CHAPTER 288

288.0001 Economic Development Programs Evaluation. The Office of Economic and Demographic Research and the Office of Program Policy Analysis and Government Accountability (OPPAGA) shall develop and present to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees the Economic Development Programs Evaluation. (1) The Office of Economic and Demographic Research and OPPAGA shall coordinate the development of a work plan for completing the Economic Development Programs Evaluation and shall submit the work plan to the President of the Senate and the Speaker of the House of Representatives by July 1, 2013. (2) The Office of Economic and Demographic Research and OPPAGA shall provide a detailed analysis of economic development programs as provided in the following schedule: (a) By January 1, 2014, and every 3 years thereafter, an analysis of the following: 1. The capital investment tax credit established under s. 220.191. 1 2. Space Florida established under s. 331.302. 3. The research and development tax credit established under s. 220.196. 4. The Urban High-Crime Area Job Tax Credit Program established under s. 212.097 and authorized under s. 220.1895. 5. The Rural Job Tax Credit Program established under s. 212.098 and authorized under s. 220.1895. 6. The Florida Job Growth Grant Fund established under s. 288.101. 7. The brownfield redevelopment bonus refund established under s. 288.107. 2 8. The Rural Community Investment Program established under s. 288.062. (b) By January 1, 2015, and every 3 years thereafter, an analysis of: 1. The entertainment industry sales tax exemption program established under s. 288.1258. 2. VISIT Florida and its programs established or funded under ss. 288.122-288.12265 and 288.124. 3. The Florida Sports Foundation and related programs, including those established under ss. 288.1162, 288.11621, 288.1166, and 288.1167. (c) By January 1, 2016, and every 3 years thereafter, an analysis of the following: 1. The tax exemption for semiconductor, defense, or space technology sales established under s. 212.08(5)(j). 2. The Military Base Protection Program established under s. 288.980. 3. The Quick Response Training Program established under s. 288.047. 4. The Incumbent Worker Training Program established under s. 445.003. 5. The direct-support organization and international trade and business development programs established or funded under s. 288.012 or s. 288.826. 6. The program established under s. 295.22(3). 7. The data center property sales tax exemption established under s. 212.08(5)(r). (d) By January 1, 2024, and every 3 years thereafter, an analysis of Space Florida established under part II of chapter 331. (e) By January 1, 2027, and every 3 years thereafter, an analysis of the Supply Chain Innovation Grant Program established under s. 288.102. (3) Pursuant to the schedule established in subsection (2), the Office of Economic and Demographic Research shall evaluate and determine the economic benefits, as defined in s. 288.005, of each program over the previous 3 years. The analysis must also evaluate the number of jobs created, the increase or decrease in personal income, and the impact on state gross domestic product from the direct, indirect, and induced effects of the state’s investment in each program over the previous 3 years. (a) For the purpose of evaluating tax credits, tax refunds, sales tax exemptions, cash grants, and similar programs, the Office of Economic and Demographic Research shall evaluate data only from those projects in which businesses received state funds during the evaluation period. Such projects may be fully completed, partially completed with future fund disbursal possible pending performance measures, or partially completed with no future fund disbursal possible as a result of a business’s inability to meet performance measures. (b) The analysis must use the model developed by the Office of Economic and Demographic Research, as required in s. 216.138, to evaluate each program. The office shall provide a written explanation of the key assumptions of the model and how it is used. If the office finds that another evaluation model is more appropriate to evaluate a program, it may use another model, but it must provide an explanation as to why the selected model was more appropriate. (4) Pursuant to the schedule established in subsection (2), OPPAGA shall evaluate each program over the previous 3 years for its effectiveness and value to the taxpayers of this state and include recommendations on each program for consideration by the Legislature. The analysis may include relevant economic development reports or analyses prepared by the department or local or regional economic development organizations, interviews with the parties involved, or any other relevant data. (5) The Office of Economic and Demographic Research and OPPAGA must be given access to all data necessary to complete the Economic Development Programs Evaluation, including any confidential data. The offices may collaborate on data collection and analysis. History. — s. 1, ch. 2013-39; s. 1, ch. 2013-42; s. 6, ch. 2014-1; s. 19, ch. 2014-18; s. 3, ch. 2014-167; s. 3, ch. 2014-218; s. 26, ch. 2018-110; s. 35, ch. 2021-31; s. 1, ch. 2023-161; s. 31, ch. 2023-173; s. 2, ch. 2023-200; s. 10, ch. 2024-234; s. 7, ch. 2024-251; s. 65, ch. 2025-208. 1 Note. — As added by s. 31, ch. 2023-173. Section 2, ch. 2023-200, added paragraph (2)(e), redesignated as paragraph (2)(d) by the editors incident to compilation of the section, setting an every-3-year analysis of Space Florida with a January 1, 2024, start date. Section 12, ch. 2023-200, provides that “[i]n the event of a conflict of any provision of this act with the provisions of any other act, the provisions of this act shall control to the extent of such conflict.” 2 Note. — Section 67, ch. 2025-208, provides that “[t]he Department of Revenue and the Department of Commerce are authorized, and all conditions are deemed met, to adopt emergency rules under s. 120.54(4), Florida Statutes, for the purpose of implementing provisions related to the Rural Community Investment Program. Notwithstanding any other law, emergency rules adopted under this section are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.” 