reglab/statecodes huggingface dataset:
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-1 - TRAVEL AND ENTERTAINMENT › Section 73A-1.010 - Special Provisions for Educational Conferences and Conventions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1253(2) FS.
					 Law Implemented 288.1253
					 FS.
New 2-21-02, Formerly
					  27M-1.010, Repealed
					 6-11-18.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-1 - TRAVEL AND ENTERTAINMENT › Section 73A-1.011 - Entertainment Expenses (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1253(2) FS.
					 Law Implemented 288.1253
					 FS.
New 2-21-02, Formerly
					  27M-1.011, Repealed
					 6-11-18.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-1 - TRAVEL AND ENTERTAINMENT › Section 73A-1.012 - Operational and Promotional Advances (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1253(2) FS.
					 Law Implemented 288.1253
					 FS.
New 2-21-02, Formerly
					  27M-1.012, Repealed
					 6-11-18.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-1 - TRAVEL AND ENTERTAINMENT › Section 73A-1.013 - Complimentary Goods and Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior
				to accepting or using any complimentary travel, accommodations, meeting space,
				meals, equipment, transportation, or any other goods or services, the employee
				or representative must obtain authorization from the Department. To obtain
				authorization, the employee or representative must submit a written request
				with information and/or documentation that includes a detailed description of
				the offer, to include dates, itinerary, locations, and source of origin, to the
				Commissioner of Film and Entertainment. Submissions may be mailed to: State of
				Florida Department of Economic Opportunity, Office of Film and Entertainment,
				107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545.
				All submissions must contain a statement that the expenses were actually
				incurred as necessary travel or entertainment expenses in the performance of
				official duties of the Office of Film and Entertainment and a written
				declaration as to the truth and correctness of every material matter.
(2) Upon receipt, the Commissioner of Film
				and Entertainment or his/her designee will review the submission and make a
				determination as to whether the offered goods or services are necessary or
				beneficial to the performance of the duties and purpose of the Office of Film
				and Entertainment. If determined to be necessary or beneficial, the information
				and/or documentation will be forwarded by the Office of Film and Entertainment
				to the Department's designated Ethics Officer who will review the material and
				make a determination as to whether the request in any way conflicts with
				chapter 112, F.S. If the offered goods or services are determined not to be
				necessary or beneficial after review by the Commissioner of Film and
				Entertainment or his/her designee, the request will not be forwarded for review
				by the Department's Ethics Officer. The Office of Film and Entertainment and
				the Department's Ethics Officer or designee may require the requesting employee
				or representative to provide additional information and documentation as
				necessary to conduct the review.
The Department's decision to authorize or deny the request
				  will be communicated, in writing, to the requesting employee or representative.
				  All Department decisions on such requests are
				  final.
Rulemaking Authority
					 288.1253(2) FS.
					 Law Implemented 288.1253
					 FS.
New 2-21-02, Formerly
					  27M-1.013, Amended
					 6-11-18.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-1 - TRAVEL AND ENTERTAINMENT › Section 73A-1.014 - Receipts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1253(2) FS.
					 Law Implemented 288.1253
					 FS.
New 2-21-02, Formerly
					  27M-1.014, Repealed
					 6-11-18.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-1 - TRAVEL AND ENTERTAINMENT › Section 73A-1.015 - Exemption from State Contract Rates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1253(2) FS.
					 Law Implemented 288.1253
					 FS.
New 2-21-02, Formerly
					  27M-1.015, Repealed
					 6-11-18.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-2 - SPORTS INDUSTRY › Section 73A-2.002 - Decertification and Decertification Review for Spring Training Baseball Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.11621(8)
					 FS. Law Implemented 288.11621(5)
					 FS.
New 4-30-13, Repealed
					 3-12-17.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-2 - SPORTS INDUSTRY › Section 73A-2.003 - Certification for the Retention of Major League Baseball Spring Training Baseball Franchises (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.11631(6)
					 FS. Law Implemented 288.11631(2)
					 FS.
New 2-12-14, Repealed
					 3-12-17.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-2 - SPORTS INDUSTRY › Section 73A-2.004 - Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.11631(6)
					 FS. Law Implemented 288.11631
					 FS.
New 2-12-14, Repealed
					 3-12-17.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-2 - SPORTS INDUSTRY › Section 73A-2.005 - Professional Sports Franchises

