Meeting Packet — Florida House Commerce Committee (March 17, 2023)

Summary

A meeting packet for the Commerce Committee of The Florida House of Representatives, chaired by Bob Rommel, for Friday, March 17, 2023, 8:00 AM to 10:00 AM. The agenda lists HB 5 Economic Programs by Esposito, HB 489 Professional Licensing Requirements for Barbers and Cosmetologists by Chambliss and Plakon, and HB 719 Practice of Veterinary Medicine by Killebrew. The staff analysis of HB 5 states that the bill eliminates EFI, transfers its duties to the Department of Economic Opportunity, repeals a list of programs and incentives, and takes effect July 1, 2023.

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“Meeting Packet — Florida House Commerce Committee (March 17, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-03-17-3220-commerce-committee-meeting-packets-fn-com-3-17-23-565b86011d/, SHA-256 fa8bcdc764436157795bfcd57147834d76feb2adbc654dd93247c8de3c12191f.

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Commerce Committee
Friday, March 17, 2023
8:00 AM - 10:00 AM
Webster Hall (212 Knott)

Meeting Packet

Paul Renner Bob Rommel
Speaker Chair
The Florida House of Representatives
Commerce Committee

Paul Renner Bob Rommel
Speaker Chair

Meeting Agenda

Friday, March 17, 2023
8:00 am – 10:00 am
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

• HB 5 Economic Programs by Esposito

• HB 489 Professional Licensing Requirements for Barbers and Cosmetologists
by Chambliss, Plakon

• HB 719 Practice of Veterinary Medicine by Killebrew

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 5
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 5 Economic Programs
SPONSOR(S): Esposito
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Commerce Committee Walsh Hamon

2) Ways & Means Committee

3) Appropriations Committee

SUMMARY ANALYSIS
The bill eliminates EFI and provides that all duties, functions, records, pending issues, existing contracts,
administrative authority, administrative rules, and unexpended balances of appropriations, allocations, and
other public funds relating to the programs in EFI are transferred by a type two transfer to the Department of
Economic Opportunity (DEO).

The bill provides that VISIT FLORIDA and the Florida Sports Foundation may enter into agreements with DEO
to continue any existing programs, activities, duties, or functions necessary for their operation.

The bill provides for the repeal of the following programs and incentives; however, the bill authorizes
continuation of payments for existing related commitments:

- Urban High-Crime Area Job Tax Credit Program - Professional Sports Franchise Incentive
- Entertainment industry tax credit - Motorsports Entertainment Complex
- Capital Investment Tax Credit - Spring Training Baseball Franchises
- Qualified defense and space flight tax refund - Retention of Spring Training Baseball Franchises
- Qualified target industry businesses tax refund - International Game Fish Association World Center
- Brownfield Redevelopment Bonus Tax Refunds - Florida Small Business Technology Program
- High-Impact Sector Performance Grants - New Markets Development Program
- Economic Gardening Programs - Microfinance programs
- Quick Action Closing Fund - Economic Development Transportation Projects
- Innovation Incentive Program - Office of Film and Entertainment
- Florida Small Business Development Center Network - Florida Film Advisory Council
- Scripps Florida Funding Corporation - Entertainment industry sales tax exemptions
- Cooperative advertising matching grants program

The bill has an indeterminate, but likely positive recurring, impact on state and local revenues, however, the
Revenue Estimating Conference has not yet reviewed the bill. The bill has an indeterminate impact on state
expenditures, and no impact on local expenditures. See Fiscal Analysis & Economic Impact Statement.

The bill provides an effective date of July 1, 2023.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Background

Florida’s economic development system is multi-faceted and includes public agencies, non-profit
corporations, and private entities at the state, regional, and local level. The Legislature created some of
these organizations, while others are units of local government or privately formed associations or
alliances. Many of the organizations have similar missions (e.g., encouraging economic development
and enhancing the state’s business climate) and serve the same constituencies (e.g., in- and out-of-
state businesses and the state’s economic and workforce development communities). The most
prominent of these organizations are Enterprise Florida, Inc. (EFI) and the Department of Economic
Opportunity (DEO). To achieve their economic development missions, EFI and DEO perform numerous
activities and collaborate via contracts as directed by statute.1

Prior to the creation of EFI, the Department of Commerce and Department of Labor and Employment
Security were responsible for the state’s economic development activities. In 1996, the Legislature
created EFI as a public-private partnership to serve as the state’s principal economic development
marketing and promotion organization.2

To support the ongoing evolution of the state’s economic development system, the 2011 Legislature
created DEO, transferring functions from the Agency for Workforce Innovation (AWI), Department of
Community Affairs (DCA), and Governor’s Office of Tourism, Trade, and Economic Development
(OTTED) to the new agency.3 AWI had performed functions related to workforce, unemployment
compensation, and early learning services, while DCA was the state’s land planning and community
development agency. OTTED assisted the Governor in formulating economic development policies and
strategies and administered the state’s economic programs.4

Department of Economic Opportunity

DEO has seven divisions and offices established by statute, four of which carry out DEO’s objectives
and statutory responsibilities. Three of these divisions are Strategic Business Development, Community
Development, and Workforce Services. These divisions help fulfill DEO’s statutorily mandated
responsibilities, which include, but are not limited to:
 Ensuring that Florida’s goals and policies relating to economic development, community
planning and development, workforce development, and affordable housing are fully integrated
with appropriate implementation strategies;
 Recruiting new businesses to Florida and promoting the expansion of businesses by expediting
permitting and location decisions, worker placement and training, and incentive awards;
 Promoting viable, sustainable communities by providing technical assistance and guidance on
growth and development issues, grants, and other assistance to local communities;
 Coordinating with state agencies on the processing of state development approvals or permits
to minimize the duplication of information provided by the applicant and the time before approval
or disapproval; and

1 OPPAGA, Report No. 16-09, Agency Review-Enterprise Florida, Inc., and Department of Economic Opportunity, p.3
(December 2016).
2 Id. at 7.
3 Chapter 2011-142, Laws of Fla. DEO began operations in October 2011.
4 OPPAGA, Report No. 16-09, supra n. 1, p.7.
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 Managing the activities of public-private partnerships and state agencies in order to avoid
duplication and promote coordinated and consistent implementation of various programs. 5

DEO’s Office of Economic Accountability and Transparency was created in 2021. 6 The Office of
Economic Accountability and Transparency is tasked with:
 Overseeing critical objectives and ensuring key objectives are clearly communicated to the
public;
 Organizing resources, expertise, data, and research to focus on and solving the complex
economic challenges facing the state;
 Providing leadership for priority issues that require integration of policy, managements, and
critical objectives from multiple programs and organizations internal and external to DEO;
 Promoting and facilitating key initiatives to address priority economic issues and exploring data
and identify opportunities for innovative approaches to address such economic issues ; and
 Promoting strategic planning.7

Enterprise Florida, Inc.

EFI is a nonprofit corporation established by the Legislature to serve as the state’s main economic
development organization.8 EFI is required to enter into a performance-based contract with DEO, which
includes annual measurements of the performance of EFI. 9 The corporation is responsible for:
 Marketing the state as a pro-business location for new investment and as a tourist destination;
 Advancing international and domestic trade opportunities;
 Providing support to small and minority-owned businesses;
 Assisting, promoting, and enhancing economic opportunities in the state's rural and urban
communities;
 Advocating for Florida's military bases and administering defense grants; and
 Promotion and development of professional, amateur, recreational sports, and physical fitness
opportunities.10

EFI has the following duties:
 Responsibly and prudently manage all public and private funds received, and ensure that the
use of such funds is in accordance with all applicable laws, bylaws, or contractual requirements;
 Administer certain entities and programs;
 Prepare an annual report;
 Prepare, in conjunction with DEO, an annual incentives report;
 Assist DEO with the development of an annual and a long-range strategic business blueprint for
economic development;
 In coordination with CareerSource Florida, Inc., identify education and training programs that
will ensure that Florida businesses have access to a skilled and competent workforce necessary
to compete successfully in the domestic and global marketplace;
 Submit all proposed contracts with a cost in excess of a specified amount in accordance with
the notice and review procedures required in statute;
 Not create or establish any other entity unless authorized by law; and
 Comply with per diem and travel expense provisions. 11

5 S. 20.60(4), F.S.
6 Chapter 2021-25, Laws of Fla.
7 S. 20.60 (3)(a), F.S.
8 S. 288.901, F.S. Chapter 92-277, Laws of Fla., created EFI, while ch. 96-320, Laws of Fla, established EFI as a public-

private partnership.
9 S. 20.60(11), F.S., requires DEO to “establish annual performance standards for Enterprise Florida, Inc., CareerSource

Florida, Inc., the Florida Tourism Industry Marketing Corporation, and Space Florida and report annually on how these
performance measures are being met.”
10 Office of Program Policy Analysis and Governmental Accountability, Enterprise Florida, Inc.,

https://oppaga.fl.gov/ProgramSummary/BackPageDetail?programNumber=6112&backPageNumber= 03 (last visited Mar.
10, 2023).
11 S. 299.903, F.S.
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At a minimum, EFI is required to have divisions related to:
 International Trade and Business Development;
 Business Retention and Recruitment;
 Tourism Marketing;
 Minority Business Development; and
 Sports Industry Development.12

EFI is governed by a board of directors, of which the Governor serves as chairperson. The board of
directors biennially elects one of its members as vice chairperson. 13 Including the Governor or his or
her designee, the board of directors of EFI is comprised of twenty members: seven from the public
sector and twelve from the private sector.14 The eight members of the board from the public sector
include the following: the Governor or the Governor’s designee; the Commissioner of Education or his
or her designee; the Chief Financial Officer or his or her designee; the Attorney General or his or her
designee; the Commissioner of Agriculture or his or her designee; the chairperson of the board of
directors for CareerSource Florida, Inc.; the Secretary of State or his or her designee; and the
Secretary of Economic Opportunity or his or her designee.15

Of the twelve members from the private sector, the Governor appoints six16 and the President of the
Senate and Speaker of the Florida House of Representatives each appoint three. Such members are
appointed to four year terms and must include at least one director for each of the following areas of
expertise:17 international business; tourism marketing; the space or aerospace industry; managing or
financing a minority-owned business; manufacturing; finance and accounting; and sports marketing.
In addition, the President of the Senate must appoint a member of the Senate and the Speaker of the
House must appoint a member of the House of Representatives, both of which serve as ex officio
members.18 The board must meet at least four times each year, upon the call of the chairperson, at the
request of the vice chairperson, or at the request of a majority of the membership. A majority of the total
number of current voting members constitutes a quorum.19

Florida law directs the board of directors to “integrate its efforts in business recruitment and expansion,
job creation, marketing the state for tourism and sports, and promoting economic opportunities for
minority-owned businesses and promoting economic opportunities for rural and distressed urban
communities with those of the department, to create an aggressive, agile, and collaborative effort to
reinvigorate the state’s economy.”20 To that end, Florida law authorizes the Board to:
 secure funding for its programs and activities from federal, state, local, and private sources and
from fees charged for services and published materials;
 solicit, receive, hold, invest, and administer any grant, payment, or gift of funds or property and
make expenditures;
 make and enter into contracts and other instruments necessary or convenient with its powers
and functions;
 elect or appoint officers, employees, and agents as required for its activities and for its divisions;
 carry forward any unexpended state appropriations into succeeding fiscal years;
 create and dissolve advisory councils, working groups, task forces, or other similar
organizations, as necessary to carry out its mission;
 establish an executive committee consisting of the chairperson or a designee, the vice
chairperson, and as many additional members of the board of directors as the board deems
appropriate (with a minimum of five members);

12 S. 288.92(1), F.S.
13 S. 288.901(4), F.S.
14 S. 288.901(5), F.S.
15 Id.
16 Members appointed by the Governor are subject to Senate confirmation. s. 288.901(5)(a), F.S.
17 S. 288.901(5)(b), F.S.
18 S. 288.901(7), F.S.
19 S. 288.901(8), F.S.
20 S. 288.9015(1), F.S.
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 sue and be sued, and appear and defend all actions and proceedings;
 adopt, use, and alter a common corporate seal for EFI and its divisions;
 adopt, amend, and repeal bylaws;
 acquire, enjoy, use, and dispose of patents, copyrights, and trademarks and any licenses,
royalties, and other rights or interests;
 use the state seal when appropriate for standard corporate identity applications; and
 procure insurance or require bond against any loss in connection with the property of EFI. 21

As a public-private partnership, EFI is expected to obtain private sector support to help pay for its
operational costs. The Legislature provides an annual appropriation to EFI for its operations. According
to state law, the agency’s legislative appropriations must be matched with private sector support equal
to at least 100% of state operational funding.22 Under state law, private sector support includes:
 Cash given directly to EFI for its operations, including contributions from at-large members of
the board of directors;
 Cash donations from organizations assisted by EFI’s divisions;
 Cash jointly raised by EFI, private local economic development organizations, a group of such
organizations, or a statewide private business organization that supports collaborative projects;
 Cash generated by fees charged for products or services of EFI and its divisions by sponsorship
of events, missions, programs, and publications; and
 Copayments, stock, warrants, royalties, or other private resources dedicated to Enterprise
Florida or its divisions.23

In 2016, the Office of Program Policy Analysis and Government Accountability (OPPAGA) published a
report indicating that EFI’s state funding has always exceeded private sector funding. 24 Based on EFI’s
audited financial statements for fiscal year 2021-22, EFI received: $1,865,000 in private investment
contributions; $1,405,918 in event revenue; and $1,153,795 in other income.25 EFI’s total state
appropriation for fiscal year 2021-22 was $14,400,000.26

Division of Tourism Marketing and Florida Tourism Industry Marketing Corporation

EFI’s Division of Tourism Marketing is the entity created through statute that interacts and contracts
with its direct support organization,27 the Florida Tourism Industry Marketing Corporation. The Florida
Tourism Industry Marketing Corporation was created by the legislature in 1996 and is otherwise known
by the service mark “VISIT FLORIDA,” which operates as a non-profit corporation that serves as
Florida’s statewide destination marketing organization, representing the state’s tourism industry. 28 In
practice, VISIT FLORIDA (VF) is EFI’s tourism marketing division. The division is staffed by VF, but that
staff is not employed by EFI.29

VF’s primary responsibilities include:
 Administering domestic and international advertising campaigns;
 Coordinating domestic and international marketing activities;
 Coordinating marketing efforts with local tourism marketing organizations;
 Managing Florida’s four welcome centers;

21 S. 288.9015(2), F.S.
22 S. 288.904(2)(a), F.S.
23 S. 288.904(2)(b), F.S.
24 OPPAGA Report No. 16-09, supra n. 1, p. 19.
25 Enterprise Florida, Inc. and Consolidated Entities, Consolidated Financial Statements, p.5, available at

https://www.enterpriseflorida.com/about/transparency/ (last visited Mar. 13, 2023).
26 General Appropriations Act of 2022 (HB 5001).
27 “Direct support organization” means a not-for-profit Florida corporation incorporated under the provisions of chapter

617, F.S., and authorized by Florida law to exist as a direct support organization to benefit or provide assistance to a
governmental entity. See State of Florida Auditor General, Audits of Certain Nonprofit Organizations, Rules of the Auditor
General (Jun. 30, 2022), available at https://flauditor.gov/pages/pdf_files/10_700.pdf (last visited Mar. 13, 2023).
28 S. 288.1226, F.S. The fictitious name “VISIT FLORIDA” is registered with the Department of State, registration no.

G18000088414.
29 S. 288.923(5), F.S.
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 Conducting research on tourism and travel trends;
 Administering marketing activities for Veterans Florida; 30 and
 Marketing to assist the state following critical events, such as storms.31

Through a contractual relationship with the Department of Economic Opportunity (DEO), VF is held to
performance measures and standards. VF’s 31-member board of directors is appointed by DEO in
conjunction with EFI and meets three times a year to provide guidance, input, and insight to, and work
directly with VF executive staff.32 VF is required to develop a four-year marketing plan33 for the state
that addresses issues such as continuation of tourism growth in Florida, expansion to new or
underrepresented markets, coordination with local and private sector partners on tourism advertising,
and addressing emergency responses to disasters from a marketing standpoint. 34

As a public-private partnership, VF is required to obtain private sector contributions to match public
contributions. Eligible matching contributions come from four categories:
 Direct cash contributions;
 Fees for services;
 Cooperative advertising, which is limited to partner expenditures for paid media placement and
actual market value of contributed products, air time, and print space; and
 In-kind contributions, which is limited to the actual market value of promotional contributions of
partner-supplied benefits or of non-partner supplied airtime or print space.35

Economic Development Incentives

Florida has a number of incentive programs intended to promote economic development in the state.
These programs are housed in several different agencies and come in a variety of forms including tax
refunds, tax credits, tax exemptions, and cash grants. Businesses interested in expanding or relocating
in Florida learn about the state’s economic incentive programs through several channels, including EFI
and state and local economic development organizations. EFI markets the benefits of doing business in
Florida. EFI works to develop leads on businesses, then EFI identifies the specifics of each business’s
project to determine whether any economic development programs may be available. If EFI determines
that a business is eligible for an economic development award, EFI makes a recommendation to DEO
for the project.36 Businesses can apply for more than one incentive to support their expansion or
relocation projects.

Once a company begins the application process, DEO begins the formal due diligence process to
determine the business’s statutory eligibility and financial standing. Once a business successfully
completes the evaluation process, DEO approves the business for an award and issues a certification
letter. Businesses that receive an award, except for businesses that receive an award under the Capital
Investment Tax Credit, Enterprise Zone, and New Markets Development programs, must enter into
contractual agreements with DEO. These agreements include a schedule for meeting performance
requirements. DEO must ensure that each business complies with state law and the terms of the

30 Veterans Florida is a non-profit corporation created by the State of Florida to help military veterans transition to civilian
life and to promote Florida’s status as the nation’s most veteran-friendly state. See Veterans Florida, About Us,
https://www.veteransflorida.org/about/ (last visited Mar. 13, 2023).
31 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations

– Year 8, 13 (December 2020), available at https://oppaga.fl.gov/Documents/Reports/20 -08.pdf (last visited Mar. 10,
2023).
32 Id. at 12.
33 This plan is annual in construction and ongoing in nature. See S. 288.923(4)(c), F.S.
34 S. 288.923(4)(c), F.S.
35 S. 288.1226(6), F.S.
36 DEO, 2021-2022 Annual Incentives Report, p.3. Section 288.907, F.S., requires EFI, in conjunction with DEO, to

provide a detailed incentives report quantifying the economic benefits for all the economic development incentive
programs marketed by EFI.
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agreement. Businesses found to be out of compliance with performance requirements may be subject
to penalties (e.g., clawback provisions) or could be terminated from the incentive program .37, 38

For the 2021-22 fiscal year, DEO reports paying 114 projects, with the total amount of state funds paid
coming to $20,642,994. The confirmed average annual wage of these projects is $59,986. 40

In 2022, OPPAGA published an updated analysis of Florida’s economic development programs. For
this report, OPPAGA analyzed incentive payments, revealing that 64% of the 260 projects which
received incentive payments were expansions of existing Florida businesses rather than new
companies to the state. During the same review period, OPPAGA reported that almost half of
incentives were provided to businesses with over 1,000 employees.41

Employment of Businesses that have Received Incentives

37 Id. at 2.
38 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations
– Year 10, 2 (November 2022), available at https://oppaga.fl.gov/Documents/Reports/22 -06.pdf (last visited Mar. 13,
2023).
39 DEO, 2021-2022 Annual Incentives Report, p.2.
40 Id. at 5.
41 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations

– Year 10 supra n. 38, p.7.
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42

Tax Credits, Tax Refunds, Cash Grants

Qualified Target Industry Tax Refund Program

The Qualified Target Industry (QTI) Tax Refund Program was established in 1995 to attract new high
quality, high wage jobs for Floridians.43 Tax refunds are made to qualifying, pre-approved businesses
creating new jobs within Florida’s target industries. All QTI projects include a performance-based
contract with the state, which outlines specific milestones that must be achieved and verified by the
state prior to payment of refunds. Unless waived by the Department of Economic Opportunity, 20% of
the award must come from the local city or county government in which the project is located.44

A project must propose to create at least ten new jobs, or in the case of a business expansion, must
result in a net increase in employment of at least 10% at that business. The jobs proposed to be
created or retained must pay an average annual wage of at least 115% of the average private sector
wage in the area where the business is located, or the statewide private sector average wage. The
amount of the refund is based on the average wages paid by the business, number of jobs created, and
where in the state the eligible business chooses to locate or expand. The minimum tax refund is $3,000
per employee. Jobs created in rural communities and enterprise zones, as well as those paying higher
annual average wages, are eligible for more incentives.

The authority to certify new applicants for the QTI program expired on June 30, 2020, but existing tax
refund agreements continue in accordance with the contract terms. Based on current contracts, the
anticipated program end date is fiscal year 2037-38.45

The Office of Economic and Demographic Research (EDR) analyzes the Return on Investment (ROI) of
QTI every three years. For 2023, EDR reports that the ROI of the program does not break even at 0.23,
however, the state does recover a portion of the cost of the program.46 Furthermore, EDR indicates that
during the review process, DEO discovered a data error that was consistent through all prior review
periods. EDR analyzed the corrected data sets for prior review periods and published the following
chart with updated ROIs for each review period:

42 Id.
43 S. 288.061(1), F.S.
44 S. 288.106(2)(j), F.S.
45 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations

– Year 10 supra n. 38, p. 1.
46 Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development

Incentive Programs, 20 (February 2023), available at
http://edr.state.fl.us/Content/returnoninvestment/ROISELE CTP ROGRAMS2023final.pdf (last visited Mar. 13, 2023).
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47

Qualified Defense Contractor and Space Flight Tax Refund (QDSC)

In 1996, the Legislature implemented the Qualified Defense Contractor and Space Flight Business Tax
Refund Program (QDSC) to create and retain high quality, high wage jobs for Floridians in the defense
and space industries.48 Historically, the program was designed to protect the state’s defense
businesses and jobs from reductions in federal defense spending. 49 The program provides tax refunds
for job creation similar to those awarded through the Qualified Target Industry Tax Refund Program
(QTI). However, the programs differ in that tax refunds under the QDSC program are paid for both
created and retained jobs. In addition, QDSC program participation is limited to certain defense and
space flight contractors, while QTI includes a wider range of industries. 50 Incentive awards range from
$3,000 to $8,000 per job.51

QDSC tax refunds were provided to qualifying businesses bidding on new competitive contracts or
consolidating existing defense or space flight business contracts, converting defense production jobs to
nondefense production jobs, or reusing defense-related facilities. A business could not apply for the tax
refund after submitting a proposal or deciding to consolidate a defense or space flight contract.
Businesses seeking to qualify for the program were required to meet several requirements including
deriving not less than 60% of gross receipts in the state from defense or space flight business contracts
over the last fiscal year and over the five years preceding the date an application was submitted;
creating net new Florida jobs; paying an annual average wage of at least 115% of the average wage in
the area where the project was located; and providing a local government resolution of financial support
amounting to 20% of the total tax refund.

The QDSC program was a performance-based incentive tied directly to defense or space flight
business contracts. Businesses qualified for the program in three ways:
 Contract or subcontract consolidations that resulted in either a 25 percent increase in
employment or at least 80 new Florida jobs;
 Defense production conversion projects that resulted in a net increase in nondefense
employment at the applicant’s facilities in Florida; or
 Reuse projects that resulted in the creation of at least 100 jobs for contracts with a duration of
two or more years.52

A recent OPPAGA report recommends that the Legislature consider eliminating or modifying the QDSC
program, given that the program expired in 2014 and no businesses remain in the program. 53

47 Id.
48 S. 288.1045, F.S.
49 The 2008 Legislature amended the program to include space flight businesses (ch. 2008-89, Laws of Fla.).
50 According to state law, a program applicant is a business that holds or is a subcontractor under a valid U.S. Department

of Defense contract or space flight contract, or a business entity that holds a valid contract for the reuse of a defense-
related facility.
51 S. 288.1045, F.S. The per-job award increases from the $3,000 base when wages exceed 150 percent of the area or

statewide annual wage, and when projects are located in specified locations. These included a rural county, an Enterprise
Zone, or until 6/30/14, in any of the eight counties that were disproportionately affected by the BP Gulf Oil Spill: Bay,
Escambia, Franklin, Gulf, Okaloosa, Santa Rosa, Walton and Wakulla Counties. From 7/1/11 through 6/3 0/14, DEO could
waive wage or local financial support eligibility requirements for Disproportionately Affected Counties.
52 S. 288.1045, F.S.
53 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations

– Year 9, 7 (December 2021), available at https://oppaga.fl.gov/Documents/Reports/21-09.pdf (last visited Mar. 13, 2023).
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Brownfield Redevelopment Bonus Refund

The Brownfield Redevelopment Bonus Refund was established in 1997 to improve economic activity in
designated Brownfield areas.54 These areas are designated by the respective community for the
presence or perceived presence of economic blight or environmental contamination. Legislation passed
in 2013 changed the Brownfield Redevelopment Bonus Tax Refund requirements so that projects only
qualify if the project is either on a parcel designated as a Brownfield site or on any real property
abutting the Brownfield site within a Brownfield area. Prior to 2013, projects qualified if the development
was simply within a Brownfield area.

As with the QTI and QDSC programs, the Brownfield program requires 20 percent of the award to
come from the local government. These incentives are grant programs, subject to annual
appropriations. The Brownfield Redevelopment Bonus Refund allows eligible businesses to claim an
additional $2,500 tax refund per employee for each new Florida job created in a Brownfield area eligible
for bonus refunds.

Eligible businesses include: certified QTI businesses; businesses that can demonstrate a fixed capital
investment of at least $2 million in mixed-use business activities, including multiunit housing,
commercial, retail, and industrial in brownfield areas eligible for bonus refunds, and that provides
benefits to its employees.

As with other programs, the Brownfield program requires performance-based contracts and specific
milestones to be met in order for a project to receive awards.

Because DEO can no longer approve a qualified target industry business to be eligible for tax refunds
after DEO’s authority to certify applicants expired on June 30, 2020, DEO may also not currently
approve such business under the Brownfield Redevelopment Bonus Program. 55

EDR’s most recent analysis of the Brownfield program reflects an ROI of -0.89, indicating that for the
review period the State lost all of its investment and incurred additional costs. 56 This number reflects a
decrease from the 2020 review, when EDR reported an ROI of 1.51 for the program. 57

Urban High-Crime Area Job Tax Credit Program

In 1997, the Legislature created the program to encourage job creation in certain urban high-crime
areas. The Urban High-Crime Area Job Tax Credit Program provides job tax credits to businesses that
are in specified industries and are located in designated urban areas of the state.58 Businesses can use
the credits to reduce sales and use tax or corporate income tax liability.

Eligible industries include agriculture, forestry, and fishing; manufacturing; retail; public warehousing
and storage; hotels and other lodging places; research and development; motion picture production
and allied services; public golf courses; amusement parks, and call centers or similar customer service
operations that service multistate or international markets.59

54 S. 288.107, F.S.
55 Office of Program Policy Analysis and Government
Accountability, Florida Economic Development Program Evaluations
– Year 10 supra n. 38, p. 14.
56 Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development

Incentive Programs supra n. 46, p.22.
57 Id. at 5.
58 S. 212.097, F.S.
59 S. 212.097(1)(a), F.S.
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DEO is responsible for determining whether areas nominated by local governments are eligible for
designation as a high-crime area.60 Every third year, the department is statutorily required to rank and
tier nominated areas according to five criteria:61
 Highest arrest rates within the geographic area for violent crime and for such other crimes as
drug sale, drug possession, prostitution, vandalism, and civil disturbances.
 Highest reported crime volume and rate of specific property crimes such as business and
residential burglary, motor vehicle theft, and vandalism.
 Highest percentage of reported index crimes that are violent in nature.
 Highest overall index crime volume for the area.
 Highest overall index crime rate for the geographic area.

Designated urban high-crime areas are ranked into three tiers. There is no threshold level of crime that
qualifies or disqualifies an area for designation as an urban high-crime area; instead, nominees ranked
1 to 5 are tier one, those ranked 6 to 10 are tier two, and those ranked 11 to 15 are tier three. The tax
credit amount awarded to an eligible business varies depending on the tier ranking of the area in which
the business is located, whether the business is new or existing, and the number of qualified
employees. A qualified employee must work for an eligible business at least 36 hours per week for at
least three months.62

The maximum credit amount that may be approved during any calendar year is $5 million, of which $1
million shall be exclusively reserved for tier-one areas.64 The Department of Revenue, in conjunction
with the Department of Economic Opportunity, shall notify the governing bodies in areas designated as
urban high-crime areas when the $5 million maximum amount has been reached. Applications must be
considered for approval in the order in which they are received without regard to whether the credit is
for a new or existing business. This limitation applies to the value of the credit as contained in approved
applications. Approved credits may be taken in the time and manner allowed pursuant to this section.

Between 2014 and 2022, a handful of businesses accounted for over 90% of the approved tax credits.
Universal City Development Partners, LTD (i.e., Universal Studios) received the most approved credits
at over $6.5 million (54% of the tax credits approved).65 The top ten companies account for the majority
of the tax credits, as follows:66

60 OPPAGA, Research Memorandum, Urban High-Crime Area Job Tax Credit Program, p. 1 (January 5, 2015). The local
government must provide DEO the (a) overall index crime rate for the geographic area; (b) overall index crime volume for
the area; (c) percentage of reported index crimes that are violent in nature; (d) reported crime volume and rate of specific
property crimes such as business and residential burglary, motor vehicle theft, and vandalism; and (e) arrest rates within
the geographic area for violent crime and for such other crimes as drug sale, drug possession, prostitution, disorderly
conduct, vandalism, and other public-order offenses.
61 Id.
62 Id at 2.
63 S. 212.097(2)-(3), F.S.
64 S. 212.097(10)(c), F.S
65 Email from Emily Leventhal, Staff Director, Office of Program Policy Analysis & Government Accountability, RE:

Completed chart enclosed (Mar. 15, 2023).
66 Id.
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Top Ten Approved Urban High-Crime Area Job Tax Credits From 2014 Through 2022

Bl uegreen Vacations Unlimited, Inc., $100,500

Luxury Orl a ndo Imports, Inc., $106,500
Uni versal City
Development Pa rtners,
Li nca re, Inc., $118,500 LTD, $6,544,500

AFP 109 Corp., $120,000

Wi nter Pa rk Imports, $256,000

Publ ix Super Ma rkets, Inc., $616,000

Wa l -Mart Stores East, LP, $629,500 Goodwill
Industries,
$897,500

UCF Hotel Venture,
$2,638,500

Capital Investment Tax Credit

The Capital Investment Tax Credit (CITC) is designed to attract and grow capital-intensive industries in
Florida.67 Eligible projects must be in designated high-impact portions of certain sectors, determined by
DEO, including clean energy, life sciences, financial services, information technology, semi-conductors,
transportation equipment manufacturing, or advanced manufacturing. Corporate headquarters facilities
are also eligible.68 The annual credit can be provided for up to twenty years against corporate income
tax liability. DEO reported that $61,179,087 in tax credits were claimed in 2021, and $70,111,200 were
claimed in 2020.69

To apply for the CITC, a business must meet cumulative capital investment requirements, among other
criteria. For the purposes of the CITC tax credit “cumulative capital investment” is defined as the total
capital investment in land, buildings, and equipment made in connection with a qualifying project during
the period from the beginning of construction of the project to the commencement of operations.70

EDR projects the ROI for the CITC program at -0.48, which indicates that the State loses all of its
investment and incurs additional costs.71

New Markets Development Program

67 S. 220.191, F.S.
68 DEO, 2021-2022 Annual Incentives Report, p. 39.
69 Id. at 34.
70 S. 220.191(1)(b), F.S.
71 Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development
Incentive Programs supra n. 46, p.5.
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In 2009, the Legislature passed the New Markets Development Program Act (NMDP).72 The program,
which is modeled after the federal New Markets Tax Credit Program, allows taxpayers to earn credits
against specified taxes by making qualified investments in qualified community development entities
that, in turn, invest in businesses in low-income communities to create and retain jobs in such
communities.73

Qualified community development entities apply to DEO for approval of a proposed investment as a
qualified investment.74 A qualified community development entity is a federally-certified Community
Development Entity, which has entered into an allocation agreement with the U.S. Department of
Treasury with respect to tax credits and is authorized under the allocation agreement to serve Florida
businesses.75 A qualified investment is an equity investment in, or a long-term debt security issued by,
a qualified community development entity that is issued solely in exchange for cash and is approved by
DEO.76 Often, the equity investor will make its investment with the help of a loan.77

The applications, which DEO reviews and approves on a first-come first-serve basis,78 must include the
following:
 the name, address, and tax identification number of the qualified community development entity;
 proof of certification as a qualified community development entity under 26 U.S.C. s. 45D;
 a copy of an allocation agreement executed by the qualified community development entity, or
its controlling entity, and the Community Development Financial Institutions Fund, which
authorizes the entity to serve businesses in this state;
 a verified statement by the chief executive officer of the entity that the allocation agreement
remains in effect;
 a description of the proposed amount, structure, and purchaser of an equity investment or long-
term debt security;
 the name and tax identification number of any person authorized to claim a tax credit earned as
a result of the purchase of the proposed qualified investment;
 a detailed explanation of the proposed use of the proceeds from a proposed qualified
investment;
 a nonrefundable application fee of $1,000, payable to the department; and
 a statement that the entity will invest only in the industries designated by the department. 79

Once DEO has approved the qualified investment, the taxpayer is eligible to receive tax credits, and the
qualified community development entities can invest the proceeds received from the qualified
investment in a qualified active low-income community business (up to $10 million per qualified active
low-income community business).80 A qualified active low-income community business is a business
that, among other requirements, derives at least 50% of its total gross income from within a low-income
community.81 A low-income community means a population census tract within the state with a
particular poverty rate or average median family income (depending on where the tract is). 82

Taxpayers that make a qualified investment in qualified community development entities may receive
tax credits against the corporate income tax found in s. 220.11, F.S. or the insurance premium tax
found in s. 624.509, F.S. The taxpayer may not claim the credit in the first two years after the
investment. In year three after the investment, the credit is worth 7% of the qualified investment, and

72 Ch. 2009-50, Laws of Fla.
73 S. 288.9912, F.S.
74 S. 288.9914, F.S.
75 S. 288.9913(6), F.S.
76 S. 288.9913(7), F.S.
77 The loan allows the taxpayer to make a larger investment, to in turn receive a greater amount of tax credits through the

program. Current law does not dictate where the loan must come from. Accordingly, the loan may come from an affilia te of
the qualified active low income community business.
78 S. 288.9914(3), F.S.
79 S. 288.9914(2), F.S.
80 S. 288.9915, F.S.
81 S. 288.9913(5), F.S.
82 S. 288.9913(3), F.S
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from the fourth year through the seventh year the credit is worth 8%. As in the federal program, over
seven years the credit totals 39% of the total qualified investment in the qualified community
development entity. Therefore, a taxpayer with qualified investments approved for both the federal and
state programs could receive 78% of the purchase price of the investment in tax credits over seven
years. 83

Any unused portion of the tax credit may be carried forward for future tax years. The department may
not approve a cumulative amount of qualified investments that may result in the claim of more than
$216.34 million in tax credits during the existence of the program or more than $36.6 million in tax
credits in a single state fiscal year.84

Qualified community development entities must follow certain time limits relating to qualified investment
applications and issuance: 85
 The department must approve or deny an application for a proposed investment to become a
qualified investment within thirty days after receipt. If the department intends to deny an
application, the department must inform the applicant of the basis of the proposed denial. The
applicant then has fifteen days after it receives such notice to submit a revised application to the
department. The department must issue a final order approving or denying the revised
application within thirty days after receipt of the revised application.
 A qualified community development entity must issue a qualified investment in exchange for
cash within sixty days after it receives the order approving an investment as a qualified
investment.
 A qualified community development entity must provide the department with evidence of the
receipt of the cash they received in exchange for the qualified investment within thirty business
days after receipt.
 Within thirty days after a credit allowance date, a qualified community development entity that
has issued a qualified investment shall submit extensive information to the department relating
to all investments they made in qualified active low-income community businesses since the last
credit allowance date.

Section 288.9918, F.S., requires qualified community development entities that have issued a qualified
investment to submit an annual report to the department by January 31 after the end of each year that
includes a “credit allowance date,” or date on which a qualified investment is made and the six
subsequent anniversaries of that date. In addition, by April 30 after the end of each year that includes a
credit allowance date, each qualified community development entity shall submit to the department
annual financial statements for the preceding tax year, audited by an independent certified public
accountant.86

Section 288.9922, F.S., provides that the New Markets Development Program expired on December
31, 2022.

The ROI for the New Markets Development Program is -0.98, indicating that the state lost all of its
investment in the program and incurred additional costs. 87

High-Impact Sector Performance Incentive

The High Impact Performance Incentive (HIPI) 88 grant program is designed to spur capital investment
and job creation in designated portions of high-impact sectors including clean energy, life sciences,
financial services, information technology, silicon technology, transportation equipment manufacturing,

83 See s. 288.9916(1), F.S.
84 S. 288.9914(3)(c),F.S.
85 S. 288.9914(3), F.S.
86 S. 288.9918(2), F.S.
87 Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development

Incentive Programs supra n. 46, p.5.
88 S. 288.108, F.S.
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or a corporate headquarters facility.89 This performance-based cash award is paid in two equal
installments, one upon commencement of operations and the other upon commencement of full
operations.90 The program has an annual cap of $30 million for scheduled performance grant
payments.91 This program authorizes the recapture of funds if a business fails to meet its contractual
performance requirements. Currently, the DEO “certifies” a qualified high impact business for program
participation.

