Meeting Packet - Commerce and Tourism, The Florida Senate (March 15, 2021)
Summary
A meeting packet for the Commerce and Tourism committee of The Florida Senate, for the meeting date Monday, March 15, 2021, with a customized agenda and an expanded agenda. Senator Hooper is listed as Chair and Senator Wright as Vice Chair. The agenda lists SB 1948 on the Department of Economic Opportunity, SB 1046 on arrest booking photographs, SB 1560 on broadband internet service, SB 302 on a Small Business Saturday Sales Tax Holiday and SB 1444, the Florida Small Manufacturing Business Recovery Act. The expanded agenda records Fav/CS on SB 1948 with Yeas 11 and Nays 0, and timestamped notes at the end record SB 1444 passing favorably before adjournment.
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Cite this document
“Meeting Packet - Commerce and Tourism, The Florida Senate (March 15, 2021).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-15-post-meeting-packet-4713-1987dcdf36/
, SHA-256 f08db7f1f2b80e4bfd826ed36ceecfd4be8ee66683c3dcb50cb8eabb6b29e2a8.Full text
Selection From: 03/15/2021 - Commerce and Tourism (3:30 PM - 6:00 PM) 2021 Regular Session
Customized 03/18/2021 12:16 PM
Agenda Order
SB 1948 by Bean (CO-INTRODUCERS) Bradley; (Identical to H 01463) Department of Economic
Tab 1
Opportunity
486480 A S RCS CM, Bean Delete L.564 - 729: 03/16 02:12 PM
SB 1046 by Bean (CO-INTRODUCERS) Baxley, Bradley; (Compare to CS/H 00755) Arrest Booking
Tab 2
Photographs
708560 A S RCS CM, Bean Delete L.50 - 66: 03/16 02:12 PM
Tab 3 SB 572 by Baxley; (Similar to H 00931) Engineers
Tab 4 CS/SB 574 by RI, Baxley; (Identical to H 00933) Fees/Professional Structural Engineer Licensing
Tab 5 SB 1560 by Ausley; (Identical to H 01339) Broadband Internet Service
186496 A S RCS CM, Ausley Delete L.193 - 275: 03/16 02:14 PM
510320 AA S RCS CM, Ausley Delete L.97 - 270: 03/16 02:14 PM
138988 AA S RCS CM, Gruters Delete L.105 - 112: 03/16 02:14 PM
Tab 6 SB 302 by Taddeo; (Similar to H 00637) Small Business Saturday Sales Tax Holiday
503806 A S RCS CM, Taddeo Delete L.41 - 49: 03/16 02:15 PM
Tab 7 SB 616 by Gruters; (Similar to H 00317) Public Accountancy
Tab 8 SB 1444 by Wright; (Identical to H 01161) Florida Small Manufacturing Business Recovery Act
Tab 9 SM 1544 by Pizzo; Free Trade Agreement/United States and United Kingdom
Tab 10 SB 2004 by Burgess; Broadband Internet
233844 A S RCS CM, Burgess btw L.80 - 81: 03/16 02:18 PM
Page 1 of 1
2021 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Hooper, Chair
Senator Wright, Vice Chair
MEETING DATE: Monday, March 15, 2021
TIME: 3:30—6:00 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Hooper, Chair; Senator Wright, Vice Chair; Senators Burgess, Diaz, Garcia, Gruters,
Hutson, Pizzo, Powell, Taddeo, and Torres
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
PUBLIC TESTIMONY WILL BE RECEIVED FROM ROOM A1 AT THE DONALD L.
TUCKER CIVIC CENTER, 505 W PENSACOLA STREET, TALLAHASSEE, FL 32301
1 SB 1948 Department of Economic Opportunity; Renaming the Fav/CS
Bean executive director of the Department of Economic Yeas 11 Nays 0
(Identical H 1463, Compare H Opportunity as the Secretary of Economic
1291, S 1640) Opportunity; revising the application process and
funding for development grants awarded by the
department to local governments; requiring the
department to implement an integrated modular
cloud-based system, rather than an integrated
Internet-based system, for the reemployment
assistance program; revising the timeline for
employers’ responses to notices of benefits claims
sent by the department, etc.
CM 03/15/2021 Fav/CS
AP
RC
2 SB 1046 Arrest Booking Photographs; Expanding the Fav/CS
Bean applicability of provisions relating to the dissemination Yeas 11 Nays 0
(Compare CS/H 755) of arrest booking photographs to include a person or
entity whose primary business model is the publishing
or dissemination of such photographs for a
commercial purpose or pecuniary gain, etc.
CJ 03/02/2021 Favorable
CM 03/15/2021 Fav/CS
RC
S-036 (10/2008)
03152021.1727 Page 1 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 15, 2021, 3:30—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
3 SB 572 Engineers; Prohibiting a person who is not licensed Favorable
Baxley as an engineer from using a specified name or title; Yeas 11 Nays 0
(Similar H 931, Compare H 933, prohibiting, after a specified date, a person who is not
Linked CS/S 574) a licensed professional structural engineer from using
specified names and titles or practicing professional
structural engineering; authorizing the Board of
Professional Engineers to refuse to certify an
applicant for a professional structural engineer license
for certain reasons; exempting certain applicants who
apply for licensure before a specified date from
having to pass a certain national examination, under
certain conditions; specifying acts that constitute
grounds for disciplinary action, including civil
penalties, against a professional structural engineer,
etc.
RI 03/01/2021 Favorable
CM 03/15/2021 Favorable
RC
4 CS/SB 574 Fees/Professional Structural Engineer Licensing; Favorable
Regulated Industries / Baxley Authorizing the Board of Professional Engineers to Yeas 11 Nays 0
(Identical H 933, Compare H 931, establish fees relating to professional structural
Linked S 572) engineer licensing; requiring applicants to pay a
specified fee in order to be eligible to receive a
professional structural engineer license, etc.
RI 03/01/2021 Fav/CS
CM 03/15/2021 Favorable
AP
5 SB 1560 Broadband Internet Service; Revising the duties of Fav/CS
Ausley the Florida Office of Broadband within the Department Yeas 11 Nays 0
(Identical H 1339, Compare CS/H of Economic Opportunity; requiring the office to
753) develop geographic information system maps in
collaboration with specified entities and consistent
with certain federal reporting standards by a specified
date; requiring the department to annually update
such maps and establish a mechanism to receive and
verify governmental and public input related to
broadband Internet service; establishing the
Broadband Deployment Task Force within the office
for a specified purpose; requiring the office to
establish a process to identify eligible households to
receive federal Emergency Broadband Benefit
Program funds under certain circumstances, etc.
CM 03/15/2021 Fav/CS
ATD
AP
S-036 (10/2008)
03152021.1727 Page 2 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 15, 2021, 3:30—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
6 SB 302 Small Business Saturday Sales Tax Holiday; Defining Fav/CS
Taddeo the term “small business”; providing that small Yeas 11 Nays 0
(Similar H 637) businesses are not required to collect the sales and
use tax on the retail sale of certain items of tangible
personal property during a specified timeframe;
authorizing the Department of Revenue to adopt
emergency rules, etc.
CM 03/15/2021 Fav/CS
FT
AP
7 SB 616 Public Accountancy; Requiring that certain applicants Favorable
Gruters not be licensed in any state or territory in order to be Yeas 11 Nays 0
(Similar H 317) licensed by endorsement; requiring that a majority of
the hours required for continuing education include
specific content; authorizing certain Florida certified
public accountants to apply to the Department of
Business and Professional Regulation to have their
license placed in a retired status, etc.
RI 03/01/2021 Favorable
CM 03/15/2021 Favorable
RC
8 SB 1444 Florida Small Manufacturing Business Recovery Act; Favorable
Wright Creating the "Florida Small Manufacturing Business Yeas 11 Nays 0
(Identical H 1161) Recovery Act"; requiring the Department of Economic
Opportunity to accept applications for certification of
relief funds and relief contributions in a specified
manner; prohibiting the department from approving
more than a specified amount of relief investment
authority and relief contributions; authorizing
applicants whose applications were denied to provide
additional information within a certain timeframe to
cure defects in their applications; authorizing
nonrefundable tax credits for owners of tax credit
certificates issued by the department, etc.
CM 03/15/2021 Favorable
FT
AP
9 SM 1544 Free Trade Agreement/United States and United Favorable
Pizzo Kingdom ; Commending Congress for granting trade Yeas 11 Nays 0
promotion authority to the executive branch, urging
the executive branch to negotiate a comprehensive
and mutually beneficial free trade agreement between
the United States and the United Kingdom, and
urging Congress to ratify such agreement, etc.
CM 03/15/2021 Favorable
RC
S-036 (10/2008)
03152021.1727 Page 3 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 15, 2021, 3:30—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
10 SB 2004 Broadband Internet; Requiring the Florida Office of Fav/CS
Burgess Broadband’s strategic plan to include short-term and Yeas 11 Nays 0
long-term goals for increasing the availability of and
access to broadband Internet service in this state;
requiring the updated plan to be submitted to the
Governor, the Chief Justice of the Supreme Court,
and the Legislature by a specified date; requiring the
office to provide technical and planning assistance
related to broadband infrastructure to rural
communities, etc.
CM 03/15/2021 Fav/CS
CA
RC
Other Related Meeting Documents
S-036 (10/2008)
03152021.1727 Page 4 of 4
The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 4, 2021
I respectfully request that Senate Bill #1948, relating to Department of Economic Opportunity,
be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Aaron Bean
Florida Senate, District 4
File signed original with committee office S-020 (03/2004)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROO
The Florida Senate
03/15/2021 APPEARANCE RECORD SB 1948
Meeting Date Bill Number (if applicable)
Topic SB 1948 - Department of Economic Opportunity Amendment Barcode (if applicable)
Name Dane Eag|e
Job Title Executive Director
Address 10? E. Madison Street, Caldwell Building Phone (850) 245-7298
Street
Tallahassee FL 32399 Email Dane.Eagle@deo.myflorida.com
City State Z/p
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Department of Economic Opportunity
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes |No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
YOU MUST PRINT A D DELIVER THIS FORM TO THE ASSIG ED TESTI ONY ROO
The Florida Senate
3/15/2021 APPEARANCE RECORD 1948
Meeting Date Bill Number (if applicable)
Topic Department of Economic Opportunity Am ndment Barcode (if applicable)
Name Karen Woodall
Job Title Executive Director
Address 579 E. Call St Phone 850-321-9386
Street
Tallahassee Fl 32301 Email fcfep@yahoo.co
City Sfate Zip
Speaking: |l |For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida center for Fiscal & Economic Policy
Appearing at request of Chair: Yes Inq Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this eeting. S-001 {10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Amendment Barcode (if applicable)
Topic
Name „
Job Title
Address Phone.
Street
Email
City state Zip
Speaking: P/jPor | | Against | | Information Waive Speaking: | | In Support Ag inst
(The Chair will read this information into the record.)
Representing
Yes o Lobbyist registered with Legislature Yes No
Appearing at request of Chair:
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak ay be asked to li it thei re arks so that as many persons as possible can be heard.
Thia its nart nf tha nnhli iWMIvi for this meetinO. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1948
INTRODUCER: Commerce and Tourism Committee and Senators Bean and Bradley
SUBJECT: Department of Economic Opportunity
DATE: March 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. AP
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
SB 1948 modifies provisions related to the Department of Economic Opportunity (DEO),
including:
Changing the title for the head of the DEO from “Executive Director” to the “Secretary of
Economic Opportunity;”
Creating the Office of Economic Accountability and Transparency within the DEO;
Adding the Secretary of Economic Opportunity or his or her designee to the Enterprise
Florida Board of Directors and the CareerSource Board of Directors;
Authorizing local governments applying for grants under the Community Development
Block Grant (CDBG) program to participate in more than one grant category;
Increasing the percentage of CDBG funding that the DEO may set aside annually for use in
local government jurisdictions when an emergency or natural disaster has been declared by
executive order;
Removing provisions that limit the number of grant applications a local government may
submit during each CDBG application cycle;
Requiring local governments to expedite the approval of building permits applied for by
contractors on behalf of a property owner participating in the CDBG-Disaster Recovery
program;
Allowing regional workforce boards to conduct level 2 background screenings;
Modifying a provision making domestic violence claimants ineligible for RA benefits if they
refuse an employer’s reasonable accommodation;
BILL: CS/SB 1948 Page 2
Requiring the DEO, for fiscal year 2021-2022, to modernize the RA system as provided in
the General Appropriations Act;
Removing the requirement that RA appeals referees be Florida attorneys; and
Imposing a 5 year statute of limitations on RA appeals.
The bill takes effect upon becoming a law.
II. Present Situation:
The Department of Economic Opportunity
The DEO was created in 2011 by combining the Agency for Workforce Innovation, the
Department of Community Affairs, and the Governor’s Office of Tourism, Trade, and Economic
Development.1 The head of the DEO is the executive director, who is appointed by the Governor
and confirmed by the Senate.2 The purpose of the DEO is to formulate and implement policies
designed to promote economic opportunities for Floridians.3
The Community Development Block Grant Program
The Community Development Block Grant (CDBG) Program was created by Title I of the
Housing and Community Development Act of 1974.4 The CDBG program works to ensure
decent affordable housing, to provide services to the most vulnerable in our communities, and to
create jobs through the expansion and retention of businesses.5
Florida Small Cities Community Development Block Grant Program
The DEO administers the Small Cities CDBG program and distributes funds to eligible non-
entitlement communities.6 To be eligible, a city must have a population under 50,000, and a
county’s population must be under 200,000.7 The program awards subgrants in economic
development, neighborhood revitalization, housing rehabilitation, and commercial
revitalization.8 Currently, the DEO may annually set aside 5 percent of CDBG funds for use in
local government jurisdictions for which an emergency or natural disaster has been declared by
executive order.9
1
See ch. 2011-142, Laws of Fla.
2
Section 20.60(2), F.S.
3
See s. 20.60(4), F.S.
4
The Department of Economic Opportunity, Community Development Block Grant Program, available at
https://floridajobs.org/community-planning-and-development/assistance-for-governments-and-organizations/community-
development-block-grant-program (last visited March 16, 2021).
5
Id. See also s. 290.044, F.S.
6
The Department of Economic Opportunity, Florida Small Cities Development Block Grant Program, available at
https://floridajobs.org/community-planning-and-development/assistance-for-governments-and-organizations/florida-small-
cities-community-development-block-grant-program (last visited March 16, 2021).
7
The Department of Economic Opportunity, Community Development Block Grant Program, available at
https://floridajobs.org/community-planning-and-development/assistance-for-governments-and-organizations/community-
development-block-grant-program (last visited March 16, 2021).
8
Id.
9
Section 290.044(5), F.S.
BILL: CS/SB 1948 Page 3
Except for applications for economic development, an eligible local government may only
submit one application for a grant during each application cycle.10 Additionally, if economic
development funds remain available after the application cycle closes, the remaining funds must
be awarded to eligible projects on a first-come, first served basis.11
Disaster Recovery
The Community Development Block Grant – Disaster Recovery (CDBG-DR) program is a
federally funded program administered by the U.S. Department of Housing and Urban
Development that is designed to address housing, infrastructure, economic development, and
mitigation needs that remain after other assistance has been exhausted.12
The DEO administers the CDBG-DR program through its Division of Community
Development’s Office of Long-Term Resiliency.13 Currently, single-family residential housing
repair and replacement projects are underway for Florida residents whose homes still have
unrepaired damage from Hurricanes Hermine, Matthew, Irma, and Michael.14 These projects
must comply with the Florida Building Code Act by applying for and receiving Florida building
permits.15 A building permit for a single-family residential home must be issued within 30 days
of application.16
Enterprise Florida, Inc.
Enterprise Florida, Inc., (EFI) serves as the principle economic development organization for the
state.17 Among its numerous duties, EFI markets the state for business creation, expansion, and
retention.18 Additionally, EFI contracts with the DEO to manage some of the various programs
housed in the Division of Strategic Business Development.19
Workforce Development Boards
Twenty-four local workforce development boards (local boards) deliver Florida’s workforce
development services through over 100 one-stop service providers.20 The one-stop service
providers give Floridians access to available workforce services; including job placement, career
10
See s. 290.046(2)(a),F.S. An eligible local government may apply up to three times in any one annual funding cycle for an
economic development grant but may not receive more than one such grant per annual funding cycle. A local government
may have more than one open economic development grant.
11
Section 290.046(3)(b), F.S.
12
The Department of Economic Opportunity, Office of Disaster Recovery, available at
https://www.floridajobs.org/community-planning-and-development/assistance-for-governments-and-organizations/disaster-
recovery-initiative (last visited March 16, 2021).
13
Id.
14
See Id.
15
See s. 553.79, F.S.
16
See s. 553.79(14), F.S.
17
Section 288.901(2), F.S.
18
Id.
19
Id. See also s. 20.60(a), F.S.
20
Florida Department of Economic Opportunity, CareerSource Florida Network Directory, http://lcd.floridajobs.org/ (last
visited March 16, 2021).
BILL: CS/SB 1948 Page 4
counseling, and skills training.21 Each local board formulates a local budget and oversees the
one-stop delivery system within its local area.22
Background Screening
An employer23 may not hire, select, or otherwise allow an employee to have contact with a
vulnerable person24 that would place the employee in a role that requires a background screening
until the screening process is completed and demonstrates the absence of any grounds for the
denial or termination of employment.25 If the screening process shows any grounds for the denial
or termination of employment, the employer may not hire, select, or otherwise allow the
employee to have contact with any vulnerable person that would place the employee in a role
that requires background screening unless the employee is granted an exemption for
disqualification by the agency26 as provided under s. 435.07, F.S.27
Sections 435.03 and 435.04, F.S., outline the screening requirements. There are two levels of
background screening.
Level 1 screening includes, at a minimum, employment history checks and statewide
criminal correspondence checks through the Florida Department of Law Enforcement
(FDLE) and a check of the Dru Sjodin National Sex Offender Public Website,28 and may
include criminal records checks through local law enforcement agencies.29
Level 2 screening includes, but, is not limited to, fingerprinting for statewide criminal history
records checks through the FDLE and national criminal history checks through the Federal
Bureau of Investigation (FBI), and may include local criminal records checks through local
law enforcement agencies.30
Reemployment Assistance
Florida’s unemployment insurance program was created by the Legislature in 1937.31 The
program was rebranded as the “reemployment assistance (RA) program” in 2012.32 The DEO is
responsible for administering the program, and the DEO contracts with the Florida Department
21
See s. 445.009, F.S.
22
Section 445.007(12), F.S.
23
Section 435.02(3), F.S., defines “employer” as any person or entity required by law to conduct screening of employees
pursuant to ch. 435, F.S.
24
Section 415.102(28), F.S., defines “vulnerable adult” as a person 18 years of age or older whose ability to perform the
normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional,
sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
25
Section 435.06(2)(a), F.S.
26
Section 435.02(1), F.S., defines “agency” as any state, county, or municipal agency that grants licenses or registration
permitting the operation of an employer, or is itself an employer, or that otherwise facilitates the screening of employees
pursuant to ch.435, F.S. If there is no state agency or the municipal or county agency chooses not to conduct employment
screening, “agency” means the Department of Children and Families.
27
Section 435.06(2)(a), F.S.
28
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and
tribal sex offender registries in one national search site. Available at https://www.nsopw.gov/ (last visited March 16, 2021).
29
Section 435.03(1), F.S.
30
Section 435.04(1)(a), F.S.
31
Chapter 18402, Laws of Fla.
32
Chapter 2012-30, Laws of Fla.
BILL: CS/SB 1948 Page 5
of Revenue (DOR), as the tax collection service provider, for the collection of unemployment
taxes.33
Work Search Requirement
To receive RA benefits, a claimant must meet certain monetary and non-monetary eligibility
requirements. Key eligibility requirements involve a claimant’s earnings during a certain period
of time, the manner in which the claimant became unemployed, and the claimant’s efforts to find
new employment.34
A claimant must meet certain requirements in order to be eligible for benefits for each week of
unemployment.35 For example, each week an individual is required to contact at least five
prospective employers (three prospective employers if the individual resides in a small county)
or report to a One-Stop Career Center for reemployment services.36
Domestic Violence37 Victims
Sometimes victims of domestic violence must leave their jobs due to the impact that the violence
has had on their lives. Employers are required to permit an employee to request and take up to 3
working days of leave from work in any 12-month period if the employee or a family or
household member of an employee is the victim of domestic violence or sexual violence.38
Except in cases of imminent danger to the health or safety of the employee, or a family or
household member, an employee seeking leave from work must provide his or her employer with
appropriate advance notice of the leave as required by the employer’s policy along with
sufficient documentation of the act of domestic violence or sexual violence as required by the
employer.39 An employer must keep all information relating to an employee’s leave
confidential.40 Additionally, an employer may not fire, demote, suspend, retaliate, or otherwise
discriminate against an individual for taking leave.41
Employees who voluntarily leave their job are not typically qualified to receive RA benefits.42
However, an individual will not be disqualified for voluntarily leaving work due to
circumstances directly related to domestic violence.43
33
Section 443.1316, F.S.
34
See s. 443.091, F.S.
35
Id.
36
Id. For the entire list of requirements and exceptions. A “small county” is defined in s. 120.52(19), F.S., as any county that
has an unincarcerated population of 75,000 or less according to the most recent decennial census.
37
“’Domestic violence’ means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of
one family or household member by another family or household member.” s. 741.28, F.S.
38
Section 741.313, F.S.
39
Id.
40
Id.
41
Id.
42
See s. 443.101(1)(a), F.S.
43
See s. 443.101(1)(a)2.c., F.S.
BILL: CS/SB 1948 Page 6
An individual who voluntarily leaves work due to domestic violence must:
Make reasonable efforts to preserve employment, unless the individual establishes that such
efforts are likely to be futile or increase the risk of future incidents of domestic violence;44
Provide evidence such as an injunction, a protective order, or other documentation authorized
by state law, which reasonably proves that domestic violence has occurred; and
Reasonably believe that he or she is likely to be the victim of a future act of domestic
violence at, in transit to, or departing from his or her place of employment.45
The CONNECT System
Florida’s unemployment system is administered by the DEO using the CONNECT system,
which was deployed in 2013 to provide a modernized, web-based system and to replace a
mainframe system.46 According to ISF, an information technology and strategy firm who
completed an assessment of the CONNECT system between November 2020 and February 2021,
the CONNECT system was not designed to process the volume of claims received during the
COVID-19 pandemic.47 ISF analyzed ways to improve the delivery of RA benefits, including a
phased approach to ensure the DEO can meet current and future demands.48 ISF’s assessment
provides an overview of the current state of the CONNECT system, and recommends the
modernization of the RA system, which includes cloud migration.49
On May 4, 2020, at the request of Governor DeSantis, the Office of the Chief Inspector General
(CIG) initiated a review of the CONNECT system.50 The scope of the CIG’s review considered
available documentation and testimony about the CONNECT system from the period of 2007 to
2020.51 The CIG’s recommendations in the draft report included the following:
Documenting future Information Technology (IT) system capacity requirements and
expected utilization in system testing plans and test results;
Assessing the proposed level of maturity of any state transfer or commercial off-the-shelf
system relied upon for risk and properly document the risk;
Monitoring what is being provided by the vendor and build in an escape plan and financial
penalties for noncompliance;
Requiring project management to be flat and agile, which may include considering more
modular IT projects to accommodate future and rapid technological changes; and
44
Efforts to preserve employment may include seeking a protective injunction, relocating to a secure place, or seeking
reasonable accommodation from the employing unit, such as a transfer or change of assignment. See Id.
45
An individual who is otherwise eligible for RA benefits under s. 443.101, F.S., is ineligible for each week that he or she no
longer meets the qualifying criteria or refuses a reasonable accommodation offered in good faith by his or her employing
unit. See Id.
46
The Florida Department of Economic Opportunity, Improved Delivery of Reemployment Assistance Benefits – Final Report
at 1 (Feb. 26, 2021), available at http://floridajobs.org/docs/default-source/communicationsfiles/2021-improved-delivery-of-
reemployment-assistance-benefits-final-report-and-cost-benefit-analysis.pdf (last visited March 16, 2021).
47
Id. at 2.
48
Id.
49
Id.
50
Office of the Chief Inspector General, Review of the Department of Economic Opportunity Florida CONNECT System at iii
(March 4, 2021), available at https://www.flgov.com/wp-content/uploads/2021/03/202005040015-Draft-Report-
3.4.21_2.05pm.pdf (last visited March 16, 2021).
51
Id.
BILL: CS/SB 1948 Page 7
Strengthening administrative and physical infrastructure needs, which may include moving
the future CONNECT system to the cloud to allow for greater scalability.52
Appeals Process
The DEO issues determinations and redeterminations on the monetary and non-monetary
eligibility requirements of RA benefits.53 Determinations and redeterminations are statements by
the DEO regarding the application of law to an individual’s eligibility for benefits or the effect of
the benefits on an employer’s tax account.54 A party who believes a determination is inaccurate
may request reconsideration and the DEO must review the information on which the request is
based and issue a redetermination.55
If a party disagrees with either the determination or redetermination, the applicant or employer
may request an administrative hearing before an appeals referee.56 An appeals referee must be an
attorney in good standing with the Florida Bar.57 Appeals referees in the DEO’s Office of
Appeals hold hearings and issue decisions to resolve disputes related to eligibility for RA
benefits and the payment and collection of RA taxes.58
A decision by an appeals referee can be appealed to the RA Appeals Commission.59 The
commission may affirm, modify, remand with instructions, or reverse the determination made by
the appeals referee based on evidence previously submitted in the case or additional evidence
taken at the direction of the commission.60 However, the commission may also assume
jurisdiction of a case prior to completion of proceedings by an appeals referee.61
A party to an appeal who disagrees with the commission’s order may seek review of the decision
in the Florida district courts of appeal.62 The notice of appeal should be filed either in the district
court of appeal in the appellate district in which a claimant resides or the job separation arose or
in the appellate district where the order was issued.63 If the notice of appeal is filed with the
commission, then the appeal will be filed in the district court of appeal in the appellate district
where the order was issued.64
52
Id.
53
Section 443.151(3), F.S. The Social Security Act requires states to offer “an opportunity for a fair hearing before an
impartial tribunal, for all individuals whose claims for unemployment compensation are denied.” 42 U.S.C. 503(a)(3).
54
See s. 443.151, F.S.
55
Id.
56
Id.
57
Id.
58
See s. 443.151(4), F.S.
59
See s. 443.151(c), F.S.
60
Id.
61
Id.
62
See s. 443.151(e), F.S.
63
Id.
64
Id.
BILL: CS/SB 1948 Page 8
III. Effect of Proposed Changes:
The Department of Economic Opportunity
Section 1 amends s. 20.60, F.S., to change the title for the head of the DEO from “Executive
Director” to the “Secretary of Economic Opportunity.”
The bill provides that the secretary may appoint deputy and assistant secretaries as necessary.
The bill establishes the Office of the Secretary and the Office of Economic Accountability and
Transparency.
The bill provides that the Office of Economic Accountability and Transparency must do the
following:
Oversee the DEO’s critical objectives and make sure the DEO’s key objectives are clearly
communicated to the public;
Organize the DEO’s resources, expertise, data, and research to focus on and solve the
complex economic challenges facing the state;
Provide leadership for the DEO’s priority issues that require integration of policy,
managements, and critical objectives from multiple programs and organizations internal and
external to the department;
Promote and facilitate key DEO initiatives to address priority economic issues and explore
data and identify opportunities for innovative approaches to address such economic issues;
and
Promote strategic planning for the DEO.
The bill authorizes the secretary to create offices within the Office of the Secretary and within
the divisions established in s. 20.60(3)(a), F.S., to promote efficient and effective operation of
the DEO.
The bill provides that the secretary must appoint and oversee a director for each division
established in s. 20.60(3)(a), F.S.
Enterprise Florida
Section 2 amends s. 288.901, F.S., to add the secretary or his or her designee to the Enterprise
Florida Board of Directors.
Florida Small Cities Community Development Block Grant Program
Section 3 amends s. 290.042, F.S., to provide that the definition of “administrative costs” has the
same meaning as defined in the Housing and Community Development Act of 1974.65
65
See 42 U.S.C. § 5305, which describes activities that are eligible for assistance under the Community Development section
of the act. The section provides that reasonable administrative costs related to establishing and administering federally
approved enterprise zones and payment of reasonable administrative costs and carrying charges related to administering the
HOME program under Title II of the Cranston-Gonzalez National Affordable Housing Act and the planning and execution of
community development and housing activities, including the provision of information and resources to residents of areas in
which community development and housing activities are to be concentrated with respect to the planning and execution of
BILL: CS/SB 1948 Page 9
Section 4 amends s. 290.044, F.S., to provide that applicants applying for CDBGs are authorized
to participate in more than one grant category.66
The bill increases the percentage of CDBG funds that the DEO may set aside annually for use in
local government jurisdictions for which an emergency or natural disaster has been declared by
executive order from 5 percent to 15 percent.
The bill removes the requirement that in the last quarter of the state fiscal year, the DEO must
distribute any funds not allocated under the emergency-related set-aside to unfunded
applications.
Section 5 amends s. 290.046, F.S., to remove provisions that limit the number of grant
applications a local government may submit during each CDBG cycle.
The bill removes the requirement that unused economic development grant funds be awarded on
a first come first serve basis.
The bill provides that the DEO may prohibit an applicant from receiving a grant or may penalize
an applicant in the rating of a current application if the DEO determines that any applicant has
failed to substantially accomplish the results it proposed in previously funded applications.
Section 13 amends s. 553.79, F.S., to require local governments to issue a building permit for a
single-family residential home within 15 working days after receipt of the application when the
permit is applied for by a contractor licensed in Florida on behalf of a property owner who
participates in a CDBG-DR program.
Workforce Development Boards and CareerSource
Section 7 amends s. 435.02, F.S., to change the definition of “specified agency” to include
regional workforce boards providing services defined in s. 445.002(3), F.S.,67 which will allow
regional workforce development boards to conduct level 2 background screenings.
such activities, and including the carrying out of activities as described in section 701(e) of the Housing Act of 1954 are
eligible for assistance. See also s. 290.047, F.S., which provides that the maximum percentage of block grant funds that can
be spent on administrative costs by an eligible local government is 15 percent for the housing rehabilitation program, 8
percent for both the neighborhood and the commercial revitalization program categories, and 8 percent for the economic
development program category.
66
The bill provides that the applicable grant categories include housing rehabilitation, economic development, neighborhood
revitalization, commercial revitalization, and any other activity authorized by federal law.
67
Section 445.002(3), F.S., defines “services and one-time payments” or “services,” when used in reference to individuals
who are not receiving temporary cash assistance, as meaning nonrecurrent, short-term benefits designed to deal with specific
crisis situation or episode of need and other services; work subsidies; supportive services such as child care information
referral; transitional services, job retention, job advancement, and other employment-related services; nonmedical treatment
for substance abuse or mental health problems; teen pregnancy prevention; two-parent family support, including noncustodial
parent employment; court-ordered supervised visitation, and responsible fatherhood services; and any other services that are
reasonably calculated to further the purposes of the welfare transition program.
BILL: CS/SB 1948 Page 10
Section 12 amends s. 445.004, F.S., to add the secretary or his or her designee to the
CareerSource Florida, Inc. Board of Directors.
Reemployment Assistance
Section 8 amends s. 443.091, F.S., to remove the requirement that RA claimants must include
phone numbers of prospective employers in their weekly work search report.
The bill clarifies that the term “address” means a website address, a physical address, or an email
address.
Section 9 amends s. 443.101, F.S., to remove a provision providing that a domestic violence
claimant is ineligible to receive RA benefits for each week that he or she no longer meets the
criteria under s.443.101(1)(a)2.c., F.S., or if they refuse an employer’s reasonable
accommodation.
Section 10 amends s. 443.1113, F.S., to require the DEO, for Fiscal Year 2021-2022, to
modernize the RA system as provided in the General Appropriations Act.
The bill provides that the system may be cited as the “Reemployment Assistance Claims and
Benefits Information System” (system).
The bill establishes that the system must do the following:
Be accessible through the Internet;
Be accessible on mobile devices and personal computers;
Process RA claims;
Process benefit payment;
Monitor for and manage the collection of overpayments;
Perform adjudication functions;
Process appeals and manage appeal hearings; and
Manage and process employer charging.
The bill provides that wherever cost effective and operationally feasible, the system must enable
and enhance online, self-service capabilities. The DEO must seek input and recommendations on
RA system enhancements from the following entities:
The Florida Digital Service with the Department of Management Services;
The General Tax Administration Program Office with the Department of Revenue; and
The Division of Accounting and Auditing within the Department of Financial Services.
The bill requires that by October 1, 2023, the DEO must submit a RA Claims and Benefits
Information System report to the Governor, the President of the Senate, and the Speaker of the
House of Representatives, which must include, a summary of maintenance, enhancement, and
modernization efforts over the last fiscal year and a 3-year outlook of recommended
enhancements or modernization efforts that includes projected costs and timeframes for
completion.
BILL: CS/SB 1948 Page 11
The bill removes obsolete language.
Section 11 amends s. 443.151, F.S., to require an employer68 to respond to a notice of claim
within 14 days after the mailing date of the notice, or in lieu of mailing, within 14 days after the
delivery of the notice.69
The bill provides that a RA claimant may file a request for the DEO to reconsider a monetary
determination within 20 days after the DEO mails the notice to the claimant’s last known
address, or in lieu of mailing, within 20 days after delivery of the notice.
The bill provides that a monetary redetermination is final for a claimant unless within 20 days
after the mailing of the notice of monetary redetermination to the claimant’s last known address,
or in lieu of mailing, within 20 days after delivery of the notice, the claimant files an appeal.
The monetary determination or monetary redetermination is final for an employer or other party
entitled to notice unless within 20 days after the mailing or, in lieu of mailing, within 20 days
after delivery of the notice, an appeal is filed by an employer or other party.
The bill removes the requirement that an appeals referee be an attorney in good standing with the
Florida bar.
The bill establishes a 5 year statute of limitations on appeals.70
Miscellaneous
Section 6 amends s. 331.3081, F.S., to update a cross reference.
Sections 14-52 amends ss. 14.20195, 16.615, 20.04, 213.053, 220.194, 288.005, 288.061,
288.0656, 288.106, 288.1089, 288.1251, 288.8014, 288.955, 288.9604, 288.987, 290.0065,
311.09, 311.105, 334.065, 373.4149, 380.045, 403.0752, 420.0005, 420.0006, 420.101, 420.503,
420.504, 420.506, 420.507, 420.511, 420.602, 420.609, 420.622, 427.012, 443.1116, 446.53,
450.261, 624.5105, 1004.015, F.S., respectively, to make conforming changes to provisions
made by the bill.
Effective Date
Section 53 provides that the bill takes effect upon becoming a law.
68
“Employer” is referring to the claimant’s most recent employing unit and all employers whose employment records are
liable for benefits under the monetary determination.
69
Currently, under s. 443.151(a), F.S., employers are given 20 days to respond to a notice of claim.
70
The bill provides that an appeal may not be filed more than 5 years after the date of the mailing of a determination or, if the
determination is not mailed, more than 5 years after the date of the delivery of the determination.
BILL: CS/SB 1948 Page 12
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Section 1 of the bill authorizes the secretary of the DEO to create offices within the Office of the
Secretary established in the bill, and offices within the divisions established in s. 20.60(3), F.S.
Section 20.04(3), F.S., provides that departments in the executive branch are internally structured
as follows: department, division, bureau, section. Section 20.04(7)(b), F.S., provides that new
bureaus, sections, and subsections of departments may be initiated by a department and
established as recommended by the Department of Management Services and approved by the
Executive Office of the Governor, or may be established by specific statutory enactment. Though
BILL: CS/SB 1948 Page 13
some of the new offices are established by specific statutory enactment in the bill, the ability to
create other offices may be subject to the provisions of s. 20.04(7)(b), F.S.
VIII. Statutes Affected:
The bill substantially amends the following sections of the Florida Statutes: 20.60, 288.901,
290.042, 290.044, 290.046, 331.3081, 435.02, 443.091, 443.101, 443.1113, 443.151, 445.004,
553.79, 14.20195, 16.615, 20.04, 213.053, 220.194, 288.005, 288.061, 288.0656, 288.106,
288.1089, 288.1251, 288.8014, 288.955, 288.9604, 288.987, 290.0065, 311.09, 311.105,
334.065, 373.4149, 380.045, 403.0752, 420.0005, 420.0006, 420.101, 420.503, 420.504,
420.506, 420.507, 420.511, 420.602, 420.609, 420.622, 427.012, 443.1116, 446.53, 450.261,
624.5105, 1004.015.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 15, 2021:
The committee substitute requires the DEO, for Fiscal Year 2021-2022, to modernize the
reemployment assistance (RA) system as provided in the General Appropriations Act. It
clarifies that the RA system must efficiently distribute benefits and effectively manage
and operate the RA program, which includes monitoring and managing the collection of
overpayments.
The committee substitute clarifies that the DEO must perform an annual review of the
RA system and identify ways to improve the delivery of services, and requires a
summary of maintenance, enhancement, and modernization efforts over the last fiscal
year and a 3-year outlook of recommended changes to be included in the RA Claims and
Benefits Information System report. The committee substitute provides that the DEO
must seek input and recommendations on RA system enhancements from specified
entities.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1948
Ì4864803Î486480
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Bean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 564 - 729
4 and insert:
5 Section 10. Section 443.1113, Florida Statutes, is amended
6 to read:
7 443.1113 Reemployment Assistance Claims and Benefits
8 Information System.—
9 (1) The Department of Economic Opportunity shall maintain a
10 system for the efficient distribution of benefits and the
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11 effective operation and management of the reemployment
12 assistance program. The To the extent that funds are
13 appropriated for each phase of the Reemployment Assistance
14 Claims and Benefits Information system may be cited by the
15 Legislature, the Department of Economic Opportunity shall
16 replace and enhance the functionality provided in the following
17 systems with an integrated Internet-based system that is known
18 as the “Reemployment Assistance Claims and Benefits Information
19 System” and must:
20 (a) Be accessible through the Internet Claims and benefit
21 mainframe system.
22 (b) Be accessible on mobile devices and personal computers
23 Florida unemployment Internet direct.
24 (c) Process reemployment assistance claims Florida
25 continued claim Internet directory.
26 (d) Process benefit payments Call center interactive voice
27 response system.
28 (e) Monitor for and manage the collection of overpayments
29 Benefit overpayment screening system.
30 (f) Perform adjudication functions Internet and Intranet
31 appeals system.
32 (g) Process appeals and manage appeal hearings.
33 (h) Manage and process employer charging.
34 (2) Wherever cost-effective and operationally feasible, the
35 Reemployment Assistance Claims and Benefits System shall
36 accomplish the following main business objectives:
37 (a) Wherever cost-effective and operationally feasible,
38 Eliminate or automate existing paper processes and enhance any
39 existing automated workflows in order to expedite customer
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40 transactions and eliminate redundancy.
41 (b) Enable and enhance online, self-service capabilities
42 access to claimant and employer information and federal and
43 state reporting.
44 (c) Integrate benefit payment control with the adjudication
45 program and collection system in order to improve the detection
46 of fraud.
47 (d) Comply with all requirements established in federal and
48 state law for reemployment assistance.
49 (e) Integrate with the Department of Revenue’s statewide
50 unified tax system that collects reemployment assistance taxes.
51 (3) The scope of the Reemployment Assistance Claims and
52 Benefits Information System does not include any of the
53 following functionalities:
54 (a) Collection of reemployment assistance taxes.
55 (b) General ledger, financial management, or budgeting
56 capabilities.
57 (c) Human resource planning or management capabilities.
58 (4)(a) The Department of Economic Opportunity shall perform
59 an annual review of the system and identify enhancements or
60 modernization efforts that improve the delivery of services to
61 claimants and employers and reporting to state and federal
62 entities.
63 (b) The Department shall seek input on recommended
64 enhancements from, at a minimum, the following entities:
65 1. The Florida Digital Service within the Department of
66 Management Services.
67 2. The General Tax Administration Program Office within the
68 Department of Revenue.
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69 3. The Division of Accounting and Auditing within the
70 Department of Financial Services.
71 (5) By October 1, 2023, and each year thereafter, the
72 Department of Economic Opportunity shall submit a Reemployment
73 Assistance Claims and Benefits Information System report to the
74 Governor, the President of the Senate, and the Speaker of the
75 House of Representatives. The report must, at a minimum,
76 include:
77 (a) A summary of maintenance, enhancement, and
78 modernization efforts over the last fiscal year.
79 (b) A 3-year outlook of recommended enhancements or
80 modernization efforts that includes projected costs and
81 timeframes for completion The project to implement the
82 Reemployment Assistance Claims and Benefits Information System
83 is comprised of the following phases and corresponding
84 implementation timeframes:
85 (a) No later than the end of fiscal year 2009-2010
86 completion of the business re-engineering analysis and
87 documentation of both the detailed system requirements and the
88 overall system architecture.
89 (b) The Reemployment Assistance Claims and Benefits
90 Internet portal that replaces the Florida Unemployment Internet
91 Direct and the Florida Continued Claims Internet Directory
92 systems, the Call Center Interactive Voice Response System, the
93 Benefit Overpayment Screening System, the Internet and Intranet
94 Appeals System, and the Claims and Benefits Mainframe System
95 shall be deployed to full operational status no later than the
96 end of fiscal year 2013-2014.
97 (5) The Department of Economic Opportunity shall implement
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98 the following project governance structure until such time as
99 the project is completed, suspended, or terminated:
100 (a) The project sponsor for the Reemployment Assistance
101 Claims and Benefits Information System project is the
102 department.
103 (b) The project shall be governed by an executive steering
104 committee composed of the following voting members or their
105 designees:
106 1. The executive director of the department.
107 2. The executive director of the Department of Revenue.
108 3. The director of the Division of Workforce Services
109 within the department.
110 4. The program director of the General Tax Administration
111 Program Office within the Department of Revenue.
112 5. The chief information officer of the department.
113 (c) The executive steering committee has the overall
114 responsibility for ensuring that the project meets its primary
115 objectives and is specifically responsible for:
116 1. Providing management direction and support to the
117 project management team.
118 2. Assessing the project’s alignment with the strategic
119 goals of the department for administering the reemployment
120 assistance program.
121 3. Reviewing and approving or disapproving any changes to
122 the project’s scope, schedule, and costs.
123 4. Reviewing, approving or disapproving, and determining
124 whether to proceed with any major project deliverables.
125 5. Recommending suspension or termination of the project to
126 the Governor, the President of the Senate, and the Speaker of
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127 the House of Representatives if it determines that the primary
128 objectives cannot be achieved.
129 (d) The project management team shall work under the
130 direction of the executive steering committee and shall be
131 minimally comprised of senior managers and stakeholders from the
132 department and the Department of Revenue. The project management
133 team is responsible for:
134 1. Providing daily planning, management, and oversight of
135 the project.
136 2. Submitting an operational work plan and providing
137 quarterly updates to that plan to the executive steering
138 committee. The plan must specify project milestones,
139 deliverables, and expenditures.
140 3. Submitting written monthly project status reports to the
141 executive steering committee which include:
142 a. Planned versus actual project costs;
143 b. An assessment of the status of major milestones and
144 deliverables;
145 c. Identification of any issues requiring resolution, the
146 proposed resolution for these issues, and information regarding
147 the status of the resolution;
148 d. Identification of risks that must be managed; and
149 e. Identification of and recommendations regarding
150 necessary changes in the project’s scope, schedule, or costs.
151 All recommendations must be reviewed by project stakeholders
152 before submission to the executive steering committee in order
153 to ensure that the recommendations meet required acceptance
154 criteria.
155 Section 11. For the 2021-2022 fiscal year, the Department
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156 of Economic Opportunity shall take actions to modernize the
157 Reemployment Assistance Claims and Benefits Information System
158 as provided in the General Appropriations Act.
159
160 ================= T I T L E A M E N D M E N T ================
161 And the title is amended as follows:
162 Delete lines 39 - 57
163 and insert:
164 circumstances; amending s. 443.1113, F.S.; requiring
165 the department to maintain an effective and efficient
166 system relating to the reemployment assistance
167 program; revising the functions and objectives of the
168 Reemployment Assistance Claims and Benefits
169 Information System; requiring the department to
170 perform an annual review of the system; requiring the
171 department to seek input from certain state entities
172 when performing such review; requiring the department
173 to submit an annual report to the Governor and the
174 Legislature beginning on a specified date; providing
175 requirements for such report; deleting obsolete
176 language; requiring for the 2021-2022 fiscal year that
177 the department take actions to modernize the system as
178 directed in the General Appropriations Act; amending
179 s. 443.151, F.S.; revising the
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Florida Senate - 2021 SB 1948 Florida Senate - 2021 SB 1948
By Senator Bean
4-01074D-21 20211948__ 4-01074D-21 20211948__
1 A bill to be entitled 30 “specified agency” to include certain regional
2 An act relating to the Department of Economic 31 workforce boards for the purposes of labor laws;
3 Opportunity; amending s. 20.60, F.S.; renaming the 32 amending s. 443.091, F.S.; revising the reporting
4 executive director of the Department of Economic 33 requirements for reemployment assistance benefit
5 Opportunity as the Secretary of Economic Opportunity; 34 eligibility; defining the term “address”; amending s.
6 authorizing the secretary to appoint deputy and 35 443.101, F.S.; deleting a provision providing that
7 assistant secretaries for a specified purpose; 36 individuals who voluntarily leave work as a direct
8 establishing the Office of the Secretary and the 37 result of circumstances relating to domestic violence
9 Office of Economic Accountability and Transparency; 38 are ineligible for benefits under certain
10 providing duties for the Office of Economic 39 circumstances; amending s. 443.1113, F.S.; requiring
11 Accountability and Transparency; authorizing the 40 the department to implement an integrated modular
12 secretary to create offices within the Office of the 41 cloud-based system, rather than an integrated
13 Secretary and within the divisions; requiring the 42 Internet-based system, for the reemployment assistance
14 secretary to appoint division directors; providing 43 program; revising the functions and objectives of the
15 duties for the division directors; conforming 44 Reemployment Assistance Claims and Benefits
16 provisions to changes made by the act; amending s. 45 Information System; deleting obsolete language;
17 288.901, F.S.; revising the membership of the board of 46 requiring the department to maintain a sustainable
18 directors of Enterprise Florida, Inc.; amending s. 47 culture of continuous modernization and to maintain a
19 290.042, F.S.; revising the definition of the term 48 specified reemployment assistance governance
20 “administrative costs” relating to the Florida Small 49 structure; requiring the system to be governed by the
21 Cities Community Development Block Grant Program Act; 50 Reemployment Assistance Modernization Strategic
22 amending s. 290.044, F.S.; revising the application 51 Planning Office; providing duties of the office;
23 process and funding for the Florida Small Cities 52 providing reporting requirements; authorizing the
24 Community Development Block Grant Program Fund; 53 department to implement an emergency reemployment
25 amending s. 290.046, F.S.; revising the application 54 assistance system under certain circumstances;
26 process and funding for development grants awarded by 55 providing applicability; deleting provisions relating
27 the department to local governments; amending s. 56 to duties of the governance structure of the system
28 331.3081, F.S.; conforming a cross-reference; amending 57 project; amending s. 443.151, F.S.; revising the
29 s. 435.02, F.S.; revising the definition of the term 58 timeline for employers’ responses to notices of
Page 1 of 66 Page 2 of 66
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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59 benefits claims sent by the department; authorizing 88 Section 1. Subsections (2) and (3), paragraph (a) of
60 claimants to request the department to reconsider a 89 subsection (5), paragraph (b) of subsection (6), and subsection
61 monetary determination; providing requirements for 90 (9) of section 20.60, Florida Statutes, are amended, and
62 such request; providing that monetary determinations 91 subsection (1) of that section is republished, to read:
63 and redeterminations are final after a specified 92 20.60 Department of Economic Opportunity; creation; powers
64 period of time; providing exceptions; deleting a 93 and duties.—
65 requirement that appeals referees be attorneys in good 94 (1) There is created the Department of Economic
66 standing with The Florida Bar or be admitted to The 95 Opportunity.