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				application period for those applying for certification to receive funding as a
				facility for a new or retained professional sports franchise pursuant to
				section  288.1162, F.S., shall begin upon
				notice published by the Department in the Florida Administrative Register. In
				order to be considered for certification, an applicant must submit all
				information required under section
				 288.1162(4),
				F.S., to the Florida Sports Foundation as indicated in the published
				notice.
(2) An original hard copy
				and two electronic copies on CD of all information submitted pursuant to
				subsection (1) of this rule, must be submitted to the Florida Sports Foundation
				at the following address in order for an applicant to be considered for
				certification:
Florida Sports Foundation
Attention: President
101 N. Monroe Street, Suite 1000
Tallahassee, FL 32301
Phone: (850)922-4493
(3)
(a)
				Each applicant's submitted information will be evaluated by the Department and
				no applicant will receive certification until the Department is able to verify
				and the applicant is able to meet the requirements set forth in section
				 288.1162(4),
				F.S. Applicants must provide assistance to the Department and to the Florida
				Sports Foundation when verification is necessary.
(b) The Department may use the following
				methods of verifying the information submitted by an applicant:
1. Request more detailed information or
				explanation from the applicant in writing.
2. Examine all methods of the calculation
				used by an applicant.
3. Meet
				and/or discuss concerns with an applicant or its designated
				authority.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-2 - SPORTS INDUSTRY › Section 73A-2.006 - Motorsports Entertainment Complex Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) The application period for those applying
				for certification to receive funding as a motorsports entertainment complex
				pursuant to section  288.1171, F.S., shall begin upon
				notice published by the Department in the Florida Administrative Register. In
				order to be considered for certification, an applicant must submit all
				information required under section
				 288.1171(3),
				F.S., to the Florida Sports Foundation as indicated in the published
				notice.
(2) An original hard copy
				and two electronic copies on CD or flash drive, of all information submitted
				pursuant to subsection (1) of this rule must be submitted to the Florida Sports
				Foundation at the following address in order for an applicant to be considered
				for certification:
Florida Sports Foundation
Attention: President
101 N. Monroe Street, Suite 1000
Tallahassee, FL 32301
Phone: (850)922-4493
Fax: (850)922-0482
(3)
(a)
				Each applicant's submitted information will be evaluated by the Department and
				no applicant will receive certification until the Department is able to verify
				and the applicant is able to meet the requirements set forth in section
				 288.1171(3),
				F.S. Applicants must provide assistance to the Department and to the Florida
				Sports Foundation when verification is necessary.
(b) The Department may use the following
				methods of verifying the information submitted by an applicant:
1. Request more detailed information or
				explanation from the applicant in writing.
2. Examine all methods of the calculation
				used by an applicant.
3. Meet
				and/or discuss concerns with an applicant or its designated
				authority.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-2 - SPORTS INDUSTRY › Section 73A-2.007 - Sports Development Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.11625(14)
					 FS. Law Implemented 288.11625
					 FS.
New 6-21-16, Repealed pursuant to Section
					  120.536, F.S.,
					 7-1-21
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.001 - Definitions and Forms

Current through Reg. 50, No. 138; July 16, 2024
This section defines terms and phrases used throughout
				  chapter 73A-3, F.A.C. In this chapter, terms and phrases shall have the
				  meanings defined in section
				   288.1254, F.S., or in this
				  section. Terms and phrases not defined by statute or rule shall be construed
				  according to their plain meaning, and in all cases with the objective of
				  advancing the purpose of the rule in which they appear. All referenced forms
				  are available on the internet at
http://www.filminflorida.com
or may
				  be obtained from OFE.
(1) "Act" means
				section 28 of chapter 2010-147, Laws of Florida, codified at section
				 288.1254, F.S., (formerly known
				as the Don Davis Entertainment Industry Economic Development Act, chapter
				2007-125, Laws of Florida).
(2)
				"Agreement" means the standard "Assurance of Compliance Agreement" form OTTED
				1254-1 (12/10).
(3) "Applicant"
				means a Production company that seeks qualification and certification under the
				Act for allocation and award of tax credits.
(4) "Application" means the standard "Florida
				Entertainment Industry Financial Incentive Application" form OTTED 1254-2
				(12/10).
(5) "Award Letter" means
				the standard "Florida Entertainment Industry Financial Incentive Program Award
				Decision Letter" form OTTED 1254-3 (12/10), signed by DEO and provided to the
				Certified Production.
(6)
				"Certification Letter" means the standard "Florida Entertainment Industry
				Financial Incentive Program Certification Decision Letter" form OTTED 1254-4
				(12/10), signed by DEO and provided to the Certified Production.
(7) "Commercial and Music Video Queue" means
				the queue of Certified Productions, other than those eligible for the General
				Production Queue or the Independent and Emerging Media Production
				Queue.
(8) "Declaration of Florida
				Residency Form" means the standard "Florida Entertainment Industry Financial
				Incentive Program Declaration of Florida Residency" form OTTED 1254-5
				(12/10).
(9) "Florida Worker" means
				a person who is either:
(a) A legal resident
				of the State, as demonstrated by a valid Florida driver's license or other
				State-issued identification accompanied by a completed and signed Declaration
				of Florida Residency Form; or
(b) A
				student enrolled full-time in a film-and-entertainment-related course of study
				at an institution of higher education in the State.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.002 - Application Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(3)
					 FS.
New 12-30-10, Formerly
					  27M-5.002, Repealed
					 2-14-17.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.003 - Qualification Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(3),
					 288.1254(4)
					 FS.
New 12-30-10, Formerly
					  27M-5.003, Repealed
					 2-14-17.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.004 - Certification Decision Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(3)
					 FS.
New 12-30-10, Formerly
					  27M-5.004, Repealed
					 2-14-17.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.005 - Verification of Actual Qualified Expenditures