An “eligible high-impact business” is a business in one of the high-impact sectors identified by EFI, and
certified by DEO, which is making a cumulative investment in the state of at least $50 million and
creating at least fifty new full-time equivalent jobs, or a research and development facility making a
cumulative investment of at least $25 million and creating at least twenty-five new full-time equivalent
jobs. Such investment and employment must be achieved in a period not to exceed three years after
the date the business is certified as a qualified high-impact business.92

DEO reviews the application before the business has made a decision to locate or expand a facility in
this state. The business must provide the following information:

 A complete description of the type of facility, business operations, and product or service
associated with the project.
 The number of full-time equivalent jobs that will be created by the project and the average
annual wage of those jobs.
 The cumulative amount of investment to be dedicated to this project within three years.
 A statement concerning any special impacts the facility is expected to stimulate in the sector,
the state, or regional economy and in state universities and community colleges.
 A statement concerning the role the grant will play in the decision of the applicant business to
locate or expand in this state.
 Any additional information requested by the department. 93

Amounts of the awards vary based on certain guidelines used by DEO in conjunction with other
relevant applicant impact and cost information and analysis. The awards can range anywhere from
$500,000 for a cumulative investment of $50 million and creating 50 jobs to $12 million for a cumulative
investment of $800 million and creating 800 jobs.94

Within ten business days after DEO receives the submitted High-Impact Sector Performance Incentive
application, the executive director of DEO must approve or disapprove the application and issue a letter
of certification which includes a justification of that decision, unless the business requests an extension
of that time. DEO has the authority to grant awards to qualifying High-Impact Sector Performance
Incentive projects without approval by the Governor or Legislative Budget Commission (LBC).95

For fiscal year 2021-2022, DEO reports that it did not receive any applications for the HIPI program,
thus, no applications were approved and no agreements were executed. 96

EDR reports an ROI of -0.79 for the HIPI Program, which mean that the State lost all of its investment
and incurred additional costs.97

Quick Action Closing Fund

89 DEO, 2021-2022 Annual Incentives Report, p. 38.
90 Id.
91 S. 288.108(4)(a), F.S.
92 S. 288.108(2)(c), F.S.
93 S. 288.108(5), F.S.
94 S. 288.108(3)(b), F.S.
95 S. 288.108(3)-(5), F.S.
96 DEO, 2021-2022 Annual Incentives Report, p. 9.
97 Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development

Incentive Programs supra n. 46, p.5.
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The Quick Action Closing Fund (QAC) was created in 1999 as a discretionary “deal closing” tool in
highly competitive negotiations where the state’s traditional incentives are not enough to compel a
business to relocate, initiate, or expand a project in Florida.98 The program was created in reaction to
the announcement that the space shuttle program was being discontinued by NASA with expected job
losses that would negatively impact families, companies, the state, and regional economies.99

Under current law, in order to be eligible for QAC funds a project must meet the following criteria:
 Be in a qualified target industry;
 Have a positive economic benefit ratio of at least 5 to 1;
 Pay an average annual wage of at least 125 percent of the area-wide or statewide private
sector average wage; and
 Be supported by the local community in which the project is to be located. 100

DEO and EFI jointly review applications 101 and determine the eligibility of each project. Waiver of the
criteria may be considered under the following criteria:
 Based on extraordinary circumstances;
 In order to mitigate the impact of the conclusion of the space shuttle program; or
 In rural areas of opportunity if the project would significantly benefit the local or regional
economy.102

DEO is required to evaluate proposals for high-impact business facilities based on the following:
 a description of the type of facility or infrastructure, its operations, and the product or service
associated with the facility;
 the number of full-time equivalent jobs that will be created by the facility and the total estimated
average annual wages of those jobs;
 the cumulative amount of capital investment to be made in the facility;
 a statement of any special impacts the facility is expected to stimulate in a particular business
sector in the state or region or in the state’s universities or colleges;
 a statement of the role the award will play in the decision of the company to locate or expand in
the state; and
 a report evaluating the quality and value of the company submitting the proposal.103

Within seven business days of evaluating a project, DEO must recommend to the Governor that a
project be approved or disapproved for an award. The Governor is authorized to award projects less
than $2 million without Legislative approval. For project awards between $2 million and $5 million, the
Governor must provide a written description and evaluation of a project award to the chair and vice
chair of the LBC at least ten days prior to giving final approval for a project award. Project awards over
$5 million must be approved by the LBC prior to funds being released. Following approval, DEO is
required to enter into a contract with the business which specifies the conditions for payment of
funds.104 The contract must include the total amount of funds awarded, the performance conditions for
the project,105 a baseline of current service with a measure of enhanced capability following the project,
methodology for measuring performance, the schedule of payments, and sanctions for failure to meet
performance conditions.106

98 S. 288.1088, F.S.
99 S. 288.1088(1)(b), F.S.
100 S. 288.1088(2), F.S.
101 S. 288.061, F.S.
102 S. 288.1088(2), F.S.
103 S. 288.1088(3), F.S.
104 S. 288.1088(3)(d), F.S.
105 Performance conditions include net new employment in the state, average salary, and total capital investment. See s.

288.1088(3)(d), F.S.
106 S. 288.1088(3)(d), F.S.
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The program is funded by a specific annual appropriation, and has no cap. DEO reports that the Quick
Action Closing Fund was last funded in 2015-16. Additionally, the report stated that DEO did not
receive any applications for the program.107

Innovation Incentive Program

The Innovation Incentive Program (IIP) 108 was established in 2006 to provide financial resources so
that the state can “respond expeditiously to extraordinary economic opportunities and to compete
effectively for high-value research and development, innovation business, and alternative and renewal
energy projects.” To be eligible for consideration to receive an IIP award, an innovation business, a
research and development entity, or an alternative and renewable energy company must submit a
written application to DEO before making a decision to locate new operations in the state or expand an
existing operation in the state.

To qualify for review by DEO, the applicant must establish that the jobs created by the project must pay
an estimated annual wage of at least 130% of the average private sector wage and state awards must
be matched by local sources. IIP performance contracts also include a reinvestment requirement,
obliging recipients to remit a portion of their royalty revenue back to the state for reinvestment. 109

DEO is authorized to waive the average wage requirement and the one-to-one match from the local
community at the request of EFI, for a project located in a rural area, a brownfield area, or an enterprise
zone, when the merits of the individual project or the specific circumstances in the community in
relationship to the project warrant such action.

DEO must make a recommendation to the Governor to approve or deny an Innovation Incentive
Program award. If the project is recommended, DEO must include in their recommendation proposed
performance conditions that the applicant must meet in order to obtain incentive funds and any other
conditions that are required to be met before the receipt of any incentive funds. The Governor must
approve or deny the award based on the valuation and recommendation received from DEO, and
consult with the President of the Senate and the Speaker of the House of Representatives prior to
approving an award. The funds may not be released until the award has been reviewed and approved
by the LBC.110

Upon approval, DEO and the award recipient must enter into an agreement that specifies the amount of
the award, the performance conditions and measures, and a schedule of payments and sanctions for
failure to comply with performance conditions, including claw back provisions. Agreements signed on or
after July 1, 2009, must also include, among other things, provisions related to job creation,
reinvestment of royalty revenues, reporting requirements, and a process for amending the
agreement.111

DEO has not received an appropriation for the program since fiscal year 2011-12, and the last
approved gran under the IIP was at that time.112

Cooperative Matching Grants Program

Under current law, EFI is authorized to administer a cooperative matching grants program to expend
funds and enter into contracts with local governments and nonprofit corporations for the purpose of
promoting the tourism advantages of the state.113 The total annual allocation of funds for the program

107 DEO, 2021-2022 Annual Incentives Report, p. 9.
108 S. 288.1089, F.S.
109 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program

Evaluations – Year 10 supra n. 38, p. 18.
110 S. 288.1089(7), F.S.
111 S. 288.1089(8), F.S.
112 Office of Program Policy Analysis and Government Accountabilit y, Florida Economic Development Program

Evaluations – Year 10 supra n. 38, p. 1.
113 S. 288.017(1), F.S.
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may not be more than $40,000, and each grant award is limited to $2,500. Each grant award must be
matched by nonstate funds.114 EFI is required to conduct an annual competitive selection process for
the grants and make recommendations to DEO regarding potential grant recipients, however, DEO has
ultimate approval authority for the grant program.115

Sports Programs

Florida Sports Foundation
EFI is responsible for assisting and marketing professional and amateur sports teams and sporting
events in Florida and is required to create a division to carry out such responsibility. 116 The Florida
Sports Foundation, Inc. (FSF) is a 501(c)(3) non-profit corporation, serving as the official sports
promotion and development organization for the State of Florida. It is charged with the promotion and
development of professional, amateur, and recreational sports, physical fitness opportunities, and
assisting communities and host organizations in attracting major and minor sports events to help
produce a thriving Florida sports industry and environment.

The 1989, the Legislature provided that the Office of Tourism, Trade, and Economic Development
(OTTED) could authorize a “direct support organization” to assist the office with a number of sports
related responsibilities. The direct-support organization that ultimately fulfilled such role was the FSF.

In 2011, when Florida lawmakers reorganized certain governmental agencies to create the Department
of Economic Opportunity (which, among other responsibilities, took over the operations of OTTED), the
statute providing for the direct support organization (s. 288.1229, F.S.) was repealed.117 EFI continued
as the official sports promotion and development organization for the state and the FSF is currently
housed within EFI and serves as EFI’s Division of Sports Industry Development. The FSF’s stated
mission is to:
 Provide grants to support sporting events that bring out-of-state visitors to Florida;
 Produce and distribute annual golf, fishing and boating, and baseball spring training guides for
both in-state and out-of-state tourists; and
 Organize the annual Sunshine State Games, an Olympic-style festival for Floridians of all ages,
and the Florida Senior Games State Championships for senior athletes, age 50 and over. 118

International Game Fish Association World Center

The International Game Fish Association (IGFA) is a nonprofit organization founded in 1939 that
focuses on the conservation of game fish and the promotion of responsible and ethical angling
practices. The association is currently headquartered in Dania Beach, Florida.

In 1996, the Florida Legislature created a funding program for the IGFA to build and maintain its “World
Center” facility in Florida.119 The program required the IGFA to apply for and receive certification from
DEO, which the IGFA accomplished in February, 2000. 120

IGFA received funding after initially meeting the following requirements:
 The IGFA World Center must be the only fishing museum, hall of fame, and international
administrative headquarters in the U.S. recognized by the IGFA, and that one or more private
sector entities committed to donate to the IGFA land upon which the facility will operate;
 IGFA is a nonprofit Florida corporation that has contracted to construct and operate the facility;
 The municipality or county (if located in an unincorporated area) in which the facility is located
has passed a resolution that states the facility serves a public purpose;

114 S. 288.017(2), F.S.
115 S. 288.017(3), F.S.
116 Ss. 288.901 and 288.9015, F.S.
117 Ch. 2011-142, Laws of Fla.
118 Florida Sports Foundation, ABOUT US, https://playinflorida.com/about-us/ (last visited Mar. 13, 2023).
119 Ch. 96-415, Laws of Fla.
120 OPPAGA, Report No. 15-01, Economic Development Program Evaluations-Year 2, at 52 (Jan. 1, 2015).
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DATE: 3/15/2023
 There are existing projections that the facility and co-located privately-owned facilities will attract
an attendance of more than 1.8 million annually;
 There is an independent analysis which demonstrates that the amount of sales tax generated
by sales at the facility will at least equal $1 million annually;
 There are existing projections that the project will attract more than 300,000 out-of-state visitors
annually;
 The applicant has submitted an agreement to provide $500,000 annually in national and
international media promotion of the facility during the period of time that it receives state funds;
 Documentation exists that demonstrates the applicant has provided, or is capable of providing,
more than one-half of the cost related to the improvements and the development of the facility;
and
 The application for certification is signed by senior officials of the IFGA and is notarized
according to state law. 121

In addition, Florida law required the World Center to be recertified every ten years by demonstrating
that it was open, continued to be the only international administrative headquarters, fishing museum,
and hall of fame in the country recognized by the IGFA, and was meeting at least one of the minimum
projections established at the time of original certification: 300,000 annual visitors or $1 million in
annual sales tax revenue.122

Upon the granting of certification, the Department of Revenue distributed a lump sum payment of
$999,996 to the IGFA and $83,333 per month thereafter for up to 168 months (for a total of
$13,999,944). The state made its last disbursement to the facility in February 2014.123

Professional Sports Franchise Program

Authorized by the Legislature in 1988, the Professional Sports Franchise incentive is the state’s funding
mechanism to attract and retain pro sport franchises in Florida. Since 1991, qualified/certified
applicants are eligible for up to $2 million annually for 30 years. These dollars are pledged with other
local government resources to secure bonds to fund the acquisition, construction, reconstruction or
renovation of pro sport facilities.124

State law provides certification and state funding for new or retained professional sports franchises in
Florida to pay for acquiring, constructing, reconstructing, or renovating facilities. DEO is responsible for
screening and certifying applicants for state funding, and the FSF provides access to information about
the program.

“New professional sports franchise” means a professional sports franchise that was not based in this
state before April 1, 1987. “Retained professional sports franchise” means a professional sports
franchise that has had a league-authorized location in this state on or before December 31, 1976, and
has continuously remained at that location, and has never been located at a facility that has been
previously certified under any provision of this section. 125

Before certifying an applicant as a facility for a new or retained professional sports franchise, DEO must
determine that:
 A “unit of local government” as defined in s. 218.369, F.S., is responsible for the construction,
management, or operation of the professional sports franchise facility or holds title to the
property on which the professional sports franchise facility is located.
 The applicant has a verified copy of a signed agreement with a new professional sports
franchise for the use of the facility for a term of at least 10 years, or in the case of a retained
professional sports franchise, an agreement for use of the facility for a term of at least 20 years.

121 S. 288.1169(2), F.S.
122 Id.
123 OPPAGA, Report No. 15-01 supra n. 120, p. 52.
124 S. 288.1162, F.S.
125 S. 288.1162(3), F.S.
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 The applicant has a verified copy of the approval from the governing authority of the league in
which the new professional sports franchise exists authorizing the location of the professional
sports franchise in this state after April 1, 1987, or in the case of a retained professional sports
franchise, verified evidence that it has had a league-authorized location in this state on or before
December 31, 1976. As used in this section, the term “league” means the National League or
the American League of Major League Baseball, the National Basketball Association, the
National Football League, or the National Hockey League.
 The applicant has projections, verified by DEO, which demonstrate that the new or retained
professional sports franchise will attract a paid attendance of more than 300,000 annually.
 The applicant has an independent analysis or study, verified by DEO, which demonstrates that
the amount of the revenues generated by the taxes imposed under chapter 212 with respect to
the use and operation of the professional sports franchise facility will equal or exceed $2 million
annually.
 The municipality in which the facility for a new or retained professional sports franchise is
located, or the county if the facility for a new or retained professional sports franchise is located
in an unincorporated area, has certified by resolution after a public hearing that the application
serves a public purpose.
 The applicant has demonstrated that it has provided, is capable of providing, or has financial or
other commitments to provide more than one-half of the costs incurred or related to the
improvement and development of the facility.
 An applicant previously certified under any provision of this section who has received funding
under such certification is not eligible for an additional certification.126

No more than eight facilities can be certified as facilities for a new professional sports franchise or as
facilities for a retained professional sports franchise, including in the total any facilities certified by the
former Department of Commerce before July 1, 1996, and no more than one certification may be
granted for any facility.127

Currently, under s. 218.64(3), F.S., counties may use up to $3 million annually of the local government
half-cent sales tax allocated to that county for a number of purposes, including, as specified in s.
218.64(3)(a), F.S., “funding a certified applicant as a facility for a new or retained professional sports
franchise under s. 288.1162, F.S., or a certified applicant as defined in s. 288.11621, F.S., for a facility
for a spring training franchise.”128

Under s. 212.20(6)(b), F.S., DEO distributes:
 $166,667 monthly to each applicant certified as a facility for a new or retained professional
sports franchise pursuant to s. 288.1162, F.S., and
 Up to $41,667 monthly to each certified applicant as defined in s. 288.11621, F.S., for a facility
for a spring training franchise.129

Distributions begin 60 days after such certification and continue for not more than 30 years, except as
otherwise provided in s. 288.11621, F.S. An applicant certified as a facility for a new or retained
professional sports franchise may use funds provided under s. 212.20, F.S., only for the public purpose
of paying for the acquisition, construction, reconstruction, or renovation of a facility for a new or
retained professional sports franchise to pay or pledge for the payment of debt service on, or to fund
debt service reserve funds, arbitrage rebate obligations, or other amounts payable with respect to,
bonds issued for the acquisition, construction, reconstruction, or renovation of such facility or for the
reimbursement of such costs or the refinancing of bonds issued for such purposes. 130

Spring Training Baseball Franchise Program

126 S. 288.1162(4), F.S.
127 S. 288.1162(6), F.S.
128 S. 218.64(3), F.S.
129 S. 212.20(6)(a), F.S.
130 S. 288.1162(5), F.S.
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The Spring Training Baseball Franchise incentive is the state’s funding mechanism to attract and retain
facilities for Major League Baseball (MLB) spring training in Florida. Qualified applicants are eligible for
up to $500,000 annually for up to 30 years. These dollars are typically pledged with designated Tourist
Development Tax revenue and other local government resources to secure bonds to fund the
acquisition, construction, reconstruction or renovation of spring training facilities.

In 1991, the law establishing incentives to attract professional franchises to the state was significantly
revised and expanded to include an incentive for spring training baseball franchises. Certification
criteria for the spring training franchise incentive included a commitment by the franchise to use the
facility for fifteen years, projections for paid attendance (at least 50,000 annually), demonstration of the
financial capability to provide more than one-half of the costs incurred or related to the improvement or
development of the facility, proof that the facility was located within 20 miles of an interstate or other
limited-access highway system, and a requirement that the county levy a four-percent Tourist
Development Tax, with 87.5% of the proceeds dedicated for the construction of the complex.131 This
law also limited the total number of awards for both the professional sports franchises and new spring
training franchises to six, and prohibited facilities from receiving more than one award.

In 1999, the Legislature extended the use of the Professional Sports and Additional Professional Sports
Tourist Development Taxes to fund debt service on spring training franchise facilities. 132 At that point,
no local governments had applied for the incentive. In 2000, the law was amended to limit the incentive
to “retained” rather than “new” spring training franchises; delete the requirement that the facility be
located within 20 miles of an interstate or other limited-access highway system; establish ranking
criteria for awards;133 and limit the awards to publicly-owned facilities, authorized for in-state
relocations.134

In 2006, the number of authorized awards for spring training facilities was expanded to ten, with the
imposition of additional certification criteria. Counties were authorized to use up to $2 million of their
local option half-cent sales tax revenues annually to fund facilities for new or retained professional
sports franchises and facilities for retained spring training franchises. 135 Finally, the scope of the
incentive was expanded in 2010, to include any spring training franchise rather than only “retained”
spring training franchises.136

Before certifying an applicant to receive state funding for a facility for a spring training franchise, DEO
must verify that:
 The applicant is responsible for the acquisition, construction, management, or operation of the
facility for a spring training franchise or holds title to the property on which the facility for a
spring training franchise is located.
 The applicant has a certified copy of a signed agreement with a spring training franchise for the
use of the facility for a term of at least 20 years. The agreement also must require the franchise
to reimburse the state for state funds expended by an applicant under this section if the
franchise relocates before the agreement expires. The agreement may be contingent on an
award of funds under this section and other conditions precedent.

131 Ch. 91-274, Laws of Fla.
132 Ch. 99-287, Laws of Fla.
133 EDR, Return on Investment for the Florida Sports Foundation Grants and Related Programs, p. 21. (January 2015).
134 Ch. 2000-186, Laws of Fla.
135 Ch. 2006-262, Laws of Fla.
136 Ch. 2010-140, Laws of Fla. (with provisions relating to the spring training incentive were transferred from s. 288.1162

to newly created s. 288.11621, F.S.)
137 S. 218.64(3), F.S.
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 The applicant has made a financial commitment to provide 50 percent or more of the funds
required by an agreement for the acquisition, construction, or renovation of the facility for a
spring training franchise. The commitment may be contingent upon an award of funds under this
section and other conditions precedent.
 The applicant demonstrates that the facility for a spring training franchise will attract a paid
attendance of at least 50,000 annually to the spring training games.
 The facility for a spring training franchise is located in a county that levies a tourist development
tax under s. 125.0104.138

Each applicant certified since July 1, 2010, enters into an agreement that:
 Specifies the amount of the state incentive funding to be distributed.
 States the criteria that the certified applicant must meet in order to remain certified.
 States that the certified applicant is subject to decertification if the certified applicant fails to
comply with this section or the agreement.
 States that DEO may recover state incentive funds if the certified applicant is decertified.
 Specifies information that the certified applicant must report to DEO.
 Includes any provision deemed prudent by DEO.139

A certified applicant may use funds provided under s. 212.20(6)(d)(6)(b), F.S., to:
 Serve the public purpose of acquiring, constructing, reconstructing, or renovating a facility for a
spring training franchise.
 Pay or pledge for the payment of debt service on, or to fund debt service reserve funds,
arbitrage rebate obligations, or other amounts payable with respect thereto, bonds issued for
the acquisition, construction, reconstruction, or renovation of such facility, or for the
reimbursement of such costs or the refinancing of bonds issued for such purposes.
 Assist in the relocation of a spring training franchise from one unit of local government to
another only if the governing board of the current host local government by a majority vote
agrees to relocation. 140

Additionally, state funds awarded to a certified applicant for a facility for a spring training franchise may
not be used to subsidize facilities that are privately owned, maintained, and used only by a spring
training franchise.141 The expenditure of state funds distributed to a certified applicant, must begin
within 48 months after the initial receipt of the state funds, with the additional requirement of the
construction of, or capital improvements to, a spring training facility being completed within 24 months
after the project’s commencement.142

Major League Baseball Spring Training Retention Program

Section 288.11631, F.S., authorizes local governments that partner with a spring training baseball
franchise to apply for certification from DEO to receive state distributions for the purpose of renovating
or constructing a spring training baseball facility.143

Certified applicants receive a distribution from state sales tax revenue of up to $83,333 per month for
20 years for a facility used by a single spring training franchise facility or up to $166,667 per month for
25 years for a facility used by more than one spring training franchise. 144 The amount of state incentive
funding per certified applicant may not exceed $20 million if the applicant’s facility is used by one
franchise and $50 million if the applicant’s facility is used by more than one franchise. 145

138 S. 288.11621(2)(a), F.S.
139 S. 288.11621(2)(c), F.S.
140 S. 288.11621(3)(a), F.S.
141 S. 288.11621(3)(b), F.S.
142 S. 288.11621(3)(d)(3), F.S.
143 S. 288.11631(1)-(2), F.S.
144 S. 212.20(6)(d)(6)(e), F.S.
145 S. 288.11631(2)(c), F.S.
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Section 288.11631, F.S., which became law in 2013, mostly mirrors the provisions of s. 288.11621,
F.S. The differences between the sections include:
 The agreement must be for a minimum of the length of the term of the bonds issued for the
construction or renovation of the facility, or if no such bonds are issued, at least 20 years.
 A new agreement may not be signed unless the previous agreement, if any, is within 4 years of
expiring.
 There is no limit to the number of applicants which may be certified.
 The net increase in recreational areas represented by the facility is not considered in the
evaluation process.
 The amount of state funding provided in the agreement between the applicant and DEO may
not exceed $20 million, or if the applicant hosts 2 or more franchises, $50 million.
 Funds provided as a result of certification under this section may not be used to acquire or
reconstruct a facility, or to assist a franchise in moving from one local government to another.

Motorsports Entertainment Complex

The motor sports entertainment complex incentive provides funding for the construction or expansion of
motor sports entertainment complexes. A motorsports entertainment complex is a closed course racing
facility.146 DEO screens applications for the program. Before certifying an applicant, DEO must
determine that:
 A unit of local government holds title to the land on which the motorsports entertainment
complex is located or holds title to the motorsports entertainment complex.
 The municipality in which the motorsports entertainment complex is located, or the county if the
complex is located in an unincorporated area, has certified by resolution that the complex
serves a public purpose.147

An applicant certified as a motorsports entertainment complex may receive funding from the local
government half-cent sales tax pursuant to s. 218.64, F.S. Similar to other sports programs, counties
may use up to $3 million annually of the local government half-cent sales tax allocated to that county
for a number of purposes, including a motor sports entertainment complex. 148 Funding for each
motorsport complex shall begin 60 days after certification and shall continue for not more than 30
years.149

Per OPPAGA’s most recent review of the sports related economic development programs, the
Motorsports Entertainment Complex has not had any applicants or funds dispersed since the program’s
inception.150

Florida Sports Specialty License Plates

Florida law authorizes the Legislature to create “specialty” license plates that are available to any
owner or lessee of a motor vehicle willing to pay an annual fee.151 The collected fees are distributed by
the Department of Highway Safety and Motor Vehicles (DMSMV) to statutorily designated
organizations in support of a particular cause or charity. With respect to specialty license plates related
to sports, the DHSMV distributes collected fees to EFI, which in turn administers the fees as statutorily
directed. Currently, such sports-related specialty license plates include the following:
 the Florida United States Olympic Committee license plate;
 Florida Professional Sports Team license plates;
 the Florida Golf license plate;
 the Florida NASCAR license plate; and

146 S. 288.1171(1), F.S.
147 S. 288.1171(3), F.S.
148 S. 218.64(3), F.S.
149 Id.
150 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program

Evaluations – Year 8 supra n. 31, p. 35.
151 S. 320.08058, F.S.
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 the Florida Tennis license plate.

Entertainment Industry Incentives

Office of Film and Entertainment

The Office of Film and Entertainment (OFE) within the DEO develops, markets, promotes, and provides
services to Florida’s entertainment industry, including serving as a liaison between the industry and
government entities and facilitating access to filming locations. 152 The Commissioner of Film and
Entertainment is selected through a national search and must meet certain qualifications. The OFE is
assisted by the Florida Film and Entertainment Advisory Council (council), which is composed of
seventeen members, of which seven members are appointed by the Governor, and five members each
are appointed by the President of the Senate and the Speaker of the House of Representatives. 153

The OFE gathers statistical information related to the state’s entertainment industry; provides
information and services to businesses, communities, organizations, and individuals engaged in
entertainment industry activities; administers field offices outside the state; and coordinates with
regional offices maintained by counties and regions of the state. The OFE is also required to develop a
five-year strategic plan to guide its activities, which is updated on an annual basis and aligns with the
DEO’s Strategic Plan for Economic Development. The OFE’s mission is to build, support, and market
the entertainment industry in Florida.

Entertainment Industry Incentive Programs

In 2003, the Legislature created the Entertainment Industry Financial Incentive Program, 154 which is a
six-year program that began July 1, 2010, and the program expired on July 1, 2016. The program
provided tax credits for qualified expenditures related to filming and production activities in Florida.
These tax credits could be applied against the corporate income tax or sales and use taxes.
Additionally, these tax credits could be transferred or sold one time.155

Over the six-year period, a total of $296 million in tax credits were authorized. Annual limitations for tax
credits were set at:
 $53.5 million in Fiscal Year 2010-11;
 $74.5 million in Fiscal Year 2011-12; and
 $42 million in each Fiscal Year 2012-13, 2013-14, 2014-15, and 2015-16.156

Entertainment industry qualified production companies are eligible for several exemptions from taxes
under ch. 212, F.S. A qualified production company can obtain a certificate to avoid paying tax at the
point of sale, rather than claiming a refund after paying the tax.157 Qualified production companies are
exempt from paying sales tax for the following:
 Lease or rental of real property that is used as an integral part of an activity or service
performed directly in connection with the production of a qualified motion picture (the term
“activity or service” includes photography, casting, location scouting, and designing sets). 158
 Fabrication labor when a producer uses his or her own equipment and personnel to produce a
qualified motion picture.159

152 S. 288.1251, F.S.; see also Florida Office of Film & Entertainment, http://filminflorida.com/ (last visited Mar. 13, 2023).
153 S. 288.1252, F.S.
154 S. 288.1254, F.S. See ch. 2003-81, Laws of Fla. In 2010, the incentive program was changed from a cash

reimbursement type program to the current form. See ch. 2010-147, Laws of Fla.
155 Also, tax credits may be relinquished to the Department of Revenue for 90% of the amount of the relinquished tax

credit.
156 S. 288.1254(7), F.S. In 2012, an additional year was added to the program. See s. 15, Ch. 2012-32, Laws of Fla.
157 S. 288.1258, F.S.
158 S. 212.031(1)(a)(9), F.S.
159 Section 212.06(1)(b), F.S., provides a definition of the term “qualified motion picture” for purposes of ch. 212, F.S.
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 Purchase or lease of motion picture and video equipment and sound recording equipment used
in Florida for motion picture or television production or for the production of master tapes or
master records.160
 Sale, lease, storage, or use of blank master tapes, records, films, and video tapes.161

The OFE reviews and approves applications for the exemptions and the Department of Revenue
(DOR) issues certificates of exemption to the production companies.

Other Programs

Economic Gardening

In 2009, the Florida Legislature created the “Economic Gardening Technical Assistance Pilot Program”
and “Economic Gardening Business Loan Pilot Program” to stimulate investment in Florida’s economy
by providing technical assistance and loans to expanding businesses in the state, respectively.162

The technical assistance program provides an avenue through which eligible companies can receive
counseling services, access to technology and information, marketing services and advice, business
management support, and other similar services.163 To carry out the program, DEO contracted with the
University of Central Florida (UCF), which in turn established the Florida Economic Gardening Institute
or “GrowFL.”164

To be eligible for assistance through GrowFL, a business must be a for-profit, privately held,
investment-grade business that:
 employs at least ten persons but not more than fifty persons;
 has maintained its principal place of business in the state for at least the previous two years;
 generates at least $1 million but not more than $25 million in annual revenue;
 qualifies for the tax refund program for qualified target industry businesses under s. 288.106,
F.S.; and
 has increased both its number of full-time equivalent employees in this State and its gross
revenues during three of the previous five years.165

The loan program expired on July 1, 2016.166

Microfinance Loan Guarantee Program

The Microfinance Loan Guarantee Program is designed to stimulate access to credit for entrepreneurs
and small businesses by providing guarantees for loans made to eligible entrepreneurs and small
businesses. Microloan guarantees may be used for any allowable business purpose such as startup
costs, working capital, and the acquisition of materials, supplies, furniture, fixtures, and equipment.
Loan guarantees cannot exceed 50 percent of the total loan amount, and are limited to loans that range
between $50,000 and $250,000.167

Economic Development Transportation Projects

The Economic Development Transportation Projects (Road Fund) is a grant fund administered by the
Department of Transportation (DOT). Section 339.2821, F.S., provides for DOT, in consultation with

160 S. 212.08(5)(f),F.S.
161 S. 212.08(12), F.S.
162 Ss. 288.1081 and 288.1082, F.S.
163 S. 288.1082(2), F.S.
164 DEO, 2015‐ 2016 Annual Incentives Report Page, p. 19.
165 S. 288.1082(4), F.S.
166 S. 288.1081(10), F.S.
167 S. 288.9935, F.S.
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DEO and EFI, to make and approve expenditures and contract with governmental bodies 168 for the
direct costs of transportation projects.169

DOT, in consultation with DEO, reviews each transportation project for approval and funding.
Transportation projects must be deemed “necessary to facilitate the economic development and growth
of the state”170 and the review must consider:
 The cost per job created or retained considering the amount of transportation funds requested;
 The average hourly rate of wages for jobs created;
 The reliance on any program as an inducement for determining the transportation project’s
location;
 The amount of capital investment to be made by a business;
 The demonstrated local commitment;
 The location of the transportation project in an enterprise zone as designated in s. 290.0055,
F.S.;
 The location of the transportation project in a spaceport territory as defined in s. 331.304, F.S.;
 The unemployment rate of the surrounding area; and
 The poverty rate of the community.171

DOT must approve a transportation project if it determines that the project will:
 Attract new employment opportunities to the state or expand or retain employment in existing
companies operating within the state.
 Allow for the construction or expansion of a state or federal correctional facility in a county
having a population of 75,000 or fewer which creates new employment opportunities or expands
or retains employment in the county.172

The Road Fund is funded by the State Transportation Trust Fund. 173 The amount appropriated for this
transfer varies from year to year. In 2012, the Legislature moved oversight of the fund from the DEO to
DOT.

Funds for approved transportation projects may be used for expenses that are necessary for building
new, or improving existing, transportation facilities, as well as administrative costs and equipment
purchases specified in the contract. Funds may not be expended for the relocation of a business from
one community to another community within the state unless DOT determines that, without the
relocation, the business will move outside the state or determines that the business has a compelling
economic reason for the relocation, such as creating additional jobs. 174 Approved projects are
terminated if construction does not begin within four years after the date of the initial grant award.

The Florida Small Business Development Center Network

The Florida Small Business Development Center Network (network) provides oversight and
coordination of entrepreneurial and business development services to support economic development
in Florida by assisting entrepreneurs at every stage of the business life cycle.175 The network was
codified in Florida law in response to a federal program established by the U.S. Congress, which
provides funding to small business development centers hosted by institutions of higher education.

168 Section 339.2821(1)(b)2., F.S. defines “Governmental body” as an instrumentality of the state or a county, municipality,
district, authority, board, or commission, or an agency thereof, within which jurisdiction the transportation project is located
and which is responsible to the department for the transportation project. Section 339.2821(2), F.S. provides that Space
Florida may serve as the governmental body or as the contracting agency for a project within a spaceport territory.
169 S. 339.2821, F.S.
170 S. 339.2821(1)(b)2., F.S.
171 S. 339.2821(2), F.S.
172 S. 339.2821(3)(a), F.S.
173 S. 339.08(1)(f), F.S.
174 S. 339.2821(3)(c), F.S.
175 S. 288.001, F.S.
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The network must maintain a statewide advisory board, which represents various segments and
industries of the economy in Florida, brings knowledge and skills that enhance the board’s collective
knowledge of small business assistance needs. The advisory board is formed to advise, counsel, and
confer with the network’s statewide director on matters pertaining to the operation of the network. 176
The Florida network consist of centers in nine different regions, with centers hosted at institutes of
higher education throughout the state. Actual program services are delivered through regional centers.
These centers provide professional expertise, tools, and information to small businesses to support
business decisions in a complex and ever-changing marketplace.

Florida Small Business Technology Growth Program

Florida Small Business Technology Growth Program (SBTGP) is a subset of EFI that provides financial
assistance to businesses in this state having high job growth and emerging technology potential and
fewer than 100 employees.177 SBTGP and its associated nonprofit178 are under the guidance of EFI.
EFI must establish and monitor a separate small business technology growth account in the Florida
Technology Research Investment Fund for the Florida SBTGP. This fund consists of appropriations by
the Legislature, proceeds of any collateral used to secure such assistance, transfers, fees assessed for
providing or processing such financial assistance, grants, interest earnings, and earnings on financial
assistance.

Scripps Florida Funding Corporation

The Scripps Florida Funding Corporation is a non-profit created by the Legislature to receive, hold,
invest, administer, and disburse legislatively appropriated funds to Scripps Florida. Scripps Florida is an
institute in Florida that the Scripps Research Institute planned to open to create a biotech hub in Palm
Beach County. The facility was going to focus on conducting biomedical research related to AIDS,
Alzheimer’s disease, cancer, diabetes, hepatitis C, and Schizophrenia. 179 Scripps received $310 million
from the state and $269 million from Palm Beach County to build its campus.180 Scripps opened in 2009
on land adjacent to Florida Atlantic University. However, the biotech village promised by Scripps on a
nearby 70 acres of land bought by Palm Beach County was never built. Instead the land was turned
over to the Scripps Research Institute in May of 2021 for just $1. The University of Florida recently
purchased the three buildings previously built by the Scripps Research Institute and the accompanying
vacant land.181

International Offices Program

Section 288.012, F.S., establishes the International Offices Program to promote foreign direct
investment. Current law authorizes DEO to contract with EFI to carry out the program. 182 EFI maintains
18 international offices locations in 15 different countries. 183

EFI utilizes the international offices to: identify potential opportunities for investment in Florida; promote
Florida for foreign direct investment; facilitate partnerships with local suppliers and distributors; and
provide market specific information to Florida businesses.184 A recent study by OPPAGA indicates that

176 S. 288.001(4), F.S.
177 S. 288.95155, F.S.
178 S. 288.9519, F.S.
179 OPPAGA, Report No. 09-36, Scripps Florida Funding Corporation Complies with Requirements and Should be

Continued, p.1-2 (October 2009).
180 Katherine Kokal, UF will tak e over Jupiter Scripps campus, 70 acres nearby. Check out the price tag, The Palm Beach

Post (Jan. 12, 2022), available at https://www.palmbeachpost.com/story/news/local/pbgardens/2022/ 01/18/scripps -sells-
palm-beach-county-research-campus-university-florida/9198371002/ (last visited Mar. 15, 2023).
181 Id.
182 S. 288.012(6), F.S.
183 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program

Evaluations – Year 9 supra n. 53, p. 80.
184 Id. at 81.
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during the review period, EFI’s international offices reported generating $333.8 million in foreign direct
investment from 121 projects.185

Florida International Trade and Promotion Trust Fund

The Florida International Trade and Promotion Trust Fund186 is administered by DEO for the operation
of EFI and for the operation of Florida international offices under s. 288.012, F.S. The Florida
International Trade and Promotion Trust Fund receives 4.25% of the state’s rental car surcharge tax.187

Return on Investment

The Legislature has directed the Office of Economic and Demographic Research (EDR) and the Office
of Program Policy Analysis and Government Accountability (OPPAGA) to analyze and evaluate 21
state economic development incentive programs on a recurring three-year schedule.188

As part of their evaluation, EDR calculates the state’s ROI in addition to reporting the impact on the key
economic variables. In their most recent report, EDR reviewed the following programs:
 The Capital Investment Tax Credit (CITC) established under s. 220.191, F.S.;
 The Qualified Target Industry Tax Refund (QTI) established under s. 288.106, F.S.;
 The Brownfield Redevelopment Bonus Refund (BFR) established under s. 288.107, F.S.;
 High-Impact Business Performance Grants (HIPI) established under s. 288.108, F.S.;
 The Quick Action Closing Fund (QACF) established under s. 288.1088, F.S.;
 The Innovation Incentive Program (IIP) established under s. 288.1089, F.S.;
 Enterprise Zone Program (EZ) incentives established under ss. 212.08(5) and (15) , F.S.; and
 The New Markets Development Program established under ss. 288.991-288.9922, F.S.

185 Id. at 85.
186 S. 288.826, F.S.
187 S. 212.0606(3)(a), F.S.
188 S. 288.0001, F.S.
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Effect of Proposed Changes

The bill eliminates EFI and provides that all duties, functions, records, pending issues, existing
contracts, administrative authority, administrative rules, and unexpended balances of appropriations,
allocations, and other public funds relating to the programs in EFI are transferred by a type two transfer
to DEO.

The bill provides that VF may enter into an agreement with DEO to continue any existing program,
activity, duty, or function necessary for operation of the foundation and that any funds held in trust for
the corporation may be used for the purpose for which the funds were received.

Under the bill, the Florida Sports Foundation may enter into an agreement with DEO to continue any
existing program, activity, duty, or function necessary for operation of the foundation and that any funds
held in trust for the foundation may be used for the purpose for which the funds were received.

The bill removes DEO’s ability to contract with EFI to administer the international offices program,
moving the international offices program to DEO.

The bill provides for the repeal of the following programs and incentives:
 Urban High-Crime Area Job Tax Credit Program
 Entertainment industry tax credit
 Capital Investment Tax Credit
 Qualified defense contractor and space flight business tax refund program
 Qualified target industry businesses tax refund
 Brownfield Redevelopment Bonus Tax Refunds
 High-Impact Sector Performance Grants
 Economic Gardening Business Loan Pilot Program
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 Economic Gardening Technical Assistance Pilot Program
 Quick Action Closing Fund
 Innovation Incentive Program
 Professional Sports Franchise Incentive
 Motorsports Entertainment Complex
 Spring Training Baseball Franchises
 Retention of Spring Training Baseball Franchises
 International Game Fish Association World Center Facility
 Florida Small Business Technology Growth Program
 New Markets Development Program
 Microfinance Loan program
 Microfinance Guarantee Program
 Economic Development Transportation Projects

In accordance with these repeals, the bill provides that no new or additional applications, certifications,
contracts, agreements, or awards will be made, approved, issued, or executed. All certifications are
rescinded except for those certified applicants or projects that continue to meet the criteria in effect
before July 1, 2023. Existing contracts and agreements will continue in full force and effect in
accordance with the statutory requirements in effect when the contract or agreement was executed or
last modified.

Furthermore, the bill eliminates provisions related to the following programs and incentives:
 Office of Film and Entertainment
 Florida Film Advisory Council
 Entertainment industry sales tax exemptions
 Cooperative advertising matching grants program
 Florida Small Business Development Center Network189
 Scripps Florida Funding Corporation

The bill removes the language referencing EFI in the International Trade and Promotion Trust Fund,
and likewise updates language throughout the Florida Statutes consistent with the repeals and changes
in the bill.

