Florida Senate - 2023 SB 1664 By Senator Hooper 21-01750B-23 20231664__ Page 1 of 24 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to economic development; amending s. 2 20.60, F.S.; requiring the Secretary of Economic 3 Opportunity to appoint deputy secretaries and 4 directors for specified divisions of the Department of 5 Economic Opportunity; amending s. 163.3175, F.S.; 6 revising the list of local governments affected by 7 Naval Support Activity Orlando; conforming a provision 8 to changes made by the act; amending s. 201.25, F.S.; 9 exempting loans made with funds administered by the 10 Department of Economic Opportunity from certain taxes; 11 amending s. 288.018, F.S.; revising requirements 12 relating to the Florida Rural Development Grants 13 Program; amending s. 288.065, F.S.; removing a 14 requirement that certain repayments under the Rural 15 Community Development Revolving Loan Fund be matched; 16 amending s. 288.0655, F.S.; revising grant 17 requirements and authorizations relating to the Rural 18 Infrastructure Fund; revising limits on grant awards; 19 amending s. 288.075, F.S.; revising the definition of 20 the term “economic development agency”; amending s. 21 288.8017, F.S.; conforming provisions to changes made 22 by the act; amending s. 288.9604, F.S.; deleting a 23 future repeal of the Florida Development Finance 24 Corporation; amending ss. 288.980 and 288.985, F.S.; 25 conforming provisions to changes made by the act; 26 amending s. 288.987, F.S.; renaming the Florida 27 Defense Support Task Force as the Florida Defense 28 Support Council; amending s. 331.3081, F.S.; revising 29

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 2 of 24 CODING: Words stricken are deletions; words underlined are additions. the composition of Space Florida’s board of directors; 30 providing requirements for appointments to and 31 vacancies on the board; amending s. 446.71, F.S.; 32 revising requirements relating to the Everglades 33 Restoration Agricultural Community Employment Training 34 Program; defining terms; authorizing, rather than 35 requiring, the department to adopt rules; amending s. 36 695.03, F.S.; requiring the Secretary of Economic 37 Opportunity, rather than the Governor, to appoint 38 certain commissioners of deeds; reenacting s. 39 288.106(2)(c), F.S., relating to the tax refund 40 program for qualified target industry businesses, to 41 incorporate the amendment made to s. 288.075, F.S., in 42 a reference thereto; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46

Section 1. Paragraph (

b) of subsection (3) of

section 47 20.60, Florida Statutes, is amended to read: 48 20.60 Department of Economic Opportunity; creation; powers 49 and duties.— 50 (3) 51 (

b) The secretary: 52 1. May create offices within the Office of the Secretary 53 and within the divisions established in paragraph (

a) to promote 54 efficient and effective operation of the department. 55 2. Shall appoint deputy secretaries for the Division of 56 Strategic Business Development, the Division of Community 57 Development, and the Division of Workforce Services and 58

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 3 of 24 CODING: Words stricken are deletions; words underlined are additions. directors for the Division of Finance and Administration and the 59 Division of Information Technology a director for each division, 60 who shall directly administer his or her division and be 61 responsible to the secretary. 62

Section 2. Paragraph (

i) of subsection (2) and subsection 63 (3) of

section 163.3175, Florida Statutes, are amended to read: 64 163.3175 Legislative findings on compatibility of 65 development with military installations; exchange of information 66 between local governments and military installations.— 67

(2) Certain major military installations, due to their 68 mission and activities, have a greater potential for 69 experiencing compatibility and coordination issues than others. 70 Consequently, this

section and the provisions in s. 71 163.3177(6)(a), relating to compatibility of land development 72 with military installations, apply to specific affected local 73 governments in proximity to and in association with specific 74 military installations, as follows: 75 (

i) Naval Support Activity Orlando, including Bugg Spring 76 and Naval Ordnance Test Unit, associated with Lake, Marion, 77 Orange, and Sumter Counties and Groveland, Howey-in-the-Hills, 78 Leesburg, County and Orlando, and Wildwood. 79

(3) The Florida Defense Support Council Task Force may 80 recommend to the Legislature changes to the military 81 installations and local governments specified in subsection (2) 82 based on a military base’s potential for impacts from 83 encroachment, and incompatible land uses and development. 84

Section 3. Subsection (4) is added to

section 201.25, 85 Florida Statutes, to read: 86 201.25 Tax exemptions for certain loans.—There shall be 87