67 Florida Bar within 8 months after the date of 96 (2) The head of the department is the Secretary of Economic
68 employment; prohibiting appeals from being filed after 97 Opportunity executive director, who shall be appointed by the
69 a specified time; amending s. 445.004, F.S.; revising 98 Governor, subject to confirmation by the Senate. The secretary
70 the membership of the state board, which directs 99 executive director shall serve at the pleasure of and report to
71 CareerSource Florida, Inc.; amending s. 553.79, F.S.; 100 the Governor. The secretary may appoint deputy and assistant
72 requiring specified building permit applications 101 secretaries as necessary to aid the secretary in fulfilling his
73 applied for by licensed contractors for property 102 or her statutory obligations.
74 owners under certain programs administered by the 103 (3)(a) The following divisions and offices of the
75 department to be issued within a reduced timeframe; 104 Department of Economic Opportunity are established:
76 amending ss. 14.20195, 16.615, 20.04, 213.053, 105 1.(a) The Division of Strategic Business Development.
77 220.194, 288.005, 288.061, 288.0656, 288.106, 106 2.(b) The Division of Community Development.
78 288.1089, 288.1251, 288.8014, 288.955, 288.9604, 107 3.(c) The Division of Workforce Services.
79 288.987, 290.0065, 311.09, 311.105, 334.065, 373.4149, 108 4.(d) The Division of Finance and Administration.
80 380.045, 403.0752, 420.0005, 420.0006, 420.101, 109 5.(e) The Division of Information Technology.
81 420.503, 420.504, 420.506, 420.507, 420.511, 420.602, 110 6. The Office of the Secretary.
82 420.609, 420.622, 427.012, 443.1116, 446.53, 450.261, 111 7. The Office of Economic Accountability and Transparency,
83 624.5105, and 1004.015, F.S.; conforming provisions to 112 which shall:
84 changes made by the act; providing an effective date. 113 a. Oversee the department’s critical objectives as
85 114 determined by the secretary and make sure that the department’s
86 Be It Enacted by the Legislature of the State of Florida: 115 key objectives are clearly communicated to the public.
87 116 b. Organize department resources, expertise, data, and
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117 research to focus on and solve the complex economic challenges 146 investment of program funds deposited in the Grants and
118 facing the state. 147 Donations Trust Fund to contract for the administration of those
119 c. Provide leadership for the department’s priority issues 148 programs, or portions of the programs, assigned to the
120 that require integration of policy, management, and critical 149 department by law, by the appropriations process, or by the
121 objectives from multiple programs and organizations internal and 150 Governor. Such expenditures shall be subject to review under
122 external to the department; and organize and manage external 151 chapter 216.
123 communication on such priority issues. 152 3. Develop measurement protocols for the state incentive
124 d. Promote and facilitate key department initiatives to 153 programs and for the contracted entities which will be used to
125 address priority economic issues and explore data and identify 154 determine their performance and competitive value to the state.
126 opportunities for innovative approaches to address such economic 155 Performance measures, benchmarks, and sanctions must be
127 issues. 156 developed in consultation with the legislative appropriations
128 e. Promote strategic planning for the department. 157 committees and the appropriate substantive committees, and are
129 (b) The secretary: 158 subject to the review and approval process provided in s.
130 1. May create offices within the Office of the Secretary 159 216.177. The approved performance measures, standards, and
131 and within the divisions established in paragraph (a) to promote 160 sanctions shall be included and made a part of the strategic
132 efficient and effective operation of the department. 161 plan for contracts entered into for delivery of programs
133 2. Shall appoint a director for each division, who shall 162 authorized by this section.
134 directly administer his or her division and be responsible to 163 4. Develop a 5-year statewide strategic plan. The strategic
135 the secretary. 164 plan must include, but need not be limited to:
136 (5) The divisions within the department have specific 165 a. Strategies for the promotion of business formation,
137 responsibilities to achieve the duties, responsibilities, and 166 expansion, recruitment, and retention through aggressive
138 goals of the department. Specifically: 167 marketing, international development, and export assistance,
139 (a) The Division of Strategic Business Development shall: 168 which lead to more and better jobs and higher wages for all
140 1. Analyze and evaluate business prospects identified by 169 geographic regions, disadvantaged communities, and populations
141 the Governor, the secretary executive director of the 170 of the state, including rural areas, minority businesses, and
142 department, and Enterprise Florida, Inc. 171 urban core areas.
143 2. Administer certain tax refund, tax credit, and grant 172 b. The development of realistic policies and programs to
144 programs created in law. Notwithstanding any other provision of 173 further the economic diversity of the state, its regions, and
145 law, the department may expend interest earned from the 174 their associated industrial clusters.
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175 c. Specific provisions for the stimulation of economic 204 economic development organizations; other local, state, and
176 development and job creation in rural areas and midsize cities 205 federal economic, international, and workforce development
177 and counties of the state, including strategies for rural 206 entities; the business community; and educational institutions
178 marketing and the development of infrastructure in rural areas. 207 to assist with the strategic plan.
179 d. Provisions for the promotion of the successful long-term 208 (6)
180 economic development of the state with increased emphasis in 209 (b) The Department of Economic Opportunity shall serve as
181 market research and information. 210 the designated agency for purposes of each federal workforce
182 e. Plans for the generation of foreign investment in the 211 development grant assigned to it for administration. The
183 state which create jobs paying above-average wages and which 212 department shall carry out the duties assigned to it by the
184 result in reverse investment in the state, including programs 213 Governor, under the terms and conditions of each grant. The
185 that establish viable overseas markets, assist in meeting the 214 department shall have the level of authority and autonomy
186 financing requirements of export-ready firms, broaden 215 necessary to be the designated recipient of each federal grant
187 opportunities for international joint venture relationships, use 216 assigned to it and shall disburse such grants pursuant to the
188 the resources of academic and other institutions, coordinate 217 plans and policies of the state board as defined in s. 445.002.
189 trade assistance and facilitation services, and facilitate 218 The secretary executive director may, upon delegation from the
190 availability of and access to education and training programs 219 Governor and pursuant to agreement with the state board, sign
191 that assure requisite skills and competencies necessary to 220 contracts, grants, and other instruments as necessary to execute
192 compete successfully in the global marketplace. 221 functions assigned to the department. Notwithstanding other
193 f. The identification of business sectors that are of 222 provisions of law, the department shall administer other
194 current or future importance to the state’s economy and to the 223 programs funded by federal or state appropriations, as
195 state’s global business image, and development of specific 224 determined by the Legislature in the General Appropriations Act
196 strategies to promote the development of such sectors. 225 or other law.
197 g. Strategies for talent development necessary in the state 226 (9) The secretary executive director shall:
198 to encourage economic development growth, taking into account 227 (a) Manage all activities and responsibilities of the
199 factors such as the state’s talent supply chain, education and 228 department.
200 training opportunities, and available workforce. 229 (b) Serve as the manager for the state with respect to
201 5. Update the strategic plan every 5 years. 230 contracts with Enterprise Florida, Inc., and all applicable
202 6. Involve Enterprise Florida, Inc.; CareerSource Florida, 231 direct-support organizations. To accomplish the provisions of
203 Inc.; local governments; the general public; local and regional 232 this section and applicable provisions of chapter 288, and
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233 notwithstanding the provisions of part I of chapter 287, the 262 shall be appointed by the Governor, three of whom shall be
234 secretary director shall enter into specific contracts with 263 appointed by the President of the Senate, and three of whom
235 Enterprise Florida, Inc., and other appropriate direct-support 264 shall be appointed by the Speaker of the House of
236 organizations. Such contracts may be for multiyear terms and 265 Representatives. Members appointed by the Governor are subject
237 must include specific performance measures for each year. For 266 to Senate confirmation.
238 purposes of this section, the Florida Tourism Industry Marketing 267
239 Corporation and the Institute for Commercialization of Florida 268 All board members shall serve without compensation, but are
240 Technology are not appropriate direct-support organizations. 269 entitled to receive reimbursement for per diem and travel
241 (c) Serve as a member of the board of directors of the 270 expenses pursuant to s. 112.061. Such expenses must be paid out
242 Florida Development Finance Corporation. The secretary executive 271 of funds of Enterprise Florida, Inc.
243 director may designate an employee of the department to serve in 272 Section 3. Subsection (2) of section 290.042, Florida
244 this capacity. 273 Statutes, is amended to read:
245 Section 2. Paragraph (a) of subsection (5) of section 274 290.042 Definitions relating to Florida Small Cities
246 288.901, Florida Statutes, is amended to read: 275 Community Development Block Grant Program Act.—As used in ss.
247 288.901 Enterprise Florida, Inc.— 276 290.0401-290.048, the term:
248 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.— 277 (2) “Administrative costs” has the same meaning as defined
249 (a) In addition to the Governor or his or her designee, the 278 in the Housing and Community Development Act of 1974, as
250 board of directors shall consist of the following appointed 279 amended, and applicable federal regulations means the payment of
251 members: 280 all reasonable costs of management, coordination, monitoring,
252 1. The Commissioner of Education or his or her designee. 281 and evaluation, and similar costs and carrying charges, related
253 2. The Chief Financial Officer or his or her designee. 282 to the planning and execution of community development
254 3. The Attorney General or his or her designee. 283 activities which are funded in whole or in part under the
255 4. The Commissioner of Agriculture or his or her designee. 284 Florida Small Cities Community Development Block Grant Program.
256 5. The chairperson of the state board as defined in s. 285 Administrative costs shall include all costs of administration,
257 445.002. 286 including general administration, planning and urban design, and
258 6. The Secretary of State or his or her designee. 287 project administration costs.
259 7. The Secretary of Economic Opportunity or his or her 288 Section 4. Subsections (3), (4), and (5) of section
260 designee. 289 290.044, Florida Statutes, are amended to read:
261 8. Twelve members from the private sector, six of whom 290 290.044 Florida Small Cities Community Development Block
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291 Grant Program Fund; administration; distribution.— 320 Section 5. Subsection (2), paragraph (b) of subsection (3),
292 (3) The department shall require applicants for grants to 321 and subsection (6) of section 290.046, Florida Statutes, are
293 compete against each other in the following grant program 322 amended to read:
294 categories that may include one or more of the following: 323 290.046 Applications for grants; procedures; requirements.—
295 (a) Housing rehabilitation. 324 (2)(a) Except for applications for economic development
296 (b) Economic development. 325 grants as provided in subparagraph (b)1., an eligible local
297 (c) Neighborhood revitalization. 326 government may submit one application for a grant during each
298 (d) Commercial revitalization. 327 application cycle.
299 (e) Any other activity authorized by the Housing and 328 (b)1. An eligible local government may apply up to three
300 Community Development Act of 1974, as amended, and applicable 329 times in any one annual funding cycle for an economic
301 federal regulations. 330 development grant but may not receive more than one such grant
302 (4) The department shall define broad community development 331 per annual funding cycle. A local government may have more than
303 objectives to be achieved by the activities in each of the grant 332 one open economic development grant.
304 program categories with the use of funds from the Florida Small 333 (2)(a)2. The department shall establish minimum criteria
305 Cities Community Development Block Grant Program Fund. Such 334 pertaining to the number of jobs created for persons of low or
306 objectives shall be designed to meet at least one of the 335 moderate income, the degree of private sector financial
307 national objectives provided in the Housing and Community 336 commitment, and the economic feasibility of the proposed project
308 Development Act of 1974. 337 and shall establish any other criteria the department deems
309 (5) The department may set aside an amount of up to 15 5 338 appropriate. Assistance to a private, for-profit business may
310 percent of the funds annually for use in any eligible local 339 not be provided from a grant award unless sufficient evidence
311 government jurisdiction for which an emergency or natural 340 exists to demonstrate that without such public assistance the
312 disaster has been declared by executive order. Such funds may 341 creation or retention of such jobs would not occur.
313 only be provided to a local government to fund eligible 342 (b)(c)1. A local government with an open housing
314 emergency-related activities for which no other source of 343 rehabilitation, neighborhood revitalization, or commercial
315 federal, state, or local disaster funds is available. The 344 revitalization contract is not eligible to apply for another
316 department may provide for such set-aside by rule. In the last 345 housing rehabilitation, neighborhood revitalization, or
317 quarter of the state fiscal year, any funds not allocated under 346 commercial revitalization grant until administrative closeout of
318 the emergency-related set-aside shall be distributed to unfunded 347 its existing contract. The department shall notify a local
319 applications from the most recent funding cycle. 348 government of administrative closeout or of any outstanding
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349 closeout issues within 45 days after receipt of a closeout 378 for a grant, determine that the applicant has the administrative
350 package from the local government. A local government with an 379 capacity to carry out the proposed activities and has performed
351 open housing rehabilitation, neighborhood revitalization, or 380 satisfactorily in carrying out past activities funded by
352 commercial revitalization community development block grant 381 community development block grants. The evaluation of past
353 contract whose activities are on schedule in accordance with the 382 performance shall take into account procedural aspects of
354 expenditure rates and accomplishments described in the contract 383 previous grants as well as substantive results. If the
355 may apply for an economic development grant. 384 department determines that any applicant has failed to
356 (c)2. A local government with an open economic development 385 accomplish substantially the results it proposed in its last
357 community development block grant contract whose activities are 386 previously funded applications application, it may prohibit the
358 on schedule in accordance with the expenditure rates and 387 applicant from receiving a grant or may penalize the applicant
359 accomplishments described in the contract may apply for a 388 in the rating of the current application. An application for
360 housing rehabilitation, neighborhood revitalization, or 389 grant funds may not be denied solely upon the basis of the past
361 commercial revitalization community development block grant. A 390 performance of the eligible applicant.
362 local government with an open economic development contract 391 Section 6. Section 331.3081, Florida Statutes, is amended
363 whose activities are on schedule in accordance with the 392 to read:
364 expenditure rates and accomplishments described in the contract 393 331.3081 Board of directors.—Space Florida shall be
365 may receive no more than one additional economic development 394 governed by a 13-member independent board of directors that
366 grant in each fiscal year. 395 consists of the members appointed to the board of directors of
367 (d) The department may not award a grant until it has 396 Enterprise Florida, Inc., by the Governor, the President of the
368 conducted a site visit to verify the information contained in 397 Senate, and the Speaker of the House of Representatives pursuant
369 the local government’s application. 398 to s. 288.901(5)(a)8. s. 288.901(5)(a)7. and the Governor, who
370 (3) 399 shall serve ex officio, or who may appoint a designee to serve,
371 (b) Funds shall be distributed according to the rankings 400 as the chair and a voting member of the board.
372 established in each application cycle. If economic development 401 Section 7. Subsection (5) of section 435.02, Florida
373 funds remain available after the application cycle closes, the 402 Statutes, is amended to read:
374 remaining funds shall be awarded to eligible projects on a 403 435.02 Definitions.—For the purposes of this chapter, the
375 first-come, first-served basis until such funds are fully 404 term:
376 obligated. 405 (5) “Specified agency” means the Department of Health, the
377 (6) The department shall, before approving an application 406 Department of Children and Families, the Division of Vocational
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407 Rehabilitation within the Department of Education, the Agency 436 identifying an individual’s skills, abilities, and career
408 for Health Care Administration, the Department of Elderly 437 aptitude. The skills assessment must be voluntary, and the
409 Affairs, the Department of Juvenile Justice, the Agency for 438 department shall allow a claimant to choose whether to take the
410 Persons with Disabilities, regional workforce boards providing 439 skills assessment. The online assessment shall be made available
411 services as defined in s. 445.002(3), and local licensing 440 to any person seeking services from a local workforce
412 agencies approved pursuant to s. 402.307, when these agencies 441 development board or a one-stop career center.
413 are conducting state and national criminal history background 442 a. If the claimant chooses to take the online assessment,
414 screening on persons who work with children or persons who are 443 the outcome of the assessment shall be made available to the
415 elderly or disabled. 444 claimant, local workforce development board, and one-stop career
416 Section 8. Paragraph (c) of subsection (1) of section 445 center. The department, local workforce development board, or
417 443.091, Florida Statutes, is amended to read: 446 one-stop career center shall use the assessment to develop a
418 443.091 Benefit eligibility conditions.— 447 plan for referring individuals to training and employment
419 (1) An unemployed individual is eligible to receive 448 opportunities. Aggregate data on assessment outcomes may be made
420 benefits for any week only if the Department of Economic 449 available to CareerSource Florida, Inc., and Enterprise Florida,
421 Opportunity finds that: 450 Inc., for use in the development of policies related to
422 (c) To make continued claims for benefits, she or he is 451 education and training programs that will ensure that businesses
423 reporting to the department in accordance with this paragraph 452 in this state have access to a skilled and competent workforce.
424 and department rules. Department rules may not conflict with s. 453 b. Individuals shall be informed of and offered services
425 443.111(1)(b), which requires that each claimant continue to 454 through the one-stop delivery system, including career
426 report regardless of any pending appeal relating to her or his 455 counseling, the provision of skill match and job market
427 eligibility or disqualification for benefits. 456 information, and skills upgrade and other training
428 1. For each week of unemployment claimed, each report must, 457 opportunities, and shall be encouraged to participate in such
429 at a minimum, include the name and, address, and telephone 458 services at no cost to the individuals. The department shall
430 number of each prospective employer contacted, or the date the 459 coordinate with CareerSource Florida, Inc., the local workforce
431 claimant reported to a one-stop career center, pursuant to 460 development boards, and the one-stop career centers to identify,
432 paragraph (d). For the purposes of this subparagraph, the term 461 develop, and use best practices for improving the skills of
433 “address” means a website address, a physical address, or an e- 462 individuals who choose to participate in skills upgrade and
434 mail address. 463 other training opportunities. The department may contract with
435 2. The department shall offer an online assessment aimed at 464 an entity to create the online assessment in accordance with the
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465 competitive bidding requirements in s. 287.057. The online 494 temporarily terminated his or her work within the previous 6
466 assessment must work seamlessly with the Reemployment Assistance 495 calendar months;
467 Claims and Benefits Information System. 496 b. Voluntarily leaving work to relocate as a result of his
468 Section 9. Paragraph (a) of subsection (1) and subsection 497 or her military-connected spouse’s permanent change of station
469 (6) of section 443.101, Florida Statutes, are amended to read: 498 orders, activation orders, or unit deployment orders; or
470 443.101 Disqualification for benefits.—An individual shall 499 c. Voluntarily leaving work if he or she proves that his or
471 be disqualified for benefits: 500 her discontinued employment is a direct result of circumstances
472 (1)(a) For the week in which he or she has voluntarily left 501 related to domestic violence as defined in s. 741.28. An
473 work without good cause attributable to his or her employing 502 individual who voluntarily leaves work under this sub-
474 unit or for the week in which he or she has been discharged by 503 subparagraph must:
475 the employing unit for misconduct connected with his or her 504 (I) Make reasonable efforts to preserve employment, unless
476 work, based on a finding by the Department of Economic 505 the individual establishes that such remedies are likely to be
477 Opportunity. As used in this paragraph, the term “work” means 506 futile or to increase the risk of future incidents of domestic
478 any work, whether full-time, part-time, or temporary. 507 violence. Such efforts may include seeking a protective
479 1. Disqualification for voluntarily quitting continues for 508 injunction, relocating to a secure place, or seeking reasonable
480 the full period of unemployment next ensuing after the 509 accommodation from the employing unit, such as a transfer or
481 individual has left his or her full-time, part-time, or 510 change of assignment;
482 temporary work voluntarily without good cause and until the 511 (II) Provide evidence such as an injunction, a protective
483 individual has earned income equal to or greater than 17 times 512 order, or other documentation authorized by state law which
484 his or her weekly benefit amount. As used in this subsection, 513 reasonably proves that domestic violence has occurred; and
485 the term “good cause” includes only that cause attributable to 514 (III)Reasonably believe that he or she is likely to be the
486 the employing unit which would compel a reasonable employee to 515 victim of a future act of domestic violence at, in transit to,
487 cease working or attributable to the individual’s illness or 516 or departing from his or her place of employment. An individual
488 disability requiring separation from his or her work. Any other 517 who is otherwise eligible for benefits under this sub-
489 disqualification may not be imposed. 518 subparagraph is ineligible for each week that he or she no
490 2. An individual is not disqualified under this subsection 519 longer meets such criteria or refuses a reasonable accommodation
491 for: 520 offered in good faith by his or her employing unit.
492 a. Voluntarily leaving temporary work to return immediately 521 3. The employment record of an employing unit may not be
493 when called to work by the permanent employing unit that 522 charged for the payment of benefits to an individual who has
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523 voluntarily left work under sub-subparagraph 2.c. 552 which the false or fraudulent representation was is made and
524 4. Disqualification for being discharged for misconduct 553 shall continue for a period not to exceed 1 year after the date
525 connected with his or her work continues for the full period of 554 the Department of Economic Opportunity discovers the false or
526 unemployment next ensuing after having been discharged and until 555 fraudulent representation and until any overpayment of benefits
527 the individual is reemployed and has earned income of at least 556 resulting from such representation has been repaid in full. This
528 17 times his or her weekly benefit amount and for not more than 557 disqualification may be appealed in the same manner as any other
529 52 weeks immediately following that week, as determined by the 558 disqualification imposed under this section. A conviction by any
530 department in each case according to the circumstances or the 559 court of competent jurisdiction in this state of the offense
531 seriousness of the misconduct, under the department’s rules for 560 prohibited or punished by s. 443.071 is conclusive upon the
532 determining disqualification for benefits for misconduct. 561 appeals referee and the commission of the making of the false or
533 5. If an individual has provided notification to the 562 fraudulent representation for which disqualification is imposed
534 employing unit of his or her intent to voluntarily leave work 563 under this section.
535 and the employing unit discharges the individual for reasons 564 Section 10. Section 443.1113, Florida Statutes, is amended
536 other than misconduct before the date the voluntary quit was to 565 to read:
537 take effect, the individual, if otherwise entitled, shall 566 443.1113 Reemployment Assistance Claims and Benefits
538 receive benefits from the date of the employer’s discharge until 567 Information System.—
539 the effective date of his or her voluntary quit. 568 (1) Subject to legislative appropriation, the Department of
540 6. If an individual is notified by the employing unit of 569 Economic Opportunity shall implement an integrated modular
541 the employer’s intent to discharge the individual for reasons 570 cloud-based system that is necessary for the efficient
542 other than misconduct and the individual quits without good 571 distribution of benefits and the effective operation and
543 cause before the date the discharge was to take effect, the 572 management of the reemployment assistance program. To The extent
544 claimant is ineligible for benefits pursuant to s. 443.091(1)(d) 573 that funds are appropriated for each phase of the Reemployment
545 for failing to be available for work for the week or weeks of 574 Assistance Claims and Benefits Information system may be cited
546 unemployment occurring before the effective date of the 575 by the Legislature, the Department of Economic Opportunity shall
547 discharge. 576 replace and enhance the functionality provided in the following
548 (6) For making any false or fraudulent representation for 577 systems with an integrated Internet-based system that is known
549 the purpose of obtaining benefits contrary to this chapter, 578 as the “Reemployment Assistance Claims and Benefits Information
550 constituting a violation under s. 443.071. The disqualification 579 System” and must:
551 imposed under this subsection shall begin with the week for in 580 (a) Be accessible through the Internet Claims and benefit
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581 mainframe system. 610 unified tax system that collects reemployment assistance taxes.
582 (b) Be accessible on mobile devices and personal computers 611 (3) The scope of the Reemployment Assistance Claims and
583 Florida unemployment Internet direct. 612 Benefits Information System does not include any of the
584 (c) Process reemployment assistance claims Florida 613 following functionalities:
585 continued claim Internet directory. 614 (a) Collection of reemployment assistance taxes.
586 (d) Process benefit payments Call center interactive voice 615 (b) General ledger, financial management, or budgeting
587 response system. 616 capabilities.
588 (e) Process and manage overpayments Benefit overpayment 617 (c) Human resource planning or management capabilities.
589 screening system. 618 (4) The project to implement the Reemployment Assistance
590 (f) Perform adjudication functions Internet and Intranet 619 Claims and Benefits Information System is comprised of the
591 appeals system. 620 following phases and corresponding implementation timeframes:
592 (g) Process appeals and manage appeal hearings. 621 (a) No later than the end of fiscal year 2009-2010
593 (h) Manage and process employer charging. 622 completion of the business re-engineering analysis and
594 (2) Wherever cost-effective and operationally feasible, the 623 documentation of both the detailed system requirements and the
595 Reemployment Assistance Claims and Benefits System shall 624 overall system architecture.
596 accomplish the following main business objectives: 625 (b) The Reemployment Assistance Claims and Benefits
597 (a) Wherever cost-effective and operationally feasible, 626 Internet portal that replaces the Florida Unemployment Internet
598 Eliminate or automate existing paper processes and enhance any 627 Direct and the Florida Continued Claims Internet Directory
599 existing automated workflows in order to expedite customer 628 systems, the Call Center Interactive Voice Response System, the
600 transactions and eliminate redundancy. 629 Benefit Overpayment Screening System, the Internet and Intranet
601 (b) Enable and enhance online, self-service capabilities 630 Appeals System, and the Claims and Benefits Mainframe System
602 access to claimant and employer information and federal and 631 shall be deployed to full operational status no later than the
603 state reporting. 632 end of fiscal year 2013-2014.
604 (c) Integrate benefit payment control with the adjudication 633 (4)(5) The Department of Economic Opportunity shall
605 program and collection system in order to improve the detection 634 maintain a sustainable culture of continuous modernization and
606 of fraud. 635 shall implement and maintain the following Reemployment
607 (d) Comply with all requirements established in federal and 636 Assistance Claims and Benefits Information System project
608 state law for reemployment assistance. 637 governance structure until such time as the project is
609 (e) Integrate with the Department of Revenue’s statewide 638 completed, suspended, or terminated:
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639 (a) The project sponsor for the Reemployment Assistance 668 the Reemployment Assistance Claims and Benefits Information
640 Claims and Benefits Information System project is the 669 System. The modernization initiatives must include, but need not
641 department. 670 be limited to:
642 (a)(b) The system project shall be governed by an executive 671 a. Infrastructure.
643 steering committee composed of the Reemployment Assistance 672 b. Software.
644 Modernization Strategic Planning Office. 673 c. Data and analytics.
645 (b) The Reemployment Assistance Modernization Strategic 674 d. Security.
646 Planning Office shall report directly to the Secretary of 675 3. Providing regular updates to the Secretary of Economic
647 Economic Opportunity and is responsible for: 676 Opportunity.
648 1. Coordinating and seeking input, including, but not 677 4. Developing and maintaining an enterprise disaster
649 limited to, from the following entities voting members or their 678 preparedness plan.
650 designees: 679 (5) By October 1, 2023, and each year thereafter, the
651 1. The executive director of the department. 680 Department of Economic Opportunity shall submit a Reemployment
652 a.2. The executive director of the Department of Revenue. 681 Assistance Claims and Benefits Information System report to the
653 b.3. The Department of Management Services, including, but 682 Governor, the President of the Senate, and the Speaker of the
654 not limited to, the state chief information officer The director 683 House of Representatives. The report must, at a minimum,
655 of the Division of Workforce Services within the department. 684 include:
656 4. The program director of the General Tax Administration 685 (a) A summary of continuous modernization efforts over the
657 Program Office within the Department of Revenue. 686 last fiscal year.
658 5. The chief information officer of the department. 687 (b) A 3-year outlook of recommended modernization projects
659 (c) The executive steering committee has the overall 688 that include projected costs and timeframes for completion.
660 responsibility for ensuring that the project meets its primary 689 (6) In the event of a disaster or an emergency, as declared
661 objectives and is specifically responsible for: 690 by the President of the United States or the Governor of this
662 1. Providing management direction and support to the 691 state, which may disrupt or endanger the Department of Economic
663 project management team. 692 Opportunity’s usual procedures or facilities, the department may
664 2. Assessing the project’s alignment with the strategic 693 implement an emergency reemployment assistance system.
665 goals of the department for administering the reemployment 694 Subsection (1) does not apply to an emergency reemployment
666 assistance program. 695 assistance system.
667 2. Implementing continuous modernization initiatives for 696 3. Reviewing and approving or disapproving any changes to
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697 the project’s scope, schedule, and costs. 726 All recommendations must be reviewed by project stakeholders
698 4. Reviewing, approving or disapproving, and determining 727 before submission to the executive steering committee in order
699 whether to proceed with any major project deliverables. 728 to ensure that the recommendations meet required acceptance
700 5. Recommending suspension or termination of the project to 729 criteria.
701 the Governor, the President of the Senate, and the Speaker of 730 Section 11. Paragraphs (a) and (b) of subsection (3) and
702 the House of Representatives if it determines that the primary 731 paragraphs (a) and (b) of subsection (4) of section 443.151,
703 objectives cannot be achieved. 732 Florida Statutes, are amended to read:
704 (d) The project management team shall work under the 733 443.151 Procedure concerning claims.—
705 direction of the executive steering committee and shall be 734 (3) DETERMINATION OF ELIGIBILITY.—
706 minimally comprised of senior managers and stakeholders from the 735 (a) Notices of claim.—The Department of Economic
707 department and the Department of Revenue. The project management 736 Opportunity shall promptly provide a notice of claim to the
708 team is responsible for: 737 claimant’s most recent employing unit and all employers whose
709 1. Providing daily planning, management, and oversight of 738 employment records are liable for benefits under the monetary
710 the project. 739 determination. The employer must respond to the notice of claim
711 2. Submitting an operational work plan and providing 740 within 14 20 days after the mailing date of the notice, or in
712 quarterly updates to that plan to the executive steering 741 lieu of mailing, within 14 20 days after the delivery of the
713 committee. The plan must specify project milestones, 742 notice. If a contributing employer or its agent fails to timely
714 deliverables, and expenditures. 743 or adequately respond to the notice of claim or request for
715 3. Submitting written monthly project status reports to the 744 information, the employer’s account may not be relieved of
716 executive steering committee which include: 745 benefit charges as provided in s. 443.131(3)(a), notwithstanding
717 a. Planned versus actual project costs; 746 paragraph (5)(b). The department may adopt rules as necessary to
718 b. An assessment of the status of major milestones and 747 implement the processes described in this paragraph relating to
719 deliverables; 748 notices of claim.
720 c. Identification of any issues requiring resolution, the 749 (b) Monetary determinations.—In addition to the notice of
721 proposed resolution for these issues, and information regarding 750 claim, the department shall also promptly provide an initial
722 the status of the resolution; 751 monetary determination to the claimant and each base period
723 d. Identification of risks that must be managed; and 752 employer whose account is subject to being charged for its
724 e. Identification of and recommendations regarding 753 respective share of benefits on the claim. The monetary
725 necessary changes in the project’s scope, schedule, or costs. 754 determination must include a statement of whether and in what
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755 amount the claimant is entitled to benefits, and, in the event 784 adopt rules as necessary to implement the processes described in
756 of a denial, must state the reasons for the denial. A monetary 785 this paragraph relating to notices of monetary determinations
757 determination for the first week of a benefit year must also 786 and the appeals or reconsideration requests filed in response to
758 include a statement of whether the claimant was paid the wages 787 such notices.
759 required under s. 443.091(1)(g) and, if so, the first day of the 788 (4) APPEALS.—
760 benefit year, the claimant’s weekly benefit amount, and the 789 (a) Appeals referees.—
761 maximum total amount of benefits payable to the claimant for a 790 1. The Department of Economic Opportunity shall appoint one
762 benefit year. The claimant may file a request for the department 791 or more impartial salaried appeals referees in accordance with
763 to reconsider a monetary determination within 20 days after the 792 s. 443.171(3) to hear and decide appealed claims.
764 department mails the notice to the claimant’s last known address 793 2. An appeals referee must be an attorney in good standing
765 or, in lieu of mailing, within 20 days after the delivery of the 794 with The Florida Bar or be successfully admitted to The Florida
766 notice. A monetary determination is final for a claimant if the 795 Bar within 8 months after his or her date of employment. This
767 claimant does not file a timely request for the department to 796 subparagraph does not apply to an appeals referee appointed
768 reconsider the monetary determination. A monetary 797 before January 1, 2014.
769 redetermination is final for a claimant unless within 20 days 798 3. A person may not participate on behalf of the department
770 after the mailing of the notice of monetary redetermination to 799 as an appeals referee in any case in which she or he is an
771 the claimant’s last known address or, in lieu of mailing, within 800 interested party.
772 20 days after the delivery of the notice, the claimant files an 801 3.4. The department may designate alternates to serve in
773 appeal. The monetary determination or monetary redetermination 802 the absence or disqualification of any appeals referee on a
774 is final for an employer or other party entitled to notice 803 temporary basis. These alternates must have the same
775 unless within 20 days after the mailing of the respective notice 804 qualifications required of appeals referees.
776 to the employer or party to its last known address or, in lieu 805 4.5. The department shall provide the commission and the
777 of mailing, within 20 days after delivery of the notice, an 806 appeals referees with proper facilities and assistance for the
778 appeal is filed by the employer or the party The monetary 807 execution of their functions.
779 determination is final unless within 20 days after the mailing 808 (b) Filing and hearing.—
780 of the notices to the parties’ last known addresses, or in lieu 809 1. The claimant or any other party entitled to notice of a
781 of mailing, within 20 days after the delivery of the notices, an 810 determination may appeal an adverse determination to an appeals
782 appeal or written request for reconsideration is filed by the 811 referee within 20 days after the date of mailing of the notice
783 claimant or other party entitled to notice. The department may 812 to her or his last known address or, if the notice is not
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813 mailed, within 20 days after the date of delivering the notice. 842 relied upon by reasonably prudent persons in the conduct of
814 2. Unless the appeal is untimely or withdrawn or review is 843 their affairs is admissible, whether or not such evidence would
815 initiated by the commission, the appeals referee, after mailing 844 be admissible in a trial in state court.
816 all parties and attorneys of record a notice of hearing at least 845 c. Hearsay evidence may be used for the purpose of
817 10 days before the date of hearing, notwithstanding the 14-day 846 supplementing or explaining other evidence, or to support a
818 notice requirement in s. 120.569(2)(b), may only affirm, modify, 847 finding if it would be admissible over objection in civil
819 or reverse the determination. An appeal may not be withdrawn 848 actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
820 without the permission of the appeals referee. 849 support a finding of fact if:
821 3. However, If an appeal appears to have been filed after 850 (I) The party against whom it is offered has a reasonable
822 the permissible time limit, the Office of Appeals may issue an 851 opportunity to review such evidence prior to the hearing; and
823 order to show cause to the appellant which requires the 852 (II) The appeals referee or special deputy determines,
824 appellant to show why the appeal should not be dismissed as 853 after considering all relevant facts and circumstances, that the
825 untimely. If, within 15 days after the mailing date of the order 854 evidence is trustworthy and probative and that the interests of
826 to show cause, the appellant does not provide written evidence 855 justice are best served by its admission into evidence.
827 of timely filing or good cause for failure to appeal timely, the 856 6. The parties must be notified promptly of the referee’s
828 appeal shall be dismissed. However, an appeal may not be filed 857 decision. The referee’s decision is final unless further review
829 more than 5 years after the date of the mailing of the 858 is initiated under paragraph (c) within 20 days after the date
830 determination or, if the determination is not mailed, more than 859 of mailing notice of the decision to the party’s last known
831 5 years after the date of the delivery of the determination. 860 address or, in lieu of mailing, within 20 days after the
832 4. If an appeal involves a question of whether services 861 delivery of the notice.
833 were performed by a claimant in employment or for an employer, 862 Section 12. Paragraph (d) of subsection (3) of section
834 the referee must give special notice of the question and of the 863 445.004, Florida Statutes, is amended, and subsections (1) and
835 pendency of the appeal to the employing unit and to the 864 (2) of that section are republished, to read:
836 department, both of which become parties to the proceeding. 865 445.004 CareerSource Florida, Inc., and the state board;
837 5.a. Any part of the evidence may be received in written 866 creation; purpose; membership; duties and powers.—
838 form, and all testimony of parties and witnesses shall be made 867 (1) CareerSource Florida, Inc., is created as a not-for-
839 under oath. 868 profit corporation, which shall be registered, incorporated,
840 b. Irrelevant, immaterial, or unduly repetitious evidence 869 organized, and operated in compliance with chapter 617 and shall
841 shall be excluded, but all other evidence of a type commonly 870 operate at the direction of the state board. CareerSource
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871 Florida, Inc., is not a unit or entity of state government and 900 Opportunity or his or her designee, the vice chairperson of the
872 is exempt from chapters 120 and 287. CareerSource Florida, Inc., 901 board of directors of Enterprise Florida, Inc., and one member
873 shall apply the procurement and expenditure procedures required 902 representing each of the Workforce Innovation and Opportunity
874 by federal law for the expenditure of federal funds. 903 Act partners, including the Division of Career and Adult
875 CareerSource Florida, Inc., shall be administratively housed 904 Education, and other entities representing programs identified
876 within the department and shall operate under agreement with the 905 in the Workforce Innovation and Opportunity Act, as determined
877 department. The Legislature finds that public policy dictates 906 necessary.
878 that CareerSource Florida, Inc., operate in the most open and 907 Section 13. Subsection (14) of section 553.79, Florida
879 accessible manner consistent with its public purpose. To this 908 Statutes, is amended to read:
880 end, the Legislature specifically declares that CareerSource 909 553.79 Permits; applications; issuance; inspections.—
881 Florida, Inc., its board, councils, and any advisory committees 910 (14)(a) Except as provided in paragraph (b), a building
882 or similar groups created by CareerSource Florida, Inc., are 911 permit for a single-family residential dwelling must be issued
883 subject to the provisions of chapter 119 relating to public 912 within 30 working days after receipt of the application therefor
884 records, and those provisions of chapter 286 relating to public 913 unless unusual circumstances require a longer time for
885 meetings. 914 processing the application or unless the permit application
886 (2) CareerSource Florida, Inc., provides administrative 915 fails to satisfy the Florida Building Code or the enforcing
887 support for the state board, the principal workforce policy 916 agency’s laws or ordinances.
888 organization for the state. The purpose of the state board is to 917 (b) A building permit for a single-family residential
889 design and implement strategies that help Floridians enter, 918 dwelling applied for by a contractor licensed in this state on
890 remain in, and advance in the workplace, so that they may become 919 behalf of a property owner who participates in a Community
891 more highly skilled and successful, which benefits these 920 Development Block Grant–Disaster Recovery program administered
892 Floridians, Florida businesses, and the entire state, and 921 by the Department of Economic Opportunity must be issued within
893 fosters the development of the state’s business climate. 922 15 working days after receipt of the application unless the
894 CareerSource Florida, Inc., shall, consistent with its agreement 923 permit application fails to satisfy the Florida Building Code or
895 with the department, implement the policy directives of the 924 the enforcing agency’s laws or ordinances.
896 state board and administer state workforce development programs 925 Section 14. Paragraph (b) of subsection (2) of section
897 as authorized by law. 926 14.20195, Florida Statutes, is amended to read:
898 (3) 927 14.20195 Suicide Prevention Coordinating Council; creation;
899 (d) The state board must include the Secretary of Economic 928 membership; duties.—There is created within the Statewide Office
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929 for Suicide Prevention a Suicide Prevention Coordinating 958 (7) of section 20.04, Florida Statutes, are amended to read:
930 Council. The council shall develop strategies for preventing 959 20.04 Structure of executive branch.—The executive branch
931 suicide. 960 of state government is structured as follows:
932 (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council 961 (3) For their internal structure, all departments, except
933 shall consist of 31 voting members and 1 nonvoting member. 962 for the Department of Financial Services, the Department of
934 (b) The following state officials or their designees shall 963 Economic Opportunity, the Department of Children and Families,
935 serve on the coordinating council: 964 the Department of Corrections, the Department of Management
936 1. The Secretary of Elderly Affairs. 965 Services, the Department of Revenue, and the Department of
937 2. The State Surgeon General. 966 Transportation, must adhere to the following standard terms:
938 3. The Commissioner of Education. 967 (a) The principal unit of the department is the “division.”
939 4. The Secretary of Health Care Administration. 968 Each division is headed by a “director.”
940 5. The Secretary of Juvenile Justice. 969 (b) The principal unit of the division is the “bureau.”
941 6. The Secretary of Corrections. 970 Each bureau is headed by a “chief.”
942 7. The executive director of the Department of Law 971 (c) The principal unit of the bureau is the “section.” Each
943 Enforcement. 972 section is headed by an “administrator.”
944 8. The executive director of the Department of Veterans’ 973 (d) If further subdivision is necessary, sections may be
945 Affairs. 974 divided into “subsections,” which are headed by “supervisors.”
946 9. The Secretary of Children and Families. 975 (7)
947 10. The Secretary executive director of the Department of 976 (b) Within the limitations of this subsection, the head of
948 Economic Opportunity. 977 the department may recommend the establishment of additional
949 Section 15. Paragraph (j) of subsection (1) of section 978 divisions, bureaus, sections, and subsections of the department
950 16.615, Florida Statutes, is amended to read: 979 to promote efficient and effective operation of the department.
951 16.615 Council on the Social Status of Black Men and Boys.— 980 However, additional divisions, or offices in the Department of
952 (1) The Council on the Social Status of Black Men and Boys 981 Children and Families, the Department of Corrections, the
953 is established within the Department of Legal Affairs and shall 982 Department of Economic Opportunity, and the Department of
954 consist of 19 members appointed as follows: 983 Transportation, may be established only by specific statutory
955 (j) The Secretary executive director of the Department of 984 enactment. New bureaus, sections, and subsections of departments
956 Economic Opportunity or his or her designee. 985 may be initiated by a department and established as recommended
957 Section 16. Subsection (3) and paragraph (b) of subsection 986 by the Department of Management Services and approved by the
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987 Executive Office of the Governor, or may be established by 1016 Demographic Research or his or her authorized agent.
988 specific statutory enactment. 1017 Section 18. Paragraph (b) of subsection (5) of section
989 Section 17. Paragraph (a) of subsection (7) of section 1018 220.194, Florida Statutes, is amended to read:
990 213.053, Florida Statutes, is amended to read: 1019 220.194 Corporate income tax credits for spaceflight
991 213.053 Confidentiality and information sharing.— 1020 projects.—
992 (7)(a) Any information received by the Department of 1021 (5) APPLICATION AND CERTIFICATION.—
993 Revenue in connection with the administration of taxes, 1022 (b) In order to take a tax credit under subparagraph (a)1.
994 including, but not limited to, information contained in returns, 1023 or, if applicable, to transfer an approved credit under
995 reports, accounts, or declarations filed by persons subject to 1024 subparagraph (a)2., a spaceflight business must submit an
996 tax, shall be made available to the following in performance of 1025 application for certification to the Department of Economic
997 their official duties: 1026 Opportunity along with a nonrefundable $250 fee.
998 1. The Auditor General or his or her authorized agent; 1027 1. The application must include:
999 2. The director of the Office of Program Policy Analysis 1028 a. The name and physical in-state address of the taxpayer.
1000 and Government Accountability or his or her authorized agent; 1029 b. Documentation demonstrating to the satisfaction of the
1001 3. The Chief Financial Officer or his or her authorized 1030 Department of Economic Opportunity that:
1002 agent; 1031 (I) The taxpayer is a spaceflight business.
1003 4. The Director of the Office of Insurance Regulation of 1032 (II) The business has engaged in a qualifying spaceflight
1004 the Financial Services Commission or his or her authorized 1033 project before taking or transferring a credit under this
1005 agent; 1034 section.
1006 5. A property appraiser or tax collector or their 1035 c. In addition to any requirement specific to a credit,
1007 authorized agents pursuant to s. 195.084(1); 1036 documentation that the business has:
1008 6. Designated employees of the Department of Education 1037 (I) Created 35 new jobs in this state directly associated
1009 solely for determination of each school district’s price level 1038 with spaceflight projects during its immediately preceding 3
1010 index pursuant to s. 1011.62(2); 1039 taxable years. The business shall be deemed to have created new
1011 7. The Secretary executive director of the Department of 1040 jobs if the number of full-time jobs located in this state at
1012 Economic Opportunity or his or her authorized agent; 1041 the time of application for certification is greater than the
1013 8. The taxpayers’ rights advocate or his or her authorized 1042 total number of full-time jobs located in this state at the time
1014 agent pursuant to s. 20.21(3); and 1043 of application for approval to earn credits; and
1015 9. The coordinator of the Office of Economic and 1044 (II) Invested a total of at least $15 million in this state
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1045 on a spaceflight project during its immediately preceding 3 1074 director’s approval.
1046 taxable years. 1075 Section 19. Subsection (3) of section 288.005, Florida
1047 d. The total amount and types of credits sought. 1076 Statutes, is amended to read:
1048 e. An acknowledgment that a transfer of a tax credit is to 1077 288.005 Definitions.—As used in this chapter, the term:
1049 be accomplished pursuant to subsection (5). 1078 (3) “Executive director” means the executive director of
1050 f. A copy of an audit or audits of the preceding 3 taxable 1079 the Department of Economic Opportunity, unless otherwise stated.
1051 years, prepared by a certified public accountant licensed to 1080 Section 20. Subsections (1) and (3), paragraph (a) of
1052 practice in this state, which identifies that portion of the 1081 subsection (5), and subsection (6) of section 288.061, Florida
1053 business’s activities in this state related to spaceflight 1082 Statutes, are amended to read:
1054 projects in this state. 1083 288.061 Economic development incentive application
1055 g. An acknowledgment that the business must file an annual 1084 process.—
1056 report on the spaceflight project’s progress with the Department 1085 (1) Upon receiving a submitted economic development
1057 of Economic Opportunity. 1086 incentive application, the Division of Strategic Business
1058 h. Any other information necessary to demonstrate that the 1087 Development of the Department of Economic Opportunity and
1059 applicant meets the job creation, investment, and other 1088 designated staff of Enterprise Florida, Inc., shall review the
1060 requirements of this section. 1089 application to ensure that the application is complete, whether
1061 2. Within 60 days after receipt of the application for 1090 and what type of state and local permits may be necessary for
1062 certification, the Department of Economic Opportunity shall 1091 the applicant’s project, whether it is possible to waive such
1063 evaluate the application and recommend the business for 1092 permits, and what state incentives and amounts of such
1064 certification or denial. The Secretary executive director of the 1093 incentives may be available to the applicant. The department
1065 Department of Economic Opportunity must approve or deny the 1094 shall recommend to the Secretary of Economic Opportunity
1066 application within 30 days after receiving the recommendation. 1095 executive director to approve or disapprove an applicant
1067 If approved, the Department of Economic Opportunity must provide 1096 business. If review of the application demonstrates that the
1068 a letter of certification to the applicant consistent with any 1097 application is incomplete, the secretary executive director
1069 restrictions imposed. If the Department of Economic Opportunity 1098 shall notify the applicant business within the first 5 business
1070 denies any part of the requested credit, the Department of 1099 days after receiving the application.