288.001 The Florida Small Business Development Center Network. (1) PURPOSE. — The Florida Small Business Development Center Network is the principal business assistance organization for small businesses in the state. The purpose of the network is to serve emerging and established for-profit, privately held businesses that maintain a place of business in the state. (2) DEFINITIONS. — As used in this section, the term: (a) “Board of Governors” means the Board of Governors of the State University System. (b) “Host institution” means the university designated by the Board of Governors to be the recipient organization in accordance with 13 C.F.R. s. 130.200. (c) “Network” means the Florida Small Business Development Center Network. (3) OPERATION; POLICIES AND PROGRAMS. — (a) The network’s statewide director shall operate the network in compliance with the federal laws and regulations governing the network and the Board of Governors Regulation 10.015. (b) The network’s statewide director shall consult with the Board of Governors, the department, and the network’s statewide advisory board to ensure that the network’s policies and programs align with the statewide goals of the State University System and the statewide strategic economic development plan as provided under s. 20.60. (4) STATEWIDE ADVISORY BOARD. — (a) The network shall maintain a statewide advisory board to advise, counsel, and confer with the statewide director on matters pertaining to the operation of the network. (b) The statewide advisory board shall consist of 19 members from across the state. At least 12 members must be representatives of the private sector who are knowledgeable of the needs and challenges of small businesses. The members must represent various segments and industries of the economy in this state and must bring knowledge and skills to the statewide advisory board which would enhance the board’s collective knowledge of small business assistance needs and challenges. Minority and gender representation must be considered when making appointments to the board. The board must include the following members: 1. Three members appointed from the private sector by the President of the Senate. 2. Three members appointed from the private sector by the Speaker of the House of Representatives. 3. Three members appointed from the private sector by the Governor. 4. Three members appointed from the private sector by the network’s statewide director. 5. One member appointed by the host institution. 6. The Secretary of Commerce or his or her designee. 7. The Chief Financial Officer or his or her designee. 8. The President of the Florida Chamber of Commerce or his or her designee. 9. The Small Business Development Center Project Officer from the U.S. Small Business Administration at the South Florida District Office or his or her designee. 10. The executive director of the National Federation of Independent Businesses, Florida, or his or her designee. 11. The executive director of the Florida United Business Association or his or her designee. (c) The term of an appointed member shall be for 4 years, beginning August 1, 2013, except that at the time of initial appointments, two members appointed by the Governor, one member appointed by the President of the Senate, one member appointed by the Speaker of the House of Representatives, and one member appointed by the network’s statewide director shall be appointed for 2 years. An appointed member may be reappointed to a subsequent term. Members of the statewide advisory board may not receive compensation but may be reimbursed for per diem and travel expenses in accordance with s. 112.061. (5) SMALL BUSINESS SUPPORT SERVICES; AGREEMENT. — (a) The statewide director, in consultation with the advisory board, shall develop support services that are delivered through regional small business development centers. Support services must target the needs of businesses that employ fewer than 100 persons and demonstrate an assessed capacity to grow in employment or revenue. (b) Support services must include, but need not be limited to, providing information or research, consulting, educating, or assisting businesses in the following activities: 1. Planning related to the startup, operation, or expansion of a small business enterprise in this state. Such activities include providing guidance on business formation, structure, management, registration, regulation, and taxes. 2. Developing and implementing strategic or business plans. Such activities include analyzing a business’s mission, vision, strategies, and goals; critiquing the overall plan; and creating performance measures. 3. Developing the financial literacy of existing businesses related to their business cash flow and financial management plans. Such activities include conducting financial analysis health checks, assessing cost control management techniques, and building financial management strategies and solutions. 4. Developing and implementing plans for existing businesses to access or expand to new or existing markets. Such activities include conducting market research, researching and identifying expansion opportunities in international markets, and identifying opportunities in selling to units of government. 5. Supporting access to capital for business investment and expansion. Such activities include providing technical assistance relating to obtaining surety bonds; identifying and assessing potential debt or equity investors or other financing opportunities; assisting in the preparation of applications, projections, or pro forma or other support documentation for surety bond, loan, financing, or investment requests; and facilitating conferences with lenders or investors. 6. Assisting existing businesses to plan for a natural or manmade disaster, and assisting businesses when such an event occurs. Such activities include creating business continuity and disaster plans, preparing disaster and bridge loan applications, and carrying out other emergency support functions. (c) A business receiving support services must agree to participate in assessments of such services. The agreement, at a minimum, must request the business to report demographic characteristics, changes in employment and sales, debt and equity capital attained, and government contracts acquired. The host institution may require additional reporting requirements for funding described in subsection (7). (6) REQUIRED MATCH. — The network must provide a match equal to the total amount of any direct legislative appropriation which is received directly by the host institution and is specifically designated for the network. The match may include funds from federal or other nonstate funding sources designated for the network. At least 50 percent of the match must be cash. The remaining 50 percent may be provided through any allowable combination of additional cash, in-kind contributions, or indirect costs. (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST PRACTICES; ELIGIBILITY. — (a) The statewide director, in coordination with the host institution, shall establish a pay-per-performance incentive for regional small business development centers. Such incentive shall be funded from half of any state appropriation received directly by the host institution, which appropriation is specifically designated for the network. These funds shall be distributed to the regional small business development centers based upon data collected from the businesses as provided under paragraph (5)(c). The distribution formula must provide for the distribution of funds in part on the gross number of jobs created annually by each center and in part on the number of jobs created per support service hour. The pay-per-performance incentive must supplement the operations and support services of each regional small business development center. (b) Half of any state funds received directly by the host institution which are specifically designated for the network shall be distributed by the statewide director, in coordination with the advisory board, for the following purposes: 1. Ensuring that support services are available statewide, especially in underserved and rural areas of the state, to assist eligible businesses; 2. Enhancing participation in the network among state universities and colleges; and 3. Facilitating the adoption