Florida Senate - 2021 SB 1948 By Senator Bean 4-01074D-21 20211948__ Page 1 of 66 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Department of Economic 2 Opportunity; amending s. 20.60, F.S.; renaming the 3 executive director of the Department of Economic 4 Opportunity as the Secretary of Economic Opportunity; 5 authorizing the secretary to appoint deputy and 6 assistant secretaries for a specified purpose; 7 establishing the Office of the Secretary and the 8 Office of Economic Accountability and Transparency; 9 providing duties for the Office of Economic 10 Accountability and Transparency; authorizing the 11 secretary to create offices within the Office of the 12 Secretary and within the divisions; requiring the 13 secretary to appoint division directors; providing 14 duties for the division directors; conforming 15 provisions to changes made by the act; amending s. 16 288.901, F.S.; revising the membership of the board of 17 directors of Enterprise Florida, Inc.; amending s. 18 290.042, F.S.; revising the definition of the term 19 “administrative costs” relating to the Florida Small 20 Cities Community Development Block Grant Program Act; 21 amending s. 290.044, F.S.; revising the application 22 process and funding for the Florida Small Cities 23 Community Development Block Grant Program Fund; 24 amending s. 290.046, F.S.; revising the application 25 process and funding for development grants awarded by 26 the department to local governments; amending s. 27 331.3081, F.S.; conforming a cross-reference; amending 28 s. 435.02, F.S.; revising the definition of the term 29

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 2 of 66 CODING: Words stricken are deletions; words underlined are additions. “specified agency” to include certain regional 30 workforce boards for the purposes of labor laws; 31 amending s. 443.091, F.S.; revising the reporting 32 requirements for reemployment assistance benefit 33 eligibility; defining the term “address”; amending s. 34 443.101, F.S.; deleting a provision providing that 35 individuals who voluntarily leave work as a direct 36 result of circumstances relating to domestic violence 37 are ineligible for benefits under certain 38 circumstances; amending s. 443.1113, F.S.; requiring 39 the department to implement an integrated modular 40 cloud-based system, rather than an integrated 41 Internet-based system, for the reemployment assistance 42 program; revising the functions and objectives of the 43 Reemployment Assistance Claims and Benefits 44 Information System; deleting obsolete language; 45 requiring the department to maintain a sustainable 46 culture of continuous modernization and to maintain a 47 specified reemployment assistance governance 48 structure; requiring the system to be governed by the 49 Reemployment Assistance Modernization Strategic 50 Planning Office; providing duties of the office; 51 providing reporting requirements; authorizing the 52 department to implement an emergency reemployment 53 assistance system under certain circumstances; 54 providing applicability; deleting provisions relating 55 to duties of the governance structure of the system 56 project; amending s. 443.151, F.S.; revising the 57 timeline for employers’ responses to notices of 58

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 3 of 66 CODING: Words stricken are deletions; words underlined are additions. benefits claims sent by the department; authorizing 59 claimants to request the department to reconsider a 60 monetary determination; providing requirements for 61 such request; providing that monetary determinations 62 and redeterminations are final after a specified 63 period of time; providing exceptions; deleting a 64 requirement that appeals referees be attorneys in good 65 standing with The Florida Bar or be admitted to The 66 Florida Bar within 8 months after the date of 67 employment; prohibiting appeals from being filed after 68 a specified time; amending s. 445.004, F.S.; revising 69 the membership of the state board, which directs 70 CareerSource Florida, Inc.; amending s. 553.79, F.S.; 71 requiring specified building permit applications 72 applied for by licensed contractors for property 73 owners under certain programs administered by the 74 department to be issued within a reduced timeframe; 75 amending ss. 14.20195, 16.615, 20.04, 213.053, 76 220.194, 288.005, 288.061, 288.0656, 288.106, 77 288.1089, 288.1251, 288.8014, 288.955, 288.9604, 78 288.987, 290.0065, 311.09, 311.105, 334.065, 373.4149, 79 380.045, 403.0752, 420.0005, 420.0006, 420.101, 80 420.503, 420.504, 420.506, 420.507, 420.511, 420.602, 81 420.609, 420.622, 427.012, 443.1116, 446.53, 450.261, 82 624.5105, and 1004.015, F.S.; conforming provisions to 83 changes made by the act; providing an effective date. 84 85 Be It Enacted by the Legislature of the State of Florida: 86 87

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 4 of 66 CODING: Words stricken are deletions; words underlined are additions.

Section 1. Subsections (2) and (3), paragraph (

a) of 88 subsection (5), paragraph (

b) of subsection (6), and subsection 89 (9) of

section 20.60, Florida Statutes, are amended, and 90 subsection (1) of that

section is republished, to read: 91 20.60 Department of Economic Opportunity; creation; powers 92 and duties.— 93

(1) There is created the Department of Economic 94 Opportunity. 95

(2) The head of the department is the Secretary of Economic 96 Opportunity executive director, who shall be appointed by the 97 Governor, subject to confirmation by the Senate. The secretary 98 executive director shall serve at the pleasure of and report to 99 the Governor. The secretary may appoint deputy and assistant 100 secretaries as necessary to aid the secretary in fulfilling his 101 or her statutory obligations. 102 (3)(

a) The following divisions and offices of the 103 Department of Economic Opportunity are established: 104 1.(

a) The Division of Strategic Business Development. 105 2.(

b) The Division of Community Development. 106 3.(

c) The Division of Workforce Services. 107 4.(

d) The Division of Finance and Administration. 108 5.(

e) The Division of Information Technology. 109 6. The Office of the Secretary. 110 7. The Office of Economic Accountability and Transparency, 111 which shall: 112 a. Oversee the department’s critical objectives as 113 determined by the secretary and make sure that the department’s 114 key objectives are clearly communicated to the public. 115 b. Organize department resources, expertise, data, and 116

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 5 of 66 CODING: Words stricken are deletions; words underlined are additions. research to focus on and solve the complex economic challenges 117 facing the state. 118 c. Provide leadership for the department’s priority issues 119 that require integration of policy, management, and critical 120 objectives from multiple programs and organizations internal and 121 external to the department; and organize and manage external 122 communication on such priority issues. 123 d.

Promote and facilitate key department initiatives to 124 address priority economic issues and explore data and identify 125 opportunities for innovative approaches to address such economic 126 issues. 127 e. Promote strategic planning for the department. 128 (

b) The secretary: 129 1. May create offices within the Office of the Secretary 130 and within the divisions established in paragraph (

a) to promote 131 efficient and effective operation of the department. 132 2. Shall appoint a director for each division, who shall 133 directly administer his or her division and be responsible to 134 the secretary. 135

(5) The divisions within the department have specific 136 responsibilities to achieve the duties, responsibilities, and 137 goals of the department. Specifically: 138 (

a) The Division of Strategic Business Development shall: 139 1. Analyze and evaluate business prospects identified by 140 the Governor, the secretary executive director of the 141 department, and Enterprise Florida, Inc. 142 2. Administer certain tax refund, tax credit, and grant 143 programs created in law. Notwithstanding any other provision of 144 law, the department may expend interest earned from the 145

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 7 of 66 CODING: Words stricken are deletions; words underlined are additions. c. Specific provisions for the stimulation of economic 175 development and job creation in rural areas and midsize cities 176 and counties of the state, including strategies for rural 177 marketing and the development of infrastructure in rural areas. 178 d. Provisions for the promotion of the successful long-term 179 economic development of the state with increased emphasis in 180 market research and information. 181 e.

Plans for the generation of foreign investment in the 182 state which create jobs paying above-average wages and which 183 result in reverse investment in the state, including programs 184 that establish viable overseas markets, assist in meeting the 185 financing requirements of export-ready firms, broaden 186 opportunities for international joint venture relationships, use 187 the resources of academic and other institutions, coordinate 188 trade assistance and facilitation services, and facilitate 189 availability of and access to education and training programs 190 that assure requisite skills and competencies necessary to 191 compete successfully in the global marketplace. 192 f.

The identification of business sectors that are of 193 current or future importance to the state’s economy and to the 194 state’s global business image, and development of specific 195 strategies to promote the development of such sectors. 196 g. Strategies for talent development necessary in the state 197 to encourage economic development growth, taking into account 198 factors such as the state’s talent supply chain, education and 199 training opportunities, and available workforce. 200 5. Update the strategic plan every 5 years. 201 6.

Involve Enterprise Florida, Inc.; CareerSource Florida, 202 Inc.; local governments; the general public; local and regional 203

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 8 of 66 CODING: Words stricken are deletions; words underlined are additions. economic development organizations; other local, state, and 204 federal economic, international, and workforce development 205 entities; the business community; and educational institutions 206 to assist with the strategic plan. 207 (6) 208 (

b) The Department of Economic Opportunity shall serve as 209 the designated agency for purposes of each federal workforce 210 development grant assigned to it for administration. The 211 department shall carry out the duties assigned to it by the 212 Governor, under the terms and conditions of each grant.

The 213 department shall have the level of authority and autonomy 214 necessary to be the designated recipient of each federal grant 215 assigned to it and shall disburse such grants pursuant to the 216 plans and policies of the state board as defined in s. 445.002. 217 The secretary executive director may, upon delegation from the 218 Governor and pursuant to agreement with the state board, sign 219 contracts, grants, and other instruments as necessary to execute 220 functions assigned to the department.

Notwithstanding other 221 provisions of law, the department shall administer other 222 programs funded by federal or state appropriations, as 223 determined by the Legislature in the General Appropriations Act 224 or other law. 225

(9) The secretary executive director shall: 226 (

a) Manage all activities and responsibilities of the 227 department. 228 (

b) Serve as the manager for the state with respect to 229 contracts with Enterprise Florida, Inc., and all applicable 230 direct-support organizations. To accomplish the provisions of 231 this

section and applicable provisions of

chapter 288, and 232

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 9 of 66 CODING: Words stricken are deletions; words underlined are additions. notwithstanding the provisions of

part I of

chapter 287, the 233 secretary director shall enter into specific contracts with 234 Enterprise Florida, Inc., and other appropriate direct-support 235 organizations. Such contracts may be for multiyear terms and 236 must include specific performance measures for each year. For 237 purposes of this section, the Florida Tourism Industry Marketing 238 Corporation and the Institute for Commercialization of Florida 239 Technology are not appropriate direct-support organizations. 240 (

c) Serve as a member of the board of directors of the 241 Florida Development Finance Corporation. The secretary executive 242 director may designate an employee of the department to serve in 243 this capacity. 244

Section 2. Paragraph (

a) of subsection (5) of

section 245 288.901, Florida Statutes, is amended to read: 246 288.901 Enterprise Florida, Inc.— 247

(5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.— 248 (

a) In addition to the Governor or his or her designee, the 249 board of directors shall consist of the following appointed 250 members: 251 1. The Commissioner of Education or his or her designee. 252 2. The Chief Financial Officer or his or her designee. 253 3. The Attorney General or his or her designee. 254 4. The Commissioner of Agriculture or his or her designee. 255 5. The chairperson of the state board as defined in s. 256 445.002. 257 6. The Secretary of State or his or her designee. 258 7. The Secretary of Economic Opportunity or his or her 259 designee. 260 8. Twelve members from the private sector, six of whom 261