1071 Economic Opportunity must inform the applicant of the grounds 1100 (3) Within 10 business days after the department receives
1072 for the denial. A copy of the certification shall be submitted 1101 the submitted economic development incentive application, the
1073 to the department within 10 days after the secretary’s executive 1102 Secretary of Economic Opportunity executive director shall
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1103 approve or disapprove the application and issue a letter of 1132 hired employees. If the department determines that an awardee is
1104 certification to the applicant which includes a justification of 1133 not complying with this subsection, the department must notify
1105 that decision, unless the business requests an extension of that 1134 the awardee by certified mail of the department’s determination
1106 time. 1135 of noncompliance and the awardee’s right to appeal the
1107 (a) The contract or agreement with the applicant must 1136 determination. Upon a final determination of noncompliance, the
1108 specify the total amount of the award, the performance 1137 awardee must repay all moneys received as an economic
1109 conditions that must be met to obtain the award, the schedule 1138 development incentive to the department within 30 days after the
1110 for payment, and sanctions that would apply for failure to meet 1139 final determination.
1111 performance conditions. The department may enter into one 1140 Section 21. Paragraph (a) of subsection (6) of section
1112 agreement or contract covering all of the state incentives that 1141 288.0656, Florida Statutes, is amended to read:
1113 are being provided to the applicant. The contract must provide 1142 288.0656 Rural Economic Development Initiative.—
1114 that release of funds is contingent upon sufficient 1143 (6)(a) By August 1 of each year, the head of each of the
1115 appropriation of funds by the Legislature. 1144 following agencies and organizations shall designate a deputy
1116 (b) The release of funds for the incentive or incentives 1145 secretary or higher-level staff person from within the agency or
1117 awarded to the applicant depends upon the statutory requirements 1146 organization to serve as the REDI representative for the agency
1118 of the particular incentive program. 1147 or organization:
1119 (5)(a) The Secretary of Economic Opportunity executive 1148 1. The Department of Transportation.
1120 director may not approve an economic development incentive 1149 2. The Department of Environmental Protection.
1121 application unless the application includes a signed written 1150 3. The Department of Agriculture and Consumer Services.
1122 declaration by the applicant which states that the applicant has 1151 4. The Department of State.
1123 read the information in the application and that the information 1152 5. The Department of Health.
1124 is true, correct, and complete to the best of the applicant’s 1153 6. The Department of Children and Families.
1125 knowledge and belief. 1154 7. The Department of Corrections.
1126 (6) Beginning July 1, 2020, the Secretary of Economic 1155 8. The Department of Education.
1127 Opportunity executive director may not approve an economic 1156 9. The Department of Juvenile Justice.
1128 development incentive application unless the application 1157 10. The Fish and Wildlife Conservation Commission.
1129 includes proof to the department that the applicant business is 1158 11. Each water management district.
1130 registered with and uses the E-Verify system, as defined in s. 1159 12. Enterprise Florida, Inc.
1131 448.095, to verify the work authorization status of all newly 1160 13. CareerSource Florida, Inc.
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1161 14. VISIT Florida. 1190 relocates all or a portion of its business to a
1162 15. The Florida Regional Planning Council Association. 1191 Disproportionally Affected County to receive a tax refund
1163 16. The Agency for Health Care Administration. 1192 payment of up to $6,000 multiplied by the number of jobs
1164 17. The Institute of Food and Agricultural Sciences (IFAS). 1193 specified in the tax refund agreement under subparagraph
1165 1194 (5)(a)1. over the term of the agreement. Before Prior to
1166 An alternate for each designee shall also be chosen, and the 1195 granting such waiver, the Secretary of Economic Opportunity
1167 names of the designees and alternates shall be sent to the 1196 executive director of the department shall file with the
1168 Secretary of Economic Opportunity executive director of the 1197 Governor a written statement of the conditions and circumstances
1169 department. 1198 constituting the reason for the waiver. Such business shall be
1170 Section 22. Paragraph (c) of subsection (5) and subsection 1199 eligible for the additional tax refund payments specified in
1171 (8) of section 288.106, Florida Statutes, are amended to read: 1200 subparagraph (3)(b)4. if it meets the criteria. As used in this
1172 288.106 Tax refund program for qualified target industry 1201 section, the term “Disproportionally Affected County” means Bay
1173 businesses.— 1202 County, Escambia County, Franklin County, Gulf County, Okaloosa
1174 (5) TAX REFUND AGREEMENT.— 1203 County, Santa Rosa County, Walton County, or Wakulla County.
1175 (c) The agreement must be signed by the Secretary of 1204 Section 23. Subsection (5) of section 288.1089, Florida
1176 Economic Opportunity executive director and by an authorized 1205 Statutes, is amended to read:
1177 officer of the qualified target industry business within 120 1206 288.1089 Innovation Incentive Program.—
1178 days after the issuance of the letter of certification under 1207 (5) The department shall review proposals pursuant to s.
1179 subsection (4), but not before passage and receipt of the 1208 288.061 for all three categories of innovation incentive awards.
1180 resolution of local financial support. The department may grant 1209 Before making a recommendation to the Secretary of Economic
1181 an extension of this period at the written request of the 1210 Opportunity executive director, the department shall solicit
1182 qualified target industry business. 1211 comments and recommendations from the Department of Agriculture
1183 (8) SPECIAL INCENTIVES.—If the department determines it is 1212 and Consumer Services. For each project, the evaluation and
1184 in the best interest of the public for reasons of facilitating 1213 recommendation to the department must include, but need not be
1185 economic development, growth, or new employment opportunities 1214 limited to:
1186 within a Disproportionally Affected County, the department may, 1215 (a) A description of the project, its required facilities,
1187 between July 1, 2011, and June 30, 2014, waive any or all wage 1216 and the associated product, service, or research and development
1188 or local financial support eligibility requirements and allow a 1217 associated with the project.
1189 qualified target industry business from another state which 1218 (b) The percentage of match provided for the project.
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1219 (c) The number of full-time equivalent jobs that will be 1248 (l) Additional evaluative criteria for a research and
1220 created by the project, the total estimated average annual wages 1249 development facility project, including:
1221 of such jobs, and the types of business activities and jobs 1250 1. A description of the extent to which the project has the
1222 likely to be stimulated by the project. 1251 potential to serve as catalyst for an emerging or evolving
1223 (d) The cumulative investment to be dedicated to the 1252 cluster.
1224 project within 5 years and the total investment expected in the 1253 2. A description of the extent to which the project has or
1225 project if more than 5 years. 1254 could have a long-term collaborative research and development
1226 (e) The projected economic and fiscal impacts on the local 1255 relationship with one or more universities or community colleges
1227 and state economies relative to investment. 1256 in this state.
1228 (f) A statement of any special impacts the project is 1257 3. A description of the existing or projected impact of the
1229 expected to stimulate in a particular business sector in the 1258 project on established clusters or targeted industry sectors.
1230 state or regional economy or in the state’s universities and 1259 4. A description of the project’s contribution to the
1231 community colleges. 1260 diversity and resiliency of the innovation economy of this
1232 (g) A statement of any anticipated or proposed 1261 state.
1233 relationships with state universities. 1262 5. A description of the project’s impact on special needs
1234 (h) A statement of the role the incentive is expected to 1263 communities, including, but not limited to, rural areas,
1235 play in the decision of the applicant to locate or expand in 1264 distressed urban areas, and enterprise zones.
1236 this state. 1265 (m) Additional evaluative criteria for alternative and
1237 (i) A recommendation and explanation of the amount of the 1266 renewable energy proposals, including:
1238 award needed to cause the applicant to expand or locate in this 1267 1. The availability of matching funds or other in-kind
1239 state. 1268 contributions applied to the total project from an applicant.
1240 (j) A discussion of the efforts and commitments made by the 1269 The Department of Agriculture and Consumer Services shall give
1241 local community in which the project is to be located to induce 1270 greater preference to projects that provide such matching funds
1242 the applicant’s location or expansion, taking into consideration 1271 or other in-kind contributions.
1243 local resources and abilities. 1272 2. The degree to which the project stimulates in-state
1244 (k) A recommendation for specific performance criteria the 1273 capital investment and economic development in metropolitan and
1245 applicant would be expected to achieve in order to receive 1274 rural areas, including the creation of jobs and the future
1246 payments from the fund and penalties or sanctions for failure to 1275 development of a commercial market for renewable energy
1247 meet or maintain performance conditions. 1276 technologies.
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1277 3. The extent to which the proposed project has been 1306 the responsibility to hire the film commissioner. Qualifications
1278 demonstrated to be technically feasible based on pilot project 1307 for the film commissioner include, but are not limited to, the
1279 demonstrations, laboratory testing, scientific modeling, or 1308 following:
1280 engineering or chemical theory that supports the proposal. 1309 1. A working knowledge of the equipment, personnel,
1281 4. The degree to which the project incorporates an 1310 financial, and day-to-day production operations of the
1282 innovative new technology or an innovative application of an 1311 industries to be served by the Office of Film and Entertainment;
1283 existing technology. 1312 2. Marketing and promotion experience related to the film
1284 5. The degree to which a project generates thermal, 1313 and entertainment industries to be served;
1285 mechanical, or electrical energy by means of a renewable energy 1314 3. Experience working with a variety of individuals
1286 resource that has substantial long-term production potential. 1315 representing large and small entertainment-related businesses,
1287 6. The degree to which a project demonstrates efficient use 1316 industry associations, local community entertainment industry
1288 of energy and material resources. 1317 liaisons, and labor organizations; and
1289 7. The degree to which the project fosters overall 1318 4. Experience working with a variety of state and local
1290 understanding and appreciation of renewable energy technologies. 1319 governmental agencies.
1291 8. The ability to administer a complete project. 1320 Section 25. Subsection (8) of section 288.8014, Florida
1292 9. Project duration and timeline for expenditures. 1321 Statutes, is amended to read:
1293 10. The geographic area in which the project is to be 1322 288.8014 Triumph Gulf Coast, Inc.; organization; board of
1294 conducted in relation to other projects. 1323 directors.—
1295 11. The degree of public visibility and interaction. 1324 (8) The Secretary executive director of the Department of
1296 Section 24. Paragraph (b) of subsection (1) of section 1325 Economic Opportunity, or his or her designee, the secretary of
1297 288.1251, Florida Statutes, is amended to read: 1326 the Department of Environmental Protection, or his or her
1298 288.1251 Promotion and development of entertainment 1327 designee, and the chair of the Committee of 8 Disproportionally
1299 industry; Office of Film and Entertainment; creation; purpose; 1328 Affected Counties, or his or her designee, shall be available to
1300 powers and duties.— 1329 consult with the board of directors and may be requested to
1301 (1) CREATION.— 1330 attend meetings of the board of directors. These individuals
1302 (b) The department shall conduct a national search for a 1331 shall not be permitted to vote on any matter before the board.
1303 qualified person to fill the position of Commissioner of Film 1332 Section 26. Paragraph (a) of subsection (4) of section
1304 and Entertainment when the position is vacant. The Secretary of 1333 288.955, Florida Statutes, is amended to read:
1305 Economic Opportunity executive director of the department has 1334 288.955 Scripps Florida Funding Corporation.—
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1335 (4) BOARD; MEMBERSHIP.—The corporation shall be governed by 1364 Section 28. Subsection (5) of section 288.987, Florida
1336 a board of directors. 1365 Statutes, is amended to read:
1337 (a) The board of directors shall consist of nine voting 1366 288.987 Florida Defense Support Task Force.—
1338 members, of whom the Governor shall appoint three, the President 1367 (5) The Secretary executive director of the Department of
1339 of the Senate shall appoint three, and the Speaker of the House 1368 Economic Opportunity, or his or her designee, shall serve as the
1340 of Representatives shall appoint three. The Secretary of 1369 ex officio, nonvoting executive director of the task force.
1341 Economic Opportunity executive director of the department or the 1370 Section 29. Paragraph (a) of subsection (6) of section
1342 secretary’s director’s designee shall serve as an ex-officio, 1371 290.0065, Florida Statutes, is amended to read:
1343 nonvoting member of the board of directors. 1372 290.0065 State designation of enterprise zones.—
1344 Section 27. Subsection (2) of section 288.9604, Florida 1373 (6)(a) The department may develop guidelines necessary for
1345 Statutes, is amended to read: 1374 the approval of areas under this section by the Secretary of
1346 288.9604 Creation of the corporation.— 1375 Economic Opportunity executive director.
1347 (2) The board of directors of the corporation shall consist 1376 Section 30. Subsection (1) of section 311.09, Florida
1348 of seven directors. The Secretary of Economic Opportunity 1377 Statutes, is amended to read:
1349 executive director of the department, or his or her designee, 1378 311.09 Florida Seaport Transportation and Economic
1350 shall serve as chair of the board of directors of the 1379 Development Council.—
1351 corporation. The director of the Division of Bond Finance of the 1380 (1) The Florida Seaport Transportation and Economic
1352 State Board of Administration, or his or her designee, shall 1381 Development Council is created within the Department of
1353 serve as a director on the board of directors of the 1382 Transportation. The council consists of the following 17
1354 corporation. The Governor, subject to confirmation by the 1383 members: the port director, or the port director’s designee, of
1355 Senate, shall appoint the remaining five directors of the board 1384 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1356 of directors of the corporation. The terms of office for the 1385 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1357 appointed directors are for 4 years after the date of their 1386 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1358 appointment. A vacancy occurring during a term of an appointed 1387 West, and Fernandina; the secretary of the Department of
1359 director shall be filled for the unexpired term. An appointed 1388 Transportation or his or her designee; and the secretary
1360 director is eligible for reappointment. At least three of the 1389 director of the Department of Economic Opportunity or his or her
1361 appointed directors of the corporation must have experience in 1390 designee.
1362 finance, and one of the directors must have experience in 1391 Section 31. Paragraph (b) of subsection (1) of section
1363 economic development. 1392 311.105, Florida Statutes, is amended to read:
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1393 311.105 Florida Seaport Environmental Management Committee; 1422 University of South Florida by the College of Engineering at the
1394 permitting; mitigation.— 1423 University of South Florida, and the appointment of these
1395 (1) 1424 members must be reviewed and approved by the Florida
1396 (b) The committee shall consist of the following members: 1425 Transportation Commission and confirmed by the Board of
1397 the Secretary of Environmental Protection, or his or her 1426 Governors.
1398 designee, as an ex officio, nonvoting member; a designee from 1427 Section 33. Subsection (5) of section 373.4149, Florida
1399 the United States Army Corps of Engineers, as an ex officio, 1428 Statutes, is amended to read:
1400 nonvoting member; a designee from the Florida Inland Navigation 1429 373.4149 Miami-Dade County Lake Belt Plan.—
1401 District, as an ex officio, nonvoting member; the Secretary 1430 (5) The secretary of the Department of Environmental
1402 executive director of the Department of Economic Opportunity, or 1431 Protection, the secretary executive director of the Department
1403 his or her designee, as an ex officio, nonvoting member; and 1432 of Economic Opportunity, the secretary of the Department of
1404 five or more port directors, as voting members, appointed to the 1433 Transportation, the Commissioner of Agriculture, the executive
1405 committee by the council chair, who shall also designate one 1434 director of the Fish and Wildlife Conservation Commission, and
1406 such member as committee chair. 1435 the executive director of the South Florida Water Management
1407 Section 32. Subsection (3) of section 334.065, Florida 1436 District may enter into agreements with landowners, developers,
1408 Statutes, is amended to read: 1437 businesses, industries, individuals, and governmental agencies
1409 334.065 Center for Urban Transportation Research.— 1438 as necessary to effectuate the Miami-Dade County Lake Belt Plan
1410 (3) An advisory board shall be created to periodically and 1439 and the provisions of this section.
1411 objectively review and advise the center concerning its research 1440 Section 34. Subsection (2) of section 380.045, Florida
1412 program. Except for projects mandated by law, state-funded base 1441 Statutes, is amended to read:
1413 projects shall not be undertaken without approval of the 1442 380.045 Resource planning and management committees;
1414 advisory board. The membership of the board shall consist of 1443 objectives; procedures.—
1415 nine experts in transportation-related areas, including the 1444 (2) The committee must shall include, but is shall not be
1416 secretaries of the Department Florida Departments of 1445 limited to, representation from each of the following: elected
1417 Transportation, the Department of and Environmental Protection, 1446 officials from the local governments within the area under
1418 and the executive director of the Department of Economic 1447 study; the planning office of each of the local governments
1419 Opportunity, or their designees, and a member of the Florida 1448 within the area under study; the state land planning agency; any
1420 Transportation Commission. The nomination of the remaining 1449 other state agency under chapter 20 a representative of which
1421 members of the board shall be made to the President of the 1450 the Governor feels is relevant to the compilation of the
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1451 committee; and a water management district, if appropriate, and 1480 Statutes, is amended to read:
1452 regional planning council all or part of whose jurisdiction lies 1481 420.0005 State Housing Trust Fund; State Housing Fund.—
1453 within the area under study. After the appointment of the 1482 (1) There is established in the State Treasury a separate
1454 members, the Governor shall select a chair and vice chair. A 1483 trust fund to be named the “State Housing Trust Fund.” There
1455 staff member of the state land planning agency shall be 1484 shall be deposited in the fund all moneys appropriated by the
1456 appointed by the secretary director of such agency to serve as 1485 Legislature, or moneys received from any other source, for the
1457 the secretary of the committee. The state land planning agency 1486 purpose of this chapter, and all proceeds derived from the use
1458 shall, to the greatest extent possible, provide technical 1487 of such moneys. The fund shall be administered by the Florida
1459 assistance and administrative support to the committee. Meetings 1488 Housing Finance Corporation on behalf of the department, as
1460 will be called as needed by the chair or on the demand of three 1489 specified in this chapter. Money deposited to the fund and
1461 or more members of the committee. The committee will act on a 1490 appropriated by the Legislature must, notwithstanding the
1462 simple majority of a quorum present and shall make a report 1491 provisions of chapter 216 or s. 420.504(3), be transferred
1463 within 6 months to the head of the state land planning agency. 1492 quarterly in advance, to the extent available, or, if not so
1464 The committee must shall, from the time of appointment, remain 1493 available, as soon as received into the State Housing Trust
1465 in existence for no less than 6 months. 1494 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
1466 Section 35. Subsection (5) of section 403.0752, Florida 1495 by the Chief Financial Officer to the corporation upon
1467 Statutes, is amended to read: 1496 certification by the Secretary executive director of the
1468 403.0752 Ecosystem management agreements.— 1497 Department of Economic Opportunity that the corporation is in
1469 (5) The Secretary Executive Director of the Department of 1498 compliance with the requirements of s. 420.0006. The
1470 Economic Opportunity, the Secretary of Transportation, the 1499 certification made by the secretary executive director shall
1471 Commissioner of Agriculture, the Executive Director of the Fish 1500 also include the split of funds among programs administered by
1472 and Wildlife Conservation Commission, and the executive 1501 the corporation and the department as specified in chapter 92-
1473 directors of the water management districts are authorized to 1502 317, Laws of Florida, as amended. Moneys advanced by the Chief
1474 participate in the development of ecosystem management 1503 Financial Officer must be deposited by the corporation into a
1475 agreements with regulated entities and other governmental 1504 separate fund established with a qualified public depository
1476 agencies as necessary to effectuate the provisions of this 1505 meeting the requirements of chapter 280 to be named the “State
1477 section. Local governments are encouraged to participate in 1506 Housing Fund” and used for the purposes of this chapter.
1478 ecosystem management agreements. 1507 Administrative and personnel costs incurred in implementing this
1479 Section 36. Subsection (1) of section 420.0005, Florida 1508 chapter may be paid from the State Housing Fund, but such costs
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1509 may not exceed 5 percent of the moneys deposited into such fund. 1538 Advances shall continue to be made pursuant to s. 420.0005
1510 To the State Housing Fund shall be credited all loan repayments, 1539 during the pendency of the review. If such failure is due to
1511 penalties, and other fees and charges accruing to such fund 1540 outside forces, it may not be deemed a violation of the
1512 under this chapter. It is the intent of this chapter that all 1541 contract. If such failure is due to inadequate management, the
1513 loan repayments, penalties, and other fees and charges collected 1542 department’s inspector general shall provide recommendations
1514 be credited in full to the program account from which the loan 1543 regarding solutions. The Governor may resolve differences of
1515 originated. Moneys in the State Housing Fund which are not 1544 opinion with respect to performance under the contract and may
1516 currently needed for the purposes of this chapter shall be 1545 request that advances continue in the event of a failure under
1517 invested in such manner as is provided for by statute. The 1546 the contract due to inadequate management. The Chief Financial
1518 interest received on any such investment shall be credited to 1547 Officer shall approve the request absent a finding by the Chief
1519 the State Housing Fund. 1548 Financial Officer that continuing such advances would adversely
1520 Section 37. Section 420.0006, Florida Statutes, is amended 1549 impact the state; however, the Chief Financial Officer shall
1521 to read: 1550 provide advances sufficient to meet the debt service
1522 420.0006 Authority to contract with corporation; contract 1551 requirements of the corporation and sufficient to fund contracts
1523 requirements; nonperformance.—The Secretary executive director 1552 committing funds from the State Housing Trust Fund if such
1524 of Economic Opportunity the department shall contract, 1553 contracts are in accordance with the laws of this state.
1525 notwithstanding part I of chapter 287, with the Florida Housing 1554 Section 38. Paragraph (d) of subsection (1) of section
1526 Finance Corporation on a multiyear basis to stimulate, provide, 1555 420.101, Florida Statutes, is amended to read:
1527 and foster affordable housing in the state. The contract must 1556 420.101 Housing Development Corporation of Florida;
1528 incorporate the performance measures required by s. 420.511 and 1557 creation, membership, and purposes.—
1529 be consistent with the corporation’s strategic business plan 1558 (1) Twenty-five or more persons, a majority of whom shall
1530 prepared in accordance with s. 420.511. The contract must 1559 be residents of this state, who may desire to create a housing
1531 provide that if the corporation fails to comply with a 1560 development corporation under the provisions of this part for
1532 performance measure required by s. 420.511, the secretary 1561 the purpose of promoting and developing housing and advancing
1533 executive director shall notify the Governor and refer the 1562 the prosperity and economic welfare of the state and, to that
1534 nonperformance to the department’s inspector general for review 1563 end, to exercise the powers and privileges hereinafter provided,
1535 and determination as to whether such failure is due to forces 1564 may be incorporated by filing in the Department of State, as
1536 beyond the corporation’s control or whether such failure is due 1565 hereinafter provided, articles of incorporation. The articles of
1537 to inadequate management of the corporation’s resources. 1566 incorporation shall contain:
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1567 (d) The names and post office addresses of the members of 1596 Housing Finance Corporation constitutes an entrepreneurial
1568 the first board of directors. The first board of directors shall 1597 public corporation organized to provide and promote the public
1569 be elected by and from the stockholders of the corporation and 1598 welfare by administering the governmental function of financing
1570 shall consist of 21 members. However, five of such members shall 1599 or refinancing housing and related facilities in this state and
1571 consist of the following persons, who shall be nonvoting 1600 that the corporation is not a department of the executive branch
1572 members: the Secretary executive director of the Department of 1601 of state government within the scope and meaning of s. 6, Art.
1573 Economic Opportunity or her or his designee; the head of the 1602 IV of the State Constitution, but is functionally related to the
1574 Department of Financial Services or her or his designee with 1603 Department of Economic Opportunity in which it is placed. The
1575 expertise in banking matters; a designee of the head of the 1604 executive function of state government to be performed by the
1576 Department of Financial Services with expertise in insurance 1605 Secretary executive director of the Department of Economic
1577 matters; one state senator appointed by the President of the 1606 Opportunity in the conduct of the business of the Florida
1578 Senate; and one representative appointed by the Speaker of the 1607 Housing Finance Corporation must be performed pursuant to a
1579 House of Representatives. 1608 contract to monitor and set performance standards for the
1580 Section 39. Subsection (8) of section 420.503, Florida 1609 implementation of the business plan for the provision of housing
1581 Statutes, is amended to read: 1610 approved for the corporation as provided in s. 420.0006. This
1582 420.503 Definitions.—As used in this part, the term: 1611 contract must include performance standards for the provision of
1583 (8) “Contract” means the contract between the Secretary 1612 affordable housing in this state established in the strategic
1584 executive director of Economic Opportunity the department and 1613 business plan described in s. 420.511.
1585 the corporation for provision of housing services referenced in 1614 (3) The corporation is a separate budget entity and is not
1586 s. 420.0006. 1615 subject to control, supervision, or direction by the Department
1587 Section 40. Subsections (1) and (3) of section 420.504, 1616 of Economic Opportunity in any manner, including, but not
1588 Florida Statutes, are amended to read: 1617 limited to, personnel, purchasing, transactions involving real
1589 420.504 Public corporation; creation, membership, terms, 1618 or personal property, and budgetary matters. The corporation
1590 expenses.— 1619 shall consist of a board of directors composed of the Secretary
1591 (1) A public corporation and a public body corporate and 1620 executive director of the Department of Economic Opportunity as
1592 politic, to be known as the “Florida Housing Finance 1621 an ex officio and voting member, or a senior-level agency
1593 Corporation,” is created within the Department of Economic 1622 employee designated by the secretary director, and eight members
1594 Opportunity. It is declared to be the intent of and 1623 appointed by the Governor subject to confirmation by the Senate
1595 constitutional construction by the Legislature that the Florida 1624 from the following:
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1625 (a) One citizen actively engaged in the residential home 1654 and service providers, including legal counsel. The board is
1626 building industry. 1655 entitled to establish travel procedures and guidelines for
1627 (b) One citizen actively engaged in the banking or mortgage 1656 employees of the corporation, subject to s. 112.061(6) and (7).
1628 banking industry. 1657 The executive director’s office and the corporation’s files and
1629 (c) One citizen who is a representative of those areas of 1658 records must be located in Leon County.
1630 labor engaged in home building. 1659 Section 42. Subsection (30) of section 420.507, Florida
1631 (d) One citizen with experience in housing development who 1660 Statutes, is amended to read:
1632 is an advocate for low-income persons. 1661 420.507 Powers of the corporation.—The corporation shall
1633 (e) One citizen actively engaged in the commercial building 1662 have all the powers necessary or convenient to carry out and
1634 industry. 1663 effectuate the purposes and provisions of this part, including
1635 (f) One citizen who is a former local government elected 1664 the following powers which are in addition to all other powers
1636 official. 1665 granted by other provisions of this part:
1637 (g) Two citizens of the state who are not principally 1666 (30) To prepare and submit to the Secretary executive
1638 employed as members or representatives of any of the groups 1667 director of Economic Opportunity the department a budget request
1639 specified in paragraphs (a)-(f). 1668 for purposes of the corporation, which request shall,
1640 Section 41. Subsection (1) of section 420.506, Florida 1669 notwithstanding the provisions of chapter 216 and in accordance
1641 Statutes, is amended to read: 1670 with s. 216.351, contain a request for operational expenditures
1642 420.506 Executive director; agents and employees; inspector 1671 and separate requests for other authorized corporation programs.
1643 general.— 1672 The request need not contain information on the number of
1644 (1) The appointment and removal of an executive director 1673 employees, salaries, or any classification thereof, and the
1645 shall be by the Secretary executive director of the Department 1674 approved operating budget therefor need not comply with s.
1646 of Economic Opportunity, with the advice and consent of the 1675 216.181(8)-(10). The secretary executive director may include
1647 corporation’s board of directors. The executive director shall 1676 within the department’s budget request the corporation’s budget
1648 employ legal and technical experts and such other agents and 1677 request in the form as authorized by this section.
1649 employees, permanent and temporary, as the corporation may 1678 Section 43. Subsection (2) of section 420.511, Florida
1650 require, and shall communicate with and provide information to 1679 Statutes, is amended to read:
1651 the Legislature with respect to the corporation’s activities. 1680 420.511 Strategic business plan; long-range program plan;
1652 Notwithstanding s. 216.262, the board may develop and implement 1681 annual report; audited financial statements.—
1653 rules regarding the employment of employees of the corporation 1682 (2) The corporation, in coordination with the department,
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1683 shall annually develop a long-range program plan for the 1712 other housing recommendations to the Secretary director of
1684 provision of affordable housing in this state as required 1713 Economic Opportunity the department and the executive director
1685 pursuant to chapter 186. In part, the plan must include 1714 of the corporation.
1686 provisions that maximize the abilities of the corporation to 1715 Section 46. Subsection (2) of section 420.622, Florida
1687 implement the state housing strategy established under s. 1716 Statutes, is amended to read:
1688 420.0003, to respond to federal housing initiatives, and to 1717 420.622 State Office on Homelessness; Council on
1689 develop programs in a manner that is more responsive to the 1718 Homelessness.—
1690 needs of public and private partners. The plan shall be 1719 (2) The Council on Homelessness is created to consist of 19
1691 developed on a schedule consistent with that established by s. 1720 representatives of public and private agencies who shall develop
1692 186.021. For purposes of this section, the Secretary of Economic 1721 policy and advise the State Office on Homelessness. The council
1693 Opportunity executive director or his or her designee shall 1722 members shall be: the Secretary of Children and Families, or his
1694 serve as the corporation’s representative to achieve a 1723 or her designee; the Secretary executive director of the
1695 coordinated and integrated planning relationship with the 1724 Department of Economic Opportunity, or his or her designee, who
1696 department. 1725 shall advise the council on issues related to rural development;
1697 Section 44. Subsection (7) of section 420.602, Florida 1726 the State Surgeon General, or his or her designee; the Executive
1698 Statutes, is amended to read: 1727 Director of Veterans’ Affairs, or his or her designee; the
1699 420.602 Definitions.—As used in this part, the following 1728 Secretary of Corrections, or his or her designee; the Secretary
1700 terms shall have the following meanings, unless the context 1729 of Health Care Administration, or his or her designee; the
1701 otherwise requires: 1730 Commissioner of Education, or his or her designee; the Executive
1702 (7) “Director” means the executive director of the 1731 Director of CareerSource Florida, Inc., or his or her designee;
1703 Department of Economic Opportunity. 1732 one representative of the Florida Association of Counties; one
1704 Section 45. Subsection (5) of section 420.609, Florida 1733 representative of the Florida League of Cities; one
1705 Statutes, is amended to read: 1734 representative of the Florida Supportive Housing Coalition; one
1706 420.609 Affordable Housing Study Commission.—Because the 1735 representative of the Florida Housing Coalition; the Executive
1707 Legislature firmly supports affordable housing in Florida for 1736 Director of the Florida Housing Finance Corporation, or his or
1708 all economic classes: 1737 her designee; one representative of the Florida Coalition for
1709 (5) The commission shall review, evaluate, and make 1738 the Homeless; the secretary of the Department of Elder Affairs,
1710 recommendations regarding existing and proposed housing programs 1739 or his or her designee; and four members appointed by the
1711 and initiatives. The commission shall provide these and any 1740 Governor. The council members shall be nonpaid volunteers and
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1741 shall be reimbursed only for travel expenses. The appointed 1770 (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
1742 members of the council shall be appointed to staggered 2-year 1771 wishing to participate in the short-time compensation program
1743 terms and are encouraged to have experience in the 1772 must submit a signed, written, short-time plan to the Department
1744 administration or provision of resources, services, or housing 1773 of Economic Opportunity for approval. The Secretary of Economic
1745 that addresses the needs of persons experiencing homelessness. 1774 Opportunity director or his or her designee shall approve the
1746 The council shall meet at least four times per year. The 1775 plan if:
1747 importance of minority, gender, and geographic representation 1776 (a) The plan applies to and identifies each specific
1748 shall be considered in appointing members to the council. 1777 affected unit;
1749 Section 47. Paragraph (g) of subsection (1) of section 1778 (b) The individuals in the affected unit are identified by
1750 427.012, Florida Statutes, is amended to read: 1779 name and social security number;
1751 427.012 The Commission for the Transportation 1780 (c) The normal weekly hours of work for individuals in the
1752 Disadvantaged.—There is created the Commission for the 1781 affected unit are reduced by at least 10 percent and by not more
1753 Transportation Disadvantaged in the Department of 1782 than 40 percent;
1754 Transportation. 1783 (d) The plan includes a certified statement by the employer
1755 (1) The commission shall consist of seven members, all of 1784 that the aggregate reduction in work hours is in lieu of layoffs
1756 whom shall be appointed by the Governor, in accordance with the 1785 that would affect at least 10 percent of the employees in the
1757 requirements of s. 20.052. 1786 affected unit and that would have resulted in an equivalent
1758 (g) The Secretary of Transportation, the Secretary of 1787 reduction in work hours;
1759 Children and Families, the Secretary executive director of the 1788 (e) The plan applies to at least 10 percent of the
1760 Department of Economic Opportunity, the executive director of 1789 employees in the affected unit;
1761 the Department of Veterans’ Affairs, the Secretary of Elderly 1790 (f) The plan is approved in writing by the collective
1762 Affairs, the Secretary of Health Care Administration, the 1791 bargaining agent for each collective bargaining agreement
1763 director of the Agency for Persons with Disabilities, and a 1792 covering any individual in the affected unit;
1764 county manager or administrator who is appointed by the 1793 (g) The plan does not serve as a subsidy to seasonal
1765 Governor, or a senior management level representative of each, 1794 employers during the off-season or as a subsidy to employers who
1766 shall serve as ex officio, nonvoting advisors to the commission. 1795 traditionally use part-time employees;
1767 Section 48. Subsections (2), (3), and (4) of section 1796 (h) The plan certifies that, if the employer provides
1768 443.1116, Florida Statutes, are amended to read: 1797 fringe benefits to any employee whose workweek is reduced under
1769 443.1116 Short-time compensation.— 1798 the program, the fringe benefits will continue to be provided to
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1799 the employee participating in the short-time compensation 1828 by the Secretary of Economic Opportunity director or his or her
1800 program under the same terms and conditions as though the 1829 designee and expires at the end of the 12th full calendar month
1801 workweek of such employee had not been reduced or to the same 1830 after its effective date.
1802 extent as other employees not participating in the short-time 1831 Section 49. Paragraph (d) of subsection (2) of section
1803 compensation program. As used in this paragraph, the term 1832 446.53, Florida Statutes, is amended to read:
1804 “fringe benefits” includes, but is not limited to, health 1833 446.53 Concrete masonry education.—
1805 insurance, retirement benefits under defined benefit pension 1834 (2)
1806 plans as defined in subsection 35 of s. 1002 of the Employee 1835 (d) In addition to the 13 voting members described in
1807 Retirement Income Security Act of 1974, 29 U.S.C., contributions 1836 paragraph (a), the Secretary executive director of the
1808 under a defined contribution plan as defined in s. 414(i) of the 1837 Department of Economic Opportunity, or his or her designee,
1809 Internal Revenue Code, paid vacation and holidays, and sick 1838 shall serve ex officio as a nonvoting member of the board of
1810 leave; 1839 directors of the council.
1811 (i) The plan describes the manner in which the requirements 1840 Section 50. Section 450.261, Florida Statutes, is amended
1812 of this subsection will be implemented, including a plan for 1841 to read:
1813 giving notice, if feasible, to an employee whose workweek is to 1842 450.261 Interstate Migrant Labor Commission; Florida
1814 be reduced, together with an estimate of the number of layoffs 1843 membership.—In selecting the Florida membership of the
1815 that would have occurred absent the ability to participate in 1844 Interstate Migrant Labor Commission, the Governor may designate
1816 short-time compensation; and 1845 the Secretary executive director of the Department of Economic
1817 (j) The terms of the employer’s written plan and 1846 Opportunity as his or her representative.
1818 implementation are consistent with employer obligations under 1847 Section 51. Paragraph (d) of subsection (1), paragraph (a)
1819 applicable federal laws and laws of this state. 1848 of subsection (4), and paragraphs (b), (c), and (d) of
1820 (3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of 1849 subsection (5) of section 624.5105, Florida Statutes, are
1821 Economic Opportunity director or his or her designee shall 1850 amended to read:
1822 approve or disapprove a short-time compensation plan in writing 1851 624.5105 Community contribution tax credit; authorization;
1823 within 15 days after its receipt. If the plan is denied, the 1852 limitations; eligibility and application requirements;
1824 secretary director or his or her designee shall notify the 1853 administration; definitions; expiration.—
1825 employer of the reasons for disapproval. 1854 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
1826 (4) BEGINNING AND TERMINATION OF SHORT-TIME COMPENSATION 1855 (d) Each proposal for the granting of such tax credit
1827 BENEFIT PERIOD.—A plan takes effect on the date of its approval 1856 requires the prior approval of the Secretary of Economic
Page 63 of 66 Page 64 of 66
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2021 SB 1948 Florida Senate - 2021 SB 1948
4-01074D-21 20211948__ 4-01074D-21 20211948__
1857 Opportunity director. 1886 1004.015, Florida Statutes, is amended to read:
1858 (4) ADMINISTRATION.— 1887 1004.015 Florida Talent Development Council.—
1859 (a)1. The Department of Economic Opportunity may adopt 1888 (2) Members of the council shall include:
1860 rules to administer this section, including rules for the 1889 (f) The Secretary executive director of the Department of
1861 approval or disapproval of proposals by insurers. 1890 Economic Opportunity.
1862 2. The decision of the Secretary of Economic Opportunity 1891 Section 53. This act shall take effect upon becoming a law.
1863 director shall be in writing, and, if approved, the proposal
1864 shall state the maximum credit allowable to the insurer. A copy
1865 of the decision shall be transmitted to the executive director
1866 of the Department of Revenue, who shall apply such credit to the
1867 tax liability of the insurer.
1868 3. The Department of Economic Opportunity shall monitor all
1869 projects periodically, in a manner consistent with available
1870 resources to ensure that resources are utilized in accordance
1871 with this section; however, each project shall be reviewed no
1872 less frequently than once every 2 years.
1873 4. The Department of Economic Opportunity shall, in
1874 consultation with the Florida Housing Finance Corporation and
1875 the statewide and regional housing and financial intermediaries,
1876 market the availability of the community contribution tax credit
1877 program to community-based organizations.
1878 (5) DEFINITIONS.—As used in this section, the term:
1879 (b) “Director” means the director of the Department of
1880 Economic Opportunity.
1881 (b)(c) “Local government” means any county or incorporated
1882 municipality in the state.
1883 (c)(d) “Project” means an activity as defined in s.
1884 220.03(1)(t).
1885 Section 52. Paragraph (f) of subsection (2) of section
Page 65 of 66 Page 66 of 66
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 2, 2021
I respectfully request that Senate Bill #1046, relating to Arrest Booking Photographs, be placed
on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Aaron Bean
Florida Senate, District 4
File signed original with committee office S-020 (03/2004)
Duplicate
. U MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/15/21 APPEARANCE RECORD SB 1046
Meeting Date Bill Number (if applicable)
Topic Arrest Booking Photographs Amendment Barcode (if applicable)
Name Jorge Chamizo
Job Title Attorney
Address 8 S Monroe St Phone 850-681-0024
Street
Tallahassee FL 32312 Email jorge@flapartners.com
City State Z/p
Speaking: I For JAgainst Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Association of Criminal Defense Lawyers
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimc iy, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
March 15, 2021 APPEARANCE RECORD 1046
Meeting Date Bill Number (if applicable)
Topic Arrest Booking Photographs Amendment Barcode (if applicable)
Name Barney Bishop III
Job Title Chief Executive Officer
Address 2215 Thomasville Road Phone 850.510.9922
Street
Tallahassee FL 32308 Email Barney@BarneyBishop.co
City State Zip
Speaking: |For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Smart Justice Alliance
Appearing at request of Chair: Yes l l No Lobbyist registered with Legislature: Yes Ino
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thtc fr fnr» rtar a fha r hllf fnmrrl fnr fhie maafinn s.nni Z10/14/14A
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTI ONY ROO
The Florida Senate
03/15/21 APPEARANCE RECORD 1046
Bill Number (if applicable)
Meeting Date
708560
Topic Arrest Booking Photographs Amendment Barcode (if applicable)
Name Mathesie
Job Title FSU Law Student
Address 301 S Bronough St #600 Phone 9546958190
Street
Tallahassee FL 32301 Email bmathesie@gmail.com
City State Zip
Against Information Waive Speaking: In Support Against
Speaking:
(The Chair will read this information into the record.)
Representing Myself
Appearing at request of Chair: Yes 1* 1 No Lobbyist registered with Legislature:
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public reco d for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1046
INTRODUCER: Commerce and Tourism Committee, Senator Bean, and others
SUBJECT: Arrest Booking Photographs
DATE: March 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stokes Jones CJ Favorable
2. Harmsen McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1046 expands s. 901.43, F.S., to subject any person or entity that publishes or
disseminates information relating to arrest booking photographs for a commercial purpose or
pecuniary gain as their primary business model to a civil penalty for failing to remove the arrest
booking photograph upon written request.
Section 901.43, F.S., prohibits any person or entity engaged in the business of publishing or
otherwise disseminating arrest booking photographs from soliciting or accepting a fee to remove
the photographs. Additionally, this section requires persons or entities who accept a fee for the
removal of such photographs to remove the photographs within ten days of a written request or
be subject to a civil penalty.
This bill may have an indeterminate fiscal impact on the courts due to the expansion of what
entities are subject to civil penalties. See Section V. Fiscal Impact Statement.
This bill is effective October 1, 2021.
BILL: CS/SB 1046 Page 2
II. Present Situation:
Dissemination of Arrest Booking Photographs
Section 901.43, F.S., provides that any person or entity engaged in the business of publicly
publishing arrest booking photographs may not solicit or accept a fee or other form of payment
to remove the photographs.1
A person whose arrest booking photograph is published, or his or her legal representative, may
request that a registered agent of the person or entity who published the photograph remove the
photograph. The request must:
Be made in writing.
Be sent by registered mail.
Include sufficient proof of identification of the person whose arrest booking photograph was
published.
Include specific information identifying the arrest booking photograph that the request seeks
to remove.2
The person or entity that published the arrest booking photograph must remove the photograph
within 10 days of receipt of the written request for removal.3 If the photograph is not removed
within 10 calendar days, the person seeking removal may bring a civil action to enjoin the
continued publication of the photograph. Additionally, the court may impose a civil penalty of
$1,000 per day for noncompliance and must award reasonable attorney fees and court costs.
Money recovered for civil penalties must be deposited into the General Revenue Fund.4
Refusal to remove an arrest booking photograph after written request has been made constitutes
an unfair or deceptive trade practice in accordance with part II of ch. 501, F.S.5
Section 901.43, F.S., only applies to a person or entity that solicits or accepts payments to
remove arrest booking photographs.6
Public Disclosure of Criminal Record Information
All “materials made or received by an agency in connection with official business which are
used to perpetuate, communicate, or formalize knowledge” are public records and open for
public inspection, unless a specific exemption applies.7
1
Section 901.43(1), F.S.
2
Section 901.43(2), F.S.
3
Id.
4
Section 901.43(3), F.S.
5
Section 901.43(4), F.S.
6
Section 901.43(5), F.S.
7
Office of the Attorney General (Florida), Public Records: A Guide for Law Enforcement Agencies (2019 Edition), at p. 1.
and endnote 1 (citing Shevin v. Byron, Harless, Schaffer, Reid and Assocs., Inc., 379 So. 2d 633, 640 (Fla. 1980)) and
endnote 2 (citing Wait v. Fla. Power & Light Co., 372 So. 2d 420 (Fla. 1979)), available at
http://myfloridalegal.com/webfiles.nsf/WF/MNOS-BAMQDX/$file/2019+Law+Enforcement+Guide+v6.pdf (last visited on
Mar. 16, 2021).
BILL: CS/SB 1046 Page 3
Criminal record information may be obtained and published by non-governmental publishers.
This information includes booking photographs, arrest reports, charging documents, sentencing
orders, and criminal history information.8 Like all other records prepared by Florida government
agencies, arrest and crime reports are generally considered to be subject to public disclosure
unless specifically exempted.9 Statutory exemptions for active criminal investigative and
intelligence information, confessions, juvenile offender records, and certain victim information
may apply to crime reports and other law enforcement records.10
Arrest Record Information
Public record information pertaining to a person’s arrest for the alleged commission of a crime
includes the arrest report and booking photograph (“mugshot”). With few exceptions, arrest
record information (including booking photographs) must be disclosed pursuant to a public
records request.11 However, the arrest record information of juveniles charged with
misdemeanors is confidential and exempt,12 and a public records custodian may choose to not
electronically publish the arrest or booking photograph of a child that is not confidential and
exempt.13
Arrest record information may be requested by many persons and entities, including members of
the public, traditional news companies, companies that provide criminal history or criminal
record information for a service or subscriber fee (e.g., so that a private employer may determine
if a job applicant has a criminal history), and companies that are often referred to as “mugshot”
companies.
Mugshot companies operate commercial websites that repost booking photographs. The
companies often make a profit by charging a fee to remove the image. Photos posted on one site
may also be reposted to other sites, causing continuing harm to the reputation of the individual.14
Florida law does not specifically prohibit mugshot companies from posting booking
photographs, but does prohibit charging a removal fee.15
Laws and Legislation of Other States
Some states have passed laws addressing the issue of publishing booking photographs for
commercial gain. Fourteen states, including Florida, have enacted legislation designed to prohibit
8
The Florida Department of Law Enforcement is the central repository of criminal history information for the State of
Florida. For a fee, a search of Florida criminal history information regarding a person may be performed. Excluded from the
search is sealed or expunged information. Florida Department of Law Enforcement, Criminal History Information, Search
Florida’s Criminal Histories, https://web.fdle.state.fl.us/search/app/default (last visited Mar. 16, 2021).
9
Office of the Attorney General (Florida), Public Records: A Guide for Law Enforcement Agencies (2019 Edition), at p. 6,
available at http://myfloridalegal.com/webfiles.nsf/WF/MNOS-BAMQDX/$file/2019+Law+Enforcement+Guide+v6.pdf
(last visited Mar. 16, 2021).
10
Id. at 6-7.
11
Op. Att’y Gen. 94-90 (October 25, 1994) (footnotes omitted), available at
http://www.myfloridalegal.com/ago.nsf/Opinions/83A1D5004064269D852562210063168E (last visited Mar. 16, 2021).
12
Sections 943.053(3), and 985.04(2), F.S.
13
Section 985.04(2)(a)(2), F.S.
14
National Conference of State Legislatures, Mug Shots and Booking Photo Websites, Overview, May 4, 2020,
http://www.ncsl.org/research/telecommunications-and-information-technology/mug-shots-and-booking-photo-websites.aspx
(last visited Mar. 16, 2021).
15
Section 901.43, F.S.