of innovative small business assistance best practices by the regional small business development centers. (c) The statewide director, in coordination with the advisory board, shall develop annual programs to distribute funds for each of the purposes described in paragraph (b). The network shall announce the annual amount of available funds for each program, performance expectations, and other requirements. For each program, the statewide director shall present applications and recommendations to the advisory board. The advisory board shall make the final approval of applications. Approved applications must be publicly posted. At a minimum, programs must include: 1. New regional small business development centers; and 2. Awards for the top six regional small business development centers that adopt best practices, as determined by the advisory board. Detailed information about best practices must be made available to regional small business development centers for voluntary implementation. (d) A regional small business development center that has been found by the statewide director to perform poorly, to engage in improper activity affecting the operation and integrity of the network, or to fail to follow the rules and procedures set forth in the laws, regulations, and policies governing the network, is not eligible for funds under this subsection. (e) Funds awarded under this subsection may not reduce matching funds dedicated to the regional small business development centers. (8) REPORTING. — (a) The statewide director shall quarterly update the Board of Governors, the department, and the advisory board on the network’s progress and outcomes, including aggregate information on businesses assisted by the network. (b) The statewide director, in coordination with the advisory board, shall annually report, on October 1, to the President of the Senate and the Speaker of the House of Representatives on the network’s progress and outcomes for the previous fiscal year. The report must include aggregate information on businesses assisted by the network; network services and programs; the use of all federal, state, local, and private funds received by the network and the regional small business development centers, including any additional funds specifically appropriated by the Legislature for the purposes described in subsection (7); and the network’s economic benefit to the state. The report must contain specific information on performance-based metrics and contain the methodology used to calculate the network’s economic benefit to the state. History. — s. 1, ch. 2008-149; s. 9, ch. 2013-39; s. 43, ch. 2014-17; s. 17, ch. 2015-2; s. 32, ch. 2023-173. 288.002 Public records exemption for certain materials held by the former Enterprise Florida, Inc. Materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, financial and proprietary information, and agreements or proposals to receive funding that are received, generated, ascertained, or discovered by the former Enterprise Florida, Inc., including its affiliates or subsidiaries and partnership participants, such as private enterprises, educational institutions, and other organizations, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a recipient of the former Enterprise Florida, Inc., research funds shall make available, upon request, the title and description of the research project, the name of the researcher, and the amount and source of funding provided for the project. Effective July 1, 2023, the Department of Commerce is the custodian of any public records made confidential and exempt under this section. History. — s. 17, ch. 89-381; s. 81, ch. 90-360; s. 13, ch. 93-187; s. 1, ch. 95-230; s. 99, ch. 96-320; s. 147, ch. 96-406; s. 39, ch. 99-251; s. 90, ch. 2023-173. Note. — Former s. 240.539(7); s. 288.9520. 288.005 Definitions. As used in this chapter, the term: (1) “County destination marketing organization” means a public or private agency that is funded by local option tourist development tax revenues under s. 125.0104, or local option convention development tax revenues under s. 212.0305, and is officially designated by a county commission to market and promote the area for tourism or convention business or, in any county that has not levied such taxes, a public or private agency that is officially designated by the county commission to market and promote the area for tourism or convention business. (2) “Department” means the Department of Commerce. (3) “Economic benefits” means the direct, indirect, and induced gains in state revenues as a percentage of the state’s investment. The state’s investment includes state grants, tax exemptions, tax refunds, tax credits, and other state incentives. (4) “Jobs” means full-time equivalent positions, including, but not limited to, positions obtained from a temporary employment agency or employee leasing company or through a union agreement or coemployment under a professional employer organization agreement, which result directly from a project in this state. This number does not include temporary construction jobs involved with the construction of facilities for the project. (5) “Loan administrator” means an entity statutorily eligible to receive state funds and authorized by the department to make loans under a loan program. (6) “Loan program” means a program established in this chapter to provide appropriated funds to an eligible entity to further a specific state purpose for a limited period of time and with a requirement that such appropriated funds be repaid to the state. The term includes a “loan fund” or “loan pilot program” administered by the department under this chapter. (7) “Target industry business” means a corporate headquarters business or any business that is engaged in one of the target industries identified pursuant to the following criteria developed by the Department of Commerce: (a) Future growth. — The industry forecast indicates strong expectation for future growth in employment and output, according to the most recent available data. Special consideration should be given to businesses that export goods to, or provide services in, international markets and businesses that onshore business operations to replace domestic and international imports of goods or services. (b) Stability. — The industry is not subject to periodic layoffs, whether due to seasonality or sensitivity to volatile economic variables such as weather. The industry is also relatively resistant to recession, so that the demand for products of this industry is not typically subject to decline during an economic downturn. (c) High wage. — The industry pays relatively high wages compared to statewide or area averages. (d) Market and resource independent. — The industry business location is not dependent on markets or resources in the state as indicated by industry analysis, except for businesses in the renewable energy industry. (e) Industrial base diversification and strengthening. — The industry contributes toward expanding or diversifying the state’s or area’s economic base, as indicated by analysis of employment and output shares compared to national and regional trends. Special consideration should be given to industries that strengthen regional economies by adding value to basic products or building regional