Current through Reg. 50, No. 138; July 16, 2024
(1) After all Qualified Expenditures have
				been made, the Certified Production shall hire an independent Florida-based and
				Florida-licensed Certified Public Accountant (CPA) of the Certified
				Production's choosing, at the Certified Production's expense, to verify the
				Qualified Expenditures.
(2) After
				the CPA verifies the actual Qualified Expenditures, the Certified Production
				Company shall submit to OFE a final report, which shall include:
(a) The CPA's compliance audit.
(b) A letter from the CPA outlining its
				verification procedures.
(c) Proof
				the CPA has been fully paid. Such payment shall not be considered a Qualified
				Expenditure.
(d) A final report on
				the agreed upon procedures by the CPA determining the amount of Qualified
				Expenditures incurred by the Certified Production.
(e) Qualified Expenditures broken out by
				type: accounts payable to Florida Qualified Vendors, petty cash, and Florida
				Worker payroll (the latter being provided as separate files for the cast, crew,
				and extras and including Declaration of Florida Residency Forms, OTTED 1254-5
				(12/10), which is hereby incorporated by reference)).
(f) A completed Summary Statement (form OTTED
				1254-8 (12/10), which is hereby incorporated by reference) signed by an
				authorized officer of the Certified Production company.
(g) A copy of all data substantiating the
				Qualified Expenditures (receipts, invoices, cancelled checks, payroll records,
				etc.). Any substantiation which OFE considers not a Qualified Expenditure will
				be returned to the Certified Production Company for written rebuttal. If no
				written rebuttal is received within 10 business days, the expenses will not be
				considered a Qualified Expenditure. If written rebuttal is submitted within the
				required 10 business days, OFE will review the written rebuttal and, in the
				event OFE's decision remains the same, the rebuttal will be referred to the
				Department for final determination.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.006 - Withdrawal of Tax Credit Eligibility

Current through Reg. 50, No. 138; July 16, 2024
The Department shall withdraw the tax credit eligibility of a
				  Certified Production that does not continue on a Reasonable Schedule. Failure
				  to provide information requested by the Department to demonstrate progression
				  on a Reasonable Schedule shall result in certification being withdrawn and the
				  loss of tax credit eligibility.
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(4)(c)
					 FS.
New 12-30-10, Formerly
					  27M-5.006.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.007 - Award of Tax Credit

Current through Reg. 50, No. 138; July 16, 2024
(1) OFE shall review
				the accountant's final report, submitted under subsection
				 73A-3.005(2),
				F.A.C., and then report to the Department the final verified amount of actual
				Qualified Expenditures made by the Certified Production.
(2) The Department shall determine and
				approve the final tax credit award amount to each Certified Production. The
				Department shall document its award using the Award Letter (form OTTED 1254-3
				(12/10), which is hereby incorporated by reference), the original of which the
				Department shall send to each Qualified Applicant, with a copy to the
				Department of Revenue.
(3) The
				final tax credit award amount may not exceed the maximum tax credit award
				amount certified, neither per fiscal year nor in the aggregate. The Award
				Letter shall specify the fiscal year(s) in which the awarded credits may be
				applied against tax liability.
(4)
				Awarded tax credits may later be revoked or forfeited as provided in section
				 288.1254(9),
				F.S.
(5) Award decisions shall be
				subject to review under chapter 120, F.S.
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(3)(f),
					 288.1254(9)
					 FS.
New 12-30-10, Formerly
					  27M-5.007.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.008 - Election of Tax Credits