BILL: CS/SB 1046 Page 4
commercial website operators from posting mugshot photos on a website and charging a removal
fee.16 Additionally, some states have limited public access to booking photographs. For example,
law enforcement in California have the discretion to furnish copies of booking photographs in
response to a public request. However, once a copy is furnished to one member of the general
public, it must be made available to all who make a request.17
An American Bar Association article suggests that there is no legal solution to this problem, and
instead, the solution will develop through private sector activity.18 For example, Google has
adjusted its algorithms so that the mugshot companies will not appear as prominently in the
search results. In addition, some credit card companies such as MasterCard, American Express,
and Discover are cutting ties with these types of websites.19
Case Law
Persons whose booking photographs are posted by commercial entities have sought relief based
on various causes of action. These include claims for an invasion of privacy based on false light,
invasion of privacy based on unauthorized appropriation of name or likeness, defamation by
slander, and unjust enrichment.20
In 2008, the Florida Supreme Court indicated that Florida does not recognize tort claims based
on false light, “because we conclude that false light is largely duplicative of existing torts, but
without the attendant protections of the First Amendment.”21 The Court specifically noted that
the key elements of a false claim are nearly identical to the elements required in a defamation
case.22 Florida does recognize defamation claims.23
Right of Publicity
Section 540.08(1), F.S., prohibits a person from publishing, printing, displaying, or otherwise
publicly using for purposes of trade or for any commercial or advertising purpose the name,
portrait, photograph, or other likeness of any natural person without the person’s express written
or oral consent to such use. There are exceptions for:
16
National Conference of State Legislatures, supra note 14. The thirteen states are California, Colorado, Georgia, Illinois,
Kentucky, Maryland, Missouri, Oregon, South Carolina, Texas, Utah, Virginia, and Wyoming.
17
Office of the Attorney General, State of California, Opinion No. 03-205 (July 14, 2003), available at
https://oag.ca.gov/system/files/opinions/pdfs/03-205.pdf (last visited Mar. 16, 2021).
18
Stephanie Francis Ward, Hoist Your Mug: Websites Will Post Your Name and Photo; Others Will Charge You to Remove
Them, ABA JOURNAL, August 1, 2012, available at
http://www.abajournal.com/magazine/article/hoist_your_mug_websites_will_post_your_name_and_photo_others_will_charg
e_yo (last visited Mar. 16, 2021).
19
National Conference of State Legislatures, Mug Shots and Booking Photo Websites, Overview, May 4, 2020,
http://www.ncsl.org/research/telecommunications-and-information-technology/mug-shots-and-booking-photo-websites.aspx
(last visited Mar. 16, 2021).
20
A claim of false light is a type of a claim of invasion of privacy based in tort. For example, to prevail in a false light claim
in Pennsylvania, a defendant must establish that a highly offensive false statement was publicized by a defendant with
knowledge or in reckless disregard of its falsity. Santillo v. Reedel, 430 Pa. Super. 290, 295-296 (Pa. Super. Ct.1993).
21
Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098, 1100 (Fla. 2008).
22
Id. at 1105-1106.
23
Id. at 1111-1112. See ch. 770, F.S.
BILL: CS/SB 1046 Page 5
Publication, printing, display, or use of the name or likeness of any person in any newspaper,
magazine, book, news broadcast or telecast, or other news medium or publication as part of
any bona fide news report or presentation having a current and legitimate public interest and
where such name or likeness is not used for advertising purposes;
The use of such name, portrait, photograph, or other likeness in connection with the resale or
other distribution of literary, musical, or artistic productions or other articles of merchandise
or property where such person has consented to the use on or in connection with the initial
sale or distribution; and
Any photograph of a person solely as a member of the public and where such person is not
named or otherwise identified in or in connection with the use of such photograph.24
When necessary consent is not obtained, the person whose name, portrait, photograph, or other
likeness is used may bring an action to enjoin the unauthorized publication, printing, display or
other public use, and to recover damages for any loss or injury sustained, including an amount
which would have been a reasonable royalty, and punitive or exemplary damages.25
In 2014, a Florida federal district court denied the defendant’s motion to dismiss a cause of
action alleging a violation of s. 540.08, F.S., for publishing the plaintiff’s booking photograph
without her consent and advertising “unpublishing services” that required the payment of a fee to
remove the photograph.26 In a later proceeding, the court denied the plaintiff’s Motion to Certify
Class (to allow the case to proceed as a class action) without prejudice.27 The class action was
not re-filed, nor was the case resolved by trial on the merits. The resolution of the case and
whether the plaintiff would have succeeded on the merits of her claim is unknown.
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
History and Purpose of FDUTPA
Section 901.43(4), F.S., subjects a person or entity that refuses to remove an arrest booking
photograph after a specific request has been made to remove it to prosecution under the Florida
Deceptive and Unfair Trade Practices Act (FDUTPA).
FDUTPA is a consumer and business protection measure that prohibits unfair methods of
competition, unconscionable acts or practices, and unfair or deceptive acts or practices in trade or
commerce.28 The FDUTPA is based on federal law.29 The State Attorney or the Department of
Legal Affairs may bring actions when it is in the public interest on behalf of consumers or
governmental entities.30 The Office of the State Attorney may enforce violations of the FDUTPA
24
Section 540.08(4), F.S.
25
Section 540.08(2), F.S.
26
Bilotta v. Citizen Info. Assocs., LLC, 2014 U.S. Dist. LEXIS 3229 (M.D. Fla. Jan. 10, 2014).
27
Bilotta v. Citizen Info. Assocs., LLC, 2014 U.S. Dist. LEXIS 68495 (M.D. Fla. May 19, 2014).
28
Chapter 73-124, Laws of Fla., and s. 501.202, F.S.
29
D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. Miami L.
Rev. 1083, Summer 2011.
30
Section 501.207, F.S. David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic
Coverage; State Actions for Consumer Restitution, 76 FLA. B.J. 52, December 2002, available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300
791ec1!OpenDocument&Highlight=0,business,Division* (last visited Mar. 16, 2021).
BILL: CS/SB 1046 Page 6
if the violations take place in its jurisdiction. The Department of Legal Affairs has enforcement
authority if the violation is multi-jurisdictional, the state attorney defers in writing, or the state
attorney fails to act within 90 days after a written complaint is filed.31 Consumers may also file
suit through private actions.32
Remedies under the FDUTPA
The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the
following remedies:
Declaratory judgments;
Injunctive relief;
Actual damages on behalf of consumers and businesses;
Cease and desist orders; and
Civil penalties of up to $10,000 per willful violation.33
Remedies for private parties are limited to:
A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA
violation; and
Actual damages, attorney fees and court costs, where a person has suffered a loss due to a
FDUTPA violation.34
Arrest Records and Employment
An online mugshot photo can complicate the hiring process for some.35 According to one source,
77 percent of employers google their job applicants.36 The Equal Employment Opportunity
Commission (EEOC) has provided guidance that an arrest, in and of itself, is not a job-related
consideration consistent with business necessity because the fact of an arrest alone does not
establish that the criminal conduct occurred. However, this guidance further states that an
employer may make an employment decision based on the conduct underlying an arrest if the
conduct makes the individual unfit for the position in question.37
31
Section 501.203(2), F.S.
32
Section 501.211, F.S.
33
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
34
Section 501.211(1) and (2), F.S.
35
See, e.g., Samantha Schmidt, This Site Will Remove Your Mug Shot—For a Price, Authorities Say. Its Owners are Charged
with Extortion, THE WASHINGTON POST, May. 18, 2018, available at https://www.washingtonpost.com/news/morning-
mix/wp/2018/05/18/this-site-will-remove-your-mug-shot-for-a-price-now-its-owners-are-charged-with-extortion/ (last visited
Mar. 16, 2021); Ralph Cantave, Florida’s Mugshot Removal Law Isn’t Working as Intended. This FAMU Professor Found
out the Hard Way, WFSU NEWS, Jan. 9, 2020, available at https://wusfnews.wusf.usf.edu/2020-01-09/floridas-mugshot-
removal-law-isnt-working-as-intended-this-famu-professor-found-out-the-hard-way (last visited Mar. 16, 2020).
36
Jason Tashea, Use Copyright Law to Battle Mugshot Extortion, ABA JOURNAL, Mar. 27, 2018, available at
https://www.abajournal.com/lawscribbler/article/use_copyright_law_to_battle_against_mugshot_extortion (last visited Mar.
16, 2020).
37
Equal Employment Opportunity Commission, Enforcement Guidance on the Consideration of Arrest and Conviction
Records in Employment Decisions under Title VII of the Civil Rights Act, No. 915.002 (Apr. 25, 2012), available at
https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-
decisions (last visited Mar. 16, 2021).
BILL: CS/SB 1046 Page 7
III. Effect of Proposed Changes:
Section 901.43, F.S., prohibits any person or entity engaged in the business of publishing or
otherwise disseminating arrest booking photographs from soliciting or accepting a fee to remove
the photographs. Additionally, this section provides that persons or entities who accept a fee for
the removal of such photographs must remove the photographs within ten days of a written
request or be subject to a civil penalty.
The bill amends s. 901.43, F.S., to expand its application to any person or entity that publishes or
disseminates information relating to arrest booking photographs when they do so for a
commercial purpose or pecuniary gain. Therefore, these persons or entities are subject to a civil
penalty for the failure to remove an arrest booking photograph upon written request.
This bill is effective October 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
BILL: CS/SB 1046 Page 8
C. Government Sector Impact:
This bill may have an indeterminate fiscal impact on the courts due to the expansion of
what entities are subject to civil penalties.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 901.43 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 15, 2021:
The CS removes language that stated that this section did not apply to acts relating to the
dissemination of news to the public, including gathering, publishing, or broadcasting
information for a news-related purpose, or to any other act performed by a publisher,
owner, agent, employee, or retailer of a newspaper, radio station, radio network,
television station, television broadcast network, cable television network, or other online
news outlet associated with any news organization.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1046
Ì708560&Î708560
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Bean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 50 - 66
4 and insert:
5 (5) This section does not apply to any person or entity
6 that publishes or disseminates information relating to arrest
7 booking photographs unless:
8 (a) The person or entity solicits or accepts payment to
9 remove the photographs; or
10 (b) The person or entity’s primary business model is the
Page 1 of 2
3/11/2021 2:41:19 PM 577-02566-21
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1046
Ì708560&Î708560
11 publishing and disseminating of arrest booking photographs for a
12 commercial purpose or pecuniary gain.
13
14 ================= T I T L E A M E N D M E N T ================
15 And the title is amended as follows:
16 Delete line 8
17 and insert:
18 purpose or pecuniary gain;
Page 2 of 2
3/11/2021 2:41:19 PM 577-02566-21
Florida Senate - 2021 SB 1046 Florida Senate - 2021 SB 1046
By Senator Bean
4-01228-21 20211046__ 4-01228-21 20211046__
1 A bill to be entitled 30 identifying the arrest booking photograph that the written
2 An act relating to arrest booking photographs; 31 request is seeking to remove. Within 10 days of receipt of the
3 amending s. 901.43, F.S.; expanding the applicability 32 written request for removal of the arrest booking photograph,
4 of provisions relating to the dissemination of arrest 33 the person or entity who published or otherwise disseminated the
5 booking photographs to include a person or entity 34 photograph shall remove the arrest booking photograph without
6 whose primary business model is the publishing or 35 charge.
7 dissemination of such photographs for a commercial 36 (3) The person whose arrest booking photograph was
8 purpose or pecuniary gain; revising applicability; 37 published or otherwise disseminated in the publication or
9 providing an effective date. 38 electronic medium may bring a civil action to enjoin the
10 39 continued publication or dissemination of the photograph if the
11 Be It Enacted by the Legislature of the State of Florida: 40 photograph is not removed within 10 calendar days after receipt
12 41 of the written request for removal. The court may impose a civil
13 Section 1. Section 901.43, Florida Statutes, is amended to 42 penalty of $1,000 per day for noncompliance with an injunction
14 read: 43 and shall award reasonable attorney fees and court costs related
15 901.43 Dissemination of arrest booking photographs.— 44 to the issuance and enforcement of the injunction. Moneys
16 (1) Any person or entity engaged in the business of 45 recovered for civil penalties under this section shall be
17 publishing through a publicly accessible print or electronic 46 deposited into the General Revenue Fund.
18 medium or otherwise disseminating arrest booking photographs of 47 (4) Refusal to remove an arrest booking photograph after
19 persons who have previously been arrested may not solicit or 48 written request has been made constitutes an unfair or deceptive
20 accept a fee or other form of payment to remove the photographs. 49 trade practice in accordance with part II of chapter 501.
21 (2) A person whose arrest booking photograph is published 50 (5) This section does not apply to:
22 or otherwise disseminated, or his or her legal representative, 51 (a) Any person or entity that publishes or disseminates
23 may make a request, in writing, for the removal of an arrest 52 information relating to arrest booking photographs unless:
24 booking photograph to the registered agent of the person or 53 1. The person or entity solicits or accepts payment to
25 entity who published or otherwise disseminated the photograph. 54 remove the photographs; or
26 The written request for removal of the arrest booking photograph 55 2. The person or entity’s primary business model is the
27 must be sent by registered mail and include sufficient proof of 56 publishing and disseminating of arrest booking photographs for a
28 identification of the person whose arrest booking photograph was 57 commercial purpose or pecuniary gain.
29 published or otherwise disseminated and specific information 58 (b) Any act performed for the purpose of disseminating news
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2021 SB 1046
4-01228-21 20211046__
59 to the public, including gathering, publishing, or broadcasting
60 information to the public for a news-related purpose, or to any
61 other act performed by a publisher, owner, agent, employee, or
62 retailer of a newspaper, radio station, radio network,
63 television station, television broadcast network, cable
64 television network, or other online news outlet associated with
65 any news organization in connection with the dissemination of
66 news to the public.
67 Section 2. This act shall take effect October 1, 2021.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
March 15, 2021 APPEARANCE RECORD 572
Meeting Date Bill Number (if applicable)
Topic Engineers Amendment Barcode (if applicable)
Name Barney Bishop III
Job Title
Address 2215 Thomasville Road Phone 850.510.9922
Street
Tallahassee FL 32308 Email Barney@BarneyBishop.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Strucural Engineers Association
Appearing at request of Chair: Yes I Ino Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting t e meeting)
Meeting Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Ad ress Pho e
Street
City State Zip
Speaking: For | | A ainst Information Waive Speaking: n Support | | Against
will read th ginformation into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEA ANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
it,
Bill Number (if applicable)
Topic fv) IJ L ( f / - Amendment Barcode (if applicable)
Name 6\/ O -
Job Title
Address I f\/L Phone \
3 2 Email =
City J State Zip
Speaking: For I I Against Q Information Waive Speaking: |~~| In Support [ I Against
(The Chair will read this information into the record.)
Representing . zi /y kJ ) ,
Appearing at request of Chair: | | Yes [T7| No Lobbyist registered with Legislature:
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Duplica
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/15/2021 APPEARANCE RECORD SB 572/574
Meeting Date Bill Number (if applicable)
Topic structurai Engineers Amendment Barcode (if applicable)
Name Jeff KottkamP
Job Title
Address Phone
Street
Tallahassee Florida Ema l JeffKottkamp@gmail.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Structural Engineers Association
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 572
INTRODUCER: Senator Baxley
SUBJECT: Engineers
DATE: March 12, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Favorable
2. McMillan McKay CM Favorable
3. RC
I. Summary:
SB 572 authorizes the Florida Board of Professional Engineers (board) to establish minimum
standards of practice for the profession of structural engineering, which includes the structural
analysis and design of components for threshold buildings (those higher than 50 feet/three stories
or with an occupancy of greater than 500 persons) as well as the practice of engineering under
current law.
The bill prohibits, effective March 1, 2023, the practice of professional structural engineering by
any person who is not a licensed professional structural engineer or otherwise exempted from
licensure under ch. 471, F.S., related to engineering.
Under the bill, the following titles may not be used by persons who are not licensed or exempt
from licensing under current law relating to engineering: licensed professional engineer, licensed
structural engineer, professional structural engineer, or registered professional engineer.
The bill authorizes the board to certify persons as qualified to practice structural engineering if
they are licensed or qualify for licensure as an engineer, have at least 4 years of active structural
engineering experience under the supervision of a licensed engineer, have passed certain
professional examinations, and meet other administrative requirements. The bill also requires the
board to certify qualified foreign or out-of-state applicants for licensure by endorsement in
certain circumstances.
SB 574, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill, and
provides for the establishment of licensing fees by the Board of Professional Engineering to be
paid by persons seeking licensure as a professional structural engineer. See Section V, Fiscal
Impact Statement.
The bill provides an effective date of July 1, 2021.
BILL: SB 572 Page 2
II. Present Situation:
Regulation of Professional Engineers
The practice of engineering is regulated by the board. Section 471.005(7), F.S., defines the term
“engineering” to include:
the term “professional engineering” and means any service or creative
work, the adequate performance of which requires engineering education,
training, and experience in the application of special knowledge of the
mathematical, physical, and engineering sciences to such services or
creative work as consultation, investigation, evaluation, planning, and
design of engineering works and systems, planning the use of land and
water, teaching of the principles and methods of engineering design,
engineering surveys, and the inspection of construction for the purpose of
determining in general if the work is proceeding in compliance with
drawings and specifications, any of which embraces such services or work,
either public or private, in connection with any utilities, structures,
buildings, machines, equipment, processes, work systems, projects, and
industrial or consumer products or equipment of a mechanical, electrical,
hydraulic, pneumatic, or thermal nature, insofar as they involve
safeguarding life, health, or property; and includes such other professional
services as may be necessary to the planning, progress, and completion of
any engineering services. A person who practices any branch of
engineering; who, by verbal claim, sign, advertisement, letterhead, or card,
or in any other way, represents himself or herself to be an engineer or,
through the use of some other title, implies that he or she is an engineer or
that he or she is licensed under this chapter; or who holds himself or herself
out as able to perform, or does perform, any engineering service or work or
any other service designated by the practitioner which is recognized as
engineering shall be construed to practice or offer to practice engineering
within the meaning and intent of this chapter [ch. 471, Engineering].
Unlike most Department of Business and Professional Regulation (DBPR) professions, the
administrative, investigative, and prosecutorial services for the board are not provided by the
DBPR. The DBPR contracts with the Florida Engineers Management Corporation (FEMC), a
nonprofit corporation, to provide such services.1 The FEMC is a public-private nonprofit
association that has contracted with the DBPR to handle administrative, investigative, and
prosecutorial services for the Board of Professional Engineers.2
Section 471.008, F.S., authorizes the board to adopt rules to implement the provisions of
ch. 471, F.S., and for ch. 455, F.S., which provides the general licensing procedures for
professional licensing by the DBPR and its professional licensing boards. The board has adopted
1
See s. 471.038, F.S., the Florida Engineers Management Corporation Act, for the duties and authority of the FEMC.
2
See the Annual Report of the FEMC for FY 2019-2020, available at 2019-20-FEMC-Annual-Report.pdf (fbpe.org) (last
visited March 12, 2021), and the contract between DBPR and FEMC for the period between July 1, 2017 and June 30, 2021
at https://fbpe.org/wp-content/uploads/2018/07/FEMC-DBPR-Contract-2017.pdf (last visited March 12, 2021).
BILL: SB 572 Page 3
responsibility rules for the profession of engineering addressing a variety of issues, including the
design of structures and fire protection systems.3
There were 62,475 licensed professional engineers in Fiscal Year 2019-2020.4 The FEMC
processed 451 complaints regarding engineering practice during that period, with 372 of those
complaints found to be legally sufficient to proceed, and filed 27 administrative complaints in
cases where probable cause was found relating to a violation of the Practice Act.5
Professional Engineer License Qualifications and Exemptions
Section 471.013, F.S., provides the license qualifications for a professional engineer. In order to
be licensed as a professional engineer, a person must successfully pass two examinations: the
fundamentals examination and the principles and practices examination. Prior to being permitted
to sit for the fundamentals examination, an applicant must have graduated from:
An approved engineering science curriculum of 4 years or more in a board-approved school,
college, or university; or
An approved engineering technology curriculum of 4 years or more in a board-approved
school, college, or university.6
Under s. 471.015(2), F.S., the board must certify for licensure any applicant who has submitted
proof of being at least 18 years old and has the required engineering experience. For graduates of
an approved engineering science curriculum, the applicant must have a record of at least 4 years
of active engineering experience sufficient to indicate competence to be in responsible charge of
engineering. Graduates of an approved engineering technology curriculum must have a record of
at least 6 years of such qualified experience.7
Section 471.003(2), F.S., identifies the licensing requirement exemptions of ch. 471, F.S.
Special Inspectors of Threshold Buildings
Section 471.015(7), F.S., authorizes the board to establish by rule the qualifications for
certification of licensees as inspectors of threshold buildings. A “threshold building” is “any
building which is greater than three stories or 50 feet in height, or which has an assembly
occupancy classification as defined in the Florida Building Code which exceeds 5,000 square
feet in area and an occupant content of greater than 500 persons.”8
3
The responsibility rules are in Fla. Admin. Code Chapters 61G15-30, 61G15-31, 61G15-32, and 61G15-33 (2021).
4
There were 595 inactive professional engineering licenses in that fiscal year. See Department of Business and Professional
Regulations, Annual Report, Division of Professions, Division of Certified Public Accounting, Division of Real Estate, and
Division of Regulation, Fiscal Year 2019-2020, at p. 20, available at DivisionAnnualReport_FY1920.pdf
(myfloridalicense.com) (last visited March 12, 2021).
5
See the Annual Report of the FEMC for FY 2019-2020, available at 2019-20-FEMC-Annual-Report.pdf (fbpe.org), at p. 2
(last visited March 12, 2021). The FEMC also filed 27 Final Orders with DBPR; entered into eight negotiations, and tried six
administrative hearings; dismissed two cases after re-consideration; issued 11 reprimands, six suspensions, seven probations,
eight project reviews, and three license restrictions; and imposed $43,916.10 in administrative costs and $25,500.00 in fines.
The board also issued 24 Final Orders against licensees.
6
Section 471.013(1), F.S.
7
See ss. 471.015(2)(a)1. and 2., F.S.
8
See s. 553.71(12), F.S.
BILL: SB 572 Page 4
The board is also authorized to establish minimum qualifications for the qualified representative
of the special inspector who is authorized to perform inspections of threshold buildings on behalf
of the special inspector.9 Current law does not authorize the board to establish minimum training
or education requirements for maintaining a certification or qualification as a special inspector.
The agency charged with enforcing the building code (enforcing agency)10 must require a special
inspector to perform structural inspections on a threshold building pursuant to a structural
inspection plan prepared by the engineer or architect of record.11
Use of Engineer Seals
Section 471.025(1), F.S., authorizes the board to prescribe, by rule, one or more forms of seal to
be used by licensed engineers. Each licensee must obtain at least one seal.12 All final drawings,
specifications, plans, reports, or documents prepared or issued by the licensee and filed for
public record and all final documents provided to the owner or the owner’s representative must
be signed by the licensee, dated, and sealed with the seal.13 The signature, date, and seal are
evidence of the authenticity of the document to which they are affixed.14
A licensee may not affix or permit to be affixed his or her seal, name, or digital signature to any
plan, specification, drawing, final bid document, or other document that depicts work which he
or she is not licensed to perform or which is beyond his or her profession or specialty.15
A successor engineer seeking to reuse documents previously sealed by another engineer must be
able to independently re-create all of the work done by the original engineer, and assumes full
professional and legal responsibility by signing and affixing his or her seal to the assumed
documents.16
Use of Descriptive Titles
Section 471.031, F.S., sets forth the permissible and prohibited titles for persons licensed under
ch. 471, F.S., and for persons who are otherwise exempted from such licensure. With certain
exceptions for persons exempted from licensure, the use of the name “professional engineer” or
any other title, designation, abbreviation, or indication that a person holds an active license as an
engineer when the person is not licensed under ch. 489, F.S., is prohibited, along with use of the
following titles:
Agricultural engineer;
9
See s. 471.015(7), F.S.
10
See s. 553.71(5), F.S., a “local enforcement agency” means an agency of local government, a local school board, a
community college board of trustees, or a university board of trustees in the State University System with jurisdiction to
make inspections of buildings and to enforce the codes which establish standards for design, construction, erection, alteration,
repair, modification, or demolition of public or private buildings, structures, or facilities.
11
Section 553.79(5)(a), F.S.
12
Section 471.025(1), F.S.
13
Id.
14
Id.
15
Section 471.025(3), F.S.
16
Section 471.025(4), F.S. The original engineer is released from any professional responsibility or civil liability for work
that is assumed.
BILL: SB 572 Page 5
Air-conditioning engineer;
Architectural engineer;
Building engineer;
Chemical engineer;
Civil engineer;
Control systems engineer;
Electrical engineer;
Environmental engineer;
Fire protection engineer;
Industrial engineer;
Manufacturing engineer;
Mechanical engineer;
Metallurgical engineer;
Mining engineer;
Minerals engineer;
Marine engineer;
Nuclear engineer;
Petroleum engineer;
Plumbing engineer;
Structural engineer;
Transportation engineer;
Software engineer;
Computer hardware engineer; and
Systems engineer.17
Imposition of Discipline by the Board
The conduct that constitute grounds for the imposition of discipline by the board are set forth in
s. 471.033, F.S. Such discipline includes denial of an application for licensure, suspension or
revocation of a license, imposition of fines, reprimands, probation, or restitution, and restriction
of the authorized scope of practice of a licensee.
Voluntary Structural Engineer Associations
The Florida Structural Engineers Association (FSEA) provides input on building codes and
enforcement and sponsors technical seminars to address common concerns of the profession.18
Members of FSEA become members of the National Council of Structural Engineers
Associations (NCSEA).19 The NCSEA was formed to improve the standard level of practice of
the structural engineering profession and provide an identifiable resource for seeking
communication with the profession.20 Additionally, it advocates for the practice of structural
17
See s. 471.031(b), F.S.
18
See http://www.flsea.com/ and http://www.flsea.com/messages-from-the-president (last visited March 12, 2021).
19
Id.
20
See http://www.ncsea.com/about/ (last visited March 12, 2021).
BILL: SB 572 Page 6
engineering on behalf of its 44 member organizations.21 According to the NCSEA, two states
restrict who may use the title “structural engineer,”22 seven states have a partial practice act for
structural engineers,23 and two states have a full practice act for structural engineers.24
The National Council of Examiners for Engineering and Surveying is a nonprofit organization
composed of 69 engineering and surveying licensing boards from all 50 states, the District of
Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.25 It
provides services including engineering examinations, surveying examinations, exam preparation
materials, records programs, and credentials evaluations among other services to licensing
jurisdictions.26
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 471.003, F.S., to prohibit, effective March 1, 2023, the practice of
professional structural engineering by any person who is not a licensed professional structural
engineer or otherwise exempted from licensure under ch. 471, F.S., related to engineering.
The bill prohibits the use of the name or title of “licensed engineer,” “licensed professional
engineer,” “licensed structural engineer,” “professional structural engineer,” or “registered
structural engineer” or any other title that indicates an unlicensed person is a licensed
professional structural engineer in this state. The bill amends s. 471.003(2), F.S., to clarify that
certain persons are not required to be licensed as a licensed professional structural engineer, and
this exemption includes contractors performing work designed by a professional structural
engineer.
Section 2 of the bill amends s. 471.005, F.S., to define the term “licensed professional structural
engineer” to mean a person who is licensed to engage in the practice of professional structural
engineering in Florida under ch. 471, F.S.
The bill defines the term “professional structural engineering” to mean a service or creative work
that includes the structural analysis and design of structural components or systems for threshold
buildings.27 The term includes engineering that requires significant structural engineering
education, training, experience, and examination, as determined by the board.
The bill allows a retired professional structural engineer to be granted use of the title
“professional engineer, retired” or “professional structural engineer, retired” by the board, if the
retiree has:
Been licensed as a professional engineer by the board;
Relinquished or not renewed a license; and
21
Id.
22
Idaho and Nebraska. See NCSEA Structual Licensure Committee (last visited March 12, 2021).
23
Georgia, Alaska, California, Nevada, Utah, Oregon, and Washington. Id.
24
Idaho and Nebraska. Id.
25
See The National Council of Examiners for Engineering and Surveying (ncees.org) (last visited March 12, 2021).
26
Id.
27
Section 553.71(12), F.S., provides a “threshold building” is “any building which is greater than three stories or 50 feet in
height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000
square feet in area and an occupant content of greater than 500 persons.”
BILL: SB 572 Page 7
Applied to and been approved by the board to use such title.
Section 3 amends s. 471.013(2)(a), F.S., relating to licensure, to include a reference to licensed
professional structural engineers.
Section 4 amends s. 471.015, F.S., to authorize the board to certify persons as qualified to
practice professional structural engineering if they are licensed or qualify for licensure as an
engineer, have at least 4 years of active professional structural engineering experience under the
supervision of a licensed professional engineer, have passed certain professional examinations,
and meet other administrative requirements.
Under the bill, an applicant for licensure as a professional structural engineer must:
Be licensed as an engineer, or qualify for licensure, under ch. 471, F.S.;
Submit an application in the format prescribed by the board;
Provide satisfactory evidence of good moral character, as defined by the board.
Provide a record of 4 years of active professional structural engineering experience, as
defined by the board, under the supervision of a licensed professional engineer; and
Have successfully passed the 16-hour National Council of Examiners for Engineering and
Surveying Structural Engineering examination.
Before March 1, 2023, a qualified applicant, in lieu of satisfying the experience and examination
requirements set forth above, may instead:
Submit a signed affidavit in the format prescribed by the board that the applicant is currently
a licensed engineer in Florida and has been engaged in the practice of professional structural
engineering with a record of at least 4 years of active professional structural engineering
design experience;
Possess a current professional engineering license and file the necessary documentation as
required by the board, or possess a current threshold inspector license; and
Agree to meet with the board or its representative at the board’s request, for the purpose of
evaluating the applicant’s qualifications for licensure as a professional structural engineer.
An applicant qualified for licensure as an engineer may simultaneously apply for licensure as a
professional structural engineer, if all the above requirements and all education, examination,
experience, and good moral character requirements set forth in s. 471.013, F.S., are met.
The bill sets forth the following requirements for board certification of an applicant as qualified
for licensure as a professional structural engineer by endorsement:
An applicant who holds a license to practice either engineering or professional structural
engineering issued by another state or territory of the United States, if the criteria for
issuance of the license were substantially the same as the licensure criteria that existed in
Florida at the time the license was issued; or
An applicant who holds a valid license to practice structural engineering issued by another
state or territory of the United States and who has successfully passed one of the following
16-hour examination combinations:
BILL: SB 572 Page 8
o The 8-hour National Council of Examiners for Engineering and Surveying28 Structural
Engineering I examination and the 8-hour National Council of Examiners for
Engineering and Surveying Structural Engineering II examination.
o The 8-hour National Council of Examiners for Engineering and Surveying Structural
Engineering II examination and either the 8-hour National Council of Examiners for
Engineering and Surveying Civil: Structural examination or the 8-hour National Council
of Examiners for Engineering and Surveying Architectural Engineering examination.
o The 16-hour Western States Structural Engineering examination.
o The 8-hour National Council of Examiners for Engineering and Surveying Structural
Engineering II examination, and either the 8-hour California Structural Engineering
Seismic III examination, or the 8-hour Washington Structural Engineering III
examination.
Section 5 amends s. 471.019, F.S., relating to reinstatement of void licenses, to include a
reference to licensed professional structural engineers.
Section 6 amends s. 471.025(2), F.S., regarding the use of seals on documents, to include a
reference to the use of seals when a professional structural engineer’s license is revoked or
suspended.
Section 7 amends s. 471.031, F.S., to provide that beginning March 1, 2023, no person may
practice professional structural engineering unless the person is licensed as a professional
structural engineer or exempt from licensure under ch. 471, F.S. The bill also provides that the
following titles may not be used by persons who are not licensed, or otherwise exempt from
licensing, under ch. 471, F.S., relating to engineering: licensed engineer, licensed professional
engineer, licensed structural engineer, professional structural engineer, registered structural
engineer, or structural engineer.
Section 8 amends s. 471.033, F.S., related to disciplinary proceedings, to revise the acts that
constitute grounds for discipline, to include acts related to the practice of professional structural
engineering.
Section 9 amends s. 471.037(1), F.S., related to the construction of provisions in ch. 471, F.S., to
provide that local building codes, zoning laws, or ordinances may be more restrictive concerning
the services of licensed professional structural engineers.
Section 10 amends s. 471.0385, F.S., related to certain authorizations granted to the Governor.
The bill grants authority to the Governor to reestablish positions, budget authority, and salary
rate necessary to carry out the DBPR’s responsibilities relating to “professional structural
28
The National Council of Examiners for Engineering and Surveying (NCEES) is a nonprofit organization dedicated to
advancing professional licensure for engineers and surveyors. In the United States, engineers and surveyors are licensed at
the state and territory level. NCEES was created in 1920 and provides services for licensure and facilitation of mobility
among licensing jurisdictions, including the development and scoring of examinations for licensure. See National Council of
Examiners for Engineering and Surveying, Advancing Licensure for Engineers and Surveyors, available at
https://ncees.org/about/ (last visited March 12, 2021).
BILL: SB 572 Page 9
engineers,” in the event the Florida Engineers Management Corporation Act29 is held to be
unconstitutional or to violate state or federal antitrust laws.
Section 11 provides an effective date of July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Beginning March 1, 2023, persons who are licensed engineers in Florida and those who
perform work that comes within the definition in the bill for “professional structural
engineering” will be required to obtain additional licensing to perform such work.
C. Government Sector Impact:
The creation of an additional licensing and regulatory structure for professional structural
engineers may result in a fiscal impact to the DBPR or the FEMC. To date, no analysis
by the DBPR or the FEMC of the impact of the bill on their respective operations,
revenue, and expenditures has been provided.
29
See s. 471.038, F.S.
BILL: SB 572 Page 10
VI. Technical Deficiencies:
None.
VII. Related Issues:
SB 574, relating to Fees/Professional Structural Engineer Licensing, is linked to this bill.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 471.003, 471.005,
471.013, 471.015, 471.019, 471.025, 471.031, 471.033, 471.037, and 471.0385.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 SB 572 Florida Senate - 2021 SB 572
By Senator Baxley
12-00283C-21 2021572__ 12-00283C-21 2021572__
1 A bill to be entitled 30 against a professional structural engineer; amending
2 An act relating to engineers; amending s. 471.003, 31 ss. 471.037 and 471.0385, F.S.; conforming provisions
3 F.S.; prohibiting a person who is not licensed as an 32 to changes made by the act; providing an effective
4 engineer from using a specified name or title; 33 date.
5 prohibiting, after a specified date, a person who is 34
6 not a licensed professional structural engineer from 35 Be It Enacted by the Legislature of the State of Florida:
7 using specified names and titles or practicing 36
8 professional structural engineering; exempting certain 37 Section 1. Subsections (1) and (2) of section 471.003,
9 persons from licensing requirements; amending s. 38 Florida Statutes, are amended to read:
10 471.005, F.S.; defining terms; revising definitions; 39 471.003 Qualifications for practice; exemptions.—
11 amending s. 471.013, F.S.; authorizing the Board of 40 (1)(a) No person other than a duly licensed engineer shall
12 Professional Engineers to refuse to certify an 41 practice engineering or use the name or title of “licensed
13 applicant for a professional structural engineer 42 engineer,” “professional engineer,” or “registered engineer” or
14 license for certain reasons; amending s. 471.015, 43 any other title, designation, words, letters, abbreviations, or
15 F.S.; providing licensure and application requirements 44 device tending to indicate that such person holds an active
16 for a professional structural engineer license; 45 license as an engineer in this state.
17 exempting certain applicants who apply for licensure 46 (b) Effective March 1, 2023, no person other than a duly
18 before a specified date from having to pass a certain 47 licensed professional structural engineer shall engage in the
19 national examination, under certain conditions; 48 practice of professional structural engineering or use the name
20 requiring the board to certify certain applicants for 49 or title of “licensed structural engineer,” “professional
21 licensure by endorsement; amending ss. 471.019 and 50 structural engineer,” or “registered structural engineer” or any
22 471.025, F.S.; conforming provisions to changes made 51 other title, designation, words, letters, abbreviations, or
23 by the act; amending s. 471.031, F.S.; prohibiting 52 device tending to indicate that such person holds an active
24 certain persons from practicing professional 53 license as a professional structural engineer in this state.
25 structural engineering after a specified date; 54 (2) The following persons are not required to be licensed
26 prohibiting specified persons from using specified 55 under the provisions of this chapter as a licensed engineer or a
27 names and titles; amending s. 471.033, F.S.; 56 licensed professional structural engineer:
28 specifying acts that constitute grounds for 57 (a) Any person practicing engineering for the improvement
29 disciplinary action, including civil penalties, 58 of, or otherwise affecting, property legally owned by her or
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59 him, unless such practice involves a public utility or the 88 foreman or superintendent.
60 public health, safety, or welfare or the safety or health of 89 (g) A licensed surveyor and mapper who takes, or contracts
61 employees. This paragraph shall not be construed as authorizing 90 for, professional engineering services incidental to her or his
62 the practice of engineering through an agent or employee who is 91 practice of surveying and mapping and who delegates such
63 not duly licensed under the provisions of this chapter. 92 engineering services to a licensed professional engineer
64 (b)1. A person acting as a public officer employed by any 93 qualified within her or his firm or contracts for such
65 state, county, municipal, or other governmental unit of this 94 professional engineering services to be performed by others who
66 state when working on any project the total estimated cost of 95 are licensed professional engineers under the provisions of this
67 which is $10,000 or less. 96 chapter.
68 2. Persons who are employees of any state, county, 97 (h) Any electrical, plumbing, air-conditioning, or
69 municipal, or other governmental unit of this state and who are 98 mechanical contractor whose practice includes the design and
70 the subordinates of a person in responsible charge licensed 99 fabrication of electrical, plumbing, air-conditioning, or
71 under this chapter, to the extent that the supervision meets 100 mechanical systems, respectively, which she or he installs by
72 standards adopted by rule of the board. 101 virtue of a license issued under chapter 489, under former part
73 (c) Regular full-time employees of a corporation not 102 I of chapter 553, Florida Statutes 2001, or under any special
74 engaged in the practice of engineering as such, whose practice 103 act or ordinance when working on any construction project which:
75 of engineering for such corporation is limited to the design or 104 1. Requires an electrical or plumbing or air-conditioning
76 fabrication of manufactured products and servicing of such 105 and refrigeration system with a value of $125,000 or less; and
77 products. 106 2.a. Requires an aggregate service capacity of 600 amperes
78 (d) Regular full-time employees of a public utility or 107 (240 volts) or less on a residential electrical system or 800
79 other entity subject to regulation by the Florida Public Service 108 amperes (240 volts) or less on a commercial or industrial
80 Commission, Federal Energy Regulatory Commission, or Federal 109 electrical system;
81 Communications Commission. 110 b. Requires a plumbing system with fewer than 250 fixture
82 (e) Employees of a firm, corporation, or partnership who 111 units; or
83 are the subordinates of a person in responsible charge, licensed 112 c. Requires a heating, ventilation, and air-conditioning
84 under this chapter. 113 system not to exceed a 15-ton-per-system capacity, or if the
85 (f) Any person as contractor in the execution of work 114 project is designed to accommodate 100 or fewer persons.
86 designed by a professional engineer or a professional structural 115 (i) Any general contractor, certified or registered
87 engineer or in the supervision of the construction of work as a 116 pursuant to the provisions of chapter 489, when negotiating or
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117 performing services under a design-build contract as long as the 146 significant structural engineering education, training,
118 engineering services offered or rendered in connection with the 147 experience, and examination, as determined by the board.
119 contract are offered and rendered by an engineer or a 148 (12)(10) “Retired professional engineer,” or “professional
120 professional structural engineer licensed in accordance with 149 engineer, retired,” “retired professional structural engineer,”
121 this chapter. 150 or “professional structural engineer, retired” means a person
122 (j) Any defense, space, or aerospace company, whether a 151 who has been duly licensed as a professional engineer by the
123 sole proprietorship, firm, limited liability company, 152 board and who chooses to relinquish or not to renew his or her
124 partnership, joint venture, joint stock association, 153 license and applies to and is approved by the board to be
125 corporation, or other business entity, subsidiary, or affiliate, 154 granted the title “Professional Engineer, Retired” or
126 or any employee, contract worker, subcontractor, or independent 155 “Professional Structural Engineer, Retired.”
127 contractor of the defense, space, or aerospace company who 156 Section 3. Paragraph (a) of subsection (2) of section
128 provides engineering for aircraft, space launch vehicles, launch 157 471.013, Florida Statutes, is amended to read:
129 services, satellites, satellite services, or other defense, 158 471.013 Examinations; prerequisites.—
130 space, or aerospace-related product or services, or components 159 (2)(a) The board may refuse to certify an applicant for
131 thereof. 160 failure to satisfy the requirement of good moral character only
132 Section 2. Present subsections (10) through (12) of section 161 if:
133 471.005, Florida Statutes, are redesignated as subsections (12) 162 1. There is a substantial connection between the lack of
134 through (14), respectively, new subsections (10) and (11) are 163 good moral character of the applicant and the professional
135 added to that section, and present subsection (10) of that 164 responsibilities of a licensed engineer or licensed professional
136 section is amended, to read: 165 structural engineer; and
137 471.005 Definitions.—As used in this chapter, the term: 166 2. The finding by the board of lack of good moral character
138 (10) “Professional structural engineer” means a person who 167 is supported by clear and convincing evidence.
139 is licensed to engage in the practice of professional structural 168 Section 4. Present subsections (3) through (7) of section
140 engineering under this chapter. 169 471.015, Florida Statutes, are redesignated as subsections (4)
141 (11) “Professional structural engineering” means a service 170 through (8), respectively, a new subsection (3) is added to that
142 or creative work that includes the structural analysis and 171 section, and present subsection (3) of that section is amended,
143 design of structural components or systems for threshold 172 to read:
144 buildings as defined in s. 553.71. The term includes 173 471.015 Licensure.—
145 engineering, as defined in subsection (7), which requires 174 (3)(a) The management corporation shall issue a
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175 professional structural engineer license to any applicant whom 204 the board, upon the board’s request, for the purpose of
176 the board certifies as qualified to practice professional 205 evaluating the applicant’s qualifications for licensure.
177 structural engineering and who meets all of the following 206 (c) An applicant who is qualified for licensure as an
178 requirements: 207 engineer under s. 471.013 may simultaneously apply for licensure
179 1. Is licensed under this chapter as an engineer or is 208 as a professional structural engineer if all requirements of s.
180 qualified for licensure as an engineer. 209 471.013 and this subsection are met.
181 2. Submits an application in the format prescribed by the 210 (4)(3) The board shall certify as qualified for a license
182 board. 211 by endorsement an applicant who:
183 3. Provides satisfactory evidence of good moral character, 212 (a) In engineering, by endorsement, an applicant who
184 as defined by the board. 213 qualifies to take the fundamentals examination and the
185 4. Provides a record of 4 years of active structural 214 principles and practice examination as set forth in s. 471.013,
186 engineering experience, as defined by the board, under the 215 has passed a United States national, regional, state, or
187 supervision of a licensed professional engineer. 216 territorial licensing examination that is substantially
188 5. Has successfully passed the 16-hour National Council of 217 equivalent to the fundamentals examination and principles and
189 Examiners for Engineering and Surveying Structural Engineering 218 practice examination required by s. 471.013, and has satisfied
190 examination. 219 the experience requirements set forth in paragraph (2)(a) and s.
191 (b) Before March 1, 2023, an applicant who satisfies the 220 471.013; or
192 requirements of subparagraphs (a)1.-3. may satisfy subparagraphs 221 (b) In engineering or professional structural engineering,
193 (a)4. and 5. by: 222 by endorsement, an applicant who holds a valid license to
194 1. Submitting a signed affidavit in the format prescribed 223 practice engineering, or, for professional structural
195 by the board which states that the applicant is currently a 224 engineering, an applicant who holds a valid license to practice
196 licensed engineer in this state and has been engaged in the 225 professional structural engineering, issued by another state or
197 practice of professional structural engineering with a record of 226 territory of the United States, if the criteria for issuance of
198 at least 4 years of active structural engineering design 227 the license were substantially the same as the licensure
199 experience; 228 criteria that existed in this state at the time the license was
200 2. Possessing a current professional engineering license 229 issued; or
201 and filing the necessary documentation as required by the board, 230 (c) In professional structural engineering, by endorsement,
202 or possessing a current threshold inspector license; and 231 an applicant who holds a valid license to practice professional
203 3. Agreeing to meet with the board or a representative of 232 structural engineering issued by another state or territory of
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233 the United States and who has successfully passed one of the 262 Section 6. Subsection (2) of section 471.025, Florida
234 following 16-hour examination combinations: 263 Statutes, is amended to read:
235 1. The 8-hour National Council of Examiners for Engineering 264 471.025 Seals.—
236 and Surveying Structural Engineering I examination and the 8- 265 (2) It is unlawful for any person to seal or digitally sign
237 hour National Council of Examiners for Engineering and Surveying 266 any document with a seal or digital signature after his or her
238 Structural Engineering II examination. 267 license has expired or been revoked or suspended, unless such
239 2. The 8-hour National Council of Examiners for Engineering 268 license is has been reinstated or reissued. When an engineer’s
240 and Surveying Structural Engineering II examination and either 269 or a professional structural engineer’s license is has been
241 the 8-hour National Council of Examiners for Engineering and 270 revoked or suspended by the board, the licensee shall, within a
242 Surveying Civil: Structural examination or the 8-hour National 271 period of 30 days after the revocation or suspension has become
243 Council of Examiners for Engineering and Surveying Architectural 272 effective, surrender his or her seal to the executive director
244 Engineering examination. 273 of the board and confirm to the executive director the
245 3. The 16-hour Western States Structural Engineering 274 cancellation of the licensee’s digital signature in accordance
246 examination. 275 with ss. 668.001-668.006. In the event the engineer’s license
247 4. The 8-hour National Council of Examiners for Engineering 276 has been suspended for a period of time, his or her seal shall
248 and Surveying Structural Engineering II examination and either 277 be returned to him or her upon expiration of the suspension
249 the 8-hour California Structural Engineering Seismic III 278 period.
250 examination or the 8-hour Washington Structural Engineering III 279 Section 7. Present paragraphs (b) through (g) of subsection
251 examination. 280 (1) of section 471.031, Florida Statutes, are redesignated as
252 Section 5. Section 471.019, Florida Statutes, is amended to 281 paragraphs (c) through (h), respectively, a new paragraph (b) is
253 read: 282 added to that subsection, and present paragraph (b) of that
254 471.019 Reactivation.—The board shall establish by rule a 283 subsection is amended, to read:
255 reinstatement process for void licenses. The rule shall 284 471.031 Prohibitions; penalties.—
256 prescribe appropriate continuing education requirements for 285 (1) A person may not:
257 reactivating a license. The continuing education requirements 286 (b) Beginning March 1, 2023, practice professional
258 for reactivating a license for a licensed engineer or a licensed 287 structural engineering unless the person is licensed as a
259 professional structural engineer may not exceed the continuing 288 professional structural engineer or is exempt from licensure
260 education requirements prescribed pursuant to s. 471.017 for 289 under this chapter.
261 each year the license was inactive. 290 (c)(b)1. Except as provided in subparagraph 2. or
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291 subparagraph 3., use the name or title “professional engineer” 320 “registered engineer,” “licensed professional engineer,”
292 or any other title, designation, words, letters, abbreviations, 321 “licensed engineer,” “registered professional engineer,”
293 or device tending to indicate that such person holds an active 322 “licensed structural engineer,” “professional structural
294 license as an engineer when the person is not licensed under 323 engineer,” “registered structural engineer,” or “structural
295 this chapter, including, but not limited to, the following 324 engineer,” or “licensed professional engineer” and if that
296 titles: “agricultural engineer,” “air-conditioning engineer,” 325 person is a graduate from an approved engineering curriculum of
297 “architectural engineer,” “building engineer,” “chemical 326 4 years or more in a school, college, or university which has
298 engineer,” “civil engineer,” “control systems engineer,” 327 been approved by the board.