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 4 of 24 CODING: Words stricken are deletions; words underlined are additions. exempt from all taxes imposed by this chapter: 88

(4) Any loan made with funds administered by the Department 89 of Economic Opportunity. 90

Section 4. Paragraphs (b), (c), and (

d) of subsection (1) 91 and paragraphs (

b) and (

c) of subsection (2) of

section 288.018, 92 Florida Statutes, are amended to read: 93 288.018 Regional Rural Development Grants Program.— 94 (1) 95 (

b) The department shall establish a matching grant program 96 to provide funding to regional economic development 97 organizations for the purpose of building the professional 98 capacity of those organizations. Building the professional 99 capacity of a regional economic development organization 100 includes hiring professional staff to develop, deliver, and 101 provide needed economic development professional services, 102 including technical assistance, education and leadership 103 development, marketing, and project recruitment.

Matching Grants 104 may also be used by a regional economic development organization 105 to provide technical assistance to local governments, local 106 economic development organizations, and existing and prospective 107 businesses. 108 (

c) A regional economic development organization may apply 109 annually to the department for a matching grant. The department 110 is authorized to approve, on an annual basis, grants to such 111 regional economic development organizations. The maximum amount 112 an organization may receive in any year will be $50,000, or 113 $250,000 for any three regional economic development 114 organizations that serve an entire region of a rural area of 115 opportunity designated pursuant to s. 288.0656(7) if they are 116

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 5 of 24 CODING: Words stricken are deletions; words underlined are additions. recognized by the department as serving such a region. 117 (

d) Grant funds received by a regional economic development 118 organization must be matched each year by nonstate resources in 119 an amount equal to 25 percent of the state contribution. 120

(2) In approving the participants, the department shall 121 consider the demonstrated need of the applicant for assistance 122 and require the following: 123 (

b) Demonstration that each unit of local government has 124 made a financial or in-kind commitment to the regional 125 organization. 126 (

c) Demonstration that the private sector has made 127 financial or in-kind commitments to the regional organization. 128

Section 5. Paragraph (

c) of subsection (2) of

section 129 288.065, Florida Statutes, is amended to read: 130 288.065 Rural Community Development Revolving Loan Fund.— 131 (2) 132 (

c) All repayments of principal and interest shall be 133 returned to the loan fund and made available for loans to other 134 applicants. However, in a rural area of opportunity designated 135 by the Governor, and upon approval by the department, repayments 136 of principal and interest may be retained by the applicant if 137 such repayments are dedicated and matched to fund regionally 138 based economic development organizations representing the rural 139 area of opportunity. 140

Section 6. Subsection (1), paragraphs (b), (c), and (

e) of 141 subsection (2), and subsection (3) of

section 288.0655, Florida 142 Statutes, are amended to read: 143 288.0655 Rural Infrastructure Fund.— 144

(1) There is created within the department the Rural 145

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 6 of 24 CODING: Words stricken are deletions; words underlined are additions. Infrastructure Fund to facilitate the planning, preparing, and 146 financing of infrastructure projects in rural communities which 147 will encourage job creation, capital investment, and the 148 strengthening and diversification of rural economies by 149 promoting tourism, trade, and economic development. 150 (2) 151 (

b) To facilitate access of rural communities and rural 152 areas of opportunity as defined by the Rural Economic 153 Development Initiative to infrastructure funding programs of the 154 Federal Government, such as those offered by the United States 155 Department of Agriculture and the United States Department of 156 Commerce, and state programs, including those offered by Rural 157 Economic Development Initiative agencies, and to facilitate 158 local government or private infrastructure funding efforts, the 159 department may award grants for up to 75 50 percent of the total 160 infrastructure project cost or up to 100 percent of the total 161 infrastructure project cost for a project located in a rural 162 community or a rural area of opportunity as those terms are 163 defined in s. 288.0656(2) which is also located in a fiscally 164 constrained county as described in s. 218.67(1).

Eligible 165 projects must be related to specific job-creation or job-166 retention opportunities. Eligible uses of funds projects may 167 also include improving any inadequate infrastructure that has 168 resulted in regulatory action that prohibits economic or 169 community growth, reducing the costs to community users of 170 proposed infrastructure improvements that exceed such costs in 171 comparable communities, and improving access to and the 172 availability of broadband Internet service. Eligible uses of 173 funds shall include improvements to public infrastructure for 174

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 7 of 24 CODING: Words stricken are deletions; words underlined are additions. industrial or commercial sites, upgrades to or development of 175 public tourism infrastructure, and improvements to broadband 176 Internet service and access in unserved or underserved rural 177 communities.