Current through Reg. 50, No. 138; July 16, 2024
(1) Within fourteen
				(14) days after receipt of the Award Letter, the awardee shall file with the
				Department a completed Tax Credit Election Form (form OTTED 1254-9 (12/10),
				which is hereby incorporated by reference), which shall constitute an
				irrevocable election to apply the tax credit against taxes due under chapter
				220, F.S., against taxes collected or accrued under chapter 212, F.S., or
				against a stated combination of the two taxes.
(2) Within fourteen (14) days after the
				Department receives a completed Tax Credit Election Form, the Department shall
				provide a copy of the form to the Department of Revenue.
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(4)(d)
					 FS.
New 12-30-10, Formerly
					  27M-5.008.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-3 - ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM › Section 73A-3.009 - Transfer of Tax Credits

Current through Reg. 50, No. 138; July 16, 2024
(1) A Recipient
				electing to transfer credits shall apply for the transfer using the Tax Credit
				Transfer Form (form OTTED 1254-10 (12/10), which is hereby incorporated by
				reference).
(2) Within fourteen
				(14) days after the receipt of a completed Tax Credit Transfer Form, the
				Department shall determine whether transfer is authorized under section
				 288.1254(5),
				F.S., and, if it so authorized, provide a copy of the form to the Department of
				Revenue.
Rulemaking Authority
					 288.1254(8) FS.
					 Law Implemented 288.1254(5)
					 FS.
New 12-30-10, Formerly
					  27M-5.009.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-4 - APPORTIONMENT BY SALES FACTOR › Section 73A-4.001 - Definitions and Forms

Current through Reg. 50, No. 138; July 16, 2024
The following capitalized terms have the meanings indicated.
				  Referenced forms are available on the Internet at
http://www.floridajobs.org
or
				  may be obtained from the Division.
(1)
				"Applicant" means a taxpayer that applies to qualify as eligible to apportion
				its adjusted federal income under section
				 220.153, F.S.
(2) "Application" means the "Apportionment by
				Sales Factor Application" form DSBD 153-2,
http://www.flrules.org/Gateway/reference.asp?No=Ref-02874
,
				effective 4/2012, which is hereby incorporated by reference.
(3) "Division" means the Department of
				Economic Opportunity, Division of Strategic Business Development, which is
				located at the address: 107 East Madison Street, Mail Station 80, Caldwell
				Building, Tallahassee, Florida 32399.
(4) "Notice of Intent" means the "Notice of
				Intent to Apply for Apportionment by Sales Factor" form DSBD 153-1,
http://www.flrules.org/Gateway/reference.asp?No=Ref-02873
,
				effective 4/2012, which is hereby incorporated by
				reference.
Rulemaking Authority
					 220.153(5) FS.
					 Law Implemented 220.153
					 FS.
New 7-30-13.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-4 - APPORTIONMENT BY SALES FACTOR › Section 73A-4.002 - Qualification Process