299 “electrical engineer,” “environmental engineer,” “fire 328 Section 8. Paragraphs (b) through (e) and (g) of subsection
300 protection engineer,” “industrial engineer,” “manufacturing 329 (1) and subsection (4) of section 471.033, Florida Statutes, are
301 engineer,” “mechanical engineer,” “metallurgical engineer,” 330 amended to read:
302 “mining engineer,” “minerals engineer,” “marine engineer,” 331 471.033 Disciplinary proceedings.—
303 “nuclear engineer,” “petroleum engineer,” “plumbing engineer,” 332 (1) The following acts constitute grounds for which the
304 “structural engineer,” “transportation engineer,” “software 333 disciplinary actions in subsection (3) may be taken:
305 engineer,” “computer hardware engineer,” or “systems engineer.” 334 (b) Attempting to procure a license to practice engineering
306 2. Any person who is exempt from licensure under s. 335 or professional structural engineering by bribery or fraudulent
307 471.003(2)(j) may use the title or personnel classification of 336 misrepresentations.
308 “engineer” in the scope of his or her work under that exemption 337 (c) Having a license to practice engineering or
309 if the title does not include or connote the term “licensed 338 professional structural engineering revoked, suspended, or
310 engineer,” “professional engineer,” “registered engineer,” 339 otherwise acted against, including the denial of licensure, by
311 “licensed professional engineer,” “licensed engineer,” 340 the licensing authority of another state, territory, or country,
312 “registered professional engineer,” “licensed structural 341 for any act that would constitute a violation of this chapter or
313 engineer,” “professional structural engineer,” or “registered 342 chapter 455.
314 structural engineer or “licensed professional engineer.” 343 (d) Being convicted or found guilty of, or entering a plea
315 3. Any person who is exempt from licensure under s. 344 of nolo contendere to, regardless of adjudication, a crime in
316 471.003(2)(c) or (e) may use the title or personnel 345 any jurisdiction which directly relates to the practice of
317 classification of “engineer” in the scope of his or her work 346 engineering, professional structural engineering, or the ability
318 under that exemption if the title does not include or connote 347 to practice engineering or professional structural engineering.
319 the term “licensed engineer,” “professional engineer,” 348 (e) Making or filing a report or record that the licensee
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349 knows to be false, willfully failing to file a report or record 378 chapter 216, is authorized to reestablish positions, budget
350 required by state or federal law, willfully impeding or 379 authority, and salary rate necessary to carry out the
351 obstructing such filing, or inducing another person to impede or 380 department’s responsibilities related to the regulation of
352 obstruct such filing. Such reports or records include only those 381 professional engineers and professional structural engineers.
353 which that are signed in the capacity of a licensed engineer or 382 Section 11. This act shall take effect July 1, 2021.
354 licensed professional structural engineer.
355 (g) Engaging in fraud or deceit, negligence, incompetence,
356 or misconduct, in the practice of engineering or professional
357 structural engineering.
358 (4) The management corporation shall reissue the license of
359 a disciplined engineer, professional structural engineer, or
360 business upon certification by the board that the disciplined
361 person has complied with all of the terms and conditions set
362 forth in the final order.
363 Section 9. Subsection (1) of section 471.037, Florida
364 Statutes, is amended to read:
365 471.037 Effect of chapter locally.—
366 (1) Nothing contained in this chapter shall be construed to
367 repeal, amend, limit, or otherwise affect any local building
368 code or zoning law or ordinance, now or hereafter enacted, which
369 is more restrictive with respect to the services of licensed
370 engineers or licensed professional structural engineers than the
371 provisions of this chapter.
372 Section 10. Subsection (3) of section 471.0385, Florida
373 Statutes, is amended to read:
374 471.0385 Court action; effect.—If any provision of s.
375 471.038 is held to be unconstitutional or is held to violate the
376 state or federal antitrust laws, the following shall occur:
377 (3) The Executive Office of the Governor, notwithstanding
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YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida S nate
March 15, 2021 APPEARANCE RECORD 574
Meeting Date Bill Number (if applicable)
Topic Fees/Professional Structural Engineer Licensing Amendment Barcode (if applicable)
Name arney Bishop III
Job Title
Address 2215 Thomasville Road Phone 850.510.9922
Street
Tallahassee FL 32308 Email Barney@BarneyBishop.com
City State Zip
Speaking: Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Strucural Engineers Association
Appearing at request of Chair: Yes W No Lobbyist registered with Legislature: Yes I No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date I Number (if applicable.
Topic codefif applicabl )
Name
Job Title
Address
City State /p
Speaking: [ For | | Against ormation Waive Speaking: In Support Against
(The Chair will r ad-thjs information inpi t record.)
Representing t/U
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
appearance record
(Deliver BOTH copies of this form to t e Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Topic IJ L Amendment Barcode (if applicable)
Name 6 / O
Job Title 0 7
Address I ft /L- Phone 0 -/,
. i J Z-cX 2 Email
City J State Zip
Speaking: For PH Against O Information Waive Speaking: |~~] In Support | | Against
\ (The Chair will read this information into the record.)
Representing .
Appearing at request of Chair: | | Yes [Tl No Lobbyist registered with Legislature: Yes
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Duplicate
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/15/2021 APPEARANCE RECORD SB 572/574
Meeting Date Bill Number (if applicable)
Topic st, lJctural Engineers Amendment Barcode (if applicable)
Name Jeff KottkamP
Job Title
Address Phone
Street
Tallahassee Florida Email effKottkamp@gmail.com
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Structural Engineers Association
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 574
INTRODUCER: Regulated Industries Committee and Senator Baxley
SUBJECT: Fees/Professional Structural Engineer Licensing
DATE: March 12, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. McMillan McKay CM Favorable
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 574 provides that the Board of Professional Engineers (board) may establish a fee for
licensing of professional structural engineers.
SB 572, relating to Engineers, is a linked bill that requires the board to determine whether
applicants seeking to practice professional structural engineering are licensed or qualify for
licensure as an engineer, have at least 4 years of active professional structural engineering
experience under the supervision of a licensed professional engineer, have passed certain
professional examinations, and meet other administrative requirements. The linked bill also
addresses other issues related to professional structural engineers.
See Section V, Fiscal Impact Statement.
The bill is effective on the same date that SB 572 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or any extension and becomes a law.
II. Present Situation:
Linked Bill SB 572
This bill is linked to SB 572, relating to Engineers, which amends s. 471.015(3), F.S. Under the
linked bill, the board is authorized to certify persons as qualified to practice professional
BILL: CS/SB 574 Page 2
structural engineering if they are licensed or qualify for licensure as an engineer, have at least 4
years of active professional structural engineering experience under the supervision of a licensed
professional engineer, have passed certain professional examinations, and meet other
administrative requirements.
In addition, the linked bill provides an applicant for licensure as a professional structural
engineer must:
Be licensed as an engineer, or qualify for licensure, under ch. 471, F.S.;
Submit an application in the format prescribed by the board;
Provide satisfactory evidence of good moral character, as defined by the board.
Provide a record of 4 years of active professional structural engineering experience, as
defined by the board, under the supervision of a licensed professional engineer; and
Have successfully passed the 16-hour National Council of Examiners for Engineering and
Surveying Structural Engineering examination. Section 471.011, F.S., authorizes the board
by rule to establish fees to be paid for applications, examination, reexamination, licensing,
renewal, reactivation, inactive status applications, and recordmaking and recordkeeping. It
also provides that qualification of a business organization must not require payment of a fee.
Fees
Section 471.011, F.S., authorizes the board to establish fees, by rule, to be paid for applications,
examination, reexamination, licensing, renewal, reactivation, inactive status applications, and
recordmaking and recordkeeping. It also provides that qualification of a business organization
must not require payment of a fee.
Current law provides fees for licensure may not exceed these amounts:
Initial license - $125;
Biennial renewal - $125;
Temporary registration or certificate - $25 for an individual or $50 for a business firm;
Licensure by endorsement - $150; or
Application for inactive status or for reactivation of an inactive license - $150.
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 471.011, F.S., relating to fees for license applications, temporary
licenses, license renewals, inactive licenses, examinations, and records, to provide that such fees
are also applicable to the regulation of professional structural engineering.
Section 2 of the bill amends subsection s. 471.015(3), F.S., as amended in linked bill SB 572,
relating to Engineers, to require payment by applicants seeking licensure to practice professional
structural engineering, of a fee to be established by the board.
Section 3 provides the bill takes effect on the same date that SB 572 or similar legislation takes
effect, if such legislation is adopted in the same legislative session or any extension and becomes
a law.
BILL: CS/SB 574 Page 3
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
Article VII, s. 19 of the Florida Constitution requires new or increased taxes or fees1 to be
passed by a 2/3 vote of the membership of each house of the Legislature in a separate bill
that contains no other subject.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill requires the board to establish a fee for licensure as a professional structural
engineer, as authorized in s. 471.011, F.S.
B. Private Sector Impact:
Beginning March 1, 2023, persons who are licensed engineers in Florida and those who
perform work that comes within the definition in the bill for “professional structural
engineering” will be required to obtain additional licensing to perform such work and pay
the fee for such licensing established by the board.
C. Government Sector Impact:
Unlike most Department of Business and Professional Regulation (DBPR) professions,
the administrative, investigative, and prosecutorial services for the board are not provided
by the DBPR. The DBPR contracts with the Florida Engineers Management Corporation
(FEMC), a nonprofit corporation, to provide such services.2
1
A “fee” is defined by the Florida Constitution to mean “any charge or payment required by law, including any fee for
service, fee or cost for licenses, and charge for service. See FLA. CONST. art. VII, s. 19(d)(1).
2
The FEMC is a public-private nonprofit association that has contracted with the DBPR to handle administrative,
investigative, and prosecutorial services for the Board of Professional Engineers See s. 471.038, F.S., the Florida Engineers
Management Corporation Act, for the duties and authority of the FEMC.
BILL: CS/SB 574 Page 4
The creation of an additional licensing and regulatory structure for professional structural
engineers may result in a fiscal impact to the DBPR or the FEMC. To date, no analysis
by the DBPR or the FEMC of the impact of the bill on their respective operations,
revenue, and expenditures has been provided.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 471.011 and
471.015.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on March 1, 2021:
The CS includes the number of the linked bill, SB 572, in the bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 CS for SB 574 Florida Senate - 2021 CS for SB 574
By the Committee on Regulated Industries; and Senator Baxley
580-02309-21 2021574c1 580-02309-21 2021574c1
1 A bill to be entitled 30 Section 2. Paragraph (a) of subsection (3) of section
2 An act relating to fees; amending s. 471.011, F.S.; 31 471.015, Florida Statutes, as amended by SB 572, 2021 Regular
3 authorizing the Board of Professional Engineers to 32 Session, is amended to read:
4 establish fees relating to professional structural 33 471.015 Licensure.—
5 engineer licensing; amending s. 471.015, F.S.; 34 (3)(a) The management corporation shall issue a
6 requiring applicants to pay a specified fee in order 35 professional structural engineer license to any applicant whom
7 to be eligible to receive a professional structural 36 the board certifies as qualified to practice professional
8 engineer license; providing a contingent effective 37 structural engineering and who meets all of the following
9 date. 38 requirements:
10 39 1. Is licensed under this chapter as an engineer or is
11 Be It Enacted by the Legislature of the State of Florida: 40 qualified for licensure as an engineer.
12 41 2. Submits an application in the format prescribed by the
13 Section 1. Subsections (1) and (6) of section 471.011, 42 board.
14 Florida Statutes, are amended to read: 43 3. Provides satisfactory evidence of good moral character,
15 471.011 Fees.— 44 as defined by the board.
16 (1) The board by rule may establish fees to be paid for 45 4. Provides a record of 4 years of active structural
17 applications, examination, reexamination, licensing and renewal, 46 engineering experience, as defined by the board, under the
18 inactive status application and reactivation of inactive 47 supervision of a licensed professional engineer.
19 licenses, and recordmaking and recordkeeping. The board may also 48 5. Has successfully passed the 16-hour National Council of
20 establish by rule a delinquency fee. The board shall establish 49 Examiners for Engineering and Surveying Structural Engineering
21 fees that are adequate to ensure the continued operation of the 50 examination.
22 board. Fees shall be based on department estimates of the 51 6. Pays a fee established by the board under s. 471.011.
23 revenue required to implement this chapter and the provisions of 52 Section 3. This act shall take effect on the same date that
24 law with respect to the regulation of engineers and professional 53 SB 572 or similar legislation takes effect, if such legislation
25 structural engineers. 54 is adopted in the same legislative session or an extension
26 (6) The fee for a temporary registration or certificate to 55 thereof and becomes a law.
27 practice engineering or professional structural engineering
28 shall not exceed $25 for an individual or $50 for a business
29 firm.
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The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Cc: Todd McKay, Staff Director
Kathryn Vigrass, Committee Administrative Assistant
Subject: Committee Agenda Request
Date: March 3, 2021
I respectfully request that Senate Bill 1560, relating to Broadband Internet Service, be placed on
the:
committee agenda at your earliest possible convenience.
next committee agenda.
This bill works to comprehensively address unserved and underserved areas of the state,
especially rural areas, to ensure broadband is widely available. Additionally, the legislation
creates a task force comprised of subject matter experts to assist with these complex broadband
issues.
Senator Loranne Ausley
Florida Senate, District 3
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/15/21
Meeting Date
APPEARANCE RECORD SB 1560
Bill Number (if applicable)
gg aaoss
Topic Broadband Internet Service
Amendment Barcode (if applicable)
Name Charlie Dudley
Job Title orney
Address 108 S Monroe St. Phone 850-681-0024
Street
Tallahassee FL 2312 Email cdudley@flapartners.com
City State
Speaking: For Against Information Wai e Speaking: |_J In Support '
Against
(The Chair will read this information into the record.)
Representing Florida Internet and Television Association
Appearing at request of Chair: Yes I Ino Lobbyist registered with Legislature: nes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the eeting)
Meeting Date Bill Number (if applicable)
Topic
Name
Job Title
Address Phone
Street
Email
City State Zip
Speaking: | | For | | Against Information Waive Speaking: [. In Support | [Against
(The Chair will read this infor ation into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
03/15/2021 SB 1560
Meeting Date Qm Number (if applicable)
Topic Broadband Internet Service
Amendment Barcode (if applicable)
Name Tara Taggart
Job Title Legislative Policy Analyst
Address 301 S. Bronough Street #300 Phone 850-701-3603
Street
Tallahassee FL 32301 Email ttaggart@ficities.com
City State Z/p
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Leag e of Cities
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is pa t of the public record for this meeting. S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/15/21 APPEARANCE RECORD SB 1560
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Nam© Jeff Scala
Job Title Associate Director of Public Policy
Address 100 South Monroe Street Phone (85°) 922-4300
Street
Tallahassee FL 32301 Email jscala@fl-counties.co
City State zp
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representjng Florida Association of Counties
Appearing at request of Chair: Yes / No Lobbyist registered with Legislature: y Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
15 Mar 21 APPEARANCE RECORD 1560
Meeting Date Bill Number (if applicable)
Topic Broadband Internet Services
Amendment Barcode (if applicable)
Name James Mos eller
Job Title Advocacy Associate
Address 215 S Monroe St, Suite 420 Phone 850-727-3712
Street
Tallahassee FL 32309 Email James@afloridapromise.org
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Represent ng Foundation for Florida's Future
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Street
City / state Zip
Speaking: r For PH Against | | Information Waive Speaking: O ln Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Pj Yes | No Lobbyist registered with Legislature: | | Yes | | No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is pa t of the public record for this meeting. S-001 (10/14/14)
The Florida Sen te
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Jo Title (2 77ZA/
Ad ress . / lP / I I hone
Stre t
Email c
6iiy State Zip
Speaking: | | For | | Agains Information Na e Speaking: In Support Against
(The Chair will read this information into the record.)
Representing AfTY
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: r fYes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is pa t of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1560
INTRODUCER: Commerce and Tourism Committee and Senator Ausley
SUBJECT: Broadband Internet Service
DATE: March 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McKay CM Fav/CS
2. ATD
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1560 updates the duties of the Florida Office of Broadband (Office) within the
Department of Economic Opportunity (Department) to align its goals and duties with several
federal broadband programs, and to encourage efficient identification and use of available
federal resources. Specifically, the bill:
Provides a definition for an “unserved” area to conform to definitions adopted by federal
agencies and updates the definition of an “underserved” area;
Expands the Office’s local technology planning teams’ duties to focus on rural, unserved,
and underserved areas;
Requires the Office to undertake mapping programs that identify Florida’s geographic
availability of broadband, and assets that may be used for the further buildout of broadband
infrastructure;
Establishes the Broadband Opportunity Program to award grants for the expansion of
broadband Internet service in unserved and underserved areas of Florida;
Creates a Broadband Deployment Task Force within the Department to support and provide
recommendations to the Office for the deployment of broadband Internet throughout Florida;
and
Assigns the Office a role in educating the public and assisting with the deployment of the
Federal Emergency Broadband Benefit Program.
BILL: CS/SB 1560 Page 2
II. Present Situation:
Broadband Internet Deployment
Fixed and mobile broadband Internet services provide access to numerous employment,
education, entertainment, and health care opportunities.1 Access to a sufficient internet
connection has only grown more important during the COVID-19 pandemic, which requires
many Americans to connect to their family and friends, schooling, work, and even medical
appointments over the internet.2
While Florida’s urban areas are served at a fixed broadband coverage rate of 98 percent, its rural
areas are served at a rate of 78.6 percent.3 This disparity is caused primarily by high per-unit
construction costs required to build broadband infrastructure across larger swaths of rural
geographic areas.4 Communities that lack broadband access can have difficulty attracting new
capital investment.5 Additionally, data indicates that low-income households disproportionately
lack access to broadband Internet service, which puts children in those households at risk of
falling behind.6
Broadband internet is a high speed internet that is faster than dial-up access and is always on; in
2015, the Federal Communications Commission (FCC) defined broadband as 25/3 megabits per
second (Mbps), i.e., 25 Mbps (download rate) and 3 Mbps (upload rate).7 Consumers can receive
Broadband internet through several different technologies, including a digital subscriber line
(DSL), a cable modem, fiber, wireless, satellite, and broadband over power lines.8
1
U.S. Federal Communications Commission, 2018 Broadband Deployment Report, at 1 (Feb. 2, 2018), available at
https://docs.fcc.gov/public/attachments/FCC-18-10A1.pdf (last visited Mar. 15, 2021).
2
Federal Communications Commission, Emergency Broadband Benefit Report and Order, pp. 2-3 (Feb. 26, 2021), available
at https://www.fcc.gov/broadbandbenefit (last visited Mar. 15, 2021).
3
U.S. Federal Communication Commission, 2021 Broadband Deployment Report at 58. (Jan. 19, 2021), available at
https://docs.fcc.gov/public/attachments/FCC-21-18A1.pdf (last visited Mar. 15, 2021). For purposes of this data, ‘fixed
broadband services’ are measured at 25 megabits per second downstream and 3 megabits per second upstream.
4
National Telecommunications and Information Administration, American Broadband Initiative, Milestones Report, at 11
(Feb. 13, 2019), available at https://broadbandusa.ntia.doc.gov/sites/default/files/resource-
files/american_broadband_initiative_milestones_report_feb_2019_0.pdf (last visited Mar. 15, 2021). See also, Congressional
Research Service, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, p. 7 (Oct. 25, 2019),
available at https://fas.org/sgp/crs/misc/RL30719.pdf (last visited Mar. 15, 2021).
5
Congressional Research Service, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, supra
note 4 at p. 8.
6
New American Economy Research Fund, Back to School: A Look at the Internet Access Gap (Aug. 6, 2020),
https://research.newamericaneconomy.org/report/internet-access-covid-19/ (last visited Mar. 15, 2021).
7
Colby Leigh Rachfal, Congressional Research Service, State Broadband Initiatives: Selected State and Local Approaches
as Potential Models for Federal Initiatives to Address the Digital Divide (Apr. 6, 2020), available at
https://crsreports.congress.gov/product/pdf/R/R46307 (last visited Mar. 15, 2021), citing Federal Communications
Commission, 2019 Broadband Deployment Report, p. 5 (May 29, 2019), available at https://www.fcc.gov/reports-
research/reports/broadband-progress-reports/2019-broadband-deployment-report (last visited Mar. 15, 2021).
8
Congressional Research Service, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, p. 1
(Oct. 25, 2019), available at https://fas.org/sgp/crs/misc/RL30719.pdf (last visited Mar. 15, 2021).
BILL: CS/SB 1560 Page 3
Federal Broadband Initiatives
FCC Digital Opportunity Data Collection Program
The FCC collects and monitors data on broadband deployment in order to identify underserved
and unserved localities in the United States.9 In August 2019, the FCC adopted the Digital
Opportunity Data Collection Program, which modernized the collection of broadband
deployment data by creating granular coverage maps, as opposed to census tract maps, and by
implementing a process to accept public data to confirm the maps’ accuracy.10 In March 2020,
Congress ratified the FCC’s Data Collection Program with passage of the Broadband Data Act,
which requires the FCC to establish a semiannual collection of geographically granular
broadband coverage data to use to create coverage maps.11 Congress has allocated $65 million to
the FCC to achieve this mapping project.12
To create these geographic service maps, the FCC collects information from service providers
according to specific reporting standards. The service providers must report their service
coverage areas, including where their services were available to residences or businesses, and the
speed and latency at which their services are delivered.13 The FCC also considers public
testimony regarding service availability.
FCC’s Rural Digital Opportunity Fund
In January 2020, the FCC established the Rural Digital Opportunity Fund (Fund) to fund the
deployment of broadband networks in rural America over the next decade. The first phase of the
Fund began in 2020 and made available up to $16 billion to target census blocks that are wholly
unserved by fixed broadband speeds of at least 25 megabits per second (Mbps) downstream and
3 Mbps upstream (25/3 Mbps). 14 Florida entities received over $190 million (to be distributed
over the next 10 years) in this first round of funding.15
Phase II of the Fund will target underserved localities, as identified by the FCC’s Digital
Opportunity Data Collection Program.16 Using this more precise data, the second phase of FCC
9
Federal Communications Commission, Establishing the Digital Opportunity Data Collection pp. 1-2 (Jan. 19, 2021), WC
Docket No. 19-195, available at https://www.fcc.gov/document/fcc-takes-next-step-collect-more-precise-broadband-
mapping-data (last visited Mar. 15, 2021).
10
Id. at p. 3. See also, Federal Communications Commission, Digital Opportunity Data Collection Order and Further
Notice, 34 FCC Rcd at 7506, 7521, paras. 2, 3, 35.
11
47 U.S.C. §§642(a)(1)(A), (a)(2).
12
Marguerite Reardon, CNET, FCC Chair Rosenworcel Launches Broadband Mapping Taskforce (Feb. 17, 2021),
https://www.cnet.com/news/fcc-chair-rosenworcel-launches-broadband-mapping-task-force/ (last visited Mar. 15, 2021).
13
Federal Communications Commission, Establishing the Digital Opportunity Data Collection pp. 5, 8-16 (Jan. 19, 2021),
WC Docket No. 19-195, available at https://www.fcc.gov/document/fcc-takes-next-step-collect-more-precise-broadband-
mapping-data (last visited Mar. 15, 2021).
14
Federal Communications Commission, FCC Launches $20 Billion Rural Digital Opportunity Fund, (last visited Mar. 15,
2021).
15
Federal Communications Commission, Auction 904 Winning Bidders: Attachment A, available at
https://www.fcc.gov/document/auction-904-winning-bidders (last visited Mar. 15, 2021).
16
See, FCC Digital Opportunity Data Collection Program, supra.
BILL: CS/SB 1560 Page 4
grants will make available at least $4.4 billion to target geographic areas where some locations
lack access to 25/3 Mbps broadband.17
FCC’s Emergency Broadband Benefit Program
Congress appropriated $3.2 billion to expand broadband access via subsidies for broadband
service to students, families, and unemployed workers.18 Eligible households can receive a
discount of up to $50 per month off their broadband service bill. A household is eligible to
receive subsidies under the bill if any member of the household:19 qualifies for the Lifeline
program, receives benefits under the free or reduce-price school lunch program, received a
Federal Pell Grant, experienced a substantial loss of income in the last year and has a total
household income in 2020 below $99,000 for single filers and $198,000 for joint filers, or meets
criteria to participate in service providers’ existing low-income or COVID-19 program.20
U.S. Department of Agriculture ReConnect Program
The U.S. Department of Agriculture (USDA), through its ReConnect Program, offers federal
loans, grants, and loan/grant combinations to facilitate broadband deployment to rural areas
without access to sufficient broadband service.21 Eligible entities include cooperatives and non-
profits, for-profit companies, and state and local governments and their agencies and political
subdivisions. Applicants for a grant or a loan/grant combination under the ReConnect Program
must submit a scoring sheet by which USDA may analyze nine separate evaluation criteria to
score the application. One of the evaluation criteria is whether the proposed project is in a state
with a broadband plan that has been updated within the previous 5 years.22
Miscellaneous Federal Broadband Initiatives
Federal assets to assist with the expansion and promotion of broadband comes from a variety of
other sources, for example:23
The FCC’s E-Rate Universal Service Fund subsidizes telephone service (including
broadband Internet access) to low-income households, high-cost areas, rural healthcare
providers, and eligible schools and libraries;24
17
Federal Communications Commission, Rural Digital Opportunity Fund Report and Order, p. 3 (Feb. 7, 2020) WC Docket
19-126, available at https://www.fcc.gov/document/fcc-launches-20-billion-rural-digital-opportunity-fund-0 (last visited
Mar. 15, 2021).
18
NCSL, COVID-19 Economic Relief Bill: Broadband (Jan. 4, 2021), https://www.ncsl.org/ncsl-in-dc/publications-and-
resources/covid-19-economic-relief-bill-stimulus.aspx (last visited Mar. 15, 2021).
19
Consolidated Appropriations Act of 2021, H.R. 133, 116 th Cong., s. 904 (a)(6) (2021).
20
Federal Communications Commission, Emergency Broadband Benefit, https://www.fcc.gov/broadbandbenefit (last visited
Mar. 15, 2021).
21
U.S. Department of Agriculture, Broadband, https://www.usda.gov/broadband (last visited Mar. 15, 2021).
22
Id.
23
See generally, National Telecommunications and Information Administration, American Broadband Initiative, Progress
Report, (June 2020), available at https://www.ntia.doc.gov/files/ntia/publications/abi_progress_report_june2020.pdf (last
visited Mar. 15, 2021).
24
Federal Communications Commission, E-Rate: Universal Service Program for Schools and Libraries (Sep. 16, 2020),
https://www.fcc.gov/consumers/guides/universal-service-program-schools-and-libraries-e-rate (last visited Mar. 15, 2021).
The Universal Service Administrative Company is a not-for-profit designated by the FCC to administer the Universal Service
Fund. See also, Universal Service Administrative Co., E-Rate
BILL: CS/SB 1560 Page 5
The U.S. Department of Housing and Urban Development25 and Department of Education26
offer block grants to support broadband infrastructure;
The Department of the Interior launched a mapping tool to allow service providers to locate
federal property available for infrastructure development;27 and
The National Telecommunications and Information Administration within the U.S.
Department of Commerce is working to improve coordination between Federal programs that
fund broadband and statewide efforts.28
Additionally, the latest COVID-19 relief bill passed by Congress29 included the following
funding to expand broadband Internet access for students, families, and unemployed workers:30
$300 million for rural broadband;
$250 million for the FCC’s telehealth program;
$285 million to fund a pilot program to assist with broadband issues at historically Black
colleges and universities;
$1.9 billion for “rip and replace” efforts related to Huawei and ZTE equipment in U.S.
networks; and
$1 billion in grants for tribal broadband programs.
Florida Broadband Program
In 2020 the Legislature created the Florida Office of Broadband (Office) within the Department
of Economic Opportunity (Department).31 The Office is tasked with developing, marketing, and
promoting broadband Internet service in the state.
Specifically, the Office must:
Create a strategic plan for increasing the use of broadband Internet service in the state which
must include a process to review and verify public input regarding transmission speeds and
availability of broadband Internet service throughout the state;
Build local technology planning teams representing, among others, libraries, schools,
colleges and universities, local health care providers, private businesses, community
organizations, economic development organizations, local governments, tourism, parks and
recreation, and agriculture;
25
U.S. Department of Housing and Urban Development, State CDBG Program Broadband Infrastructure FAQs
(Jan. 7, 2016), https://files.hudexchange.info/resources/documents/State-CDBG-Program-Broadband-Infrastructure-
FAQs.pdf (last visited Mar. 15, 2021).
26
U.S. Department of Education, Rural and Low-Income School Program,
https://www2.ed.gov/programs/reaprlisp/index.html (last visited Mar. 15, 2021). See also, Broadband USA, Funding Guide -
Department of Education - Rural and Low-Income School Program, https://broadbandusa.ntia.doc.gov/funding-program-
details-funding-guide/department-education-rural-low-income-school-program-0 (last visited Mar. 15, 2021).
27
U.S. Department of Interior, Supporting Broadband Tower Facilities in Rural America on Federal Properties Managed at
Interior, https://www.doi.gov/broadband (last visited Mar. 15, 2021).
28
Broadband USA, State Broadband Leaders Network (Dec. 19, 2018), https://broadbandusa.ntia.doc.gov/ntia-
resources/state-broadband-leaders-network-sbln (last visited Mar. 15, 2021).
29
Consolidated Appropriations Act of 2021, H.R. 133, 116th Cong. (2021).
30
NCSL, COVID-19 Economic Relief Bill: Broadband (Jan. 4, 2021), https://www.ncsl.org/ncsl-in-dc/publications-and-
resources/covid-19-economic-relief-bill-stimulus.aspx (last visited Mar. 15, 2021).
31
Ch. 2020-26, Laws of Fla.
BILL: CS/SB 1560 Page 6
Encourage the use of broadband Internet service, especially in rural, unserved, and
underserved32 areas of the state through grant programs; and
Monitor, participate in, and provide input in proceedings of the FCC and other federal
agencies related to the geographic availability and deployment of broadband Internet service
as necessary to ensure that Florida’s rural, unserved, and underserved areas are best
positioned to benefit from federal and state broadband deployment programs.33
The DEO may apply for and accept federal grant funds, enter into necessary or useful contracts,
and establish any committee or workgroup to further the above goals.34
Florida’s Multi-use Corridors of Regional Economic Significance (M-CORES)
Section 339.0801(2)(b), F.S., provides that up to $5 million of the funds transferred to Florida’s
Turnpike Enterprise35 for the M-CORES program may be used for projects that assist in the
development of broadband infrastructure within or adjacent to a multiuse corridor. The
Department of Transportation must give specific priority to broadband infrastructure projects
located in a rural area of opportunity36 that is adjacent to a multiuse corridor.37
III. Effect of Proposed Changes:
Office of Broadband Mapping Requirements
The bill expands the Office’s duties to require it to develop a map of Florida’s broadband
Internet service availability by June 30, 2022, and to update it annually thereafter. This map must
specifically identify:
Where broadband-capable networks currently exist and where broadband Internet service is
available to Florida’s consumers.
The download and upload rates at which service providers make broadband Internet service
available to Florida’s businesses and individuals.
Gaps in Florida’s broadband Internet service coverage—especially any areas that are
underserved or unserved within rural areas of opportunity.
Any other mapping information that another Florida agency has already compiled.
Locations where broadband Internet service is not available, or is provided at speeds below
25/3 Mbps, as identified by public input.
The bill permits the Office to collaborate with Enterprise Florida, Inc., state agencies, local
governments, private businesses, and community organizations to create a process to collect and
32
Section 364.0135(2)(d), F.S., defines the term “underserved” to mean a geographic area of this state in which there is no
provider of broadband Internet service that offers a connection to the Internet with a capacity for transmission at a consistent
speed of at least 10 Mbps downstream and at least 1 Mbps upstream
33
Section 364.0135(4), F.S.
34
Section 364.0135(5), F.S.
35
The Florida Turnpike Enterprise is part of the Department of Transportation.
36
Section 288.0656, F.S., defines a rural area of opportunity (RAO) as a rural community, or region composed of rural
communities, designated by the Governor, that has been adversely affected by an extraordinary economic event, severe of
chronic distress, or natural disaster that presents a unique economic development opportunity of regional impact. RAO’s are
eligible for assistance and other support through the Rural Economic Development Initiative, administered by DEO.
37
Section 339.0801(2)(b), F.S.
BILL: CS/SB 1560 Page 7
verify public data regarding the availability of broadband Internet service. This may be repetitive
of the current requirement in 364.0135(4)(a), F.S., that the Office include a process to review and
verify public input regarding transmission speeds and availability of broadband Internet service
in its strategic plan.
The Office must also verify any mapping data it receives from another governmental entity or a
contractor by comparing it to the source of the data and by evaluating the third-party’s collection
methodology, study organization, and self-verification processes. This verification requirement
also applies to the broadband availability data that a contractor who operates pursuant to a valid
contract with the Office or a governmental entity collects. The contractor must also describe any
third party it uses to provide the data.
The bill also requires the Office to create another map by June 30, 2022, that details Florida’s
broadband infrastructure assets. This map must include the location of any state and federal
physical or funding assets that can be used for expanding broadband infrastructure by, e.g.,
burying or stringing fiber optic cable. Such assets include municipally or city-owned towers,
public transportation corridors, capital projects, community-owned land and infrastructure (such
as utility poles), and federal E-rate funding commitments.
Florida Broadband Opportunity Program
The bill creates the Broadband Opportunity Program (Grant Program), which will award grants
of up to $5 million per project to applicants who seek to expand access to broadband Internet
service in unserved and underserved areas of the state. The Office will administer the Grant
Program, and its administration is subject to appropriation. Entities may apply for grants to fund
the installation or deployment of infrastructure that supports broadband Internet service in
underserved or unserved areas.
Applicants must submit a grant application to the Office, which must include:
A description of the project area;
A description of the kind and amount of broadband Internet service infrastructure that is
proposed;
Evidence demonstrating the unserved or underserved nature of the project area and the
number of households and businesses that would have new access to broadband Internet
service, or that would have upgraded broadband Internet service as a result of the grant;
A list of significant community institutions that would benefit from the grant;
The total cost of the project and the timeframe in which it would be completed;
Sources of funding or in-kind contributions that would supplement any awarded grant; and
Any other information required by the Office.
The Office must publish the criteria and quantitative scoring system it will use to evaluate
applications and award grants each fiscal year. The criteria and quantitative scoring system must
include the criteria listed in the bill, as discussed below.
After it receives Grant Program applications, the Office must publish the proposed areas to be
served and the proposed broadband Internet speed at which the area will be serviced. A
broadband Internet service provider that provides existing service in, or adjacent to a proposed
BILL: CS/SB 1560 Page 8
project area may challenge the Grant Program applicant’s plan. The challenge must demonstrate
that:
The provider currently has deployed broadband Internet service to retail customers within the
proposed project area;
The provider has begun construction to provide broadband Internet service to retail
customers within the proposed project area; or
The provider commits to providing broadband Internet service to retail customers within the
proposed project area within the timeframe proposed by the applicant.
If the Office determines that the challenge is valid, the Office may not fund the challenged
project. If a challenger fails to fulfill its commitment to provide broadband Internet service in
accordance with its challenge, it is excluded from submitting another challenge for the next two
grant cycles, unless the Office determines the failure to fulfill the commitment was due to
circumstances beyond provider's control.
The Office must prioritize applications that:
Offer broadband Internet service to community institutions including libraries, educational
institutions, public safety facilities, and healthcare facilities;
Facilitate the use of telemedicine and electronic health records;
Serve economically distressed areas of the state;
Provide for scalability to transmission speeds of at least 100/10 Mbps;
Actively promote the adoption of the newly available broadband Internet services in the
community;
Provide evidence of strong support for the project from citizens, government, businesses, and
institutions in the community;
Provide access to broadband Internet service to the greatest number of unserved households
and businesses;
Leverage greater amounts of funding for the project from other private and public sources; or
Demonstrate consistency with the Office’s strategic plan.38
The Office must attempt to award grants to qualified applicants in all regions of the state. The
Office cannot award grants:
To provide broadband Internet service to an area that already has broadband Internet service
from at least one provider.
To provide service in a project area that has received any other federal funding.
To a governmental entity, rural electric cooperative or its broadband affiliate, or an
educational institution or affiliate, for the purpose of providing broadband Internet service to
any residential or commercial premises, unless other broadband Internet service providers
have not deployed broadband Internet service to an unserved or underserved area.
For the purpose of serving any retail end user that already has access to broadband Internet
service.
To any entity if, when combined with any other state or local funds, the grant will constitute
more than 50 percent of the project’s funding.
38
The Office has yet to issue its strategic plan.
BILL: CS/SB 1560 Page 9
The Office must enter into an agreement with the applicant that is awarded a grant under the
Grant Program. The agreement must specify the total amount of the grant, performance
conditions, payment schedule, and sanctions for failure to meet performance conditions,
including, but not limited to, requiring the return of grant funds.
By January 1, 2023, and each year thereafter, the Office must publish on its website and provide
to the Governor, the President of the Senate, and the Speaker of the House of Representatives:
A list of all grant applications it received during the previous year and for each application:
o The results of any quantitative weighting or scoring system the Office used to award
grants or rank the applications.
o The grant amount requested.
o The grant amount awarded, if any.
o A report on the progress of each grant recipient in acquiring and installing infrastructure
that supports the provision of broadband Internet service in the project areas for which
the grant was awarded and in securing adoption of such service in each project area.
All written challenges during the previous year.
Florida Broadband Deployment Task Force
The bill creates a Broadband Deployment Task Force (Task Force) to support and provide
recommendations to the Office for the deployment of broadband Internet service throughout
Florida, including addressing the rural infrastructure issue and urban adoption strategies.
The bill establishes the Task Force’s membership as follows:
One member each from the Department of Agriculture and Consumer Services, the
Department of Management Services, the Department of Transportation, the Department of
Education, the Department of Health, and the Office of Technology and Information
Services, all of whom will be appointed by his or her respective agency head;
One member from the Florida Association of Counties, who will be appointed by the
Department’s executive director;
One member of the Florida League of Cities, who will be appointed by the Department’s
executive director;
Two members of the public—one who lives in an underserved area and one who lives in an
unserved area of Florida—who will be appointed by the Governor; and
A member from each of the following types of broadband industry providers, who will all be
appointed by the Governor: a wireless provider, a wireline provider, a broadband satellite
provider, a cable provider, a rural local exchange carrier, and a competitive local exchange
carrier.
The bill outlines the following specific duties for the Task Force:
Identify federal funding sources to assist with the expansion or improvement of broadband
Internet in Florida;
Identify geographic gaps in Florida’s broadband Internet service coverage;
BILL: CS/SB 1560 Page 10
Develop strategies to expand broadband Internet service to rural areas of opportunity39—
including establishing partnerships with local governments, other state and federal entities,
electric utilities, businesses, and the public;
Address the affordability of broadband Internet service in Florida;
Identify funding sources to further deploy broadband Internet service throughout Florida,
especially grants provided through the rural infrastructure fund;40
Coordinate with the Cabinet, state agencies, and other governmental entities that have
oversight in broadband Internet activities or that control potential funding opportunities; and
Recommend outreach strategies and partnerships to best use the federal Emergency
Broadband Benefit Program.
The Task Force is required to submit a report that details its findings and recommendations to the
Governor, President of the Florida Senate, and Speaker of the Florida House of Representatives
by December 30, 2022, and each year thereafter.
Office of Broadband’s Role in the Emergency Broadband Benefit Program
The bill requires the Office to establish a process to identify households that may be eligible to
receive a subsidy under the Emergency Broadband Benefit Program. The Office is also required
to provide separate notice to identified households that they may be eligible to receive assistance
under the Program along with information on other state or federal resources that may provide
assistance with debt relief.
The bill adopts the federal Emergency Broadband Benefit Program recipient eligibility language.
Local Technology Planning Teams
Current law requires the Office to create local technology planning teams, the membership of
which consists of representatives of education, health care, private business, agriculture,
economic development organizations, local government, and tourism. Current law does not
provide a specific purpose or goal for these teams. The bill adds language that targets the teams’
work to unserved and underserved communities—especially fiscally constrained counties. The
bill outlines the following duties for the teams:
Work with rural communities to help them understand their current availability;
Locate unserved and underserved businesses or residents;
Identify assets that may be used to further deploy broadband;
Build partnerships with broadband service providers, and
Identify opportunities to increase the use and deployment of broadband in the community.
39
The currently designated rural areas of opportunity (RAOs) are the Northwest RAO, the South Central RAO, and the North
Central RAO. See Department of Economic Opportunity, Rural Areas of Opportunity,
http://www.floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of-opportunity
(last visited Mar. 15, 2021).
40
The Rural Infrastructure Fund (RIF) is administered by the DEO with the purpose of facilitating the planning and financing
of rural infrastructure projects in Florida. A main goal of the RIF is to connect rural communities with infrastructure funding
programs. See, Department of Economic Opportunity, Rural Infrastructure Fund, https://floridajobs.org/community-
planning-and-development/rural-community-programs/rural-infrastructure-fund (last visited Mar. 15, 2021).
BILL: CS/SB 1560 Page 11
Miscellaneous
Legislative Findings
The bill updates the legislative findings to state that Florida’s sustainable adoption of broadband
Internet service is essential to all its residents, rather than beneficial to specific entities.
Definitions
The bill adds a definition of the term “unserved” to mean a geographic area of Florida in which
there is no provider of broadband Internet service that offers a connection to the Internet with a
capacity for transmission at a speed of 25/3 Mbps—the speed used by the FCC to define
sufficient broadband Internet.
The bill also amends the definition of “underserved” to mean a geographic area of Florida in
which there is no internet service provider that offers a connection to the Internet with a capacity
for transmission at a speed of 100/10 Mbps. This is higher than any current definition of
broadband.
Public Records
The bill adds language that clarifies that any information that is confidential or exempt from
public disclosure under ch. 119, F.S., when held by the Department is also confidential or
exempt from ch. 119, F.S., when given to the Department by a broadband service provider
pursuant to s. 364.0135, F.S.
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.41 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.42
Chapter 119, F.S., known as the Public Records Act, provides that all state, county, and
municipal records are open for personal inspection and copying by any person, and that Florida
agencies must provide access to its public records.43 The Legislature may exempt specific types
of public records from public access requirements;44 the exemption must state with specificity
the public necessity that justifies the exemption and must be no broader than necessary to
accomplish the stated purpose of the exemption.45 For example, section 288.075(3) and (4), F.S.,
41
Art. I, s. 24(a), Fla. Const.
42
Id.
43
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
44
Art. I, s. 24(c), Fla. Const.
45
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
BILL: CS/SB 1560 Page 12
make trade secrets held by an economic development agency and proprietary confidential
business information held by an economic development agency, respectively, confidential and
exempt from s. 119.071(1), F.S.
Effective Date
The bill takes effect on July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may ultimately help to provide more affordable broadband Internet service to
Florida’s communities by increasing related infrastructure and identifying funding
sources to subsidize other related costs.
C. Government Sector Impact:
This bill will require the Office to undertake geographical mapping, gather public input,
and perform outreach and informational campaigns. This will likely require additional
funding.
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
BILL: CS/SB 1560 Page 13
Additionally, the bill creates the Broadband Opportunity Program, which is designed to
administer grants to support the growth of broadband Internet infrastructure in Florida.
The Office will likely require funds to staff this program. The general program is subject
to appropriation, but has not yet been allocated any amount.
VI. Technical Deficiencies:
The definition of the Task Force states that it operates within the Office; the creation of the Task
Force in s. 364.0135(5), F.S., states that it is established within the Department to support and
provide recommendations to the Office. This inconsistency may lead to confusion while creating
the Task Force.
The bill refers to a “board” that shall adjust its geographic information system maps to reflect
information received from the public. This should refer to the “Office.”
VII. Related Issues:
The bill creates a Broadband Deployment Task Force that must perform specific duties and
submit an annual report. Section 20.03, F.S., defines a “task force” as an advisory body that is
created by a specific statutory enactment for a time not to exceed 3 years and that will cease to
exist after it completes its assignment. The bill does not create a term of existence for the task
force and further requires it to create and submit an annual report each year after its initial report
is due in 2022. This may conflict with the duration of task forces described in s. 20.03, F.S.
The bill requires the Office to establish a mechanism to receive and verify public input as part of
its mapping process. This may be repetitive of the current requirement in 364.0135(4)(a), F.S.,
that the Office include a process to review and verify public input regarding transmission speeds
and availability of broadband Internet service in its strategic plan.
The confidentiality and public record exemption language in s. 364.0135(6), F.S., of the bill
appears to reiterate current confidentiality and public record exemption language that already
exist elsewhere in law. Therefore, this language appears to be duplicative and unnecessary.
The Department may lack expertise to be able to direct consumers to state or federal resources
that may provide assistance with debt relief as required by the bill.
VIII. Statutes Affected:
This bill substantially amends sections 364.0135 and 364.0136 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 15, 2021:
The CS creates the Broadband Opportunity Program to award grants to support
BILL: CS/SB 1560 Page 14
broadband Internet infrastructure in underserved and unserved areas of Florida. The
Grant Program will be administered by the Office, and is subject to appropriation.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1560
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Ausley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 193 - 275
4 and insert:
5 (g) Administer the Broadband Opportunity Program
6 established in s. 364.0136.
7 (5) BROADBAND DEPLOYMENT TASK FORCE.—The Broadband
8 Deployment Task Force, a task force as defined in s. 20.03(8),
9 is established within the department to support and provide
10 recommendations to the office for the deployment of broadband
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11 Internet service throughout this state, including, but not
12 limited to, rural buildout and urban adoption strategies. The
13 department shall provide administrative and technical assistance
14 to the task force in the performance of its duties. The task
15 force shall operate in a manner consistent with s. 20.052.
16 (a) The task force shall be composed of the following
17 members, who must be appointed by September 1, 2021, and who
18 must have an interest and significant expertise in broadband
19 Internet services:
20 1. One member from each of the following state agencies,
21 who shall be appointed by his or her agency head: the Department
22 of Agriculture and Consumer Services, the Department of
23 Management Services, the Department of Transportation, the
24 Department of Education, the Department of Health, and the
25 Office of Technology and Information Services.
26 2. One member from the Florida Association of Counties as a
27 representative of underserved or unserved rural communities, who
28 is recommended by the association and appointed by the executive
29 director.
30 3. One member from the Florida League of Cities as a
31 representative of underserved or unserved rural communities, who
32 is recommended by the league and appointed by the executive
33 director.
34 4. Two members of the public who are appointed by the
35 Governor, including one member who resides in an underserved
36 area of this state and one member who resides in an unserved
37 area of this state.
38 5. One member from each of the following segments of the
39 broadband industry, who shall be appointed by the Governor: a
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40 wireless provider, a wireline provider, a broadband satellite
41 provider, a cable provider, a rural local exchange carrier, and
42 a competitive local exchange carrier.