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 10 of 66 CODING: Words stricken are deletions; words underlined are additions. shall be appointed by the Governor, three of whom shall be 262 appointed by the President of the Senate, and three of whom 263 shall be appointed by the Speaker of the House of 264 Representatives. Members appointed by the Governor are subject 265 to Senate confirmation. 266 267 All board members shall serve without compensation, but are 268 entitled to receive reimbursement for per diem and travel 269 expenses pursuant to s. 112.061. Such expenses must be paid out 270 of funds of Enterprise Florida, Inc. 271

Section 3. Subsection (2) of

section 290.042, Florida 272 Statutes, is amended to read: 273 290.042

Definitions relating to Florida Small Cities 274 Community Development Block Grant Program Act.—As used in ss. 275 290.0401-290.048, the term: 276 (2) “Administrative costs” has the same meaning as defined 277 in the Housing and Community Development Act of 1974, as 278 amended, and applicable federal regulations means the payment of 279 all reasonable costs of management, coordination, monitoring, 280 and evaluation, and similar costs and carrying charges, related 281 to the planning and execution of community development 282 activities which are funded in whole or in part under the 283 Florida Small Cities Community Development Block Grant Program. 284 Administrative costs shall include all costs of administration, 285 including general administration, planning and urban design, and 286 project administration costs. 287

Section 4. Subsections (3), (4), and (5) of

section 288 290.044, Florida Statutes, are amended to read: 289 290.044 Florida Small Cities Community Development Block 290

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 11 of 66 CODING: Words stricken are deletions; words underlined are additions. Grant Program Fund; administration; distribution.— 291

(3) The department shall require applicants for grants to 292 compete against each other in the following grant program 293 categories that may include one or more of the following: 294 (

a) Housing rehabilitation. 295 (

b) Economic development. 296 (

c) Neighborhood revitalization. 297 (

d) Commercial revitalization. 298 (

e) Any other activity authorized by the Housing and 299 Community Development Act of 1974, as amended, and applicable 300 federal regulations. 301

(4) The department shall define broad community development 302 objectives to be achieved by the activities in each of the grant 303 program categories with the use of funds from the Florida Small 304 Cities Community Development Block Grant Program Fund. Such 305 objectives shall be designed to meet at least one of the 306 national objectives provided in the Housing and Community 307 Development Act of 1974. 308

(5) The department may set aside an amount of up to 15 5 309 percent of the funds annually for use in any eligible local 310 government jurisdiction for which an emergency or natural 311 disaster has been declared by executive order. Such funds may 312 only be provided to a local government to fund eligible 313 emergency-related activities for which no other source of 314 federal, state, or local disaster funds is available. The 315 department may provide for such set-aside by rule. In the last 316 quarter of the state fiscal year, any funds not allocated under 317 the emergency-related set-aside shall be distributed to unfunded 318 applications from the most recent funding cycle. 319

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Section 5. Subsection (2), paragraph (

b) of subsection (3), 320 and subsection (6) of

section 290.046, Florida Statutes, are 321 amended to read: 322 290.046 Applications for grants; procedures; requirements.— 323 (2)(

a) Except for applications for economic development 324 grants as provided in subparagraph (b)1., an eligible local 325 government may submit one application for a grant during each 326 application cycle. 327 (b)1. An eligible local government may apply up to three 328 times in any one annual funding cycle for an economic 329 development grant but may not receive more than one such grant 330 per annual funding cycle. A local government may have more than 331 one open economic development grant. 332 (2)(a)2.

The department shall establish minimum criteria 333 pertaining to the number of jobs created for persons of low or 334 moderate income, the degree of private sector financial 335 commitment, and the economic feasibility of the proposed project 336 and shall establish any other criteria the department deems 337 appropriate. Assistance to a private, for-profit business may 338 not be provided from a grant award unless sufficient evidence 339 exists to demonstrate that without such public assistance the 340 creation or retention of such jobs would not occur. 341 (b)(c)1.

A local government with an open housing 342 rehabilitation, neighborhood revitalization, or commercial 343 revitalization contract is not eligible to apply for another 344 housing rehabilitation, neighborhood revitalization, or 345 commercial revitalization grant until administrative closeout of 346 its existing contract. The department shall notify a local 347 government of administrative closeout or of any outstanding 348

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 13 of 66 CODING: Words stricken are deletions; words underlined are additions. closeout issues within 45 days after receipt of a closeout 349 package from the local government. A local government with an 350 open housing rehabilitation, neighborhood revitalization, or 351 commercial revitalization community development block grant 352 contract whose activities are on

schedule in accordance with the 353 expenditure rates and accomplishments described in the contract 354 may apply for an economic development grant. 355 (c)2. A local government with an open economic development 356 community development block grant contract whose activities are 357 on

schedule in accordance with the expenditure rates and 358 accomplishments described in the contract may apply for a 359 housing rehabilitation, neighborhood revitalization, or 360 commercial revitalization community development block grant. A 361 local government with an open economic development contract 362 whose activities are on

schedule in accordance with the 363 expenditure rates and accomplishments described in the contract 364 may receive no more than one additional economic development 365 grant in each fiscal year. 366 (

d) The department may not award a grant until it has 367 conducted a site visit to verify the information contained in 368 the local government’s application. 369 (3) 370 (

b) Funds shall be distributed according to the rankings 371 established in each application cycle. If economic development 372 funds remain available after the application cycle closes, the 373 remaining funds shall be awarded to eligible projects on a 374 first-come, first-served basis until such funds are fully 375 obligated. 376

(6) The department shall, before approving an application 377

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 14 of 66 CODING: Words stricken are deletions; words underlined are additions. for a grant, determine that the applicant has the administrative 378 capacity to carry out the proposed activities and has performed 379 satisfactorily in carrying out past activities funded by 380 community development block grants. The evaluation of past 381 performance shall take into account procedural aspects of 382 previous grants as well as substantive results.

If the 383 department determines that any applicant has failed to 384 accomplish substantially the results it proposed in its last 385 previously funded applications application, it may prohibit the 386 applicant from receiving a grant or may penalize the applicant 387 in the rating of the current application. An application for 388 grant funds may not be denied solely upon the basis of the past 389 performance of the eligible applicant. 390

Section

Section 331.3081, Florida Statutes, is amended 391 to read: 392 331.3081 Board of directors.—Space Florida shall be 393 governed by a 13-member independent board of directors that 394 consists of the members appointed to the board of directors of 395 Enterprise Florida, Inc., by the Governor, the President of the 396 Senate, and the Speaker of the House of Representatives pursuant 397 to s. 288.901(5)(a)8. s. 288.901(5)(a)7. and the Governor, who 398 shall serve ex officio, or who may appoint a designee to serve, 399 as the chair and a voting member of the board. 400

Section 7. Subsection (5) of

section 435.02, Florida 401 Statutes, is amended to read: 402 435.02

Definitions.—For the purposes of this chapter, the 403 term: 404 (5) “Specified agency” means the Department of Health, the 405 Department of Children and Families, the Division of Vocational 406

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 15 of 66 CODING: Words stricken are deletions; words underlined are additions. Rehabilitation within the Department of Education, the Agency 407 for Health Care Administration, the Department of Elderly 408 Affairs, the Department of Juvenile Justice, the Agency for 409 Persons with Disabilities, regional workforce boards providing 410 services as defined in s. 445.002(3), and local licensing 411 agencies approved pursuant to s. 402.307, when these agencies 412 are conducting state and national criminal history background 413 screening on persons who work with children or persons who are 414 elderly or disabled. 415

Section 8. Paragraph (

c) of subsection (1) of

section 416 443.091, Florida Statutes, is amended to read: 417 443.091 Benefit eligibility conditions.— 418

(1) An unemployed individual is eligible to receive 419 benefits for any week only if the Department of Economic 420 Opportunity finds that: 421 (

c) To make continued claims for benefits, she or he is 422 reporting to the department in accordance with this paragraph 423 and department rules. Department rules may not conflict with s. 424 443.111(1)(b), which requires that each claimant continue to 425 report regardless of any pending appeal relating to her or his 426 eligibility or disqualification for benefits. 427 1.

For each week of unemployment claimed, each report must, 428 at a minimum, include the name and, address, and telephone 429 number of each prospective employer contacted, or the date the 430 claimant reported to a one-stop career center, pursuant to 431 paragraph (d). For the purposes of this subparagraph, the term 432 “address” means a website address, a physical address, or an e-433 mail address. 434 2. The department shall offer an online assessment aimed at 435

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 16 of 66 CODING: Words stricken are deletions; words underlined are additions. identifying an individual’s skills, abilities, and career 436 aptitude. The skills assessment must be voluntary, and the 437 department shall allow a claimant to choose whether to take the 438 skills assessment. The online assessment shall be made available 439 to any person seeking services from a local workforce 440 development board or a one-stop career center. 441 a.

If the claimant chooses to take the online assessment, 442 the outcome of the assessment shall be made available to the 443 claimant, local workforce development board, and one-stop career 444 center. The department, local workforce development board, or 445 one-stop career center shall use the assessment to develop a 446 plan for referring individuals to training and employment 447 opportunities.

Aggregate data on assessment outcomes may be made 448 available to CareerSource Florida, Inc., and Enterprise Florida, 449 Inc., for use in the development of policies related to 450 education and training programs that will ensure that businesses 451 in this state have access to a skilled and competent workforce. 452 b.

Individuals shall be informed of and offered services 453 through the one-stop delivery system, including career 454 counseling, the provision of skill match and job market 455 information, and skills upgrade and other training 456 opportunities, and shall be encouraged to participate in such 457 services at no cost to the individuals.

The department shall 458 coordinate with CareerSource Florida, Inc., the local workforce 459 development boards, and the one-stop career centers to identify, 460 develop, and use best practices for improving the skills of 461 individuals who choose to participate in skills upgrade and 462 other training opportunities. The department may contract with 463 an entity to create the online assessment in accordance with the 464

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 17 of 66 CODING: Words stricken are deletions; words underlined are additions. competitive bidding requirements in s. 287.057. The online 465 assessment must work seamlessly with the Reemployment Assistance 466 Claims and Benefits Information System. 467

Section 9. Paragraph (

a) of subsection (1) and subsection 468 (6) of

section 443.101, Florida Statutes, are amended to read: 469 443.101 Disqualification for benefits.—An individual shall 470 be disqualified for benefits: 471 (1)(

a) For the week in which he or she has voluntarily left 472 work without good cause attributable to his or her employing 473 unit or for the week in which he or she has been discharged by 474 the employing unit for misconduct connected with his or her 475 work, based on a finding by the Department of Economic 476 Opportunity. As used in this paragraph, the term “work” means 477 any work, whether full-time, part-time, or temporary. 478 1.

Disqualification for voluntarily quitting continues for 479 the full period of unemployment next ensuing after the 480 individual has left his or her full-time, part-time, or 481 temporary work voluntarily without good cause and until the 482 individual has earned income equal to or greater than 17 times 483 his or her weekly benefit amount.