The bill provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 11.45, F.S., by deleting language referring to EFI.
Section 2: Amends s. 14.32, F.S., by deleting language referring to EFI.
Section 3: Amends s. 15.18, F.S., by deleting language referring to EFI.
Section 4: Amends s. 15.182, F.S., by deleting provisions relating to Department of State consulting
EFI.
Section 5: Amends s. 20.435. F.S., by deleting cross reference.
Section 6: Amends s. 20.60, F.S., by deleting provisions relating to EFI and provisions relating the
economic gardening business loan program.
Section 7: Repeals s. 20.601, F.S., relating to requiring DEO to conduct an annual report on EFI.
Section 8: Provides for the transfer of function, records, pending issues, existing contracts,
administrative rules, and unexpected balances to be transferred; permits the Florida Sports Foundation
to enter into an agreement with Department of Economic Opportunity.
Section 9: Provides that no new or additional applications shall be approved for specified programs.
Section 10: Amends s.125.0104, F.S., by adding new definition and deleting definition referencing the
Professional sports franchises program and deleting cross reference.
Section 11: Amends s. 159.803, F.S., by deleting provision relating to Qualified Target Industry Tax
Refund Program.

189 While the bill does repeal the Florida statute regarding
the Florida Small Business Development Center Network, the
bill does not prohibit the SBDC from continuing to operate in the state.
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Section 12: Amends s. 166.231, F.S., by updating cross reference relating to Enterprise Zones
benefits.
Section 13: Amends s. 189.033, F.S., by adding new definition and deletes reference Qualified Target
Industry Tax Refund Program.
Section 14: Renumbers and amends s. 196.012, F.S., by moving the definition for "Target industry
business"; moving cross reference.
Section 15: Amends s. 196.101, F.S., by updating cross reference.
Section 16: Amends s. 196.121, F.S., by updating cross reference.
Section 17: Amends s. 196.198, F.S., by deleting provision relating to sales tax exemption repealed
under Section 23 of the bill.
Section 18: Amends s. 196.1995, F.S., by updating cross references.
Section 19: Amends s. 194.3181, F.S., by updating cross references.
Section 20: Amends s. 197.319, F.S., by updating cross reference.
Section 21: Amends s. 212.02, F.S., by updating cross reference.
Section 22: Amends s. 212.031, F.S., by deleting language pertaining to a tax exemption repealed in
Section 23 of the bill.
Section 23: Amends s. 212.06, F.S., by removing a tax exemption for fabrication labor for a "qualified
motion picture".
Section 24: Repeals s. 212.0602, F.S., by repealing tax exemption for certain educational institutions'
purchase of materials and equipment, or lease of real property, to teach students about film production.
Section 25: Amends s. 212.08, F.S., by repealing sales, rental, use, consumption, and storage tax
exemption on motion picture or video equipment used in a motion picture or television production; by
updating cross reference; deleting provision relating to EFI; deletes provision relating to Department of
Economic Opportunity's Division of Strategic Business Development; repealing partial tax exemption for
master tapes, records, films, or video tapes.
Section 26: Repeals s. 212.097, F.S., relating to Urban High-Crime Area Job Tax Credit Program.
Section 27: Amends s. 212.098, F.S., by deleting provision relating to Qualified Target Industry Tax
Refund Program.
Section 28: Amends s. 212.20, F.S., by updating references to repealed sections; deleting provision
relating to International Game Fish Association World Center facility.
Section 29: Amends 218.61, F.S., by deleting provision relating to professional sports franchise and
motorsport entertainment complex.
Section 30: Amends s. 218.64, F.S. updating references to repealed sections; deleting provision
relating to the professional sports franchises.
Section 31: Amends s. 220.02, F.S., by updating language referencing repealed sections.
Section 32: Amends s. 220.13, F.S., by deleting provision relating to New Markets Development
Program.
Section 33: Amends s. 220.183, F.S., by updating cross reference.
Section 34: Amends s. 220.1895, F.S., by deleting provisions relating to the Urban High-Crime Tax
Credit.
Section 35: Repeals s. 220.1899, F.S., relating to the Entertainment Industry Tax Credit.
Section 36: Repeals s. 220.191, F.S., relating to the Capital investment Tax Credit.
Section 37: Amends s. 220.194, F.S., by updating cross references.
Section 38: Amends s. 220.196, F.S., by moving definition for "Target industry business"; updating
cross references.
Section 39: Amends s. 272.11, F.S., by replacing language referencing EFI with language referencing
Department of Economic Opportunity.
Section 40: Amends s. 287.0947, F.S., by replacing language referencing EFI with language
referencing Department of Economic Opportunity.
Section 41: Amends s. 287.137, F.S., by replacing language referencing EFI with language referencing
Department of Economic Opportunity.
Section 42: Amends s. 288.0001, F.S., by deleting EDR review for programs that are repealed.
Section 43: Repeals s. 288.001, F.S., relating to the Florida Small Business Development Center
Network.
Section 44: Amends s. 288.012, F.S., by moving program to Department of Economic Opportunity;
deleting ability to contract with EFI.
Section 45: Repeals s. 288.017, F.S., relating to the cooperative advertising matching grants program.
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Section 46: Amends s. 288.018, F.S., by deleting provision relating to Department of Economic
Opportunity contracting with EFI.
Section 47: Amends s. 288.047, F.S., by deleting provisions relating to EFI.
Section 48: Amends s. 288.061, F.S., by deleting language pertaining to Department of Economic
Opportunity's Division of Strategic Business Development and EFI; updating cross reference.
Section 49: Amends s. 288.0655, F.S., by updating cross reference; deleting language pertaining to
EFI; removes out of date requirement for Economic Opportunity to reevaluate guidelines criteria for the
Rural Infrastructure Fund.
Section 50: Amends s. 288.0656, F.S., by deleting language referring to EFI, the Qualified Target
Industry Tax Refund, and the brownfield redevelopment refund.
Section 51: Amends s. 288.0658, F.S., by deleting language referring to EFI.
Section 52: Amends s. 288.075, F.S., by language referring to the Qualified defense contractor and
space flight business tax refund program.
Section 53: Amends s. 288.076, F.S., by moving definitions from repealed sections; deletes language
related to the Quick Action Closing Fund and Qualified target industry businesses.
Section 54: Amends s. 288.095, F.S., by updating language to reflect repealed sections; places limit
on when the Economic Development Incentives Account may be used to pay tax refunds under
repealed sections.
Section 55: Amends s. 288.101, F.S., by deleting language referencing EFI; deleting provision relating
to the Herbert Hoover Dike; updating cross reference.
Section 56: Repeals s. 288.1045, F.S., relating to the qualified defense contractor and space flight
business tax refund program.
Section 57: Repeals s. 288.106, F.S., relating to the retention of Major League Baseball spring
training baseball franchises.
Section 58: Repeals s. 288.107, F.S., relating to the Brownfield redevelopment bonus refunds.
Section 59: Repeals s. 288.108, F.S., relating to the High-Impact Sector Performance Grants.
Section 60: Repeals s. 288.1081, F.S., relating to the Economic Gardening Business Loan Pilot
Program.
Section 61: Repeals s. 288.1082, F.S., relating to the Economic Gardening Technical Assistance Pilot
Program.
Section 62: Repeals s. 288.1088, F.S., relating to the Quick Action Closing Fund.
Section 63: Repeals s. 288.1089, F.S., relating to the Innovation Incentive Program
Section 64: Amends s. 288.111, F.S., by deleting language referring to EFI.
Section 65: Repeals s. 288.1162, F.S., relating to the professional sports franchises.
Section 66: Repeals s. 288.11621, F.S., relating to the spring training baseball franchises.
Section 67: Repeals s. 288.11631, F.S., relating to the retention of Major League Baseball spring
training baseball franchises.
Section 68: Repeals s. 288.1169, F.S., relating to the International Game Fish Association World
Center facility.
Section 69: Repeals s. 288.1171, F.S., relating to the Motorsports entertainment complex.
Section 70: Amends s. 288.12265, F.S., by deleting language referring to EFI; reallocates Welcome
Center duties from EFI to VF.
Section 71: Repeals s. 288.125, F.S., relating to the definition of "entertainment industry".
Section 72: Repeals s. 288.1251, F.S., relating to the Office of Film and Entertainment.
Section 73: Repeals s. 288.1252, F.S., relating to the Florida Film and Entertainment Advisory Council.
Section 74: Repeals s. 288.1253, F.S., relating to the travel and entertainment expenses provision for
Office of Film and Film Advisory Council.
Section 75: Repeals s. 288.1254, F.S., relating to the Entertainment industry financial incentive
program.
Section 76: Repeals s. 288.1258, F.S., relating to the Entertainment industry qualified production
companies tax exemption.
Section 77: Amends s. 288.7015, F.S., deletes language referring to EFI.
Section 78: Amends s. 288.706, F.S., deletes language referring to EFI.
Section 79: Amends s. 288.773, F.S., replaces language referencing EFI with language referencing
Department of Economic Opportunity.
Section 80: Amends s. 288.776, F.S., replaces language referencing EFI with language referencing
Department of Economic Opportunity.
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Section 81: Amends s. 288.7771, F.S., replaces language referencing EFI with language referencing
Department of Economic Opportunity.
Section 82: Amends s. 288.816, F.S., replaces language referencing EFI with language referencing
Department of Economic Opportunity.
Section 83: Amends s. 288.826, F.S., removes EFI as a beneficiary of the trust fund.
Section 84: Repeals s. 288.901, F.S., relating to EFI.
Section 85: Repeals s.288.9015, F.S., relating to EFI.
Section 86: Repeals s. 288.903, F.S., relating to EFI.
Section 87: Repeals s. 288.904, F.S., relating to EFI.
Section 88: Repeals s. 288.905, F.S., relating to EFI.
Section 89: Repeals s. 288.906, F.S., relating to EFI.
Section 90: Amends s. 288.907, F.S., moves annual incentives report requirement; assigns report only
to DEO; deletes language referring to EFI.
Section 91: Repeals s. 288.911, F.S., relating to an EFI requirement.
Section 92: Amends s. 288.912, F.S., moving reporting requirement for counties and municipalities;
deleting language relating to EFI.
Section 93: Repeals s. 288.92, F.S., relating to divisions of EFI.
Section 94: Amends s. 288.923, F.S., deleting language referring to EFI and moving divisions to DEO.
Section 95: Repeals s. 288.95155, F.S., relating to the Florida Small Business Technology Growth
Program.
Section 96: Repeals s. 288.9519, F.S., relating to the Florida Small Business Technology Growth
Program.
Section 97: Repeals s. 288.9520, F.S., relating to the Florida Small Business Technology Growth
Program.
Section 98: Repeals s. 288.955, F.S., relating to the Scripps Florida Funding Corporation.
Section 99: Amends s. 288.9603, F.S., replacing language referencing EFI with language referencing
DEO.
Section 100: Amends s. 288.6905, F.S., replacing language referencing EFI with language referencing
DEO.
Section 101: Amends s. 288.9614, F.S., replacing language referencing EFI with language referencing
DEO.
Section 102: Amends s. 288.9624, F.S., replacing language referencing EFI with language referencing
DEO; Directing that the board of the fund shall be appointed by the Governor.
Section 103: Amends s. 288.96255, F.S., updating cross references.
Section 104: Amends s. 288.980, F.S., relating to the New Market Development Program.
Section 105: Repeals s. 288.991, F.S., relating to the New Market Development Program.
Section 106: Repeals s. 288.9912, F.S., relating to the New Market Development Program.
Section 107: Repeals s. 288.9913, F.S., relating to the New Market Development Program.
Section 108: Repeals s. 288.9914, F.S., relating to the New Market Development Program.
Section 109: Repeals s. 288.9915, F.S., relating to the New Market Development Program.
Section 110: Repeals s. 288.9916, F.S., relating to the New Market Development Program.
Section 111: Repeals s. 288.9917, F.S., relating to the New Market Development Program.
Section 112: Repeals s. 288.9918, F.S., relating to the New Market Development Program.
Section 113: Repeals s. 288.9919, F.S., relating to the New Market Development Program.
Section 114: Repeals s. 288.9920, F.S., relating to the New Market Development Program.
Section 115: Repeals s. 288.9921, F.S., relating to the New Market Development Program.
Section 116: Repeals s. 288.9922, F.S., relating to the New Market Development Program.
Section 117: Repeals s. 288.993, F.S., relating to the Microfinance Loan Program.
Section 118: Repeals s. 288.9932, F.S., relating to the Microfinance Loan Program.
Section 119: Repeals s. 288. 9932, F.S., relating to the Microfinance Loan Program.
Section 120: Repeals s. 288.9933, F.S., relating to the Microfinance Loan Program.
Section 121: Repeals s. 288.9934, F.S., relating to the Microfinance Loan Program.
Section 122: Repeals s. 288.9935, F.S., relating to the Microfinance Loan Program.
Section 123: Repeals s. 288.9936, F.S., relating to the Microfinance Loan Program.
Section 124: Repeals s. 288.9937, F.S., relating to the Microfinance Loan Program.
Section 125: Amends s. 288.9961, F.S., deleting language referring to EFI.
Section 126: Amends s. 290.0056, F.S., updating cross references.
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Section 127: Amends s. 290.0065, F.S., deleting language referring to EFI and the Department of
Revenue.
Section 128: Amends s. 290.00677, F.S., deleting cross references and moves definition of "rural
community."
Section 129: Amends s. 290.007, F.S., updating cross references.
Section 130: Amends s. 290.053, F.S., deleting language referring to EFI.
Section 131: Amends s. 295.22, F.S., deleting language referring to EFI and “target industry business.”
Section 132: Amends s. 320.08058, F.S., updating cross references.
Section 133: Amends s. 331.3051, F.S., deleting language referring to EFI.
Section 134: Amends s. 331.3081, F.S., deleting language referring to EFI and how the Space Florida
Board is constructed.
Section 135: Amends s. 339.08, F.S., deleting language referring to Economic Development
Transportation Projects.
Section 136: Repeals s. 339.2821, F.S., relating to Economic Development Transportation Projects.
Section 137: Amends s. 376.82, F.S., deleting language referring to Brownfield.
Section 138: Amends s. 377.703, F.S., deleting language referring to EFI.
Section 139: Amends s. 377.804, F.S., deleting language referring to EFI.
Section 140: Amends s. 377.809, F.S., deleting language related to multiple programs repealed by the
bill; updating cross references.
Section 141: Amends s. 380.0657, F.S., deleting language related to multiple programs repealed by
the bill.
Section 142: Amends s. 401.23, F.S., updating cross references.
Section 143: Amends s. 403.7032. F.S., deleting language referring to EFI.
Section 144: Amends s. 403.973, F.S., deleting language referring to DEO and the Innovation
Incentive Program.
Section 145: Amends s. 443.091, F.S., deleting language referring to EFI.
Section 146: Amends s. 445.004, F.S., deleting language referring to EFI; updating cross references.
Section 147: Amends s. 445.045, F.S., deleting language referring to EFI.
Section 148: Amends s. 446.44, F.S., deleting language referring to EFI.
Section 149: Amends s. 465.003, F.S., updating cross references.
Section 150: Amends s. 477.0135, F.S., deleting a cross reference.
Section 151: Amends s. 570.81, F.S., deleting language referring to EFI.
Section 152: Amends s. 570.85, F.S., deleting language referring to EFI.
Section 153: Amends s. 624.5105, F.S., updating cross references.
Section 154: Amends s. 625.3255, F.S., repealing ability of insurers to invest in any capital
participation instrument.
Section 155: Amends s. 657.042, F.S., repealing ability of any credit unions to invest in any capital
participation instrument
Section 156: Amends s. 658.67, F.S., repealing ability of any banks or trust companies to invest in any
capital participation instrument.
Section 157: Amends s. 1004.015, F.S., deleting language referring to EFI.
Section 158: Amends s. 1004.65, F.S., deleting language referring to EFI.
Section 159: Amends s. 1004.78, F.S., replacing language referencing EFI with language referencing
DEO.
Section 160: Amends s. 1011.76, F.S., deleting language referring to EFI.
Section 161: Amends s. 1011.94, F.S., updating a cross reference.
Section 162: Provides an effective date of July 1, 2023.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Indeterminate. The bill will likely have a positive recurring fiscal impact on state revenues, however,
the Revenue Estimating Conference has not yet reviewed the bill.

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2. Expenditures:
Indeterminate. The elimination of certain programs and incentives will reduce current and future
state expenditures. The exact reduction will depend on the state budget process.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. The bill will likely have a positive recurring fiscal impact on local revenues, however,
the Revenue Estimating Conference has not yet reviewed the bill.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate.

D. FISCAL COMMENTS:
The bill eliminates many of the incentive programs that did not have a positive return on investment,
which will have a positive impact on state revenues, however, the Revenue Estimating Conference has
not yet reviewed the bill.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
Article VII, Section 19 of the Florida Constitution requires a supermajority vote to impose or raise a
tax or fee. Under this provision, raise means “to decrease or eliminate a state tax or fee exemption or
credit.” Article VII, Section 19 also requires that any bill attempting to impose or raise a tax or fee
“must be contained in a separate bill the contains no other subject.” The bill repeals multiple state tax
exemptions and credits; therefore, certain additional legislative action may be required.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill fails to strike or replace language referencing EFI from certain provisions relating to VF in s.
288.1226, F.S., and the Tourism Promotion Trust Fund in s. 288.122, F.S., and on lines 2565-2566.
The bill sponsor is anticipated to file amendments to correct these drafting issues.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 5 2023

1 A bill to be entitled
2 An act relating to economic programs; amending ss.
3 11.45, 14.32, 15.18, 15.182, 20.435, and 20.60, F.S.;
4 conforming provisions to changes made by the act;
5 repealing s. 20.601, F.S., relating to review of the
6 Department of Economic Opportunity; transferring all
7 duties, records, pending issues, rules, and unexpended
8 balances of appropriations, allocations, and other
9 public funds relating to programs in Enterprise
10 Florida, Inc., to the Department of Economic
11 Opportunity by a type two transfer; authorizing the
12 Florida Sports Foundation to enter into an agreement
13 with the Department of Economic Opportunity for
14 certain purposes and use certain funds; providing
15 legislative intent; providing transitional provisions
16 for terminated programs established pursuant to
17 certain statutes; amending ss. 125.0104, 159.803,
18 166.231, 189.033, 196.012, 196.101, 196.121, 196.198,
19 196.1995, 197.3181, 197.319, 212.02, 212.031, and
20 212.06, F.S.; conforming provisions to changes made by
21 the act; conforming cross-references; repealing s.
22 212.0602, F.S., relating to an exemption from sales
23 and use taxes for certain education-related purchases
24 or leases; amending s. 212.08, F.S.; conforming
25 provisions to changes made by the act; repealing s.

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26 212.097, F.S., relating to the Urban High-Crime Area
27 Job Tax Credit Program; amending ss. 212.098, 212.20,
28 218.61, 218.64, 220.02, 220.13, 220.183, and 220.1895,
29 F.S.; conforming provisions to changes made by the
30 act; conforming a cross-reference; repealing ss.
31 220.1899 and 220.191, F.S., relating to an
32 entertainment industry tax credit and a capital
33 investment tax credit, respectively; amending s.
34 220.194, F.S.; conforming a cross-reference; amending
35 ss. 220.196, 272.11, 287.0947, 287.137, and 288.0001,
36 F.S.; conforming provisions to changes made by the
37 act; repealing s. 288.001, F.S., relating to the
38 Florida Small Business Development Center Network;
39 amending s. 288.012, F.S.; conforming provisions to
40 changes made by the act; repealing s. 288.017, F.S.,
41 relating to a cooperative advertising matching gran ts
42 program; amending ss. 288.018, 288.047, 288.061,
43 288.0655, 288.0656, 288.0658, 288.075, 288.076, and
44 288.095, F.S.; conforming provisions to changes made
45 by the act; conforming a cross-reference; amending s.
46 288.101, F.S.; removing a provision authorizing the
47 Governor to approve certain infrastructure funding;
48 repealing ss. 288.1045, 288.106, 288.107, 288.108,
49 288.1081, 288.1082, 288.1088, and 288.1089, F.S.,
50 relating to the qualified defense contractor and space

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51 flight business tax refund program, a tax refund
52 program for qualified target industry businesses,
53 brownfield redevelopment bonus refunds, high-impact
54 business, the Economic Gardening Business Loan Pilot
55 Program, the Economic Gardening Technical Assistance
56 Pilot Program, the Quick Action Closing Fund, and the
57 Innovation Incentive Program, respectively; amending
58 s. 288.111, F.S.; conforming a provision to changes
59 made by the act; repealing ss. 288.1162, 288.11621,
60 288.11631, 288.1169, and 288.1171, F.S., relating to
61 professional sports franchises, spring training
62 baseball franchises, retention of Major League
63 Baseball spring training baseball franchises, the
64 International Game Fish Association World Center
65 facility, and motorsports entertainment complexes,
66 respectively; amending s. 288.12265, F.S.;
67 transferring responsibility for administering and
68 operating welcome centers from Enterprise Florida,
69 Inc., to the Florida Tourism Industry Marketing
70 Corporation; repealing ss. 288.125, 288.1251,
71 288.1252, 288.1253, 288.1254, and 288.1258, F.S.,
72 relating to a definition of the term "entertainment
73 industry," the promotion and development of the
74 entertainment industry by the Office of Film and
75 Entertainment, the Florida Film and Entertainment

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76 Advisory Council, certain travel and entertainment
77 expenses, an entertainment industry financial
78 incentive program, and entertainment industry
79 qualified production companies, respectively; amending
80 ss. 288.7015, 288.706, 288.773, 288.776, 288.7771,
81 288.816, and 288.826, F.S.; conforming provisions to
82 changes made by the act; repealing ss. 288.901,
83 288.9015, 288.903, 288.904, 288.905, and 288.906,
84 F.S., relating to Enterprise Florida, Inc., powers of
85 board of directors of Enterprise Florida, Inc., duties
86 of Enterprise Florida, Inc., funding for Enterprise
87 Florida, Inc., the president and employees of
88 Enterprise Florida, Inc., and the annual report and
89 audits of Enterprise Florida, Inc., and its divisions,
90 respectively; transferring, renumbering, and amending
91 s. 288.907, F.S.; conforming provisions to changes
92 made by the act; repealing s. 288.911, F.S., relating
93 to the creation and implementation of a marketing and
94 image campaign; transferring, renumbering, and
95 amending s. 288.912, F.S.; conforming provisions to
96 changes made by the act; repealing s. 288.92, F.S.,
97 relating to the divisions of Enterprise Florida, Inc.;
98 amending s. 288.923, F.S.; conforming provisions to
99 changes made by the act; repealing ss. 288.95155,
100 288.9519, 288.9520, and 288.955, F.S., relating to the

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101 Florida Small Business Technology Growth Program, a
102 not-for-profit corporation intended to promote the
103 competitiveness and profitability of high-technology
104 business and industry, public records exemption, and
105 the Scripps Florida Funding Corporation, respectively;
106 amending ss. 288.9603, 288.9605, 288.9614, and
107 288.9624, F.S.; conforming provisions to changes made
108 by the act; amending s. 288.96255, F.S.; conforming a
109 cross-reference; amending s. 288.980, F.S.; conforming
110 a provision to changes made by the act; repealing ss.
111 288.991, 288.9912, 288.9913, 288.9914, 288.9915,
112 288.9916, 288.9917, 288.9918, 288.9919, 288.9920,
113 288.9921, and 288.9922, F.S., relating to the New
114 Markets Development Program; repealing ss. 288.993,
115 288.9931, 288.9932, 288.9933, 288.9934, 288.9935,
116 288.9936, and 288.9937, F.S., relating to the Florida
117 Microfinance Act, definitions relating to certain
118 programs, the Microfinance Loan Program, the
119 Microfinance Guarantee Program, annual reports for
120 certain programs, and the evaluation of certain
121 programs, respectively; amending ss. 288.9961,
122 290.0056, 290.0065, 290.00677, 290.007, 290.053, and
123 295.22, F.S.; conforming provisions to changes made by
124 the act; conforming cross-references; amending ss.
125 320.08058, 331.3051, 331.3081, and 339.08, F.S.;

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126 conforming provisions to changes made by the act;
127 repealing s. 339.2821, F.S., relating to economic
128 development transportation projects; amending ss.
129 376.82, 377.703, 377.804, 377.809, 380.0657, 401.23,
130 403.7032, 403.973, 443.091, 445.004, 445.045, 446.44,
131 465.003, 477.0135, 570.81, 570.85, and 624.5105, F.S.;
132 conforming provisions to changes made by the act;
133 conforming a cross-reference; repealing s. 625.3255,
134 F.S., relating to a capital participation instrument;
135 amending ss. 657.042, 658.67, 1004.015, 1004.65,
136 1004.78, 1011.76, and 1011.94, F.S.; conforming
137 provisions to changes made by the act; conforming a
138 cross-reference; providing an effective date.
139
140 Be It Enacted by the Legislature of the State of Florida:
141
142 Section 1. Paragraph (i) of subsection (3) of section
143 11.45, Florida Statutes, is amended to read:
144 11.45 Definitions; duties; authorities; reports; rules. —
145 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The
146 Auditor General may, pursuant to his or her own authority, or at
147 the direction of the Legislative Auditing Committee, conduct
148 audits or other engagements as determined appropriate by the
149 Auditor General of:
150 (i) Enterprise Florida, Inc., including any of its boards,

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151 advisory committees, or similar groups created by Enterprise
152 Florida, Inc., and programs. The audit report may not reveal th e
153 identity of any person who has anonymously made a donation to
154 Enterprise Florida, Inc., pursuant to this paragraph. The
155 identity of a donor or prospective donor to Enterprise Florida,
156 Inc., who desires to remain anonymous and all information
157 identifying such donor or prospective donor are confidential and
158 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
159 of the State Constitution. Such anonymity shall be maintained in
160 the auditor's report.
161 Section 2. Paragraph (a) of subsection (3) of section
162 14.32, Florida Statutes, is amended to read:
163 14.32 Office of Chief Inspector General.—
164 (3) Related to public-private partnerships, the Chief
165 Inspector General:
166 (a) Shall advise public-private partnerships, including
167 Enterprise Florida, Inc., in their development, utilization, and
168 improvement of internal control measures necessary to ensure
169 fiscal accountability.
170 Section 3. Section 15.18, Florida Statutes, is amended to
171 read:
172 15.18 International and cultural relations.—The Divisions
173 of Arts and Culture, Historical Resources, and Library and
174 Information Services of the Department of State promote programs
175 having substantial cultural, artistic, and indirect economic

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176 significance that emphasize American creativity. The Secretary
177 of State, as the head administrator of these divisions, shall
178 hereafter be known as "Florida's Chief Arts and Culture
179 Officer." As this officer, the Secretary of State is encouraged
180 to initiate and develop relationships between the state and
181 foreign cultural officers, their representatives, and other
182 foreign governmental officials in order to promote Florida as
183 the center of American creativity. The Secretary of State shall
184 coordinate international activities pursuant to this section
185 with Enterprise Florida, Inc., and any other organization the
186 secretary deems appropriate. For the accomplishment of this
187 purpose, the Secretary of State shall have the power and
188 authority to:
189 (1) Disseminate any information pertaining to the State of
190 Florida which promotes the state's cultural assets.
191 (2) Plan and carry out activities designed to cause
192 improved cultural and governmental programs and exchanges with
193 foreign countries.
194 (3) Plan and implement cultural and social activities for
195 visiting foreign heads of state, diplomats, dignitaries, and
196 exchange groups.
197 (4) Encourage and cooperate with other public and private
198 organizations or groups in their efforts to promote the cultural
199 advantages of Florida.
200 (5) Serve as the liaison with all foreign consular and

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201 ambassadorial corps, as well as international organizations,
202 that are consistent with the purposes of this section.
203 (6) Provide, arrange, and make expenditures for the
204 achievement of any or all of the purposes specified in this
205 section.
206 Section 4. Subsection (2) of section 15.182, Florida
207 Statutes, is amended to read:
208 15.182 International travel by state-funded musical,
209 cultural, or artistic organizations; notification to the
210 Department of State.—
211 (2) The Department of State, in conjunction with the
212 Department of Economic Opportunity and Enterprise Florida, Inc.,
213 shall act as an intermediary between performing musical,
214 cultural, and artistic organizations and Florida businesses to
215 encourage and coordinate joint undertakings. Such coordination
216 may include, but is not limited to, encouraging business and
217 industry to sponsor cultural events, assistance with travel of
218 such organizations, and coordinating travel schedules of
219 cultural performance groups and international trade missions.
220 Section 5. Paragraph (a) of subsection (7) of section
221 20.435, Florida Statutes, is amended to read:
222 20.435 Department of Health; trust funds.—The following
223 trust funds shall be administered by the Department of Health:
224 (7) Biomedical Research Trust Fund.
225 (a) Funds to be credited to the trust fund shall consist

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226 of funds appropriated by the Legislature. Funds shall be used
227 for the purposes of the James and Esther King Biomedical
228 Research Program, the Casey DeSantis Cancer Research Program,
229 and the William G. "Bill" Bankhead, Jr., and David Coley Cancer
230 Research Program as specified in ss. 215.5602, 288.955, 381.915,
231 and 381.922. The trust fund is exempt from the service charges
232 imposed by s. 215.20.
233 Section 6. Subsection (4), paragraph (a) of subsection
234 (5), paragraph (b) of subsection (9), and subsections (10) and
235 (11) of section 20.60, Florida Statutes, are amended to read:
236 20.60 Department of Economic Opportunity; creation; powers
237 and duties.—
238 (4) The purpose of the department is to assist the
239 Governor in working with the Legislature, state agencies,
240 business leaders, and economic development professionals to
241 formulate and implement coherent and consistent policies and
242 strategies designed to promote economic opportunities for all
243 Floridians. To accomplish such purposes, the department shall:
244 (a) Facilitate the direct involvement of the Governor and
245 the Lieutenant Governor in economic development and workforce
246 development projects designed to create, expand, and retain
247 businesses in this state, to recruit business from around the
248 world, and to facilitate other job-creating efforts.
249 (b) Recruit new businesses to this state and promote the
250 expansion of existing businesses by expediting permitting and

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251 location decisions, worker placement and training, and incentive
252 awards.
253 (c) Promote viable, sustainable communities by providing
254 technical assistance and guidance on growth and development
255 issues, grants, and other assistance to local communities.
256 (d) Ensure that the state's goals and policies relating to
257 economic development, workforce development, community planning
258 and development, and affordable housing are fully integrated
259 with appropriate implementation strategies.
260 (e) Manage the activities of public-private partnerships
261 and state agencies in order to avoid duplication and promote
262 coordinated and consistent implementation of programs in areas
263 including, but not limited to, tourism; international trade and
264 investment; business recruitment, creation, retention, and
265 expansion; minority and small business development; rural
266 community development; and the development and promotion of
267 professional and amateur sporting events.
268 (f) Coordinate with state agencies on the processing of
269 state development approvals or permits to minimize the
270 duplication of information provided by the applicant and the
271 time before approval or disapproval.
272 (5) The divisions within the department have specific
273 responsibilities to achieve the duties, responsibilities, and
274 goals of the department. Specifically:
275 (a) The Division of Strategic Business Development shall:

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276 1. Analyze and evaluate business prospects identified by
277 the Governor and, the secretary, and Enterprise Florida, Inc.
278 2. Administer certain tax refund, tax credit, and grant
279 programs created in law. Notwithstanding any other provision of
280 law, the department may expend interest earned from the
281 investment of program funds deposited in the Grants and
282 Donations Trust Fund to contract for the administration of those
283 programs, or portions of the programs, assigned to the
284 department by law, by the appropriations process, or by the
285 Governor. Such expenditures shall be subject to review under
286 chapter 216.
287 3. Develop measurement protocols for the state incentive
288 programs and for the contracted entities which will be used to
289 determine their performance and competitive value to the state.
290 Performance measures, benchmarks, and sanctions must be
291 developed in consultation with the legislative appropriations
292 committees and the appropriate substantive committees, and are
293 subject to the review and approval process provided in s.
294 216.177. The approved performance measures, standards, and
295 sanctions shall be included and made a part of the strategic
296 plan for contracts entered into for delivery of programs
297 authorized by this section.
298 4. Develop a 5-year statewide strategic plan. The
299 strategic plan must include, but need not be limited to:
300 a. Strategies for the promotion of business formation,

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301 expansion, recruitment, and retention through aggressive
302 marketing, international development, and export assistance,
303 which lead to more and better jobs and higher wages for all
304 geographic regions, disadvantaged communities, and populations
305 of the state, including rural areas, minority businesses, and
306 urban core areas.
307 b. The development of realistic policies and progr ams to
308 further the economic diversity of the state, its regions, and
309 their associated industrial clusters.
310 c. Specific provisions for the stimulation of economic
311 development and job creation in rural areas and midsize cities
312 and counties of the state, including strategies for rural
313 marketing and the development of infrastructure in rural areas.
314 d. Provisions for the promotion of the successful long -
315 term economic development of the state with increased emphasis
316 in market research and information.
317 e. Plans for the generation of foreign investment in the
318 state which create jobs paying above-average wages and which
319 result in reverse investment in the state, including programs
320 that establish viable overseas markets, assist in meeting the
321 financing requirements of export-ready firms, broaden
322 opportunities for international joint venture relationships, use
323 the resources of academic and other institutions, coordinate
324 trade assistance and facilitation services, and facilitate
325 availability of and access to education and training programs

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326 that assure requisite skills and competencies necessary to
327 compete successfully in the global marketplace.
328 f. The identification of business sectors that are of
329 current or future importance to the state's economy and to th e
330 state's global business image, and development of specific
331 strategies to promote the development of such sectors.
332 g. Strategies for talent development necessary in the
333 state to encourage economic development growth, taking into
334 account factors such as the state's talent supply chain,
335 education and training opportunities, and available workforce.
336 5. Update the strategic plan every 5 years.
337 6. Involve Enterprise Florida, Inc.; CareerSource Florida,
338 Inc.; local governments; the general public; local an d regional
339 economic development organizations; other local, state, and
340 federal economic, international, and workforce development
341 entities; the business community; and educational institutions
342 to assist with the strategic plan.
343 (9) The secretary shall:
344 (b) Serve as the manager for the state with respect to
345 contracts with Enterprise Florida, Inc., and all applicable
346 direct-support organizations. To accomplish the provisions of
347 this section and applicable provisions of chapter 288, and
348 notwithstanding the provisions of part I of chapter 287, the
349 secretary shall enter into specific contracts with Enterprise
350 Florida, Inc., and other appropriate direct-support

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351 organizations. Such contracts may be for multiyear terms and
352 must include specific performance measures for each year. For
353 purposes of this section, the Florida Tourism Industry Marketing
354 Corporation and the Institute for Commercialization of Florida
355 Technology are not appropriate direct-support organizations.
356 (10) The department, with assistance from Enterprise
357 Florida, Inc., shall, by November 1 of each year, submit an
358 annual report to the Governor, the President of the Senate, and
359 the Speaker of the House of Representatives on the condition of
360 the business climate and economic development in the state.
361 (a) The report must include the identification of problems
362 and a prioritized list of recommendations.
363 (b) The report must incorporate annual reports of other
364 programs, including:
365 1. Information provided by the Department of Revenue under
366 s. 290.014.
367 2. Information provided by enterprise zone development
368 agencies under s. 290.0056 and an analysis of the activities and
369 accomplishments of each enterprise zone.
370 3. The Economic Gardening Business Loan Pilot Program
371 established under s. 288.1081 and the Economic Gardening
372 Technical Assistance Pilot Program established under s.
373 288.1082.
374 3.4. A detailed report of the performance of the Black
375 Business Loan Program and a cumulative summary of quarterly

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376 report data required under s. 288.714.
377 4.5. The Rural Economic Development Initiative established
378 under s. 288.0656.
379 5.6. The Florida Unique Abilities Partner Program.
380 6.7. A detailed report of the performance of the Florida
381 Development Finance Corporation and a summary of the
382 corporation's report required under s. 288.9610.
383 (11) The department shall establish annual performance
384 standards for Enterprise Florida, Inc.; CareerSource Florida,
385 Inc.; the Florida Tourism Industry Marketing Corporation; Space
386 Florida; and the Florida Development Finance Corporation and
387 report annually on how these performance measures are being met
388 in the annual report required under subsection (10).
389 Section 7. Section 20.601, Florida Statutes, is repealed.
390 Section 8. (1) All duties, functions, records, pending
391 issues, existing contracts, administrative authority,
392 administrative rules, and unexpended balances of appropriations,
393 allocations, and other public funds relating to the programs in
394 Enterprise Florida, Inc., are transferred by a type two transfer
395 to the Department of Economic Opportunity.
396 (2)(a) The Florida Sports Foundation, incorporated under
397 chapter 617, Florida Statutes, which was previously merged into
398 and transferred to Enterprise Florida, Inc., may enter into an
399 agreement with the Department of Economic Opportunity to
400 continue any existing program, activity, duty, or function

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401 necessary for the operation of that foundation.
402 (b) Any funds held in trust which were donated to or
403 earned by the Florida Sports Foundation may be used by that
404 foundation for the original purposes for which the funds were
405 received.
406 (3) It is the intent of the Legislature that the changes
407 made by this act be accomplished with minimal disruption of
408 services provided to the public and with minimal disruption to
409 employees of any organization.
410 Section 9. For programs established pursuant to ss.
411 212.097, 220.1899, 220.191, 288.1045, 288.106, 288.107, 288.108,
412 288.1081, 288.1082, 288.1088, 288.1089, 288.1162, 288.11621,
413 288.11631, 288.1169, 288.1171, 288.95155, 288.9916, 288.9934,
414 288.9935, and 339.2821, Florida Statutes, no new or additional
415 applications or certifications shall be approved, no new letters
416 of certification may be issued, no new contracts or agreements
417 may be executed, and no new awards may be made. All
418 certifications are rescinded except for those certified
419 applicants or projects that continue to meet the criteria in
420 effect before July 1, 2023. Any existing contracts or agreements
421 authorized under any of these programs shall continue in full
422 force and effect in accordance with the statutory requirements
423 in effect when the contract or agreement was executed or last
424 modified. However, no further modifications, extensions, or
425 waivers may be made or granted relating to such contracts or

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426 agreements except computations by the Department of Revenue of
427 the income generated by or arising out of the qualifying
428 project.
429 Section 10. Paragraph (n) of subsection (3) of section
430 125.0104, Florida Statutes, is amended to read:
431 125.0104 Tourist development tax; procedure for le vying;
432 authorized uses; referendum; enforcement.—
433 (3) TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.—
434 (n) In addition to any other tax that is imposed under
435 this section, a county that has imposed the tax under paragraph
436 (l) may impose an additional tax that is no greater than 1
437 percent on the exercise of the privilege described in paragraph
438 (a) by a majority plus one vote of the membership of the board
439 of county commissioners in order to:
440 1. Pay the debt service on bonds issued to finance:
441 a. The construction, reconstruction, or renovation of a
442 facility either publicly owned and operated, or publicly owned
443 and operated by the owner of a professional sports franchise or
444 other lessee with sufficient expertise or financial capability
445 to operate such facility, and to pay the planning and design
446 costs incurred prior to the issuance of such bonds for a new
447 professional sports franchise as defined in s. 288.1162. As used
448 in this sub-subparagraph, the term "new professional sports
449 franchise" means a professional sports franchise that was not
450 based in this state before April 1, 1987.