industrial clusters as indicated by industry analysis. Special consideration should also be given to the development of strong industrial clusters that include defense and homeland security businesses. (f) Positive economic impact. — The industry has strong positive economic impacts on or benefits to the state or regional economies. Special consideration should be given to industries that facilitate the development of the state as a hub for domestic and global trade and logistics. The term does not include any business engaged in retail industry activities; any electrical utility company as defined in s. 366.02(4); any phosphate or other solid minerals severance, mining, or processing operation; any oil or gas exploration or production operation; or any business subject to regulation by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. Any business within NAICS code 5611 or NAICS code 5614, office administrative services and business support services, respectively, may be considered a target industry business only after the local governing body and the Department of Commerce determine that the community in which the business may locate has conditions affecting the fiscal and economic viability of the local community or area, including, but not limited to, low per capita income, high unemployment, high underemployment, and a lack of year-round stable employment opportunities, and such conditions may be improved by the business locating in such community. By January 1 of every 3rd year, beginning January 1, 2011, the Department of Commerce, in consultation with economic development organizations, the State University System, local governments, employee and employer organizations, market analysts, and economists, shall review and, as appropriate, revise the list of target industries and submit the list to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (8) “Tourism marketing” means any effort exercised to attract domestic and international visitors from outside the state to destinations in this state and to stimulate Florida resident tourism to areas within the state. (9) “Tourist” means any person who participates in trade or recreation activities outside the county of his or her permanent residence or who rents or leases transient living quarters or accommodations as described in s. 125.0104(3)(a). History. — s. 17, ch. 2011-142; s. 10, ch. 2013-39; s. 10, ch. 2013-42; s. 4, ch. 2014-218; s. 21, ch. 2021-25; s. 33, ch. 2023-173; s. 68, ch. 2024-6. 288.006 General operation of loan programs. (1) The Legislature intends to promote the goals of accountability and proper stewardship by recipients of loan program funds. This section applies to all loan programs established under this chapter. (2) State funds appropriated for a loan program may be used only by an eligible recipient or loan administrator, and the use of such funds is restricted to the specific state purpose of the loan program, subject to any compensation due to a loan administrator as provided under this chapter. State funds may be awarded directly by the department to an eligible recipient or awarded by the department to a loan administrator. All state funds, including any interest earned, remain state funds unless otherwise stated in the statutory requirements of the loan program. (3)(a) Upon termination of a loan program by the Legislature or by statute, all appropriated funds shall revert to the General Revenue Fund. The department shall pay the entity for any allowable administrative expenses due to the loan administrator as provided under this chapter, unless otherwise required by law. (b) Upon termination of a contract between the department and an eligible recipient or loan administrator, all remaining appropriated funds shall revert to the fund from which the appropriation was made. The department shall become the successor entity for any outstanding loans. Except in the case of the termination of a contract for fraud or a finding that the loan administrator was not meeting the terms of the program, the department shall pay the entity for any allowable administrative expenses due to the loan administrator as provided under this chapter. (c) The eligible recipient or loan administrator to which this subsection applies shall execute all appropriate instruments to reconcile any remaining accounts associated with a terminated loan program or contract. The entity shall execute all appropriate instruments to ensure that the department is authorized to collect all receivables for outstanding loans, including, but not limited to, assignments of promissory notes and mortgages. (4) An eligible recipient or loan administrator must avoid any potential conflict of interest regarding the use of appropriated funds for a loan program. An eligible recipient or loan administrator or a board member, employee, or agent thereof, or an immediate family member of a board member, employee, or agent, may not have a financial interest in an entity that is awarded a loan under a loan program. A loan may not be made to a person or entity if a conflict of interest exists between the parties involved. As used in this subsection, the term “immediate family” means a parent, spouse, child, sibling, grandparent, or grandchild related by blood or marriage. (5) In determining eligibility for an entity applying for the award of funds directly by the department or applying for selection as a loan administrator for a loan program, the department shall evaluate each applicant’s business practices, financial stability, and past performance in other state programs, in addition to the loan program’s statutory requirements. Eligibility of an entity applying to be a recipient or loan administrator may be conditionally granted or denied outright if the department determines that the entity is noncompliant with any law, rule, or program requirement. (6) Recurring use of state funds, including revolving loans or new negotiable instruments, which have been repaid to the loan administrator may be made if the loan program’s statutory structure permits. However, any use of state funds made by a loan administrator remains subject to subsections (2) and (3), and compensation to a loan administrator may not exceed any limitation provided by this chapter. (7) The Auditor General may conduct audits as provided in s. 11.45 to verify that the appropriations under each loan program are expended by the eligible recipient or loan administrator as required for each program. If the Auditor General determines that the appropriations are not expended as required, the Auditor General shall notify the department, which may pursue recovery of the funds. This section does not prevent the department from pursuing recovery of the appropriated loan program funds when necessary to protect the funds or when authorized by law. (8) The department may adopt rules under ss. 120.536(1) and 120.54 as necessary to carry out this section. History. — s. 5, ch. 2014-218. 