Current through Reg. 50, No. 138; July 16, 2024
(1) An Applicant
				must submit a Notice of Intent, form DSBD 153-1, to the Division in order to
				commence the two year period for measuring qualified capital
				expenditures.
(2) The Division
				shall acknowledge in writing receipt of the Applicant's Notice of Intent to
				apply and specify that the two year period for submitting the Application has
				commenced.
(3) The Division shall
				have ten (10) business days to review each Application for completeness and to
				notify any Applicant in writing if the Division determines that it is
				incomplete. The Division's notice shall specify the reasons for its
				determination, and the Applicant shall have fifteen (15) business days after
				receipt of such notice to submit a revised Application to the Division. If the
				Applicant fails to submit a revised Application within the required time, the
				Division shall notify the Applicant in writing that it is not approved. The
				Division shall notify the Florida Department of Revenue of any approved
				Application.
Rulemaking Authority
					 220.153(5) FS.
					 Law Implemented 220.153
					 FS.
New 7-30-13.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-5 - SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM › Section 73A-5.001 - Applicability and Limitations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.194(8) FS.
					 Law Implemented 220.194
					 FS.
New 1-1-14, Repealed
					 2-24-21.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-5 - SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM › Section 73A-5.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.194(8) FS.
					 Law Implemented 220.194
					 FS.
New 1-1-14, Repealed
					 2-24-21.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-5 - SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM › Section 73A-5.003 - Tables (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.194(8) FS.
					 Law Implemented 220.194
					 FS.
New 1-1-14, Repealed
					 2-24-21.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-5 - SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM › Section 73A-5.004 - Application for Approval to Earn Tax Credits or to Create Transferable Tax Credits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.194(8) FS.
					 Law Implemented 220.194
					 FS.
New 1-1-14, Repealed
					 2-24-21.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-5 - SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM › Section 73A-5.005 - Application for Certification Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.194(8) FS.
					 Law Implemented 220.194
					 FS.
New 1-1-14, Repealed
					 2-24-21.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73A-5 - SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM › Section 73A-5.006 - Revocation or Modification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 220.194(8) FS.
					 Law Implemented 220.194
					 FS.
New 1-1-14, Repealed
					 2-24-21.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73AER23 - EMERGENCY RULE FOR YEAR 2023 › Section 73AER23-1 - Local Government Emergency Bridge Loan Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions
(a) Act means the bill enacting section
				288.066 of the Florida Statutes.
(b) Applicant means a county or municipality
				located in an area designated in the Federal Emergency Management Agency
				disaster declarations for Hurricane Ian or Hurricane Nicole. A county may also
				apply on behalf of a county school district.
(c) Governmental Operations means costs
				associated with continuing, expanding, or modifying local governmental
				operations to meet disaster-related needs, and includes costs such as, but not
				necessarily limited to, staff salaries and payroll. This term does not include
				capital and equipment costs associated with the construction, repair, or
				renovation of damaged public facilities or infrastructure.
(d) Maturity means when the principal balance
				of the loan becomes due.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73A - Division of Economic Development › Chapter 73AER23 - EMERGENCY RULE FOR YEAR 2023 › Section 73AER23-2 - Local Government Emergency Revolving Bridge Loan Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions
(a) Applicant means a county or municipality
				located in an area designated in the Federal Emergency Management Agency
				disaster declarations. A county may also apply on behalf of a county school
				district that is in an area designated in the Federal Emergency Management
				Agency disaster declaration.
(b)
				Department means the Florida Department of Commerce.
(c) Governmental Operations means costs
				associated with continuing, expanding, or modifying local governmental
				operations to meet disaster-related needs, and includes costs such as, but not
				necessarily limited to, staff salaries and payroll. This term does not include
				capital and equipment costs associated with the construction, repair, or
				renovation of damaged public facilities or infrastructure.
(d) Maturity means when the principal balance
				of the loan becomes due.
(e)
				Disaster means any occasion or instance for which the Federal Emergency
				Management Agency issues a disaster declaration.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.003 - WIA, WT and WtW Hearing and Appeals Chart

Current through Reg. 50, No. 138; July 16, 2024
The terms "complaint" and "grievance" are used
				  interchangeably. The chart below summarizes and identifies the WIA, WT, and WtW
				  grievances, complaints, and hearing and appeal actions that shall be filed with
				  the regional workforce board (RWB), the Department of Economic Opportunity
				  (DEO), or U. S. Department of Labor (USDOL), as appropriate according to rule
				  chapter 73B, F.A.C.
Hearing/Appeal Issue
Local Hearing/
Appeal
State Hearing/
Appeal
Federal Hearing/
Appeal
Denial or Termination of Eligibility as a Training
							 Provider (WIA)
Yes
Yes
No
Denial of Eligibility as an OJT or Customized
							 Training Provider by a One-Stop Operator (WIA)
Yes
Yes
No
RWB Substantial Violation (WIA)
No
Yes
Yes
RWB Performance Failure/Sanctions (WIA)
No
Yes
Yes
Participant Sanctioned for Using Controlled
							 Substances (WIA)
Yes
Yes
No
WtW Gender Discrimination
Yes
Yes
Yes
WtW Health and Safety Complaint
Yes
Yes
Yes
Displacement of Regular Employee or Program
							 Participant (WIA, WT, WtW)
Yes
Yes
Yes
Sanction for Non-Compliance with Work Activities
							 (WT/TANF)
Yes
Yes
No
Rulemaking Authority
					 20.60,
					 120.54(6),
					 445.004 FS. Law Implemented
					 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.003.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.004 - Process for Filing Grievances and Complaints with RWBs