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451 b. The acquisition, construction, reconstruction, or
452 renovation of a facility either publicly owned and operated, or
453 publicly owned and operated by the owner of a profe ssional
454 sports franchise or other lessee with sufficient expertise or
455 financial capability to operate such facility, and to pay the
456 planning and design costs incurred prior to the issuance of such
457 bonds for a retained spring training franchise.
458 2. Promote and advertise tourism in the State of Florida
459 and nationally and internationally; however, if tax revenues are
460 expended for an activity, service, venue, or event, the
461 activity, service, venue, or event shall have as one of its main
462 purposes the attraction of tourists as evidenced by the
463 promotion of the activity, service, venue, or event to tourists.
464
465 A county that imposes the tax authorized in this paragraph may
466 not expend any ad valorem tax revenues for the acquisition,
467 construction, reconstruction, or renovation of a facility for
468 which tax revenues are used pursuant to subparagraph 1. The
469 provision of paragraph (b) which prohibits any county authorized
470 to levy a convention development tax pursuant to s. 212.0305
471 from levying more than the 2-percent tax authorized by this
472 section shall not apply to the additional tax authorized by this
473 paragraph in counties which levy convention development taxes
474 pursuant to s. 212.0305(4)(a). Subsection (4) does not apply to
475 the adoption of the additional tax authorized in this paragraph.

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476 The effective date of the levy and imposition of the tax
477 authorized under this paragraph is the first day of the second
478 month following approval of the ordinance by the board of county
479 commissioners or the first day of any subsequent month specified
480 in the ordinance. A certified copy of such ordinance shall be
481 furnished by the county to the Department of Revenue within 10
482 days after approval of the ordinance.
483 Section 11. Subsection (11) of section 159.803, Florida
484 Statutes, is amended to read:
485 159.803 Definitions.—As used in this part, the term:
486 (11) "Florida First Business project" means any project
487 which is certified by the Department of Economic Opportunity as
488 eligible to receive an allocation from the Florida First
489 Business allocation pool established pursuant to s. 159.8083.
490 The Department of Economic Opportunity may certify those
491 projects meeting the criteria set forth in s. 288.106(4)(b) or
492 any project providing a substantial economic benefit to this
493 state.
494 Section 12. Paragraph (a) of subsection (8) of section
495 166.231, Florida Statutes, is amended to read:
496 166.231 Municipalities; public service tax.—
497 (8)(a) Beginning July 1, 1995, a municipality may by
498 ordinance exempt not less than 50 percent of the tax imposed
499 under this section on purchasers of electrical energy who are
500 determined to be eligible for the exemption provided by s.

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501 212.08(14) s. 212.08(15) by the Department of Revenue. The
502 exemption shall be administered as provided in that section. A
503 copy of any ordinance adopted pursuant to this subsection shall
504 be provided to the Department of Revenue not less than 14 days
505 prior to its effective date.
506 Section 13. Section 189.033, Florida Statutes, is amended
507 to read:
508 189.033 Independent special district services in
509 disproportionally affected county; rate reduction for providers
510 providing economic benefits.—If the governing body of an
511 independent special district that provides water, wastewater,
512 and sanitation services in a disproportionally affected county,
513 as defined in s. 288.106(8), determines that a new user or the
514 expansion of an existing user of one or more of its utility
515 systems will provide a significant benefit to the community in
516 terms of increased job opportunities, economies of scale, or
517 economic development in the area, the governing body may
518 authorize a reduction of its rates, fees, or charges for that
519 user for a specified period of time. A governing body that
520 exercises this power must do so by resolution that states the
521 anticipated economic benefit justifying the reduction as well as
522 the period of time that the reduction will remain in place. As
523 used in this section, the term "disproportionally affected
524 county" means Bay County, Escambia County, Franklin County, Gulf
525 County, Okaloosa County, Santa Rosa County, Walton County, or

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526 Wakulla County.
527 Section 14. Subsections (11) through (19) of section
528 196.012, Florida Statutes, are renumbered as subsections (12)
529 through (20), respectively, paragraph (a) of present subsection
530 (14), paragraph (a) of present subsection (15), and present
531 subsection (16) of that section are amended, and a new
532 subsection (11) is added to that section, to read:
533 196.012 Definitions.—For the purpose of this chapter, the
534 following terms are defined as follows, except where the context
535 clearly indicates otherwise:
536 (11) "Target industry business" means a corporate
537 headquarters business or any business that is engaged in one of
538 the target industries identified pursuant to the following
539 criteria developed by the Department of Economic Opportunity:
540 (a) Future growth.—The industry forecast indicates strong
541 expectation for future growth in employment and output,
542 according to the most recent available data. Special
543 consideration should be given to businesses that export goods
544 to, or provide services in, international markets and businesses
545 that onshore business operations to replace domestic and
546 international imports of goods or services.
547 (b) Stability.—The industry is not subject to periodic
548 layoffs, whether due to seasonality or sensitivity to volatile
549 economic variables such as weather. The industry is also
550 relatively resistant to recession, so that the demand for

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551 products of this industry is not typically subject to decline
552 during an economic downturn.
553 (c) High wage.—The industry pays relatively high wages
554 compared to statewide or area averages.
555 (d) Market and resource independent.—The industry business
556 location is not dependent on markets or resources in the state
557 as indicated by industry analysis, except for businesses in the
558 renewable energy industry.
559 (e) Industrial base diversification and strengthening. —The
560 industry contributes toward expanding or diversifying the
561 state's or area's economic base, as indicated by analysis of
562 employment and output shares compared to national and regional
563 trends. Special consideration should be given to industries that
564 strengthen regional economies by adding value to basic produc ts
565 or building regional industrial clusters as indicated by
566 industry analysis. Special consideration should also be given to
567 the development of strong industrial clusters that include
568 defense and homeland security businesses.
569 (f) Positive economic impact.—The industry has strong
570 positive economic impacts on or benefits to the state or
571 regional economies. Special consideration should be given to
572 industries that facilitate the development of the state as a hub
573 for domestic and global trade and logistics.
574
575 The term does not include any business engaged in retail

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576 industry activities; any electrical utility company as defined
577 in s. 366.02(4); any phosphate or other solid minerals
578 severance, mining, or processing operation; any oil or gas
579 exploration or production operation; or any business subject to
580 regulation by the Division of Hotels and Restaurants of the
581 Department of Business and Professional Regulation. Any business
582 within NAICS code 5611 or 5614, office administrative services
583 and business support services, respectively, may be considered a
584 target industry business only after the local governing body and
585 the Department of Economic Opportunity determine that the
586 community in which the business may locate has conditions
587 affecting the fiscal and economic viability of the local
588 community or area, including, but not limited to, low per capita
589 income, high unemployment, high underemployment, and a lack of
590 year-round stable employment opportunities, and such conditions
591 may be improved by the business locating in such community. By
592 January 1 of every 3rd year, beginning January 1, 2011, the
593 Department of Economic Opportunity, in consultation with
594 economic development organizations, the State University System,
595 local governments, employee and employer organizations, market
596 analysts, and economists, shall review and, as appropriate,
597 revise the list of target industries and submit the list to the
598 Governor, the President of the Senate, and the Speaker of the
599 House of Representatives.
600 (15)(14) "New business" means:

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601 (a)1. A business or organization establishing 10 or more
602 new jobs to employ 10 or more full-time employees in this state,
603 paying an average wage for such new jobs that is above the
604 average wage in the area, which principally engages in any one
605 or more of the following operations:
606 a. manufactures, processes, compounds, fabricates, or
607 produces for sale items of tangible personal property at a fixed
608 location and which comprises an industrial or manufacturing
609 plant; or
610 b. Is a target industry business as defined in subsection
611 (11) s. 288.106(2)(q);
612 2. A business or organization establishing 25 or more new
613 jobs to employ 25 or more full-time employees in this state, the
614 sales factor of which, as defined by s. 220.15(5), for the
615 facility with respect to which it requests an economic
616 development ad valorem tax exemption is less than 0.50 for each
617 year the exemption is claimed; or
618 3. An office space in this state owned and used by a
619 business or organization newly domiciled in this state; provided
620 such office space houses 50 or more full-time employees of such
621 business or organization; provided that such business or
622 organization office first begins operation on a site clearly
623 separate from any other commercial or industrial operation owned
624 by the same business or organization.
625 (16)(15) "Expansion of an existing business" means:

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626 (a)1. A business or organization establishing 10 or more
627 new jobs to employ 10 or more full-time employees in this state,
628 paying an average wage for such new jobs that is above the
629 average wage in the area, which principally engages in any of
630 the operations referred to in subparagraph (15)(a)1. (14)(a)1.;
631 or
632 2. A business or organization establishing 25 or more new
633 jobs to employ 25 or more full-time employees in this state, the
634 sales factor of which, as defined by s. 220.15(5), for the
635 facility with respect to which it requests an economic
636 development ad valorem tax exemption is less than 0.50 for each
637 year the exemption is claimed; provided that such business
638 increases operations on a site located within the same county,
639 municipality, or both colocated with a commercial or industrial
640 operation owned by the same business or organization under
641 common control with the same business or organization, resulting
642 in a net increase in employment of not less than 10 percent or
643 an increase in productive output or sales of not less than 10
644 percent.
645 (17)(16) "Permanent resident" means a person who has
646 established a permanent residence as defined in subsection (18)
647 (17).
648 Section 15. Subsection (2) of section 196.101, Florida
649 Statutes, is amended to read:
650 196.101 Exemption for totally and permanently disabled

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651 persons.—
652 (2) Any real estate used and owned as a homestead by a
653 paraplegic, hemiplegic, or other totally and permanently
654 disabled person, as defined in s. 196.012(12) s. 196.012(11),
655 who must use a wheelchair for mobility or who is legally blind,
656 is exempt from taxation.
657 Section 16. Subsection (2) of section 196.121, Florida
658 Statutes, is amended to read:
659 196.121 Homestead exemptions; forms.—
660 (2) The forms shall require the taxpayer to furnish
661 certain information to the property appraiser for the purpose of
662 determining that the taxpayer is a permanent resident as defined
663 in s. 196.012(17) s. 196.012(16). Such information may include,
664 but need not be limited to, the factors enumerated in s.
665 196.015.
666 Section 17. Section 196.198, Florida Statutes, is amended
667 to read:
668 196.198 Educational property exemption.—Educational
669 institutions within this state and their property used by th em
670 or by any other exempt entity or educational institution
671 exclusively for educational purposes are exempt from taxation.
672 Sheltered workshops providing rehabilitation and retraining of
673 individuals who have disabilities and exempted by a certificate
674 under s. (d) of the federal Fair Labor Standards Act of 1938, as
675 amended, are declared wholly educational in purpose and are

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676 exempt from certification, accreditation, and membership
677 requirements set forth in s. 196.012. Those portions of property
678 of college fraternities and sororities certified by the
679 president of the college or university to the appropriate
680 property appraiser as being essential to the educational process
681 are exempt from ad valorem taxation. The use of property by
682 public fairs and expositions chartered by chapter 616 is
683 presumed to be an educational use of such property and is exempt
684 from ad valorem taxation to the extent of such use. Property
685 used exclusively for educational purposes shall be deemed owned
686 by an educational institution if the entity owning 100 percent
687 of the educational institution is owned by the identical persons
688 who own the property, or if the entity owning 100 percent of the
689 educational institution and the entity owning the property are
690 owned by the identical natural persons. Land, buildings, and
691 other improvements to real property used exclusively for
692 educational purposes shall be deemed owned by an educational
693 institution if the entity owning 100 percent of the land is a
694 nonprofit entity and the land is used, under a ground le ase or
695 other contractual arrangement, by an educational institution
696 that owns the buildings and other improvements to the real
697 property, is a nonprofit entity under s. 501(c)(3) of the
698 Internal Revenue Code, and provides education limited to
699 students in prekindergarten through grade 8. Land, buildings,
700 and other improvements to real property used exclusively for

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701 educational purposes are deemed owned by an educational
702 institution if the educational institution that currently uses
703 the land, buildings, and other improvements for educational
704 purposes is an educational institution described in s. 212.0602,
705 and, under a lease, the educational institution is responsible
706 for any taxes owed and for ongoing maintenance and operational
707 expenses for the land, buildings, and other improvements. For
708 such leasehold properties, the educational institution shall
709 receive the full benefit of the exemption. The owner of the
710 property shall disclose to the educational institution the full
711 amount of the benefit derived from the exemption and the method
712 for ensuring that the educational institution receives the
713 benefit. Notwithstanding ss. 196.195 and 196.196, property owned
714 by a house of public worship and used by an educational
715 institution for educational purposes limited to students in
716 preschool through grade 8 shall be exempt from ad valorem taxes.
717 If legal title to property is held by a governmental agency that
718 leases the property to a lessee, the property shall be deemed to
719 be owned by the governmental agency and used exclusivel y for
720 educational purposes if the governmental agency continues to use
721 such property exclusively for educational purposes pursuant to a
722 sublease or other contractual agreement with that lessee. If the
723 title to land is held by the trustee of an irrevocable inter
724 vivos trust and if the trust grantor owns 100 percent of the
725 entity that owns an educational institution that is using the

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726 land exclusively for educational purposes, the land is deemed to
727 be property owned by the educational institution for purposes of
728 this exemption. Property owned by an educational institution
729 shall be deemed to be used for an educational purpose if the
730 institution has taken affirmative steps to prepare the property
731 for educational use. The term "affirmative steps" means
732 environmental or land use permitting activities, creation of
733 architectural plans or schematic drawings, land clearing or site
734 preparation, construction or renovation activities, or other
735 similar activities that demonstrate commitment of the property
736 to an educational use.
737 Section 18. Subsections (6) and (11) of section 196.1995,
738 Florida Statutes, are amended to read:
739 196.1995 Economic development ad valorem tax exemption. —
740 (6) With respect to a new business as defined in s.
741 196.012(15)(c) by s. 196.012(14)(c), the municipality annexing
742 the property on which the business is situated may grant an
743 economic development ad valorem tax exemption under this section
744 to that business for a period that will expire upon the
745 expiration of the exemption granted by the county. If the county
746 renews the exemption under subsection (7), the municipality may
747 also extend its exemption. A municipal economic development ad
748 valorem tax exemption granted under this subsection may not
749 extend beyond the duration of the county exemption.
750 (11) An ordinance granting an exemption under this section

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751 shall be adopted in the same manner as any other ordinance of
752 the county or municipality and shall include the following:
753 (a) The name and address of the new business or expansion
754 of an existing business to which the exemption is granted;
755 (b) The total amount of revenue available to the county or
756 municipality from ad valorem tax sources for the current fiscal
757 year, the total amount of revenue lost to the county or
758 municipality for the current fiscal year by virtue of economic
759 development ad valorem tax exemptions currently in effect, and
760 the estimated revenue loss to the county or municipality for the
761 current fiscal year attributable to the exemption of the
762 business named in the ordinance;
763 (c) The period of time for which the exemption will remain
764 in effect and the expiration date of the exemption, which may be
765 any period of time up to 10 years, or up to 20 years for a data
766 center; and
767 (d) A finding that the business named in the ordinance
768 meets the requirements of s. 196.012(15) or (16) s. 196.012(14)
769 or (15).
770 Section 19. Paragraph (e) of subsection (1) of section
771 197.3181, Florida Statutes, is amended to read:
772 197.3181 Refund of taxes for residential improvements
773 rendered uninhabitable by Hurricane Ian or Hurricane Nicole.—
774 (1) As used in this section, the term:
775 (e) "Residential improvement" means a residential dwelling

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776 or house on real estate used and owned as a homestead as defined
777 in s. 196.012(14) s. 196.012(13) or used as nonhomestead
778 residential property as defined in s. 193.1554(1). A residential
779 improvement does not include a structure that is not essential
780 to the use and occupancy of the residential dwelling or house,
781 including, but not limited to, a detached utility buildi ng,
782 detached carport, detached garage, bulkhead, fence, or swimming
783 pool, and does not include land.
784 Section 20. Paragraph (f) of subsection (1) of section
785 197.319, Florida Statutes, is amended to read:
786 197.319 Refund of taxes for residential improvements
787 rendered uninhabitable by a catastrophic event.—
788 (1) As used in this section, the term:
789 (f) "Residential improvement" means real estate used and
790 owned as a homestead as defined in s. 196.012(14) s. 196.012(13)
791 or nonhomestead residential property as defined in s.
792 193.1554(1). A residential improvement does not include a
793 structure that is not essential to the use and occupancy of the
794 residential dwelling or house, including, but not limited to, a
795 detached utility building, detached carport, detached garage,
796 bulkhead, fence, or swimming pool, and does not include land.
797 Section 21. Paragraph (a) of subsection (14) of section
798 212.02, Florida Statutes, is amended to read:
799 212.02 Definitions.—The following terms and phrases when
800 used in this chapter have the meanings ascribed to them in this

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801 section, except where the context clearly indicates a different
802 meaning:
803 (14)(a) "Retail sale" or a "sale at retail" means a sale
804 to a consumer or to any person for any purpose other than for
805 resale in the form of tangible personal property or services
806 taxable under this chapter, and includes all such transactions
807 that may be made in lieu of retail sales or sales at retail. A
808 sale for resale includes a sale of qualifying property. As used
809 in this paragraph, the term "qualifying property" means tangible
810 personal property, other than electricity, which is used or
811 consumed by a government contractor in the performance of a
812 qualifying contract as defined in s. 212.08(16)(c) s.
813 212.08(17)(c), to the extent that the cost of the property is
814 allocated or charged as a direct item of cost to such contract,
815 title to which property vests in or passes to the government
816 under the contract. The term "government contractor" includes
817 prime contractors and subcontractors. As used in this paragraph,
818 a cost is a "direct item of cost" if it is a "direct cost" as
819 defined in 48 C.F.R. s. 9904.418-30(a)(2), or similar successor
820 provisions, including costs identified specifically with a
821 particular contract.
822 Section 22. Paragraph (a) of subsection (1) of section
823 212.031, Florida Statutes, is amended to read:
824 212.031 Tax on rental or license fee for use of real
825 property.—

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826 (1)(a) It is declared to be the legislative intent that
827 every person is exercising a taxable privilege who engages in
828 the business of renting, leasing, letting, or granting a license
829 for the use of any real property unless such property is:
830 1. Assessed as agricultural property under s. 193 .461.
831 2. Used exclusively as dwelling units.
832 3. Property subject to tax on parking, docking, or storage
833 spaces under s. 212.03(6).
834 4. Recreational property or the common elements of a
835 condominium when subject to a lease between the developer or
836 owner thereof and the condominium association in its own right
837 or as agent for the owners of individual condominium units or
838 the owners of individual condominium units. However, only the
839 lease payments on such property shall be exempt from the tax
840 imposed by this chapter, and any other use made by the owner or
841 the condominium association shall be fully taxable under this
842 chapter.
843 5. A public or private street or right-of-way and poles,
844 conduits, fixtures, and similar improvements located on such
845 streets or rights-of-way, occupied or used by a utility or
846 provider of communications services, as defined by s. 202.11,
847 for utility or communications or television purposes. For
848 purposes of this subparagraph, the term "utility" means any
849 person providing utility services as defined in s. 203.012. This
850 exception also applies to property, wherever located, on which

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851 the following are placed: towers, antennas, cables, accessory
852 structures, or equipment, not including switching equipment,
853 used in the provision of mobile communications services as
854 defined in s. 202.11. For purposes of this chapter, towers used
855 in the provision of mobile communications services, as defined
856 in s. 202.11, are considered to be fixtures.
857 6. A public street or road which is used for
858 transportation purposes.
859 7. Property used at an airport exclusively for the purpose
860 of aircraft landing or aircraft taxiing or property used by an
861 airline for the purpose of loading or unloading passengers or
862 property onto or from aircraft or for fueling aircraft.
863 8.a. Property used at a port authority, as defined in s.
864 315.02(2), exclusively for the purpose of oceangoing vessels or
865 tugs docking, or such vessels mooring on property used by a port
866 authority for the purpose of loading or unloading passengers or
867 cargo onto or from such a vessel, or property used at a port
868 authority for fueling such vessels, or to the extent that the
869 amount paid for the use of any property at the port is based on
870 the charge for the amount of tonnage actually imported or
871 exported through the port by a tenant.
872 b. The amount charged for the use of any property at the
873 port in excess of the amount charged for tonnage actually
874 imported or exported shall remain subject to tax except as
875 provided in sub-subparagraph a.

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876 9. Property used as an integral part of the performance of
877 qualified production services. As used in this subparagraph, the
878 term "qualified production services" means any activity or
879 service performed directly in connection with the production of
880 a qualified motion picture, as defined in s. 212.06(1)(b), and
881 includes:
882 a. Photography, sound and recording, casting, location
883 managing and scouting, shooting, creation of special and optical
884 effects, animation, adaptation (language, media, electronic, or
885 otherwise), technological modifications, computer graphics, set
886 and stage support (such as electricians, lighting designers and
887 operators, greensmen, prop managers and assistants, and grips),
888 wardrobe (design, preparation, and management), hair and makeup
889 (design, production, and application), performing (such as
890 acting, dancing, and playing), designing and executing stunts,
891 coaching, consulting, writing, scoring, composing,
892 choreographing, script supervising, directing, producing,
893 transmitting dailies, dubbing, mixing, editing, cutting,
894 looping, printing, processing, duplicating, storing, and
895 distributing;
896 b. The design, planning, engineering, construction,
897 alteration, repair, and maintenance of real or personal property
898 including stages, sets, props, models, paintings, and facilities
899 principally required for the performance of those services
900 listed in sub-subparagraph a.; and

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901 c. Property management services directly related to
902 property used in connection with the services described in sub-
903 subparagraphs a. and b.
904
905 This exemption will inure to the taxpayer upon presentation of
906 the certificate of exemption issued to the taxpayer under the
907 provisions of s. 288.1258.
908 9.10. Leased, subleased, licensed, or rented to a person
909 providing food and drink concessionaire services within the
910 premises of a convention hall, exhibition hall, auditorium,
911 stadium, theater, arena, civic center, performing arts center,
912 publicly owned recreational facility, or any business operated
913 under a permit issued pursuant to chapter 550. A person
914 providing retail concessionaire services involving the sale of
915 food and drink or other tangible personal property within the
916 premises of an airport shall be subject to tax on the rental of
917 real property used for that purpose, but shall not be subject to
918 the tax on any license to use the property. For purposes of this
919 subparagraph, the term "sale" shall not include the leasing of
920 tangible personal property.
921 10.11. Property occupied pursuant to an instrument calling
922 for payments which the department has declared, in a Technic al
923 Assistance Advisement issued on or before March 15, 1993, to be
924 nontaxable pursuant to rule 12A-1.070(19)(c), Florida
925 Administrative Code; provided that this subparagraph shall only

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926 apply to property occupied by the same person before and after
927 the execution of the subject instrument and only to those
928 payments made pursuant to such instrument, exclusive of renewals
929 and extensions thereof occurring after March 15, 1993.
930 11.12. Property used or occupied predominantly for space
931 flight business purposes. As used in this subparagraph, "space
932 flight business" means the manufacturing, processing, or
933 assembly of a space facility, space propulsion system, space
934 vehicle, satellite, or station of any kind possessing the
935 capacity for space flight, as defined by s. 212.02(23), or
936 components thereof, and also means the following activities
937 supporting space flight: vehicle launch activities, flight
938 operations, ground control or ground support, and all
939 administrative activities directly related thereto. Property
940 shall be deemed to be used or occupied predominantly for space
941 flight business purposes if more than 50 percent of the
942 property, or improvements thereon, is used for one or more space
943 flight business purposes. Possession by a landlord, lessor, or
944 licensor of a signed written statement from the tenant, lessee,
945 or licensee claiming the exemption shall relieve the landlord,
946 lessor, or licensor from the responsibility of collecting the
947 tax, and the department shall look solely to the tenant, lessee,
948 or licensee for recovery of such tax if it determines that the
949 exemption was not applicable.
950 12.13. Rented, leased, subleased, or licensed to a person

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951 providing telecommunications, data systems management, or
952 Internet services at a publicly or privately owned convention
953 hall, civic center, or meeting space at a public lodging
954 establishment as defined in s. 509.013. This subparagraph
955 applies only to that portion of the rental, lease, or license
956 payment that is based upon a percentage of sales, revenue
957 sharing, or royalty payments and not based upon a fixed price.
958 This subparagraph is intended to be clarifying and remedial in
959 nature and shall apply retroactively. This subparagraph does not
960 provide a basis for an assessment of any tax not paid, or create
961 a right to a refund of any tax paid, pursuant to this section
962 before July 1, 2010.
963 Section 23. Paragraph (b) of subsection (1) of section
964 212.06, Florida Statutes, is amended to read:
965 212.06 Sales, storage, use tax; collectible from dealers;
966 "dealer" defined; dealers to collect from purchasers;
967 legislative intent as to scope of tax.—
968 (1)
969 (b) Except as otherwise provided, any person who
970 manufactures, produces, compounds, processes, or fabricates in
971 any manner tangible personal property for his or her own use
972 shall pay a tax upon the cost of the product manufactured,
973 produced, compounded, processed, or fabricated without any
974 deduction therefrom on account of the cost of material used,
975 labor or service costs, or transportation charges,

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976 notwithstanding the provisions of s. 212.02 defining "cost
977 price." However, the tax levied under this paragraph shall not
978 be imposed upon any person who manufactures or produces
979 electrical power or energy, steam energy, or other energy at a
980 single location, when such power or energy is used di rectly and
981 exclusively at such location, or at other locations if the
982 energy is transferred through facilities of the owner in the
983 operation of machinery or equipment that is used to manufacture,
984 process, compound, produce, fabricate, or prepare for shipme nt
985 tangible personal property for sale or to operate pollution
986 control equipment, maintenance equipment, or monitoring or
987 control equipment used in such operations. The manufacture or
988 production of electrical power or energy that is used for space
989 heating, lighting, office equipment, or air-conditioning or any
990 other, nonprocessing, noncompounding, nonproducing,
991 nonfabricating, or nonshipping activity is taxable. Electrical
992 power or energy consumed or dissipated in the transmission or
993 distribution of electrical power or energy for resale is also
994 not taxable. Fabrication labor shall not be taxable when a
995 person is using his or her own equipment and personnel, for his
996 or her own account, as a producer, subproducer, or coproducer of
997 a qualified motion picture. For purposes of this chapter, the
998 term "qualified motion picture" means all or any part of a
999 series of related images, either on film, tape, or other
1000 embodiment, including, but not limited to, all items comprising

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1001 part of the original work and film-related products derived
1002 therefrom as well as duplicates and prints thereof and all sound
1003 recordings created to accompany a motion picture, which is
1004 produced, adapted, or altered for exploitation in, on, or
1005 through any medium or device and at any location, primarily for
1006 entertainment, commercial, industrial, or educational purposes.
1007 This exemption for fabrication labor associated with production
1008 of a qualified motion picture will inure to the taxpayer upon
1009 presentation of the certificate of exemption issued to the
1010 taxpayer under the provisions of s. 288.1258. A person who
1011 manufactures factory-built buildings for his or her own use in
1012 the performance of contracts for the construction or improvement
1013 of real property shall pay a tax only upon the person's cost
1014 price of items used in the manufacture of such buildings.
1015 Section 24. Section 212.0602, Florida Statutes, is
1016 repealed.
1017 Section 25. Paragraphs (g) through (p) and (r) through (u)
1018 of subsection (5) of section 212.08, Florida Statutes, are
1019 redesignated as paragraphs (f) through (o) and (p) through (s),
1020 respectively, subsections (13) through (18) are renumbered as
1021 subsections (12) through (17), respectively, and paragraph (f)
1022 and present paragraphs (h), (j), and (q) of subsection (5),
1023 present subsection (12), and paragraph (f) of present subsection
1024 (15) of that section are amended to read:
1025 212.08 Sales, rental, use, consumption, distribution, and

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1026 storage tax; specified exemptions.—The sale at retail, the
1027 rental, the use, the consumption, the distribution, a nd the
1028 storage to be used or consumed in this state of the following
1029 are hereby specifically exempt from the tax imposed by this
1030 chapter.
1031 (5) EXEMPTIONS; ACCOUNT OF USE.—
1032 (f) Motion picture or video equipment used in motion
1033 picture or television production activities and sound recording
1034 equipment used in the production of master tapes and master
1035 records.—
1036 1. Motion picture or video equipment and sound recording
1037 equipment purchased or leased for use in this state in
1038 production activities is exempt from the tax imposed by this
1039 chapter. The exemption provided by this paragraph shall inure to
1040 the taxpayer upon presentation of the certificate of exemption
1041 issued to the taxpayer under the provisions of s. 288.1258.
1042 2. For the purpose of the exemption provided in
1043 subparagraph 1.:
1044 a. "Motion picture or video equipment" and "sound
1045 recording equipment" includes only tangible personal property or
1046 other property that has a depreciable life of 3 years or more
1047 and that is used by the lessee or purchaser exclusive ly as an
1048 integral part of production activities; however, motion picture
1049 or video equipment and sound recording equipment does not
1050 include supplies, tape, records, film, or video tape used in

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1051 productions or other similar items; vehicles or vessels; or
1052 general office equipment not specifically suited to production
1053 activities. In addition, the term does not include equipment
1054 purchased or leased by television or radio broadcasting or cable
1055 companies licensed by the Federal Communications Commission.
1056 Furthermore, a building and its structural components are not
1057 motion picture or video equipment and sound recording equipment
1058 unless the building or structural component is so closely
1059 related to the motion picture or video equipment and sound
1060 recording equipment that it houses or supports that the building
1061 or structural component can be expected to be replaced when the
1062 motion picture or video equipment and sound recording equipment
1063 are replaced. Heating and air-conditioning systems are not
1064 motion picture or video equipment and sound recording equipment
1065 unless the sole justification for their installation is to meet
1066 the requirements of the production activities, even though the
1067 system may provide incidental comfort to employees or serve, to
1068 an insubstantial degree, nonproduction activities.
1069 b. "Production activities" means activities directed
1070 toward the preparation of a:
1071 (I) Master tape or master record embodying sound; or
1072 (II) Motion picture or television production which is
1073 produced for theatrical, commercial, advertising, or educational
1074 purposes and utilizes live or animated actions or a combination
1075 of live and animated actions. The motion picture or television

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1076 production shall be commercially produced for sale or for
1077 showing on screens or broadcasting on television and may be on
1078 film or video tape.
1079 (g)(h) Business property used in an enterprise zone.—
1080 1. Business property purchased for use by businesses
1081 located in an enterprise zone which is subsequently used in an
1082 enterprise zone shall be exempt from the tax imposed by this
1083 chapter. This exemption inures to the business only through a
1084 refund of previously paid taxes. A refund shall be authorized
1085 upon an affirmative showing by the taxpayer to the satisfaction
1086 of the department that the requirements of this paragraph have
1087 been met.
1088 2. To receive a refund, the business must file under oath
1089 with the governing body or enterprise zone development agency
1090 having jurisdiction over the enterprise zone where the business
1091 is located, as applicable, an application which includes:
1092 a. The name and address of the business claiming the
1093 refund.
1094 b. The identifying number assigned pursuant to s. 290.0065
1095 to the enterprise zone in which the business is located.
1096 c. A specific description of the property for which a
1097 refund is sought, including its serial number or other permanent
1098 identification number.
1099 d. The location of the property.
1100 e. The sales invoice or other proof of purchase of the

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1101 property, showing the amount of sales tax paid, the date of
1102 purchase, and the name and address of the sales tax dealer from
1103 whom the property was purchased.
1104 f. Whether the business is a small business as defined by
1105 s. 288.703.
1106 g. If applicable, the name and address of each permanent
1107 employee of the business, including, for each employee who is a
1108 resident of an enterprise zone, the identifying number assigned
1109 pursuant to s. 290.0065 to the enterprise zone in which the
1110 employee resides.
1111 3. Within 10 working days after receipt of an application,
1112 the governing body or enterprise zone development agency shall
1113 review the application to determine if it contains all the
1114 information required pursuant to subparagraph 2. and meets the
1115 criteria set out in this paragraph. The governing body or agency
1116 shall certify all applications that contain the information
1117 required pursuant to subparagraph 2. and meet the criteria set
1118 out in this paragraph as eligible to receive a refund. If
1119 applicable, the governing body or agency shall also certify if
1120 20 percent of the employees of the business are residents of an
1121 enterprise zone, excluding temporary and part-time employees.
1122 The certification shall be in writing, and a copy of the
1123 certification shall be transmitted to the executive director of
1124 the Department of Revenue. The business shall be responsible for
1125 forwarding a certified application to the department within the

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1126 time specified in subparagraph 4.
1127 4. An application for a refund pursuant to this paragraph
1128 must be submitted to the department within 6 months after the
1129 tax is due on the business property that is purchased.
1130 5. The amount refunded on purchases of business property
1131 under this paragraph shall be the lesser of 97 percent of the
1132 sales tax paid on such business property or $5,000, or, if no
1133 less than 20 percent of the employees of the business are
1134 residents of an enterprise zone, excluding temporary and part -
1135 time employees, the amount refunded on purchases of business
1136 property under this paragraph shall be the lesser of 97 percent
1137 of the sales tax paid on such business property or $10,000. A
1138 refund approved pursuant to this paragraph shall be made within
1139 30 days after formal approval by the department of the
1140 application for the refund. A refund may not be granted under
1141 this paragraph unless the amount to be refunded exceeds $100 in
1142 sales tax paid on purchases made within a 60-day time period.
1143 6. The department shall adopt rules governing the manner
1144 and form of refund applications and may establish guidelines as
1145 to the requisites for an affirmative showing of qualification
1146 for exemption under this paragraph.
1147 7. If the department determines that the business property
1148 is used outside an enterprise zone within 3 years from the date
1149 of purchase, the amount of taxes refunded to the business
1150 purchasing such business property shall immediately be due and

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1151 payable to the department by the business, together with the
1152 appropriate interest and penalty, computed from the date of
1153 purchase, in the manner provided by this chapter.
1154 Notwithstanding this subparagraph, business property used
1155 exclusively in:
1156 a. Licensed commercial fishing vessels,
1157 b. Fishing guide boats, or
1158 c. Ecotourism guide boats
1159
1160 that leave and return to a fixed location within an area
1161 designated under s. 379.2353, Florida Statutes 2010, are
1162 eligible for the exemption provided under this paragraph if all
1163 requirements of this paragraph are met. Such vessels and boats
1164 must be owned by a business that is eligible to receive the
1165 exemption provided under this paragraph. This exemption does not
1166 apply to the purchase of a vessel or boat.
1167 8. The department shall deduct an amount equal to 10
1168 percent of each refund granted under this paragraph from the
1169 amount transferred into the Local Government Half-cent Sales Tax
1170 Clearing Trust Fund pursuant to s. 212.20 for the county area in
1171 which the business property is located and shall transfer that
1172 amount to the General Revenue Fund.
1173 9. For the purposes of this exemption, "business property"
1174 means new or used property defined as "recovery property" in s.
1175 168(c) of the Internal Revenue Code of 1954, as amended, except:

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1176 a. Property classified as 3-year property under s.
1177 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
1178 b. Industrial machinery and equipment as defined in sub -
1179 subparagraph (b)6.a. and eligible for exemption under paragraph
1180 (b);
1181 c. Building materials as defined in sub-subparagraph
1182 (f)8.a. sub-subparagraph (g)8.a.; and
1183 d. Business property having a sales price of under $5,000
1184 per unit.
1185 10. This paragraph expires on the date specified in s.
1186 290.016 for the expiration of the Florida Enterprise Zone Act.
1187 (i)(j) Machinery and equipment used in semiconductor,
1188 defense, or space technology production.—
1189 1.a. Industrial machinery and equipment used in
1190 semiconductor technology facilities certified under subparagraph
1191 5. to manufacture, process, compound, or produce semiconductor
1192 technology products for sale or for use by these facilities are
1193 exempt from the tax imposed by this chapter. For purposes of
1194 this paragraph, industrial machinery and equipment includes
1195 molds, dies, machine tooling, other appurtenances or accessories
1196 to machinery and equipment, testing equipment, test beds,
1197 computers, and software, whether purchased or self-fabricated,
1198 and, if self-fabricated, includes materials and labor for
1199 design, fabrication, and assembly.
1200 b. Industrial machinery and equipment used in defense or

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1201 space technology facilities certified under subparagraph 5. to
1202 design, manufacture, assemble, process, compound, or produce
1203 defense technology products or space technology products for
1204 sale or for use by these facilities are exempt from the tax
1205 imposed by this chapter.
1206 2. Building materials purchased for use in manufacturing
1207 or expanding clean rooms in semiconductor-manufacturing
1208 facilities are exempt from the tax imposed by this chapter.
1209 3. In addition to meeting the criteria mandated by
1210 subparagraph 1. or subparagraph 2., a business must be certified
1211 by the Department of Economic Opportunity in order to qualify
1212 for exemption under this paragraph.
1213 4. For items purchased tax-exempt pursuant to this
1214 paragraph, possession of a written certification from the
1215 purchaser, certifying the purchaser's entitlement to the
1216 exemption, relieves the seller of the responsibility of
1217 collecting the tax on the sale of such items, and the department
1218 shall look solely to the purchaser for recovery of the tax if it
1219 determines that the purchaser was not entitled to the exemption.
1220 5.a. To be eligible to receive the exemption provided by
1221 subparagraph 1. or subparagraph 2., a qualifying business entity
1222 shall initially apply to the Department of Economic Opportunity
1223 Enterprise Florida, Inc. The original certification is valid for
1224 a period of 2 years. In lieu of submitting a new application,
1225 the original certification may be renewed biennially by

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1226 submitting to the Department of Economic Opportunity a
1227 statement, certified under oath, that there has not been a
1228 material change in the conditions or circumstances entitling the
1229 business entity to the original certification. The initial
1230 application and the certification renewal statement shall be
1231 developed by the Department of Economic Opportunity.
1232 b. The Division of Strategic Business Development of the
1233 Department of Economic Opportunity shall review each submitted
1234 initial application and determine whether or not the applicatio n
1235 is complete within 5 working days. Once complete, the division
1236 shall, within 10 working days, evaluate the application and
1237 recommend approval or disapproval to the Department of Economic
1238 Opportunity.
1239 c. Upon receipt of the initial application and
1240 recommendation from the division or upon receipt of a
1241 certification renewal statement, the Department of Economic
1242 Opportunity shall certify within 5 working days those applicants
1243 who are found to meet the requirements of this section and
1244 notify the applicant of the original certification or
1245 certification renewal. If the Department of Economic Opportunity
1246 finds that the applicant does not meet the requirements, it
1247 shall notify the applicant and Enterprise Florida, Inc., within
1248 10 working days that the application for certification has been
1249 denied and the reasons for denial. The Department of Economic
1250 Opportunity has final approval authority for certification under

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1251 this section.
1252 d. The initial application and certification renewal
1253 statement must indicate, for program evaluation purposes only,
1254 the average number of full-time equivalent employees at the
1255 facility over the preceding calendar year, the average wage and
1256 benefits paid to those employees over the preceding calendar
1257 year, the total investment made in real and tangible personal
1258 property over the preceding calendar year, and the total value
1259 of tax-exempt purchases and taxes exempted during the previous
1260 year. The department shall assist the Department of Economic
1261 Opportunity in evaluating and verifying information provided in
1262 the application for exemption.
1263 e. The Department of Economic Opportunity may use the
1264 information reported on the initial application and
1265 certification renewal statement for evaluation purposes only.
1266 6. A business certified to receive this exemption may
1267 elect to designate one or more state universities or community
1268 colleges as recipients of up to 100 percent of the amount of the
1269 exemption. To receive these funds, the institution must agree to
1270 match the funds with equivalent cash, programs, services, or
1271 other in-kind support on a one-to-one basis for research and
1272 development projects requested by the certified business. The
1273 rights to any patents, royalties, or real or intellectual
1274 property must be vested in the business unless otherwise agreed
1275 to by the business and the university or community college.