Improvements to broadband Internet service and 178 access must be conducted through a partnership or partnerships 179 with one or more dealers, as defined in s. 202.11(2), and the 180 partnership or partnerships must be established through a 181 competitive selection process that is publicly noticed. 182 Authorized infrastructure may include the following public or 183 public-private partnership facilities: storm water systems; 184 telecommunications facilities; broadband facilities; roads or 185 other remedies to transportation impediments; nature-based 186 tourism facilities; or other physical requirements necessary to 187 facilitate tourism, trade, and economic development activities 188 in the community.

Authorized infrastructure may also include 189 publicly or privately owned self-powered nature-based tourism 190 facilities, publicly owned telecommunications facilities, and 191 broadband facilities, and additions to the distribution 192 facilities of the existing natural gas utility as defined in s. 193 366.04(3)(c), the existing electric utility as defined in s. 194 366.02, or the existing water or wastewater utility as defined 195 in s. 367.021(12), or any other existing water or wastewater 196 facility, which owns a gas or electric distribution system or a 197 water or wastewater system in this state where: 198 1.

A contribution-in-aid of construction is required to 199 serve public or public-private partnership facilities under the 200 tariffs of any natural gas, electric, water, or wastewater 201 utility as defined herein; and 202 2. Such utilities as defined herein are willing and able to 203

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 8 of 24 CODING: Words stricken are deletions; words underlined are additions. provide such service. 204 (

c) To facilitate timely response and induce the location 205 or expansion of specific job creating opportunities, The 206 department may award grants of up to $300,000 for infrastructure 207 feasibility studies, design and engineering activities, or other 208 infrastructure planning and preparation activities. Authorized 209 grants shall be up to $50,000 for an employment project with a 210 business committed to create at least 100 jobs; up to $150,000 211 for an employment project with a business committed to create at 212 least 300 jobs; and up to $300,000 for a project in a rural area 213 of opportunity.

Grants awarded under this paragraph may be used 214 in conjunction with grants awarded under paragraph (b), provided 215 that the total amount of both grants does not exceed 30 percent 216 of the total project cost. In evaluating applications under this 217 paragraph, the department shall consider the extent to which the 218 application seeks to minimize administrative and consultant 219 expenses. 220 (

e) To enable local governments to access the resources 221 available pursuant to s. 403.973(18), the department may award 222 grants for surveys, feasibility studies, and other activities 223 related to the identification and preclearance review of land 224 which is suitable for preclearance review. Authorized grants 225 under this paragraph do not require a local match and may not 226 exceed $75,000 each, except in the case of a project in a rural 227 area of opportunity, in which case the grant may not exceed 228 $300,000.

Any funds awarded under this paragraph must be matched 229 at a level of 50 percent with local funds, except that any funds 230 awarded for a project in a rural area of opportunity must be 231 matched at a level of 33 percent with local funds. If an 232

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 9 of 24 CODING: Words stricken are deletions; words underlined are additions. application for funding is for a catalyst site, as defined in s. 233 288.0656, the requirement for local match may be waived pursuant 234 to the process in s. 288.06561. In evaluating applications under 235 this paragraph, the department shall consider the extent to 236 which the application seeks to minimize administrative and 237 consultant expenses. 238

(3) The department, in consultation with Enterprise 239 Florida, Inc., the Florida Tourism Industry Marketing 240 Corporation, the Department of Environmental Protection, and the 241 Florida Fish and Wildlife Conservation Commission, as 242 appropriate, shall review and certify applications pursuant to 243 s. 288.061. The review shall include an evaluation of the 244 economic benefit of the projects and their long-term viability. 245 The department shall have final approval for any grant under 246 this section. 247

Section 7. Paragraph (

a) of subsection (1) of

section 248 288.075, Florida Statutes, is amended to read: 249 288.075 Confidentiality of records.— 250

(1) DEFINITIONS.—As used in this section, the term: 251 (a) “Economic development agency” means: 252 1. The Department of Economic Opportunity; 253 2. Any industrial development authority created in 254 accordance with

part III of

chapter 159 or by special law; 255 3. Space Florida created in

part II of

chapter 331; 256 4. The public economic development agency of a county or 257 municipality or, if the county or municipality does not have a 258 public economic development agency, the county or municipal 259 officers or employees assigned the duty to promote the general 260 business interests or industrial interests of that county or 261