Current through Reg. 50, No. 138; July 16, 2024
(1) The WIA, WT and WtW laws and regulations
				require that the One-Stop partners, service providers, participants, and other
				interested parties affected by the local Workforce/One-Stop System have the
				right to file a grievance and complaint.
(2) These grievances and complaints shall be
				filed at the local level using the procedures established by the individual
				RWB.
(3) The RWB shall receive,
				review, and attempt to informally resolve the initial WIA, WT, and WtW
				grievance and complaint. If the grievance and complaint cannot be resolved
				informally, then a hearing shall be held and a decision issued within the
				required sixty (60) calendar days from receipt of complaint or
				grievance.
Rulemaking Authority
					 20.60,
					 120.54(6),
					 445.004 FS. Law Implemented
					 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.004.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.005 - Grievance and Complaint Hearing Process at RWB Level

Current through Reg. 50, No. 138; July 16, 2024
(1) After the RWB has received and reviewed
				the complaint, the local Workforce Board shall schedule a hearing, and notify
				the grievant or complainant by certified mail, return receipt, at a minimum of
				fifteen (15) calendar days prior to the hearing. The hearing notice shall
				advise the following:
(a) The date, time, and
				place of the hearing;
(b) The
				pertinent sections of the WIA, WT and WtW, or any other federal regulations
				involved;
(c) Affected parties may
				present witnesses or documentary evidence at the hearing;
(d) Affected parties may be represented at
				the hearing by an attorney or other representative; and,
(e) The RWB shall issue its decision within
				sixty (60) calendar days from receipt of the grievance or
				complaint.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.006 - The Appeal of RWB Decisions or Lack of Action

Current through Reg. 50, No. 138; July 16, 2024
(1) If the RWB has:
a) conducted a hearing but the grievant or
				complainant is dissatisfied with or has been adversely affected by the
				decision;
b) not conducted a hearing
				within the sixty (60) calendar days from receipt of the grievance and
				complaint; or
c) conducted the
				hearing but has not issued a decision within the mandated sixty (60) calendar
				day timeframe, then the grievant or complainant may file an appeal with the
				Department of Economic Opportunity (DEO).
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.007 - Appeal and Review of RWB Decisions by the State

Current through Reg. 50, No. 138; July 16, 2024
(1) This section applies to appeals of RWB
				decisions filed with DEO.
(2)
				Within five (5) working days of receipt of an appeal notice, the DEO agency
				head or his or her designee shall notify each party that an appeal has been
				filed. Each party shall have fifteen (15) calendar days from the date of the
				notice to submit written argument and provide supporting documentation. Only
				unaltered, verbatim transcripts of the original hearing evidence and other
				proof introduced at the initial hearing will be considered for purposes of the
				appeal.
(3) Subject to section
				 57.081, F.S., the party
				submitting the transcript shall bear all expenses of the transcription and
				deliver a copy of the transcript to the agency head and the opposing party. If
				a stenographer authorized to administer oaths has not recorded the proceedings
				and prepared the transcript, an exact copy of the tape recording, video, or
				other recording must also be delivered to the agency head and the parties,
				along with the transcript. The party submitting the transcript and the
				recording must include a certification that the transcript is verbatim and the
				recording is of the entire proceeding and has not been altered. The agency head
				will not consider a transcript when the foregoing procedure has not been
				followed.
(4) A party desiring
				exemption from the subsection (3), above, shall file a certification of
				indigency as prescribed in Section
				 57.081, F.S. The certification
				shall be filed with Department of Economic Opportunity, Agency Clerk, Office of
				the General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida
				32399-4128.
(5) Upon receipt of the
				certification, the Agency Clerk shall obtain the transcript from the
				RWB.
(6) Agency decisions shall be
				issued as follows:
(a) Based upon the review
				of the record, the agency head or his or her designee shall issue a decision
				within sixty (60) calendar days of receipt of the request for review.
(b) Except a decision shall be issued within
				30 calendar days of receipt of a complaint or grievance related to WtW activies
				that involves: gender discrimination, as prescribed in  20 CFR 645.255(b);
				health and safety standards established under State and Federal laws that are
				applicable to similarly employed employees, of the same employer, who are not
				participants in WtW programs, as prescribed at  20 CFR 645.260  ; or displacement
				of WtW participants or regular employees, as prescribed at  20 CFR
				645.265.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.008 - State Level Original Grievance and Complaint Hearing Process for WIA, WT and WtW Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Any individual
				or entity, including the RWB, adversely affected by a decision or action by DEO
				may file a grievance or complaint. The grievance or complaint shall be filed
				with Department of Economic Opportunity, Office of General Counsel, 107 E.
				Madison Street, MSC #110, Tallahassee, Florida 32399-4128.
(2) At the state level, the agency head or
				his or her designee is the presiding officer and shall conduct all hearings of
				original state level complaints.
(3) The agency head of the Department of
				Economic Opportunity, or his or her designee, will hear initial complaints or
				grievances regarding actions taken or decisions made by the state
				administrative agency. Upon receipt, the state shall review and attempt to
				informally resolve the WIA, WT, or WtW grievance and complaint. The agency head
				or his or her designee will review the grievance and complaint and contact the
				grievant or complainant within five (5) working days of receipt of complaint.
				The agency head or designee shall contact the parties and proceed with the
				informal resolution process.
(4) If
				the grievance or complaint cannot be resolved informally, then the agency head
				or designee will act as presiding officer and hear the grievance or
				complaint.
(5) The hearing notice
				shall be provided at least fifteen (15) calendar days prior to the hearing and
				shall advise the following:
(a) The date,
				time, and place of the hearing;
(b)
				The pertinent sections of the WIA, WT, and WtW, or any other federal
				regulations involved;
(c) Affected
				parties may present witnesses or documentary evidence at the hearing;
(d) Affected parties may be represented at
				the hearing by an attorney or other representative; and,
(e) The parties will receive the decision
				within sixty (60) calendar days from receipt of the grievance or complaint,
				except as prescribed in rule paragraph (7)(b), below.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.009 - Remedies