288.0065 Annual incentives report. By December 30 of each year, the department shall provide the Governor, the President of the Senate, and the Speaker of the House of Representatives a detailed incentives report quantifying the economic benefits for all of the economic development incentive programs administered by the department and its public-private partnerships. The annual incentives report must include: (1) For each incentive program: (a) A brief description of the incentive program. (b) The amount of awards granted, by year, since inception and the annual amount actually transferred from the state treasury to businesses or for the benefit of businesses for each of the previous 3 years. (2) For projects completed during the previous state fiscal year: (a) The number of economic development incentive applications received. (b) The number of final decisions issued by the department for approval and for denial. (c) The projects for which a tax refund, tax credit, or cash grant agreement was executed, identifying for each project: 1. The number of jobs committed to be created. 2. The amount of capital investments committed to be made. 3. The annual average wage committed to be paid. 4. The amount of state economic development incentives committed to the project from each incentive program under the project’s terms of agreement with the Department of Commerce. 5. The amount and type of local matching funds committed to the project. (d) Tax refunds paid or other payments made funded out of the Economic Development Incentives Account for each project. (e) The types of projects supported. (3) For economic development projects that received tax refunds, tax credits, or cash grants under the terms of an agreement for incentives: (a) The number of jobs actually created. (b) The amount of capital investments actually made. (c) The annual average wage paid. (4) For a project receiving economic development incentives approved by the department and receiving federal or local incentives, a description of the federal or local incentives, if available. (5) The number of withdrawn or terminated projects that did not fulfill the terms of their agreements with the department and, consequently, are not receiving incentives. (6) The amount of tax refunds, tax credits, or other payments made to projects locating or expanding in state enterprise zones, rural communities, brownfield areas, or distressed urban communities. The report must include a separate analysis of the impact of such tax refunds on state enterprise zones designated under s. 290.0065, rural communities, brownfield areas, and distressed urban communities. (7) An identification of the target industry businesses and high-impact businesses. (8) A description of the trends relating to business interest in, and usage of, the various incentives, and the number of minority-owned or woman-owned businesses receiving incentives. (9) An identification of incentive programs not used and recommendations for program changes or program elimination. (10) Information related to the validation of contractor performance required under s. 288.061. History. — s. 28, ch. 2011-142; s. 31, ch. 2013-39; s. 33, ch. 2013-42; s. 83, ch. 2023-173. Note. — Former s. 288.907. 288.007 Inventory of communities seeking to recruit businesses. By September 30 of each year, a county or municipality that has a population of at least 25,000 or its local economic development organization must submit to the department a brief overview of the strengths, services, and economic development incentives that its community offers. The local government or its local economic development organization also must identify any industries that it is encouraging to locate or relocate to its area. A county or municipality having a population of 25,000 or fewer or its local economic development organization seeking to recruit businesses may submit information as required in this section and may participate in any activity or initiative resulting from the collection, analysis, and reporting of the information to the department pursuant to this section. History. — s. 29, ch. 2011-142; s. 85, ch. 2023-173. Note. — Former s. 288.912. 288.0071 Economic incentives to foreign countries of concern prohibited. (1) As used in this section, the term: (a) “Controlled by” means having possession of the power to direct or cause the direction of the management or policies of a company, whether through ownership of securities, by contract, or otherwise. A person or entity that directly or indirectly has the right to vote 25 percent or more of the voting interests of the company or that is entitled to 25 percent or more of its profits is presumed to control the foreign entity. (b) “Economic incentive” means all programs administered by, or for which an applicant for the program must seek certification, approval, or other action by, the department under this chapter, chapter 212, or chapter 220; and all local economic development programs, grants, or financial benefits administered by a political subdivision or an agent thereof. (c) “Foreign country of concern” has the same meaning as in s. 692.201. (d) “Foreign entity” means an entity that is: 1. Owned or controlled by the government of a foreign country of concern; or 2. A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of such entity. (e) “Government entity” means a state agency; a political subdivision; or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. (2) A government entity may not knowingly enter into an agreement or contract for an economic incentive with a foreign entity. (3) Before providing any economic incentive, a government entity must require the recipient or applicant to provide the government entity with an affidavit signed under penalty of perjury attesting that the recipient or applicant is not a foreign entity. (4) The department shall adopt rules to administer this section, including rules establishing the form for the affidavit required under subsection (3). History. — s. 2, ch. 2023-33. 288.012 State of Florida international offices; direct-support organization. The Legislature finds that the expansion of international trade and tourism is vital to the overall health and growth of the economy of this state. This expansion is hampered by the lack of technical and business assistance, financial assistance, and information services for businesses in this state. The Legislature finds that these businesses could be assisted by providing these services at State of Florida international offices. The Legislature further finds that the accessibility and provision of services at these offices can be enhanced through cooperative agreements or strategic alliances between private businesses and state, local, and international governmental entities. (1) The department is authorized to: (a) Establish and operate offices in other countries for the purpose of promoting trade and economic development opportunities of the state, and promoting the gathering of trade data information and research on trade opportunities in specific countries. (b) Enter into agreements with governmental and private sector entities to establish and operate offices in other countries which contain provisions that may conflict with the general laws of the state pertaining to the purchase of office space, employment of personnel, and contracts for services. When agreements pursuant to this section are made which set compensation in another country’s currency, such agreements shall be subject to the requirements of s. 215.425, but the purchase of another country’s currency by the department to meet such obligations shall