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 10 of 24 CODING: Words stricken are deletions; words underlined are additions. municipality or the responsibilities related thereto; 262 5. Any research and development authority created in 263 accordance with

part V of

chapter 159; or 264 6. Any private agency, person, partnership, corporation, or 265 business entity when authorized by the state, a municipality, or 266 a county to promote the general business interests or industrial 267 interests of the state or that municipality or county. 268

Section 8. Subsection (1) of

section 288.8017, Florida 269 Statutes, is amended to read: 270 288.8017 Awards.— 271

(1) Triumph Gulf Coast, Inc., shall make awards from 272 available funds to projects or programs that meet the priorities 273 for economic recovery, diversification, and enhancement of the 274 disproportionately affected counties. Awards may be provided 275 for: 276 (

a) Ad valorem tax rate reduction within disproportionately 277 affected counties; 278 (

b) Local match requirements of s. 288.0655 for projects in 279 the disproportionately affected counties; 280 (

c) Public infrastructure projects for construction, 281 expansion, or maintenance which are shown to enhance economic 282 recovery, diversification, and enhancement of the 283 disproportionately affected counties; 284 (

d) Grants to local governments in the disproportionately 285 affected counties to establish and maintain equipment and 286 trained personnel for local action plans of response to respond 287 to disasters, such as plans created for the Coastal Impacts 288 Assistance Program; 289 (

e) Grants to support programs that prepare students for 290

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 11 of 24 CODING: Words stricken are deletions; words underlined are additions. future occupations and careers at K-20 institutions that have 291 campuses in the disproportionately affected counties.

Eligible 292 programs include those that increase students’ technology skills 293 and knowledge; encourage industry certifications; provide 294 rigorous, alternative pathways for students to meet high school 295 graduation requirements; strengthen career readiness 296 initiatives; fund high-demand programs of emphasis at the 297 bachelor’s and master’s level designated by the Board of 298 Governors; and, similar to or the same as talent retention 299 programs created by the Chancellor of the State University 300 System and the Commission of Education, encourage students with 301 interest or aptitude for science, technology, engineering, 302 mathematics, and medical disciplines to pursue postsecondary 303 education at a state university or a Florida College System 304 institution within the disproportionately affected counties; 305 (

f) Grants to support programs that provide participants in 306 the disproportionately affected counties with transferable, 307 sustainable workforce skills that are not confined to a single 308 employer; and 309 (

g) Grants to the tourism entity created under s. 288.1226 310 for the purpose of advertising and promoting tourism and Fresh 311 From Florida, and grants to promote workforce and 312 infrastructure, on behalf of all of the disproportionately 313 affected counties. 314

Section 9. Subsection (5) of

section 288.9604, Florida 315 Statutes, is amended to read: 316 288.9604 Creation of the corporation.— 317

(5) This

section is repealed July 1, 2023, and July 1 of 318 every fourth year thereafter, unless reviewed and saved from 319

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 12 of 24 CODING: Words stricken are deletions; words underlined are additions. repeal by the Legislature. 320

Section 10. Paragraph (

b) of subsection (2) of

section 321 288.980, Florida Statutes, is amended to read: 322 288.980 Military base retention; legislative intent; grants 323 program.— 324 (2) 325 (b)1. The department shall annually request military 326 installations in the state to provide the department with a list 327 of base buffering encroachment lands for fee simple or less-328 than-fee simple acquisitions before October 1. 329 2. The department shall submit the list of base buffering 330 encroachment lands to the Florida Defense Support Council Task 331 Force created in s. 288.987. 332 3.

The Florida Defense Support Council Task Force shall, 333 annually by December 1, review the list of base buffering 334 encroachment lands submitted by the military installations and 335 provide its recommendations for ranking the lands for 336 acquisition to the department. 337 4. The department shall annually submit the list of base 338 buffering encroachment lands provided by the Florida Defense 339 Support Council Task Force to the Board of Trustees of the 340 Internal Improvement Trust Fund, which may acquire the lands 341 pursuant to s. 253.025.