As used in this subsection, 484 the term “good cause” includes only that cause attributable to 485 the employing unit which would compel a reasonable employee to 486 cease working or attributable to the individual’s illness or 487 disability requiring separation from his or her work. Any other 488 disqualification may not be imposed. 489 2. An individual is not disqualified under this subsection 490 for: 491 a. Voluntarily leaving temporary work to return immediately 492 when called to work by the permanent employing unit that 493

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 18 of 66 CODING: Words stricken are deletions; words underlined are additions. temporarily terminated his or her work within the previous 6 494 calendar months; 495 b. Voluntarily leaving work to relocate as a result of his 496 or her military-connected spouse’s permanent change of station 497 orders, activation orders, or unit deployment orders; or 498 c. Voluntarily leaving work if he or she proves that his or 499 her discontinued employment is a direct result of circumstances 500 related to domestic violence as defined in s. 741.28. An 501 individual who voluntarily leaves work under this sub-502 subparagraph must: 503 (

I) Make reasonable efforts to preserve employment, unless 504 the individual establishes that such remedies are likely to be 505 futile or to increase the risk of future incidents of domestic 506 violence.

Such efforts may include seeking a protective 507 injunction, relocating to a secure place, or seeking reasonable 508 accommodation from the employing unit, such as a transfer or 509 change of assignment; 510 (II) Provide evidence such as an injunction, a protective 511 order, or other documentation authorized by state law which 512 reasonably proves that domestic violence has occurred; and 513 (III)Reasonably believe that he or she is likely to be the 514 victim of a future act of domestic violence at, in transit to, 515 or departing from his or her place of employment.

An individual 516 who is otherwise eligible for benefits under this sub-517 subparagraph is ineligible for each week that he or she no 518 longer meets such criteria or refuses a reasonable accommodation 519 offered in good faith by his or her employing unit. 520 3. The employment record of an employing unit may not be 521 charged for the payment of benefits to an individual who has 522

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 19 of 66 CODING: Words stricken are deletions; words underlined are additions. voluntarily left work under sub-subparagraph 2.c. 523 4.

Disqualification for being discharged for misconduct 524 connected with his or her work continues for the full period of 525 unemployment next ensuing after having been discharged and until 526 the individual is reemployed and has earned income of at least 527 17 times his or her weekly benefit amount and for not more than 528 52 weeks immediately following that week, as determined by the 529 department in each case according to the circumstances or the 530 seriousness of the misconduct, under the department’s rules for 531 determining disqualification for benefits for misconduct. 532 5.

If an individual has provided notification to the 533 employing unit of his or her intent to voluntarily leave work 534 and the employing unit discharges the individual for reasons 535 other than misconduct before the date the voluntary quit was to 536 take effect, the individual, if otherwise entitled, shall 537 receive benefits from the date of the employer’s discharge until 538 the effective date of his or her voluntary quit. 539 6.

If an individual is notified by the employing unit of 540 the employer’s intent to discharge the individual for reasons 541 other than misconduct and the individual quits without good 542 cause before the date the discharge was to take effect, the 543 claimant is ineligible for benefits pursuant to s. 443.091(1)(d) 544 for failing to be available for work for the week or weeks of 545 unemployment occurring before the effective date of the 546 discharge. 547

(6) For making any false or fraudulent representation for 548 the purpose of obtaining benefits contrary to this chapter, 549 constituting a violation under s. 443.071. The disqualification 550 imposed under this subsection shall begin with the week for in 551

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 20 of 66 CODING: Words stricken are deletions; words underlined are additions. which the false or fraudulent representation was is made and 552 shall continue for a period not to exceed 1 year after the date 553 the Department of Economic Opportunity discovers the false or 554 fraudulent representation and until any overpayment of benefits 555 resulting from such representation has been repaid in full. This 556 disqualification may be appealed in the same manner as any other 557 disqualification imposed under this section.

A conviction by any 558 court of competent jurisdiction in this state of the offense 559 prohibited or punished by s. 443.071 is conclusive upon the 560 appeals referee and the commission of the making of the false or 561 fraudulent representation for which disqualification is imposed 562 under this section. 563

Section

Section 443.1113, Florida Statutes, is amended 564 to read: 565 443.1113 Reemployment Assistance Claims and Benefits 566 Information System.— 567

(1) Subject to legislative appropriation, the Department of 568 Economic Opportunity shall implement an integrated modular 569 cloud-based system that is necessary for the efficient 570 distribution of benefits and the effective operation and 571 management of the reemployment assistance program.

To The extent 572 that funds are appropriated for each phase of the Reemployment 573 Assistance Claims and Benefits Information system may be cited 574 by the Legislature, the Department of Economic Opportunity shall 575 replace and enhance the functionality provided in the following 576 systems with an integrated Internet-based system that is known 577 as the “Reemployment Assistance Claims and Benefits Information 578 System” and must: 579 (

a) Be accessible through the Internet Claims and benefit 580

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 21 of 66 CODING: Words stricken are deletions; words underlined are additions. mainframe system. 581 (

b) Be accessible on mobile devices and personal computers 582 Florida unemployment Internet direct. 583 (

c) Process reemployment assistance claims Florida 584 continued claim Internet directory. 585 (

d) Process benefit payments Call center interactive voice 586 response system. 587 (

e) Process and manage overpayments Benefit overpayment 588 screening system. 589 (

f) Perform adjudication functions Internet and Intranet 590 appeals system. 591 (

g) Process appeals and manage appeal hearings. 592 (

h) Manage and process employer charging. 593

(2) Wherever cost-effective and operationally feasible, the 594 Reemployment Assistance Claims and Benefits System shall 595 accomplish the following main business objectives: 596 (

a) Wherever cost-effective and operationally feasible, 597 Eliminate or automate existing paper processes and enhance any 598 existing automated workflows in order to expedite customer 599 transactions and eliminate redundancy. 600 (

b) Enable and enhance online, self-service capabilities 601 access to claimant and employer information and federal and 602 state reporting. 603 (

c) Integrate benefit payment control with the adjudication 604 program and collection system in order to improve the detection 605 of fraud. 606 (

d) Comply with all requirements established in federal and 607 state law for reemployment assistance. 608 (

e) Integrate with the Department of Revenue’s statewide 609

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 22 of 66 CODING: Words stricken are deletions; words underlined are additions. unified tax system that collects reemployment assistance taxes. 610

(3) The scope of the Reemployment Assistance Claims and 611 Benefits Information System does not include any of the 612 following functionalities: 613 (

a) Collection of reemployment assistance taxes. 614 (

b) General ledger, financial management, or budgeting 615 capabilities. 616 (

c) Human resource planning or management capabilities. 617

(4) The project to implement the Reemployment Assistance 618 Claims and Benefits Information System is comprised of the 619 following phases and corresponding implementation timeframes: 620 (

a) No later than the end of fiscal year 2009-2010 621 completion of the business re-engineering analysis and 622 documentation of both the detailed system requirements and the 623 overall system architecture. 624 (

b) The Reemployment Assistance Claims and Benefits 625 Internet portal that replaces the Florida Unemployment Internet 626 Direct and the Florida Continued Claims Internet Directory 627 systems, the Call Center Interactive Voice Response System, the 628 Benefit Overpayment Screening System, the Internet and Intranet 629 Appeals System, and the Claims and Benefits Mainframe System 630 shall be deployed to full operational status no later than the 631 end of fiscal year 2013-2014. 632 (4)

(5) The Department of Economic Opportunity shall 633 maintain a sustainable culture of continuous modernization and 634 shall implement and maintain the following Reemployment 635 Assistance Claims and Benefits Information System project 636 governance structure until such time as the project is 637 completed, suspended, or terminated: 638

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 23 of 66 CODING: Words stricken are deletions; words underlined are additions. (

a) The project sponsor for the Reemployment Assistance 639 Claims and Benefits Information System project is the 640 department. 641 (a)(

b) The system project shall be governed by an executive 642 steering committee composed of the Reemployment Assistance 643 Modernization Strategic Planning Office. 644 (

b) The Reemployment Assistance Modernization Strategic 645 Planning Office shall report directly to the Secretary of 646 Economic Opportunity and is responsible for: 647 1. Coordinating and seeking input, including, but not 648 limited to, from the following entities voting members or their 649 designees: 650 1. The executive director of the department. 651 a.2. The executive director of the Department of Revenue. 652 b.3.

The Department of Management Services, including, but 653 not limited to, the state chief information officer The director 654 of the Division of Workforce Services within the department. 655 4. The program director of the General Tax Administration 656 Program Office within the Department of Revenue. 657 5. The chief information officer of the department. 658 (

c) The executive steering committee has the overall 659 responsibility for ensuring that the project meets its primary 660 objectives and is specifically responsible for: 661 1. Providing management direction and support to the 662 project management team. 663 2. Assessing the project’s alignment with the strategic 664 goals of the department for administering the reemployment 665 assistance program. 666 2. Implementing continuous modernization initiatives for 667

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 24 of 66 CODING: Words stricken are deletions; words underlined are additions. the Reemployment Assistance Claims and Benefits Information 668 System. The modernization initiatives must include, but need not 669 be limited to: 670 a. Infrastructure. 671 b. Software. 672 c. Data and analytics. 673 d. Security. 674 3. Providing regular updates to the Secretary of Economic 675 Opportunity. 676 4. Developing and maintaining an enterprise disaster 677 preparedness plan. 678

(5) By October 1, 2023, and each year thereafter, the 679 Department of Economic Opportunity shall submit a Reemployment 680 Assistance Claims and Benefits Information System report to the 681 Governor, the President of the Senate, and the Speaker of the 682 House of Representatives. The report must, at a minimum, 683 include: 684 (

a) A

summary of continuous modernization efforts over the 685 last fiscal year. 686 (

b) A 3-year outlook of recommended modernization projects 687 that include projected costs and timeframes for completion. 688

(6) In the event of a disaster or an emergency, as declared 689 by the President of the United States or the Governor of this 690 state, which may disrupt or endanger the Department of Economic 691 Opportunity’s usual procedures or facilities, the department may 692 implement an emergency reemployment assistance system. 693 Subsection (1) does not apply to an emergency reemployment 694 assistance system. 695 3. Reviewing and approving or disapproving any changes to 696

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 25 of 66 CODING: Words stricken are deletions; words underlined are additions. the project’s scope, schedule, and costs. 697 4. Reviewing, approving or disapproving, and determining 698 whether to proceed with any major project deliverables. 699 5. Recommending suspension or termination of the project to 700 the Governor, the President of the Senate, and the Speaker of 701 the House of Representatives if it determines that the primary 702 objectives cannot be achieved. 703 (

d) The project management team shall work under the 704 direction of the executive steering committee and shall be 705 minimally comprised of senior managers and stakeholders from the 706 department and the Department of Revenue. The project management 707 team is responsible for: 708 1. Providing daily planning, management, and oversight of 709 the project. 710 2. Submitting an operational work plan and providing 711 quarterly updates to that plan to the executive steering 712 committee. The plan must specify project milestones, 713 deliverables, and expenditures. 714 3.