be subject only to s. 216.311. (2) Each international office shall have in place an operational plan approved by the participating boards or other governing authority, a copy of which shall be provided to the department. These operating plans shall be reviewed and updated each fiscal year and shall include, at a minimum, the following: (a) Specific policies and procedures encompassing the entire scope of the operation and management of each office. (b) A comprehensive, commercial strategic plan identifying marketing opportunities and industry sector priorities for the country in which an international office is located. (c) Provisions for access to information for Florida businesses related to trade leads and inquiries. (d) Identification of new and emerging market opportunities for Florida businesses. This information shall be provided either free of charge or on a fee basis with fees set only to recover the costs of providing the information. (e) Provision of access for Florida businesses to international trade assistance services provided by state and local entities, seaport and airport information, and other services identified by the department. (f) Qualitative and quantitative performance measures for each office, including, but not limited to, the number of businesses assisted, the number of trade leads and inquiries generated, the number of international buyers and importers contacted, and the amount and type of marketing conducted. (3) Each international office shall annually submit to the department a complete and detailed report on its activities and accomplishments during the previous fiscal year. The report must set forth information on: (a) The number of Florida companies assisted. (b) The number of inquiries received about investment opportunities in this state. (c) The number of trade leads generated. (d) The number of investment projects announced. (e) The estimated U.S. dollar value of sales confirmations. (f) The number of representation agreements. (g) The number of company consultations. (h) Barriers or other issues affecting the effective operation of the office. (i) Changes in office operations which are planned for the current fiscal year. (j) Marketing activities conducted. (k) Strategic alliances formed with organizations in the country in which the office is located. (l) Activities conducted with Florida’s other international offices. (m) Any other information that the office believes would contribute to an understanding of its activities. (4) The Department of Commerce, in connection with the establishment, operation, and management of any of its offices located in another country, is exempt from the provisions of ss. 255.21, 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 and 283.35 relating to bids for printing; ss. 287.001-287.20 relating to purchasing and motor vehicles; and ss. 282.003-282.00515 and 282.702-282.7101 relating to communications, and from all statutory provisions relating to state employment. (a) The department may exercise such exemptions only upon prior approval of the Governor. (b) If approval for an exemption under this section is granted as an integral part of a plan of operation for a specified international office, such action shall constitute continuing authority for the department to exercise the exemption, but only in the context and upon the terms originally granted. Any modification of the approved plan of operation with respect to an exemption contained therein must be resubmitted to the Governor for his or her approval. An approval granted to exercise an exemption in any other context shall be restricted to the specific instance for which the exemption is to be exercised. (c) As used in this subsection, the term “plan of operation” means the plan developed pursuant to subsection (2). (d) Upon final action by the Governor with respect to a request to exercise the exemption authorized in this subsection, the department shall report such action, along with the original request and any modifications thereto, to the President of the Senate and the Speaker of the House of Representatives within 30 days. (5) Where feasible and appropriate, international offices established and operated under this section may provide one-stop access to the economic development, trade, and tourism information, services, and programs of the state. Where feasible and appropriate, such offices may also be collocated with other international offices of the state. (6)(a) The department shall establish and contract with a direct-support organization, organized as a nonprofit under chapter 617 and recognized under s. 501(c)(3) of the Internal Revenue Code, to carry out the provisions of this section; assist with the coordination of international trade development efforts; and assist in development and planning related to foreign investment, international partnerships, and other international business and trade development. The organization is exempt from paying fees under s. 617.0122. (b) The direct-support organization shall act as the international trade and travel mission organization for the state, utilizing private sector and public sector expertise in collaboration with the department. The direct-support organization shall provide assistance and promotional support for international offices, trade and promotion, development and planning related to foreign investment, international partnerships, and other international business and trade development in conjunction with the department. The direct-support organization may coordinate and plan international trade missions, including setting up travel, arranging for participation by Florida businesses, and tracking data related to outcomes of the trade missions on behalf of the department. The organization shall comply with the per diem and travel expense provisions of s. 112.061. (c)1. The direct-support organization shall be governed by a board of directors. The Secretary of Commerce, or his or her designee, shall serve as the ex officio, nonvoting executive director of the board. The Secretary of Commerce, or his or her designee, shall appoint seven board members, including a chair of the board. Appointed members must represent and reflect the state’s interest in international trade and development efforts and have experience or knowledge that will assist in development and planning related to foreign investment, international partnerships, and other international business and trade development. All appointments must be made by December 1, 2023. 2. Appointed members shall serve for a term of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the initial appointment. All members of the board are eligible for reappointment. 3. Members of the board of directors shall serve without compensation; however, the members may be reimbursed for reasonable, necessary, and actual travel expenses pursuant to s. 112.061. 