At a minimum, the annual list must 342 contain for each recommended land acquisition: 343 a. A legal description of the land and its property 344 identification number; 345 b. A detailed map of the land; and 346 c. A management and monitoring agreement to ensure the land 347 serves a base buffering purpose. 348

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Section 11. Subsection (1) and paragraph (

a) of subsection 349 (2) of

section 288.985, Florida Statutes, are amended to read: 350 288.985 Exemptions from public records and public meetings 351 requirements.— 352

(1) The following records held by the Florida Defense 353 Support Council Task Force are exempt from s. 119.07(1) and s. 354 24(a), Art. I of the State Constitution: 355 (

a) That portion of a record which relates to strengths and 356 weaknesses of military installations or military missions in 357 this state relative to the selection criteria for the 358 realignment and closure of military bases and missions under any 359 United States Department of Defense base realignment and closure 360 process. 361 (

b) That portion of a record which relates to strengths and 362 weaknesses of military installations or military missions in 363 other states or territories and the vulnerability of such 364 installations or missions to base realignment or closure under 365 the United States Department of Defense base realignment and 366 closure process, and any agreements or proposals to relocate or 367 realign military units and missions from other states or 368 territories. 369 (

c) That portion of a record which relates to the state’s 370 strategy to retain its military bases during any United States 371 Department of Defense base realignment and closure process and 372 any agreements or proposals to relocate or realign military 373 units and missions. 374 (2)(

a) Meetings or portions of meetings of the Florida 375 Defense Support Council Task Force, or a workgroup of the 376 council task force, at which records are presented or discussed 377

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 14 of 24 CODING: Words stricken are deletions; words underlined are additions. that are exempt under subsection (1) are exempt from s. 286.011 378 and s. 24(b), Art. I of the State Constitution. 379

Section

Section 288.987, Florida Statutes, is amended 380 to read: 381 288.987 Florida Defense Support Council Task Force.— 382

(1) The Florida Defense Support Council Task Force is 383 created. 384

(2) The mission of the council task force is to make 385 recommendations to preserve and protect military installations 386 to support the state’s position in research and development 387 related to or arising out of military missions and contracting, 388 and to improve the state’s military-friendly environment for 389 servicemembers, military dependents, military retirees, and 390 businesses that bring military and base-related jobs to the 391 state. 392

(3) The council task force shall be comprised of the 393 Governor or his or her designee, and 12 members appointed as 394 follows: 395 (

a) Four members appointed by the Governor. 396 (

b) Four members appointed by the President of the Senate. 397 (

c) Four members appointed by the Speaker of the House of 398 Representatives. 399 (

d) Appointed members must represent defense-related 400 industries or communities that host military bases and 401 installations. All appointments must be made by August 1, 2011. 402 Members shall serve for a term of 4 years, with the first term 403 ending July 1, 2015. However, if members of the Legislature are 404 appointed to the council task force, those members shall serve 405 until the expiration of their legislative term and may be 406

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 15 of 24 CODING: Words stricken are deletions; words underlined are additions. reappointed once. A vacancy shall be filled for the remainder of 407 the unexpired term in the same manner as the initial 408 appointment. All members of the council are eligible for 409 reappointment. A member who serves in the Legislature may 410 participate in all council task force activities but may only 411 vote on matters that are advisory. 412

(4) The President of the Senate and the Speaker of the 413 House of Representatives shall each designate one of their 414 appointees to serve as chair of the council task force. The 415 chair shall rotate each July 1. The appointee designated by the 416 President of the Senate shall serve as initial chair. If the 417 Governor, instead of his or her designee, participates in the 418 activities of the council task force, then the Governor shall 419 serve as chair. 420

(5) The Secretary of Economic Opportunity, or his or her 421 designee, shall serve as the ex officio, nonvoting executive 422 director of the council task force. 423

(6) The council task force shall submit an annual progress 424 report and work plan to the Governor, the President of the 425 Senate, and the Speaker of the House of Representatives each 426 February 1. 427

(7) The department shall contract with the council task 428 force for expenditure of appropriated funds, which may be used 429 by the council task force for economic and product research and 430 development, joint planning with host communities to accommodate 431 military missions and prevent base encroachment, advocacy on the 432 state’s behalf with federal civilian and military officials, 433 assistance to school districts in providing a smooth transition 434 for large numbers of additional military-related students, job 435

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 16 of 24 CODING: Words stricken are deletions; words underlined are additions. training and placement for military spouses in communities with 436 high proportions of active duty military personnel, and 437 promotion of the state to military and related contractors and 438 employers. The council task force may annually spend up to 439 $250,000 of funds appropriated to the department for the council 440 task force for staffing and administrative expenses of the 441 council task force, including travel and per diem costs incurred 442 by council task force members who are not otherwise eligible for 443 state reimbursement. 444