43 (b) Any vacancy on the task force must be filled in the
44 same manner as the original appointment.
45 (c) The task force shall:
46 1. Identify any available federal funding sources for the
47 expansion or improvement of broadband Internet services in this
48 state.
49 2. Identify any gaps in broadband Internet service coverage
50 for any area of this state.
51 3. Develop strategies to expand broadband Internet service
52 to any area of this state designated as a rural area of
53 opportunity, including, but not limited to, methods of building
54 partnerships with local governments, other state and federal
55 entities, electric utilities, the business community, and the
56 public to support broadband Internet service in such areas.
57 4. Develop an urban adoption strategy to address areas of
58 this state which have broadband Internet service, but where such
59 service is not affordable.
60 5. Identify specific projects that will accomplish the
61 deployment of broadband Internet service throughout this state,
62 including grants provided through the rural infrastructure fund
63 pursuant to s. 288.0655(2)(b).
64 6. Coordinate with the Cabinet, state agencies, and other
65 governmental entities with oversight in broadband Internet
66 activities or potential funding opportunities.
67 7. Recommend outreach strategies and partnerships for
68 maximum use of the federal Emergency Broadband Benefit Program
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69 within the Consolidated Appropriations Act, 2021, Pub. L. No.
70 116-260 and regulations adopted thereunder.
71 (d) The task force shall submit a report of its findings
72 and recommendations to the Governor, the President of the
73 Senate, and the Speaker of the House of Representatives by
74 December 30, 2022, and each year thereafter.
75 (6) CONFIDENTIALITY.—Any information that is confidential
76 or exempt from public disclosure under chapter 119 when in the
77 possession of the department retains its status as confidential
78 or exempt from disclosure under chapter 119 when provided by a
79 broadband service provider under this section.
80 (7)(5) ADMINISTRATION.—The department may:
81 (a) Apply for and accept federal funds for purposes of this
82 section.
83 (b) Enter into contracts necessary or useful to carry out
84 the purposes of this section.
85 (c) Establish any committee or workgroup to administer and
86 carry out the purposes of this section.
87 Section 2. Section 364.0136, Florida Statutes, is created
88 to read:
89 364.0136 Broadband Opportunity Program.—
90 (1) The Broadband Opportunity Program is established within
91 the Florida Office of Broadband within the Department of
92 Economic Opportunity to award grants to applicants who seek to
93 expand broadband Internet service to unserved and underserved
94 areas of this state. The office must administer and act as
95 fiscal agent for the program and is responsible for receiving
96 and reviewing applications and awarding grants. Funding for the
97 program shall be as provided in s. 338.2278(7)(b).
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98 (2) Grants awarded under this section shall fund the
99 installation or deployment of infrastructure that supports the
100 provision of broadband Internet service. State funds may not be
101 used to install or deploy broadband Internet service to a
102 geographic area in which broadband Internet service is already
103 deployed by at least one provider.
104 (3) Applicants eligible for grant awards include:
105 (a) Corporations, nonprofit corporations, limited liability
106 companies, general partnerships, and limited partnerships that
107 are organized under the laws of this state or otherwise
108 authorized to transact business in this state.
109 (b) Political subdivisions.
110 (c) Rural electric cooperatives organized under chapter 425
111 and their broadband affiliates.
112 (d) Indian tribes.
113 (4) The office may not award, directly or indirectly,
114 grants under this section to a governmental entity, a rural
115 electric cooperative or its broadband affiliate, or an
116 educational institution or affiliate to provide broadband
117 Internet service to any residential or commercial premises,
118 unless other broadband Internet service providers have not
119 deployed service to an unserved or underserved area.
120 (5) An eligible applicant shall submit a grant application
121 to the office on a form prescribed by the office. A grant
122 application must include all of the following information:
123 (a) A description of the project area.
124 (b) A description of the kind and amount of broadband
125 Internet service infrastructure which is proposed.
126 (c) Evidence demonstrating the unserved or underserved
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127 nature of the project area.
128 (d) The number of households and businesses which would
129 have access to broadband Internet service as a result of the
130 grant.
131 (e) A list of significant community institutions that would
132 benefit from the grant.
133 (f) The total cost of the project and the timeframe in
134 which it would be completed.
135 (g) A list identifying sources of funding or in-kind
136 contributions that would supplement any awarded grant.
137 (h) Any other information required by the office.
138 (6)(a) At least 30 days before the first day grant
139 applications may be submitted each fiscal year, the office shall
140 publish on its website the specific criteria and quantitative
141 scoring system it will use to evaluate or rank grant
142 applications. Such criteria and quantitative scoring system must
143 include the criteria set forth in subsection (7).
144 (b) Within 3 business days after the close of the grant
145 application process, the office shall publish on its website,
146 from each grant application submitted, the proposed unserved or
147 underserved areas to be served and the proposed broadband
148 Internet speeds of the areas to be served.
149 (c) A broadband Internet service provider that provides
150 existing service in or adjacent to a proposed project area may
151 submit to the office, within 45 days after publication of the
152 information under paragraph (b), a written challenge to an
153 application. The challenge must contain information
154 demonstrating that:
155 1. The provider currently has deployed broadband Internet
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156 service to retail customers within the project area;
157 2. The provider has begun construction to provide broadband
158 Internet service to retail customers within the proposed project
159 area within the timeframe proposed by the applicant; or
160 3. The provider commits to providing broadband Internet
161 service to retail customers within the proposed project area
162 within the timeframe proposed by the applicant.
163 (d) Within 3 business days after the submission of a
164 written challenge, the office shall notify the applicant, in
165 writing, of the challenge.
166 (e) The office shall evaluate each challenge submitted
167 under this subsection. If the office determines that the
168 provider currently has deployed, has begun construction to
169 provide, or commits to provide broadband Internet service in the
170 proposed project area, the office may not fund the challenged
171 project.
172 (f) If the office denies funding to an applicant as a
173 result of a broadband Internet service provider’s challenge, and
174 the provider does not fulfill its commitment to provide
175 broadband Internet service in the unserved or underserved area,
176 the office may not consider another challenge from the provider
177 for the next two grant application cycles, unless the office
178 determines that the failure to fulfill the commitment was due to
179 circumstances beyond the provider’s control.
180 (7)(a) In evaluating grant applications and awarding
181 grants, the office must give priority to applications that:
182 1. Offer broadband Internet service to important community
183 institutions, including, but not limited to, libraries,
184 educational institutions, public safety facilities, and health
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185 care facilities;
186 2. Facilitate the use of telemedicine and electronic health
187 records;
188 3. Serve economically distressed areas of this state, as
189 measured by indices of unemployment, poverty, or population loss
190 which are significantly greater than the statewide average;
191 4. Provide for scalability to transmission speeds of at
192 least 100 megabits per second download and 10 megabits per
193 second upload;
194 5. Include a component to actively promote the adoption of
195 the newly available broadband Internet service in the community;
196 6. Provide evidence of strong support for the project from
197 residents, government, businesses, and institutions in the
198 community;
199 7. Provide access to broadband Internet service to the
200 greatest number of unserved and underserved households and
201 businesses;
202 8. Leverage greater amounts of funding for a project from
203 private sources; or
204 9. Demonstrate consistency with the strategic plan adopted
205 under s. 364.0135.
206 (b) The office must endeavor to award grants to qualified
207 applications serving all regions of this state.
208 (8)(a) The office may not award any grant to an otherwise
209 eligible grant applicant to provide broadband Internet service
210 in a project area for which any other federal funding has been
211 awarded.
212 (b) A grant awarded under this section may not be used to
213 serve any retail end user that already has access to broadband
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214 Internet service.
215 (c) A grant awarded under this section, when combined with
216 any state or local funds, may not fund more than 50 percent of
217 the total cost of a project.
218 (d) A single project may not be awarded a grant in excess
219 of $5 million.
220 (9) For each grant awarded, the office shall enter into an
221 agreement with the applicant. The agreement must specify the
222 total amount of the grant, performance conditions that must be
223 met to obtain the grant, the schedule of payment, and sanctions
224 that would apply for failure to meet performance conditions,
225 including, but not limited to, requiring the return of grant
226 funds.
227 (10) By January 1, 2023, and each year thereafter, the
228 office shall publish on its website and provide to the Governor,
229 the President of the Senate, and the Speaker of the House of
230 Representatives all of the following information:
231 (a) A list of all grant applications received during the
232 previous fiscal year and for each application:
233 1. The results of any quantitative weighting or scoring
234 system the office used to award grants or rank the applications.
235 2. The grant amounts requested.
236 3. The grant amounts awarded, if any.
237 4. A report on the progress of each grant recipient in
238 acquiring and installing infrastructure that supports the
239 provision of broadband Internet service in the project areas for
240 which that grant was awarded and in securing adoption of such
241 service in each project area.
242 (b) All written challenges filed during the previous year
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243 and the results of those challenges.
244 Section 3. Subsection (7) of section 338.2278, Florida
245 Statutes, is amended to read:
246 338.2278 Multi-use Corridors of Regional Economic
247 Significance Program.—
248 (7) Funds that result from increased revenues to the State
249 Transportation Trust Fund derived from the amendments to s.
250 320.08 made by chapter 2019-43, Laws of Florida, this act and
251 deposited into the fund pursuant to s. 320.20(5)(a) must be used
252 as follows:
253 (a) For the 2019-2020 fiscal year, $45 million shall be
254 retained in the State Transportation Trust Fund, and the
255 remaining funds shall be transferred to the General Revenue
256 Fund.
257 (a)(b) For the 2020-2021 fiscal year, $90 million shall be
258 retained in the State Transportation Trust Fund, and the
259 remaining funds shall be transferred to the General Revenue
260 Fund.
261 (b)(c) For the 2021-2022 fiscal year and each fiscal year
262 thereafter, 50 percent of the funds shall be transferred to the
263 State Economic Enhancement and Development Trust Fund within the
264 Department of Economic Opportunity for use by the Florida Office
265 of Broadband as provided in s. 364.0135, and all of the
266 remaining funds shall be retained in the State Transportation
267 Trust Fund. For the 2021-2022 fiscal year, $1 million of such
268 funds transferred for use by the Florida Office of Broadband
269 shall be used for the express purpose of funding the office’s
270 mapping duties under s. 364.0135(4).
271 Section 4. Section 364.0137, Florida Statutes, is created
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272 to read:
273 364.0137 Broadband assistance funds.—
274
275 ================= T I T L E A M E N D M E N T ================
276 And the title is amended as follows:
277 Delete line 31
278 and insert:
279 364.0136, F.S.; creating the Broadband Opportunity
280 Program within the office; providing for
281 administration of the program; providing requirements
282 for grant awards; providing eligibility requirements;
283 providing application requirements; requiring the
284 office to publish certain information related to grant
285 applications and grant awards on its website;
286 authorizing grant applications to be challenged under
287 certain circumstances; specifying contents of a
288 challenge; providing procedures to be used by the
289 office in evaluating challenges; providing direction
290 for prioritizing grant funding; specifying conditions
291 for the award of grants; requiring the office to enter
292 into an agreement containing specified information
293 with each grant recipient; requiring the office to
294 publish specified information annually on its website
295 and provide the information to the Governor and
296 Legislature; amending s. 338.2278, F.S.; transferring,
297 beginning in a specified fiscal year, certain funds
298 from the State Transportation Trust Fund to the State
299 Economic Enhancement and Development Trust Fund within
300 the department annually for use by the office;
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301 requiring a specified portion of such funds, for the
302 2021-2022 fiscal year, to be used for specified
303 mapping purposes; creating s. 364.0137, F.S.; defining
304 terms; requiring the office
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Ausley) recommended the
following:
1 Senate Amendment to Amendment (186496) (with title
2 amendment)
3
4 Delete lines 97 - 270
5 and insert:
6 program shall be subject to appropriation.
7 (2) Grants awarded under this section shall fund the
8 installation or deployment of infrastructure that supports the
9 provision of broadband Internet service. State funds may not be
10 used to install or deploy broadband Internet service to a
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11 geographic area in which broadband Internet service is already
12 deployed by at least one provider.
13 (3) Applicants eligible for grant awards include:
14 (a) Corporations, nonprofit corporations, limited liability
15 companies, general partnerships, and limited partnerships that
16 are organized under the laws of this state or otherwise
17 authorized to transact business in this state.
18 (b) Political subdivisions.
19 (c) Rural electric cooperatives organized under chapter 425
20 and their broadband affiliates.
21 (d) Indian tribes.
22 (4) The office may not award, directly or indirectly,
23 grants under this section to a governmental entity, a rural
24 electric cooperative or its broadband affiliate, or an
25 educational institution or affiliate to provide broadband
26 Internet service to any residential or commercial premises,
27 unless other broadband Internet service providers have not
28 deployed service to an unserved or underserved area.
29 (5) An eligible applicant shall submit a grant application
30 to the office on a form prescribed by the office. A grant
31 application must include all of the following information:
32 (a) A description of the project area.
33 (b) A description of the kind and amount of broadband
34 Internet service infrastructure which is proposed.
35 (c) Evidence demonstrating the unserved or underserved
36 nature of the project area.
37 (d) The number of households and businesses which would
38 have access to broadband Internet service as a result of the
39 grant.
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40 (e) A list of significant community institutions that would
41 benefit from the grant.
42 (f) The total cost of the project and the timeframe in
43 which it would be completed.
44 (g) A list identifying sources of funding or in-kind
45 contributions that would supplement any awarded grant.
46 (h) Any other information required by the office.
47 (6)(a) At least 30 days before the first day grant
48 applications may be submitted each fiscal year, the office shall
49 publish on its website the specific criteria and quantitative
50 scoring system it will use to evaluate or rank grant
51 applications. Such criteria and quantitative scoring system must
52 include the criteria set forth in subsection (7).
53 (b) Within 3 business days after the close of the grant
54 application process, the office shall publish on its website,
55 from each grant application submitted, the proposed unserved or
56 underserved areas to be served and the proposed broadband
57 Internet speeds of the areas to be served.
58 (c) A broadband Internet service provider that provides
59 existing service in or adjacent to a proposed project area may
60 submit to the office, within 45 days after publication of the
61 information under paragraph (b), a written challenge to an
62 application. The challenge must contain information
63 demonstrating that:
64 1. The provider currently has deployed broadband Internet
65 service to retail customers within the project area;
66 2. The provider has begun construction to provide broadband
67 Internet service to retail customers within the proposed project
68 area within the timeframe proposed by the applicant; or
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69 3. The provider commits to providing broadband Internet
70 service to retail customers within the proposed project area
71 within the timeframe proposed by the applicant.
72 (d) Within 3 business days after the submission of a
73 written challenge, the office shall notify the applicant, in
74 writing, of the challenge.
75 (e) The office shall evaluate each challenge submitted
76 under this subsection. If the office determines that the
77 provider currently has deployed, has begun construction to
78 provide, or commits to provide broadband Internet service in the
79 proposed project area, the office may not fund the challenged
80 project.
81 (f) If the office denies funding to an applicant as a
82 result of a broadband Internet service provider’s challenge, and
83 the provider does not fulfill its commitment to provide
84 broadband Internet service in the unserved or underserved area,
85 the office may not consider another challenge from the provider
86 for the next two grant application cycles, unless the office
87 determines that the failure to fulfill the commitment was due to
88 circumstances beyond the provider’s control.
89 (7)(a) In evaluating grant applications and awarding
90 grants, the office must give priority to applications that:
91 1. Offer broadband Internet service to important community
92 institutions, including, but not limited to, libraries,
93 educational institutions, public safety facilities, and health
94 care facilities;
95 2. Facilitate the use of telemedicine and electronic health
96 records;
97 3. Serve economically distressed areas of this state, as
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98 measured by indices of unemployment, poverty, or population loss
99 which are significantly greater than the statewide average;
100 4. Provide for scalability to transmission speeds of at
101 least 100 megabits per second download and 10 megabits per
102 second upload;
103 5. Include a component to actively promote the adoption of
104 the newly available broadband Internet service in the community;
105 6. Provide evidence of strong support for the project from
106 residents, government, businesses, and institutions in the
107 community;
108 7. Provide access to broadband Internet service to the
109 greatest number of unserved and underserved households and
110 businesses;
111 8. Leverage greater amounts of funding for a project from
112 private sources; or
113 9. Demonstrate consistency with the strategic plan adopted
114 under s. 364.0135.
115 (b) The office must endeavor to award grants to qualified
116 applications serving all regions of this state.
117 (8)(a) The office may not award any grant to an otherwise
118 eligible grant applicant to provide broadband Internet service
119 in a project area for which any other federal funding has been
120 awarded.
121 (b) A grant awarded under this section may not be used to
122 serve any retail end user that already has access to broadband
123 Internet service.
124 (c) A grant awarded under this section, when combined with
125 any state or local funds, may not fund more than 50 percent of
126 the total cost of a project.
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127 (d) A single project may not be awarded a grant in excess
128 of $5 million.
129 (9) For each grant awarded, the office shall enter into an
130 agreement with the applicant. The agreement must specify the
131 total amount of the grant, performance conditions that must be
132 met to obtain the grant, the schedule of payment, and sanctions
133 that would apply for failure to meet performance conditions,
134 including, but not limited to, requiring the return of grant
135 funds.
136 (10) By January 1, 2023, and each year thereafter, the
137 office shall publish on its website and provide to the Governor,
138 the President of the Senate, and the Speaker of the House of
139 Representatives all of the following information:
140 (a) A list of all grant applications received during the
141 previous fiscal year and for each application:
142 1. The results of any quantitative weighting or scoring
143 system the office used to award grants or rank the applications.
144 2. The grant amounts requested.
145 3. The grant amounts awarded, if any.
146 4. A report on the progress of each grant recipient in
147 acquiring and installing infrastructure that supports the
148 provision of broadband Internet service in the project areas for
149 which that grant was awarded and in securing adoption of such
150 service in each project area.
151 (b) All written challenges filed during the previous year
152 and the results of those challenges.
153
154 ================= T I T L E A M E N D M E N T ================
155 And the title is amended as follows:
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156 Delete lines 296 - 303
157 and insert:
158 Legislature; creating s. 364.0137, F.S.; defining
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Gruters) recommended the
following:
1 Senate Amendment to Amendment (186496)
2
3 Delete lines 105 - 112
4 and insert:
5 (a) Corporations, limited liability companies, general
6 partnerships, and limited partnerships that are organized under
7 the laws of this state or otherwise authorized to transact
8 business in this state.
9 (b) Indian tribes.
Page 1 of 1
3/15/2021 8:08:06 AM 577-02796-21
Florida Senate - 2021 SB 1560 Florida Senate - 2021 SB 1560
By Senator Ausley
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1 A bill to be entitled 30 its exemption from public disclosure; creating s.
2 An act relating to broadband Internet service; 31 364.0136, F.S.; defining terms; requiring the office
3 amending s. 364.0135, F.S.; revising legislative 32 to establish a process to identify eligible households
4 findings; defining terms; revising the duties of the 33 to receive federal Emergency Broadband Benefit Program
5 Florida Office of Broadband within the Department of 34 funds under certain circumstances; providing for
6 Economic Opportunity; requiring local technology 35 direct subsidy payments; providing for household
7 planning teams or partnerships to work with rural 36 participation in the program; requiring the office to
8 communities for specified purposes; requiring the 37 provide certain information to potentially eligible
9 office to develop geographic information system maps 38 households; providing an effective date.
10 in collaboration with specified entities and 39
11 consistent with certain federal reporting standards by 40 Be It Enacted by the Legislature of the State of Florida:
12 a specified date; specifying required contents of the 41
13 maps; requiring the department to annually update such 42 Section 1. Section 364.0135, Florida Statutes, is amended
14 maps and establish a mechanism to receive and verify 43 to read:
15 governmental and public input related to broadband 44 364.0135 Promotion of broadband adoption; Florida Office of
16 Internet service; authorizing the department to work 45 Broadband.—
17 collaboratively with specified entities in developing 46 (1) LEGISLATIVE FINDINGS.—The Legislature finds that the
18 the mechanism; requiring the office to develop a 47 sustainable adoption of broadband Internet service is critical
19 broadband infrastructure asset map by a specified 48 to the economic and business development of this the state and
20 date; specifying required contents of the map; 49 is essential beneficial for all residents of this state,
21 establishing the Broadband Deployment Task Force 50 libraries, schools, colleges and universities, health care
22 within the office for a specified purpose; requiring 51 providers, and community organizations.
23 the department to provide administrative and technical 52 (2) DEFINITIONS.—As used in this section, the term:
24 assistance to the task force; providing for the 53 (a) “Department” means the Department of Economic
25 membership and duties of the task force; requiring the 54 Opportunity.
26 task force to submit annual progress reports to the 55 (b) “Office” means the Florida Office of Broadband.
27 Governor and the Legislature by a specified date; 56 (c) “Sustainable adoption” means the ability for
28 providing that certain information provided to the 57 communications service providers to offer broadband services in
29 department from broadband service providers retains 58 all areas of this the state by encouraging adoption and use
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59 utilization levels that allow for these services to be offered 88 state. The plan must include a process to review and verify
60 in the free market absent the need for governmental subsidy. 89 public input regarding transmission speeds and availability of
61 (d) “Task force” means the Broadband Deployment Task Force 90 broadband Internet service throughout this the state.
62 within the office. 91 (b) Build and facilitate local technology planning teams or
63 (e)(d) “Underserved” means a geographic area of this the 92 partnerships with members representing cross-sections of the
64 state in which there is no provider of broadband Internet 93 community, which may include, but are not limited to,
65 service that offers a connection to the Internet with a capacity 94 representatives from the following organizations and industries:
66 for transmission at a consistent speed of at least 100 10 95 libraries, K-12 education, colleges and universities, local
67 megabits per second downstream and at least 10 megabits 1 96 health care providers, private businesses, community
68 megabit per second upstream. 97 organizations, economic development organizations, local
69 (f) “Unserved” means a geographic area of this state in 98 governments, tourism, parks and recreation, and agriculture. The
70 which there is no provider of broadband Internet service that 99 local technology planning teams or partnerships shall work with
71 offers a connection to the Internet with a capacity for 100 rural communities to help the communities understand their
72 transmission at a consistent speed of at least 25 megabits per 101 current broadband availability, locate unserved and underserved
73 second downstream and at least 3 megabits per second upstream. 102 businesses and residents, identify assets relevant to broadband
74 (3) STATE AGENCY.—The department is designated as the lead 103 deployment, build partnerships with broadband service providers,
75 state agency to facilitate the expansion of broadband Internet 104 and identify opportunities to leverage assets and reduce
76 service in this the state. The department shall work 105 barriers to the deployment of broadband Internet services in the
77 collaboratively with private businesses and receive staffing 106 community. The teams or partnerships must be proactive in
78 support and other resources from Enterprise Florida, Inc., state 107 fiscally constrained counties in identifying and providing
79 agencies, local governments, and community organizations. 108 assistance with applying for federal grants for broadband
80 (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of 109 Internet service.
81 Broadband is created within the Division of Community 110 (c) Encourage the use of broadband Internet service,
82 Development in the department for the purpose of developing, 111 especially in the rural, unserved, or underserved communities of
83 marketing, and promoting broadband Internet services in this the 112 this the state through grant programs having effective
84 state. The office, in the performance of its duties, shall do 113 strategies to facilitate the statewide deployment of broadband
85 all of the following: 114 Internet service. For any grants to be awarded, priority must be
86 (a) Create a strategic plan that has goals and strategies 115 given to projects that:
87 for increasing the use of broadband Internet service in this the 116 1. Provide access to broadband education, awareness,
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117 training, access, equipment, and support to libraries, schools, 146 Federal Communications Commission.
118 colleges and universities, health care providers, and community 147 b. Identify where broadband-capable networks exist and
119 support organizations. 148 broadband Internet service is available to end users.
120 2. Encourage the sustainable adoption of broadband in 149 c. Identify download and upload transmission speeds made
121 primarily underserved areas by removing barriers to entry. 150 available to businesses and individuals in this state.
122 3. Work toward encouraging investments in establishing 151 d. Identify gaps in broadband Internet service coverage,
123 affordable and sustainable broadband Internet service in 152 specifying underserved and unserved areas within those areas of
124 underserved areas of this the state. 153 this state designated as a rural area of opportunity under s.
125 4. Facilitate the development of applications, programs, 154 288.0656(2).
126 and services, including, but not limited to, telework, 155 e. Include any other mapping information already compiled
127 telemedicine, and e-learning to increase the usage of, and 156 by other state agencies.
128 demand for, broadband Internet service in this the state. 157 f. Be updated annually.
129 (d) Monitor, participate in, and provide input in 158 2. Any mapping data received from another governmental
130 proceedings of the Federal Communications Commission and other 159 entity or a contractor must be verified. Such data must be
131 federal agencies related to the geographic availability and 160 verified against the source of the data and whether such entity
132 deployment of broadband Internet service in this the state as 161 is able to demonstrate that it has employed a sound and reliable
133 necessary to ensure that this information is accurately 162 methodology in the collection, organization, and verification of
134 presented and that rural, unserved, and underserved areas of 163 the data it has submitted to the office. If a governmental
135 this the state are best positioned to benefit from federal and 164 entity enters into a valid contract with a contractor to collect
136 state broadband deployment programs. 165 broadband availability data, the entity must describe the third
137 (e) By June 30, 2022, develop geographic information system 166 party providing the data as well as the methodology used to
138 maps of broadband Internet service availability throughout this 167 collect, organize, and verify the availability data provided.
139 state. The office shall collaborate with broadband service 168 3. The office must establish a mechanism to receive and
140 providers, state agencies, local governmental entities, private 169 verify public input which identifies locations in which
141 businesses, educational institutions, and community 170 broadband Internet service is not available, including locations
142 organizations and leaders to develop such maps. 171 in which broadband Internet service is provided at data
143 1. The maps must do all of the following: 172 transmission speeds below the standard established by the
144 a. Be consistent with the Digital Opportunity Data 173 Federal Communications Commission for broadband Internet
145 Collection program reporting standards established by the 174 service. Upon verification, the board shall adjust its
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175 geographic information system maps to reflect information 204 must have an interest and significant expertise in broadband
176 received from the public. In developing and implementing this 205 Internet services:
177 mechanism, the office may work in collaboration with, and 206 1. One member from each of the following state agencies,
178 receive staffing support and other resources from, Enterprise 207 who shall be appointed by his or her agency head: the Department
179 Florida, Inc., state agencies, local governments, private 208 of Agriculture and Consumer Services, the Department of
180 businesses, and community organizations. 209 Management Services, the Department of Transportation, the
181 (f) By June 30, 2022, develop a broadband infrastructure 210 Department of Education, the Department of Health, and the
182 asset map that includes, but is not limited to: 211 Office of Technology and Information Services.
183 1. State and federal assets, including, but not limited to, 212 2. One member from the Florida Association of Counties as a
184 municipally or city-owned towers that may be used by providers; 213 representative of underserved or unserved rural communities, who
185 rights-of-way that may be made available for easier and less 214 is recommended by the association and appointed by the executive
186 expensive access to burying or stringing fiber optic cable; 215 director.
187 public transportation corridors; capital projects that may be 216 3. One member from the Florida League of Cities as a
188 used as an opportunity to lay new fiber optic conduit for future 217 representative of underserved or unserved rural communities, who
189 activation; and federal E-rate funding commitments; and 218 is recommended by the league and appointed by the executive
190 2. Community-owned land and infrastructure, including, but 219 director.
191 not limited to, land that may be leased and utility poles that 220 4. Two members of the public who are appointed by the
192 may be used to expand broadband networks. 221 Governor, including one member who resides in an underserved
193 (5) BROADBAND DEPLOYMENT TASK FORCE.—The Broadband 222 area of this state and one member who resides in an unserved
194 Deployment Task Force, a task force as defined in s. 20.03(8), 223 area of this state.
195 is established within the department to support and provide 224 5. One member from each of the following segments of the
196 recommendations to the office for the deployment of broadband 225 broadband industry, who shall be appointed by the Governor: a
197 Internet service throughout this state, including, but not 226 wireless provider, a wireline provider, a broadband satellite
198 limited to, rural buildout and urban adoption strategies. The 227 provider, a cable provider, a rural local exchange carrier, and
199 department shall provide administrative and technical assistance 228 a competitive local exchange carrier.
200 to the task force in the performance of its duties. The task 229 (b) Any vacancy on the task force must be filled in the
201 force shall operate in a manner consistent with s. 20.052. 230 same manner as the original appointment.
202 (a) The task force shall be composed of the following 231 (c) The task force shall:
203 members, who must be appointed by September 1, 2021, and who 232 1. Identify any available federal funding sources for the
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233 expansion or improvement of broadband Internet services in this 262 or exempt from public disclosure under chapter 119 when in the
234 state. 263 possession of the department retains its status as confidential
235 2. Identify any gaps in broadband Internet service coverage 264 or exempt from disclosure under chapter 119 when provided by a
236 for any area of this state. 265 broadband service provider under this section.
237 3. Develop strategies to expand broadband Internet service 266 (7)(5) ADMINISTRATION.—The department may:
238 to any area of this state designated as a rural area of 267 (a) Apply for and accept federal funds for purposes of this
239 opportunity, including, but not limited to, methods of building 268 section.
240 partnerships with local governments, other state and federal 269 (b) Enter into contracts necessary or useful to carry out
241 entities, electric utilities, the business community, and the 270 the purposes of this section.
242 public to support broadband Internet service in such areas. 271 (c) Establish any committee or workgroup to administer and
243 4. Develop an urban adoption strategy to address areas of 272 carry out the purposes of this section.
244 this state which have broadband Internet service, but where such 273 Section 2. Section 364.0136, Florida Statutes, is created
245 service is not affordable. 274 to read:
246 5. Identify specific projects that will accomplish the 275 364.0136 Broadband assistance funds.—
247 deployment of broadband Internet service throughout this state, 276 (1) For purposes of this section, the term:
248 including grants provided through the rural infrastructure fund 277 (a) “Broadband service provider” means a provider of
249 pursuant to s. 288.0655(2)(b). 278 broadband Internet access service in this state.
250 6. Coordinate with the Cabinet, state agencies, and other 279 (b) “Federal broadband program” means the Emergency
251 governmental entities with oversight in broadband Internet 280 Broadband Benefit Program within the Consolidated Appropriations
252 activities or potential funding opportunities. 281 Act, 2021, Pub. L. No. 116-260 and regulations adopted
253 7. Recommend outreach strategies and partnerships for 282 thereunder.
254 maximum use of the federal Emergency Broadband Benefit Program 283 (2) In order to assist participating broadband service
255 within the Consolidated Appropriations Act, 2021, Pub. L. No. 284 providers in identifying potential recipients for broadband
256 116-260 and regulations adopted thereunder. 285 assistance funds under the federal broadband program, the
257 (d) The task force shall submit a report of its findings 286 Florida Office of Broadband, as created in s. 364.0135, must
258 and recommendations to the Governor, the President of the 287 establish a process to quickly identify potential eligible
259 Senate, and the Speaker of the House of Representatives by 288 households to receive such funds.
260 December 30, 2022, and each year thereafter. 289 (3) An eligible broadband service provider that
261 (6) CONFIDENTIALITY.—Any information that is confidential 290 participates in and receives funds under the federal broadband
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291 program must provide direct subsidy payments by providing
292 monthly discounts for eligible households as set forth in the
293 federal broadband program. A provider may not disqualify a
294 household because a member of the household has any past or
295 present arrearages with a broadband provider. Such discounts may
296 be no more than the standard rate for an Internet service
297 offering and associated equipment, in an amount equal to that
298 set forth in the federal broadband program.
299 (4) To be eligible for direct subsidy payments, an eligible
300 household must demonstrate low income. Such eligible households
301 include those in which at least one member of the household is
302 eligible for the National School Lunch Program or the School
303 Breakfast Program, as provided in s. 595.402, has experienced a
304 substantial loss of income since February 29, 2020, has received
305 a federal Pell Grant, is eligible for the federal Lifeline
306 program, or meets participation requirements for a service
307 provider’s existing low-income or COVID-19 program, subject to
308 any other eligibility requirements required by the Federal
309 Communications Commission.
310 (5) Where possible, the office shall provide potentially
311 eligible households with notice of their potential eligibility
312 to receive financial assistance under the federal broadband
313 program and shall also direct the members of those households to
314 other state or federal resources that may provide assistance
315 with debt relief.
316 Section 3. This act shall take effect July 1, 2021.
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YOU MUST PRINT AND DELIVER THIS FORM TO THE ASSIGN D TESTIMONY ROO Reset Form
The Florida Senate
3/15/2021 302
Meeting Date
APPEARANCE R CORD
Bill Number (if applicable)
opic Smal1 Business Saturday Sales Tax Holiday
Amendment Barcode (if applicable)
Name Pamela Burch Fort
Job Title
Address South Monroe Street Phone 850-425-1344
Street
Tallahassee FL 3 301 Emaj| TcgLobby@aol.com
city State Zip
Speaking: For Against Information Waive Speaking: ln Support
Against
(The Chair will read this information i to the record.)
Representing NAACP Florida State Conference
Appearing at request of Chair: Yes 1* 1 No Lobbyist registered with Legislature: Yes LJno
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to sp ak to b heard at this
meeting. Those who do speak may be asked to limit th ir remarks so that as many persons as possible can be heard.
This form is part of the public record for this m eting. S-001 (-10/14/14)
YOU MUST PRINT AND DELIVERTHIS FORM TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
3/15/21 APPEARANCE RECORD 302
Meeting Date Bill Number (if applicable)
Topic Small Business Saturday Sales Tax Holiday Amendment Barcode (if applicable)
Name Carolyn Johnson
Job Title Senior Policy Director
Address 136 S Bronough Street Phone 850-521-1200
Street
Tallahassee FL 32301 Email cjohnson@flchamber.com
City State
Speaking: |For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Florida Chamber of Commerce
Appearing at request of Chair: Yes * Ino Lobbyist registered with Legislature: Yes |No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 302
INTRODUCER: Commerce and Tourism Committee and Senator Taddeo
SUBJECT: Small Business Saturday Sales Tax Holiday
DATE: March 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Fav/CS
2. FT
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
SB 302 establishes a one-day sales tax holiday on Saturday, November 27, 2021, that coincides
with Small Business Saturday. During the holiday, small businesses may opt out of collecting
state sales tax and local discretionary sales surtaxes on the sale of items of tangible personal
property having a sales price of $1,000 or less per item.
A small business that chooses not to participate in the sales tax holiday must notify the
Department of Revenue of its decision by November 16, 2021, and post a copy of that notice at
its place of business.
The bill takes effect July 1, 2021.
II. Present Situation:
Florida Sales Tax
Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
property,1 admissions,2 transient rentals,3 and a limited number of services. Chapter 212, F.S.,
contains provisions authorizing the levy and collection of Florida’s sales and use tax, as well as
1
Section 212.05(1)(a)1.a, F.S.
2
Section 212.04(b), F.S.
3
Section 212.03(1)(a), F.S.
BILL: SB 302 Page 2
the exemptions and credits applicable to certain items or uses under specified circumstances.
Sales tax is added to the price of the taxable good or service and collected from the purchaser at
the time of sale.4 Sales tax receipts accounted for approximately 79 percent of the state’s General
Revenue in Fiscal Year 2019-2020.5
Section 212.055, F.S., authorizes counties to impose local discretionary sales surtaxes in addition
to the state sales tax. A surtax applies to “all transactions occurring in the county which
transactions are subject to the state tax imposed on sales, use, services, rentals, admissions, and
other transactions by [ch. 212, F.S.], and communications services as defined in ch. 202.”6 The
discretionary sales surtax is based on the tax rate imposed by the county where the taxable goods
or services are sold or delivered. Discretionary sales surtax rates currently levied vary by county
in a range of 0.5 to 2.5 percent.7
Small Business Saturday
Small Business Saturday was created in 2010 by American Express as a rewards program that
encouraged their cardholders to shop at small businesses on the Saturday after Black Friday.8
The U.S. Senate passed a resolution recognizing Small Business Saturday in 2011,9 and the U.S.
Small Business Administration began co-sponsoring the shopping event in 2015. 10 Although
American Express has ended its cardholder rewards program, sales on Small Business Saturday
have increased. According to the Small Business Administration, 110 million consumers spent
almost $20 billion at small businesses on Small Business Saturday in 2019, compared to the
almost $18 billion spent by 104 million consumers in 2018.11
III. Effect of Proposed Changes:
SB 302 establishes a one-day sales tax holiday on Saturday, November 27, 2021, that coincides
with Small Business Saturday. During the holiday, small businesses may opt out of collecting
state sales tax and local discretionary sales surtaxes on the sale of items of tangible personal
property having a sales prices of $1,000 or less per item. The bill defines a “small business” as
one that:
Has registered with the Department of Revenue (DOR);
Began operating no later than January 8, 2021; and
4
See s. 212.07(2), F.S.
5
Office of Economic and Demographic Research, Florida Tax Handbook, 16 (2020), available at
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2020.pdf (last visited Mar. 16, 2021).
6
Section 212.054(2)(a), F.S.
7
Supra note 5, at 231-232.
8
U.S. Chamber of Commerce, Support Your Local Community by Shopping Small (November 20, 2018), available at
https://www.uschamber.com/series/above-the-fold/support-your-local-community-shopping-small (last visited Mar. 16,
2021).
9
A resolution designating November 26, 2011, as "Small Business Saturday" and supporting efforts to increase awareness of
the value of locally owned small businesses, S. Res. 320, 112th Cong. (2011).
10
U.S. Small Business Administration, Nearly $20 billion spent by Americans this Small Business Saturday (December 3,
2019), available at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/nearly-20-billion-spent-
americans-small-business-saturdayr (last visited Mar. 16, 2021).
11
Id.
BILL: SB 302 Page 3
Has owed and remitted less than $200,000 in total sales and use tax to the DOR during either
the one-year period ending on September 30, 2021, or the period beginning on the date the
business began operating and ending on September 30, 2021, if the business has not been in
operation for a full year as of September 30, 2021.
A small business eligible to file a consolidated tax return may only qualify for the sales tax
holiday if the total sales and use tax owed and remitted from all of the business’s locations is less
than $200,000.
If a business chooses not to participate in the sales tax holiday, the business must notify the DOR
of its decision by November 16, 2021. The business must post a copy of the notice in a
conspicuous place.
The DOR may adopt emergency rules pursuant to ss. 120.536(1) and 120.54, F.S., for the
purpose of implementing the bill.
The bill takes effect July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds, limit the ability of counties and municipalities to raise
revenue, or reduce the percentage of state tax shared with counties and municipalities.
Subsection (b) of s. 18, Art. VII of the Florida Constitution provides that except upon
approval of each house of the Legislature by two-thirds vote of the membership, the
legislature may not enact, amend, or repeal any general law if the anticipated effect of
doing so would be to reduce the authority that municipalities or counties have to raise
revenue in the aggregate, as such authority existed on February 1, 1989. However, the
mandates requirements do not apply to laws having an insignificant impact,12, 13 which is
$2.2 million or less for Fiscal Year 2021-2022.14
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
12
FLA. CONST. art. VII, s. 18(d).
13
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last
visited Mar. 16, 2021).
14
Based on the Demographic Estimating Conference’s population adopted on November 13, 2020. The conference packet is
available at http://edr.state.fl.us/Content/conferences/population/ConferenceResults.pdf (last visited Mar. 16, 2021).
BILL: SB 302 Page 4
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not yet met regarding the bill.
B. Private Sector Impact:
Persons purchasing items from stores participating in the sales tax holiday will realize
savings.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill defines “small business” as a dealer who owed and remitted to the DOR less than
$200,000 in total sales and use tax during a specified period. Information contained in reports
received by the DOR, such as taxes remitted, is considered confidential and exempt from public
records under s. 213.053, F.S. Thus, the DOR has indicated it will not be able to publish a Tax
Information Publication (TIP) identifying businesses participating in the sales tax holiday.
VIII. Statutes Affected:
The bill creates an undesignated section of chapter law.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 15, 2021:
The committee substitute:
Provides that a business that chooses not to participate in the sales tax holiday must
notify the DOR of its decision by November 16, 2021, and post a copy of that notice
at its place of business; and
BILL: SB 302 Page 5
Deletes language that appropriates $200,000 to the DOR to implement the sales tax
holiday.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 302
Ì503806'Î503806
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Taddeo) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 41 - 49
4 and insert:
5 27, 2021. If a qualifying dealer chooses not to participate in
6 the tax holiday, the dealer must notify the Department of
7 Revenue in writing by November 16, 2021, of its election to
8 collect sales tax during the holiday and must post a copy of
9 that notice in a conspicuous location at its place of business.
10 (4) The Department of Revenue may, and all conditions are
Page 1 of 2
1/27/2021 10:42:37 AM 577-01307-21
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 302
Ì503806'Î503806
11 deemed to be met to, adopt emergency rules pursuant to ss.
12 120.536(1) and 120.54, Florida Statutes, to implement this
13 section. Notwithstanding any other law, emergency rules adopted
14 pursuant to this subsection are effective for 6 months after
15 adoption and may be renewed during the pendency of procedures to
16 adopt permanent rules addressing the subject of the emergency
17 rule.
18
19 ================= T I T L E A M E N D M E N T ================
20 And the title is amended as follows:
21 Delete lines 7 - 8
22 and insert:
23 timeframe; authorizing certain dealers to opt out of
24 participating in the tax holiday, subject to certain
25 requirements; authorizing the Department of Revenue to
26 adopt emergency rules;
Page 2 of 2
1/27/2021 10:42:37 AM 577-01307-21
Florida Senate - 2021 SB 302 Florida Senate - 2021 SB 302
By Senator Taddeo
40-00188-21 2021302__ 40-00188-21 2021302__
1 A bill to be entitled 30 period ending September 30, 2021.
2 An act relating to a Small Business Saturday sales tax 31 (2) Subject to subsection (3), the tax levied under chapter
3 holiday; defining the term “small business”; providing 32 212, Florida Statutes, may not be collected by a small business
4 that small businesses are not required to collect the 33 during the period from 12:01 a.m. on November 27, 2021, through
5 sales and use tax on the retail sale of certain items 34 11:59 p.m. on November 27, 2021, on the retail sale, as defined
6 of tangible personal property during a specified 35 in s. 212.02(14), Florida Statutes, of any item of tangible
7 timeframe; authorizing the Department of Revenue to 36 personal property, as defined in s. 212.02(19), Florida
8 adopt emergency rules; providing an appropriation; 37 Statutes, having a sales price of $1,000 or less per item.
9 providing an effective date. 38 (3) At its option, a small business may choose not to
10 39 participate in the sales and use tax exemption provided in
11 Be It Enacted by the Legislature of the State of Florida: 40 subsection (2) and may collect tax on all sales made on November
12 41 27, 2021.
13 Section 1. Small Business Saturday sales tax holiday.— 42 (4) The Department of Revenue may, and all conditions are
14 (1) As used in this section, the term “small business” 43 deemed to be met to, adopt emergency rules pursuant to ss.
15 means a dealer, as defined in s. 212.06, Florida Statutes, who 44 120.536(1) and 120.54, Florida Statutes, to implement this
16 registered with the Department of Revenue and began operation no 45 section.
17 later than January 8, 2021, and who owed and remitted to the 46 Section 2. For the 2021-2022 fiscal year, the sum of
18 Department of Revenue less than $200,000 in total tax under 47 $200,000 of nonrecurring funds is appropriated from the General
19 chapter 212, Florida Statutes, for the 1-year period ending 48 Revenue Fund to the Department of Revenue for the purpose of
20 September 30, 2021. If the dealer has not been in operation for 49 implementing this act.
21 a 1-year period as of September 30, 2021, the dealer must have 50 Section 3. This act shall take effect July 1, 2021.
22 owed and remitted less than $200,000 in total tax under chapter
23 212, Florida Statutes, for the period beginning on the day the
24 dealer began operation and ending September 30, 2021, in order
25 to qualify as a small business under this section. If the dealer
26 is eligible to file a consolidated return pursuant to s.
27 212.11(1)(e), Florida Statutes, the total tax under chapter 212,
28 Florida Statutes, owed and remitted from all of the dealer’s
29 places of business must be less than $200,000 for the applicable
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting t e meeting)
Meeting Date
Bill Number' if applicable)
Topic
Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
Email
City State Zip
Speaking: For O Against Information Waive Speaking: Support | | Against
(The Chair will re this infbrmation into the record.)
Representing
Appearing at request of Chair: | | Yes | | No Lobbyist registered with Legislature: Yes No
enco ra9ei Public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
i'eliverAPPEARANCE RECORD
BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phon
Street
City Zip
Speaking: | | For [~~| Against nformation a ve Speaking: Hln Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 616
INTRODUCER: Senator Gruters
SUBJECT: Public Accountancy
DATE: March 12, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Reeve McKay CM Favorable
3. RC
I. Summary:
SB 616 permits a nonresident Florida-licensed certified public accountant (CPA) to renew his or
her license if the CPA has complied with the continuing education requirements in the state in
which his or her office is located. However, a nonresident CPA must satisfy Florida’s ethics-
related continuing education requirements. If the state in which the nonresident CPA’s office is
located does not have continuing education requirements as a condition for license renewal, the
nonresident CPA must comply with the continuing education requirements in Florida.
The bill permits a CPA to place his or her license in a retired status. If a licensee on retired status
reenters the workforce in a position that has an association with accounting or any of the CPA
services, the licensee automatically loses his or her retired status. A retired CPA may continue to
be engaged in specific activities but may not offer professional services that require the use of
the CPA title. A retired CPA may reactivate her or his license in a conditional manner
determined by the Florida Board of Accountancy, which must require the payment of fees and
the completion of any required continuing education.
The bill takes effect July 1, 2021.
II. Present Situation:
Certified Public Accountants
The Florida Board of Accountancy (board) within the Department of Business and Professional
Regulation (DBPR) is responsible for regulating and licensing the more than 38,000 active and
2,800 inactive CPAs and more than 5,500 accounting firms in Florida.1 The Division of Certified
1
Department of Business and Professional Regulation, Fiscal Year 2019-2020 Annual Report, page 20, available at
www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1920.pdf (last visited Mar. 12, 2021).
BILL: SB 616 Page 2
Public Accounting provides administrative support to the nine-member board, which consists of
seven CPAs and two laypersons.2
A CPA is an individual who holds a license to practice public accounting in this state under ch.
473, F.S., or an individual who is practicing public accounting in this state pursuant to the
practice privilege granted in s. 473.3141, F.S.3
The practice of public accounting includes offering to the public the performance of services
involving audits, reviews, compilations, tax preparation, management advisory or consulting
services, or preparation of financial statements.4 To engage in the practice of public accounting,5
an individual or firm must be licensed pursuant to ss. 473.308 or 473.3101, F.S., and business
entities must meet the requirements of s. 473.309, F.S.
CPA Licensing
Section 473.308, F.S., provides licensing requirements for CPAs. To be licensed as a certified
public accountant, a person must be of good moral character, pass the licensure exam, and have
at least 150 semester hours of education with a focus on accounting and business.6 CPA licenses
must be renewed on a biennial basis through procedures adopted by the DBPR.7
License by Endorsement
Individuals who are licensed as a CPA in another state or territory, as well as individuals who are
not licensed in another state or territory but have met certain requirements, may apply to the
board for licensure by endorsement.8
If the applicant is not licensed and has never been licensed in another state or territory, the
applicant must meet the education, work experience, and good moral character requirements and
have passed a national, regional, state, or territorial licensing examination that is substantially
equivalent to the examination required by s. 473.306, F.S.9
If the applicant is licensed in another state or territory, the applicant must:
Have satisfied licensing criteria that were substantially equivalent to the licensure criteria in
Florida at the time the license was issued;10
Have passed a national, regional, state, or territorial licensing examination with examination
criteria that were substantially equivalent to the examination criteria required in this state and
2
Section 473.303, F.S.