4. The board of directors shall meet at least quarterly and at other times upon the call of the chair, and may use any method of telecommunications to conduct, or establish a quorum at, its meetings or the meetings of a subcommittee or other subdivision if the public is given proper notice of the telecommunications meeting and provided reasonable access to observe and, if appropriate, to participate. A majority of the total current membership of the board of directors constitutes a quorum of the board. (d) The senior managers and members of the board of directors of the organization are subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and 112.3143(2). For purposes of applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and 112.3143(2) to activities of the president and staff, those persons shall be considered public officers or employees and the corporation shall be considered their agency. The exemption set forth in s. 112.313(12) for advisory boards applies to the members of board of directors. Further, each member of the board of directors who is not otherwise required to file financial disclosures pursuant to s. 8, Art. II of the State Constitution or s. 112.3144, shall file disclosure of financial interests pursuant to s. 112.3145. (e) The Legislature determines it is in the public interest and reflects the state’s public policy that the direct-support organization operate in the most open and accessible manner consistent with its public purposes. As such, its divisions, boards, and advisory councils, or similar entities created or managed by the organization, are subject to the provisions of chapter 119 relating to public records and those provisions of chapter 286 relating to public meetings and records. (f) The department and the direct-support organization must enter into a performance-based contract, pursuant to s. 20.60, that includes: 1. Specification of the approval of the department, the powers and duties of the direct-support organization, and rules with which the direct-support organization must comply. The department must approve the articles of incorporation and bylaws of the direct-support organization. 2. Authorization by the department, without charge, for appropriate use of property, facilities, and personnel of the department by the direct-support organization for approved purposes. The contract must prescribe the conditions with which the organization must comply in order to use property, facilities, or personnel of the department. Such conditions must provide for budget and audit review and oversight by the department. However, the department may not authorize the use of property, facilities, or personnel of the department by the direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin. 3. Conditions for termination of the contract by the department, at any time, if the department determines that the direct-support organization no longer meets the objectives of this section. (g) The direct-support organization may conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the organization if such furthers the duties and mission of the organization and is in the best interests of this state. (h) The direct-support organization may accept grants or other donations in order to facilitate trade missions and conduct other related international activities. Funds of the organization must be held in a separate depository account in the name of the organization, subject to the provisions of the contract with the department, and must be used in a manner consistent with the goals of the organization. Any funds and property held by the organization shall revert to the department if the organization is no longer approved to operate by the department, fails to maintain its tax-exempt status, or ceases to exist. (i) The department must determine and annually certify that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the organization and in the best interests of the state. The organization is required to annually submit to the department its federal Internal Revenue Service Application for Recognition of Exemption form (Form 1023) and federal Internal Revenue Service Return of Organization Exempt from Income Tax form (Form 990); an annual budget for approval by the department; an annual financial audit in accordance with s. 215.981; and an annual itemized accounting of the total amount of travel and entertainment expenses. (j) The fiscal year of the direct-support organization begins on July 1 of each year and ends on June 30 of the following year. By August 15 of each fiscal year, the department shall submit a proposed operating budget for the direct-support organization, including amounts to be expended on international offices, trade missions, events, other operating capital outlay, salaries and benefits for each employee, and contributions and expenditures, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (k) This subsection is repealed October 1, 2028, unless reviewed and saved from repeal by the Legislature. History. — s. 1, ch. 80-401; s. 1, ch. 82-115; ss. 3, 6, ch. 83-252; ss. 9, 10, ch. 88-201; ss. 1, 2, 3, ch. 89-150; s. 112, ch. 90-201; ss. 40, 44, ch. 90-335; s. 53, ch. 91-5; s. 9, ch. 92-277; s. 219, ch. 95-148; s. 30, ch. 96-320; s. 14, ch. 97-278; s. 80, ch. 99-251; s. 4, ch. 2000-208; s. 58, ch. 2001-61; s. 49, ch. 2010-5; s. 130, ch. 2011-142; s. 56, ch. 2011-213; s. 11, ch. 2013-39; s. 11, ch. 2013-42; s. 30, ch. 2016-10; s. 5, ch. 2020-93; s. 34, ch. 2023-173; s. 18, ch. 2024-2; s. 22, ch. 2024-265; s. 8, ch. 2026-22. 288.017 Cooperative advertising matching grants program. (1) The Florida Tourism Industry Marketing Corporation is authorized to establish a cooperative advertising matching grants program and, pursuant thereto, to make expenditures and enter into contracts with local governments and nonprofit corporations for the purpose of publicizing the tourism advantages of the state. The department, based on recommendations from the corporation, shall have final approval of grants awarded through this program. (2) The total annual allocation of funds for this grant program may not exceed $40,000. Each grant awarded under the program shall be limited to no more than $2,500 and shall be matched by nonstate dollars. All grants shall be restricted to local governments and nonprofit corporations serving and located in municipalities having a population of 50,000 persons or less or in counties with an unincorporated area having a population of 200,000 persons or less. (3) The Florida Tourism Marketing Corporation shall conduct an annual competitive selection process for the award of grants under the program. In determining its recommendations for the grant awards, the corporation shall consider the demonstrated need of the applicant for advertising assistance, the feasibility and projected benefit of the applicant’s proposal, the amount of nonstate funds that will be leveraged, and such other criteria as the department deems appropriate. In evaluating grant applications, the department shall consider recommendations from the corporation. The department, however, has final approval authority for any grant under this section. History. — s. 1, ch. 91-218; s. 31, ch. 96-320; s. 131, ch. 2011-142; s. 35, ch. 2023-173. 