Section

Section 331.3081, Florida Statutes, is amended 445 to read: 446 331.3081 Board of directors.— 447

(1) Space Florida shall be governed by a 14-member 13-448 member independent board of directors that consists of the 449 members appointed to the board of directors of Enterprise 450 Florida, Inc., by the Governor, the President of the Senate, and 451 the Speaker of the House of Representatives pursuant to s. 452 288.901(5)(a)8. and the Governor, who shall serve ex officio, or 453 who may appoint a designee to serve, as the chair and a voting 454 member of the board, the secretary of the Department of Economic 455 Opportunity, six members appointed by the Governor, three 456 members appointed by the President of the Senate, and three 457 members appointed by the Speaker of the House of 458 Representatives. 459

(2) In making their appointments, the Governor, the 460 President of the Senate, and the Speaker of the House of 461 Representatives shall ensure that the composition of the board 462 of directors reflects this state’s aerospace industry and is 463 representative of the intent, duties, and purpose of Space 464

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 17 of 24 CODING: Words stricken are deletions; words underlined are additions. Florida. 465

(3) Members appointed before July 1, 2023, shall continue 466 to serve for the remainder of their current term. As the terms 467 of such members expire, successors must be appointed to 4-year 468 terms. 469

(4) A vacancy on the board of directors must be filled for 470 the remainder of the unexpired term in the same manner as the 471 original appointment. 472

Section

Section 446.71, Florida Statutes, is amended to 473 read: 474 446.71 Everglades Restoration Agricultural Community 475 Employment Training Program.— 476

(1) The Department of Economic Opportunity, in cooperation 477 with the state board as defined in s. 445.002, shall establish 478 the Everglades Restoration Agricultural Community Employment 479 Training Program within the Department of Economic Opportunity. 480 The Department of Economic Opportunity shall use funds 481 appropriated to the program by the Legislature to provide grants 482 to stimulate and support training and employment programs that 483 seek to match persons who complete such training programs to 484 nonagricultural employment opportunities in areas of high 485 agricultural unemployment, and to provide other training, 486 educational, and information services necessary to stimulate the 487 creation of jobs in the areas of high agricultural unemployment. 488 In determining whether to provide funds to a particular program, 489 the Department of Economic Opportunity shall consider the 490 location of the program in proximity to the program’s intended 491 participants. 492

(2) The Legislature supports projects that improve the 493

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 18 of 24 CODING: Words stricken are deletions; words underlined are additions. economy in the Everglades Agricultural Area. In recognition of 494 the employment opportunities and economic development generated 495 by new and expanding industries in the area, such as the 496 Airglades Airport in Hendry County and the development of an 497 inland port in Palm Beach County, the Legislature finds that 498 training the citizens of the state to fill the needs of these 499 industries significantly enhances the economic viability of the 500 region. 501

(2) As used in this section, the term: 502 (a) “Department” means the Department of Economic 503 Opportunity. 504 (b) “Employer-based training program” means a program 505 established by, or to be established by, a business in this 506 state that provides training for in-demand nonagricultural 507 occupations for its employees. 508 (c) “Everglades Agricultural Area” has the same meaning as 509 in s. 373.4592(15). 510 (d) “Institution-based training program” means a 511 certificate program or other program of study provided by a 512 public or private university, college, or technical or 513 vocational training institution which provides training for in-514 demand nonagricultural occupations. 515 (e) “Program” means the Everglades Restoration Agricultural 516 Community Employment Training Program. 517

(3) The department, in cooperation with the state board as 518 defined in s. 445.002, shall establish the Everglades 519 Restoration Agricultural Community Employment Training Program. 520 The department shall use funds appropriated to the program by 521 the Legislature to provide grants to stimulate and support 522

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 19 of 24 CODING: Words stricken are deletions; words underlined are additions. employer-based training programs and institution-based training 523 programs that seek to match persons who complete such training 524 programs to nonagricultural employment opportunities in the 525 Everglades Agricultural Area and any rural areas of opportunity 526 as designated by the Governor pursuant to s. 288.0656(2)(d) 527 which include DeSoto, Glades, Hardee, Hendry, Highlands, and 528 Okeechobee Counties and the cities of Pahokee, Belle Glade, and 529 South Bay, and Immokalee.