3
See s. 473.302(4), F.S. Section 473.3141, F.S., permits a person who does not have an office in Florida to practice public
accountancy in this state without obtaining a license under ch. 473, F.S., notifying or registering with the board, or paying a
fee if the person meets the required criteria.
4
Section 473.302(8), F.S.
5
Section 473.302(8), F.S., defines the terms “practice of,” “practicing public accountancy,” and “public accounting.”
6
Sections 473.308(2)-(5), F.S.
7
Section 473.311(2), F.S.
8
Section 473.308(7), F.S.
9
Section 473.308(7)(a), F.S., and Fla Admin. Code R. 61H1-29.003(1) (2021).
10
Section 473.308(7)(b)1., F.S.
BILL: SB 616 Page 3
meet the education, work experience, and good moral character requirements, if the criteria
for issuance of such a license were not substantially equivalent to Florida’s criteria;11 or
Have held a valid license in another state or territory for at least 10 years before applying for
a license in Florida, have passed a national, regional, state, or territorial licensing
examination with examination criteria that were substantially equivalent to the examination
criteria required in this state, and meet the education, work experience, and good moral
character requirements.12
Continuing Education
CPAs, as part of the license renewal procedure, are required to submit proof satisfactory to the
board that, during the 2 years prior to the application for renewal, they have successfully
completed not less than 48 or more than 80 hours of continuing professional education programs
in public accounting subjects approved by the board.13 The board has the authority to prescribe
by rule additional continuing professional education hours, not to exceed 25 percent of the total
hours required, for failure to complete the hours required for renewal by the end of the
reestablishment period.14
Not less than 10 percent of the total continuing education hours required by the board shall be in
accounting-related and auditing-related subjects, as distinguished from federal and local taxation
matters and management services.15
Not less than 5 percent of the continuing education shall be in ethics applicable to the practice of
public accounting, including a review of the provisions of ch. 455, F.S., relating to the
regulations of businesses and professions, ch. 473, F.S., and the related administrative rules. This
requirement must be administered by providers approved by the board.16
Inactive Licenses
Section 473.313(1), F.S., permits Florida-licensed CPAs to request that their license be placed on
inactive status. Licenses can also be placed on inactive status for failing to complete, or failure to
report completion of, the continuing education requirements.17 The board is authorized to adopt
rules establishing fees for placing a license on inactive status, renewal of inactive status, and
reactivation of an inactive license.18
A CPA may reactivate an inactive license by paying the DPBR a $250 application fee19 and
providing certification that the CPA has completed the education requirements.20 If a license that
was placed on inactive status for failure to report completed continuing education requirements
11
Section 473.308(7)(b)2., F.S.
12
Section 473.308(7)(b)3., F.S.
13
Section 473.312(1)(a), F.S.
14
Id.
15
Section 473.312(1)(b), F.S.
16
Section 473.312(1)(c), F.S.
17
Sections 473.313(2) and (3), F.S.
18
See Fla. Admin. Code R. 61H1-33.006 (2021).
19
Fla. Admin. Code R. 61H1-31.006 (2021).
20
Section 473.313(3), F.S.
BILL: SB 616 Page 4
is inactive on January 1, the applicant must submit a complete application to the board by March
15 immediately after the delinquent period.21
Retired Status
Florida law does not currently provide CPAs the option of placing licenses into a retired status as
an alternative to inactive status.
The American Institute of Certified Public Accountants (AICPA) estimated that, as of 2015,
approximately 75 percent of its members would be eligible to retire by 2020.22 In order to allow
retirees to continue to serve their communities without remaining an active CPA in practice, the
AICPA’s Board of Directors and the National Association of State Boards of Accountancy
Board of Directors each approved changes in the Uniform Accountancy Act to provide for the
creation of a Retired-CPA status. The changes allow inactive CPAs at least 55 years of age to
place the word “retired” after their CPA title, in lieu of “inactive,” with appropriate registration
with their State Board; offer volunteer tax preparation services; participate in government-
sponsored business mentoring programs; and serve on the board of a non-profit organization. All
of these activities must be uncompensated, and the applicant must have a license in good
standing.23
III. Effect of Proposed Changes:
Licensure by Endorsement
The bill amends s. 473.308(7)(a), F.S., referring to applicants for licensure by endorsement who
are not licensed in another state, to change the term “another” state to “any” state. The bill does
not make the same change throughout s. 473.308, F.S., where the term “another” state is used in
several instances.
As amended by the bill, s. 473.308(7)(a), F.S., appears to permit persons who have not been
licensed as a CPA in any state, including Florida, to qualify for license by endorsement instead
of persons who have not been licensed in any state aside from Florida.
This change in language would prevent a previously-licensed Florida CPA from using the
licensure by endorsement process to regain a license. However, a person from Florida who has
not been licensed as a CPA in any state or territory must still satisfy the licensing requirements
of this state, whether they do so through the regular licensure qualification process or the
licensure by endorsement process.
21
Id.
22
American Institute of Certified Public Accountants, Proposed Revisions to AICPA/NASBA Uniform Accountability Act
2015, available at https://www.aicpa.org/content/dam/aicpa/advocacy/state/downloadabledocuments/inactive-retired-
exposure-draft-nov-2015.pdf (last visited Mar. 12, 2021).
23
Uniform Accountancy Act of 2018, s. 6(d).
BILL: SB 616 Page 5
Continuing Education
The bill creates s. 473.311(1)(b), F.S., to permit a nonresident licensee seeking to renew his or
her Florida license to comply with the continuing education requirements of the state in which
his or her office is located. Under the bill, a nonresident licensee must still complete no less than
5 percent of the total continuing education hours required in ethics applicable to public
accounting as administered by providers approved by the board.
The nonresident licensee must comply with all of Florida’s continuing education requirements if
the state in which the nonresident licensee’s office is located does not have continuing education
requirements as a condition for license renewal.
The bill also amends s. 473.312(1)(c), F.S., to require that a majority of the continuing education
hours in ethics include a review of the provisions of the provisions of ch. 455, F.S., relating to
the regulations of businesses and professions, ch. 473, F.S., and the related administrative rules.
Retired Status
Under current law, a CPA licensed in Florida is not permitted to place his or license in a retired
status. The bill amends s. 473.313, F.S., to permit a Florida-licensed CPA to submit an
application to the DBPR to place his or her license in a retired status if the licensee:
Is at least 55 years of age;
Holds a current active or inactive license; and
Is in good standing and not the subject of any sanction or disciplinary action.
Under the bill, a licensee in retired status that reenters the workforce in a position associated with
accounting, or any related services defined in ss. 473.302(8)(a), (c), and (d), F.S., automatically
loses his or her retired status. A CPA on retired status may continue to provide services utilizing
accounting skills, as well as tax, management advisory, or consulting services, as defined in s.
473.302(8)(b), F.S., but may not provide certain accounting services that involve expressing an
opinion on or preparing financial statements, as defined in ss. 473.302(8)(a), (c), and (d), F.S.
Retired licensees are permitted to use the title of “retired CPA” but may not offer or render
professional services that require her or his signature and use of the CPA title, regardless of
whether the word “retired” is attached to such title.
The bill authorizes a retired licensee to serve without compensation on a board of directors or
board of trustees, provide volunteer tax preparation services, participate in a government-
sponsored business mentoring program, and participate in an advisory role for a similar
charitable, civic, or nonprofit organizations. A retired licensee may accept routine reimbursement
for actual costs of travel and meals associated with volunteer services or de minimis per diem
amounts paid to the retired licensee to cover such expenses as allowed by law.
Retired licensees are not required to maintain the continuing education requirements set forth in
s. 473.312, F.S.
BILL: SB 616 Page 6
A retired licensee must affirm in writing his or her understanding of the limited types of
activities in which he or she may engage while in retired status and that he or she has a
professional duty to ensure that he or she holds the professional competencies necessary to
participate in such activities.
A retired licensee may reactivate his or her license in a conditional manner determined by the
board, which must require the payment of fees and the completion of any required continuing
education.
Effective Date
The bill takes effect July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
Section 19(a), Article VII of the State Constitution limits the authority of the legislature
to enact legislation that imposes a new state tax or fee by requiring such legislation to be
approved by a 2/3 vote in each chamber of the legislature. Section 19(e), Article VII of
the Florida Constitution provides that a state tax or fee imposed, authorized, or raised
must be contained in a separate bill that contains no other subject.
SB 616 permits a licensed CPA in retired status to reactivate his or her license in a
conditional manner determined by the Florida Board of Accountancy. The bill requires
that the conditions for the reactivation of a license in retired status must include the
payment of fees. The board currently has the authority to impose a fee for the reactivation
BILL: SB 616 Page 7
of an inactive license. Because the bill requires the board to impose a fee of an unknown
amount for the reactivation of a license in retired status, it is unclear if the voting and
separate bill requirements found in the State Constitution apply to the bill.
B. Private Sector Impact:
Retired CPAs wishing to reactivate their licenses will be subject to reactivation fees in an
amount determined by the board.
C. Government Sector Impact:
The DBPR estimates that the technological modifications required to administer the bill
can be made with existing resources.
VI. Technical Deficiencies:
Line 129 of the bill refers to subsection (2) of s. 473.313, F.S., but the bill renumbers section (2)
as paragraph (1)(a).
VII. Related Issues:
The bill creates s. 473.311(1)(b), F.S., permitting a nonresident licensee seeking a renewal of his
or her Florida license to comply with the continuing education requirements of the state in which
his or her office is located. It is unclear if these new provisions are intended to apply to territories
as well as states. In comparison, existing provisions governing the renewal of CPA licenses in s.
473.308, F.S., include licensure requirements for persons licensed in other states or territories.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 473.308, 473.311,
473.312, and 473.313.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 SB 616 Florida Senate - 2021 SB 616
By Senator Gruters
23-00559-21 2021616__ 23-00559-21 2021616__
1 A bill to be entitled 30 endorsement an applicant who:
2 An act relating to public accountancy; amending s. 31 (a) Is not licensed and has not been licensed in any
3 473.308, F.S.; requiring that certain applicants not 32 another state or territory and who has met the requirements of
4 be licensed in any state or territory in order to be 33 this section for education, work experience, and good moral
5 licensed by endorsement; amending s. 473.311, F.S.; 34 character and has passed a national, regional, state, or
6 providing license renewal requirements for nonresident 35 territorial licensing examination that is substantially
7 licensees; amending s. 473.312, F.S.; requiring that a 36 equivalent to the examination required by s. 473.306; or
8 majority of the hours required for continuing 37 (b)1. Holds a valid license to practice public accounting
9 education include specific content; amending s. 38 issued by another state or territory of the United States, if
10 473.313, F.S.; authorizing certain Florida certified 39 the criteria for issuance of such license were substantially
11 public accountants to apply to the Department of 40 equivalent to the licensure criteria that existed in this state
12 Business and Professional Regulation to have their 41 at the time the license was issued;
13 license placed in a retired status; providing 42 2. Holds a valid license to practice public accounting
14 requirements for such conversion; imposing 43 issued by another state or territory of the United States but
15 requirements and prohibitions on retired licensees; 44 the criteria for issuance of such license did not meet the
16 authorizing retired licensees to use a specified title 45 requirements of subparagraph 1.; has met the requirements of
17 under certain circumstances; providing that retired 46 this section for education, work experience, and good moral
18 licensees are not required to maintain continuing 47 character; and has passed a national, regional, state, or
19 education requirements; authorizing retired licensees 48 territorial licensing examination that is substantially
20 to reactivate their licenses if certain conditions are 49 equivalent to the examination required by s. 473.306; or
21 met; defining the term “retired licensee”; providing 50 3. Holds a valid license to practice public accounting
22 an effective date. 51 issued by another state or territory of the United States for at
23 52 least 10 years before the date of application; has passed a
24 Be It Enacted by the Legislature of the State of Florida: 53 national, regional, state, or territorial licensing examination
25 54 that is substantially equivalent to the examination required by
26 Section 1. Subsection (7) of section 473.308, Florida 55 s. 473.306; and has met the requirements of this section for
27 Statutes, is amended to read: 56 good moral character.
28 473.308 Licensure.— 57 Section 2. Subsection (1) of section 473.311, Florida
29 (7) The board shall certify as qualified for a license by 58 Statutes, is amended to read:
Page 1 of 7 Page 2 of 7
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2021 SB 616 Florida Senate - 2021 SB 616
23-00559-21 2021616__ 23-00559-21 2021616__
59 473.311 Renewal of license.— 88 (1) A Florida certified public accountant may request that
60 (1)(a) The department shall renew a license issued under s. 89 her or his license be placed in an inactive status by making
61 473.308 upon receipt of the renewal application and fee and upon 90 application to the department. The board may prescribe by rule
62 certification by the board that the Florida certified public 91 fees for placing a license on inactive status, renewal of
63 accountant has satisfactorily completed the continuing education 92 inactive status, and reactivation of an inactive license.
64 requirements of s. 473.312. 93 (a)(2) A license that has become inactive under this
65 (b) A nonresident licensee seeking renewal of a license in 94 subsection (1) or for failure to complete the requirements in s.
66 this state shall be determined to have met the continuing 95 473.312 may be reactivated under s. 473.311 upon application to
67 education requirements in s. 473.312, except for the 96 the department. The board may prescribe by rule continuing
68 requirements in s. 473.312(1)(c), if the licensee has complied 97 education requirements as a condition of reactivating a license.
69 with the continuing education requirements applicable in the 98 The maximum continuing education requirements for reactivating a
70 state in which his or her office is located. If the state in 99 license are 120 hours, including at least 30 hours in
71 which the nonresident licensee’s office is located has no 100 accounting-related and auditing-related subjects, not more than
72 continuing education requirements for license renewals, the 101 30 hours in behavioral subjects, and a minimum of 8 hours in
73 nonresident licensee must comply with the continuing education 102 ethics subjects approved by the board, for the reactivation of a
74 requirements in s. 473.312. 103 license that is inactive or delinquent.
75 Section 3. Paragraph (c) of subsection (1) of section 104 (b)(3) A license that is delinquent for failure to report
76 473.312, Florida Statutes, is amended to read: 105 completion of the requirements in s. 473.312 may be reactivated
77 473.312 Continuing education.— 106 under s. 473.311 upon application to the department.
78 (1) 107 Reactivation requires the payment of an application fee as
79 (c) Not less than 5 percent of the total hours required by 108 determined by the board and certification by the Florida
80 the board shall be in ethics applicable to the practice of 109 certified public accountant that the applicant satisfactorily
81 public accounting. This requirement shall be administered by 110 completed the continuing education requirements set forth under
82 providers approved by the board and a majority of the hours 111 s. 473.311. If the license is delinquent on January 1 because of
83 shall include a review of the provisions of chapter 455 and this 112 failure to report completed continuing education requirements,
84 chapter and the related administrative rules. 113 the applicant must submit a complete application to the board by
85 Section 4. Section 473.313, Florida Statutes, is amended to 114 March 15 immediately after the delinquent period.
86 read: 115 (c)(4) Any Florida certified public accountant holding an
87 473.313 Inactive status and retired status.— 116 inactive license may be permitted to reactivate such license in
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117 a conditional manner. The conditions of reactivation shall 146 preparation services, participates in a government-sponsored
118 require the payment of fees and the completion of required 147 business mentoring program such as the Internal Revenue
119 continuing education. 148 Service’s Volunteer Income Tax Assistance program or the Small
120 (d)(5) Notwithstanding the provisions of s. 455.271, the 149 Business Administration’s SCORE program, or participates in an
121 board may, at its discretion, reinstate the license of an 150 advisory role for a similar charitable, civic, or other
122 individual whose license has become null and void if the 151 nonprofit organization shall continue to be eligible for retired
123 individual has made a good faith effort to comply with this 152 status.
124 section but has failed to comply because of illness or unusual 153 (b) The board shall require a retired licensee to affirm in
125 hardship. The individual shall apply to the board for 154 writing her or his understanding of the limited types of
126 reinstatement in a manner prescribed by rules of the board and 155 activities in which she or he may engage while in retired status
127 shall pay an application fee in an amount determined by rule of 156 and that she or he has a professional duty to ensure that she or
128 the board. The board shall require that the individual meet all 157 he holds the professional competencies necessary to participate
129 continuing education requirements as provided in subsection (2), 158 in such activities.
130 pay appropriate licensing fees, and otherwise be eligible for 159 (c) Licensees may convert their license to retired status
131 renewal of licensure under this chapter. 160 only if they hold a license in good standing and are not the
132 (2) A Florida certified public accountant who is at least 161 subject of any sanction or disciplinary action.
133 55 years of age and currently holds an active or inactive 162 (d) A retired licensee may accept routine reimbursement for
134 license under this chapter may apply to the department for her 163 actual costs of travel and meals associated with volunteer
135 or his license to be placed in a retired status. The application 164 services or de minimis per diem amounts paid to the licensee to
136 must be prescribed by the board and must state that the 165 cover such expenses, as allowed by law.
137 applicant has no association with accounting or any of the 166 (e) A retired licensee may use the title of “retired CPA”
138 services described in s. 473.302(8)(a), (c), or (d). If a 167 on any business card or letterhead or any other printed or
139 licensee who has been granted retired status reenters the 168 electronic document. However, such title may not be applied in
140 workforce in a position that has an association with accounting 169 such a manner that could confuse the public as to the current
141 or any of the services described in s. 473.302(8)(a), (c), or 170 status of the licensee. The licensee is not required to have a
142 (d), the licensee automatically loses her or his retired status, 171 certificate issued with the word “retired” on the certificate.
143 except as provided in paragraph (a). 172 (f) A retired licensee is not required to maintain the
144 (a) A retired licensee who serves without compensation on a 173 continuing education requirements under s. 473.312.
145 board of directors or board of trustees, provides volunteer tax 174 (g) A retired licensee may not offer or render professional
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175 services that require her or his signature and use of the CPA
176 title, regardless of whether the word “retired” is attached to
177 such title.
178 (h) A retired licensee may reactivate her or his license in
179 a conditional manner determined by board rules. The conditions
180 of reactivation must require the payment of fees and the
181 completion of any required continuing education.
182
183 For the purposes of this subsection, the term “retired licensee”
184 means a licensee whose license has been placed in retired status
185 by the department.
186 Section 5. This act shall take effect July 1, 2021.
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The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeti g Date
Bill Number (if applicable)
ToP'C Hond S ll Amendment Barcode (Ifapp cabte)
Name Slate ?) .u \as
Job Title
Address S • H O rO Si, Phone S 0 ~
Street
EL dL3D I Email r,
City state Zip 1
Speaking: QFor Against Q Information Waive Speaking: l /fln Su port | | Ag inst
(The Chair will read this information into the record.)
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Tves No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetina.
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTI ONY ROO
The Florida Senate
3/15/21 APPEARANCE RECORD SB 1444
Meeting Date Bill Number (if applicable)
Topic Florida Small Manufacturing Business Recovery Act
Amendment Barcode (if applicable)
Name Brewster Bevis
Job Title Senior Vice President
Address 516 N. Ada s St Phone 224-7173
Street
Tallahassee FL 32301 Email bbevis@aif.com
City State
Speaking: For Against Information Waive Speaking: In Support _ Against
(The Chair will read this information into the record.)
Representing Associated Industries of Florida
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public r cord for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1444
INTRODUCER: Senator Wright
SUBJECT: Florida Small Manufacturing Business Recovery Act
DATE: March 12, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 1444 creates s. 288.715, F.S., the Florida Small Manufacturing Business Recovery Act. The
bill allows investors to earn state premium tax credits equal to their investment in certified relief
funds; in turn, the relief funds will invest in certain businesses. The bill caps investment at a
level that will result in no more than $100 million in tax credits under the program.
The Department of Economic Opportunity will administer the program by certifying relief funds,
granting tax credits to investors, and, if necessary, revoking a relief fund’s tax credit authority.
The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.
The bill takes effect July 1, 2021.
II. Present Situation:
Economic Development Incentives that use Tax Credits
Capital Investment Tax Credit
The Capital Investment Tax Credit was created to attract and grow capital-intensive industries in
the state by offering an annual tax credit equal to 5 percent of the capital costs generated by a
project. The tax credit offered may only be used against the corporate income tax or premium tax
liability generated by a project.1 Eligible projects are in high impact portions of the clean energy,
life sciences, financial services, information technology, semi-conductor, transportation
1
Section 220.91, F.S.
BILL: SB 1444 Page 2
equipment manufacturing, advanced manufacturing, or corporate headquarters facility industries.
In calendar year 2019, the DEO approved over $67 million in capital investment tax credits.2
Rural Job Tax Credit Program
The Florida Rural Job Tax Credit Program offers a tax credit incentive for eligible businesses
that are located within a designated qualified rural area to create new jobs.3 The tax credit ranges
from $1,000 to $1,500 per qualified employee and can be taken against either the businesses’
corporate income tax or sales and use tax liabilities. A business is limited to no more than
$500,000 of tax credits per year.4 The DEO administers this program, and may approve up to $5
million in tax credits per year; in calendar year 2019, the DEO approved $100,000 in rural job
tax credits.5
Florida New Markets Development Program6
The Florida New Markets Development Program (NMDP), similar to the program created in this
bill, uses tax credits to spur economic development. The NMDP allows Florida taxpayers to earn
tax credits against corporate income tax and insurance premium tax by investing in qualified
community development entities (CDEs) that make investments in qualified low-income
community businesses. CDEs are domestic corporations or partnerships that have a primary role
in administering the tax credit program and act as intermediaries between the investors,
financiers, and low-income community businesses. The NMDP is modeled after the federal New
Markets Tax Credit program.7 The NMDP is capped at a cumulative investment that would result
in no more than $216.34 million in tax credits, and an annual investment that would result in no
more than $36.6 million in a single fiscal year.8 The NMDP has exhausted its credit allocation. It
has not issued tax credits since Fiscal Year 2014-2015.9
Examples of Acts in Other States
In 2017, Georgia created the Georgia Agribusiness and Rural Jobs Act, which is designed to spur
$100 million in capital investments in rural businesses in the state. Investors may redeem up to
$15 million in tax credits annually for four years (for a total of $60 million tax credits) against
their corporate income tax and premium tax liabilities.10 While Georgia’s tax credit program
incentivizes investment rural businesses instead of manufacturing businesses, the program’s
2
Department of Economic Opportunity, 2019-2020 Incentives Report, 49, available at https://floridajobs.org/docs/default-
source/reports-and-legislation/2019-2020-annual-incentives-report-final.pdf?sfvrsn=af674ab0_2 (last visited Mar. 12, 2021).
3
Sections 212.098, and 220.1895, F.S.
4
Section 212.098(6)(d), F.S.
5
Supra note 5, at 18.
6
Sections 288.991-.9922, F.S.
7
Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development Incentive
Programs, 32-36 (Mar. 2017), available at
http://edr.state.fl.us/content/returnoninvestment/ROISELECTPROGRAMS2017final.pdf (last visited Mar. 12, 2021).
8
Section 288.9914(3)(c), F.S.
9
Florida Dep’t of Economic Opportunity, 2017 Incentives Report, 11 available at http://www.floridajobs.org/docs/default-
source/reports-and-legislation/2017-annual-incentives-report.pdf?sfvrsn=4 (last visited Mar. 12, 2021).
10
Ga. Code Annotated s. 33-1-25, et seq. (2017).
BILL: SB 1444 Page 3
structure is similar to that of the proposed bill. Similar legislation directed towards other
industries has been proposed in several other states, including Kentucky11 and Washington.12
Additionally, the federal New Markets Tax Credit Program is structurally similar to the program
created by the bill. The federal program, which offers investors a credit against the federal
income tax in exchange for making equity investments in Community Development Entities
(CDEs), was extended through 2025 with a $5 billion annual appropriation under the 2021
Consolidated Appropriations Act.13 Several CDEs are actively financing businesses in Florida
under the federal program.14
III. Effect of Proposed Changes:
The bill creates s. 288.715, F.S., the Florida Small Manufacturing Business Recovery Act, to be
administered by the Department of Economic Opportunity (DEO). The bill uses tax credits
against the state insurance premium tax to incentivize investors to give funds, known as “relief
contributions,” to certified relief funds that, in turn, will make capital or equity investments, or
loans with a maturity date of at least 2 years, in an impact business. The total relief investment
authorities are capped at $100 million and relief contributions are capped at $80 million.
An impact business is one that:
Has fewer than 200 employees;
Has its principal business operations in Florida. A business has its principal business
operations in the state if at least 60 percent of the business’s employees are Florida residents,
at least 80 percent of the business’s payroll is paid to Florida residents, or the business has
agreed to use the proceeds of a relief investment to relocate at least 60 percent of the
business’s employees to Florida or pay at least 80 percent of the business’s payroll to Florida
residents; and
Is engaged in manufacturing under NAICS code 31-33. A business not engaged in
manufacturing is considered an impact business under the bill if the DEO has determined that
an investment in such a business will benefit the state’s recovery.
Tax Credit Application, Approval, and Allocation
Beginning August 1, 2021, the DEO must accept applications for certification of relief funds and
relief contributions. Applications must include:
The total relief investment authority15 sought by the applicant, 80 percent of which must
consist of relief contributions;
11
Kentucky House Bill 203 (2019), https://apps.legislature.ky.gov/record/19rs/hb203.html (last visited Mar. 12, 2021).
12
Doug Farquhar, Jump-Starting Rural Economies (Apr. 2018), available at http://www.ncsl.org/research/environment-and-
natural-resources/jump-starting-rural-economies.aspx (last visited Mar. 12, 2021).
13
Consolidated Appropriations Act, H.R. 133, 116th Cong. (2020).
14
United States Department of the Treasury, New Markets Tax Credit Qualified Equity Investment Report (March 2021),
available at https://www.cdfifund.gov/sites/cdfi/files/2021-03/NMTC%20QEI%20Issuance%20Report-March%202021.pdf
(last visited Mar. 12, 2021).
15
“Relief investment authority” means the amount stated on the notice issued by DEO certifying a relief fund.
BILL: SB 1444 Page 4
Evidence that an applicant or an affiliate of the applicant is licensed as a rural or small
business investment company;16
Evidence that at least one principal of the rural or small business investment company is, and
has been for at least 4 years, an officer, employee, or affiliate of the applicant on the date the
application is submitted;
Evidence that the applicant and its affiliates have invested more than $500 million in small
businesses, regardless of whether the principal businesses operations of the small business
are in the state; and
A signed affidavit from each investor stating that the investor agrees to make a relief
contribution,17 and the amount of the relief contribution.
The DEO must approve or deny an application within 30 days of its receipt. The DEO must deny
an application if:
The application is incomplete, including failing to submit the affidavits accounting for at
least 80 percent of the relief investment authority sought;
The application does not include evidence proving the relief fund is eligible for certification;
or
The DEO has already approved the maximum total relief investment authority and relief
contributions.
The total relief investment authority is capped at $100 million and relief contributions are capped
at $80 million.
The DEO must issue a written notice to an approved applicant certifying the applicant as a relief
fund and specifying the applicant’s amount of relief fund authority. If the DEO denies an
application for any reason other than the aforementioned reasons, the DEO must notify the
applicant and allow the applicant to cure defects in the application within 15 days of receipt of
the notice of denial.
The DEO may not reduce a relief fund’s requested relief investment authority unless such an
allocation would cause the DEO to exceed the relief investment authority and relief contribution
limits. If the DEO approves applications received on the same day with relief investment
authority and relief contribution amounts that would collectively exceed the limits specified by
the bill, the DEO must approve both applicants but proportionally reduce the authority and
contribution for each approved application as necessary to avoid exceeding the limit.
Additionally, the DEO may not approve any applications submitted after a denied application
until the previously denied application has been cured and reconsidered if the approval of the
subsequent application would result in exceeding the dollar limitations on relief investment
authority or relief contributions.
16
See 7 U.S.C. s. 2009cc and 15 U.S.C. s. 681.
17
“Relief contribution” means a cash investment in a relief fund which equals the amount specified on a notice of tax credit
allocation issued by the DEO after certification. The investments must purchase an equity interest in the relief fund or a debt
instrument issued by the relief fund.
BILL: SB 1444 Page 5
Within 30 days of certification, a relief fund must collect the relief contributions from each
investor whose affidavit was included in the application, and collect direct or indirect equity
investments from affiliates of the fund equal to at least 10 percent of the relief fund’s investment
authority. A relief fund must send to the DEO proof of collecting such contributions and
investments within 35 days of certification. If a relief fund fails to send such documentation, the
DEO must revoke the fund’s certification.
Upon a relief fund’s satisfaction of the aforementioned collection and documentation
requirements, the DEO must issue a notice of the amount and utilization schedule of the tax
credit certificates allocated to each investor or affiliate as a result of their relief contributions.
Only the first $3.5 million of a relief fund’s investment in any one impact business may be
considered a relief investment; a relief investment in an affiliate of an impact business is
considered a relief investment in that impact business.
Tax Credits
An investor that made a relief contribution is vested with a nonrefundable tax credit against state
premium taxes, which is transferable to any person that pays premium taxes in the state.
On the closing date,18 an investor who made a relief contribution is eligible for a tax credit equal
to the amount specified in the notice sent by the DEO. The DEO will issue investors a tax credit
for one-fifth of their relief contributions on the anniversary of the relief fund’s closing date every
year for 5 years, beginning in 2023. If the tax credit received in one year exceeds the taxes owed
for that year, the unused credits may be carried forward for use; a retaliatory tax may not be
assessed for using the tax credit. Anyone receiving a tax credit must include a copy of the tax
credit certificate when submitting an annual statement for each year the credit is claimed.
Revocation of Tax Credit Certificates and Exit from the Program
The DEO may not issue a tax credit to a relief fund that does not invest at least 70 percent of its
relief investment authority in relief investments within 1 year of the closing date or 100 percent
of its authority within 2 years of the closing date. A relief investment is any capital or equity
investment19 in or loan20 to an impact business with a maturity of at least 2 years after the date of
issuance.
The DEO must revoke a relief fund’s tax credit certificate if the relief fund:
Makes a distribution in excess of the cumulative investment earnings of the relief fund,
taking into account all past distributions, before satisfying the investment level requirements
listed above;
18
The closing date is the date on which a relief fund has collected the relief funds from each investor whose affidavit was
included in the fund’s application and the direct or indirect equity investments from affiliates of the relief fund.
19
An equity investment is a relief investment only if the relief fund does not acquire a majority interest in the small business
as a result of the investment.
20
A secured loan is a relief investment only if it has an initial interest rate of less than 2 percent or principal and interest
payments deferred for at least 1 year. Subordinate loans must have an initial interest rate of 6 percent and interest payments
deferred for at least 1 year.
BILL: SB 1444 Page 6
Fails to maintain the required investment levels through the fifth anniversary of the closing
date;21 or
Makes a distribution that results in the fund having less than 100 percent of its authority
invested in other relief investments or held in cash or marketable securities available for
relief investments, after satisfying the original investment level requirements but before
decertification of the relief fund.
The DEO must notify a relief fund of the reasons for revocation before revoking the tax credit
certificate, and the DEO may not revoke a certificate if a relief fund corrects the reasons for
revocation within 30 days of receiving notice.
A relief fund that has invested all of its relief investment authority in relief investments may
apply to the DEO to be decertified on or after the sixth anniversary of the fund’s closing date.
The DEO must respond and not unreasonably deny an application for decertification within 60
days of receipt; a relief fund is eligible for decertification if it has not had its tax credit certificate
revoked. The DEO must send notice of its decision to approve or deny an application for
decertification, including, if necessary, any reasons for denial.
The DEO may not revoke a tax credit certificate in response to any action a relief fund takes after
decertification. However, a decertified relief fund’s tax credit certificate may be revoked as a
result of actions taken while a fund was certified, even if the actions are discovered after the fund
has been decertified.
The relief investment authority and relief contributions of a relief fund whose tax credit
certificate has been revoked do not count towards the $100 million limit and $80 million limit on
relief investment authorities and relief contributions, respectively, that the DEO is authorized to
approve. Relief investment authority and relief contribution amounts from such a fund will be
awarded pro rata to relief funds whose investment relief authorities were reduced in order to not
exceed the total relief investment authority the DEO may approve. Relief investment authority
remaining may be awarded to new applicants.
Reporting Requirements
Each relief fund must submit a report to the DEO on or before April 1 of each year, including the
closing date year, until the calendar year after the relief fund is decertified. In addition to an
itemization of the relief fund’s investments, reports must also include:
A bank statement evidencing each relief investment;
The name, location, and industry class of each impact business that received a relief
investment and evidence that the business qualified as an impact business at the time of the
investment;
The jobs created and retained as a result of each relief investment; and
Any other information required by the DEO.
21
An investment that is sold or repaid is considered to be maintained if the relief fund reinvests an amount equal to the repaid
or sold investment into other relief investments in Florida within 1 year of receipt of such funds.
BILL: SB 1444 Page 7
Relief funds must also submit a report to the DEO on or before the fifth business day after the
first and second anniversaries of the closing date that provides documentation proving that the
relief fund has met the investment thresholds required and has not violated any other revocation
provisions.
Miscellaneous
A relief fund may request the DEO to issue a written opinion advising whether a business
qualifies as an impact business; if the DEO does not respond within 10 days, the business is
deemed an impact business or small business.
The bill grants the DEO rulemaking authority to implement the program.
The bill takes effect July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
BILL: SB 1444 Page 8
C. Government Sector Impact:
The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.
The DEO may incur administrative costs to implement and operate the program.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 288.715 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 SB 1444 Florida Senate - 2021 SB 1444
By Senator Wright
14-01583-21 20211444__ 14-01583-21 20211444__
1 A bill to be entitled 30 tax credit certificates issued by the department;
2 An act relating to the Florida Small Manufacturing 31 providing restrictions on the credit; requiring
3 Business Recovery Act; creating s. 288.715, F.S.; 32 taxpayers to submit a copy of the tax credit
4 providing a short title; defining terms; requiring the 33 certificate with the taxpayers’ annual statements;
5 Department of Economic Opportunity to accept 34 authorizing the department to revoke tax credit
6 applications for certification of relief funds and 35 certificates under certain circumstances; prohibiting
7 relief contributions in a specified manner; specifying 36 certain amounts invested in impact businesses from
8 information required to be submitted in an 37 being counted as a relief investment; authorizing
9 application; requiring the department to approve or 38 certain relief funds to apply to the department to be
10 deny applications within a specified timeframe; 39 decertified; providing procedures for decertification;
11 prohibiting the department from approving more than a 40 authorizing a relief fund to request certain opinions
12 specified amount of relief investment authority and 41 from the department; requiring relief funds to submit
13 relief contributions; requiring the department to deny 42 specified reports to the department; authorizing the
14 applications under certain circumstances; requiring 43 department to adopt rules; providing an effective
15 the department to provide notice of approval or denial 44 date.
16 to applicants; requiring the department to certify 45
17 approved applications; authorizing applicants whose 46 Be It Enacted by the Legislature of the State of Florida:
18 applications were denied to provide additional 47
19 information within a certain timeframe to cure defects 48 Section 1. Section 288.715, Florida Statutes, is created to
20 in their applications; requiring the department to 49 read:
21 reconsider such applications; requiring certified 50 288.715 The Florida Small Manufacturing Business Recovery
22 relief funds to collect contributions and investments 51 Act.—
23 and submit certain documentation within a specified 52 (1) This section may be cited as the “Florida Small
24 timeframe; requiring the department to revoke relief 53 Manufacturing Business Recovery Act.”
25 funds’ certification under certain circumstances; 54 (2) As used in this section, the term:
26 requiring the department to give notice relating to 55 (a) “Affiliate” means a person that directly, or indirectly
27 tax credit certificates; providing requirements 56 through one or more intermediaries, controls, is controlled by,
28 relating to lapsed or revoked investment authority; 57 or is under common control with another person. For the purposes
29 authorizing nonrefundable tax credits for owners of 58 of this paragraph, a person is “controlled by” another person if
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59 the controlling person holds, directly or indirectly, the 88 credit allocation issued by the department under paragraph
60 majority voting or ownership interest in the controlled person 89 (3)(h). The investment must purchase an equity interest in the
61 or has control over the day-to-day operations of the controlled 90 relief fund or purchases, at par value or premium, a debt
62 person by contract or by law. 91 instrument issued by the relief fund which has an original
63 (b) “Closing date” means the date on which a relief fund 92 maturity date of at least 5 years after the date of issuance and
64 has collected the amounts specified in paragraph (3)(f). 93 a repayment schedule that is no greater than level principal
65 (c) “Department” means the Department of Economic 94 amortization over 5 years.
66 Opportunity. 95 (g) “Relief fund” means an entity certified by the
67 (d) “Impact business” means a business that, at the time of 96 department under paragraph (3)(e).
68 the initial relief investment by a relief fund: 97 (h) “Relief investment” means any capital or equity
69 1. Has fewer than 200 employees; 98 investment in an impact business or any loan to an impact
70 2. Has its principal business operations in this state; and 99 business which has a stated maturity at least 2 years after the
71 3. Is engaged in the North American Industry Classification 100 date of issuance. A secured loan is a relief investment only if
72 System codes 31-33 or, if not engaged in such industries, the 101 it has an initial interest rate of less than 2 percent or
73 department determines that an investment in the business will be 102 principal and interest payments deferred for at least 1 year. A
74 beneficial to this state’s recovery. 103 subordinate loan is a relief investment only if it has an
75 104 initial interest rate of less than 6 percent or principal and
76 For the purposes of this paragraph, a business has its principal 105 interest payments deferred for at least 1 year. An equity
77 business operations in this state if at least 60 percent of the 106 investment is a relief investment only if the relief fund does
78 business’ employees reside in this state, at least 80 percent of 107 not acquire a majority interest in the small business as a
79 the business’ payroll is paid to individuals who reside in this 108 result of such investment. The term “relief investment” does not
80 state, or the business has agreed to use the proceeds of a 109 include any transaction that includes an origination fee.
81 relief investment to relocate at least 60 percent of the 110 (i) “Relief investment authority” means the amount stated
82 business’ employees to this state or pay at least 80 percent of 111 on the notice issued under paragraph (3)(e) certifying the
83 the business’ payroll to individuals residing in this state. 112 relief fund. Eighty percent of a relief fund’s relief investment
84 (e) “Premium taxes” means taxes imposed under s. 624.509 or 113 authority must consist of relief contributions.
85 s. 624.5091. 114 (j) “Small business” means any business that has its
86 (f) “Relief contribution” means a cash investment in a 115 principal business operations in this state, as described in
87 relief fund which equals the amount specified on a notice of tax 116 paragraph (d), and which, at the time the initial relief
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117 investment is made, has fewer than 250 employees or the number 146 (b)1. Except as provided in subparagraph 2., the department
118 of employees set forth for the business’ North American Industry 147 shall approve or deny an application within 30 days after
119 Classification System code under 13 C.F.R. s. 121.201, whichever 148 receiving the application. The department shall deem
120 is greater. 149 applications received on the same day as having been received
121 (3)(a) Beginning August 1, 2021, the department shall 150 simultaneously. The department may not approve more than $100
122 accept applications for certification of relief funds and relief 151 million in relief investment authority and may not approve more
123 contributions. The application must include: 152 than $80 million in relief contributions. If approving
124 1. The total relief investment authority sought by the 153 simultaneously submitted applications would result in exceeding
125 applicant; 154 these limits, the department shall proportionally reduce the
126 2. Evidence that proves, to the satisfaction of the 155 relief investment authority and the relief contributions for
127 department, that: 156 each approved application as necessary to avoid exceeding the
128 a. The applicant or an affiliate of the applicant is a 157 limit.
129 federally approved or licensed rural business investment company 158 2. If the department denies an application for
130 under 7 U.S.C. s. 2009cc or a small business investment company 159 certification as a relief fund, and approving a subsequently
131 under 15 U.S.C. s. 681. The applicant must include a certificate 160 submitted application would result in exceeding the dollar
132 executed by an executive officer of the applicant attesting that 161 limitation on relief investment authority or relief
133 the approval or license remains in effect and has not been 162 contributions, assuming the previously denied application was
134 revoked; 163 completed, clarified, or cured under subparagraph (e)2., the
135 b. At least one principal or similar officer of such entity 164 agency may not make a determination on the subsequently
136 is, and has been for at least 4 years, an officer or employee of 165 submitted application until the previously denied application is
137 the applicant or an affiliate of the applicant on the date the 166 reconsidered or the 15-day period for submitting additional
138 application is submitted; and 167 information regarding that application has passed, whichever
139 c. As of the date the application is submitted, the 168 occurs first.
140 applicant and its affiliates have invested more than $500 169 (c) The department must deny an application if:
141 million in small businesses, regardless of whether the principal 170 1. The application is incomplete, including failing to
142 business operations of the small business are in this state; and 171 submit the affidavits accounting for at least 80 percent of the
143 3. A signed affidavit from each investor stating that the 172 relief investment authority sought;
144 investor agrees to make a relief contribution and the amount of 173 2. The applicant does not satisfy the requirements of
145 the relief contribution. 174 subparagraph (a)2.; or
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175 3. The department has already approved the maximum total 204 paragraph (e), a relief fund must send documentation to the
176 relief investment authority and relief contributions authorized 205 department which proves the relief fund has collected the
177 under subparagraph (b)1. 206 amounts required under paragraph (f). If the relief fund fails
178 (d) The department may not deny a relief fund application 207 to comply with this paragraph, the department shall revoke the
179 or reduce the requested relief investment authority for reasons 208 relief fund’s certification.
180 other than those described in paragraphs (b) and (c). 209 (h) After a relief fund satisfies the requirement under
181 (e)1. If the department approves an application, the 210 paragraph (g), the department shall issue to each investor or
182 department must issue a written notice to the applicant 211 affiliate identified under paragraph (g) a notice of the amount
183 certifying the applicant as a relief fund and specifying the 212 and utilization schedule of the tax credit certificates
184 applicant’s amount of relief investment authority. 213 allocated to the investor or affiliate as a result of the
185 2. If the department denies an application, the department 214 investor or affiliate’s relief contribution.
186 must notify the applicant of the reasons for denial. If the 215 (i) If a relief fund’s certification is revoked under
187 application was denied for any reason other than a reason 216 paragraph (g) or the relief fund has tax credits revoked under
188 specified in paragraph (c) or because the applicant failed to 217 paragraph (5)(b), the corresponding relief investment authority
189 satisfy subparagraph (a)3., the applicant may submit additional 218 and relief contributions do not count toward limits on total
190 information to the agency to cure defects in the application 219 relief investment authority and relief contributions authorized
191 within 15 days after receipt of the notice of denial. The 220 under paragraph (b). The department shall first award lapsed or
192 department must reconsider such application within 15 days after 221 revoked relief investment authority and the corresponding relief
193 receiving any additional information and, if the application is 222 contributions pro rata to each relief fund awarded less than the
194 approved, treat it as approved as of its original filing date. 223 relief investment authority for which it applied pursuant to
195 (f) Within 30 days after receiving a certification under 224 subparagraph (b)1. The department may award any remaining relief
196 paragraph (e), a relief fund must: 225 investment authority to new applicants.
197 1. Collect the relief contributions from each investor 226 (4)(a) A nonrefundable tax credit certificate is authorized
198 whose affidavit was included in the application; and 227 for owners of tax credit certificates issued by the department
199 2. Collect direct or indirect equity investments from 228 under paragraph (b). The credit may be claimed against premium
200 affiliates of the relief fund, including employees, officers, 229 taxes and is transferable to any person that pays premium taxes
201 and directors of such affiliates, equal to at least 10 percent 230 in this state.
202 of the relief fund’s investment authority. 231 (b) On the closing date, a taxpayer that made a relief
203 (g) Within 35 days after receiving certification under 232 contribution is eligible for a credit equal to the amount
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233 specified in the notice issued under paragraph (3)(h). On or 262 repaid, so long as the relief fund reinvests an amount equal to
234 before the anniversaries of the closing date occurring in 2023, 263 the capital returned or recovered from the original investment,
235 2024, 2025, 2026, and 2027, the department shall issue a tax 264 exclusive of any profits realized, in other relief investments
236 credit certificate equal to one-fifth of the relief 265 in this state within 1 year of the receipt of such capital.
237 contributions allocated to the taxpayer. 266 Regularly scheduled principal payments on a loan that is a
238 (c) Any amount of credits which exceeds the tax otherwise 267 relief investment are deemed continuously invested in a relief
239 due for that year may be carried forward for any ensuing taxable 268 investment if the amounts are reinvested in one or more relief
240 years. An additional retaliatory tax may not be required as a 269 investments by the end of the following calendar year; or
241 result of using the credit. A taxpayer claiming a credit under 270 3. After satisfying paragraph (a) and before the relief
242 this section shall submit a copy of the tax credit certificate 271 fund is decertified pursuant to paragraph (d), the relief fund
243 with the taxpayer’s annual statement for each taxable year in 272 makes a distribution or payment that results in the relief fund
244 which the credit is claimed. 273 having less than 100 percent of its relief investment authority
245 (5)(a) The department is not required to issue a tax credit 274 invested in relief investments or held in cash or marketable
246 certificate to a relief fund that does not invest at least 70 275 securities available for investment in relief investments.
247 percent of its relief investment authority in relief investments 276
248 within 1 year after the closing date or 100 percent of its 277 The department must notify the relief fund of the reasons for
249 relief investment authority in relief investments within 2 years 278 revocation before revoking tax credit certificates pursuant to
250 after the closing date. 279 this paragraph. If, within 30 days after the department sends
251 (b) The department may revoke tax credit certificates 280 such notice, the relief fund corrects the reasons given in the
252 issued pursuant to subsection (4) if: 281 notice to the satisfaction of the department, the department may
253 1. Before satisfying paragraph (a), the relief fund makes a 282 not revoke the tax credit certificates.
254 distribution or payment in excess of the cumulative investment 283 (c) The amount by which one or more relief investments by a
255 earnings of the relief fund as of the date of the distribution 284 relief fund in the same impact business exceeds $3.5 million may
256 or payment, taking into account all past distributions and 285 not be counted as a relief investment for the purposes of this
257 payments; 286 section, exclusive of capital repaid or redeemed by such small
258 2. After satisfying paragraph (a), the relief fund fails to 287 business and reinvested as a relief investment in such small
259 maintain those levels of investment until the fifth anniversary 288 business. A relief investment in an affiliate of an impact
260 of the closing date. For the purposes of this subparagraph, an 289 business shall be treated as a relief investment in that impact
261 investment is maintained even if the investment is sold or 290 business for the purposes of this paragraph.