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1276 7. As used in this paragraph, the term:
1277 a. "Semiconductor technology products" means raw
1278 semiconductor wafers or semiconductor thin films that are
1279 transformed into semiconductor memory or logic wafers, including
1280 wafers containing mixed memory and logic circuits; related
1281 assembly and test operations; active-matrix flat panel displays;
1282 semiconductor chips; semiconductor lasers; optoelectronic
1283 elements; and related semiconductor technology products as
1284 determined by the Department of Economic Opportunity.
1285 b. "Clean rooms" means manufacturing facilities enclosed
1286 in a manner that meets the clean manufacturing requirements
1287 necessary for high-technology semiconductor-manufacturing
1288 environments.
1289 c. "Defense technology products" means products that have
1290 a military application, including, but not limited to, weapons,
1291 weapons systems, guidance systems, surveillance systems,
1292 communications or information systems, munitions, aircraft,
1293 vessels, or boats, or components thereof, which are intended for
1294 military use and manufactured in performance of a contract with
1295 the United States Department of Defense or the military branch
1296 of a recognized foreign government or a subcontract thereunder
1297 which relates to matters of national defense.
1298 d. "Space technology products" means products that are
1299 specifically designed or manufactured for application in space
1300 activities, including, but not limited to, space launch

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1301 vehicles, space flight vehicles, missiles, satellit es or
1302 research payloads, avionics, and associated control systems and
1303 processing systems and components of any of the foregoing. The
1304 term does not include products that are designed or manufactured
1305 for general commercial aviation or other uses even though those
1306 products may also serve an incidental use in space applications.
1307 (q) Entertainment industry tax credit; authorization;
1308 eligibility for credits.—The credits against the state sales tax
1309 authorized pursuant to s. 288.1254 shall be deducted from any
1310 sales and use tax remitted by the dealer to the department by
1311 electronic funds transfer and may only be deducted on a sales
1312 and use tax return initiated through electronic data
1313 interchange. The dealer shall separately state the credit on the
1314 electronic return. The net amount of tax due and payable must be
1315 remitted by electronic funds transfer. If the credit for the
1316 qualified expenditures is larger than the amount owed on the
1317 sales and use tax return that is eligible for the credit, the
1318 unused amount of the credit may be carried forward to a
1319 succeeding reporting period as provided in s. 288.1254(4)(e). A
1320 dealer may only obtain a credit using the method described in
1321 this subparagraph. A dealer is not authorized to obtain a credit
1322 by applying for a refund.
1323 (12) PARTIAL EXEMPTION; MASTER TAPES, RECORDS, FILMS, OR
1324 VIDEO TAPES.—
1325 (a) There are exempt from the taxes imposed by this

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1326 chapter the gross receipts from the sale or lease of, and the
1327 storage, use, or other consumption in this state of, master
1328 tapes or master records embodying sound, or master films or
1329 master video tapes; except that amounts paid to recording
1330 studios or motion picture or television studios for the tangible
1331 elements of such master tapes, records, films, or video tapes
1332 are taxable as otherwise provided in this chapter. This
1333 exemption will inure to the taxpayer upon presentation of the
1334 certificate of exemption issued to the taxpayer under the
1335 provisions of s. 288.1258.
1336 (b) For the purposes of this subsection, the term:
1337 1. "Amounts paid for the tangible elements" does not
1338 include any amounts paid for the copyrightable, artistic, or
1339 other intangible elements of such master tapes, records, films,
1340 or video tapes, whether designated as royalties or otherwise,
1341 including, but not limited to, services rendered in producing,
1342 fabricating, processing, or imprinting tangible personal
1343 property or any other services or production expenses in
1344 connection therewith which may otherwise be construed as
1345 constituting a "sale" under s. 212.02.
1346 2. "Master films or master video tapes" means films or
1347 video tapes utilized by the motion picture and television
1348 production industries in making visual images for reproduction.
1349 3. "Master tapes or master records embodying sound" means
1350 tapes, records, and other devices utilized by the recording

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1351 industry in making recordings embodying sound.
1352 4. "Motion picture or television studio" means a facility
1353 in which film or video tape productions or parts of productions
1354 are made and which contains the necessary equipment and
1355 personnel for this purpose and includes a mobile unit or vehicle
1356 that is equipped in much the same manner as a stationary studio
1357 and used in the making of film or video tape productions.
1358 5. "Recording studio" means a place where, by means of
1359 mechanical or electronic devices, voices, music, or other sounds
1360 are transmitted to tapes, records, or other devices capable of
1361 reproducing sound.
1362 6. "Recording industry" means any person engaged in an
1363 occupation or business of making recordings embodying sound for
1364 a livelihood or for a profit.
1365 7. "Motion picture or television production industry"
1366 means any person engaged in an occupation or business for a
1367 livelihood or for profit of making visual motion picture or
1368 television visual images for showing on screen or television for
1369 theatrical, commercial, advertising, or educational purposes.
1370 (14)(15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
1371 (f) For the purpose of the exemption provided in this
1372 subsection, the term "qualified business" means a business which
1373 is:
1374 1. First occupying a new structure to which electrical
1375 service, other than that used for construction purposes, has not

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1376 been previously provided or furnished;
1377 2. Newly occupying an existing, remodeled, renovated, or
1378 rehabilitated structure to which electrical service, other than
1379 that used for remodeling, renovation, or rehabilitation of the
1380 structure, has not been provided or furnished in the three
1381 preceding billing periods; or
1382 3. Occupying a new, remodeled, rebuilt, renovated, or
1383 rehabilitated structure for which a refund has been granted
1384 pursuant to paragraph (5)(f) (5)(g).
1385 Section 26. Section 212.097, Florida Statutes, is
1386 repealed.
1387 Section 27. Paragraph (a) of subsection (1) of section
1388 212.098, Florida Statutes, is amended to read:
1389 212.098 Rural Job Tax Credit Program.—
1390 (1) As used in this section, the term:
1391 (a) "Eligible business" means any sole proprietorship,
1392 firm, partnership, or corporation that is located in a qualified
1393 county and is predominantly engaged in, or is headquarters for a
1394 business predominantly engaged in, activities usually provided
1395 for consideration by firms classified within the following
1396 standard industrial classifications: SIC 01-SIC 09 (agriculture,
1397 forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
1398 (public warehousing and storage); SIC 70 (hotels and other
1399 lodging places); SIC 7391 (research and development); SIC 781
1400 (motion picture production and allied services); SIC 7992

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1401 (public golf courses); and SIC 7996 (amusement parks); and a
1402 targeted industry eligible for the qualified target industry
1403 business tax refund under s. 288.106. A call center or similar
1404 customer service operation that services a multistate market or
1405 an international market is also an eligible business. In
1406 addition, the Department of Economic Opportunity may, as part of
1407 its final budget request submitted pursuant to s. 216.023,
1408 recommend additions to or deletions from the list of standard
1409 industrial classifications used to determine an eligible
1410 business, and the Legislature may implement such
1411 recommendations. Excluded from eligible receipts are receipts
1412 from retail sales, except such receipts for hotels and other
1413 lodging places classified in SIC 70, public golf courses in SIC
1414 7992, and amusement parks in SIC 7996. For purposes of thi s
1415 paragraph, the term "predominantly" means that more than 50
1416 percent of the business's gross receipts from all sources is
1417 generated by those activities usually provided for consideration
1418 by firms in the specified standard industrial classification.
1419 The determination of whether the business is located in a
1420 qualified county and the tier ranking of that county must be
1421 based on the date of application for the credit under this
1422 section. Commonly owned and controlled entities are to be
1423 considered a single business entity.
1424 Section 28. Paragraph (d) of subsection (6) of section
1425 212.20, Florida Statutes, is amended to read:

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1426 212.20 Funds collected, disposition; additional powers of
1427 department; operational expense; refund of taxes adjudicated
1428 unconstitutionally collected.—
1429 (6) Distribution of all proceeds under this chapter and
1430 ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
1431 (d) The proceeds of all other taxes and fees imposed
1432 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
1433 and (2)(b) shall be distributed as follows:
1434 1. In any fiscal year, the greater of $500 million, minus
1435 an amount equal to 4.6 percent of the proceeds of the taxes
1436 collected pursuant to chapter 201, or 5.2 percent of all other
1437 taxes and fees imposed pursuant to this chapter or remitted
1438 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
1439 monthly installments into the General Revenue Fund.
1440 2. After the distribution under subparagraph 1., 8.9744
1441 percent of the amount remitted by a sales tax dealer locat ed
1442 within a participating county pursuant to s. 218.61 shall be
1443 transferred into the Local Government Half-cent Sales Tax
1444 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
1445 transferred shall be reduced by 0.1 percent, and the department
1446 shall distribute this amount to the Public Employees Relations
1447 Commission Trust Fund less $5,000 each month, which shall be
1448 added to the amount calculated in subparagraph 3. and
1449 distributed accordingly.
1450 3. After the distribution under subparagraphs 1. and 2.,

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1451 0.0966 percent shall be transferred to the Local Government
1452 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
1453 to s. 218.65.
1454 4. After the distributions under subparagraphs 1., 2., and
1455 3., 2.0810 percent of the available proceeds shall be
1456 transferred monthly to the Revenue Sharing Trust Fund for
1457 Counties pursuant to s. 218.215.
1458 5. After the distributions under subparagraphs 1., 2., and
1459 3., 1.3653 percent of the available proceeds shall be
1460 transferred monthly to the Revenue Sharing Trust Fund for
1461 Municipalities pursuant to s. 218.215. If the total revenue to
1462 be distributed pursuant to this subparagraph is at least as
1463 great as the amount due from the Revenue Sharing Trust Fund for
1464 Municipalities and the former Municipal Financial Assistance
1465 Trust Fund in state fiscal year 1999-2000, no municipality shall
1466 receive less than the amount due from the Revenue Sharing Trust
1467 Fund for Municipalities and the former Municipal Financial
1468 Assistance Trust Fund in state fiscal year 1999-2000. If the
1469 total proceeds to be distributed are less than the amount
1470 received in combination from the Revenue Sharing Trust Fund for
1471 Municipalities and the former Municipal Financial Assistance
1472 Trust Fund in state fiscal year 1999-2000, each municipality
1473 shall receive an amount proportionate to the amount it was due
1474 in state fiscal year 1999-2000.
1475 6. Of the remaining proceeds:

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1476 a. In each fiscal year, the sum of $29,915,500 shall be
1477 divided into as many equal parts as there are counties in the
1478 state, and one part shall be distributed to each county. The
1479 distribution among the several counties must begin each fiscal
1480 year on or before January 5th and continue monthly for a total
1481 of 4 months. If a local or special law required that any moneys
1482 accruing to a county in fiscal year 1999-2000 under the then-
1483 existing provisions of s. 550.135 be paid directly to the
1484 district school board, special district, or a municipal
1485 government, such payment must continue until the local or
1486 special law is amended or repealed. The state covenants with
1487 holders of bonds or other instruments of indebtedness issued by
1488 local governments, special districts, or district school boards
1489 before July 1, 2000, that it is not the intent of this
1490 subparagraph to adversely affect the rights of those holders or
1491 relieve local governments, special districts, or district school
1492 boards of the duty to meet their obligations as a result of
1493 previous pledges or assignments or trusts entered into which
1494 obligated funds received from the distribution to county
1495 governments under then-existing s. 550.135. This distribution
1496 specifically is in lieu of funds distributed under s. 550.135
1497 before July 1, 2000.
1498 b. The department shall distribute $166,667 monthly to
1499 each applicant certified as a facility for a new or retained
1500 professional sports franchise pursuant to former s. 288.1162. Up

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1501 to $41,667 shall be distributed monthly by the department to
1502 each certified applicant as defined in former s. 288.11621 for a
1503 facility for a spring training franchise. However, not more than
1504 $416,670 may be distributed monthly in the aggregate to all
1505 certified applicants for facilities for spring training
1506 franchises. Distributions begin 60 days after such certification
1507 and continue for not more than 30 years, except as otherwise
1508 provided in former s. 288.11621. A certified applicant
1509 identified in this sub-subparagraph may not receive more in
1510 distributions than expended by the applicant for the public
1511 purposes provided in former s. 288.1162(5) or former s.
1512 288.11621(3).
1513 c. Beginning 30 days after notice by the Department of
1514 Economic Opportunity to the Department of Revenue that an
1515 applicant has been certified as the professional golf hall of
1516 fame pursuant to s. 288.1168 and is open to the public, $166,667
1517 shall be distributed monthly, for up to 300 months, to the
1518 applicant.
1519 d. Beginning 30 days after notice by the Department of
1520 Economic Opportunity to the Department of Revenue t hat the
1521 applicant has been certified as the International Game Fish
1522 Association World Center facility pursuant to s. 288.1169, and
1523 the facility is open to the public, $83,333 shall be distributed
1524 monthly, for up to 168 months, to the applicant. This
1525 distribution is subject to reduction pursuant to s. 288.1169.

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1526 d.e. The department shall distribute up to $83,333 monthly
1527 to each certified applicant as defined in former s. 288.11631
1528 for a facility used by a single spring training franchise, or up
1529 to $166,667 monthly to each certified applicant as defined in
1530 former s. 288.11631 for a facility used by more than one spring
1531 training franchise. Monthly distributions begin 60 days after
1532 such certification or July 1, 2016, whichever is later, and
1533 continue for not more than 20 years to each certified applicant
1534 as defined in former s. 288.11631 for a facility used by a
1535 single spring training franchise or not more than 25 years to
1536 each certified applicant as defined in former s. 288.11631 for a
1537 facility used by more than one spring training franchise. A
1538 certified applicant identified in this sub-subparagraph may not
1539 receive more in distributions than expended by the applicant for
1540 the public purposes provided in former s. 288.11631(3).
1541 e.f. The Department shall distribute $15,333 monthly to the
1542 State Transportation Trust Fund.
1543 f.g.(I) On or before July 25, 2021, August 25, 2021, and
1544 September 25, 2021, the department shall distribute $324,533,334
1545 in each of those months to the Unemployment Compensation Trust
1546 Fund, less an adjustment for refunds issued from the General
1547 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
1548 distribution. The adjustments made by the department to the
1549 total distributions shall be equal to the total refunds made
1550 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be

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1551 subtracted from any single distribution exceeds the
1552 distribution, the department may not make that distribution and
1553 must subtract the remaining balance from the next distribution.
1554 (II) Beginning July 2022, and on or before the 25th day of
1555 each month, the department shall distribute $90 million monthly
1556 to the Unemployment Compensation Trust Fund.
1557 (III) If the ending balance of the Unemployment
1558 Compensation Trust Fund exceeds $4,071,519,600 on the last day
1559 of any month, as determined from United States Department of the
1560 Treasury data, the Office of Economic and Demographic Research
1561 shall certify to the department that the ending balance of the
1562 trust fund exceeds such amount.
1563 (IV) This sub-subparagraph is repealed, and the department
1564 shall end monthly distributions under sub-sub-subparagraph (II),
1565 on the date the department receives certification under sub-sub-
1566 subparagraph (III).
1567 7. All other proceeds must remain in the General Revenue
1568 Fund.
1569 Section 29. Subsection (2) of section 218.61, Florida
1570 Statutes, is amended to read:
1571 218.61 Local government half-cent sales tax; designated
1572 proceeds; trust fund.—
1573 (2) Money remitted by a sales tax dealer located within
1574 the county and transferred into the Local Government Half-cent
1575 Sales Tax Clearing Trust Fund shall be earmarked for

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1576 distribution to the governing body of that county and of each
1577 municipality within that county. Such distributions shall be
1578 made after funding is provided pursuant to s. 218.64(3), if
1579 applicable. Such moneys shall be known as the "local government
1580 half-cent sales tax."
1581 Section 30. Subsection (3) of section 218.64, Florida
1582 Statutes, is amended to read:
1583 218.64 Local government half-cent sales tax; uses;
1584 limitations.—
1585 (3) Subject to ordinances enacted by the majority of the
1586 members of the county governing authority and by the majority of
1587 the members of the governing authorities of municipalities
1588 representing at least 50 percent of the municipal population of
1589 such county, counties may use up to $3 million annually of the
1590 local government half-cent sales tax allocated to that county
1591 for any of the following purposes:
1592 (a) Funding a certified applicant as a facility for a new
1593 or retained professional sports franchise under former s.
1594 288.1162 or a certified applicant as defined in former s.
1595 288.11621 for a facility for a spring training franchise. It is
1596 the Legislature's intent that the provisions of s. 288.1162,
1597 including, but not limited to, the evaluation process by the
1598 Department of Economic Opportunity except for the limitation on
1599 the number of certified applicants or facilities as provided in
1600 that section and the restrictions set forth in s. 288.1162(8),

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1601 shall apply to an applicant's facility to be funded by local
1602 government as provided in this subsection.
1603 (b) Funding a certified applicant as a "motorsport
1604 entertainment complex," as provided for in former s. 288.1171.
1605 Funding for each franchise or motorsport complex shall begin 60
1606 days after certification and shall continue for not more than 30
1607 years.
1608 Section 31. Subsection (8) of section 220.02, Florida
1609 Statutes, is amended to read:
1610 220.02 Legislative intent.—
1611 (8) It is the intent of the Legislature that credits
1612 against either the corporate income tax or the franchise tax be
1613 applied in the following order: those enumerated in s. 631.828,
1614 those enumerated in former s. 220.191, those enumerated in s.
1615 220.181, those enumerated in s. 220.183, those enumerated in s.
1616 220.182, those enumerated in s. 220.1895, those enumerated in s.
1617 220.195, those enumerated in s. 220.184, those enumerated in s.
1618 220.186, those enumerated in s. 220.1845, those enumerated in s.
1619 220.19, those enumerated in s. 220.185, those enumerated in s.
1620 220.1875, those enumerated in s. 220.1876, those enumerated in
1621 s. 220.1877, those enumerated in s. 220.193, those enumerated in
1622 former s. 288.9916, those enumerated in former s. 220.1899,
1623 those enumerated in s. 220.194, those enumerated in s. 220.196,
1624 those enumerated in s. 220.198, and those enumerated in s.
1625 220.1915.

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1626 Section 32. Paragraph (a) of subsection (1) of section
1627 220.13, Florida Statutes, is amended to read:
1628 220.13 "Adjusted federal income" defined.—
1629 (1) The term "adjusted federal income" means an amount
1630 equal to the taxpayer's taxable income as defined in subse ction
1631 (2), or such taxable income of more than one taxpayer as
1632 provided in s. 220.131, for the taxable year, adjusted as
1633 follows:
1634 (a) Additions.—There shall be added to such taxable
1635 income:
1636 1.a. The amount of any tax upon or measured by income,
1637 excluding taxes based on gross receipts or revenues, paid or
1638 accrued as a liability to the District of Columbia or any state
1639 of the United States which is deductible from gross income in
1640 the computation of taxable income for the taxable year.
1641 b. Notwithstanding sub-subparagraph a., if a credit taken
1642 under s. 220.1875, s. 220.1876, or s. 220.1877 is added to
1643 taxable income in a previous taxable year under subparagraph 11.
1644 and is taken as a deduction for federal tax purposes in the
1645 current taxable year, the amount of the deduction allowed shall
1646 not be added to taxable income in the current year. The
1647 exception in this sub-subparagraph is intended to ensure that
1648 the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is
1649 added in the applicable taxable year and does not result in a
1650 duplicate addition in a subsequent year.

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1651 2. The amount of interest which is excluded from taxable
1652 income under s. 103(a) of the Internal Revenue Code or any other
1653 federal law, less the associated expenses disallowed in the
1654 computation of taxable income under s. 265 of the Internal
1655 Revenue Code or any other law, excluding 60 percent of any
1656 amounts included in alternative minimum taxable income, as
1657 defined in s. 55(b)(2) of the Internal Revenue Code, if the
1658 taxpayer pays tax under s. 220.11(3).
1659 3. In the case of a regulated investment company or real
1660 estate investment trust, an amount equal to the excess of the
1661 net long-term capital gain for the taxable year over the amount
1662 of the capital gain dividends attributable to the taxable year.
1663 4. That portion of the wages or salaries paid or incurred
1664 for the taxable year which is equal to the amount of the credit
1665 allowable for the taxable year under s. 220.181. This
1666 subparagraph shall expire on the date specified in s. 290.016
1667 for the expiration of the Florida Enterprise Zone Act.
1668 5. That portion of the ad valorem school taxes paid or
1669 incurred for the taxable year which is equal to the amount of
1670 the credit allowable for the taxable year under s. 220.182. This
1671 subparagraph shall expire on the date specified in s. 290.016
1672 for the expiration of the Florida Enterprise Zone Act.
1673 6. The amount taken as a credit under s. 220.195 which is
1674 deductible from gross income in the computation of taxable
1675 income for the taxable year.

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1676 7. That portion of assessments to fund a guaranty
1677 association incurred for the taxable year which is equal to the
1678 amount of the credit allowable for the taxable year.
1679 8. In the case of a nonprofit corporation which holds a
1680 pari-mutuel permit and which is exempt from federal income tax
1681 as a farmers' cooperative, an amount equal to the excess of the
1682 gross income attributable to the pari-mutuel operations over the
1683 attributable expenses for the taxable year.
1684 9. The amount taken as a credit for the taxable year under
1685 s. 220.1895.
1686 10. Up to nine percent of the eligible basis of any
1687 designated project which is equal to the credit allowable for
1688 the taxable year under s. 220.185.
1689 11. Any amount taken as a credit for the taxable year under
1690 s. 220.1875, s. 220.1876, or s. 220.1877. The addition in this
1691 subparagraph is intended to ensure that the same amount is not
1692 allowed for the tax purposes of this state as both a deduction
1693 from income and a credit against the tax. This addition is not
1694 intended to result in adding the same expense back to income
1695 more than once.
1696 12. The amount taken as a credit for the taxable year
1697 under s. 220.193.
1698 13. Any portion of a qualified investment, as defined in
1699 s. 288.9913, which is claimed as a deduction by the taxpayer and
1700 taken as a credit against income tax pursuant to s. 288.9916.

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1701 14. The costs to acquire a tax credit pursuant to s.
1702 288.1254(5) that are deducted from or otherwise reduce federal
1703 taxable income for the taxable year.
1704 13.15. The amount taken as a credit for the taxable year
1705 pursuant to s. 220.194.
1706 14.16. The amount taken as a credit for the taxable year
1707 under s. 220.196. The addition in this subparagraph is intended
1708 to ensure that the same amount is not allowed for the tax
1709 purposes of this state as both a deduction from income and a
1710 credit against the tax. The addition is not intended to result
1711 in adding the same expense back to income more than once.
1712 15.17. The amount taken as a credit for the taxable year
1713 pursuant to s. 220.198.
1714 16.18. The amount taken as a credit for the taxable year
1715 pursuant to s. 220.1915.
1716 Section 33. Paragraph (c) of subsection (1) of section
1717 220.183, Florida Statutes, is amended to read:
1718 220.183 Community contribution tax credit.—
1719 (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
1720 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
1721 SPENDING.—
1722 (c) The total amount of tax credit which may be granted
1723 for all programs approved under this section and ss.
1724 212.08(5)(o) and 624.5105 ss. 212.08(5)(p) and 624.5105 is $14.5
1725 million in the 2022-2023 fiscal year and in each fiscal year

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1726 thereafter for projects that provide housing opportunities for
1727 persons with special needs as defined in s. 420.0004 and
1728 homeownership opportunities for low-income households or very-
1729 low-income households as defined in s. 420.9071 and $4.5 million
1730 in the 2022-2023 fiscal year and in each fiscal year thereafter
1731 for all other projects.
1732 Section 34. Section 220.1895, Florida Statutes, is amended
1733 to read:
1734 220.1895 Rural Job Tax Credit and Urban High-Crime Area
1735 Job Tax Credit.—There shall be allowed a credit against the tax
1736 imposed by this chapter amounts approved by the Department of
1737 Economic Opportunity pursuant to the Rural Job Tax Credit
1738 Program in s. 212.098 and the Urban High-Crime Area Job Tax
1739 Credit Program in s. 212.097. A corporation that uses its credit
1740 against the tax imposed by this chapter may not take the credit
1741 against the tax imposed by chapter 212. If any credit granted
1742 under this section is not fully used in the first year for which
1743 it becomes available, the unused amount may be carried forward
1744 for a period not to exceed 5 years. The carryover may be used in
1745 a subsequent year when the tax imposed by this chapter for such
1746 year exceeds the credit for such year under this section after
1747 applying the other credits and unused credit carryovers in the
1748 order provided in s. 220.02(8).
1749 Section 35. Section 220.1899, Florida Statutes, is
1750 repealed.

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1751 Section 36. Section 220.191, Florida Statutes, is
1752 repealed.
1753 Section 37. Subsection (9) of section 220.194, Florida
1754 Statutes, is amended to read:
1755 220.194 Corporate income tax credits for spaceflight
1756 projects.—
1757 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
1758 Economic Opportunity, in cooperation with Space Florida and the
1759 department, shall include in the annual incentives report
1760 required under s. 288.0065 s. 288.907 a summary of activities
1761 relating to the Florida Space Business Incentives Act
1762 established under this section.
1763 Section 38. Subsection (1) and paragraph (a) of subsection
1764 (2) of section 220.196, Florida Statutes, are amended to read:
1765 220.196 Research and development tax credit.—
1766 (1) DEFINITIONS.—As used in this section, the term:
1767 (a) "Base amount" means the average of the business
1768 enterprise's qualified research expenses in this state allowed
1769 under 26 U.S.C. s. 41 for the 4 taxable years preceding the
1770 taxable year for which the credit is determined. The qualified
1771 research expenses taken into account in computing the base
1772 amount shall be determined on a basis consistent with the
1773 determination of qualified research expenses for the taxable
1774 year.
1775 (b) "Business enterprise" means any corporation as defined

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1776 in s. 220.03 which meets the definition of a target industry
1777 business as defined in paragraph (c) s. 288.106.
1778 (c) "Target industry business" means a corporate
1779 headquarters business or any business that is engaged in one of
1780 the target industries identified pursuant to the following
1781 criteria developed by the Department of Economic Opportunity:
1782 1. Future growth.—The industry forecast indicates strong
1783 expectation for future growth in employment and output,
1784 according to the most recent available data. Special
1785 consideration shall be given to businesses that export goods to,
1786 or provide services in, international markets and businesses
1787 that replace domestic and international imports of goods or
1788 services.
1789 2. Stability.—The industry is not subject to periodic
1790 layoffs, whether due to seasonality or sensitivity to volatile
1791 economic variables such as weather. The industry is also
1792 relatively resistant to recession, so that the demand for
1793 products of this industry is not typically subject to decline
1794 during an economic downturn.
1795 3. High wage.—The industry pays relatively high wages
1796 compared to statewide or area averages.
1797 4. Market and resource independent.—The industry business
1798 location is not dependent on markets or resources in the state
1799 as indicated by industry analysis, except for businesses in the
1800 renewable energy industry.

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1801 5. Industrial base diversification and strengthening.—The
1802 industry contributes toward expanding or diversifying the
1803 state's or area's economic base, as indicated by analysis of
1804 employment and output shares compared to national and regional
1805 trends. Special consideration shall be given to industries that
1806 strengthen regional economies by adding value to ba sic products
1807 or building regional industrial clusters as indicated by
1808 industry analysis. Special consideration shall also be given to
1809 the development of strong industrial clusters that include
1810 defense and homeland security businesses.
1811 6. Positive economic impact.—The industry has strong
1812 positive economic impacts on or benefits to the state or
1813 regional economies. Special consideration shall be given to
1814 industries that facilitate the development of the state as a hub
1815 for domestic and global trade and logistics.
1816
1817 The term does not include any business engaged in retail
1818 industry activities; any electrical utility company as defined
1819 in s. 366.02(4); any phosphate or other solid minerals
1820 severance, mining, or processing operation; any oil or gas
1821 exploration or production operation; or any business subject to
1822 regulation by the Division of Hotels and Restaurants of the
1823 Department of Business and Professional Regulation. Any business
1824 within NAICS code 5611 or 5614, office administrative services
1825 and business support services, respectively, may be considered a

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1826 target industry business only after the local governing body and
1827 the Department of Economic Opportunity determine that the
1828 community in which the business may locate has conditions
1829 affecting the fiscal and economic viability of the local
1830 community or area, including, but not limited to, low per capita
1831 income, high unemployment, high underemployment, and a lack of
1832 year-round stable employment opportunities, and such conditions
1833 may be improved by the business locating in such community. By
1834 January 1 of every 3rd year, beginning January 1, 2011, the
1835 Department of Economic Opportunity, in consultation with
1836 economic development organizations, the State University System,
1837 local governments, employee and employer organizations, market
1838 analysts, and economists, shall review and, as appropriate,
1839 revise the list of target industries and submit the list to the
1840 Governor, the President of the Senate, and the Speaker of the
1841 House of Representatives.
1842 (d)(c) "Qualified research expenses" means research
1843 expenses qualifying for the credit under 26 U.S.C. s. 41 for in -
1844 house research expenses incurred in this state or contract
1845 research expenses incurred in this state. The term does not
1846 include research conducted outside this state or research
1847 expenses that do not qualify for a credit under 26 U.S.C. s. 41.
1848 (2) TAX CREDIT.—
1849 (a) As provided in this section, a business enterprise is
1850 eligible for a credit against the tax imposed by this chapter if

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1851 it:
1852 1. Has qualified research expenses in this state in the
1853 taxable year exceeding the base amount;
1854 2. Claims and is allowed a research credit for such
1855 qualified research expenses under 26 U.S.C. s. 41 for the same
1856 taxable year as subparagraph 1.; and
1857 3. Is a qualified target industry business as defined in
1858 paragraph (c) s. 288.106(2)(n). Only qualified target industry
1859 businesses in the manufacturing, life sciences, information
1860 technology, aviation and aerospace, homeland security and
1861 defense, cloud information technology, marine science s,
1862 materials science, and nanotechnology industries may qualify for
1863 a tax credit under this section. A business applying for a
1864 credit pursuant to this section shall include a letter from the
1865 Department of Economic Opportunity certifying whether the
1866 business meets the requirements of this subparagraph with its
1867 application for credit. The Department of Economic Opportunity
1868 shall provide such a letter upon receiving a request.
1869 Section 39. Section 272.11, Florida Statutes, is amended
1870 to read:
1871 272.11 Capitol information center.—The Department of
1872 Economic Opportunity Enterprise Florida, Inc., shall establish,
1873 maintain, and operate a Capitol information center somewhere
1874 within the area of the Capitol Center and employ personnel or
1875 enter into contracts to maintain same.

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1876 Section 40. Paragraph (f) of subsection (1) of section
1877 287.0947, Florida Statutes, is amended to read:
1878 287.0947 Florida Advisory Council on Small and Minority
1879 Business Development; creation; membership; duties. —
1880 (1) The Secretary of Management Services may create the
1881 Florida Advisory Council on Small and Minority Business
1882 Development with the purpose of advising and assisting the
1883 secretary in carrying out the secretary's duties with respect to
1884 minority businesses and economic and business development. It is
1885 the intent of the Legislature that the membership of such
1886 council include practitioners, laypersons, financiers, and
1887 others with business development experience who can provide
1888 invaluable insight and expertise for this state in the
1889 diversification of its markets and networking of business
1890 opportunities. The council shall initially consist of 19
1891 persons, each of whom is or has been actively engaged in small
1892 and minority business development, either in private industry,
1893 in governmental service, or as a scholar of recognized
1894 achievement in the study of such matters. Initially, the council
1895 shall consist of members representing all regions of the state
1896 and shall include at least one member from each group identified
1897 within the definition of "minority person" in s. 288.703(4),
1898 considering also gender and nationality subgroups, and shall
1899 consist of the following:
1900 (f) A member from the Department of Economic Opportunity

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1901 board of directors of Enterprise Florida, Inc.
1902
1903 A candidate for appointment may be considered if eligible to be
1904 certified as an owner of a minority business enterprise, or if
1905 otherwise qualified under the criteria above. Vacancies may be
1906 filled by appointment of the secretary, in the manner of the
1907 original appointment.
1908 Section 41. Paragraph (e) of subsection (1) of section
1909 287.137, Florida Statutes, is amended to read:
1910 287.137 Antitrust violations; denial or revocation of the
1911 right to transact business with public entities; denial of
1912 economic benefits.—
1913 (1) As used in this section, the term:
1914 (e) "Economic incentives" means state grants, cash grants,
1915 tax exemptions, tax refunds, tax credits, state funds, and other
1916 state incentives under chapter 288 or administered by the
1917 Department of Economic Opportunity Enterprise Florida, Inc.
1918 Section 42. Subsections (2) and (4) of section 288.0001,
1919 Florida Statutes, are amended to read:
1920 288.0001 Economic Development Programs Evaluation. —The
1921 Office of Economic and Demographic Research and the Office of
1922 Program Policy Analysis and Government Accountability (OPPAGA)
1923 shall develop and present to the Governor, the President of the
1924 Senate, the Speaker of the House of Representatives, and the
1925 chairs of the legislative appropriations committees the Economic

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1926 Development Programs Evaluation.
1927 (2) The Office of Economic and Demographic Research and
1928 OPPAGA shall provide a detailed analysis of economic development
1929 programs as provided in the following schedule:
1930 (a) By January 1, 2014, and every 3 years thereafter, an
1931 analysis of the following:
1932 1. The capital investment tax credit established under s.
1933 220.191.
1934 2. The qualified target industry tax refund established
1935 under s. 288.106.
1936 3. The brownfield redevelopment bonus refund established
1937 under s. 288.107.
1938 4. High-impact business performance grants established
1939 under s. 288.108.
1940 5. The Quick Action Closing Fund established under s.
1941 288.1088.
1942 6. The Innovation Incentive Program established under s.
1943 288.1089.
1944 1.7. Enterprise Zone Program incentives established under
1945 ss. 212.08(5) and (14)(15), 212.096, 220.181, and 220.182.
1946 2.8. The New Markets Development Program established under
1947 ss. 288.991-288.9922.
1948 (b) By January 1, 2015, and every 3 years thereafter, an
1949 analysis of the following:
1950 1. The entertainment industry financial incentive program

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1951 established under s. 288.1254.
1952 2. The entertainment industry sales tax exemption program
1953 established under s. 288.1258.
1954 1.3. VISIT Florida and its programs established or funded
1955 under ss. 288.122, 288.1226, 288.12265, and 288.124.
1956 2.4. The Florida Sports Foundation and related programs
1957 established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
1958 and 288.1168, 288.1169, and 288.1171.
1959 (c) By January 1, 2016, and every 3 years thereafter, an
1960 analysis of the following:
1961 1. The qualified defense contractor and space flight
1962 business tax refund program established under s. 288.1045.
1963 1.2. The tax exemption for semiconductor, defense, or
1964 space technology sales established under s. 212.08(5)(i) s.
1965 212.08(5)(j).
1966 2.3. The Military Base Protection Program established
1967 under s. 288.980.
1968 3.4. The Quick Response Training Program established under
1969 s. 288.047.
1970 4.5. The Incumbent Worker Training Program established
1971 under s. 445.003.
1972 5.6. International trade and business development programs
1973 established or funded under s. 288.826.
1974 (d) By January 1, 2019, and every 3 years thereafter, an
1975 analysis of the grant and entrepreneur initiative programs

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1976 established under s. 295.22(3)(d) and (e).
1977 (4) Pursuant to the schedule established in subsection
1978 (2), OPPAGA shall evaluate each program over the previous 3
1979 years for its effectiveness and value to the taxpayers of this
1980 state and include recommendations on each program for
1981 consideration by the Legislature. The analysis may include
1982 relevant economic development reports or analyses prepared by
1983 the department of Economic Opportunity, Enterprise Florida,
1984 Inc., or local or regional economic development organizations ,;
1985 interviews with the parties involved,; or any other relevant
1986 data.
1987 Section 43. Section 288.001, Florida Statutes, is
1988 repealed.
1989 Section 44. Subsections (3) and (6) of section 288.012,
1990 Florida Statutes, are amended to read:
1991 288.012 State of Florida international offices.—The
1992 Legislature finds that the expansion of international trade and
1993 tourism is vital to the overall health and growth of the economy
1994 of this state. This expansion is hampered by the lack of
1995 technical and business assistance, financial assistance, and
1996 information services for businesses in this state. The
1997 Legislature finds that these businesses could be assisted by
1998 providing these services at State of Florida international
1999 offices. The Legislature further finds that the accessibility
2000 and provision of services at these offices can be enhanced

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2001 through cooperative agreements or strategic alliances between
2002 private businesses and state, local, and international
2003 governmental entities.
2004 (3) Each international office shall annually submit to the
2005 department Enterprise Florida, Inc., a complete and detailed
2006 report on its activities and accomplishments during the previous
2007 fiscal year. for inclusion in the annual report required under
2008 s. 288.906. In the format and by the annual date prescribed by
2009 Enterprise Florida, Inc., The report must set forth information
2010 on:
2011 (a) The number of Florida companies assisted.
2012 (b) The number of inquiries received about investment
2013 opportunities in this state.
2014 (c) The number of trade leads generated.
2015 (d) The number of investment projects announced.
2016 (e) The estimated U.S. dollar value of sales
2017 confirmations.
2018 (f) The number of representation agreements.
2019 (g) The number of company consultations.
2020 (h) Barriers or other issues affecting the effective
2021 operation of the office.
2022 (i) Changes in office operations which are planned for the
2023 current fiscal year.
2024 (j) Marketing activities conducted.
2025 (k) Strategic alliances formed with organizations in the

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2026 country in which the office is located.
2027 (l) Activities conducted with Florida's other
2028 international offices.
2029 (m) Any other information that the office believes would
2030 contribute to an understanding of its activities.
2031 (6) The department is authorized to make and to enter into
2032 contracts with Enterprise Florida, Inc., to carry out the
2033 provisions of this section. The authority, duties, and
2034 exemptions provided in this section apply to Enterprise Florida,
2035 Inc., to the same degree and subject to the same conditions as
2036 applied to the department. To the greatest extent possible, such
2037 contracts shall include provisions for cooperative agreements or
2038 strategic alliances between private businesses and state,
2039 international, and local governmental entities to operate
2040 international offices.
2041 Section 45. Section 288.017, Florida Statutes, is
2042 repealed.
2043 Section 46. Subsection (4) of section 288.018, Florida
2044 Statutes, is amended to read:
2045 288.018 Regional Rural Development Grants Program. —
2046 (4) The department may expend up to $750,000 each fiscal
2047 year from funds appropriated to the Rural Community Development
2048 Revolving Loan Fund for the purposes outlined in this section.
2049 The department may contract with Enterprise Florida, Inc., for
2050 the administration of the purposes specified in this section.