The department shall use program funds 530 to provide other training, educational, and information services 531 necessary to stimulate the creation of jobs in the Everglades 532 Agricultural Area and in any rural areas of opportunity as 533 designated by the Governor pursuant to s. 288.0656(2)(

d) which 534 include DeSoto, Glades, Hardee, Hendry, Highlands, and 535 Okeechobee Counties and the cities of Pahokee, Belle Glade, and 536 South Bay, and Immokalee. In determining whether to provide 537 funds to a particular employer-based training program or 538 institution-based training program, the department must consider 539 the location of such training program in proximity to the 540 program’s intended participants. 541

(4) Program funds may be used to provide for grants for 542 tuition for public or private technical or vocational 543 institution-based training programs. Program funds may also be 544 used for and matching grants to employers to conduct employer-545 based training programs. Funds may be used, or for the purchase 546 of equipment necessary to be used for training purposes, the 547 hiring of instructors, or any other purpose directly associated 548 with the employer-based training program or institution-based 549 training program. For the first 6 months of each fiscal year, 550 the department shall set aside up to 50 percent of the funds 551

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 20 of 24 CODING: Words stricken are deletions; words underlined are additions. appropriated to the program by the Legislature to fund employer-552 based training programs. At the end of the 6-month period, any 553 unused funds from the set-aside funds may be used to provide 554 funding for institution-based training programs. 555 (5)

(4) The department of Economic Opportunity may not award 556 a grant to any employer-based given training program if the 557 grant which exceeds 50 percent of the total cost of the program. 558 However, if, unless the employer-based training program is 559 located within a rural area of opportunity, the department may 560 award a grant of in which case the grant may exceed 50 percent 561 of the total cost of the program and up to 100 percent of 562 program costs.

Employer matching contributions may include in-563 kind services, including, but not limited to, the provision of 564 training instructors, equipment, and training facilities. The 565 department must prioritize grants to employer-based training 566 programs that are located in the Everglades Agricultural Area or 567 in any rural areas of opportunity as designated by the Governor 568 pursuant to s. 288.0656(2)(

d) which include DeSoto, Glades, 569 Hardee, Hendry, Highlands, and Okeechobee Counties and the 570 cities of Pahokee, Belle Glade, and South Bay, and Immokalee. 571 (6)

(5) Before awarding a grant pursuant to granting a 572 request for funds made in accordance with this section, the 573 department of Economic Opportunity shall enter into a grant 574 agreement with the employer or requester of funds and the 575 institution receiving funding through the program. Such 576 agreement must include all of the following information: 577 (

a) An identification of the personnel necessary to conduct 578 the instructional program, the qualifications of such personnel, 579 and the respective responsibilities of the parties for paying 580

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 21 of 24 CODING: Words stricken are deletions; words underlined are additions. costs associated with the employment of such personnel. 581 (

b) An identification of the estimated length of the 582 instructional program. 583 (

c) An identification of all direct, training-related 584 costs, including tuition and fees, curriculum development, books 585 and classroom materials, and overhead or indirect costs. 586 (

d) An identification of special program requirements that 587 are not otherwise addressed in the agreement. 588 (7)

(6) The department of Economic Opportunity may grant up 589 to 100 percent of the tuition for an institution-based a 590 training program participant who currently resides, and has 591 resided for the preceding 12 months at least 3 of the 5 592 immediately preceding years, within the Everglades Agricultural 593 Area or in any rural areas of opportunity as designated by the 594 Governor pursuant to s. 288.0656(2)(d), which include DeSoto, 595 Glades, Hardee, Hendry, Highlands, and Okeechobee Counties and 596 the cities of Pahokee, Belle Glade, and South Bay, and 597 Immokalee, as described in s. 373.4592 and in counties that 598 provide for water storage and dispersed water storage that are 599 located in rural areas of opportunity as described in s. 600 288.0656. 601 (8)

(7) Employer-based training programs established in the 602 Everglades Agricultural Area or in any rural areas of 603 opportunity as designated by the Governor pursuant to s. 604 288.0656(2)(d), which include DeSoto, Glades, Hardee, Hendry, 605 Highlands, and Okeechobee Counties and the cities of Pahokee, 606 Belle Glade, and South Bay, and Immokalee, must include 607 opportunities to obtain the qualifications and skills necessary 608 for jobs related to federal and state restoration projects, the 609