Submitting written monthly project status reports to the 715 executive steering committee which include: 716 a. Planned versus actual project costs; 717 b. An assessment of the status of major milestones and 718 deliverables; 719 c. Identification of any issues requiring resolution, the 720 proposed resolution for these issues, and information regarding 721 the status of the resolution; 722 d. Identification of risks that must be managed; and 723 e. Identification of and recommendations regarding 724 necessary changes in the project’s scope, schedule, or costs. 725

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 26 of 66 CODING: Words stricken are deletions; words underlined are additions. All recommendations must be reviewed by project stakeholders 726 before submission to the executive steering committee in order 727 to ensure that the recommendations meet required acceptance 728 criteria. 729

Section 11. Paragraphs (

a) and (

b) of subsection (3) and 730 paragraphs (

a) and (

b) of subsection (4) of

section 443.151, 731 Florida Statutes, are amended to read: 732 443.151 Procedure concerning claims.— 733

(3) DETERMINATION OF ELIGIBILITY.— 734 (

a) Notices of claim.—The Department of Economic 735 Opportunity shall promptly provide a notice of claim to the 736 claimant’s most recent employing unit and all employers whose 737 employment records are liable for benefits under the monetary 738 determination. The employer must respond to the notice of claim 739 within 14 20 days after the mailing date of the notice, or in 740 lieu of mailing, within 14 20 days after the delivery of the 741 notice.

If a contributing employer or its agent fails to timely 742 or adequately respond to the notice of claim or request for 743 information, the employer’s account may not be relieved of 744 benefit charges as provided in s. 443.131(3)(a), notwithstanding 745 paragraph (5)(b). The department may adopt rules as necessary to 746 implement the processes described in this paragraph relating to 747 notices of claim. 748 (

b) Monetary determinations.—In addition to the notice of 749 claim, the department shall also promptly provide an initial 750 monetary determination to the claimant and each base period 751 employer whose account is subject to being charged for its 752 respective share of benefits on the claim. The monetary 753 determination must include a statement of whether and in what 754

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 27 of 66 CODING: Words stricken are deletions; words underlined are additions. amount the claimant is entitled to benefits, and, in the event 755 of a denial, must state the reasons for the denial. A monetary 756 determination for the first week of a benefit year must also 757 include a statement of whether the claimant was paid the wages 758 required under s. 443.091(1)(

g) and, if so, the first day of the 759 benefit year, the claimant’s weekly benefit amount, and the 760 maximum total amount of benefits payable to the claimant for a 761 benefit year. The claimant may file a request for the department 762 to reconsider a monetary determination within 20 days after the 763 department mails the notice to the claimant’s last known address 764 or, in lieu of mailing, within 20 days after the delivery of the 765 notice. A monetary determination is final for a claimant if the 766 claimant does not file a timely request for the department to 767 reconsider the monetary determination.

A monetary 768 redetermination is final for a claimant unless within 20 days 769 after the mailing of the notice of monetary redetermination to 770 the claimant’s last known address or, in lieu of mailing, within 771 20 days after the delivery of the notice, the claimant files an 772 appeal.

The monetary determination or monetary redetermination 773 is final for an employer or other party entitled to notice 774 unless within 20 days after the mailing of the respective notice 775 to the employer or party to its last known address or, in lieu 776 of mailing, within 20 days after delivery of the notice, an 777 appeal is filed by the employer or the party The monetary 778 determination is final unless within 20 days after the mailing 779 of the notices to the parties’ last known addresses, or in lieu 780 of mailing, within 20 days after the delivery of the notices, an 781 appeal or written request for reconsideration is filed by the 782 claimant or other party entitled to notice.

The department may 783

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 28 of 66 CODING: Words stricken are deletions; words underlined are additions. adopt rules as necessary to implement the processes described in 784 this paragraph relating to notices of monetary determinations 785 and the appeals or reconsideration requests filed in response to 786 such notices. 787

(4) APPEALS.— 788 (

a) Appeals referees.— 789 1. The Department of Economic Opportunity shall appoint one 790 or more impartial salaried appeals referees in accordance with 791 s. 443.171(3) to hear and decide appealed claims. 792 2. An appeals referee must be an attorney in good standing 793 with The Florida Bar or be successfully admitted to The Florida 794 Bar within 8 months after his or her date of employment. This 795 subparagraph does not apply to an appeals referee appointed 796 before January 1, 2014. 797 3.

A person may not participate on behalf of the department 798 as an appeals referee in any case in which she or he is an 799 interested party. 800 3.4. The department may designate alternates to serve in 801 the absence or disqualification of any appeals referee on a 802 temporary basis. These alternates must have the same 803 qualifications required of appeals referees. 804 4.5. The department shall provide the commission and the 805 appeals referees with proper facilities and assistance for the 806 execution of their functions. 807 (

b) Filing and hearing.— 808 1. The claimant or any other party entitled to notice of a 809 determination may appeal an adverse determination to an appeals 810 referee within 20 days after the date of mailing of the notice 811 to her or his last known address or, if the notice is not 812

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 29 of 66 CODING: Words stricken are deletions; words underlined are additions. mailed, within 20 days after the date of delivering the notice. 813 2. Unless the appeal is untimely or withdrawn or review is 814 initiated by the commission, the appeals referee, after mailing 815 all parties and attorneys of record a notice of hearing at least 816 10 days before the date of hearing, notwithstanding the 14-day 817 notice requirement in s. 120.569(2)(b), may only affirm, modify, 818 or reverse the determination.

An appeal may not be withdrawn 819 without the permission of the appeals referee. 820 3. However, If an appeal appears to have been filed after 821 the permissible time limit, the Office of Appeals may issue an 822 order to show cause to the appellant which requires the 823 appellant to show why the appeal should not be dismissed as 824 untimely. If, within 15 days after the mailing date of the order 825 to show cause, the appellant does not provide written evidence 826 of timely filing or good cause for failure to appeal timely, the 827 appeal shall be dismissed.

However, an appeal may not be filed 828 more than 5 years after the date of the mailing of the 829 determination or, if the determination is not mailed, more than 830 5 years after the date of the delivery of the determination. 831 4. If an appeal involves a question of whether services 832 were performed by a claimant in employment or for an employer, 833 the referee must give special notice of the question and of the 834 pendency of the appeal to the employing unit and to the 835 department, both of which become parties to the proceeding. 836 5.a.

Any part of the evidence may be received in written 837 form, and all testimony of parties and witnesses shall be made 838 under oath. 839 b. Irrelevant, immaterial, or unduly repetitious evidence 840 shall be excluded, but all other evidence of a type commonly 841

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 30 of 66 CODING: Words stricken are deletions; words underlined are additions. relied upon by reasonably prudent persons in the conduct of 842 their affairs is admissible, whether or not such evidence would 843 be admissible in a trial in state court. 844 c. Hearsay evidence may be used for the purpose of 845 supplementing or explaining other evidence, or to support a 846 finding if it would be admissible over objection in civil 847 actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may 848 support a finding of fact if: 849 (

I) The party against whom it is offered has a reasonable 850 opportunity to review such evidence prior to the hearing; and 851 (II) The appeals referee or special deputy determines, 852 after considering all relevant facts and circumstances, that the 853 evidence is trustworthy and probative and that the interests of 854 justice are best served by its admission into evidence. 855 6. The parties must be notified promptly of the referee’s 856 decision. The referee’s decision is final unless further review 857 is initiated under paragraph (

c) within 20 days after the date 858 of mailing notice of the decision to the party’s last known 859 address or, in lieu of mailing, within 20 days after the 860 delivery of the notice. 861

Section 12. Paragraph (

d) of subsection (3) of

section 862 445.004, Florida Statutes, is amended, and subsections (1) and 863 (2) of that

section are republished, to read: 864 445.004 CareerSource Florida, Inc., and the state board; 865 creation; purpose; membership; duties and powers.— 866

(1) CareerSource Florida, Inc., is created as a not-for-867 profit corporation, which shall be registered, incorporated, 868 organized, and operated in compliance with

chapter 617 and shall 869 operate at the direction of the state board. CareerSource 870

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 32 of 66 CODING: Words stricken are deletions; words underlined are additions. Opportunity or his or her designee, the vice chairperson of the 900 board of directors of Enterprise Florida, Inc., and one member 901 representing each of the Workforce Innovation and Opportunity 902 Act partners, including the Division of Career and Adult 903 Education, and other entities representing programs identified 904 in the Workforce Innovation and Opportunity Act, as determined 905 necessary. 906

Section 13. Subsection (14) of

section 553.79, Florida 907 Statutes, is amended to read: 908 553.79 Permits; applications; issuance; inspections.— 909 (14)(

a) Except as provided in paragraph (b), a building 910 permit for a single-family residential dwelling must be issued 911 within 30 working days after receipt of the application therefor 912 unless unusual circumstances require a longer time for 913 processing the application or unless the permit application 914 fails to satisfy the Florida Building Code or the enforcing 915 agency’s laws or ordinances. 916 (

b) A building permit for a single-family residential 917 dwelling applied for by a contractor licensed in this state on 918 behalf of a property owner who participates in a Community 919 Development Block Grant–Disaster Recovery program administered 920 by the Department of Economic Opportunity must be issued within 921 15 working days after receipt of the application unless the 922 permit application fails to satisfy the Florida Building Code or 923 the enforcing agency’s laws or ordinances. 924

Section 14. Paragraph (

b) of subsection (2) of

section 925 14.20195, Florida Statutes, is amended to read: 926 14.20195 Suicide Prevention Coordinating Council; creation; 927 membership; duties.—There is created within the Statewide Office 928

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 33 of 66 CODING: Words stricken are deletions; words underlined are additions. for Suicide Prevention a Suicide Prevention Coordinating 929 Council. The council shall develop strategies for preventing 930 suicide. 931

(2) MEMBERSHIP.—The Suicide Prevention Coordinating Council 932 shall consist of 31 voting members and 1 nonvoting member. 933 (

b) The following state officials or their designees shall 934 serve on the coordinating council: 935 1. The Secretary of Elderly Affairs. 936 2. The State Surgeon General. 937 3. The Commissioner of Education. 938 4. The Secretary of Health Care Administration. 939 5. The Secretary of Juvenile Justice. 940 6. The Secretary of Corrections. 941 7. The executive director of the Department of Law 942 Enforcement. 943 8. The executive director of the Department of Veterans’ 944 Affairs. 945 9. The Secretary of Children and Families. 946 10. The Secretary executive director of the Department of 947 Economic Opportunity. 948

Section 15. Paragraph (

j) of subsection (1) of

section 949 16.615, Florida Statutes, is amended to read: 950 16.615 Council on the Social Status of Black Men and Boys.— 951

(1) The Council on the Social Status of Black Men and Boys 952 is established within the Department of Legal Affairs and shall 953 consist of 19 members appointed as follows: 954 (

j) The Secretary executive director of the Department of 955 Economic Opportunity or his or her designee. 956

Section 16. Subsection (3) and paragraph (

b) of subsection 957

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 34 of 66 CODING: Words stricken are deletions; words underlined are additions. (7) of

section 20.04, Florida Statutes, are amended to read: 958 20.04 Structure of executive branch.—The executive branch 959 of state government is structured as follows: 960

(3) For their internal structure, all departments, except 961 for the Department of Financial Services, the Department of 962 Economic Opportunity, the Department of Children and Families, 963 the Department of Corrections, the Department of Management 964 Services, the Department of Revenue, and the Department of 965 Transportation, must adhere to the following standard terms: 966 (

a) The principal unit of the department is the “division.” 967 Each division is headed by a “director.” 968 (

b) The principal unit of the division is the “bureau.” 969 Each bureau is headed by a “chief.” 970 (

c) The principal unit of the bureau is the “section.” Each 971

section is headed by an “administrator.” 972 (

d) If further subdivision is necessary, sections may be 973 divided into “subsections,” which are headed by “supervisors.” 974 (7) 975 (

b) Within the limitations of this subsection, the head of 976 the department may recommend the establishment of additional 977 divisions, bureaus, sections, and subsections of the department 978 to promote efficient and effective operation of the department. 979 However, additional divisions, or offices in the Department of 980 Children and Families, the Department of Corrections, the 981 Department of Economic Opportunity, and the Department of 982 Transportation, may be established only by specific statutory 983 enactment.