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2051 Funds released to Enterprise Florida, Inc., for this purpose
2052 shall be released quarterly and shall be calculated based on the
2053 applications in process.
2054 Section 47. Subsections (1), (9), and (10) of section
2055 288.047, Florida Statutes, are amended, to read:
2056 288.047 Quick-response training for economic development.—
2057 (1) The Quick-Response Training Program is created to meet
2058 the workforce-skill needs of existing, new, and expanding
2059 industries. The program shall be administered by Ca reerSource
2060 Florida, Inc., in conjunction with Enterprise Florida, Inc., and
2061 the Department of Education. CareerSource Florida, Inc., shall
2062 adopt guidelines for the administration of this program, shall
2063 provide technical services, and shall identify businesses that
2064 seek services through the program. CareerSource Florida, Inc.,
2065 may contract with Enterprise Florida, Inc., or administer this
2066 program directly, if it is determined that such an arrangement
2067 maximizes the amount of the Quick Response grant going to direct
2068 services.
2069 (9) Notwithstanding any other provision of law, eligible
2070 matching contributions received under this section from the
2071 Quick-Response Training Program may be counted toward the
2072 private sector support of Enterprise Florida, Inc., under s.
2073 288.904.
2074 (10) CareerSource Florida, Inc., and Enterprise Florida,
2075 Inc., shall coordinate and cooperate in administering this

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2076 section so that any division of responsibility between the two
2077 organizations which relates to marketing or administering the
2078 Quick-Response Training Program is not apparent to a business
2079 that inquires about or applies for funding under this section. A
2080 business shall be provided with a single point of contact for
2081 information and assistance.
2082 Section 48. Subsections (1) and (4) of section 288.061,
2083 Florida Statutes, are amended to read:
2084 288.061 Economic development incentive application
2085 process.—
2086 (1) Upon receiving a submitted economic development
2087 incentive application, the Division of Strategic Business
2088 Development of the department of Economic Opportunity and
2089 designated staff of Enterprise Florida, Inc., shall review the
2090 application to ensure that the application is complete, whether
2091 and what type of state and local permits may be necessary for
2092 the applicant's project, whether it is possible to waive such
2093 permits, and what state incentives and amounts of such
2094 incentives may be available to the applicant. The department
2095 shall recommend to the Secretary of Economic Opportunity to
2096 approve or disapprove an applicant business. If revie w of the
2097 application demonstrates that the application is incomplete, the
2098 secretary shall notify the applicant business within the first 5
2099 business days after receiving the application.
2100 (4) The department shall validate contractor performance

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2101 and report such validation in the annual incentives report
2102 required under s. 288.0065 s. 288.907.
2103 Section 49. Subsection (5) of section 288.0655, Florida
2104 Statutes, is renumbered as subsection (4), and paragraph (e) of
2105 subsection (2) and subsection (3) and present subsection (4) of
2106 that section are amended, to read:
2107 288.0655 Rural Infrastructure Fund.—
2108 (2)
2109 (e) To enable local governments to access the resources
2110 available pursuant to s. 403.973(17) s. 403.973(18), the
2111 department may award grants for surveys, feasibility studies,
2112 and other activities related to the identification and
2113 preclearance review of land which is suitable for preclearance
2114 review. Authorized grants under this paragraph may not exceed
2115 $75,000 each, except in the case of a project in a rural area of
2116 opportunity, in which case the grant may not exceed $300,000.
2117 Any funds awarded under this paragraph must be matched at a
2118 level of 50 percent with local funds, except that any funds
2119 awarded for a project in a rural area of opportunity must be
2120 matched at a level of 33 percent with local funds. If an
2121 application for funding is for a catalyst site, as defined in s.
2122 288.0656, the requirement for local match may be waived pursuant
2123 to the process in s. 288.06561. In evaluating applications under
2124 this paragraph, the department shall consider the extent to
2125 which the application seeks to minimize administrative and

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2126 consultant expenses.
2127 (3) The department, in consultation with Enterprise
2128 Florida, Inc., the Florida Tourism Industry Marketing
2129 Corporation, the Department of Environmental Protection, and the
2130 Florida Fish and Wildlife Conservation Commission, as
2131 appropriate, shall review and certify applications pursuant to
2132 s. 288.061. The review shall include an evaluation of the
2133 economic benefit of the projects and their long-term viability.
2134 The department shall have final approval for any grant under
2135 this section.
2136 (4) By September 1, 2021, the department shall, in
2137 consultation with the organizations listed in subsection (3),
2138 and other organizations, reevaluate existing guidelines and
2139 criteria governing submission of applications for funding,
2140 review and evaluation of such applications, and approval of
2141 funding under this section. The department shall consider
2142 factors including, but not limited to, the project's potential
2143 for enhanced job creation or increased capital investment, the
2144 demonstration and level of local public and private commitment,
2145 whether the project is located in a community development
2146 corporation service area, or in an urban high-crime area as
2147 designated under s. 212.097, the unemployment rate of the county
2148 in which the project would be located, and the poverty rate of
2149 the community.
2150 Section 50. Paragraph (a) of subsection (6) and paragraphs

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2151 (a) and (c) of subsection (7) of section 288.0656, Florida
2152 Statutes, are amended to read:
2153 288.0656 Rural Economic Development Initiative.—
2154 (6)(a) By August 1 of each year, the head of each of the
2155 following agencies and organizations shall designate a deputy
2156 secretary or higher-level staff person from within the agency or
2157 organization to serve as the REDI representative for the agency
2158 or organization:
2159 1. The Department of Transportation.
2160 2. The Department of Environmental Protection.
2161 3. The Department of Agriculture and Consumer Services.
2162 4. The Department of State.
2163 5. The Department of Health.
2164 6. The Department of Children and Families.
2165 7. The Department of Corrections.
2166 8. The Department of Education.
2167 9. The Department of Juvenile Justice.
2168 10. The Fish and Wildlife Conservation Commission.
2169 11. Each water management district.
2170 12. Enterprise Florida, Inc.
2171 12.13. CareerSource Florida, Inc.
2172 13.14. VISIT Florida.
2173 14.15. The Florida Regional Planning Council Association.
2174 15.16. The Agency for Health Care Administration.
2175 16.17. The Institute of Food and Agricultural Sciences

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2176 (IFAS).
2177
2178 An alternate for each designee shall also be chosen, and the
2179 names of the designees and alternates shall be sent to the
2180 Secretary of Economic Opportunity.
2181 (7)
2182 (a) REDI may recommend to the Governor up to three rural
2183 areas of opportunity. The Governor may by executive order
2184 designate up to three rural areas of opportunity which will
2185 establish these areas as priority assignments for REDI as well
2186 as to allow the Governor, acting through REDI, to waive
2187 criteria, requirements, or similar provisions of any economic
2188 development incentive. Such incentives shall include, but are
2189 not limited to, the Qualified Target Industry Tax Refund Program
2190 under s. 288.106, the Quick Response Training Program under s.
2191 288.047, the Quick Response Training Program for participants in
2192 the welfare transition program under s. 288.047(8),
2193 transportation projects under s. 339.2821, the brownfield
2194 redevelopment bonus refund under s. 288.107, and the rural job
2195 tax credit program under ss. 212.098 and 220.1895.
2196 (c) Each rural area of opportunity may designate catalyst
2197 projects, provided that each catalyst project is specifically
2198 recommended by REDI, identified as a catalyst project by
2199 Enterprise Florida, Inc., and confirmed as a catalyst project by
2200 the department. All state agencies and departments shall use all

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2201 available tools and resources to the extent permissible by law
2202 to promote the creation and development of each catalyst project
2203 and the development of catalyst sites.
2204 Section 51. Section 288.0658, Florida Statutes, is amended
2205 to read:
2206 288.0658 Nature-based recreation; promotion and other
2207 assistance by Fish and Wildlife Conservation Commission. —The
2208 Florida Fish and Wildlife Conservation Commission is directed to
2209 assist Enterprise Florida, Inc.; the Florida Tourism Industry
2210 Marketing Corporation, doing business as VISIT Florida;
2211 convention and visitor bureaus,; tourist development councils,;
2212 economic development organizations,; and local governments
2213 through the provision of marketing advice, technical expertise,
2214 promotional support, and product development related to nature-
2215 based recreation and sustainable use of natural resources. In
2216 carrying out this responsibility, the Florida Fish and Wildlife
2217 Conservation Commission shall focus its efforts on fostering
2218 nature-based recreation in rural communities and regions
2219 encompassing rural communities. As used in this section, the
2220 term "nature-based recreation" means leisure activities related
2221 to the state's lands, waters, and fish and wildlife resources,
2222 including, but not limited to, wildlife viewing, fishing,
2223 hiking, canoeing, kayaking, camping, hunting, backpacking, and
2224 nature photography.
2225 Section 52. Subsection (6) of section 288.075, Florida

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2226 Statutes, is amended to read:
2227 288.075 Confidentiality of records.—
2228 (6) ECONOMIC INCENTIVE PROGRAMS.—
2229 (a) The following information held by an economic
2230 development agency pursuant to the administration of an economic
2231 incentive program for qualified businesses is confidential and
2232 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2233 Constitution for a period not to exceed the duration of the
2234 incentive agreement, including an agreement authorizing a tax
2235 refund or tax credit, or upon termination of the incentive
2236 agreement:
2237 1. The percentage of the business's sales occurring
2238 outside this state and, for businesses applying under s.
2239 288.1045, the percentage of the business's gross receipts
2240 derived from Department of Defense contracts during the 5 years
2241 immediately preceding the date the business's application is
2242 submitted.
2243 2. An individual employee's personal identifying
2244 information that is held as evidence of the achievement or
2245 nonachievement of the wage requirements of the tax refund, tax
2246 credit, or incentive agreement programs or of the job creation
2247 requirements of such programs.
2248 3. The amount of:
2249 a. Taxes on sales, use, and other transactions paid
2250 pursuant to chapter 212;

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2251 b. Corporate income taxes paid pursuant to chapter 220;
2252 c. Intangible personal property taxes paid pursuant to
2253 chapter 199;
2254 d. Insurance premium taxes paid pursuant to chapter 624;
2255 e. Excise taxes paid on documents pursuant to chapter 201;
2256 f. Ad valorem taxes paid, as defined in s. 220.03(1); or
2257 g. State communications services taxes paid pursuant to
2258 chapter 202.
2259
2260 However, an economic development agency may disclose in the
2261 annual incentives report required under s. 288.0065 s. 288.907
2262 the aggregate amount of each tax identified in this subparagraph
2263 and paid by all businesses participating in each economic
2264 incentive program.
2265 (b)1. The following information held by an economic
2266 development agency relating to a specific business participating
2267 in an economic incentive program is no longer confidential or
2268 exempt 180 days after a final project order for an economic
2269 incentive agreement is issued, until a date specified in the
2270 final project order, or if the information is otherwise
2271 disclosed, whichever occurs first:
2272 1.a. The name of the qualified business.
2273 2.b. The total number of jobs the business committed to
2274 create or retain.
2275 3.c. The total number of jobs created or retained by the

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2276 business.
2277 4.d. Notwithstanding s. 213.053(2), the amount of tax
2278 refunds, tax credits, or incentives awarded to, claimed by, or,
2279 if applicable, refunded to the state by the business.
2280 5.e. The anticipated total annual wages of employees the
2281 business committed to hire or retain.
2282 2. For a business applying for certification under s.
2283 288.1045 which is based on obtaining a new Department of Defense
2284 contract, the total number of jobs expected and the amount of
2285 tax refunds claimed may not be released until the new Department
2286 of Defense contract is awarded.
2287 Section 53. Subsections (7) through (10) of section
2288 288.076, Florida Statutes, are renumbered as subsections (6)
2289 through (9), respectively, and paragraphs (a), (c), and (e) of
2290 subsection (1) and present subsections (6) and (7) of that
2291 section are amended, to read:
2292 288.076 Return on investment reporting for economic
2293 development programs.—
2294 (1) As used in this section, the term:
2295 (a) "Jobs" means full-time equivalent positions,
2296 including, but not limited to, positions obtained from a
2297 temporary employment agency or employee leasing company or
2298 through a union agreement or coemployment under a professional
2299 employer organization agreement that result directly from a
2300 project in this state. The term does not include temporary

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2301 construction jobs involved with the construction of facilities
2302 for the project or any jobs previously included in any
2303 application for tax refunds has the same meaning as provided in
2304 s. 288.106(2)(i).
2305 (c) "Project" means the creation of a new business or
2306 expansion of an existing business has the same meaning as
2307 provided in s. 288.106(2)(m).
2308 (e) "State investment" means any state grants, tax
2309 exemptions, tax refunds, tax credits, or other state incentives
2310 provided to a business under a program administered by the
2311 department, including the capital investment tax credit under s.
2312 220.191.
2313 (6) Annually, the department shall publish information
2314 relating to the progress of Quick Action Closing Fund projects,
2315 including the average number of days between the date the
2316 department receives a completed application and the date on
2317 which the application is approved.
2318 (6)(7)(a) Within 48 hours after expiration of the period
2319 of confidentiality provided under s. 288.075, the department
2320 shall publish the contract or agreement described in s. 288.061,
2321 redacted to protect the participant business from disclosure of
2322 information that remains confidential or exempt by law.
2323 (b) Within 48 hours after submitting any report of
2324 findings and recommendations made pursuant to s. 288.106(7)(d)
2325 concerning a business's failure to complete a tax refund

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2326 agreement pursuant to the tax refund program for qualified
2327 target industry businesses, the department shall pu blish such
2328 report.
2329 Section 54. Section 288.095, Florida Statutes, is amended
2330 to read:
2331 288.095 Economic Development Trust Fund.—
2332 (1) The Economic Development Trust Fund is created within
2333 the department of Economic Opportunity. Moneys deposited into
2334 the fund must be used only to support the authorized activities
2335 and operations of the department.
2336 (2) There is created, within the Economic Development
2337 Trust Fund, the Economic Development Incentives Account. The
2338 Economic Development Incentives Account consists of moneys
2339 appropriated to the account for purposes of the tax incentives
2340 programs formerly authorized under ss. 288.1045 and 288.106, and
2341 local financial support provided under former ss. 288.1045 and
2342 288.106. Moneys in the Economic Development Incentives Account
2343 shall be subject to the provisions of s. 216.301(1)(a).
2344 (3)(a) The department may approve applications for
2345 certification pursuant to ss. 288.1045(3) and 288.106. However,
2346 The total state share of tax refund payments may not exceed $35
2347 million.
2348 (b) The total amount of tax refund claims approved for
2349 payment by the department based on actual project performance
2350 may not exceed the amount appropriated to the Economic

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2351 Development Incentives Account for such purposes for the fiscal
2352 year. Claims for tax refunds under former ss. 288.1045 and
2353 288.106 shall be paid in the order the claims are approved by
2354 the department. In the event the Legislature does not
2355 appropriate an amount sufficient to satisfy the tax refunds
2356 under former ss. 288.1045 and 288.106 in a fiscal year, the
2357 department shall pay the tax refunds from the appropriation for
2358 the following fiscal year. By March 1 of each year, the
2359 department shall notify the legislative appropriations
2360 committees of the Senate and House of Representatives of any
2361 anticipated shortfall in the amount of funds needed to satisfy
2362 claims for tax refunds from the appropriation for the current
2363 fiscal year.
2364 (c) Moneys in the Economic Development Incentives Account
2365 may be used only to pay tax refunds and make other payments on
2366 agreements executed prior to July 1, 2023, authorized under
2367 former s. 288.1045, s. 288.106, or s. 288.107.
2368 (d) The department may adopt rules necessary to carry out
2369 the provisions of this subsection, including rules providing for
2370 the use of moneys in the Economic Development Incentives Account
2371 and for the administration of the Economic Development
2372 Incentives Account.
2373 Section 55. Subsection (2) and paragraph (c) of subsection
2374 (3) of section 288.101, Florida Statutes, are amended to read:
2375 288.101 Florida Job Growth Grant Fund.—

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2376 (2) The department and Enterprise Florida, Inc., may
2377 identify projects, solicit proposals, and make funding
2378 recommendations to the Governor, who is authorized to approve:
2379 (a) State or local public infrastructure projects to
2380 promote economic recovery in specific regions of the state,
2381 economic diversification, or economic enhancement in a targeted
2382 industry.
2383 (b) Infrastructure funding to accelerate the
2384 rehabilitation of the Herbert Hoover Dike. The department or th e
2385 South Florida Water Management District may enter into
2386 agreements, as necessary, with the United States Army Corps of
2387 Engineers to implement this paragraph.
2388 (b)(c) Workforce training grants to support programs at
2389 state colleges and state technical centers that provide
2390 participants with transferable, sustainable workforce skills
2391 applicable to more than a single employer, and for equipment
2392 associated with these programs. The department shall work with
2393 CareerSource Florida, Inc., to ensure programs are offered to
2394 the public based on criteria established by the state college or
2395 state technical center and do not exclude applicants who are
2396 unemployed or underemployed.
2397 (3) For purposes of this section:
2398 (c) "Targeted industry" means any industry identified i n
2399 the most recent list provided to the Governor, the President of
2400 the Senate, and the Speaker of the House of Representatives in

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2401 accordance with s. 196.012(11) s. 288.106(2)(q).
2402 Section 56. Section 288.1045, Florida Statutes, is
2403 repealed.
2404 Section 57. Section 288.106, Florida Statutes, is
2405 repealed.
2406 Section 58. Section 288.107, Florida Statutes, is
2407 repealed.
2408 Section 59. Section 288.108, Florida Statutes, is
2409 repealed.
2410 Section 60. Section 288.1081, Florida Statutes, is
2411 repealed.
2412 Section 61. Section 288.1082, Florida Statutes, is
2413 repealed.
2414 Section 62. Section 288.1088, Florida Statutes, is
2415 repealed.
2416 Section 63. Section 288.1089, Florida Statutes, is
2417 repealed.
2418 Section 64. Section 288.111, Florida Statutes, is amended
2419 to read:
2420 288.111 Information concerning local manufacturing
2421 development programs.—The department shall develop materials
2422 that identify each local government that establishes a local
2423 manufacturing development program under s. 163.3252. The
2424 materials, which the department may elect to develop and
2425 maintain in electronic format or in any other format deemed by

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2426 the department to provide public access, must be updated at
2427 least annually. Enterprise Florida, Inc., shall, and other State
2428 agencies may, distribute the materials to prospective, new,
2429 expanding, and relocating businesses seeking to conduct business
2430 in this state.
2431 Section 65. Section 288.1162, Florida Statutes, is
2432 repealed.
2433 Section 66. Section 288.11621, Florida Statutes, is
2434 repealed.
2435 Section 67. Section 288.11631, Florida Statutes, is
2436 repealed.
2437 Section 68. Section 288.1169, Florida Statutes, is
2438 repealed.
2439 Section 69. Section 288.1171, Florida Statutes, is
2440 repealed.
2441 Section 70. Section 288.12265, Florida Statutes, is
2442 amended to read:
2443 288.12265 Welcome centers.—
2444 (1) Responsibility for the welcome centers is assigned to
2445 Enterprise Florida, Inc., which shall contract with the Florida
2446 Tourism Industry Marketing Corporation to employ all welcome
2447 center staff.
2448 (2) The Florida Tourism Industry Marketing Corporation
2449 Enterprise Florida, Inc., shall administer and operate the
2450 welcome centers and,. pursuant to a contract with the Department

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2451 of Transportation, Enterprise Florida, Inc., shall be
2452 responsible for routine repair, replacement, or imp rovement and
2453 the day-to-day management of interior areas occupied by the
2454 welcome centers. All other repairs, replacements, or
2455 improvements to the welcome centers shall be the responsibility
2456 of the Department of Transportation. Enterprise Florida, Inc.,
2457 may contract with the Florida Tourism Industry Marketing
2458 Corporation for the management and operation of the welcome
2459 centers.
2460 Section 71. Section 288.125, Florida Statutes, is
2461 repealed.
2462 Section 72. Section 288.1251, Florida Statutes, is
2463 repealed.
2464 Section 73. Section 288.1252, Florida Statutes, is
2465 repealed.
2466 Section 74. Section 288.1253, Florida Statutes, is
2467 repealed.
2468 Section 75. Section 288.1254, Florida Statutes, is
2469 repealed.
2470 Section 76. Section 288.1258, Florida Statutes, is
2471 repealed.
2472 Section 77. Section 288.7015, Florida Statutes, is amended
2473 to read:
2474 288.7015 Appointment of rules ombudsman; duties.—The
2475 Governor shall appoint a rules ombudsman, as defined in s.

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2476 288.703, in the Executive Office of the Governor, for
2477 considering the impact of agency rules on the state's citizens
2478 and businesses. In carrying out duties as provided by law, the
2479 ombudsman shall consult with Enterprise Florida, Inc., at which
2480 point the department may recommend to improve the regulatory
2481 environment of this state. The duties of the rules ombudsman are
2482 to:
2483 (1) Carry out the responsibility provided in s.
2484 120.54(3)(b), with respect to small businesses.
2485 (2) Review state agency rules that adversely or
2486 disproportionately impact businesses, particularly those
2487 relating to small and minority businesses.
2488 (3) Make recommendations on any existing or proposed rules
2489 to alleviate unnecessary or disproportionate adverse effects to
2490 businesses.
2491 (4) Each state agency shall cooperate fully with the rules
2492 ombudsman in identifying such rules. Further, each agency shall
2493 take the necessary steps to waive, modify, or otherwise minimize
2494 such adverse effects of any such rules. However, nothing in this
2495 section authorizes any state agency to waive, modify, provide
2496 exceptions to, or otherwise alter any rule that is:
2497 (a) Expressly required to implement or enforce any
2498 statutory provision or the express legislative intent thereof;
2499 (b) Designed to protect persons against discrimination on
2500 the basis of race, color, national origin, religion, sex, age,

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2501 handicap, or marital status; or
2502 (c) Likely to prevent a significant risk or danger to the
2503 public health, the public safety, or the environment of the
2504 state.
2505 (5) The modification or waiver of any such rule pursuant
2506 to this section must be accomplished in accordance with the
2507 provisions of chapter 120.
2508 Section 78. Subsection (11) of section 288.706, Florida
2509 Statutes, is amended to read:
2510 288.706 Florida Minority Business Loan Mobilization
2511 Program.—
2512 (11) The Department of Management Services shall
2513 collaborate with Enterprise Florida, Inc., and the department to
2514 assist in the development and enhancement of black business
2515 enterprises.
2516 Section 79. Subsection (1) of section 288.773, Florida
2517 Statutes, is amended to read:
2518 288.773 Florida Export Finance Corporation.—The Florida
2519 Export Finance Corporation is hereby created as a corporation
2520 not for profit, to be incorporated under the provisions of
2521 chapter 617 and approved by the Department of State. The
2522 corporation is organized on a nonstock basis. The purpose of the
2523 corporation is to expand employment and income opportunities for
2524 residents of this state through increased exports of goods and
2525 services, by providing businesses domiciled in this state

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2526 information and technical assistance on export opportunities,
2527 exporting techniques, and financial assistance through
2528 guarantees and direct loan originations for sale in support of
2529 export transactions. The corporation shall have the power and
2530 authority to carry out the following functions:
2531 (1) To coordinate the efforts of the corporation with
2532 programs and goals of the United States Export-Import Bank, the
2533 International Trade Administration of the United States
2534 Department of Commerce, the Foreign Credit Insurance
2535 Association, the department Enterprise Florida, Inc., and other
2536 private and public programs and organizations, domestic and
2537 foreign, designed to provide export assistance and export-
2538 related financing.
2539 Section 80. Paragraph (a) of subsection (1) and paragraphs
2540 (a), (c), and (g) of subsection (3) of section 288.776, Florida
2541 Statutes, are amended to read:
2542 288.776 Board of directors; powers and duties.—
2543 (1)(a) The corporation shall have a board of directors
2544 consisting of 15 members representing all geographic areas of
2545 the state. Minority and gender representation must be considered
2546 when making appointments to the board. The board membership must
2547 include:
2548 1. A representative of the following businesses, all of
2549 which must be registered to do business in this state: a foreign
2550 bank, a state bank, a federal bank, an insurance company

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2551 involved in covering trade financing risks, and a small or
2552 medium-sized exporter.
2553 2. The following persons or their designee: the President
2554 of Enterprise Florida, Inc., the Chief Financial Officer, the
2555 Secretary of State, and a senior official of the United States
2556 Department of Commerce.
2557 (3) The board shall:
2558 (a) Prior to the expenditure of funds from the export
2559 finance account, adopt bylaws and policies which are necessa ry
2560 to carry out the responsibilities under this part, particularly
2561 with respect to the implementation of the corporation's programs
2562 to insure, coinsure, lend, provide loan guarantees, and make
2563 direct, guaranteed, or collateralized loans by the corporation
2564 to support export transactions. The corporation's bylaws and
2565 policies shall be reviewed and approved by Enterprise Florida,
2566 Inc., prior to final adoption by the board.
2567 (c) Issue an annual report to the department Enterprise
2568 Florida, Inc., on the activities of the corporation, including
2569 an evaluation of activities and recommendations for change. The
2570 evaluation shall include the corporation's impact on the
2571 following:
2572 1. Participation of private banks and other private
2573 organizations and individuals in the corporation's export
2574 financing programs.
2575 2. Access of small and medium-sized businesses in this

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2576 state to federal export financing programs.
2577 3. Export volume of the small and medium-sized businesses
2578 in this state accessing the corporation's programs.
2579 4. Other economic and social benefits to international
2580 programs in this state.
2581 (g) Consult with the department Enterprise Florida, Inc.,
2582 or any state or federal agency, to ensure that the respective
2583 loan guarantee or working capital loan origination prog rams are
2584 not duplicative and that each program makes full use of, to the
2585 extent practicable, the resources of the other.
2586 Section 81. Section 288.7771, Florida Statutes, is amended
2587 to read:
2588 288.7771 Annual report of Florida Export Finance
2589 Corporation.—The corporation shall annually prepare and submit
2590 to the department Enterprise Florida, Inc., for inclusion in its
2591 annual report required under s. 288.906, a complete and detailed
2592 report setting forth:
2593 (1) The report required in s. 288.776(3).
2594 (2) Its assets and liabilities at the end of its most
2595 recent fiscal year.
2596 Section 82. Subsections (4) and (6) of section 288.816,
2597 Florida Statutes, are amended to read:
2598 288.816 Intergovernmental relations.—
2599 (4) The state protocol officer shall serve as a contact
2600 for the state with the Florida Washington Office, the Florida

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2601 Congressional Delegation, and United States Government agencies
2602 with respect to laws or policies which may affect the interests
2603 of the state in the area of international relations. All
2604 inquiries received regarding international economic trade
2605 development or reverse investment opportunities shall be
2606 referred to the department Enterprise Florida, Inc. In addition,
2607 the state protocol officer shall serve as liaison with other
2608 states with respect to international programs of interest to
2609 Florida. The state protocol officer shall also investigate and
2610 make suggestions regarding possible areas of joint action or
2611 regional cooperation with these states.
2612 (6) The department and Enterprise Florida, Inc., shall
2613 help to contribute an international perspective to the state's
2614 development efforts.
2615 Section 83. Section 288.826, Florida Statutes, is amended
2616 to read:
2617 288.826 Florida International Trade and Promotion Trust
2618 Fund.—There is hereby established in the State Treasury the
2619 Florida International Trade and Promotion Trust Fund. The moneys
2620 deposited into this trust fund shall be administered by the
2621 department for the operation of Enterprise Florida, Inc., and
2622 for the operation of Florida international offices under s.
2623 288.012.
2624 Section 84. Section 288.901, Florida Statutes, is
2625 repealed.

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2626 Section 85. Section 288.9015, Florida Statutes, is
2627 repealed.
2628 Section 86. Section 288.903, Florida Statutes, is
2629 repealed.
2630 Section 87. Section 288.904, Florida Statutes, is
2631 repealed.
2632 Section 88. Section 288.905, Florida Statutes, is
2633 repealed.
2634 Section 89. Section 288.906, Florida Statutes, is
2635 repealed.
2636 Section 90. Section 288.907, Florida Statutes, is
2637 transferred, renumbered as section 288.0065, Florida Statutes,
2638 and amended to read:
2639 288.0065 288.907 Annual incentives report.—By December 30
2640 of each year, Enterprise Florida, Inc., in conjunction with the
2641 department, shall provide the Governor, the President of the
2642 Senate, and the Speaker of the House of Representatives a
2643 detailed incentives report quantifying the economic benefits for
2644 all of the economic development incentive programs offered by
2645 the state marketed by Enterprise Florida, Inc. The annual
2646 incentives report must include:
2647 (1) For each incentive program:
2648 (a) A brief description of the incentive program.
2649 (b) The amount of awards granted, by year, since inception
2650 and the annual amount actually transferred from the state

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2651 treasury to businesses or for the benefit of businesses for each
2652 of the previous 3 years.
2653 (c) The actual amount of private capital invested, actual
2654 number of jobs created, and actual wages paid for incentive
2655 agreements completed during the previous 3 years for each target
2656 industry sector.
2657 (2) For projects completed during the previous state
2658 fiscal year:
2659 (a) The number of economic development incentive
2660 applications received.
2661 (b) The number of recommendations made to the department
2662 by Enterprise Florida, Inc., including the number recommended
2663 for approval and the number recommended for denial.
2664 (b)(c) The number of final decisions issued by the
2665 department for approval and for denial.
2666 (c)(d) The projects for which a tax refund, tax credit, or
2667 cash grant agreement was executed, identifying for each project:
2668 1. The number of jobs committed to be created.
2669 2. The amount of capital investments committed to be made.
2670 3. The annual average wage committed to be paid.
2671 4. The amount of state economic development incentives
2672 committed to the project from each incentive program under the
2673 project's terms of agreement with the Department of Economic
2674 Opportunity.
2675 5. The amount and type of local matching funds committed

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2676 to the project.
2677 (e) Tax refunds paid or other payments made funded out of
2678 the Economic Development Incentives Account for each project.
2679 (d)(f) The types of projects supported.
2680 (3) For economic development projects that received tax
2681 refunds, tax credits, or cash grants under the terms of an
2682 agreement for incentives:
2683 (a) The number of jobs actually created.
2684 (b) The amount of capital investments actually made.
2685 (c) The annual average wage paid.
2686 (4) For a project receiving economic development
2687 incentives approved by the department and receiving federal or
2688 local incentives, a description of the federal or local
2689 incentives, if available.
2690 (5) The number of withdrawn or terminated projects that
2691 did not fulfill the terms of their agreements with the
2692 department and, consequently, are not receiving incentives.
2693 (6) For any agreements signed after July 1, 2010, findings
2694 and recommendations on the efforts of the department to
2695 ascertain the causes of any business's inability to complete its
2696 agreement made under s. 288.106.
2697 (6)(7) The amount of tax refunds, tax credits, or other
2698 payments made to projects locating or expanding in state
2699 enterprise zones, rural communities, brownfield areas, or
2700 distressed urban communities. The report must include a separate

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2701 analysis of the impact of such tax refunds on state enterprise
2702 zones designated under s. 290.0065, rural communities,
2703 brownfield areas, and distressed urban communities.
2704 (8) The name of and tax refund amount for each business
2705 that has received a tax refund under s. 288.1045 or s. 288.106
2706 during the preceding fiscal year.
2707 (7)(9) An identification of the target industry businesses
2708 and high-impact businesses.
2709 (8)(10) A description of the trends relating to business
2710 interest in, and usage of, the various incentives, and the
2711 number of minority-owned or woman-owned businesses receiving
2712 incentives.
2713 (9)(11) An identification of incentive programs not used
2714 and recommendations for program changes or program elimination.
2715 (10)(12) Information related to the validation of
2716 contractor performance required under s. 288.061.
2717 (11)(13) Beginning in 2014, A summation of the activities
2718 related to the Florida Space Business Incentives Act.
2719 Section 91. Section 288.911, Florida Statutes, is
2720 repealed.
2721 Section 92. Section 288.912, Florida Statutes, is
2722 transferred, renumbered as section 288.007, Florida Statutes,
2723 and amended to read:
2724 288.007 288.912 Inventory of communities seeking to
2725 recruit businesses.—By September 30 of each year, a county or

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2726 municipality that has a population of at least 25,000 or its
2727 local economic development organization must submit to the
2728 department Enterprise Florida, Inc., a brief overview of the
2729 strengths, services, and economic development incentives that
2730 its community offers. The local government or its local economic
2731 development organization also must identify any industries that
2732 it is encouraging to locate or relocate to its area. A county or
2733 municipality having a population of 25,000 or fewer or its local
2734 economic development organization seeking to recruit businesses
2735 may submit information as required in this section and may
2736 participate in any activity or initiative resulting from the
2737 collection, analysis, and reporting of the information to the
2738 department Enterprise Florida, Inc., pursuant to this section.
2739 Section 93. Section 288.92, Florida Statutes, is repealed.
2740 Section 94. Subsection (1), paragraph (d) of subsection
2741 (2), subsection (3), paragraphs (b), (c), and (d) of subsection
2742 (4), and subsection (5) of section 288.923, Florida Statutes,
2743 are amended to read:
2744 288.923 Division of Tourism Marketing; definitions;
2745 responsibilities.—
2746 (1) There is created within the Department of Economic
2747 Opportunity Enterprise Florida, Inc., the Division of Tourism
2748 Marketing.
2749 (2) As used in this section, the term:
2750 (d) "Direct-support organization" means the Florida

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2751 Tourism Industry Marketing Corporation, doing business as VISIT
2752 Florida.
2753 (3) The department Enterprise Florida, Inc., shall
2754 contract with the Florida Tourism Industry Marketing
2755 Corporation, a direct-support organization established in s.
2756 288.1226, to execute tourism promotion and marketing services,
2757 functions, and programs for the state, including, but not
2758 limited to, the activities prescribed by the 4-year marketing
2759 plan. The division shall assist to maintain and implement the
2760 contract.
2761 (4) The division's responsibilities and duties include,
2762 but are not limited to:
2763 (b) Advising the department and Enterprise Florida, Inc.,
2764 on development of domestic and international tourism marketing
2765 campaigns featuring Florida.
2766 (c) Developing a 4-year marketing plan.
2767 1. At a minimum, the marketing plan shall discuss the
2768 following:
2769 a. Continuation of overall tourism growth in this state.
2770 b. Expansion to new or under-represented tourist markets.
2771 c. Maintenance of traditional and loyal tourist markets.
2772 d. Coordination of efforts with county destination
2773 marketing organizations, other local government marketing
2774 groups, privately owned attractions and destinations, and other
2775 private sector partners to create a seamless, four-season

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2776 advertising campaign for the state and its regions.
2777 e. Development of innovative techniques or promotions to
2778 build repeat visitation by targeted segments of the tourist
2779 population.
2780 f. Consideration of innovative sources of state funding
2781 for tourism marketing.
2782 g. Promotion of nature-based tourism and heritage tourism.
2783 h. Development of a component to address emergency
2784 response to natural and manmade disasters from a marketing
2785 standpoint.
2786 2. The plan shall be annual in construction and ongoing in
2787 nature. Any annual revisions of the plan shall carry forward the
2788 concepts of the remaining 3-year portion of the plan and
2789 consider a continuum portion to preserve the 4-year timeframe of
2790 the plan. The plan also shall include recommendations for
2791 specific performance standards and measurable outcomes for the
2792 division and direct-support organization. The department, in
2793 consultation with the board of directors of Enterprise Florida,
2794 Inc., shall base the actual performance metrics on these
2795 recommendations.
2796 3. The 4-year marketing plan shall be developed in
2797 collaboration with the Florida Tourism Industry Marketing
2798 Corporation. The plan shall be annually reviewed and approved by
2799 the department board of directors of Enterprise Florida, Inc.
2800 (d) Drafting and submitting to the department an annual

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2801 report required by s. 288.92. The annual report shall set forth
2802 for the division and the direct-support organization:
2803 1. Operations and accomplishments during the fiscal year,
2804 including the economic benefit of the state's investment and
2805 effectiveness of the marketing plan.
2806 2. The 4-year marketing plan, including recommendations on
2807 methods for implementing and funding the plan.
2808 3. The assets and liabilities of the direct-support
2809 organization at the end of its most recent fiscal year.
2810 4. A copy of the annual financial and compliance audit
2811 conducted under s. 288.1226(7).
2812 (5) Notwithstanding s. 288.92, The division shall be
2813 staffed by the Florida Tourism Industry Marketing Corporation.
2814 Such staff shall not be considered to be employees of the
2815 division and shall remain employees of the Florida Tourism
2816 Industry Marketing Corporation. Section 288.905 does not apply
2817 to the Florida Tourism Industry Marketing Corporation.
2818 Section 95. Section 288.95155, Florida Statutes, is
2819 repealed.
2820 Section 96. Section 288.9519, Florida Statutes, is
2821 repealed.
2822 Section 97. Section 288.9520, Florida Statutes, is
2823 repealed.
2824 Section 98. Section 288.955, Florida Statutes, is
2825 repealed.