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291 (d)1. On or after the sixth anniversary of the closing 320 closing date year, until the calendar year after the relief fund
292 date, a relief fund that has invested 100 percent of its relief 321 is decertified. The report must provide an itemization of the
293 investment authority in relief investments may apply to the 322 relief fund’s relief investments and must include the following
294 department to be decertified as a relief fund. The department 323 documents and information:
295 shall respond to and not unreasonably deny the application 324 1. A bank statement evidencing each relief investment;
296 within 60 days after receiving the application. In evaluating 325 2. The name, location, and industry class of each impact
297 the application, the fact that no tax credit certificates have 326 business that received a relief investment from the relief fund
298 been revoked with respect to the relief fund shall be evidence 327 and evidence that the business qualified as an impact business
299 to prove that the relief fund is eligible for decertification. 328 at the time the investment was made, if applicable;
300 2. The department shall send notice to the relief fund of 329 3. The jobs created and retained as a result of each relief
301 its determination with respect to decertification and reasons 330 investment; and
302 for denial, if applicable. 331 4. Any other information required by the department.
303 3. The department may not revoke a tax credit certificate 332 (b) Each relief fund shall submit a report to the
304 due to any actions of a relief fund which occur after 333 department on or before the fifth business day after the first
305 decertification, but the department may revoke tax credit 334 and second anniversaries of the closing date which provides
306 certificates due to the actions of a relief fund which occur 335 documentation to prove that the relief fund has met the
307 before decertification even if such actions are discovered after 336 investment thresholds required in paragraph (5)(a) and has not
308 the date of decertification. 337 violated any of the other revocation provisions described in
309 (e) A relief fund may request a written opinion from the 338 paragraph (5)(b).
310 department as to whether a business qualifies as an impact 339 (7) The department may adopt rules to implement this
311 business. The department shall issue a written opinion to the 340 section.
312 relief fund within 10 business days after receiving such a 341 Section 2. This act shall take effect July 1, 2021.
313 request. If the department determines that the business
314 qualifies as an impact business or if the department fails to
315 timely issue the written opinion, the business shall be
316 considered a small business or impact business for the purposes
317 of this section.
318 (6)(a) Each relief fund shall submit a report to the
319 department on or before April 1 of each year, including the
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SM 1544
INTRODUCER: Senator Pizzo
SUBJECT: Free Trade Agreement/United States and United Kingdom
DATE: March 12, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Vigrass McKay CM Favorable
2. RC
I. Summary:
SM 1544 commends Congress for granting Trade Promotion Authority (TPA) to the executive
branch. The memorial also encourages the executive branch to negotiate a comprehensive and
mutually beneficial free trade agreement between the United States and the United Kingdom, and
encourages Congress to ratify such an agreement.
Legislative memorials are not subject to the Governor’s veto power and are not presented to the
Governor for review. Memorials have no force of law, as they are mechanisms for formally
petitioning the federal government to act on a particular subject.
II. Present Situation:
Trade Promotion Authority
Although the President has the authority to negotiate treaties with foreign countries, Congress
has the sole authority to regulate international trade.1
Since 1974, Congress has enacted TPA legislation that defines U.S. negotiating objectives and
priorities for trade agreements and establishes consultation and notification requirements for the
President to follow throughout the negotiation process.2 TPA does not provide new power to the
executive branch, but rather, TPA is a legislative procedure through which Congress defines U.S.
negotiating objectives and details an oversight process to be used during trade negotiations.3
1
U.S. CONST. art. 1, s.8
2
Office of the United States Trade Representative, Trade Promotion Authority, available at https://ustr.gov/trade-
topics/trade-promotion-authority (last visited Mar. 12, 2021).
3
Id.
BILL: SM 1544 Page 2
TPA is only extended for limited periods, so Congress periodically reconsiders legislation to
extend it and to outline future negotiation objectives.4
Free Trade Agreements
A Free Trade Agreement is an agreement between two or more countries where the parties
involved agree on certain trade obligations for the purpose of reducing barriers and providing a
more stable and transparent trading environment. It also allows an easier process for U.S.
companies to export products or services to partner markets.5 All U.S. Free Trade Agreements
(FTAs), except the agreement with Jordan, were considered in Congress under TPA.6
The U.S. currently has FTAs with 20 countries. The current U.S. FTA partner countries include:
Australia; Bahrain; Canada; Chile; Colombia; Costa Rica; Dominican Republic; El Salvador;
Guatemala; Honduras; Israel; Jordan; Korea; Mexico; Morocco; Nicaragua; Oman; Panama;
Peru; and Singapore.7 In 2020, the U.S., Mexico, and Canada renegotiated the North American
Free Trade Agreement and entered into force the United States-Mexico-Canada Agreement on
July 1, 2020.8
US and UK Trade Negotiations
In July of 2017, the U.S. – UK Trade and Investment Working Group was established to provide
commercial progress for the UK and U.S. businesses, workers, and consumers to prepare for the
UK’s withdrawal from the European Union. On May 5, 2020, the U.S. and UK announced the
formal launch of trade agreement negotiations.9
The U.S. and the UK are each other’s largest source of foreign direct investment, with about $1
trillion invested in each other’s economies and over $250 billion a year in total two-way trade.10
More than 1.25 million U.S. workers are employed by British companies in the U.S., and over
1.5 million Britons are employed by U.S. affiliates. Additionally, the UK is the United States’ 7th
largest trading partner and the 5th largest export destination for U.S. goods and services.11
4
Id.
5
International Trade Administration, U.S. Free Trade Agreements, available at https://2016.export.gov/FTA/index.asp (last
visited Mar. 12, 2021).
6
Congressional Research Service, Major Votes on Free Trade Agreements and Trade Promotion Authority (July 22, 2020),
available at https://fas.org/sgp/crs/row/R45846.pdf (last visited Mar. 12, 2021).
7
Office of the United States Trade Representative, Free Trade Agreements, available at https://ustr.gov/trade-
agreements/free-trade-agreements (last visited Mar. 12, 2021).
8
Office of the United States Trade Representative, United States-Mexico-Canada Agreement, available at
https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement (last visited Mar. 12, 2021).
9
Office of the United States Trade Representative, U.S.-UK Trade Agreement Negotiations, available at
https://ustr.gov/countries-regions/europe-middle-east/europe/united-kingdom/us-uk-trade-agreement-negotiations (last visited
Mar. 12, 2021).
10
Office of the United States Trade Representative, Joint Statement of USTR Robert Lighthizer and UK Secretary of State for
International Trade Elizabeth Truss (May 5, 2020), available at https://ustr.gov/about-us/policy-offices/press-office/press-
releases/2020/may/joint-statement-ustr-robert-lighthizer-and-uk-secretary-state-international-trade-elizabeth-truss (last
visited Mar. 12, 2021).
11
U.S. Chamber of Commerce, U.S.-UK Trade and Investment Ties, available at
https://www.uschamber.com/international/europe/us-uk-business-council/us-uk-trade-and-investment-ties (last visited Mar.
12, 2021).
BILL: SM 1544 Page 3
Current Trade Agreements
As part of the U.S. – UK Trade and Investment Working Group, the U.S. and the UK have
signed agreements on specific products that were covered by existing agreements the U.S.
maintains with the EU.12 These agreements between the U.S. and UK were entered into force on
December 31, 2020, to ensure that there was no disruption in trade for specific products between
the U.S. and UK. These new agreements include U.S. – UK Agreement on Trade in Wine; U.S. –
UK Agreement on Mutual Recognition of Certain Distilled Spirits/Spirits Drinks; Agreement on
Mutual Recognition; and Agreement on the Mutual Recognition of Certificates of Conformity
for Marine Equipment.13
As of January 1, 2021, EU Trade Agreements no longer apply to the UK. The UK has sought to
replicate the effects of previous trade agreements to ensure continuity for UK business.14 In
2018, the Trump Administration notified Congress, under TPA, of its intent to enter
comprehensive FTA negotiations with the UK. The U.S. and UK conducted five rounds of
negotiations in 2020, with negotiations pending over outstanding issues.15 To be considered
under the current TPA, an agreement must be concluded by July 1, 2021.16
III. Effect of Proposed Changes:
SM 1544 commends Congress for granting TPA to the executive branch. The memorial also
encourages the executive branch to negotiate a comprehensive and mutually beneficial free trade
agreement between the U.S. and UK, and encourages Congress to ratify such an agreement.
Copies of this memorial will be dispatched to the President of the United States, the President of
the United States Senate, the Speaker of the United States House of Representatives, and each
member of the Florida delegation to the United States Congress.
Legislative memorials are not subject to the Governor’s veto power and are not presented to the
Governor for review. Memorials have no force of law, as they are mechanisms for formally
petitioning the federal government to act on a particular subject.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
12
These existing agreements have covered trade with the UK by virtue of the UK’s membership in the EU. See Office of the
United States Trade Representative, U.S.-UK Trade Agreement Negotiations, available at https://ustr.gov/countries-
regions/europe-middle-east/europe/united-kingdom/us-uk-trade-agreement-negotiations (last visited Mar. 12, 2021)
13
Id.
14
Gov.UK, UK trade agreements with non-EU countries, available at https://www.gov.uk/guidance/uk-trade-agreements-
with-non-eu-countries (last visited Mar. 12, 2021).
15
Congressional Research Service, Brexit and Outlook for US-UK Free Trade Agreement (Jan. 14, 2021), available at
https://fas.org/sgp/crs/row/IF11123.pdf (last visited Mar. 12, 2021).
16
Id.
BILL: SM 1544 Page 4
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
BILL: SM 1544 Page 5
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 SM 1544 Florida Senate - 2021 SM 1544
By Senator Pizzo
38-01882-21 20211544__ 38-01882-21 20211544__
1 Senate Memorial 30 WHEREAS, the successful implementation of a free trade
2 A memorial to the Congress of the United States and 31 agreement will increase exports to the United Kingdom from this
3 the President of the United States commending Congress 32 state, and
4 for granting trade promotion authority to the 33 WHEREAS, the United States Constitution grants the United
5 executive branch, urging the executive branch to 34 States Congress exclusive authority to regulate commerce with
6 negotiate a comprehensive and mutually beneficial free 35 foreign nations, and
7 trade agreement between the United States and the 36 WHEREAS, the negotiation of a successful free trade
8 United Kingdom, and urging Congress to ratify such 37 agreement between the United States and the United Kingdom will
9 agreement. 38 require bipartisan cooperation between state, federal, and
10 39 foreign governments, NOW, THEREFORE,
11 WHEREAS, the United States is the United Kingdom’s largest 40
12 single-country trade partner, with a relationship valued at more 41 Be It Resolved by the Senate of the State of Florida:
13 than $200 billion; both countries are each other’s largest 42
14 foreign direct investors, having approximately $1 trillion 43 That the Congress of the United States is commended for
15 invested in each other’s economies; and the UK-US Trade and 44 granting trade promotion authority to the executive branch, the
16 Investment Working Group has been laying the groundwork to 45 executive branch is urged to complete a timely and successful
17 strengthen trade and investment ties for the present and in the 46 negotiation of a comprehensive and mutually beneficial free
18 future, including through the use of a free trade agreement, and 47 trade agreement between the United States and the United
19 WHEREAS, expansion of global trade, especially with the 48 Kingdom, and the Congress of the United States is urged to
20 United Kingdom, is of vital importance to the growth of the 49 ratify such agreement.
21 United States’ economy, small business participation in the 50 BE IT FURTHER RESOLVED that the Secretary of State dispatch
22 international marketplace, and job creation, and 51 copies of this memorial to the President of the United States,
23 WHEREAS, this state would benefit greatly from the 52 to the President of the United States Senate, to the Speaker of
24 ratification of a comprehensive free trade agreement, which, 53 the United States House of Representatives, and to each member
25 since the United Kingdom is currently the largest foreign direct 54 of the Florida delegation to the United States Congress.
26 employer in this state and is the second largest market for
27 tourism, would create employment opportunities for residents of
28 this state as a direct result of reducing and removing barriers
29 to trade and free markets, and
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The Florida Senate
Committee Agenda Request
To: Senator Ed Hooper, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 8, 2021
I respectfully request that Senate Bill #2004, relating to Broadband Internet, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Danny Burgess
Florida Senate, District 20
File signed original with committee office S-020 (03/2004)
YOU MUST PRINT AND DELIVER THIS FOR TO THE ASSIGNED TESTIMONY ROOM
The Florida Senate
15 Mar 21 APPEARANCE RECORD 2004
Meeting Date Bill Number (if applicable)
Topic Broadband Internet Amendment Barcode (if applicable)
Name ames Mosteller
Job Title Advocacy Associate
A dress 215 S. Monroe Street, Suite 420 Phone 8507273712
Street
Tallahassee FL 32301 Email Jarnes@afloridapromise.org
City State Zip
Speaking: For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing The Foundation for Florida's Future
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record fo this meeting. S-001 (10/14/14)
YOU MUST PRINT A D DELIVE THIS FOR TO THE ASSIGNED TESTIMONY ROO Duplicate
The Florida Senate
Meeting Date
appearance record
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
Job Title
Address
Street
City E ail
tate Zip
Speaking: For Against Information Waive Speaking: In Support Against
% Q 6 Chair wil{ read s information into the record.)]
Representing
Appearing at request of Chair Yes o uuuuyibi
|nu Lobbyist registeredwith
regisierea with Legislature:
egislature1 UYesI
Yes ||No
This form is part of the public reco d for this meeting.
S-001 (10/14/14)
The Florida Senate
) APPEA ANCE RECORD
(Dfeliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the eeting)
Meeting Da Bill Number (if applicable)
Topic N Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Stret
mail
City State Zip
Speaking: For r~| A ainst Information Waive Speaking: In Support | [Ag inst
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes Lobbyist registered with Legislature: | | Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 2004
INTRODUCER: Commerce and Tourism Committee and Senator Burgess
SUBJECT: Broadband Internet
DATE: March 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McKay CM Fav/CS
2. CA
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 2004 requires the Office of Broadband (Office) within the Department of Economic
Opportunity to address additional areas in its strategic plan. Specifically, the Office must develop
short-term and long-term goals and strategies to increase the availability of and access to
broadband Internet service in Florida; incorporate federal broadband activities that may improve
Florida’s broadband Internet service; and identify available federal funding for the expansion or
improvement of broadband Internet service. The bill requires the Office to complete and submit
its strategic plan by June 30, 2022.
Additionally, the bill requires the Office to provide technical and planning assistance to Florida’s
rural communities’ broadband Internet infrastructure projects.
The bill provides an appropriation of $1.4 million in nonrecurring funds for the fiscal year 2021-
2022.
BILL: CS/SB 2004 Page 2
II. Present Situation:
Broadband Internet Deployment
Fixed and mobile broadband Internet services provide access to numerous employment,
education, entertainment, and health care opportunities.1 Access to a sufficient internet
connection has only grown more important during the COVID-19 pandemic, which requires
many Americans to connect to their family and friends, schooling, work, and even medical
appointments over the internet.2 While Florida’s urban areas are served at a fixed broadband
coverage rate of 98 percent, its rural areas are served at a rate of 78.6 percent.3 This disparity is
caused primarily by high per-unit construction costs required to build broadband infrastructure
across larger swaths of rural geographic areas.4 Communities that lack broadband access can
have difficulty attracting new capital investment.5 Additionally, data indicates that low-income
households disproportionately lack access to broadband Internet service, which puts children in
those households at risk of falling behind.6
Broadband internet is a high speed internet that is faster than dial-up access and is always on; in
2015, the Federal Communications Commission (FCC) defined broadband as 25/3 megabits per
second (Mbps), i.e., 25 Mbps (download rate) and 3 Mbps (upload rate).7 Consumers can receive
Broadband internet through several different technologies, including a digital subscriber line
(DSL), a cable modem, fiber, wireless, satellite, and broadband over power lines.8
1
U.S. Federal Communications Commission, 2018 Broadband Deployment Report, at 1 (Feb. 2, 2018), available at
https://docs.fcc.gov/public/attachments/FCC-18-10A1.pdf (last visited Mar. 15, 2021).
2
Federal Communications Commission, Emergency Broadband Benefit Report and Order, pp. 2-3 (Feb. 26, 2021), available
at https://www.fcc.gov/broadbandbenefit (last visited Mar. 15, 2021).
3
U.S. Federal Communication Commission, 2021 Broadband Deployment Report at 58. (Jan. 19, 2021), available at
https://docs.fcc.gov/public/attachments/FCC-21-18A1.pdf (last visited Mar. 15, 2021). For purposes of this data, ‘fixed
broadband services’ are measured at 25 megabits per second downstream and 3 megabits per second upstream.
4
National Telecommunications and Information Administration, American Broadband Initiative, Milestones Report, at 11
(Feb. 13, 2019), available at https://broadbandusa.ntia.doc.gov/sites/default/files/resource-
files/american_broadband_initiative_milestones_report_feb_2019_0.pdf (last visited Mar. 15, 2021). See also, Congressional
Research Service, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, p. 7 (Oct. 25, 2019),
available at https://fas.org/sgp/crs/misc/RL30719.pdf (last visited Mar. 15, 2021).
5
Congressional Research Service, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, supra
note 4 at p. 8.
6
New American Economy Research Fund, Back to School: A Look at the Internet Access Gap (Aug. 6, 2020),
https://research.newamericaneconomy.org/report/internet-access-covid-19/ (last visited Mar. 15, 2021).
7
Colby Leigh Rachfal, Congressional Research Service, State Broadband Initiatives: Selected State and Local Approaches
as Potential Models for Federal Initiatives to Address the Digital Divide (Apr. 6, 2020), available at
https://crsreports.congress.gov/product/pdf/R/R46307 (last visited Mar. 15, 2021), citing Federal Communications
Commission, 2019 Broadband Deployment Report, p. 5 (May 29, 2019), available at https://www.fcc.gov/reports-
research/reports/broadband-progress-reports/2019-broadband-deployment-report (last visited Mar. 15, 2021).
8
Congressional Research Service, Broadband Internet Access and the Digital Divide: Federal Assistance Programs, p. 1
(Oct. 25, 2019), available at https://fas.org/sgp/crs/misc/RL30719.pdf (last visited Mar. 15, 2021).
BILL: CS/SB 2004 Page 3
Other State Action
All 50 states have created either a task force, commission, or authority to coordinate broadband
expansion.9 One organization has studied the work of several state broadband offices authorities,
and determined that effective practices include stakeholder outreach and engagement at both the
state and local levels; thorough development of a policy framework with well-defined goals;
adoption of a state broadband plan; and helping communities identify their broadband goals and
needs to better connect them with satisfactory resources.10
Florida’s Office of Broadband
In 2020 the Legislature created the Florida Office of Broadband (Office) within the Department
of Economic Opportunity (Department).11 The Office is tasked with developing, marketing, and
promoting broadband Internet service in the state.
Specifically, the Office must:
Create a strategic plan for increasing the use of broadband Internet service in Florida which
must include a process to review and verify public input regarding transmission speeds and
availability of broadband Internet service throughout the state;
Build local technology planning teams representing, among others, libraries, schools,
colleges and universities, local health care providers, private businesses, community
organizations, economic development organizations, local governments, tourism, parks and
recreation, and agriculture;
Encourage the use of broadband Internet service, especially in rural, unserved, and
underserved12 areas of the state through grant programs; and
Monitor, participate in, and provide input in proceedings of the FCC and other federal
agencies related to the geographic availability and deployment of broadband Internet service
as necessary to ensure that Florida’s rural, unserved, and underserved areas are best
positioned to benefit from federal and state broadband deployment programs.13
The DEO may apply for and accept federal grant funds, enter into necessary or useful contracts,
and establish any committee or workgroup to further the above goals.14
9
NCSL, State Broadband Task Forces, Commissions or Authorities and Other Broadband Resources (June 2020),
https://www.ncsl.org/research/telecommunications-and-information-technology/state-broadband-task-forces-
commissions.aspx (last visited Mar. 15, 2021).
10
Kathryn de Wit, Pew Charitable Trusts, How States are Expanding Broadband Access (Feb. 27, 2020),
https://www.pewtrusts.org/en/research-and-analysis/reports/2020/02/how-states-are-expanding-broadband-access (last visited
Mar. 15, 2021).
11
Ch. 2020-26, Laws of Fla.
12
Section 364.0135(2)(d), F.S., defines the term “underserved” to mean a geographic area of this state in which there is no
provider of broadband Internet service that offers a connection to the Internet with a capacity for transmission at a consistent
speed of at least 10 Mbps downstream and at least 1 Mbps upstream
13
Section 364.0135(4), F.S.
14
Section 364.0135(5), F.S.
BILL: CS/SB 2004 Page 4
Federal Broadband Programs
FCC Digital Opportunity Data Collection Program
The FCC collects and monitors data on broadband deployment in order to identify underserved
and unserved localities in the United States.15 In August 2019, the FCC adopted the Digital
Opportunity Data Collection Program, which modernized the collection of broadband
deployment data by creating granular coverage maps, as opposed to census tract maps, and by
implementing a process to accept public data to confirm the maps’ accuracy.16 In March 2020,
Congress ratified the FCC’s Data Collection Program with passage of the Broadband Data Act,
which requires the FCC to establish a semiannual collection of geographically granular
broadband coverage data to use to create coverage maps.17 Congress has allocated $65 million to
the FCC to achieve this mapping project.18
To create these geographic service maps, the FCC collects information from service providers
according to specific reporting standards. The service providers must report their service
coverage areas, including where their services were available to residences or businesses, and the
speed and latency at which their services are delivered.19 The FCC also considers public
testimony regarding service availability.
FCC’s Rural Digital Opportunity Fund
In January 2020, the FCC established the Rural Digital Opportunity Fund (Fund) to fund the
deployment of broadband networks in rural America over the next decade. The first phase of the
Fund began in 2020 and made available up to $16 billion to target census blocks that are wholly
unserved by fixed broadband speeds of at least 25 megabits per second (Mbps) downstream and
3 Mbps upstream (25/3 Mbps). 20 Florida entities received over $190 million (to be distributed
over the next 10 years) in this first round of funding.21
Phase II of the Fund will target underserved localities, as identified by the FCC’s Digital
Opportunity Data Collection Program.22 Using this more precise data, the second phase of FCC
15
Federal Communications Commission, Establishing the Digital Opportunity Data Collection pp. 1-2 (Jan. 19, 2021), WC
Docket No. 19-195, available at https://www.fcc.gov/document/fcc-takes-next-step-collect-more-precise-broadband-
mapping-data (last visited Mar. 15, 2021).
16
Id. at p. 3. See also, Federal Communications Commission, Digital Opportunity Data Collection Order and Further
Notice, 34 FCC Rcd at 7506, 7521, paras. 2, 3, 35.
17
47 U.S.C. §§642(a)(1)(A), (a)(2).
18
Marguerite Reardon, CNET, FCC Chair Rosenworcel Launches Broadband Mapping Taskforce (Feb. 17, 2021),
https://www.cnet.com/news/fcc-chair-rosenworcel-launches-broadband-mapping-task-force/ (last visited Mar. 15, 2021).
19
Federal Communications Commission, Establishing the Digital Opportunity Data Collection pp. 5, 8-16 (Jan. 19, 2021),
WC Docket No. 19-195, available at https://www.fcc.gov/document/fcc-takes-next-step-collect-more-precise-broadband-
mapping-data (last visited Mar. 15, 2021).
20
Federal Communications Commission, FCC Launches $20 Billion Rural Digital Opportunity Fund, (last visited Mar. 15,
2021).
21
Federal Communications Commission, Auction 904 Winning Bidders: Attachment A, available at
https://www.fcc.gov/document/auction-904-winning-bidders (last visited Mar. 15, 2021).
22
See, FCC Digital Opportunity Data Collection Program, supra.
BILL: CS/SB 2004 Page 5
grants will make available at least $4.4 billion to target geographic areas where some locations
lack access to 25/3 Mbps broadband.23
FCC’s Emergency Broadband Benefit Program
Congress appropriated $3.2 billion to expand broadband access via subsidies for broadband
service to students, families, and unemployed workers.24 Eligible households can receive a
discount of up to $50 per month off their broadband service bill. A household is eligible to
receive subsidies under the bill if any member of the household:25 qualifies for the Lifeline
program, receives benefits under the free or reduce-price school lunch program, received a
Federal Pell Grant, experienced a substantial loss of income in the last year and has a total
household income in 2020 below $99,000 for single filers and $198,000 for joint filers, or meets
criteria to participate in service providers’ existing low-income or COVID-19 program.26
U.S. Department of Agriculture ReConnect Program
The U.S. Department of Agriculture (USDA), through its ReConnect Program, offers federal
loans, grants, and loan/grant combinations to facilitate broadband deployment to rural areas
without access to sufficient broadband service.27 Eligible entities include cooperatives and non-
profits, for-profit companies, and state and local governments and their agencies and political
subdivisions. Applicants for a grant or a loan/grant combination under the ReConnect Program
must submit a scoring sheet by which USDA may analyze nine separate evaluation criteria to
score the application. One of the evaluation criteria is whether the proposed project is in a state
with a broadband plan that has been updated within the previous 5 years.28
Federal assets to assist with the expansion and promotion of broadband comes from a variety of
sources, for example:29
The FCC’s E-Rate Universal Service Fund subsidizes telephone service (including
broadband Internet access) to low-income households, high-cost areas, rural healthcare
providers, and eligible schools and libraries;30
23
Federal Communications Commission, Rural Digital Opportunity Fund Report and Order, p. 3 (Feb. 7, 2020) WC Docket
19-126, available at https://www.fcc.gov/document/fcc-launches-20-billion-rural-digital-opportunity-fund-0 (last visited
Mar. 12, 2021).
24
NCSL, COVID-19 Economic Relief Bill: Broadband (Jan. 4, 2021), https://www.ncsl.org/ncsl-in-dc/publications-and-
resources/covid-19-economic-relief-bill-stimulus.aspx (last visited Mar. 15, 2021).
25
Consolidated Appropriations Act of 2021, H.R. 133, 116 th Cong., s. 904 (a)(6) (2021).
26
Federal Communications Commission, Emergency Broadband Benefit, https://www.fcc.gov/broadbandbenefit (last visited
Mar. 15, 2021).
27
U.S. Department of Agriculture, Broadband, https://www.usda.gov/broadband (last visited Mar. 15, 2021).
28
Id.
29
See generally, National Telecommunications and Information Administration, American Broadband Initiative, Progress
Report, (June 2020), available at https://www.ntia.doc.gov/files/ntia/publications/abi_progress_report_june2020.pdf (last
visited Mar. 15, 2021).
30
Federal Communications Commission, E-Rate: Universal Service Program for Schools and Libraries (Sep. 16, 2020),
https://www.fcc.gov/consumers/guides/universal-service-program-schools-and-libraries-e-rate (last visited Mar. 15, 2021).
The Universal Service Administrative Company is a not-for-profit designated by the FCC to administer the Universal Service
Fund. See also, Universal Service Administrative Co., E-Rate
BILL: CS/SB 2004 Page 6
The U.S. Department of Housing and Urban Development31 and Department of Education32
offer block grants to support broadband infrastructure;
The U.S. Department of Agriculture’s ReConnect Program offers federal loans and grants to
facilitate broadband deployment to rural areas that lack sufficient broadband service;33
The Department of the Interior launched a mapping tool to allow service providers to locate
federal property available for infrastructure development;34 and
The National Telecommunications and Information Administration within the U.S.
Department of Commerce is working to improve coordination between Federal programs that
fund broadband and statewide efforts.35
Additionally, the latest COVID-19 relief bill passed by Congress36 included the following
funding to expand broadband Internet access for students, families, and unemployed workers:37
$300 million for rural broadband;38
$250 million for the FCC’s telehealth program;39
$285 million to fund a pilot program to assist with broadband issues at historically Black
colleges and universities;40
$1.9 billion for “rip and replace” efforts related to Huawei and ZTE equipment in U.S.
networks;41 and
$1 billion in grants for tribal broadband programs.42
31
U.S. Department of Housing and Urban Development, State CDBG Program Broadband Infrastructure FAQs
(Jan. 7, 2016), https://files.hudexchange.info/resources/documents/State-CDBG-Program-Broadband-Infrastructure-
FAQs.pdf (last visited Mar. 15, 2021).
32
U.S. Department of Education, Rural and Low-Income School Program,
https://www2.ed.gov/programs/reaprlisp/index.html (last visited Mar. 15, 2021). See also, Broadband USA, Funding Guide -
Department of Education - Rural and Low-Income School Program, https://broadbandusa.ntia.doc.gov/funding-program-
details-funding-guide/department-education-rural-low-income-school-program-0 (last visited Mar. 15, 2021).
33
U.S. Department of Agriculture, Broadband, https://www.usda.gov/broadband (last visited Mar. 15, 2021).
34
U.S. Department of Interior, Supporting Broadband Tower Facilities in Rural America on Federal Properties Managed at
Interior, https://www.doi.gov/broadband (last visited Mar. 15, 2021).
35
Broadband USA, State Broadband Leaders Network (Dec. 19, 2018), https://broadbandusa.ntia.doc.gov/ntia-
resources/state-broadband-leaders-network-sbln (last visited Mar. 15, 2021).
36
Consolidated Appropriations Act of 2021, H.R. 133, 116 th Cong. (2021).
37
NCSL, COVID-19 Economic Relief Bill: Broadband (Jan. 4, 2021), https://www.ncsl.org/ncsl-in-dc/publications-and-
resources/covid-19-economic-relief-bill-stimulus.aspx (last visited Mar. 15, 2021).
38
See generally, National Telecommunications and Information Administration, Overview of Consolidated Appropriations
Act, 2021: Broadband Infrastructure Deployment Grants, https://broadbandusa.ntia.doc.gov/ntia-common-content/overview-
consolidated-appropriations-act-2021 (last visited Mar. 15, 2021). These grants will be available to support infrastructure for
the deployment of fixed broadband service in a census block with at least one household or business that does not have
access to internet at a speed of 25/3Mbps or higher.
39
Federal Communications Commission, COVID-19 Telehealth Program (Feb. 9, 2021), https://www.fcc.gov/covid-19-
telehealth-program (last visited Mar. 15, 2021).
40
See generally, National Telecommunications and Information Administration, Office of Minority Broadband Initiative,
https://www.ntia.doc.gov/category/minority-broadband-initiative (last visited Mar. 15, 2021).
41
B. Braverman, M. Browne, and J. Mark, Let Her Rip! FCC Adopts Remove-and-Replace Rules (Jan. 15, 2021),
https://www.dwt.com/insights/2021/01/fcc-huawei-zte-rip-and-replace-rules (last visited Mar. 15, 2021). See also, Federal
Communications Commission, Second Report and Order in re: Protecting Against National Security Threats to the
Communications Supply Chain Through FCC Programs (Dec. 10, 2020), WC Docket No. 18-89, available at
https://docs.fcc.gov/public/attachments/FCC-20-176A1.pdf (last visited Mar. 15, 2021).
42
See generally, National Telecommunications and Information Administration, NTIA Announces Tribal Consultations on
New Program to Increase Broadband Access Across Indian Country (Feb. 5, 2021), https://www.ntia.gov/blog/2021/ntia-
announces-tribal-consultations-new-program-increase-broadband-access-across-indian (last visited Mar. 15, 2021).
BILL: CS/SB 2004 Page 7
III. Effect of Proposed Changes:
The Office is currently required to draft a strategic plan for increasing the use of broadband
Internet service in Florida. Section 1 of the bill adds additional subject matter areas that the
Office must address the strategic plan, specifically:
Short and long-term goals that increase the availability of, and access to broadband Internet
service in Florida;
Federal broadband activities, specifically those implemented by the FCC, that may improve
broadband Internet service in Florida; and
Federal funding sources that may be used to expand or improve broadband Internet service in
Florida.
The bill also requires that the Office complete and submit its strategic plan to the Governor,
Chief Justice of the Supreme Court, the President of the Florida Senate, and the Speaker of the
Florida House of Representatives by June 30, 2022.
Section 1 of the bill expands the Office’s duties to include the provision of technical and
planning assistance relating to broadband infrastructure to rural communities.
Section 2 appropriates $1.4 million in nonrecurring funds from the State Economic
Enhancement and Development Trust Fund to the Department of Economic Opportunity for the
2021-2022 fiscal year. The Department must use these funds to commission a broadband
feasibility study and to develop a strategic plan as required by s. 364.0135, F.S.
Section 3 provides that the bill takes effect on July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
BILL: CS/SB 2004 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The Office’s planning and execution of its duties may help localities secure funding for
broadband Internet service, which will positively impact its citizens’ business and
personal needs. Additionally, communities with sufficient broadband Internet service
may better attract or retain business.
C. Government Sector Impact:
The bill appropriates $1.4 million in nonrecurring funds from the State Economic
Enhancement and Development Trust Fund to the Department to commission a
broadband feasibility study and develop a broadband strategic plan, as required by s.
364.0135, F.S.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 364.0135 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 15, 2021:
The CS appropriates $1.4 million in nonrecurring funds for the fiscal year 2021-2022
from the State Economic Enhancement and Development Trust Fund to the Department
for the specific purposes of commissioning a broadband feasibility study and developing
a strategic plan.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 2004
Ì2338442Î233844
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/16/2021 .
.
.
.
The Committee on Commerce and Tourism (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 80 and 81
4 insert:
5 Section 2. For the 2021-2022 fiscal year, the sum of $1.4
6 million in nonrecurring funds is appropriated from the State
7 Economic Enhancement and Development Trust Fund to the
8 Department of Economic Opportunity for the purpose of
9 commissioning a broadband feasibility study and developing a
10 strategic plan as required in s. 364.0135, Florida Statutes.
Page 1 of 2
3/12/2021 1:23:33 PM 577-02775-21
Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 2004
Ì2338442Î233844
11
12 ================= T I T L E A M E N D M E N T ================
13 And the title is amended as follows:
14 Between lines 13 and 14
15 insert:
16 providing an appropriation;
Page 2 of 2
3/12/2021 1:23:33 PM 577-02775-21
Florida Senate - 2021 SB 2004 Florida Senate - 2021 SB 2004
By Senator Burgess
20-01385-21 20212004__ 20-01385-21 20212004__
1 A bill to be entitled 30 availability of and access to use of broadband Internet service
2 An act relating to broadband Internet; amending s. 31 in this the state. In development of the plan, the department
3 364.0135, F.S.; requiring the Florida Office of 32 shall incorporate applicable federal broadband activities,
4 Broadband’s strategic plan to include short-term and 33 including any efforts or initiatives of the Federal
5 long-term goals for increasing the availability of and 34 Communications Commission, to improve broadband Internet service
6 access to broadband Internet service in this state; 35 in this state. The plan must include a process to review and
7 providing requirements for the development of the 36 verify public input regarding transmission speeds and
8 plan; requiring the updated plan to be submitted to 37 availability of broadband Internet service throughout the state.
9 the Governor, the Chief Justice of the Supreme Court, 38 The plan must also identify available federal funding sources
10 and the Legislature by a specified date; requiring the 39 for the expansion or improvement of broadband. The strategic
11 plan to be updated biennially; requiring the office to 40 plan must be submitted to the Governor, the Chief Justice of the
12 provide technical and planning assistance related to 41 Supreme Court, the President of the Senate, and the Speaker of
13 broadband infrastructure to rural communities; 42 the House of Representatives by June 30, 2022. The strategic
14 providing an effective date. 43 plan must be updated biennially thereafter.
15 44 (b) Build and facilitate local technology planning teams or
16 Be It Enacted by the Legislature of the State of Florida: 45 partnerships with members representing cross-sections of the
17 46 community, which may include, but are not limited to,
18 Section 1. Subsection (4) of section 364.0135, Florida 47 representatives from the following organizations and industries:
19 Statutes, is amended to read: 48 libraries, K-12 education, colleges and universities, local
20 364.0135 Promotion of broadband adoption; Florida Office of 49 health care providers, private businesses, community
21 Broadband.— 50 organizations, economic development organizations, local
22 (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of 51 governments, tourism, parks and recreation, and agriculture.
23 Broadband is created within the Division of Community 52 (c) Provide technical and planning assistance related to
24 Development in the department for the purpose of developing, 53 broadband infrastructure to rural communities.
25 marketing, and promoting broadband Internet services in the 54 (d)(c) Encourage the use of broadband Internet service,
26 state. The office, in the performance of its duties, shall do 55 especially in the rural, unserved, or underserved communities of
27 all of the following: 56 the state through grant programs having effective strategies to
28 (a) Create a strategic plan that has short-term and long- 57 facilitate the statewide deployment of broadband Internet
29 term goals and strategies for increasing and improving the 58 service. For any grants to be awarded, priority must be given to
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2021 SB 2004
20-01385-21 20212004__
59 projects that:
60 1. Provide access to broadband education, awareness,
61 training, access, equipment, and support to libraries, schools,
62 colleges and universities, health care providers, and community
63 support organizations.
64 2. Encourage the sustainable adoption of broadband in
65 primarily underserved areas by removing barriers to entry.
66 3. Work toward encouraging investments in establishing
67 affordable and sustainable broadband Internet service in
68 underserved areas of the state.
69 4. Facilitate the development of applications, programs,
70 and services, including, but not limited to, telework,
71 telemedicine, and e-learning to increase the usage of, and
72 demand for, broadband Internet service in the state.
73 (e)(d) Monitor, participate in, and provide input in
74 proceedings of the Federal Communications Commission and other
75 federal agencies related to the geographic availability and
76 deployment of broadband Internet service in the state as
77 necessary to ensure that this information is accurately
78 presented and that rural, unserved, and underserved areas of the
79 state are best positioned to benefit from federal and state
80 broadband deployment programs.
81 Section 2. This act shall take effect July 1, 2021.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
CourtSmart Tag Report
Room: SB 110 Case No.: Type:
Caption: Senate Commerce Committee Judge:
Started: 3/15/2021 3:30:45 PM
Ends: 3/15/2021 5:12:12 PM Length: 01:41:28
3:30:45 PM
3:30:47 PM Meeting called to order
3:30:52 PM Roll call
3:30:59 PM Quorum present
3:31:18 PM Chair opening remarks
3:32:02 PM Tab 3, SB 572 by Sen. Baxley
3:33:20 PM Questions:
3:33:24 PM Sen. Powell to sponsor
3:33:35 PM Sponsor response
3:33:50 PM Follow up
3:34:02 PM Sponsor response
3:34:37 PM Sen. Powell
3:34:44 PM Further response of sponsor
3:35:23 PM Speaker, Tom Grogan, FL Structural Engineering Assn for the bill
3:36:18 PM Speaker, Barney Bishop, FL Structural Engineers Assn. for the bill
3:37:33 PM Sen. Powell question to Mr. Bishop
3:38:00 PM Response by Mr. Grogan in his expertise
3:38:50 PM Jeff Kottcamp, FL Structural Engineers Assn., waive in support
3:39:12 PM Speaker, David Serdar
3:40:17 PM No debate
3:40:23 PM Sponsor waive close
3:40:28 PM Roll call
3:40:31 PM SB 572 passes favorably
3:40:52 PM Tab 4, CS/SB 574 by Sen. Baxley
3:41:31 PM Jeff Kottcamp waive in support
3:41:52 PM Tom Grogan waive in support
3:41:57 PM Barney Bishop waive in support
3:42:14 PM No debate
3:42:21 PM Sponsor waive close
3:42:26 PM Roll call
3:42:30 PM CS/SB 574 passes favorably
3:42:53 PM Tab 5, SB 1560 by Sen. Ausley
3:46:50 PM Amendment 186496 by Sen. Ausley
3:47:06 PM Amendment to Amendment 510320 by Sen. Ausley
3:47:54 PM Speaker Charlie Dudley, Florida Internet and Television Association, for information
3:49:26 PM Sponsor waive close to Amendment to Amendment
3:49:43 PM Amendment to Amendment 510320 is adopted
3:49:50 PM Amendment to Amendment 138988 by Sen. Gruters
3:50:35 PM Sen. Pizzo, question
3:51:09 PM Response by Sen. Gruters
3:51:40 PM Sen. Pizzo for follow up
3:52:08 PM Response by Sen. Gruters
3:52:37 PM Speaker, Charlie Dudley, FL Internet and Television Assn., for information
3:55:00 PM Speaker, Chris Doolin, Small County Coalition for the bill
3:56:23 PM Debate on Amendment to Amendment
3:56:31 PM Question, Sen. Pizzo
3:57:40 PM Sen. Taddeo question to sponsor and debate
3:58:42 PM Reponse from sponsor
3:58:50 PM Sen. Gruters close on his Amendment to Amendment
3:59:34 PM Amendment to Amendment 138988 is adopted
4:00:13 PM Back on Amendment 186496, Sponsor to explain main amendment
4:00:35 PM No questions
4:00:41 PM Taylor Patrick Biehl, Space Exploration Technologies, waive in support on main amendment
4:01:10 PM Sen. Ausley waive close
4:01:24 PM Amendment 186496 adopted
4:01:29 PM Chris Doolin, Small County Coaltion for the bill
4:02:59 PM James Mosteller, Foundation for FL's Future waive in support
4:03:09 PM Jeff Scala, FL Association of Counties waive in support
4:03:18 PM Tara Taggart FL League of Cities waive in support
4:03:35 PM Sen. Ausley close on bill
4:04:11 PM Roll call on SB 1560
4:04:25 PM SB 1560 passes as CS favorably
4:04:46 PM Tab 7, SB 616 by Sen. Gruters
4:05:27 PM Justin Thames, FL Institute of CPAs in support of bill
4:05:51 PM Sen. Gruters waive close
4:05:58 PM Roll call
4:06:02 PM SB 616 passes favorably
4:06:21 PM Tab 1, SB 1948 by Sen. Bean
4:09:56 PM Amendment 486480 by Sen. Bean
4:11:00 PM Sen. Bean explains amendment
4:11:40 PM Sen. Taddeo question for sponsor
4:12:07 PM Response of sponsor
4:12:24 PM Sen. Powell question to sponsor
4:13:00 PM Response of sponsor
4:13:50 PM Follow up, Sen. Powell
4:14:04 PM Response of sponsor
4:14:54 PM Another question of Sen. Powell
4:15:07 PM Response of sponsor
4:15:18 PM Further conversation, Sen. Powell
4:15:59 PM Response of sponsor
4:16:37 PM Sen. Powell further questions
4:16:57 PM Response of sponsor
4:17:15 PM Chair calls Ex. Dir Dane Eagle, DEO, in response to Sen. Powell's questions
4:19:32 PM Further questions of Sen. Powell
4:19:47 PM Response by Ex Dir. Eagle
4:20:20 PM Back and forth
4:21:33 PM Sen. Torres questions to Executive Director Eagle
4:22:12 PM Response
4:22:19 PM Back and forth of Sen. Torres and Mr. Eagle
4:23:12 PM In debate:
4:23:21 PM Sen. Burgess
4:23:36 PM Sen. Bean closes on amendment
4:23:44 PM Amendment 486480 adopted
4:23:53 PM Back on bill as amended:
4:24:03 PM Sen. Torres is questions
4:24:08 PM Response of sponsor
4:24:22 PM Sen. Taddeo question to sponsor
4:24:47 PM Reponse of sponsor
4:26:10 PM Follow up question
4:26:31 PM Response of sponsor
4:26:41 PM Further question of Sen. Taddeo
4:27:35 PM Response of sponsor
4:28:17 PM Ida Eskamani, Florida Rising, speaking for bill
4:30:29 PM Karen Woodall, Florida center for Fiscal and Economic Policy, speaking for the bill
4:33:40 PM In debate:
4:33:45 PM Sen. Powell
4:35:26 PM Sen. Pizzo
4:37:15 PM Sen. Burgess
4:38:02 PM Sen. Torres
4:39:03 PM Sen. Diaz
4:39:57 PM Sen. Garcia
4:41:00 PM Sen Wright
4:41:06 PM Sen. Bean closes on bill
4:41:43 PM Roll call on SB 1948
4:41:56 PM SB 1948 passes CS favorably
4:42:12 PM Tab 2, SB 1046 by Sen. Bean
4:43:41 PM Amendment 708560 by Sen. Bean
4:44:05 PM Blake Mathesie, FSU Law Student, speaking for amendment
4:44:45 PM Questions on amendment:
4:44:52 PM Sen. Pizzo
4:45:39 PM Reponse of sponsor
4:46:09 PM Debate on amendment: none
4:46:17 PM Amendment 708560 adopted, Back on the bill as amended
4:46:26 PM Sen. Pizzo question
4:46:58 PM Response of sponsor
4:47:13 PM Barney Bishop waive in support
4:47:23 PM Jorge Chamizo, FL Assn. of Criminal Defense Lawyers waive in support
4:47:35 PM Blake Mathesie, FSU Law Student speaking for bill
4:51:24 PM Debate on bill as amended
4:51:32 PM Sponsor waive close
4:51:37 PM Roll call
4:51:40 PM SB 1046 passes CS favorably
4:52:01 PM Tab 10, SB 2004 by Sen. Burgess
4:53:09 PM Amendment 233844 by Sen. Burgess
4:53:48 PM Taylor P. Biehl, Space Exploration Tech., waive in support
4:54:13 PM Sen. Burgess waive close
4:54:21 PM Amendment 233844 adopted, Back on bill as amended
4:54:25 PM Sen. Torres question of sponsor
4:54:52 PM Response of sponsor
4:55:31 PM James Mosteller, Foundation of FL's Future waive in support
4:55:41 PM Speaker, David Serdar, waive in support
4:56:08 PM Debate on bill as amended
4:56:16 PM Sen. Burgess close on bill
4:56:34 PM Roll call on SB 2004
4:56:44 PM SB 2004 passes CS favorably
4:57:02 PM Tab 9, SM 1544 by Sen. Pizzo
4:58:02 PM Sen. Burgess question
4:58:13 PM Response of sponsor
4:58:51 PM Sen. Hutson question/comment
4:59:07 PM Sen. Pizzo response
4:59:33 PM Chair comments
5:00:04 PM Debate on bill:
5:00:12 PM Sen. Powell
5:00:24 PM Sen. Pizzo comments
5:01:09 PM Sen. Pizzo closed on bill
5:01:18 PM Roll call
5:01:21 PM SM 1544 passes favorably
5:01:44 PM Tab 6, SB 302 by Sen. Tadddeo
5:03:18 PM Amendment Late-filed 503806 taken up
5:03:40 PM Sen. Taddeo explains amendment
5:04:12 PM Debate on amendment:
5:04:18 PM Sen. Pizzo
5:04:23 PM Response of sponsor
5:04:39 PM Back and forth
5:04:54 PM Sen. Taddeo waive close on amendment
5:04:56 PM Amendment 503806 adopted, Back on bill as amended
5:05:05 PM Carolyn Johnson, Florida Chamber of Commerce, waive in support
5:05:22 PM Pamela Burch-Fort, NAACP Florida State Conference, waive in support
5:05:38 PM Debate on bill as amended: none
5:05:51 PM Sen. Taddeo close on bill
5:07:06 PM Roll call
5:07:09 PM SB 302 passes CS favorably
5:07:33 PM Tab 8, SB 1444 by Sen. Wright
5:09:03 PM Slater Bayliss, Advantage Capital waive in support
5:09:13 PM Brewster Bevis, Associated Industries waive in support
5:09:47 PM Sen. Wright waive close
5:10:07 PM Roll call
5:10:10 PM SB 1444 passes favorably
5:10:11 PM Chair announced that appearance cards came late for David Serdar, waiving in support of Bills, 574 and
616
5:10:12 PM Motions: Sen. Hutson to be shown Voting After Yea on Tabs 5, 7, Sen. Gruters Voting After Yea on Tabs
3, 4 and Sen. Pizzo Voting After Yea on Tab 7
5:10:14 PM Motions adopted
5:11:48 PM Sen. Garcia moved adjournment
5:11:57 PM Meeting adjourned
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