New bureaus, sections, and subsections of departments 984 may be initiated by a department and established as recommended 985 by the Department of Management Services and approved by the 986

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 35 of 66 CODING: Words stricken are deletions; words underlined are additions. Executive Office of the Governor, or may be established by 987 specific statutory enactment. 988

Section 17. Paragraph (

a) of subsection (7) of

section 989 213.053, Florida Statutes, is amended to read: 990 213.053 Confidentiality and information sharing.— 991 (7)(

a) Any information received by the Department of 992 Revenue in connection with the administration of taxes, 993 including, but not limited to, information contained in returns, 994 reports, accounts, or declarations filed by persons subject to 995 tax, shall be made available to the following in performance of 996 their official duties: 997 1. The Auditor General or his or her authorized agent; 998 2. The director of the Office of Program Policy Analysis 999 and Government Accountability or his or her authorized agent; 1000 3. The Chief Financial Officer or his or her authorized 1001 agent; 1002 4.

The Director of the Office of Insurance Regulation of 1003 the Financial Services Commission or his or her authorized 1004 agent; 1005 5. A property appraiser or tax collector or their 1006 authorized agents pursuant to s. 195.084(1); 1007 6. Designated employees of the Department of Education 1008 solely for determination of each school district’s price level 1009 index pursuant to s. 1011.62(2); 1010 7. The Secretary executive director of the Department of 1011 Economic Opportunity or his or her authorized agent; 1012 8.

The taxpayers’ rights advocate or his or her authorized 1013 agent pursuant to s. 20.21(3); and 1014 9. The coordinator of the Office of Economic and 1015

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 36 of 66 CODING: Words stricken are deletions; words underlined are additions. Demographic Research or his or her authorized agent. 1016

Section 18. Paragraph (

b) of subsection (5) of

section 1017 220.194, Florida Statutes, is amended to read: 1018 220.194 Corporate income tax credits for spaceflight 1019 projects.— 1020

(5) APPLICATION AND CERTIFICATION.— 1021 (

b) In order to take a tax credit under subparagraph (a)1. 1022 or, if applicable, to transfer an approved credit under 1023 subparagraph (a)2., a spaceflight business must submit an 1024 application for certification to the Department of Economic 1025 Opportunity along with a nonrefundable $250 fee. 1026 1. The application must include: 1027 a. The name and physical in-state address of the taxpayer. 1028 b. Documentation demonstrating to the satisfaction of the 1029 Department of Economic Opportunity that: 1030 (

I) The taxpayer is a spaceflight business. 1031 (II) The business has engaged in a qualifying spaceflight 1032 project before taking or transferring a credit under this 1033 section. 1034 c. In addition to any requirement specific to a credit, 1035 documentation that the business has: 1036 (

I) Created 35 new jobs in this state directly associated 1037 with spaceflight projects during its immediately preceding 3 1038 taxable years. The business shall be deemed to have created new 1039 jobs if the number of full-time jobs located in this state at 1040 the time of application for certification is greater than the 1041 total number of full-time jobs located in this state at the time 1042 of application for approval to earn credits; and 1043 (II) Invested a total of at least $15 million in this state 1044

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 37 of 66 CODING: Words stricken are deletions; words underlined are additions. on a spaceflight project during its immediately preceding 3 1045 taxable years. 1046 d. The total amount and types of credits sought. 1047 e. An acknowledgment that a transfer of a tax credit is to 1048 be accomplished pursuant to subsection (5). 1049 f.

A copy of an audit or audits of the preceding 3 taxable 1050 years, prepared by a certified public accountant licensed to 1051 practice in this state, which identifies that portion of the 1052 business’s activities in this state related to spaceflight 1053 projects in this state. 1054 g. An acknowledgment that the business must file an annual 1055 report on the spaceflight project’s progress with the Department 1056 of Economic Opportunity. 1057 h. Any other information necessary to demonstrate that the 1058 applicant meets the job creation, investment, and other 1059 requirements of this section. 1060 2.

Within 60 days after receipt of the application for 1061 certification, the Department of Economic Opportunity shall 1062 evaluate the application and recommend the business for 1063 certification or denial. The Secretary executive director of the 1064 Department of Economic Opportunity must approve or deny the 1065 application within 30 days after receiving the recommendation. 1066 If approved, the Department of Economic Opportunity must provide 1067 a letter of certification to the applicant consistent with any 1068 restrictions imposed.

If the Department of Economic Opportunity 1069 denies any part of the requested credit, the Department of 1070 Economic Opportunity must inform the applicant of the grounds 1071 for the denial. A copy of the certification shall be submitted 1072 to the department within 10 days after the secretary’s executive 1073

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 38 of 66 CODING: Words stricken are deletions; words underlined are additions. director’s approval. 1074

Section 19. Subsection (3) of

section 288.005, Florida 1075 Statutes, is amended to read: 1076 288.005

Definitions.—As used in this chapter, the term: 1077 (3) “Executive director” means the executive director of 1078 the Department of Economic Opportunity, unless otherwise stated. 1079

Section 20. Subsections (1) and (3), paragraph (

a) of 1080 subsection (5), and subsection (6) of

section 288.061, Florida 1081 Statutes, are amended to read: 1082 288.061 Economic development incentive application 1083 process.— 1084

(1) Upon receiving a submitted economic development 1085 incentive application, the Division of Strategic Business 1086 Development of the Department of Economic Opportunity and 1087 designated staff of Enterprise Florida, Inc., shall review the 1088 application to ensure that the application is complete, whether 1089 and what type of state and local permits may be necessary for 1090 the applicant’s project, whether it is possible to waive such 1091 permits, and what state incentives and amounts of such 1092 incentives may be available to the applicant.

The department 1093 shall recommend to the Secretary of Economic Opportunity 1094 executive director to approve or disapprove an applicant 1095 business. If review of the application demonstrates that the 1096 application is incomplete, the secretary executive director 1097 shall notify the applicant business within the first 5 business 1098 days after receiving the application. 1099

(3) Within 10 business days after the department receives 1100 the submitted economic development incentive application, the 1101 Secretary of Economic Opportunity executive director shall 1102

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 39 of 66 CODING: Words stricken are deletions; words underlined are additions. approve or disapprove the application and issue a letter of 1103 certification to the applicant which includes a justification of 1104 that decision, unless the business requests an extension of that 1105 time. 1106 (

a) The contract or agreement with the applicant must 1107 specify the total amount of the award, the performance 1108 conditions that must be met to obtain the award, the

schedule 1109 for payment, and sanctions that would apply for failure to meet 1110 performance conditions. The department may enter into one 1111 agreement or contract covering all of the state incentives that 1112 are being provided to the applicant. The contract must provide 1113 that release of funds is contingent upon sufficient 1114 appropriation of funds by the Legislature. 1115 (

b) The release of funds for the incentive or incentives 1116 awarded to the applicant depends upon the statutory requirements 1117 of the particular incentive program. 1118 (5)(

a) The Secretary of Economic Opportunity executive 1119 director may not approve an economic development incentive 1120 application unless the application includes a signed written 1121 declaration by the applicant which states that the applicant has 1122 read the information in the application and that the information 1123 is true, correct, and complete to the best of the applicant’s 1124 knowledge and belief. 1125

(6) Beginning July 1, 2020, the Secretary of Economic 1126 Opportunity executive director may not approve an economic 1127 development incentive application unless the application 1128 includes proof to the department that the applicant business is 1129 registered with and uses the E-Verify system, as defined in s. 1130 448.095, to verify the work authorization status of all newly 1131

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 40 of 66 CODING: Words stricken are deletions; words underlined are additions. hired employees. If the department determines that an awardee is 1132 not complying with this subsection, the department must notify 1133 the awardee by certified mail of the department’s determination 1134 of noncompliance and the awardee’s right to appeal the 1135 determination. Upon a final determination of noncompliance, the 1136 awardee must repay all moneys received as an economic 1137 development incentive to the department within 30 days after the 1138 final determination. 1139

Section 21. Paragraph (

a) of subsection (6) of

section 1140 288.0656, Florida Statutes, is amended to read: 1141 288.0656 Rural Economic Development Initiative.— 1142 (6)(

a) By August 1 of each year, the head of each of the 1143 following agencies and organizations shall designate a deputy 1144 secretary or higher-level staff person from within the agency or 1145 organization to serve as the REDI representative for the agency 1146 or organization: 1147 1. The Department of Transportation. 1148 2. The Department of Environmental Protection. 1149 3. The Department of Agriculture and Consumer Services. 1150 4. The Department of State. 1151 5. The Department of Health. 1152 6. The Department of Children and Families. 1153 7. The Department of Corrections. 1154 8.

The Department of Education. 1155 9. The Department of Juvenile Justice. 1156 10. The Fish and Wildlife Conservation Commission. 1157 11. Each water management district. 1158 12. Enterprise Florida, Inc. 1159 13. CareerSource Florida, Inc. 1160

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 42 of 66 CODING: Words stricken are deletions; words underlined are additions. relocates all or a portion of its business to a 1190 Disproportionally Affected County to receive a tax refund 1191 payment of up to $6,000 multiplied by the number of jobs 1192 specified in the tax refund agreement under subparagraph 1193 (5)(a)1. over the term of the agreement.

Before Prior to 1194 granting such waiver, the Secretary of Economic Opportunity 1195 executive director of the department shall file with the 1196 Governor a written statement of the conditions and circumstances 1197 constituting the reason for the waiver. Such business shall be 1198 eligible for the additional tax refund payments specified in 1199 subparagraph (3)(b)4. if it meets the criteria.