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2826 Section 99. Subsection (10) of section 288.9603, Florida
2827 Statutes, is amended to read:
2828 288.9603 Definitions.—
2829 (10) "Partnership" means the department Enterprise
2830 Florida, Inc.
2831 Section 100. Paragraph (v) of subsection (2) of section
2832 288.9605, Florida Statutes, is amended to read:
2833 288.9605 Corporation powers.—
2834 (2) The corporation is authorized and empowered to:
2835 (v) Enter into investment agreements with the department
2836 Enterprise Florida, Inc., concerning the issuance of bonds and
2837 other forms of indebtedness and capital.
2838 Section 101. Section 288.9614, Florida Statutes, is
2839 amended to read:
2840 288.9614 Authorized programs.—The department Enterprise
2841 Florida, Inc., may take any action that it deems necessary to
2842 achieve the purposes of this act in partnership with private
2843 enterprises, public agencies, and other organizations,
2844 including, but not limited to, efforts to address the long-term
2845 debt needs of small-sized and medium-sized firms, to address the
2846 needs of microenterprises, to expand availability of venture
2847 capital, and to increase international trade and export finance
2848 opportunities for firms critical to achieving the purposes of
2849 this act.
2850 Section 102. Paragraphs (a) and (b) of subsection (1) of

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2851 section 288.9624, Florida Statutes, are amended to read:
2852 288.9624 Florida Opportunity Fund; creation; duties. —
2853 (1)(a) Enterprise Florida, Inc., shall facilitate the
2854 creation of The Florida Opportunity Fund is, a private, not-for-
2855 profit corporation organized and operated under chapter 617.
2856 Enterprise Florida, Inc., shall be the fund's sole shareholder
2857 or member. The fund is not a public corporation or
2858 instrumentality of the state. The fund shall manage its business
2859 affairs and conduct business consistent with its organizational
2860 documents and the purposes set forth in this section.
2861 Notwithstanding the powers granted under chapter 617, the
2862 corporation may not amend, modify, or repeal a bylaw or article
2863 of incorporation without the express written consent of the
2864 department Enterprise Florida, Inc.
2865 (b) The board of directors of the Florida Opportunity Fund
2866 shall have five members, appointed by the Governor vote of the
2867 board of directors of Enterprise Florida, Inc. Board members
2868 shall serve terms as provided in the fund's organizational
2869 documents. Within 90 days before an anticipated vacancy by
2870 expiration of the term of a board member, the board of dir ectors
2871 of the fund shall submit a list of three eligible nominees,
2872 which may include the incumbent, to the Governor. The Governor
2873 board of directors of Enterprise Florida, Inc. The board of
2874 directors of Enterprise Florida, Inc., may appoint a board
2875 member from the nominee list or may request and appoint from a

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2876 new list of three nominees not included on the previous list.
2877 Section 103. Paragraph (c) of subsection (4) of section
2878 288.96255, Florida Statutes, is amended to read:
2879 288.96255 Florida Technology Seed Capital Fund; creation;
2880 duties.—
2881 (4) The private fund manager shall use a thorough and
2882 detailed process that is modeled after investment industry
2883 practices to evaluate a proposal. In order to approve a company
2884 for investment, the private fund manager, on behalf of the
2885 institute, must consider if:
2886 (c) The company is a target industry business as defined
2887 in s. 196.012(11) s. 288.106(2); and
2888 Section 104. Paragraph (b) of subsection (1) of section
2889 288.980, Florida Statutes, is amended to read:
2890 288.980 Military base retention; legislative intent;
2891 grants program.—
2892 (1)
2893 (b) The Florida Defense Alliance, an organization within
2894 the department Enterprise Florida, Inc., is designated as the
2895 organization to ensure that Florida, its resident military bases
2896 and missions, and its military host communities are in
2897 competitive positions as the United States continues its defense
2898 realignment and downsizing. The defense alliance shall serve as
2899 an overall advisory body for defense-related activity of the
2900 department Enterprise Florida, Inc. The Florida Defense Alliance

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2901 may receive funding from appropriations made for that purpose
2902 administered by the department.
2903 Section 105. Section 288.991, Florida Statutes, is
2904 repealed.
2905 Section 106. Section 288.9912, Florida Statutes, is
2906 repealed.
2907 Section 107. Section 288.9913, Florida Statutes, is
2908 repealed.
2909 Section 108. Section 288.9914, Florida Statutes, is
2910 repealed.
2911 Section 109. Section 288.9915, Florida Statutes, is
2912 repealed.
2913 Section 110. Section 288.9916, Florida Statutes, is
2914 repealed.
2915 Section 111. Section 288.9917, Florida Statutes, is
2916 repealed.
2917 Section 112. Section 288.9918, Florida Statutes, is
2918 repealed.
2919 Section 113. Section 288.9919, Florida Statutes, is
2920 repealed.
2921 Section 114. Section 288.9920, Florida Statutes, is
2922 repealed.
2923 Section 115. Section 288.9921, Florida Statutes, is
2924 repealed.
2925 Section 116. Section 288.9922, Florida Statutes, is

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2926 repealed.
2927 Section 117. Section 288.993, Florida Statutes, is
2928 repealed.
2929 Section 118. Section 288.9931, Florida Statutes, is
2930 repealed.
2931 Section 119. Section 288.9932, Florida Statutes, is
2932 repealed.
2933 Section 120. Section 288.9933, Florida Statutes, is
2934 repealed.
2935 Section 121. Section 288.9934, Florida Statutes, is
2936 repealed.
2937 Section 122. Section 288.9935, Florida Statutes, is
2938 repealed.
2939 Section 123. Section 288.9936, Florida Statutes, is
2940 repealed.
2941 Section 124. Section 288.9937, Florida Statutes, is
2942 repealed.
2943 Section 125. Subsection (3) of section 288.9961, Florida
2944 Statutes, is amended to read:
2945 288.9961 Promotion of broadband adoption; Florida Office
2946 of Broadband.—
2947 (3) STATE AGENCY.—The department is designated as the lead
2948 state agency to facilitate the expansion of broadband Internet
2949 service in this state. The department shall work collaboratively
2950 with private businesses and receive staffing support and other

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2951 resources from Enterprise Florida, Inc., state agencies, local
2952 governments, and community organizations.
2953 Section 126. Paragraph (h) of subsection (8) and paragraph
2954 (a) of subsection (9) of section 290.0056, Florida Statutes, are
2955 amended to read:
2956 290.0056 Enterprise zone development agency.—
2957 (8) The enterprise zone development agency shall have the
2958 following powers and responsibilities:
2959 (h) To work with the department and Enterprise Florida,
2960 Inc., to ensure that the enterprise zone coordinator receives
2961 training on an annual basis.
2962 (9) The following powers and responsibilities shall be
2963 performed by the governing body creating the enterprise zone
2964 development agency acting as the managing agent of the
2965 enterprise zone development agency, or, contingent upon approval
2966 by such governing body, such powers and responsibilities shall
2967 be performed by the enterprise zone development agency:
2968 (a) To review, process, and certify applications for state
2969 enterprise zone tax incentives pursuant to ss. 212.08(5)(f) and
2970 (g) and (14); 212.096; 220.181; and 220.182 ss. 212.08(5)(g),
2971 (h), and (15); 212.096; 220.181; and 220.182.
2972 Section 127. Paragraph (b) of subsection (4) and
2973 subsection (7) of section 290.0065, Florida Statutes, are
2974 amended to read:
2975 290.0065 State designation of enterprise zones.—

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2976 (4)
2977 (b) In consultation with Enterprise Florida, Inc., The
2978 department shall, based on the enterprise zone profile and the
2979 grounds for redesignation expressed in the resolution, determine
2980 whether the enterprise zone merits redesignation. The department
2981 may also examine and consider the following:
2982 1. Progress made, if any, in the enterprise zone's
2983 strategic plan.
2984 2. Use of enterprise zone incentives during the life of
2985 the enterprise zone.
2986
2987 If the department determines that the enterprise zone merits
2988 redesignation, the department shall notify the governing body in
2989 writing of its approval of redesignation.
2990 (7) Upon approval by the department of a resolution
2991 authorizing an area to be an enterprise zone pursuant to this
2992 section, the department shall assign a unique identifying number
2993 to that resolution. The department shall provide the Department
2994 of Revenue and Enterprise Florida, Inc., with a copy of each
2995 resolution approved, together with its identifying number.
2996 Section 128. Section 290.00677, Florida Statutes, is
2997 amended to read:
2998 290.00677 Rural enterprise zones; special qualifications. —
2999 (1) Notwithstanding the enterprise zone residency
3000 requirements set out in s. 212.096(1)(c), eligible businesses as

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3001 defined in s. 212.096(1)(a) located in rural enterprise zones as
3002 defined in s. 290.004 may receive the basic minimum credit
3003 provided under s. 212.096 for creating a new job and hiring a
3004 person residing within the jurisdiction of a rural community as
3005 defined in s. 288.106(2). All other provisions of s. 212.096,
3006 including, but not limited to, those relating to the award of
3007 enhanced credits, apply to such businesses.
3008 (2) Notwithstanding the enterprise zone residency
3009 requirements set out in s. 220.03(1)(q), businesses as defined
3010 in s. 220.03(1)(c) located in rural enterprise zones as de fined
3011 in s. 290.004 may receive the basic minimum credit provided
3012 under s. 220.181 for creating a new job and hiring a person
3013 residing within the jurisdiction of a rural community as defined
3014 in s. 288.106(2). All other provisions of s. 220.181, including,
3015 but not limited to, those relating to the award of enhanced
3016 credits, apply to such businesses.
3017 (3) As used in this section, the term "rural community"
3018 means:
3019 (a) A county having a population of 75,000 or fewer.
3020 (b) A county having a population of 125,000 or fewer that
3021 is contiguous to a county having a population of 75,000 or
3022 fewer.
3023 (c) A municipality within a county described in paragraph
3024 (a) or paragraph (b).
3025

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3026 For purposes of this subsection, population shall be determined
3027 in accordance with the most recent official estimate pursuant to
3028 s. 186.901.
3029 Section 129. Subsections (4), (5), and (6) of section
3030 290.007, Florida Statutes, are amended to read:
3031 290.007 State incentives available in enterprise zones. —
3032 The following incentives are provided by the state to encourage
3033 the revitalization of enterprise zones:
3034 (4) The sales tax exemption for building materials used in
3035 the rehabilitation of real property in enterprise zones provided
3036 in s. 212.08(5)(f) s. 212.08(5)(g).
3037 (5) The sales tax exemption for business equipment used in
3038 an enterprise zone provided in s. 212.08(5)(g) s. 212.08(5)(h).
3039 (6) The sales tax exemption for electrical energy used in
3040 an enterprise zone provided in s. 212.08(14) s. 212.08(15).
3041 Section 130. Subsections (3) and (4) of section 290.053,
3042 Florida Statutes, are amended to read:
3043 290.053 Response to economic emergencies in small
3044 communities.—
3045 (3) A local government entity shall notify the Governor
3046 and, the Department of Economic Opportunity, and Enterprise
3047 Florida, Inc., when one or more of the conditions specified in
3048 subsection (2) have occurred or will occur if action is not
3049 taken to assist the local governmental entity or the affected
3050 community.

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3051 (4) Upon notification that one or more of the conditions
3052 described in subsection (2) exist, the Governor or his or her
3053 designee shall contact the local governmental entity to
3054 determine what actions have been taken by the local governmental
3055 entity or the affected community to resolve the economic
3056 emergency. The Governor may waive the eligibility criteria of
3057 any program or activity administered by the Department of
3058 Economic Opportunity or Enterprise Florida, Inc., to provide
3059 economic relief to the affected community by granting
3060 participation in such programs or activities. The Governor shall
3061 consult with the President of the Senate and the Speaker of the
3062 House of Representatives and shall take other action, as
3063 necessary, to resolve the economic emergency in the most
3064 expedient manner possible. All actions taken pursuant to this
3065 section shall be within current appropriations and shall have no
3066 annualized impact beyond normal growth.
3067 Section 131. Paragraph (d) of subsection (3) and
3068 subsection (4) of section 295.22, Florida Statutes, are amended
3069 to read:
3070 295.22 Veterans Employment and Training Services Program.—
3071 (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
3072 administer the Veterans Employment and Training Services Program
3073 and perform all of the following functions:
3074 (d) Create a grant program to provide funding to assist
3075 veterans in meeting the workforce-skill needs of businesses

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3076 seeking to hire, promote, or generally improve specialized
3077 skills of veterans, establish criteria for approval of requests
3078 for funding, and maximize the use of funding for this program.
3079 Grant funds may be used only in the absence of available
3080 veteran-specific federally funded programs. Grants may fund
3081 specialized training specific to a particular business.
3082 1. If grant funds are used to provide a technical
3083 certificate, a licensure, or a degree, funds may be allocated
3084 only upon a review that includes, but is not limited to,
3085 documentation of accreditation and licensure. Instruction funded
3086 through the program terminates when participants demonstrate
3087 competence at the level specified in the request but may not
3088 exceed 12 months. Preference shall be given to target industry
3089 businesses, as defined in s. 288.106, and to businesses in the
3090 defense supply, cloud virtualization, or commercial aviation
3091 manufacturing industries.
3092 2. Costs and expenditures shall be limited to $8,000 per
3093 veteran trainee. Qualified businesses must cover the entire cost
3094 for all of the training provided before receiving reimbursement
3095 from the corporation equal to 50 percent of the cost to train a
3096 veteran who is a permanent, full-time employee. Eligible costs
3097 and expenditures include:
3098 a. Tuition and fees.
3099 b. Books and classroom materials.
3100 c. Rental fees for facilities.

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3101 3. Before funds are allocated for a request pursuant to
3102 this section, the corporation shall prepare a grant agreement
3103 between the business requesting funds and the corporation. Such
3104 agreement must include, but need not be limited to:
3105 a. Identification of the personnel necessary to conduct
3106 the instructional program, instructional program description,
3107 and any vendors used to conduct the instructional program.
3108 b. Identification of the estimated duration of the
3109 instructional program.
3110 c. Identification of all direct, training-related costs.
3111 d. Identification of special program requirements that are
3112 not otherwise addressed in the agreement.
3113 e. Permission to access aggregate information specific to
3114 the wages and performance of participants upon the completion of
3115 instruction for evaluation purposes. The agreement must specify
3116 that any evaluation published subsequent to the instruction may
3117 not identify the employer or any individual participant.
3118 4. A business may receive a grant under the Quick -Response
3119 Training Program created under s. 288.047 and a grant under this
3120 section for the same veteran trainee. If a business receives
3121 funds under both programs, one grant agreement may be entered
3122 into with CareerSource Florida, Inc., as the grant
3123 administrator.
3124 (4) DUTIES OF ENTERPRISE FLORIDA, INC.—Enterprise Florida,
3125 Inc., shall provide information about the corporation and its

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3126 services to prospective, new, expanding, and relocating
3127 businesses seeking to conduct business in this state. Enterprise
3128 Florida, Inc., shall, to the greatest extent possible,
3129 collaborate with the corporation to meet the employment needs,
3130 including meeting the job-creation requirements, of any business
3131 receiving assistance or services from Enterprise Florida, Inc.
3132 Section 132. Paragraph (a) of subsection (6), paragraph
3133 (b) of subsection (9), paragraph (a) of subsection (34),
3134 subsection (57), and paragraph (b) of subsection (61) of section
3135 320.08058, Florida Statutes, are amended to read:
3136 320.08058 Specialty license plates.—
3137 (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
3138 PLATES.—
3139 (a) Because the United States Olympic Committee has
3140 selected this state to participate in a combined fundraising
3141 program that provides for one-half of all money raised through
3142 volunteer giving to stay in this state and be administered by
3143 Enterprise Florida, Inc., to support amateur sports, and because
3144 the United States Olympic Committee is a and Enterprise Florida,
3145 Inc., are nonprofit organization organizations dedicated to
3146 providing athletes with support and training and preparing
3147 athletes of all ages and skill levels for sports competition,
3148 and because Enterprise Florida, Inc., assists in the bidding for
3149 sports competitions that provide significant impact to the
3150 economy of this state, and the Legislature supports the efforts

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3151 of the United States Olympic Committee and Enterprise Florida,
3152 Inc., the Legislature establishes a Florida United States
3153 Olympic Committee license plate for the purpose of providing a
3154 continuous funding source to support this worthwhile effort.
3155 Florida United States Olympic Committee license plates must
3156 contain the official United States Olympic Committee logo and
3157 must bear a design and colors that are approved by the
3158 department. The word "Florida" must be centered at the top of
3159 the plate.
3160 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES. —
3161 (b) The license plate annual use fees are to be annually
3162 distributed as follows:
3163 1. Fifty-five percent of the proceeds from the Florida
3164 Professional Sports Team plate must be deposited into the
3165 Professional Sports Development Trust Fund within the Department
3166 of Economic Opportunity. These funds must be used
3167 solely to attract and support major sports events in this state.
3168 As used in this subparagraph, the term "major sports events"
3169 means, but is not limited to, championship or all-star contests
3170 of Major League Baseball, the National Basketball Association,
3171 the National Football League, the National Hockey League, Major
3172 League Soccer, the men's and women's National Collegiate
3173 Athletic Association Final Four basketball championship, or a
3174 horseracing or dogracing Breeders' Cup. All funds must be used
3175 to support and promote major sporting events, and the uses must

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3176 be approved by the Department of Economic Opportunity.
3177 2. The remaining proceeds of the Florida Professional
3178 Sports Team license plate must be allocated to the Florida
3179 Sports Foundation Enterprise Florida, Inc. These funds must be
3180 deposited into the Professional Sports Development Trust Fund
3181 within the Department of Economic Opportunity. These funds must
3182 be used by the Florida Sports Foundation Enterprise Florida,
3183 Inc., to promote the economic development of the sports
3184 industry; to distribute licensing and royalty fees to
3185 participating professional sports teams; to promote education
3186 programs in Florida schools that provide an awareness of the
3187 benefits of physical activity and nutrition standards; to
3188 partner with the Department of Education and the Department of
3189 Health to develop a program that recognizes schools whose
3190 students demonstrate excellent physical fitness or fitness
3191 improvement; to institute a grant program for communities
3192 bidding on minor sporting events that create an economic impact
3193 for the state; to distribute funds to Florida-based charities
3194 designated by the Florida Sports Foundation Enterprise Florida,
3195 Inc., and the participating professional sports teams; and to
3196 fulfill the sports promotion responsibilities of the Department
3197 of Economic Opportunity.
3198 3. The Florida Sports Foundation Enterprise Florida, Inc.,
3199 shall provide an annual financial audit in accordance with s.
3200 215.981 of its financial accounts and records by an ind ependent

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3201 certified public accountant pursuant to the contract established
3202 by the Department of Economic Opportunity. The auditor shall
3203 submit the audit report to the Department of Economic
3204 Opportunity for review and approval. If the audit report is
3205 approved, the Department of Economic Opportunity shall certify
3206 the audit report to the Auditor General for review.
3207 4. Notwithstanding the provisions of subparagraphs 1. and
3208 2., proceeds from the Professional Sports Development Trust Fund
3209 may also be used for operational expenses of the Florida Sports
3210 Foundation Enterprise Florida, Inc., and financial support of
3211 the Sunshine State Games.
3212 (34) FLORIDA GOLF LICENSE PLATES.—
3213 (a) The Department of Highway Safety and Motor Vehicles
3214 shall develop a Florida Golf license plate as provided in this
3215 section. The word "Florida" must appear at the bottom of the
3216 plate. The Dade Amateur Golf Association, following consultation
3217 with the Florida Sports Foundation and the PGA TOUR, Enterprise
3218 Florida, Inc., the LPGA, and the PGA of America may submit a
3219 revised sample plate for consideration by the department.
3220 (57) FLORIDA NASCAR LICENSE PLATES.—
3221 (a) The department shall develop a Florida NASCAR license
3222 plate as provided in this section. Florida NASCAR license plates
3223 must bear the colors and design approved by the department. The
3224 word "Florida" must appear at the top of the plate, and the term
3225 "NASCAR" must appear at the bottom of the plate. The National

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3226 Association for Stock Car Auto Racing, following consultation
3227 with the Florida Sports Foundation Enterprise Florida, Inc., may
3228 submit a sample plate for consideration by the department.
3229 (b) The license plate annual use fees shall be distributed
3230 to the Florida Sports Foundation Enterprise Florida, Inc. The
3231 license plate annual use fees shall be annually allocated as
3232 follows:
3233 1. Up to 5 percent of the proceeds from the annual use
3234 fees may be used by the Department of Economic Opportunity
3235 Enterprise Florida, Inc., for the administration of the NASCAR
3236 license plate program.
3237 2. The National Association for Stock Car Auto Racing
3238 shall receive up to $60,000 in proceeds from the annual use fees
3239 to be used to pay startup costs, including costs incurred in
3240 developing and issuing the plates. Thereafter, 10 percent of the
3241 proceeds from the annual use fees shall be provided to the
3242 association for the royalty rights for the use of its marks.
3243 3. The remaining proceeds from the annual use fees shall
3244 be distributed to the Florida Sports Foundation Enterprise
3245 Florida, Inc. The Florida Sports Foundation Enterprise Florida,
3246 Inc., will retain 15 percent to support its regional grant
3247 program, attracting sporting events to Florida; 20 percent to
3248 support the marketing of motorsports-related tourism in the
3249 state; and 50 percent to be paid to the NASCAR Foundation, a s.
3250 501(c)(3) charitable organization, to support Florida -based

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3251 charitable organizations.
3252 (c) The Florida Sports Foundation Enterprise Florida,
3253 Inc., shall provide an annual financial audit in accordance with
3254 s. 215.981 of its financial accounts and records by an
3255 independent certified public accountant pursuant to the contract
3256 established by the Department of Economic Opportunity. The
3257 auditor shall submit the audit report to the Department of
3258 Economic Opportunity for review and approval. If the audit
3259 report is approved, the Department of Economic Opportunity shall
3260 certify the audit report to the Auditor General for review.
3261 (61) FLORIDA TENNIS LICENSE PLATES.—
3262 (b) The department shall distribute the annual use fees to
3263 the Florida Sports Foundation Enterprise Florida, Inc. The
3264 license plate annual use fees shall be annually allocated as
3265 follows:
3266 1. Up to 5 percent of the proceeds from the annual use
3267 fees may be used by the Florida Sports Foundation Enterprise
3268 Florida, Inc., to administer the license plate program.
3269 2. The United States Tennis Association Florida Section
3270 Foundation shall receive the first $60,000 in proceeds from the
3271 annual use fees to reimburse it for startup costs,
3272 administrative costs, and other costs it incurs in th e
3273 development and approval process.
3274 3. Up to 5 percent of the proceeds from the annual use
3275 fees may be used for promoting and marketing the license plates.

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3276 The remaining proceeds shall be available for grants by the
3277 United States Tennis Association Florida Section Foundation to
3278 nonprofit organizations to operate youth tennis programs and
3279 adaptive tennis programs for special populations of all ages,
3280 and for building, renovating, and maintaining public tennis
3281 courts.
3282 Section 133. Subsections (2), (3), and (6) of section
3283 331.3051, Florida Statutes, are amended to read:
3284 331.3051 Duties of Space Florida.—Space Florida shall:
3285 (2) Enter into agreement with the Department of Education,
3286 the Department of Transportation, Enterprise Florida, Inc., and
3287 CareerSource Florida, Inc., for the purpose of implementing this
3288 act.
3289 (3) In cooperation with Enterprise Florida, Inc., Develop
3290 a plan to retain, expand, attract, and create aerospace industry
3291 entities, public or private, which results in the creation of
3292 high-value-added businesses and jobs in this state.
3293 (6) Develop, in cooperation with Enterprise Florida, Inc.,
3294 a plan to provide financing assistance to aerospace businesses.
3295 The plan may include the following activities:
3296 (a) Assembling, publishing, and disseminating information
3297 concerning financing opportunities and techniques for aerospace
3298 projects, programs, and activities; sources of public and
3299 private aerospace financing assistance; and sources of
3300 aerospace-related financing.

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3301 (b) Organizing, hosting, and participating in seminars and
3302 other forums designed to disseminate information and technical
3303 assistance regarding aerospace-related financing.
3304 (c) Coordinating with programs and goals of the Department
3305 of Defense, the National Aeronautics and Space Administration,
3306 the Export-Import Bank of the United States, the International
3307 Trade Administration of the United States Department of
3308 Commerce, the Foreign Credit Insurance Association, and other
3309 private and public programs and organizations, domestic and
3310 foreign.
3311 (d) Establishing a network of contacts among those
3312 domestic and foreign public and private organizations that
3313 provide information, technical assistance, and financial support
3314 to the aerospace industry.
3315 (e) Financing aerospace business development projects or
3316 initiatives using funds provided by the Legislature.
3317 Section 134. Section 331.3081, Florida Statutes, is
3318 amended to read:
3319 331.3081 Board of directors.—Space Florida shall be
3320 governed by a 13-member independent board of directors. The
3321 Governor, or his or her designee, shall serve as an ex officio
3322 voting member and chair of the board. The other 12 members shall
3323 be appointed from the private sector, six of whom shall be
3324 appointed by the Governor, three of whom shall be appointed by
3325 the President of the Senate, and three of whom shall be

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3326 appointed by the Speaker of the House of Representatives that
3327 consists of the members appointed to the board of directors of
3328 Enterprise Florida, Inc., by the Governor, the President of the
3329 Senate, and the Speaker of the House of Representatives pursuant
3330 to s. 288.901(5)(a)8. and the Governor, who shall serve ex
3331 officio, or who may appoint a designee to serve, as the chair
3332 and a voting member of the board.
3333 Section 135. Paragraph (f) of subsection (1) of section
3334 339.08, Florida Statutes, is amended to read:
3335 339.08 Use of moneys in State Transportation Trust Fund.—
3336 (1) The department shall expend moneys in the State
3337 Transportation Trust Fund accruing to the department, in
3338 accordance with its annual budget. The use of such moneys shall
3339 be restricted to the following purposes:
3340 (f) To pay the cost of economic development transportation
3341 projects in accordance with s. 339.2821.
3342 Section 136. Section 339.2821, Florida Statutes, is
3343 repealed.
3344 Section 137. Paragraph (d) of subsection (1) of section
3345 376.82, Florida Statutes, is amended to read:
3346 376.82 Eligibility criteria and liability protection.—
3347 (1) ELIGIBILITY.—Any person who has not caused or
3348 contributed to the contamination of a brownfield site o n or
3349 after July 1, 1997, is eligible to participate in the brownfield
3350 program established in ss. 376.77-376.85, subject to the

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3351 following:
3352 (d) After July 1, 1997, petroleum and drycleaning
3353 contamination sites shall not receive both restoration funding
3354 assistance available for the discharge under this chapter and
3355 any state assistance available under s. 288.107. Nothing in this
3356 act shall affect the cleanup criteria, priority ranking, and
3357 other rights and obligations inherent in petroleum contamination
3358 and drycleaning contamination site rehabilitation under ss.
3359 376.30-376.317, or the availability of economic incentives
3360 otherwise provided for by law.
3361 Section 138. Paragraph (h) of subsection (2) of section
3362 377.703, Florida Statutes, is amended to read:
3363 377.703 Additional functions of the Department of
3364 Agriculture and Consumer Services.—
3365 (2) DUTIES.—The department shall perform the following
3366 functions, unless as otherwise provided, consistent with the
3367 development of a state energy policy:
3368 (h) The department shall promote the development and use
3369 of renewable energy resources, in conformance with chapter 187
3370 and s. 377.601, by:
3371 1. Establishing goals and strategies for increasing the
3372 use of renewable energy in this state.
3373 2. Aiding and promoting the commercialization of renewable
3374 energy resources, in cooperation with the Florida Energy Systems
3375 Consortium, the Florida Solar Energy Center, Enterprise Florida,

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3376 Inc., and any other federal, state, or local governmental agency
3377 that may seek to promote research, development, and the
3378 demonstration of renewable energy equipment and technology.
3379 3. Identifying barriers to greater use of renewable energy
3380 resources in this state, and developing specific recommendations
3381 for overcoming identified barriers, with findings and
3382 recommendations to be submitted annually in the report to the
3383 Governor and Legislature required under paragraph (f).
3384 4. In cooperation with the Department of Environmental
3385 Protection, the Department of Transportation, the Department of
3386 Economic Opportunity, Enterprise Florida, Inc., the Florida
3387 Energy Systems Consortium, the Florida Solar Energy Center, and
3388 the Florida Solar Energy Industries Association, investigating
3389 opportunities, pursuant to the national Energy Policy Act of
3390 1992, the Housing and Community Development Act of 1992, and any
3391 subsequent federal legislation, for renewable energy resources,
3392 electric vehicles, and other renewable energy manufacturing,
3393 distribution, installation, and financing efforts that enhance
3394 this state's position as the leader in renewable energy
3395 research, development, and use.
3396 5. Undertaking other initiatives to advance the
3397 development and use of renewable energy resources in this state.
3398
3399 In the exercise of its responsibilities under this paragraph,
3400 the department shall seek the assistance of the renewable energy

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3401 industry in this state and other interested parties and may
3402 enter into contracts, retain professional consulting services,
3403 and expend funds appropriated by the Legislature for such
3404 purposes.
3405 Section 139. Subsection (5) of section 377.804, Florida
3406 Statutes, is amended to read:
3407 377.804 Renewable Energy and Energy-Efficient Technologies
3408 Grants Program.—
3409 (5) The department shall solicit the expertise of state
3410 agencies, Enterprise Florida, Inc., and state universities, and
3411 may solicit the expertise of other public and private entities
3412 it deems appropriate, in evaluating project proposals. State
3413 agencies shall cooperate with the department and provide such
3414 assistance as requested.
3415 Section 140. Paragraph (a) of subsection (4) of section
3416 377.809, Florida Statutes, is amended to read:
3417 377.809 Energy Economic Zone Pilot Program.—
3418 (4)(a) Beginning July 1, 2012, all the incentives and
3419 benefits provided for enterprise zones pursuant to state law
3420 shall be available to the energy economic zones designated
3421 pursuant to this section on or before July 1, 2010. In order to
3422 provide incentives, by March 1, 2012, each local governing body
3423 that has jurisdiction over an energy economic zone must, by
3424 local ordinance, establish the boundary of the energy economic
3425 zone, specify applicable energy-efficiency standards, and

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3426 determine eligibility criteria for the application of state and
3427 local incentives and benefits in the energy economic zone.
3428 However, in order to receive benefits provided under s. 288.106,
3429 a business must be a qualified target industry business under s.
3430 288.106 for state purposes. An energy economic zone's boundary
3431 may be revised by local ordinance. Such incentives and benefits
3432 include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
3433 288.106, and 624.5105 and the public utility discounts provided
3434 in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
3435 shall be for renewable energy as defined in s. 377.803. For
3436 purposes of this section, any applicable requirements for
3437 employee residency for higher refund or credit thresholds must
3438 be based on employee residency in the energy economic zone or an
3439 enterprise zone. A business in an energy economic zone may also
3440 be eligible for funding under ss. 288.047 and 445.003, and a
3441 transportation project in an energy economic zone shall be
3442 provided priority in funding under s. 339.2821. Other projects
3443 shall be given priority ranking to the extent practicable for
3444 grants administered under state energy programs.
3445 Section 141. Subsections (1) and (5) of section 380.0657,
3446 Florida Statutes, are amended to read:
3447 380.0657 Expedited permitting process for economic
3448 development projects.—
3449 (1) The Department of Environmental Protection and, as
3450 appropriate, the water management districts created under

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3451 chapter 373 shall adopt programs to expedite the processing of
3452 wetland resource and environmental resource permits for economic
3453 development projects that have been identified by a municipality
3454 or county as meeting the definition of target industry
3455 businesses under s. 288.106, or any intermodal logistics center
3456 receiving or sending cargo to or from Florida ports, with the
3457 exception of those projects requiring approval by the Board of
3458 Trustees of the Internal Improvement Trust Fund.
3459 (5) Notwithstanding the provisions of this section, permit
3460 applications for projects to be located in a charter county that
3461 has a population of 1.2 million or more and has entered into a
3462 delegation agreement with the Department of Environmental
3463 Protection or the applicable water management district to
3464 process environmental resource permits, wetland resource
3465 management permits, or surface water management permits pursuant
3466 to chapter 373 are eligible for expedited permitting under this
3467 section only upon designation by resolution of the charter
3468 county's governing board. Before the governing board decides
3469 that a project is eligible for expedited permitting, it may
3470 require the county's economic development agency, or such other
3471 agency that provides advice to the governing board on economic
3472 matters, to review and recommend whether the project meets the
3473 definition of a target industry business as defined in s.
3474 288.106 and to identify the tangible benefits and impacts of the
3475 project. The governing board's decision shall be made without

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3476 consideration of the project's geographic location within the
3477 charter county. If the governing board designates the project as
3478 a target industry business, the permit application for the
3479 project shall be approved or denied within the timeframe
3480 provided in subsection (4).
3481 Section 142. Subsection (1) of section 401.23, Florida
3482 Statutes, is amended to read:
3483 401.23 Definitions.—As used in this part, the term:
3484 (1) "Acute and postacute hospital care at home" means
3485 acute and postacute health care services provided in a
3486 clinically qualified patient's permanent residence, as defined
3487 in s. 196.012(18) s. 196.012(17), through a program approved by
3488 the Centers for Medicare and Medicaid Services and the Agency
3489 for Health Care Administration.
3490 Section 143. Subsection (5) of section 403.7032, Florida
3491 Statutes, is amended to read:
3492 403.7032 Recycling.—
3493 (5) The Department of Environmental Protection shall
3494 create the Recycling Business Assistance Center by December 1,
3495 2010. In carrying out its duties under this subsection, the
3496 department shall consult with state agency personnel appointed
3497 to serve as economic development liaisons under s. 288.021 and
3498 seek technical assistance from Enterprise Florida, Inc., to
3499 ensure the Recycling Business Assistance Center is positioned to
3500 succeed. The purpose of the center shall be to serve as the

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3501 mechanism for coordination among state agencies and the private
3502 sector in order to coordinate policy and overall strategic
3503 planning for developing new markets and expanding and enhancing
3504 existing markets for recyclable materials in this state, other
3505 states, and foreign countries. The duties of the center must
3506 include, at a minimum:
3507 (a) Identifying and developing new markets and expanding
3508 and enhancing existing markets for recyclable materials.
3509 (b) Pursuing expanded end uses for recycled materials.
3510 (c) Targeting materials for concentrated market
3511 development efforts.
3512 (d) Developing proposals for new incentives for market
3513 development, particularly focusing on targeted materials.
3514 (e) Providing guidance on issues such as permitting,
3515 finance options for recycling market development, site location,
3516 research and development, grant program criteria for recycled
3517 materials markets, recycling markets education and information,
3518 and minimum content.
3519 (f) Coordinating the efforts of various governmental
3520 entities having market development responsibilities in order to
3521 optimize supply and demand for recyclable materials.
3522 (g) Evaluating source-reduced products as they relate to
3523 state procurement policy. The evaluation shall include, but is
3524 not limited to, the environmental and economic impact of source -
3525 reduced product purchases to the state. For the purposes of this

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3526 paragraph, the term "source-reduced" means any method, process,
3527 product, or technology that significantly or substantially
3528 reduces the volume or weight of a product while providing, at a
3529 minimum, equivalent or generally similar performance and service
3530 to and for the users of such materials.
3531 (h) Providing evaluation of solid waste management grants,
3532 pursuant to s. 403.7095, to reduce the flow of solid waste to
3533 disposal facilities and encourage the sustainable recovery of
3534 materials from Florida's waste stream.
3535 (i) Providing below-market financing for companies that
3536 manufacture products from recycled materials or convert
3537 recyclable materials into raw materials for use in manufacturing
3538 pursuant to the Florida Recycling Loan Program as administered
3539 by the Florida First Capital Finance Corporation.
3540 (j) Maintaining a continuously updated online directory
3541 listing the public and private entities that collect, transport,
3542 broker, process, or remanufacture recyclable materials in the
3543 state.
3544 (k) Providing information on the availability and benefits
3545 of using recycled materials to private entities and industries
3546 in the state.
3547 (l) Distributing any materials prepared in implementing
3548 this subsection to the public, private entities, industries,
3549 governmental entities, or other organizations upon request.
3550 (m) Coordinating with the Department of Economic

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3551 Opportunity and its partners to provide job placement and job
3552 training services to job seekers through the state's workforce
3553 services programs.
3554 Section 144. Paragraphs (f) through (h) of subsection (3)
3555 of section 403.973, Florida Statutes, are redesignated as
3556 paragraphs (e) through (g), respectively, subsections (16)
3557 through (19) are renumbered as subsections (15) through (18),
3558 respectively, and present paragraph (e) of subsection (3),
3559 paragraph (b) of subsection (14), and present subsections (15)
3560 and (17) of that section are amended, to read:
3561 403.973 Expedited permitting; amendments to comprehensive
3562 plans.—
3563 (3)
3564 (e) Projects that are part of the state-of-the-art
3565 biomedical research institution and campus to be established in
3566 this state by the grantee under s. 288.955 are eligible for the
3567 expedited permitting process, if the projects are designated as
3568 part of the institution or campus by the board of county
3569 commissioners of the county in which the institution and campus
3570 are established.
3571 (14)
3572 (b) Projects identified in paragraphs (3)(e)-(g) (3)(f)-
3573 (h) or challenges to state agency action in the expedited
3574 permitting process for establishment of a state-of-the-art
3575 biomedical research institution and campus in this state by the

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3576 grantee under s. 288.955 are subject to the same requirements as
3577 challenges brought under paragraph (a), except that,
3578 notwithstanding s. 120.574, summary proceedings must be
3579 conducted within 30 days after a party files the motion for
3580 summary hearing, regardless of whether the parties agree to the
3581 summary proceeding.
3582 (15) The Department of Economic Opportunity, working with
3583 the agencies providing cooperative assistance and input
3584 regarding the memoranda of agreement, shall review sites
3585 proposed for the location of facilities that the Department of
3586 Economic Opportunity has certified to be eligible for the
3587 Innovation Incentive Program under s. 288.1089. Within 20 days
3588 after the request for the review by the Department of Economic
3589 Opportunity, the agencies shall provide to the Department of
3590 Economic Opportunity a statement as to each site's necessary
3591 permits under local, state, and federal law and an
3592 identification of significant permitting issues, which if
3593 unresolved, may result in the denial of an agency permi t or
3594 approval or any significant delay caused by the permitting
3595 process.
3596 (16)(17) The Department of Economic Opportunity shall be
3597 responsible for certifying a business as eligible for undergoing
3598 expedited review under this section. Enterprise Florida, Inc., A
3599 county or municipal government, or the Rural Economic
3600 Development Initiative may recommend to the Department of

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3601 Economic Opportunity that a project meeting the minimum job
3602 creation threshold undergo expedited review.
3603 Section 145. Paragraph (c) of subsection (1) of section
3604 443.091, Florida Statutes, is amended to read:
3605 443.091 Benefit eligibility conditions.—
3606 (1) An unemployed individual is eligible to receive
3607 benefits for any week only if the Department of Economic
3608 Opportunity finds that:
3609 (c) To make continued claims for benefits, she or he is
3610 reporting to the department in accordance with this paragraph
3611 and department rules. Department rules may not conflict with s.
3612 443.111(1)(b), which requires that each claimant continue to
3613 report regardless of any pending appeal relating to her or his
3614 eligibility or disqualification for benefits.
3615 1. For each week of unemployment claimed, each report
3616 must, at a minimum, include the name and address of each
3617 prospective employer contacted, or the date the claimant
3618 reported to a one-stop career center, pursuant to paragraph (d).
3619 For the purposes of this subparagraph, the term "address" means
3620 a website address, a physical address, or an e-mail address.
3621 2. The department shall offer an online assessment aimed
3622 at identifying an individual's skills, abilities, and career
3623 aptitude. The skills assessment must be voluntary, and the
3624 department shall allow a claimant to choose whether to take the
3625 skills assessment. The online assessment shall be made available

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3626 to any person seeking services from a local workforce
3627 development board or a one-stop career center.
3628 a. If the claimant chooses to take the online assessment,
3629 the outcome of the assessment shall be made available to the
3630 claimant, local workforce development board, and one-stop career
3631 center. The department, local workforce development board, or
3632 one-stop career center shall use the assessment to develop a
3633 plan for referring individuals to training and employment
3634 opportunities. Aggregate data on assessment outcomes may be made
3635 available to CareerSource Florida, Inc., and Enterprise Florida,
3636 Inc., for use in the development of policies related to
3637 education and training programs that will ensure that businesses
3638 in this state have access to a skilled and competent wo rkforce.
3639 b. Individuals shall be informed of and offered services
3640 through the one-stop delivery system, including career
3641 counseling, the provision of skill match and job market
3642 information, and skills upgrade and other training
3643 opportunities, and shall be encouraged to participate in such
3644 services at no cost to the individuals. The department shall
3645 coordinate with CareerSource Florida, Inc., the local workforce
3646 development boards, and the one-stop career centers to identify,
3647 develop, and use best practices for improving the skills of
3648 individuals who choose to participate in skills upgrade and
3649 other training opportunities. The department may contract with
3650 an entity to create the online assessment in accordance with the

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3651 competitive bidding requirements in s. 287.057. The online
3652 assessment must work seamlessly with the Reemployment Assistance
3653 Claims and Benefits Information System.
3654 Section 146. Paragraphs (b) through (g) of subsection (6)
3655 of section 445.004, Florida Statutes, are redesignated as
3656 paragraphs (a) through (f), respectively, and paragraph (d) of
3657 subsection (3), paragraphs (b) and (c) of subsection (5), and
3658 paragraph (a) of subsection (6) of that section are amended, to
3659 read:
3660 445.004 CareerSource Florida, Inc., and the state board;
3661 creation; purpose; membership; duties and powers.—
3662 (3)
3663 (d) The state board must include the Secretary of Economic
3664 Opportunity or his or her designee, the vice chairperson of the
3665 board of directors of Enterprise Florida, Inc., and one member
3666 representing each of the Workforce Innovation and Opportunity
3667 Act partners, including the Division of Career and Adult
3668 Education, the Division of Vocational Rehabilitation, the
3669 Division of Blind Services, the Department of Children and
3670 Families, and other entities representing programs identified in
3671 the Workforce Innovation and Opportunity Act, as determined
3672 necessary.
3673 (5) The state board has all the powers and authority not
3674 explicitly prohibited by statute which are necessary or
3675 convenient to carry out and effectuate its purposes as

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3676 determined by statute, Pub. L. No. 113-128, and the Governor, as
3677 well as its functions, duties, and responsibilities, including,
3678 but not limited to, the following:
3679 (b) Providing policy direction to ensure that the
3680 following programs are administered by the department consistent
3681 with approved plans:
3682 1. Programs authorized under Title I of the Workforce
3683 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
3684 exception of programs funded directly by the United States
3685 Department of Labor under Title I, s. 167.
3686 2. Programs authorized under the Wagner-Peyser Act of
3687 1933, as amended, 29 U.S.C. ss. 49 et seq.
3688 3. Activities authorized under Title II of the Trade Act
3689 of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
3690 Adjustment Assistance Program.
3691 4. Activities authorized under 38 U.S.C. chapter 41,
3692 including job counseling, training, and placement for veterans.
3693 5. Employment and training activities carried out under
3694 funds awarded to this state by the United States Department of
3695 Housing and Urban Development.
3696 6. Welfare transition services funded by the Temporary
3697 Assistance for Needy Families Program, created under the
3698 Personal Responsibility and Work Opportunity Reconciliation Act
3699 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
3700 of the Social Security Act, as amended.

