Title: Small Business Road Construction Mitigation Grant Program

Summary: Requiring the Department of Transportation to create a Small Business Road Construction Mitigation Grant Program; requiring the department to disburse grants to qualified businesses for the purpose of maintaining the businesses during a road construction project; providing that any grant awarded offsets any civil damages against the Department of Transportation, etc.

Full Text:
An act relating to the Small Business Road Construction Mitigation Grant Program; creating s. 339.28154, F.S.; providing legislative findings; requiring the Department of Transportation to create a Small Business Road Construction Mitigation Grant Program; defining the terms  construction mitigation zone  and  qualified business ; requiring the department to disburse grants to qualified businesses for the purpose of maintaining the businesses during a road construction project; limiting the amount of each grant; providing application and eligibility requirements; requiring the Department of Economic Opportunity to provide assistance under certain circumstances; providing for prioritization of awards; providing that any grant awarded offsets any civil damages against the Department of Transportation; requiring the Department of Transportation to submit a certain report to the Legislature and initiate rulemaking by specified dates; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 339.28154, Florida Statutes, is created to read: 339.28154   Small Business Road Construction Mitigation Grant Program.  (1)   The Legislature finds that it is in the best interest of the state to support small businesses that are negatively impacted by state road construction projects and to mitigate the negative impacts on such businesses. While the benefit of road construction and development by the state ultimately helps small business growth, small businesses may experience, in the short term, decreased revenue that may decrease economic activity, state revenue, and employment. (2)   The department shall, subject to legislative appropriation, create a Small Business Road Construction Mitigation Grant Program to provide support for qualified businesses that are impacted by state road construction projects. (3)   As used in this section, the term: (a)    Construction mitigation zone  means a geographic area with a high concentration of qualified businesses which is designated by the department as being impacted by a road construction project of the department. (b)    Qualified business  means an entity that: 1.   Is engaged in a for-profit business enterprise; 2.   Employs up to full-time or part-time employees; and 3.   Is located in a construction mitigation zone. (4)(a)   The department shall disburse grants to qualified businesses for the purpose of maintaining the businesses during a road construction project. (b)   The grant to each qualified business may not exceed the decline in revenue demonstrated by the business or $15,000 per calendar year, whichever is less. (c)   A qualified business may apply to the department for a grant only for a construction project lasting days or more. To be eligible for a grant, the qualified business must demonstrate in its application a significant decline in revenue, including timelines connecting the project to such decline in revenue, in a format and manner prescribed by the department. The Department of Economic Opportunity shall, upon request and at no cost to the applicant, assist an applicant in preparing documentation to demonstrate such decline. (5)   The department shall prioritize the awarding of each grant on a case-by-case basis using all of the following criteria: (a)   Rate of decline in revenue. (b)   Duration of construction. (c)   Proximity to construction. (d)   Severity of traffic disruption. (e)   Lack of access to parking. (f)   Lack of access for pedestrian traffic. (g)   Any other criteria the department determines to be relevant. (6)   Any grant received shall offset any damages awarded in a civil action against the department relating to the road construction project. (7)   On or before January 31, 2019, the department shall submit a report to the President of the Senate and the Speaker of the House of Representatives detailing best practices and methods to reduce the negative impacts of road construction projects on qualified businesses, including a list of recommendations. (8)   By August 31, 2018, the department shall initiate rulemaking to implement this section. Section 2. This act shall take effect July 1, 2018.