As used in this 1200 section, the term “Disproportionally Affected County” means Bay 1201 County, Escambia County, Franklin County, Gulf County, Okaloosa 1202 County, Santa Rosa County, Walton County, or Wakulla County. 1203

Section 23. Subsection (5) of

section 288.1089, Florida 1204 Statutes, is amended to read: 1205 288.1089 Innovation Incentive Program.— 1206

(5) The department shall review proposals pursuant to s. 1207 288.061 for all three categories of innovation incentive awards. 1208 Before making a recommendation to the Secretary of Economic 1209 Opportunity executive director, the department shall solicit 1210 comments and recommendations from the Department of Agriculture 1211 and Consumer Services. For each project, the evaluation and 1212 recommendation to the department must include, but need not be 1213 limited to: 1214 (

a) A description of the project, its required facilities, 1215 and the associated product, service, or research and development 1216 associated with the project. 1217 (

b) The percentage of match provided for the project. 1218

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 43 of 66 CODING: Words stricken are deletions; words underlined are additions. (

c) The number of full-time equivalent jobs that will be 1219 created by the project, the total estimated average annual wages 1220 of such jobs, and the types of business activities and jobs 1221 likely to be stimulated by the project. 1222 (

d) The cumulative investment to be dedicated to the 1223 project within 5 years and the total investment expected in the 1224 project if more than 5 years. 1225 (

e) The projected economic and fiscal impacts on the local 1226 and state economies relative to investment. 1227 (

f) A statement of any special impacts the project is 1228 expected to stimulate in a particular business sector in the 1229 state or regional economy or in the state’s universities and 1230 community colleges. 1231 (

g) A statement of any anticipated or proposed 1232 relationships with state universities. 1233 (

h) A statement of the role the incentive is expected to 1234 play in the decision of the applicant to locate or expand in 1235 this state. 1236 (

i) A recommendation and explanation of the amount of the 1237 award needed to cause the applicant to expand or locate in this 1238 state. 1239 (

j) A discussion of the efforts and commitments made by the 1240 local community in which the project is to be located to induce 1241 the applicant’s location or expansion, taking into consideration 1242 local resources and abilities. 1243 (

k) A recommendation for specific performance criteria the 1244 applicant would be expected to achieve in order to receive 1245 payments from the fund and penalties or sanctions for failure to 1246 meet or maintain performance conditions. 1247

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 44 of 66 CODING: Words stricken are deletions; words underlined are additions. (

l) Additional evaluative criteria for a research and 1248 development facility project, including: 1249 1. A description of the extent to which the project has the 1250 potential to serve as catalyst for an emerging or evolving 1251 cluster. 1252 2. A description of the extent to which the project has or 1253 could have a long-term collaborative research and development 1254 relationship with one or more universities or community colleges 1255 in this state. 1256 3. A description of the existing or projected impact of the 1257 project on established clusters or targeted industry sectors. 1258 4.

A description of the project’s contribution to the 1259 diversity and resiliency of the innovation economy of this 1260 state. 1261 5. A description of the project’s impact on special needs 1262 communities, including, but not limited to, rural areas, 1263 distressed urban areas, and enterprise zones. 1264 (

m) Additional evaluative criteria for alternative and 1265 renewable energy proposals, including: 1266 1. The availability of matching funds or other in-kind 1267 contributions applied to the total project from an applicant. 1268 The Department of Agriculture and Consumer Services shall give 1269 greater preference to projects that provide such matching funds 1270 or other in-kind contributions. 1271 2. The degree to which the project stimulates in-state 1272 capital investment and economic development in metropolitan and 1273 rural areas, including the creation of jobs and the future 1274 development of a commercial market for renewable energy 1275 technologies. 1276

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 45 of 66 CODING: Words stricken are deletions; words underlined are additions. 3. The extent to which the proposed project has been 1277 demonstrated to be technically feasible based on pilot project 1278 demonstrations, laboratory testing, scientific modeling, or 1279 engineering or chemical theory that supports the proposal. 1280 4. The degree to which the project incorporates an 1281 innovative new technology or an innovative application of an 1282 existing technology. 1283 5.

The degree to which a project generates thermal, 1284 mechanical, or electrical energy by means of a renewable energy 1285 resource that has substantial long-term production potential. 1286 6. The degree to which a project demonstrates efficient use 1287 of energy and material resources. 1288 7. The degree to which the project fosters overall 1289 understanding and appreciation of renewable energy technologies. 1290 8. The ability to administer a complete project. 1291 9. Project duration and timeline for expenditures. 1292 10.

The geographic area in which the project is to be 1293 conducted in relation to other projects. 1294 11. The degree of public visibility and interaction. 1295

Section 24. Paragraph (

b) of subsection (1) of

section 1296 288.1251, Florida Statutes, is amended to read: 1297 288.1251 Promotion and development of entertainment 1298 industry; Office of Film and Entertainment; creation; purpose; 1299 powers and duties.— 1300

(1) CREATION.— 1301 (

b) The department shall conduct a national search for a 1302 qualified person to fill the position of Commissioner of Film 1303 and Entertainment when the position is vacant. The Secretary of 1304 Economic Opportunity executive director of the department has 1305

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 46 of 66 CODING: Words stricken are deletions; words underlined are additions. the responsibility to hire the film commissioner. Qualifications 1306 for the film commissioner include, but are not limited to, the 1307 following: 1308 1. A working knowledge of the equipment, personnel, 1309 financial, and day-to-day production operations of the 1310 industries to be served by the Office of Film and Entertainment; 1311 2. Marketing and promotion experience related to the film 1312 and entertainment industries to be served; 1313 3.

Experience working with a variety of individuals 1314 representing large and small entertainment-related businesses, 1315 industry associations, local community entertainment industry 1316 liaisons, and labor organizations; and 1317 4. Experience working with a variety of state and local 1318 governmental agencies. 1319

Section 25. Subsection (8) of

section 288.8014, Florida 1320 Statutes, is amended to read: 1321 288.8014 Triumph Gulf Coast, Inc.; organization; board of 1322 directors.— 1323

(8) The Secretary executive director of the Department of 1324 Economic Opportunity, or his or her designee, the secretary of 1325 the Department of Environmental Protection, or his or her 1326 designee, and the chair of the Committee of 8 Disproportionally 1327 Affected Counties, or his or her designee, shall be available to 1328 consult with the board of directors and may be requested to 1329 attend meetings of the board of directors. These individuals 1330 shall not be permitted to vote on any matter before the board. 1331

Section 26. Paragraph (

a) of subsection (4) of

section 1332 288.955, Florida Statutes, is amended to read: 1333 288.955 Scripps Florida Funding Corporation.— 1334

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(4) BOARD; MEMBERSHIP.—The corporation shall be governed by 1335 a board of directors. 1336 (

a) The board of directors shall consist of nine voting 1337 members, of whom the Governor shall appoint three, the President 1338 of the Senate shall appoint three, and the Speaker of the House 1339 of Representatives shall appoint three. The Secretary of 1340 Economic Opportunity executive director of the department or the 1341 secretary’s director’s designee shall serve as an ex-officio, 1342 nonvoting member of the board of directors. 1343

Section 27. Subsection (2) of

section 288.9604, Florida 1344 Statutes, is amended to read: 1345 288.9604 Creation of the corporation.— 1346

(2) The board of directors of the corporation shall consist 1347 of seven directors. The Secretary of Economic Opportunity 1348 executive director of the department, or his or her designee, 1349 shall serve as chair of the board of directors of the 1350 corporation. The director of the Division of Bond Finance of the 1351 State Board of Administration, or his or her designee, shall 1352 serve as a director on the board of directors of the 1353 corporation. The Governor, subject to confirmation by the 1354 Senate, shall appoint the remaining five directors of the board 1355 of directors of the corporation.

The terms of office for the 1356 appointed directors are for 4 years after the date of their 1357 appointment. A vacancy occurring during a term of an appointed 1358 director shall be filled for the unexpired term. An appointed 1359 director is eligible for reappointment. At least three of the 1360 appointed directors of the corporation must have experience in 1361 finance, and one of the directors must have experience in 1362 economic development. 1363

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Section 28. Subsection (5) of

section 288.987, Florida 1364 Statutes, is amended to read: 1365 288.987 Florida Defense Support Task Force.— 1366

(5) The Secretary executive director of the Department of 1367 Economic Opportunity, or his or her designee, shall serve as the 1368 ex officio, nonvoting executive director of the task force. 1369

Section 29. Paragraph (

a) of subsection (6) of

section 1370 290.0065, Florida Statutes, is amended to read: 1371 290.0065 State designation of enterprise zones.— 1372 (6)(

a) The department may develop guidelines necessary for 1373 the approval of areas under this

section by the Secretary of 1374 Economic Opportunity executive director. 1375

Section 30. Subsection (1) of

section 311.09, Florida 1376 Statutes, is amended to read: 1377 311.09 Florida Seaport Transportation and Economic 1378 Development Council.— 1379

(1) The Florida Seaport Transportation and Economic 1380 Development Council is created within the Department of 1381 Transportation. The council consists of the following 17 1382 members: the port director, or the port director’s designee, of 1383 each of the ports of Jacksonville, Port Canaveral, Port Citrus, 1384 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, 1385 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key 1386 West, and Fernandina; the secretary of the Department of 1387 Transportation or his or her designee; and the secretary 1388 director of the Department of Economic Opportunity or his or her 1389 designee. 1390

Section 31. Paragraph (

b) of subsection (1) of

section 1391 311.105, Florida Statutes, is amended to read: 1392

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 49 of 66 CODING: Words stricken are deletions; words underlined are additions. 311.105 Florida Seaport Environmental Management Committee; 1393 permitting; mitigation.— 1394 (1) 1395 (

b) The committee shall consist of the following members: 1396 the Secretary of Environmental Protection, or his or her 1397 designee, as an ex officio, nonvoting member; a designee from 1398 the United States Army Corps of Engineers, as an ex officio, 1399 nonvoting member; a designee from the Florida Inland Navigation 1400 District, as an ex officio, nonvoting member; the Secretary 1401 executive director of the Department of Economic Opportunity, or 1402 his or her designee, as an ex officio, nonvoting member; and 1403 five or more port directors, as voting members, appointed to the 1404 committee by the council chair, who shall also designate one 1405 such member as committee chair. 1406

Section 32. Subsection (3) of

section 334.065, Florida 1407 Statutes, is amended to read: 1408 334.065 Center for Urban Transportation Research.— 1409

(3) An advisory board shall be created to periodically and 1410 objectively review and advise the center concerning its research 1411 program. Except for projects mandated by law, state-funded base 1412 projects shall not be undertaken without approval of the 1413 advisory board.

The membership of the board shall consist of 1414 nine experts in transportation-related areas, including the 1415 secretaries of the Department Florida Departments of 1416 Transportation, the Department of and Environmental Protection, 1417 and the executive director of the Department of Economic 1418 Opportunity, or their designees, and a member of the Florida 1419 Transportation Commission. The nomination of the remaining 1420 members of the board shall be made to the President of the 1421

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 51 of 66 CODING: Words stricken are deletions; words underlined are additions. committee; and a water management district, if appropriate, and 1451 regional planning council all or part of whose jurisdiction lies 1452 within the area under study. After the appointment of the 1453 members, the Governor shall select a chair and vice chair. A 1454 staff member of the state land planning agency shall be 1455 appointed by the secretary director of such agency to serve as 1456 the secretary of the committee.