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Airglades Airport in Hendry County, an inland port in Palm Beach 610 County, or other industries with a verifiable, demonstrated 611 interest in operating within the Everglades Agricultural Area or 612 in any rural areas of opportunity as designated by the Governor 613 pursuant to s. 288.0656(2)(d), which include DeSoto, Glades, 614 Hardee, Hendry, Highlands, and Okeechobee Counties and the 615 cities of Pahokee, Belle Glade, and South Bay, and Immokalee, 616 and in counties that provide for water storage and dispersed 617 water storage that are located in rural areas of opportunity as 618 described in s. 288.0656. 619 (9)

(8) The department may of Economic Opportunity shall 620 adopt rules to implement this section. 621

Section 15. Subsections (2) and (3) of

section 695.03, 622 Florida Statutes, are amended to read: 623 695.03 Acknowledgment and proof; validation of certain 624 acknowledgments; legalization or authentication before foreign 625 officials.—To entitle any instrument concerning real property to 626 be recorded, the execution must be acknowledged by the party 627 executing it, proved by a subscribing witness to it, or 628 legalized or authenticated in one of the following forms: 629

(2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An 630 acknowledgment or a proof taken, administered, or made outside 631 of this state but within the United States may be taken, 632 administered, or made by or before a civil-law notary of this 633 state or a commissioner of deeds appointed by the Secretary of 634 Economic Opportunity Governor of this state; a judge or clerk of 635 any court of the United States or of any state, territory, or 636 district; by or before a United States commissioner or 637 magistrate; or by or before any notary public, justice of the 638

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 23 of 24 CODING: Words stricken are deletions; words underlined are additions. peace, master in chancery, or registrar or recorder of deeds of 639 any state, territory, or district having a seal, and the 640 certificate of acknowledgment or proof must be under the seal of 641 the court or officer, as the case may be.

If the acknowledgment 642 or proof is taken, administered, or made by or before a notary 643 public who does not affix a seal, it is sufficient for the 644 notary public to type, print, or write by hand on the 645 instrument, “I am a Notary Public of the State of ...(state)..., 646 and my commission expires on ...(date)....” 647

(3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 648 COUNTRIES.—An acknowledgment, an affidavit, an oath, a 649 legalization, an authentication, or a proof taken, administered, 650 or made outside the United States or in a foreign country may be 651 taken, administered, or made by or before a commissioner of 652 deeds appointed by the Secretary of Economic Opportunity 653 Governor of this state to act in such country; before a notary 654 public of such foreign country or a civil-law notary of this 655 state or of such foreign country who has an official seal; 656 before an ambassador, envoy extraordinary, minister 657 plenipotentiary, minister, commissioner, charge d’affaires, 658 consul general, consul, vice consul, consular agent, or other 659 diplomatic or consular officer of the United States appointed to 660 reside in such country; or before a military or naval officer 661 authorized by 10 U.S.C. s. 1044a to perform the duties of notary 662 public, and the certificate of acknowledgment, legalization, 663 authentication, or proof must be under the seal of the officer. 664 A certificate legalizing or authenticating the signature of a 665 person executing an instrument concerning real property and to 666 which a civil-law notary or notary public of that country has 667

Florida Senate - 2023 SB 1664 21-01750B-23 20231664__ Page 24 of 24 CODING: Words stricken are deletions; words underlined are additions. affixed her or his official seal is sufficient as an 668 acknowledgment. For the purposes of this section, the term 669 “civil-law notary” means a civil-law notary as defined in 670

chapter 118 or an official of a foreign country who has an 671 official seal and who is authorized to make legal or lawful the 672 execution of any document in that jurisdiction, in which 673 jurisdiction the affixing of her or his official seal is deemed 674 proof of the execution of the document or deed in full 675 compliance with the laws of that jurisdiction. 676

Section 16. For the purpose of incorporating the amendment 677 made by this act to

section 288.075, Florida Statutes, in a 678 reference thereto, paragraph (

c) of subsection (2) of

section 679 288.106, Florida Statutes, is reenacted to read: 680 288.106 Tax refund program for qualified target industry 681 businesses.— 682

(2) DEFINITIONS.—As used in this section: 683 (c) “Average private sector wage in the area” means the 684 statewide private sector average wage or the average of all 685 private sector wages and salaries in the county or in the 686 standard metropolitan area in which the business is located. 687

Section 17. This act shall take effect July 1, 2023. 688