288.018 Regional Rural Development Grants Program. (1)(a) For the purposes of this section, the term “regional economic development organization” means an economic development organization located in or contracted to serve a rural area of opportunity, as defined in s. 288.0656(2)(d). (b) The department shall establish a grant program to provide funding to regional economic development organizations for the purpose of building the professional capacity of those organizations. Building the professional capacity of a regional economic development organization includes hiring professional staff to develop, deliver, and provide needed economic development professional services, including technical assistance, education and leadership development, marketing, and project recruitment. Grants may also be used by a regional economic development organization to provide technical assistance to local governments, local economic development organizations, and existing and prospective businesses. (c) A regional economic development organization may apply annually to the department for a grant. The department is authorized to approve, on an annual basis, grants to such regional economic development organizations. The maximum amount an organization may receive in any year will be $50,000, or $250,000 for any three regional economic development organizations that serve an entire region of a rural area of opportunity designated pursuant to s. 288.0656(7) if they are recognized by the department as serving such a region. (2) In approving the participants, the department shall require the following: (a) Documentation of official commitments of support from each of the units of local government represented by the regional organization. (b) Demonstration that the organization is in existence and actively involved in economic development activities serving the region. (c) Demonstration of the manner in which the organization is or will coordinate its efforts with those of other local and state organizations. (3)(a) A contract or agreement that involves the expenditure of grant funds provided under this section, including a contract or agreement entered into between another entity and a regional economic development organization, a unit of local government, or an economic development organization substantially underwritten by a unit of local government, must include: 1. The purpose of the contract or agreement. 2. Specific performance standards and responsibilities for each entity under the contract or agreement. 3. A detailed project or contract budget, if applicable. 4. The value of any services provided. 5. The projected travel expenses for employees and board members, if applicable. (b) At least 14 days before executing a contract or agreement, the contracting regional economic development organization shall post on its website: 1. Any contract or agreement that involves the expenditure of grant funds provided under this section. 2. A plain language version of any contract or agreement that is estimated to exceed $35,000 with a private entity, a municipality, or a vendor of services, supplies, or programs, including marketing, or for the purchase or lease or use of lands, facilities, or properties which involves the expenditure of grant funds provided under this section. (4) The department may expend up to $750,000 each fiscal year from funds appropriated to the Rural Community Development Revolving Loan Fund for the purposes outlined in this section. History. — s. 32, ch. 96-320; s. 94, ch. 99-251; s. 9, ch. 2001-201; s. 15, ch. 2010-147; s. 132, ch. 2011-142; s. 30, ch. 2014-218; s. 2, ch. 2020-30; s. 36, ch. 2023-173; s. 1, ch. 2024-203. 288.019 Rural considerations in grant review and evaluation processes. Notwithstanding any other law, and to the fullest extent possible, the member agencies and organizations of the Rural Economic Development Initiative (REDI) as defined in s. 288.0656(6)(a) shall review all grant and loan application evaluation criteria to ensure the fullest access for rural counties as defined in s. 288.0656(2) to resources available throughout the state. (1) Each REDI agency and organization shall review all evaluation and scoring procedures and develop modifications to those procedures which minimize the impact of a project within a rural area. (2) Evaluation criteria and scoring procedures must provide for an appropriate ranking based on the proportionate impact that projects have on a rural area when compared with similar project impacts on an urban area. (3) Evaluation criteria and scoring procedures must recognize the disparity of available fiscal resources for an equal level of financial support from an urban county and a rural county. (a) The evaluation criteria should weight contribution in proportion to the amount of funding available at the local level. (b) In-kind match should be allowed and applied as financial match when a county is experiencing financial distress through elevated unemployment at a rate in excess of the state’s average by 5 percentage points or because of the loss of its ad valorem base. (4) For existing programs, the modified evaluation criteria and scoring procedure must be delivered to the department for distribution to the REDI agencies and organizations. The REDI agencies and organizations shall review and make comments. Future rules, programs, evaluation criteria, and scoring processes must be brought before a REDI meeting for review, discussion, and recommendation to allow rural counties fuller access to the state’s resources. History. — s. 10, ch. 2001-201; s. 22, ch. 2009-51; s. 133, ch. 2011-142. 288.021 Economic development liaison. (1) The heads of the Department of Transportation, the Department of Environmental Protection and an additional member appointed by the secretary of the department, the Department of Education, the Department of Management Services, the Department of Revenue, the Fish and Wildlife Conservation Commission, each water management district, and each Department of Transportation district office shall designate a high-level staff member from within such agency to serve as the economic development liaison for the agency. This person shall report to the agency head and have general knowledge both of the state’s permitting and other regulatory functions and of the state’s economic goals, policies, and programs. This person shall also be the primary point of contact for the agency with the department on issues and projects important to the economic development of Florida, including its rural areas, to expedite project review, to ensure a prompt, effective response to problems arising with regard to permitting and regulatory functions, and to work closely with the other economic development liaisons to resolve interagency conflicts. (2) Whenever it is necessary to change the designee, the head of each agency shall notify the Governor in writing of the person designated as the economic development liaison for such agency. History. — s. 14, ch. 92-277; s. 115, ch. 94-356; s. 33, ch. 96-320; s. 3, ch. 99-244; s. 85, ch. 99-245; s. 50, ch. 2010-5; s. 134, ch. 2011-142; s. 12, ch. 2011-213; s. 34, ch. 2012-96. 288.0251 International development outreach activities in Latin America and Caribbean Basin. The department may contract for the implementation of Florida’s international volunteer corps to provide short-term training and technical assistance activities in Latin America and the Caribbean Basin. The entity contracted under this section must require that such activities be conducted by qualified volunteers who are citizens of the state. The contracting agency must have a statewide focus and experience in coordinating international volunteer programs. History. — s. 9, ch. 86-139; s. 82,