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) As
				specified in 42 USCA section
				603(a)(5)(I)(iv), the
				remedies that may be imposed under WtW complaints relating to displacement,
				health and safety, and gender discrimination shall include:
1. Suspension or termination of payments
				under the WtW program;
2.
				Prohibition of placement of participant with an employer that has violated any
				of the prohibitions against: gender discrimination, as prescribed in  20 CFR
				645.255(b); health and safety standards established under State and Federal
				law which are applicable to similarly employed employees, of the same employer,
				who are not participants in WtW programs, as prescribed at  20 CFR 645.260  ; and
				displacement of other employees, as prescribed at  20 CFR 645.265  ;
				and,
3. Where applicable,
				reinstatement of an employee, payment of lost wages and benefits, and
				reestablishment of other relevant terms, conditions, and privileges of
				employment, where applicable; and,
4. Where appropriate, other equitable
				relief.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.010 - Judicial Appeal of a Final State Agency Decision

Current through Reg. 50, No. 138; July 16, 2024
(1) A grievant or complainant may appeal a
				final order issued by DEO if the grievant or complainant is dissatisfied with
				or has been adversely affected by the final decision.
(2) A judicial appeal must be filed within
				thirty (30) calendar days of the rendition of the state's decision. The final
				order issued by DEO shall be dated on the day it is mailed. The period for
				judicial review will run from the date the order is mailed. The final order
				shall include a notice of the opportunity to file for judicial review,
				including directions for filing the appeal. Rules 9.110 and 9.190, Florida
				Rules of Appellate Procedure, set forth the procedures for an individual to
				appeal a final state agency decision or action.
(3) The appeal shall be commenced by filing a
				notice of appeal conforming to the requirements of Rule 9.110(d), Florida Rules
				of Appellate Procedure, accompanied with the appropriate filing fee.
(4) The notice of appeal shall be filed with
				the Agency Clerk, Department of Economic Opportunity, Office of General
				Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida
				32399-4128.
Rulemaking Authority
					 20.60,
					 120.54(6),
					 445.004 FS. Law Implemented
					 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.010.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.012 - Federal Level Appeal Process