The state land planning agency 1457 shall, to the greatest extent possible, provide technical 1458 assistance and administrative support to the committee. Meetings 1459 will be called as needed by the chair or on the demand of three 1460 or more members of the committee. The committee will act on a 1461 simple majority of a quorum present and shall make a report 1462 within 6 months to the head of the state land planning agency. 1463 The committee must shall, from the time of appointment, remain 1464 in existence for no less than 6 months. 1465

Section 35. Subsection (5) of

section 403.0752, Florida 1466 Statutes, is amended to read: 1467 403.0752 Ecosystem management agreements.— 1468

(5) The Secretary Executive Director of the Department of 1469 Economic Opportunity, the Secretary of Transportation, the 1470 Commissioner of Agriculture, the Executive Director of the Fish 1471 and Wildlife Conservation Commission, and the executive 1472 directors of the water management districts are authorized to 1473 participate in the development of ecosystem management 1474 agreements with regulated entities and other governmental 1475 agencies as necessary to effectuate the provisions of this 1476 section. Local governments are encouraged to participate in 1477 ecosystem management agreements. 1478

Section 36. Subsection (1) of

section 420.0005, Florida 1479

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 52 of 66 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 1480 420.0005 State Housing Trust Fund; State Housing Fund.— 1481

(1) There is established in the State Treasury a separate 1482 trust fund to be named the “State Housing Trust Fund.” There 1483 shall be deposited in the fund all moneys appropriated by the 1484 Legislature, or moneys received from any other source, for the 1485 purpose of this chapter, and all proceeds derived from the use 1486 of such moneys. The fund shall be administered by the Florida 1487 Housing Finance Corporation on behalf of the department, as 1488 specified in this chapter. Money deposited to the fund and 1489 appropriated by the Legislature must, notwithstanding the 1490 provisions of

chapter 216 or s. 420.504(3), be transferred 1491 quarterly in advance, to the extent available, or, if not so 1492 available, as soon as received into the State Housing Trust 1493 Fund, and subject to the provisions of s. 420.5092(6)(

a) and (b) 1494 by the Chief Financial Officer to the corporation upon 1495 certification by the Secretary executive director of the 1496 Department of Economic Opportunity that the corporation is in 1497 compliance with the requirements of s. 420.0006. The 1498 certification made by the secretary executive director shall 1499 also include the split of funds among programs administered by 1500 the corporation and the department as specified in

chapter 92-1501 317, Laws of Florida, as amended. Moneys advanced by the Chief 1502 Financial Officer must be deposited by the corporation into a 1503 separate fund established with a qualified public depository 1504 meeting the requirements of

chapter 280 to be named the “State 1505 Housing Fund” and used for the purposes of this chapter. 1506 Administrative and personnel costs incurred in implementing this 1507

chapter may be paid from the State Housing Fund, but such costs 1508

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 53 of 66 CODING: Words stricken are deletions; words underlined are additions. may not exceed 5 percent of the moneys deposited into such fund. 1509 To the State Housing Fund shall be credited all loan repayments, 1510 penalties, and other fees and charges accruing to such fund 1511 under this chapter. It is the intent of this

chapter that all 1512 loan repayments, penalties, and other fees and charges collected 1513 be credited in full to the program account from which the loan 1514 originated. Moneys in the State Housing Fund which are not 1515 currently needed for the purposes of this

chapter shall be 1516 invested in such manner as is provided for by statute. The 1517 interest received on any such investment shall be credited to 1518 the State Housing Fund. 1519

Section

Section 420.0006, Florida Statutes, is amended 1520 to read: 1521 420.0006 Authority to contract with corporation; contract 1522 requirements; nonperformance.—The Secretary executive director 1523 of Economic Opportunity the department shall contract, 1524 notwithstanding

part I of

chapter 287, with the Florida Housing 1525 Finance Corporation on a multiyear basis to stimulate, provide, 1526 and foster affordable housing in the state. The contract must 1527 incorporate the performance measures required by s. 420.511 and 1528 be consistent with the corporation’s strategic business plan 1529 prepared in accordance with s. 420.511.

The contract must 1530 provide that if the corporation fails to comply with a 1531 performance measure required by s. 420.511, the secretary 1532 executive director shall notify the Governor and refer the 1533 nonperformance to the department’s inspector general for review 1534 and determination as to whether such failure is due to forces 1535 beyond the corporation’s control or whether such failure is due 1536 to inadequate management of the corporation’s resources. 1537

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 54 of 66 CODING: Words stricken are deletions; words underlined are additions. Advances shall continue to be made pursuant to s. 420.0005 1538 during the pendency of the review. If such failure is due to 1539 outside forces, it may not be deemed a violation of the 1540 contract. If such failure is due to inadequate management, the 1541 department’s inspector general shall provide recommendations 1542 regarding solutions.

The Governor may resolve differences of 1543 opinion with respect to performance under the contract and may 1544 request that advances continue in the event of a failure under 1545 the contract due to inadequate management.

The Chief Financial 1546 Officer shall approve the request absent a finding by the Chief 1547 Financial Officer that continuing such advances would adversely 1548 impact the state; however, the Chief Financial Officer shall 1549 provide advances sufficient to meet the debt service 1550 requirements of the corporation and sufficient to fund contracts 1551 committing funds from the State Housing Trust Fund if such 1552 contracts are in accordance with the laws of this state. 1553

Section 38. Paragraph (

d) of subsection (1) of

section 1554 420.101, Florida Statutes, is amended to read: 1555 420.101 Housing Development Corporation of Florida; 1556 creation, membership, and purposes.— 1557

(1) Twenty-five or more persons, a majority of whom shall 1558 be residents of this state, who may desire to create a housing 1559 development corporation under the provisions of this part for 1560 the purpose of promoting and developing housing and advancing 1561 the prosperity and economic welfare of the state and, to that 1562 end, to exercise the powers and privileges hereinafter provided, 1563 may be incorporated by filing in the Department of State, as 1564 hereinafter provided, articles of incorporation. The articles of 1565 incorporation shall contain: 1566

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d) The names and post office addresses of the members of 1567 the first board of directors. The first board of directors shall 1568 be elected by and from the stockholders of the corporation and 1569 shall consist of 21 members.

However, five of such members shall 1570 consist of the following persons, who shall be nonvoting 1571 members: the Secretary executive director of the Department of 1572 Economic Opportunity or her or his designee; the head of the 1573 Department of Financial Services or her or his designee with 1574 expertise in banking matters; a designee of the head of the 1575 Department of Financial Services with expertise in insurance 1576 matters; one state senator appointed by the President of the 1577 Senate; and one representative appointed by the Speaker of the 1578 House of Representatives. 1579

Section 39. Subsection (8) of

section 420.503, Florida 1580 Statutes, is amended to read: 1581 420.503

Definitions.—As used in this part, the term: 1582 (8) “Contract” means the contract between the Secretary 1583 executive director of Economic Opportunity the department and 1584 the corporation for provision of housing services referenced in 1585 s. 420.0006. 1586

Section 40. Subsections (1) and (3) of

section 420.504, 1587 Florida Statutes, are amended to read: 1588 420.504 Public corporation; creation, membership, terms, 1589 expenses.— 1590

(1) A public corporation and a public body corporate and 1591 politic, to be known as the “Florida Housing Finance 1592 Corporation,” is created within the Department of Economic 1593 Opportunity. It is declared to be the intent of and 1594 constitutional construction by the Legislature that the Florida 1595

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Housing Finance Corporation constitutes an entrepreneurial 1596 public corporation organized to provide and promote the public 1597 welfare by administering the governmental function of financing 1598 or refinancing housing and related facilities in this state and 1599 that the corporation is not a department of the executive branch 1600 of state government within the scope and meaning of s. 6, Art. 1601 IV of the State Constitution, but is functionally related to the 1602 Department of Economic Opportunity in which it is placed.

The 1603 executive function of state government to be performed by the 1604 Secretary executive director of the Department of Economic 1605 Opportunity in the conduct of the business of the Florida 1606 Housing Finance Corporation must be performed pursuant to a 1607 contract to monitor and set performance standards for the 1608 implementation of the business plan for the provision of housing 1609 approved for the corporation as provided in s. 420.0006.

This 1610 contract must include performance standards for the provision of 1611 affordable housing in this state established in the strategic 1612 business plan described in s. 420.511. 1613

(3) The corporation is a separate budget entity and is not 1614 subject to control, supervision, or direction by the Department 1615 of Economic Opportunity in any manner, including, but not 1616 limited to, personnel, purchasing, transactions involving real 1617 or personal property, and budgetary matters. The corporation 1618 shall consist of a board of directors composed of the Secretary 1619 executive director of the Department of Economic Opportunity as 1620 an ex officio and voting member, or a senior-level agency 1621 employee designated by the secretary director, and eight members 1622 appointed by the Governor subject to confirmation by the Senate 1623 from the following: 1624

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a) One citizen actively engaged in the residential home 1625 building industry. 1626 (

b) One citizen actively engaged in the banking or mortgage 1627 banking industry. 1628 (

c) One citizen who is a representative of those areas of 1629 labor engaged in home building. 1630 (

d) One citizen with experience in housing development who 1631 is an advocate for low-income persons. 1632 (

e) One citizen actively engaged in the commercial building 1633 industry. 1634 (

f) One citizen who is a former local government elected 1635 official. 1636 (

g) Two citizens of the state who are not principally 1637 employed as members or representatives of any of the groups 1638 specified in paragraphs (a)-(f). 1639

Section 41. Subsection (1) of

section 420.506, Florida 1640 Statutes, is amended to read: 1641 420.506 Executive director; agents and employees; inspector 1642 general.— 1643

(1) The appointment and removal of an executive director 1644 shall be by the Secretary executive director of the Department 1645 of Economic Opportunity, with the advice and consent of the 1646 corporation’s board of directors. The executive director shall 1647 employ legal and technical experts and such other agents and 1648 employees, permanent and temporary, as the corporation may 1649 require, and shall communicate with and provide information to 1650 the Legislature with respect to the corporation’s activities. 1651 Notwithstanding s. 216.262, the board may develop and implement 1652 rules regarding the employment of employees of the corporation 1653

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 58 of 66 CODING: Words stricken are deletions; words underlined are additions. and service providers, including legal counsel. The board is 1654 entitled to establish travel procedures and guidelines for 1655 employees of the corporation, subject to s. 112.061(6) and (7). 1656 The executive director’s office and the corporation’s files and 1657 records must be located in Leon County. 1658

Section 42. Subsection (30) of

section 420.507, Florida 1659 Statutes, is amended to read: 1660 420.507 Powers of the corporation.—The corporation shall 1661 have all the powers necessary or convenient to carry out and 1662 effectuate the purposes and provisions of this part, including 1663 the following powers which are in addition to all other powers 1664 granted by other provisions of this part: 1665

(30) To prepare and submit to the Secretary executive 1666 director of Economic Opportunity the department a budget request 1667 for purposes of the corporation, which request shall, 1668 notwithstanding the provisions of

chapter 216 and in accordance 1669 with s. 216.351, contain a request for operational expenditures 1670 and separate requests for other authorized corporation programs. 1671 The request need not contain information on the number of 1672 employees, salaries, or any classification thereof, and the 1673 approved operating budget therefor need not comply with s. 1674 216.181(8)-(10). The secretary executive director may include 1675 within the department’s budget request the corporation’s budget 1676 request in the form as authorized by this section. 1677

Section 43. Subsection (2) of

section 420.511, Florida 1678 Statutes, is amended to read: 1679 420.511 Strategic business plan; long-range program plan; 1680 annual report; audited financial statements.— 1681