Current through Reg. 50, No. 138; July 16, 2024
(1) As an
				alternate to filing an appeal under rule
				 73B-1.010, F.A.C., within sixty
				(60) days of the receipt of the final decision by the state agency, the party
				which such decision has adversely impacted may appeal to the Secretary of the
				United States Department of Labor, U.S. Department of Labor, 200 Constitution
				Ave., N.W., Washington D.C., 20210. A copy of the appeal must be simultaneously
				provided to the appropriate USDOL Regional Administrator and the opposing
				party.
(2) As provided in the WIA
				regulations, 20 CFR Section
				667.610, if the RWB or the state has not
				issued a decision within the required sixty (60) calendar day timeframe, the
				grievant or complainant can file an appeal with the USDOL. The appeal must be
				filed with USDOL no later than one hundred and twenty (120) calendar days of
				the filing of the grievance with the State, or the filing of the appeal of a
				local grievance with the State. A copy of the appeal must be simultaneously
				provided to the appropriate Regional Administrator and the opposing
				party.
(3)
(a) A local area that has been found in
				substantial violation of WIA Title I, pursuant to
				20 CFR
				667.650, and which has received a notice from
				the Governor that either all or part of the local plan will be revoked or that
				a reorganization will occur, has the right to appeal such sanctions to the
				Secretary of the U.S. Department of Labor under WIA Section 184 (b).
(b) These appeals shall be filed no later
				than thirty (30) days after receipt of written notification of the revoked plan
				or imposed reorganization. A copy of the appeal must be simultaneously provided
				to the Governor, in care of the Executive Director, and to the Agency Clerk,
				Department of Economic Opportunity, Office of General Counsel, 107 E. Madison
				Street, MSC #110, Tallahassee, Florida 32399-4128.
(c) The Request for Review or Appeal must be
				submitted by certified mail, return receipt to: Secretary, U.S. Department of
				Labor, Washington, D.C. 20210, Attention ASET.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.013 - Complaint Procedures Related to Wagner-Peyser Job Service Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) Background and Underlying State and
				Federal Policy. Federal regulations at  20 CFR Part 658, Subpart E, provide that
				each state shall establish and maintain a job service complaint system, which
				includes procedures at the local, State and Federal levels.
(2) As provided in  29 CFR Part 34, Wagner-Peyser participants have the right to file discrimination complaints
				against the Department of Economic Opportunity (DEO) or its employees or
				complaints alleging discrimination by an employer, as follows:
(a) Complaints involving an employer in
				another state or another state agency;
(b) Complaints involving more than one
				office, another One-Stop Center, or statewide system;
(c) Complaints involving the violation of the
				Job Service Regulations by an office or One-Stop Center;
(d) Complaints involving the violation of an
				employment related law by an employer; and,
(e) Complaints involving a violation of the
				terms and conditions of a job order by an employer.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.015 - Reporting Criminal Fraud and Abuse, Discrimination, Health and Safety, and Employment Complaints and Violation

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Criminal fraud and abuse, discrimination, health and safety, and employment,
				complaints that violate federal laws, regulations, and directives are handled
				differently than the program related complaints/grievances handled by local and
				state hearing and appeal procedures.
(2) Reporting Criminal Fraud and Abuse.
(a) The process for filing complaints and
				reports of criminal fraud and abuse are prescribed in
				20 CFR
				667.630. Complaints/reports shall be reported
				immediately to the USDOL Office of Inspector General, Office of Investigations,
				Room S5514, 200 Constitution Avenue, N.W., Washington, DC 20210.
(b) The complaint or report can also be
				mailed to the USDOL South East Regional Inspector General for Investigations,
				Office of Investigations, Sam Nunn Atlanta Federal Center, 61 Forsyth Street,
				S.W., Suite 6T1, Atlanta, Georgia 30303 with a copy simultaneously provided to
				the Employment and Training Administration.
(c) Reports or complaints alleging criminal
				fraud and abuse may also be reported through USDOL's Hotline at
				1(800)347-3756.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.016 - Reporting WIA, WT, WtW, and Wagner-Peyser Discrimination Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1) WIA Section
				20 CFR
				667.275(a) requires that
				recipients of WIA funds comply with federal nondiscrimination and other
				applicable equal opportunity laws. (See WIA Section 188 and 29 CFR part
				37.)
(2) Guidance, found at  20 CFR
				645.255, provides that participants in Welfare-to-Work programs have the same
				rights that apply to any federal, state or local law that prohibits
				discrimination. Guidance, found at
				20 CFR
				652.8(j), prohibits
				discrimination against applicants for or recipients of Wagner-Peyser program
				services.
(3) Under Wagner-Peyser,
				discrimination complaints may be filed directly with a local-office equal
				opportunity representative, when such has been designated and trained, with the
				state agency having administrative responsibility for Wagner-Peyser programs,
				or with the Civil Rights Center, U.S. Department of Labor. (Reference:
				20 CFR
				658.411)
(4) As provided by Section
				 760.06, F.S., employees or
				applicants may also choose to file employment complaints with the Florida
				Commission on Human Relations.
Rulemaking Authority
					 20.60,
					 120.54(6),
					 445.004 FS. Law Implemented
					 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.016.