(2) The corporation, in coordination with the department, 1682

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 59 of 66 CODING: Words stricken are deletions; words underlined are additions. shall annually develop a long-range program plan for the 1683 provision of affordable housing in this state as required 1684 pursuant to

chapter 186. In part, the plan must include 1685 provisions that maximize the abilities of the corporation to 1686 implement the state housing strategy established under s. 1687 420.0003, to respond to federal housing initiatives, and to 1688 develop programs in a manner that is more responsive to the 1689 needs of public and private partners. The plan shall be 1690 developed on a

schedule consistent with that established by s. 1691 186.021. For purposes of this section, the Secretary of Economic 1692 Opportunity executive director or his or her designee shall 1693 serve as the corporation’s representative to achieve a 1694 coordinated and integrated planning relationship with the 1695 department. 1696

Section 44. Subsection (7) of

section 420.602, Florida 1697 Statutes, is amended to read: 1698 420.602

Definitions.—As used in this part, the following 1699 terms shall have the following meanings, unless the context 1700 otherwise requires: 1701 (7) “Director” means the executive director of the 1702 Department of Economic Opportunity. 1703

Section 45. Subsection (5) of

section 420.609, Florida 1704 Statutes, is amended to read: 1705 420.609 Affordable Housing Study Commission.—Because the 1706 Legislature firmly supports affordable housing in Florida for 1707 all economic classes: 1708

(5) The commission shall review, evaluate, and make 1709 recommendations regarding existing and proposed housing programs 1710 and initiatives. The commission shall provide these and any 1711

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 60 of 66 CODING: Words stricken are deletions; words underlined are additions. other housing recommendations to the Secretary director of 1712 Economic Opportunity the department and the executive director 1713 of the corporation. 1714

Section 46. Subsection (2) of

section 420.622, Florida 1715 Statutes, is amended to read: 1716 420.622 State Office on Homelessness; Council on 1717 Homelessness.— 1718

(2) The Council on Homelessness is created to consist of 19 1719 representatives of public and private agencies who shall develop 1720 policy and advise the State Office on Homelessness.

The council 1721 members shall be: the Secretary of Children and Families, or his 1722 or her designee; the Secretary executive director of the 1723 Department of Economic Opportunity, or his or her designee, who 1724 shall advise the council on issues related to rural development; 1725 the State Surgeon General, or his or her designee; the Executive 1726 Director of Veterans’ Affairs, or his or her designee; the 1727 Secretary of Corrections, or his or her designee; the Secretary 1728 of Health Care Administration, or his or her designee; the 1729 Commissioner of Education, or his or her designee; the Executive 1730 Director of CareerSource Florida, Inc., or his or her designee; 1731 one representative of the Florida Association of Counties; one 1732 representative of the Florida League of Cities; one 1733 representative of the Florida Supportive Housing Coalition; one 1734 representative of the Florida Housing Coalition; the Executive 1735 Director of the Florida Housing Finance Corporation, or his or 1736 her designee; one representative of the Florida Coalition for 1737 the Homeless; the secretary of the Department of Elder Affairs, 1738 or his or her designee; and four members appointed by the 1739 Governor.

The council members shall be nonpaid volunteers and 1740

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 61 of 66 CODING: Words stricken are deletions; words underlined are additions. shall be reimbursed only for travel expenses. The appointed 1741 members of the council shall be appointed to staggered 2-year 1742 terms and are encouraged to have experience in the 1743 administration or provision of resources, services, or housing 1744 that addresses the needs of persons experiencing homelessness. 1745 The council shall meet at least four times per year. The 1746 importance of minority, gender, and geographic representation 1747 shall be considered in appointing members to the council. 1748

Section 47. Paragraph (

g) of subsection (1) of

section 1749 427.012, Florida Statutes, is amended to read: 1750 427.012 The Commission for the Transportation 1751 Disadvantaged.—There is created the Commission for the 1752 Transportation Disadvantaged in the Department of 1753 Transportation. 1754

(1) The commission shall consist of seven members, all of 1755 whom shall be appointed by the Governor, in accordance with the 1756 requirements of s. 20.052. 1757 (

g) The Secretary of Transportation, the Secretary of 1758 Children and Families, the Secretary executive director of the 1759 Department of Economic Opportunity, the executive director of 1760 the Department of Veterans’ Affairs, the Secretary of Elderly 1761 Affairs, the Secretary of Health Care Administration, the 1762 director of the Agency for Persons with Disabilities, and a 1763 county manager or administrator who is appointed by the 1764 Governor, or a senior management level representative of each, 1765 shall serve as ex officio, nonvoting advisors to the commission. 1766

Section 48. Subsections (2), (3), and (4) of

section 1767 443.1116, Florida Statutes, are amended to read: 1768 443.1116 Short-time compensation.— 1769

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(2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer 1770 wishing to participate in the short-time compensation program 1771 must submit a signed, written, short-time plan to the Department 1772 of Economic Opportunity for approval. The Secretary of Economic 1773 Opportunity director or his or her designee shall approve the 1774 plan if: 1775 (

a) The plan applies to and identifies each specific 1776 affected unit; 1777 (

b) The individuals in the affected unit are identified by 1778 name and social security number; 1779 (

c) The normal weekly hours of work for individuals in the 1780 affected unit are reduced by at least 10 percent and by not more 1781 than 40 percent; 1782 (

d) The plan includes a certified statement by the employer 1783 that the aggregate reduction in work hours is in lieu of layoffs 1784 that would affect at least 10 percent of the employees in the 1785 affected unit and that would have resulted in an equivalent 1786 reduction in work hours; 1787 (

e) The plan applies to at least 10 percent of the 1788 employees in the affected unit; 1789 (

f) The plan is approved in writing by the collective 1790 bargaining agent for each collective bargaining agreement 1791 covering any individual in the affected unit; 1792 (

g) The plan does not serve as a subsidy to seasonal 1793 employers during the off-season or as a subsidy to employers who 1794 traditionally use part-time employees; 1795 (

h) The plan certifies that, if the employer provides 1796 fringe benefits to any employee whose workweek is reduced under 1797 the program, the fringe benefits will continue to be provided to 1798

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 63 of 66 CODING: Words stricken are deletions; words underlined are additions. the employee participating in the short-time compensation 1799 program under the same terms and conditions as though the 1800 workweek of such employee had not been reduced or to the same 1801 extent as other employees not participating in the short-time 1802 compensation program.

As used in this paragraph, the term 1803 “fringe benefits” includes, but is not limited to, health 1804 insurance, retirement benefits under defined benefit pension 1805 plans as defined in subsection 35 of s. 1002 of the Employee 1806 Retirement Income Security Act of 1974, 29 U.S.C., contributions 1807 under a defined contribution plan as defined in s. 414(

i) of the 1808 Internal Revenue Code, paid vacation and holidays, and sick 1809 leave; 1810 (

i) The plan describes the manner in which the requirements 1811 of this subsection will be implemented, including a plan for 1812 giving notice, if feasible, to an employee whose workweek is to 1813 be reduced, together with an estimate of the number of layoffs 1814 that would have occurred absent the ability to participate in 1815 short-time compensation; and 1816 (

j) The terms of the employer’s written plan and 1817 implementation are consistent with employer obligations under 1818 applicable federal laws and laws of this state. 1819

(3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of 1820 Economic Opportunity director or his or her designee shall 1821 approve or disapprove a short-time compensation plan in writing 1822 within 15 days after its receipt. If the plan is denied, the 1823 secretary director or his or her designee shall notify the 1824 employer of the reasons for disapproval. 1825

(4) BEGINNING AND TERMINATION OF SHORT-TIME COMPENSATION 1826 BENEFIT PERIOD.—A plan takes effect on the date of its approval 1827

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 64 of 66 CODING: Words stricken are deletions; words underlined are additions. by the Secretary of Economic Opportunity director or his or her 1828 designee and expires at the end of the 12th full calendar month 1829 after its effective date. 1830

Section 49. Paragraph (

d) of subsection (2) of

section 1831 446.53, Florida Statutes, is amended to read: 1832 446.53 Concrete masonry education.— 1833 (2) 1834 (

d) In addition to the 13 voting members described in 1835 paragraph (a), the Secretary executive director of the 1836 Department of Economic Opportunity, or his or her designee, 1837 shall serve ex officio as a nonvoting member of the board of 1838 directors of the council. 1839

Section

Section 450.261, Florida Statutes, is amended 1840 to read: 1841 450.261 Interstate Migrant Labor Commission; Florida 1842 membership.—In selecting the Florida membership of the 1843 Interstate Migrant Labor Commission, the Governor may designate 1844 the Secretary executive director of the Department of Economic 1845 Opportunity as his or her representative. 1846

Section 51. Paragraph (

d) of subsection (1), paragraph (a) 1847 of subsection (4), and paragraphs (b), (c), and (

d) of 1848 subsection (5) of

section 624.5105, Florida Statutes, are 1849 amended to read: 1850 624.5105 Community contribution tax credit; authorization; 1851 limitations; eligibility and application requirements; 1852 administration;

definitions; expiration.— 1853

(1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.— 1854 (

d) Each proposal for the granting of such tax credit 1855 requires the prior approval of the Secretary of Economic 1856

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 65 of 66 CODING: Words stricken are deletions; words underlined are additions. Opportunity director. 1857

(4) ADMINISTRATION.— 1858 (a)1. The Department of Economic Opportunity may adopt 1859 rules to administer this section, including rules for the 1860 approval or disapproval of proposals by insurers. 1861 2. The decision of the Secretary of Economic Opportunity 1862 director shall be in writing, and, if approved, the proposal 1863 shall state the maximum credit allowable to the insurer. A copy 1864 of the decision shall be transmitted to the executive director 1865 of the Department of Revenue, who shall apply such credit to the 1866 tax liability of the insurer. 1867 3.

The Department of Economic Opportunity shall monitor all 1868 projects periodically, in a manner consistent with available 1869 resources to ensure that resources are utilized in accordance 1870 with this section; however, each project shall be reviewed no 1871 less frequently than once every 2 years. 1872 4. The Department of Economic Opportunity shall, in 1873 consultation with the Florida Housing Finance Corporation and 1874 the statewide and regional housing and financial intermediaries, 1875 market the availability of the community contribution tax credit 1876 program to community-based organizations. 1877

(5) DEFINITIONS.—As used in this section, the term: 1878 (b) “Director” means the director of the Department of 1879 Economic Opportunity. 1880 (b)(c) “Local government” means any county or incorporated 1881 municipality in the state. 1882 (c)(d) “Project” means an activity as defined in s. 1883 220.03(1)(t). 1884

Section 52. Paragraph (

f) of subsection (2) of

section 1885

Florida Senate - 2021 SB 1948 4-01074D-21 20211948__ Page 66 of 66 CODING: Words stricken are deletions; words underlined are additions. 1004.015, Florida Statutes, is amended to read: 1886 1004.015 Florida Talent Development Council.— 1887

(2) Members of the council shall include: 1888 (

f) The Secretary executive director of the Department of 1889 Economic Opportunity. 1890

Section 53. This act shall take effect upon becoming a law. 1891