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3701 7. The Florida Bonding Program, provided under Pub. L. No.
3702 97-300, s. 164(a)(1).
3703 8. The Food Assistance Employment and Training Program,
3704 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
3705 2011-2032; the Food Security Act of 1988, Pub. L. No. 99 -198;
3706 the Hunger Prevention Act, Pub. L. No. 100-435; and the
3707 Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
3708 9. The Quick-Response Training Program, provided under ss.
3709 288.046-288.047. Matching funds and in-kind contributions that
3710 are provided by clients of the Quick-Response Training Program
3711 count toward the requirements of s. 288.904, pertaining to the
3712 return on investment from activities of Enterprise Florida, Inc.
3713 10. The Work Opportunity Tax Credit, provided under the
3714 Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
3715 and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
3716 11. Offender placement services, provided under ss.
3717 944.707-944.708.
3718 (c) Contracting with public and private entities as
3719 necessary to further the directives of this section. All
3720 contracts executed by the state board or CareerSource Florida,
3721 Inc., must include specific performance expectations and
3722 deliverables. All contracts, including those solicited, managed,
3723 or paid by the department under s. 20.60(5)(b) s. 20.60(5)(c),
3724 are exempt from s. 112.061, but shall be governed by subsection
3725 (1).

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3726 (6) The state board shall achieve the purposes of this
3727 section by:
3728 (a) Creating a state employment, education, and training
3729 policy that ensures workforce related programs are responsive to
3730 present and future business and industry needs and complement
3731 the initiatives of Enterprise Florida, Inc.
3732 Section 147. Subsection (5) of section 445.045, Florida
3733 Statutes, is amended to read:
3734 445.045 Development of an Internet-based system for
3735 information technology industry promotion and workforce
3736 recruitment.—
3737 (5) In furtherance of the requirements of this section
3738 that the website promote and market the information technology
3739 industry by communicating information on the scope of the
3740 industry in this state, CareerSource Florida, Inc., shall
3741 coordinate its efforts with the high-technology industry
3742 marketing efforts of Enterprise Florida, Inc., under s. 288.911.
3743 Through links or actual content, the website developed under
3744 this section shall serve as a forum for distributing the
3745 marketing campaign developed by Enterprise Florida, Inc., under
3746 s. 288.911. In addition, CareerSource Florida, Inc., shall
3747 solicit input from the not-for-profit corporation created to
3748 advocate on behalf of the information technology industry as an
3749 outgrowth of the Information Service Technology Development Task
3750 Force created under chapter 99-354, Laws of Florida.

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3751 Section 148. Subsections (2) and (5) of section 446.44,
3752 Florida Statutes, are amended to read:
3753 446.44 Duties of Rural Workforce Services Program. —It
3754 shall be the direct responsibility of the Rural Workforce
3755 Services Program to promote and deliver employment and workforce
3756 services and resources to the rural undeveloped and
3757 underdeveloped counties of the state in an effort to:
3758 (2) Assist Enterprise Florida, Inc., in attracting light,
3759 pollution-free industry to the rural counties.
3760 (4)(5) Develop rural workforce programs that will be
3761 evaluated, planned, and implemented through communications and
3762 planning with appropriate:
3763 (a) Departments of state and federal governments.
3764 (b) Units of Enterprise Florida, Inc.
3765 (b)(c) Agencies and organizations of the public and
3766 private sectors at the state, regional, and local levels.
3767 Section 149. Subsection (1) of section 465.003, Florida
3768 Statutes, is amended to read:
3769 465.003 Definitions.—As used in this chapter, the term:
3770 (1) "Acute and postacute hospital care at home" means
3771 acute and postacute health care services provided in a
3772 clinically qualified patient's permanent residence, as defined
3773 in s. 196.012(18) s. 196.012(17), through a program approved by
3774 the Centers for Medicare and Medicaid Services and the Agency
3775 for Health Care Administration.

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3776 Section 150. Subsection (5) of section 477.0135, Florida
3777 Statutes, is amended to read:
3778 477.0135 Exemptions.—
3779 (5) A license is not required of any individual providing
3780 makeup, special effects, or cosmetology services to an actor,
3781 stunt person, musician, extra, or other talent during a
3782 theatrical, film, or other entertainment production recognized
3783 by the Office of Film and Entertainment as a qualified
3784 production as defined in s. 288.1254(1). Such services are not
3785 required to be performed in a licensed salon. Individuals exempt
3786 under this subsection may not provide such services to the
3787 general public.
3788 Section 151. Subsection (1) of section 570.81, Florida
3789 Statutes, is amended to read:
3790 570.81 Agricultural Economic Development Project Review
3791 Committee; powers and duties.—
3792 (1) There is created an Agricultural Economic Development
3793 Project Review Committee consisting of five members appointed by
3794 the commissioner. The members shall be appointed based upon the
3795 recommendations submitted by each entity represented on the
3796 committee and shall include:
3797 (a) The commissioner or the commissioner's designee.
3798 (b) One representative from the Farm Credit Service.
3799 (c) One representative from the Department of Economic
3800 Opportunity Enterprise Florida, Inc.

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3801 (d) One representative from the Florida Farm Bureau
3802 Federation.
3803 (e) One agricultural economist from the Institute of Food
3804 and Agricultural Sciences or from Florida Agricultural and
3805 Mechanical University.
3806 Section 152. Subsection (2) of section 570.85, Florida
3807 Statutes, is amended to read:
3808 570.85 Agritourism.—
3809 (2) The Department of Agriculture and Consumer Services
3810 may provide marketing advice, technical expertise, promotional
3811 support, and product development related to agritourism to
3812 assist the following in their agritourism initiatives:
3813 Enterprise Florida, Inc.; convention and visitor bureaus,;
3814 tourist development councils,; economic development
3815 organizations,; and local governments. In carrying out this
3816 responsibility, the department shall focus its agritourism
3817 efforts on rural and urban communities.
3818 Section 153. Paragraph (c) of subsection (1) of section
3819 624.5105, Florida Statutes, is amended to read:
3820 624.5105 Community contribution tax credit; authorization;
3821 limitations; eligibility and application requirements;
3822 administration; definitions; expiration.—
3823 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS. —
3824 (c) The total amount of tax credit which may be granted
3825 for all programs approved under this section and ss.

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3826 212.08(5)(o) and 220.183 ss. 212.08(5)(p) and 220.183 is $14.5
3827 million in the 2022-2023 fiscal year and in each fiscal year
3828 thereafter for projects that provide housing opportunities for
3829 persons with special needs as defined in s. 420.0004 or
3830 homeownership opportunities for low-income or very-low-income
3831 households as defined in s. 420.9071 and $4.5 million in the
3832 2022-2023 fiscal year and in each fiscal year thereafter for all
3833 other projects.
3834 Section 154. Section 625.3255, Florida Statutes, is
3835 repealed.
3836 Section 155. Subsection (4) of section 657.042, Florida
3837 Statutes, is amended to read:
3838 657.042 Investment powers and limitations.—A credit union
3839 may invest its funds subject to the following definitions,
3840 restrictions, and limitations:
3841 (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
3842 CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
3843 the credit union may be invested in any of the following:
3844 (a) corporate obligations of any one corporation which is
3845 an affiliate or subsidiary of the credit union or a service
3846 corporation, except that the total investment in all such
3847 corporate obligations shall not exceed 10 percent of the capital
3848 of the credit union.
3849 (b) Any capital participation instrument or evidence of
3850 indebtedness issued by Enterprise Florida, Inc., pursuant to the

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3851 Florida Small and Minority Business Assistance Act.
3852 Section 156. Paragraph (f) of subsection (4) of section
3853 658.67, Florida Statutes, is amended to read:
3854 658.67 Investment powers and limitations.—A bank may
3855 invest its funds, and a trust company may invest its corpo rate
3856 funds, subject to the following definitions, restrictions, and
3857 limitations:
3858 (4) INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR
3859 LESS OF CAPITAL ACCOUNTS.—
3860 (f) Up to 10 percent of the capital accounts of a bank or
3861 trust company may be invested in any capital participation
3862 instrument or evidence of indebtedness issued by Enterprise
3863 Florida, Inc., pursuant to the Florida Small and Minority
3864 Business Assistance Act.
3865 Section 157. Paragraphs (f) through (l) of subsection (2)
3866 of section 1004.015, Florida Statutes, are redesignated as
3867 paragraphs (e) through (k), respectively, and present paragraph
3868 (e) of subsection (2) of that section is amended, to read:
3869 1004.015 Florida Talent Development Council.—
3870 (2) Members of the council shall include:
3871 (e) The president of Enterprise Florida, Inc.
3872 Section 158. Paragraph (d) of subsection (5) of section
3873 1004.65, Florida Statutes, is amended to read:
3874 1004.65 Florida College System institutions; governance,
3875 mission, and responsibilities.—

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3876 (5) The primary mission and responsibility of Florida
3877 College System institutions is responding to community needs for
3878 postsecondary academic education and career degree education.
3879 This mission and responsibility includes being responsible for:
3880 (d) Promoting economic development for the state within
3881 each Florida College System institution district through the
3882 provision of special programs, including, but not limited to,
3883 the:
3884 1. Enterprise Florida-related programs.
3885 1.2. Technology transfer centers.
3886 2.3. Economic development centers.
3887 3.4. Workforce literacy programs.
3888 Section 159. Paragraph (b) of subsection (10) of section
3889 1004.78, Florida Statutes, is amended to read:
3890 1004.78 Technology transfer centers at Florida College
3891 System institutions.—
3892 (10) The State Board of Education may award grants to
3893 Florida College System institutions, or consortia of public and
3894 private colleges and universities and other public and private
3895 entities, for the purpose of supporting the objectives of this
3896 section. Grants awarded pursuant to this subsection shall be in
3897 accordance with rules of the State Board of Education. Such
3898 rules shall include the following provisions:
3899 (b) Grants to centers funded with state revenues
3900 appropriated specifically for technology transfer activi ties

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3901 shall be reviewed and approved by the State Board of Education
3902 using proposal solicitation, evaluation, and selection
3903 procedures established by the state board in consultation with
3904 the Department of Economic Opportunity Enterprise Florida, Inc.
3905 Such procedures may include designation of specific areas or
3906 applications of technology as priorities for the receipt of
3907 funding.
3908 Section 160. Subsection (4) of section 1011.76, Florida
3909 Statutes, is amended to read:
3910 1011.76 Small School District Stabilization Program.—
3911 (4) The Department of Education may award the school
3912 district a stabilization grant intended to protect the district
3913 from continued financial reductions. The amount of the grant
3914 will be determined by the Department of Education and may be
3915 equivalent to the amount of the decline in revenues projected
3916 for the next fiscal year. In addition, the Department of
3917 Economic Opportunity may implement a rural economic development
3918 initiative to identify the economic factors that are negatively
3919 impacting the community and may consult with Enterprise Florida,
3920 Inc., in developing a plan to assist the county with its
3921 economic transition. The grant will be available to the school
3922 district for a period of up to 5 years to the extent that
3923 funding is provided for such purpose in the General
3924 Appropriations Act.
3925 Section 161. Subsection (1) of section 1011.94, Florida

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hb0005-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 5 2023

3926 Statutes, is amended to read:
3927 1011.94 University Major Gifts Program.—
3928 (1) There is established a University Major Gifts Program.
3929 The purpose of the program is to enable each university to
3930 provide donors with an incentive in the form of matching grants
3931 for donations for the establishment of permanent endowments and
3932 sales tax exemption matching funds received pursuant to s.
3933 212.08(5)(i) s. 212.08(5)(j), which must be invested, with the
3934 proceeds of the investment used to support libraries and
3935 instruction and research programs, as defined by the Board of
3936 Governors.
3937 Section 162. This act shall take effect July 1, 2023.

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CODING: Words stricken are deletions; words underlined are additions.
hb0005-00
Commerce Committee
HB 5 by Rep. Esposito
Economic Programs

AMENDMENT SUMMARY
March 17, 2023

Amendment 1 by Rep. Esposito (between lines 2440-2441 with title amendment):

• Corrects cross references by adding two sections to the bill that replace
language referring to Enterprise Florida, Inc., with language referring to the
Department of Economic Opportunity.

Amendment 2 by Rep. Esposito (lines 2565-2566):

• Corrects a cross reference by replacing language referring to Enterprise Florida,
Inc., with language referring to the Department of Economic Opportunity.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Esposito offered the following:
3
4 Amendment (with title amendment)
5 Between lines 2440 and 2441, insert:
6 Section 70. Section 288.122, Florida Statutes, is amended
7 to read:
8 288.122 Tourism Promotional Trust Fund.—There is created
9 within the department the Tourism Promotional Trust Fund. Moneys
10 deposited in the Tourism Promotional Trust Fund shall only be
11 used to support the authorized activities and operations and the
12 tourism promotion and marketing activities, services, functions,
13 and programs administered by the department Enterprise Florida,
14 Inc., through a contract with the direct-support organization
15 created under s. 288.1226.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

16 Section 71. Subsections (2), (3), and (4), paragraphs (a),
17 (c), (g), (h), (i), and (k) of subsection (5), and subsections
18 (7) and (8) of section 288.1226, Florida Statutes, are amended
19 to read:
20 288.1226 Florida Tourism Industry Marketing Corporation;
21 use of property; board of directors; duties; audit. —
22 (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
23 Corporation is a direct-support organization of the department
24 Enterprise Florida, Inc.
25 (a) The Florida Tourism Industry Marketing Corporation is
26 a corporation not for profit, as defined in s. 501(c)(6) of the
27 Internal Revenue Code of 1986, as amended, that is incorporated
28 under the provisions of chapter 617 and approved by the
29 Department of State.
30 (b) The corporation is organized and operated exclusively
31 to request, receive, hold, invest, and administer property and
32 to manage and make expenditures for the operation of the
33 activities, services, functions, and programs of this state
34 which relate to the statewide, national, and international
35 promotion and marketing of tourism.
36 (c)1. The corporation is not an agency for the purposes of
37 chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
38 relating to leasing of buildings; ss. 283.33 and 283.35,
39 relating to bids for printing; s. 215.31; and parts I, II, and
40 IV-VIII of chapter 112. However, the corporation shall comply
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

41 with the per diem and travel expense provisions of s. 112.061.
42 2. It is not a violation of s. 112.3143(2) or (4) for the
43 officers or members of the board of directors of the corporation
44 to:
45 a. Vote on the 4-year marketing plan required under s.
46 288.923 or vote on any individual component of or amendment to
47 the plan.
48 b. Participate in the establishment or calculation of
49 payments related to the private match requirements of subsection
50 (6). The officer or member must file an annual disclosure
51 describing the nature of his or her interests or the interests
52 of his or her principals, including corporate parents and
53 subsidiaries of his or her principal, in the private match
54 requirements. This annual disclosure requirement satisfies the
55 disclosure requirement of s. 112.3143(4). This disclosure must
56 be placed on the corporation's website or included in the
57 minutes of each meeting of the corporation's board of directors
58 at which the private match requirements are discussed or voted
59 upon.
60 (d) The corporation is subject to the provisions of
61 chapter 119, relating to public meetings, and those provisions
62 of chapter 286 relating to public meetings and records.
63 (3) USE OF PROPERTY.—The department Enterprise Florida,
64 Inc.:
65 (a) Is authorized to permit the use of property and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

66 facilities of the department Enterprise Florida, Inc., by the
67 corporation, subject to the provisions of this section.
68 (b) Shall prescribe conditions with which the corporation
69 must comply in order to use property and facilities of the
70 department Enterprise Florida, Inc. Such conditions shall
71 provide for budget and audit review and for oversight by the
72 department Enterprise Florida, Inc.
73 (c) May not permit the use of property and facilities of
74 the department Enterprise Florida, Inc., if the corporation does
75 not provide equal employment opportunities to all persons,
76 regardless of race, color, national origin, sex, age, or
77 religion.
78 (4) BOARD OF DIRECTORS.—The board of directors of the
79 corporation shall be composed of 31 tourism-industry-related
80 members, appointed by Enterprise Florida, Inc., in conjunction
81 with the department. Board members shall serve without
82 compensation, but are entitled to receive reimbursement for per
83 diem and travel expenses pursuant to s. 112.061. Such expenses
84 must be paid out of funds of the corporation.
85 (a) The board shall consist of 16 members, appointed in
86 such a manner as to equitably represent all geographic areas of
87 the state, with no fewer than two members from any of the
88 following regions:
89 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
90 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

91 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
92 2. Region 2, composed of Alachua, Baker, Bradford, Clay,
93 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
94 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
95 Taylor, and Union Counties.
96 3. Region 3, composed of Brevard, Indian River, Lake,
97 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
98 Volusia Counties.
99 4. Region 4, composed of Citrus, Hernando, Hillsborough,
100 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
101 5. Region 5, composed of Charlotte, Collier, DeSoto,
102 Glades, Hardee, Hendry, Highlands, and Lee Counties.
103 6. Region 6, composed of Broward, Martin, Miami-Dade,
104 Monroe, and Palm Beach Counties.
105 (b) The 15 additional tourism-industry-related members
106 shall include 1 representative from the statewide rental car
107 industry; 7 representatives from tourist-related statewide
108 associations, including those that represent hotels,
109 campgrounds, county destination marketing organizations,
110 museums, restaurants, retail, and attractions; 3 repres entatives
111 from county destination marketing organizations; 1
112 representative from the cruise industry; 1 representative from
113 an automobile and travel services membership organization that
114 has at least 2.8 million members in Florida; 1 representative
115 from the airline industry; and 1 representative from the space
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

116 tourism industry, who will each serve for a term of 2 years.
117 (5) POWERS AND DUTIES.—The corporation, in the performance
118 of its duties:
119 (a) May make and enter into contracts and assume such
120 other functions as are necessary to carry out the provisions of
121 the 4-year marketing plan required by s. 288.923, and the
122 corporation's contract with the department Enterprise Florida,
123 Inc., which are not inconsistent with this or any other
124 provision of law. A proposed contract with a total cost of
125 $750,000 or more is subject to the notice and review procedures
126 of s. 216.177. If the chair and vice chair of the Legislative
127 Budget Commission, or the President of the Senate and the
128 Speaker of the House of Representatives, timely advise the
129 corporation in writing that such proposed contract is contrary
130 to legislative policy and intent, the corporation may not
131 execute such proposed contract. The corporation may not enter
132 into multiple related contracts to avoid the requirements of
133 this paragraph.
134 (c) May establish a cooperative marketing program with
135 other public and private entities which allows the use of the
136 VISIT Florida logo in tourism promotion campaigns which meet the
137 standards of the department Enterprise Florida, Inc., for which
138 the corporation may charge a reasonable fee.
139 (g) Shall hire and establish salaries and personnel and
140 employee benefit programs for such permanent and temporary
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

141 employees as are necessary to carry out the provisions of the 4 -
142 year marketing plan and the corporation's contract with the
143 department Enterprise Florida, Inc., which are not inconsistent
144 with this or any other provision of law. However, an employee
145 may not receive public compensation for employment that exceeds
146 the salary and benefits authorized to be paid to the Governor.
147 Any public payments of performance bonuses or severance pay to
148 employees of the corporation are prohibited unless specifically
149 authorized by law.
150 (h) May adopt, change, amend, and repeal bylaws, not
151 inconsistent with law or its articles of incorporation, for the
152 administration of the provisions of the 4-year marketing plan
153 and the corporation's contract with the department Enterprise
154 Florida, Inc.
155 (i) May conduct its affairs, carry on its operations, a nd
156 have offices and exercise the powers granted by this act in any
157 state, territory, district, or possession of the United States
158 or any foreign country. Where feasible, appropriate, and
159 recommended by the 4-year marketing plan developed by the
160 Division of Tourism Marketing Promotion of the department
161 Enterprise Florida, Inc., the corporation may collocate the
162 programs of foreign tourism offices in cooperation with any
163 foreign office operated by any agency of this state.
164 (k) May request or accept any grant, payment, or gift, of
165 funds or property made by this state or by the United States or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

166 any department or agency thereof or by any individual, firm,
167 corporation, municipality, county, or organization for any or
168 all of the purposes of the 4-year marketing plan and the
169 corporation's contract with the department Enterprise Florida,
170 Inc., that are not inconsistent with this or any other provision
171 of law. Such funds shall be deposited in a bank account
172 established by the corporation's board of directors. The
173 corporation may expend such funds in accordance with the terms
174 and conditions of any such grant, payment, or gift, in the
175 pursuit of its administration or in support of the programs it
176 administers. The corporation shall separately account for the
177 public funds and the private funds deposited into the
178 corporation's bank account.
179 (7) ANNUAL AUDIT.—The corporation shall provide for an
180 annual financial audit in accordance with s. 215.981. The annual
181 audit report shall be submitted to the Auditor General; the
182 Office of Program Policy Analysis and Government Accountability;
183 Enterprise Florida, Inc.; and the department for review. The
184 Office of Program Policy Analysis and Government Accountability;
185 Enterprise Florida, Inc.; the department; and the Auditor
186 General have the authority to require and receive from the
187 corporation or from its independent auditor any detail or
188 supplemental data relative to the operation of the corporation.
189 The department shall annually certify whether the corporation is
190 operating in a manner and achieving the objectives that are
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

191 consistent with the policies and goals of the department
192 Enterprise Florida, Inc., and its long-range marketing plan. The
193 identity of a donor or prospective donor to the corporation who
194 desires to remain anonymous and all information identifying such
195 donor or prospective donor are confidential and exempt from the
196 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
197 Constitution. Such anonymity shall be maintained in the
198 auditor's report.
199 (8) REPORT.—The corporation shall provide to the
200 department a quarterly report that to Enterprise Florida, Inc.,
201 which shall:
202 (a) Measures Measure the current vitality of the visitor
203 industry of this state as compared to the vitality of such
204 industry for the year to date and for comparable quarters of
205 past years. Indicators of vitality shall be determined by the
206 department Enterprise Florida, Inc., and shall include, but not
207 be limited to, estimated visitor count and party size, length of
208 stay, average expenditure per party, and visitor origin and
209 destination.
210 (b) Provides Provide detailed, unaudited financial
211 statements of sources and uses of public and private funds.
212 (c) Measures Measure progress towards annual goals and
213 objectives set forth in the 4-year marketing plan.
214 (d) Reviews Review all pertinent research findings.
215 (e) Provides Provide other measures of accountability as
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.1

216 requested by the department Enterprise Florida, Inc.
217
218 The corporation must take all steps necessary to provide all
219 data that is used to develop the report, including source data,
220 to the Office of Economic and Demographic Research.
221
222 -----------------------------------------------------
223 T I T L E A M E N D M E N T
224 Remove line 66 and insert:
225 respectively; amending ss. 288.122 and 288.1226, F.S.;
226 conforming provisions to changes made by the act;
227 amending s. 288.12265, F.S.;

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 5 (2023)
Amendment No.2

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Esposito offered the following:
3
4 Amendment
5 Remove lines 2565-2566 and insert:
6 Policies shall be reviewed and approved by the department
7 Enterprise Florida, Inc., prior to final adoption by the board.

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Page 1 of 1
HB 489
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 489 Professional Licensing Requirements for Barbers and Cosmetologists
SPONSOR(S): Chambliss and others
TIED BILLS: IDEN./SIM. BILLS: SB 1028

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development 11 Y, 0 N Wright Anstead
Subcommittee

2) Commerce Committee Wright Hamon

SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) regulates and licenses several Florida
professions, including barbers and cosmetologists. In 2019, the Legislature created a time-limited review
process for considering the criminal history of applicants for licensure as a barber or cosmetologist. Under s.
455.213(3)(b)1., F.S., the Barbers’ Board and Board of Cosmetology may only deny an application for
licensure on the basis of an applicant’s criminal history for:
 A conviction for a crime that occurred within five years of the date of the receipt of an application for
licensure, or
 A criminal history record that includes a forcible felony or crime that would require a person, upon
conviction, to register as a sexual predator, if such crime relates to the practice of the applicable
profession.

The bill reduces the time frame to look back at and use a criminal conviction as grounds to deny an application
for licensure as a barber or cosmetologist from five years to three years.

The bill allows a board to consider an applicant’s criminal history, regardless of when a conviction occurred if
the applicant was convicted of a crime at any time during the three-year period immediately preceding the
application. Boards may also continue to consider forcible felonies and crimes that require a person to register
as a sexual predator regardless of when they occurred if they relate to the practice of the profession as a
barber or cosmetologist.

The bill requires the Barbers’ Board and Board of Cosmetology to approve educational program credits
received from vocational training programs or industry certification programs offered to inmates in any
correctional institution or facility to satisfy training requirements for licensure as a barber or cosmetologist.

The bill does not have a fiscal impact on state or local governments.

The bill has an effective date of July 1, 2023.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Department of Business and Professional Regulation

The Department of Business and Professional Regulation (DBPR) has 12 divisions that regulate
several Florida professions and businesses.1 Chapter 455, F.S., applies to the regulation of professions
constituting “any activity, occupation, profession, or vocation regulated by DBPR in the Divisions of
Certified Public Accounting, Professions, Real Estate, and Regulation.” 2 Chapter 455, F.S., also
provides general DBPR powers and sets forth the procedural and administrative framework for all
professional DBPR boards.3

Barbers
The Barbers’ Board under DBPR governs the regulation and licensing of barbers and barbershops in
the state. A barber license is required to perform barbering services. 4 Barbering services include hair
services and limited skin care services when done for compensation, but not for medical purposes.5

To be eligible for a barber license, an applicant must: 6
 Be at least 16 years old,
 Complete the required training,
 Pass the written examination,
 Not have a disqualifying criminal record, and
 Pay an application fee.

Cosmetologists
The Board of Cosmetology under DBPR governs the licensing and regulation of cosmetologists, nail
specialists, facial specialists, full specialists, and related salons in the state. A cosmetology license or a
specialty registration is required to perform cosmetology services. Cosmetology services include hair
services, nail services, and skin care services when done for compensation, but not for medical
purposes.7

To be eligible for a cosmetology or specialty license, an applicant must:8
 Be at least 16 years old or have a high school diploma,
 Complete the required training,
 Pass the licensure examination (if applicable),
 Not have a disqualifying criminal record, and
 Pay an application fee.

Criminal History – Barbers and Cosmetologists

1 The divisions include: Administration; Alcoholic Beverages and Tobacco; Certified Public Accounting; Drugs, Devices, and Cosm etics;

Florida Condominiums, Timeshares, and Mobile Homes; Hotels and Restaurants; Pari -mutuel Wagering; Professions; Real Estate;
Regulation; Service Operations; and Technology. S. 20.165, F.S.
2 S. 455.01(6), F.S.
3 DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of Legal Affairs, by retai ning

private counsel, or by providing DBPR staff counsel. Ss. 455.203 and 455.221(1), F.S.
4 S. 476.144(1), F.S.
5 S. 476.034(2), F.S.
6 S. 476.114, F.S.
7 S. 477.013(4), F.S.
8 S. 477.019(2), F.S.

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In 2019, the Legislature created a time-limited review process for considering the criminal history of
applicants for specified professions, including barbers and cosmetologists. 9 Section 455.213(3)(b)1.,
F.S., provides the Barbers’ Board and Board of Cosmetology may only deny an application for licensure
on the basis of an applicant’s criminal history for:
 A conviction10 for a crime that occurred within five years of the date of the receipt of an
application for licensure, or
 A criminal history record that includes a forcible felony or a crime that would require a person,
upon conviction, to register as a sexual predator, if such crime relates to the practice of the
applicable profession.

Sexual Predators

A person is a sexual predator in Florida if he or she:
 Was convicted of a qualifying offense committed on or after October 1, 1993; and
 Has not received a pardon or otherwise had the conviction set aside for the qualifying offense.

Qualifying convictions for sexual predator designation include:
 Capital, life, or first degree felony kidnapping or false imprisonment, when the victim is a minor
and there is a sexual component to the crime;11
 Capital, life, or first degree felony sexual battery;12
 Capital, life, or first degree felony lewd or lascivious battery or molestation; 13
 Capital, life, or first degree felony selling or buying minors to engage in sexually explicit
conduct;14
 An offense that would require registration as a sexual offender, other than transmission of child
pornography by electronic device or transmission of material harmful to minors, by a person with
a prior conviction for a sexual offense;15 or
 A conviction for a similar offense committed in another jurisdiction.16

The court must make written findings designating a person who meets the criteria as a sexual
predator.17

Forcible Felonies

Section 776.08, F.S., defines a forcible felony as any of the following crimes:
 Treason;
 Murder;
 Manslaughter;
 Sexual battery;
 Carjacking;
 Home-invasion robbery;
 Robbery;
 Burglary;
 Arson;
 Kidnapping;
 Aggravated assault;
 Aggravated battery;
 Aggravated stalking;

9 Ch. 2019-167, Laws of Fla.
10 For purpose of licensing, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether

adjudication is withheld. S. 455.213(3)(b)1., F.S.
11 Ss. 787.01 and 787.02, F.S.; Raines v. State, 805 So.2d 999 (Fla. 4th DCA 2001).
12 S. 794.011, F.S.
13 S. 800.04, F.S.
14 S. 847.0145, F.S.
15 S. 775.21(4)(a)1.b., F.S.
16 S. 775.21(4), F.S.
17 Ss. 775.21(4)(c) and 775.21(5), F.S.

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 Aircraft piracy;
 Unlawful throwing, placing, or discharging of a destructive device or bomb; and
 Any other felony that involves the use or threat of physical force or violence against any
individual.

Vocational Training in Correctional Facilities

The Florida Department of Corrections Bureau of Education partners with state colleges, technical
colleges, and community education organizations to provide vocational training in 37 trades to
incarcerated inmates.18 Included in these vocational programs are barbering programs at Blackwater
River Correctional Facility,19 Graceville Correctional Facility,20 and Lake City Correctional Facility,21 as
well as cosmetology programs at Lowell Correctional Institution, 22 Homestead Correctional Institution,23
and Gadsden Correctional Facility.24

Effect of Proposed Changes

Criminal History – Barbers and Cosmetologists

The bill amends s. 455.213, F.S., to reduce the time frame, from five years to three years, that an
applicable board may look back at and use a criminal conviction as grounds to deny an application for
licensure as a barber or cosmetologist.25

The bill provides the applicable board may consider an applicant’s criminal history, regardless of when
a conviction occurred if, at any time during the three-year period immediately preceding the application,
the applicant was convicted of a crime. Boards may also continue to consider forcible felonies and
crimes that require a person to register as a sexual predator regardless of when they occurred if they
relate to the practice of the profession as a barber or cosmetologist.

Vocational Training in Correctional Facilities

The bill provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 455.213, F.S., relating to general licensing provisions.
Section 2: Provides an effective date of July 1, 2023.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

18
Florida Department of Corrections, Bureau of Education, http://www.dc.state.fl.us/development/programs.html (last visited Feb. 15,
2023).
19 Florida Department of Corrections, Blackwater River Correctional Facility, http://www.dc.state.fl.us/ci/185.html (last visited Feb. 15,

2023).
20 Florida Department of Corrections, Graceville Correctional Facility, http://www.dc.state.fl.us/ci/159.html (last visited Feb. 15, 2023).
21 Florida Department of Corrections, Lake City Correctional Facility, http://www.dc.state.fl.us/ci/219.html (last visited Feb. 15, 2023).
22 Florida Department of Corrections, Lowell Correctional Institution, http://www.dc.state.fl.us/ci/314.html (last visited Feb. 15, 2023).
23 Florida Department of Corrections, Homestead Correctional Institution, http://www.dc.state.fl.us/ci/419.html (last visited Feb. 15,

2023).
24 Florida Department of Corrections, Gadsden Correctional Facility, http://www.dc.state.fl.us/ci/111.html (last visited Feb. 15, 2023).
25 For purposes of calculating the recidivism rate for inmates released from custody, the Florida Department of Corrections uses the

definition of “recidivism” in s. 945.041(2), F.S., which means an inmate’s rearrest, reconviction, reincarceration, or probat ion revocation
within a three-year time period following the inmate’s release from incarceration.
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1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more people to become licensed as barbers or cosmetologists by reducing
disqualifications to licensure.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 489 2023

1 A bill to be entitled
2 An act relating to professional licensing requirements
3 for barbers and cosmetologists; amending s. 455.213,
4 F.S.; providing a period of time when a conviction, or
5 any other adjudication, for a crime may not be grounds
6 for denial of licensure as a barber or cosmetologist;
7 providing an exception; requiring the applicable board
8 to approve certain educational program credits offered
9 to inmates in certain institutions or facilities for
10 purposes of satisfying training requirements for
11 licensure as a barber or cosmetologist; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (b) of subsection (3) of section
17 455.213, Florida Statutes, is amended, paragraph (f) is added to
18 that subsection, and paragraph (a) of that subsection is
19 republished, to read:
20 455.213 General licensing provisions.—
21 (3)(a) Notwithstanding any other law, the applicable board
22 shall use the process in this subsection for review of an
23 applicant's criminal record to determine his or her eligibility
24 for licensure as:
25 1. A barber under chapter 476;

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 489 2023

26 2. A cosmetologist or cosmetology specialist under chapter
27 477;
28 3. Any of the following construction professions under
29 chapter 489:
30 a. Air-conditioning contractor;
31 b. Electrical contractor;
32 c. Mechanical contractor;
33 d. Plumbing contractor;
34 e. Pollutant storage systems contractor;
35 f. Roofing contractor;
36 g. Sheet metal contractor;
37 h. Solar contractor;
38 i. Swimming pool and spa contractor;
39 j. Underground utility and excavation contractor; or
40 k. Other specialty contractors; or
41 4. Any other profession for which the department issues a
42 license, provided the profession is offered to inmates in any
43 correctional institution or correctional facility as vocational
44 training or through an industry certification program.
45 (b)1. A conviction, or any other adjudication, for a crime
46 more than 3 years before the date the application is received by
47 the applicable board may not be grounds for denial of a license
48 specified in subparagraph (a)1. or subparagraph (a)2., unless
49 the applicant was convicted of a crime at any time during the 3 -
50 year period immediately preceding the application. A conviction,

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 489 2023

51 or any other adjudication, for a crime more than 5 years before
52 the date the application is received by the applicable board may
53 not be grounds for denial of a license specified in subparagraph
54 (a)3. or subparagraph (a)4. paragraph (a). For purposes of this
55 paragraph, the term "conviction" means a determination of guilt
56 that is the result of a plea or trial, regardless of whether
57 adjudication is withheld. This paragraph does not limit the
58 applicable board from considering an applicant's crimin al
59 history that includes a crime listed in s. 775.21(4)(a)1. or s.
60 776.08 at any time, but only if such criminal history has been
61 found to relate to the practice of the applicable profession.
62 2. The applicable board may consider the criminal history
63 of an applicant for licensure under subparagraph (a)3. if such
64 criminal history has been found to relate to good moral
65 character.
66 (f) The applicable board shall approve educational program
67 credits offered to inmates in any correctional institution or
68 correctional facility as vocational training or through an
69 industry certification program for purposes of satisfying
70 applicable training requirements for licensure in a profession
71 under subparagraph (a)1. or subparagraph (a)2.
72 Section 2. This act shall take effect July 1, 2023.

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hb0489-00
HB 719
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 719 Practice of Veterinary Medicine
SPONSOR(S): Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 722

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development 13 Y, 0 N Thompson Anstead
Subcommittee

2) Commerce Committee Thompson Hamon

SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act).

The purpose of the practice act is to ensure that every veterinarian practicing in this state meets minimum
requirements for safe practice to protect public health and safety. The practice act provides requirements for
licensure by examination, licensure of qualified out-of-state veterinarians by endorsement, premises permitting,
prohibitions and penalties, and grounds for disciplinary action by the Board.

According to reports, a recent increase in household pet ownership has contributed to a shortage of
veterinarians in the U.S.

The bill allows out-of-state veterinarians to perform dog or cat sterilization services, and routine preventative
health services at the time of sterilization, under certain circumstances. Specifically, the bill exempts from the
practice act veterinarians who:
 Hold an active license to practice veterinary medicine in another jurisdiction in the U.S.;
 Are in good standing in such jurisdiction; and
 Perform dog or cat sterilization services or routine preventative health services at the time of
sterilization as an unpaid volunteer under responsible supervision of a veterinarian licensed in this
state.

The bill specifies that the supervising licensed veterinarian is responsible for all acts performed under this
provision by an out-of-state veterinarian acting under her or his responsible supervision.

The bill provides that an out-of-state veterinarian practicing pursuant to this provision is not eligible to apply for
a premises permit.

The bill does not appear to have a fiscal impact on state or local government.

The bill provides an effective date of July 1, 2023.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Practice of Veterinary Medicine

The practice of veterinary medicine is regulated by the Department of Business and Professional
Regulation (DBPR) Board of Veterinary Medicine (Board).1 The Board administers and enforces the
provisions of ch. 474, F.S., relating to veterinary medical practice (practice act). The purpose of the
practice act is to ensure that every veterinarian practicing in this state meets minimum requirements for
safe practice to protect public health and safety.2

A veterinarian is a health practitioner licensed by the Board to engage in the practice of veterinary
medicine in Florida,3 which is the diagnosis of medical conditions of animals, and the prescribing or
administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease, or holding oneself out as performing any of these functions.4

Veterinary medicine includes, with respect to animals: 5
 Surgery;
 Acupuncture;
 Obstetrics;
 Dentistry;
 Physical therapy;
 Radiology;
 Theriogenology (reproductive medicine);6 and
 Other branches or specialties of veterinary medicine.

Licensure by Examination

To become a licensed veterinarian, an applicant must:
 Graduate from a college of veterinary medicine accredited by the American Veterinary Medical
Association Council on Education (AVMAE); or from a college of veterinary medicine listed in
the American Veterinary Medical Association Roster of Veterinary Colleges of the World
(AVMARVC) and obtain a certificate from the Education Commission for Foreign Veterinary
Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence
(PAVE);
 Successfully complete the North American Veterinary Licensing Examination (NAVLE), or an
examination determined by the board to be equivalent; and
 Successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida.7

Licensure by Endorsement

1 See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the Board.
2 S. 474.201, F.S.
3 See s. 474.202(11), F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of

any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. Section 474.202(1), F.S., which defines “animal” as “any mammal other than a human being or any bird,

amphibian, fish, or reptile, wild or domestic, living or dead.”
6 The Society for Theriogenology, established in 1954, is composed of veterinarians dedicated to standards of excellence in animal

reproduction. See https://www.therio.org/page/HistoryTheriogenolog (last visited Feb. 25, 2023).
7 R. 61G18-11.002, F.A.C.
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A person who is licensed in another state or country is eligible for a license by endorsement in Florida if
they:8
 Successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida; and
 Either:
o Hold a valid license to practice veterinary medicine in another jurisdiction of the United
States for the three years immediately preceding the application for licensure, provided
that the requirements for licensure are equivalent to or more stringent than a Florida
license; or
o Have graduated from an AVMAE, or AVMARVC program with the required certificate,
and have successfully completed an examination which is equivalent to or more
stringent than the NAVLE.

DBPR may not issue a license by endorsement to any applicant who is under investigation in any state,
territory, or the District of Columbia for an act which would constitute a violation of the practice act until
the investigation is complete and disciplinary proceedings have been terminated. 9

Exemptions

The following entities are exempt from the practice act:10
 Veterinary aides, nurses, laboratory technicians, preceptors, 11 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision12 of a licensed veterinarian;
 Certain non-Florida licensed veterinarians who are consulting upon the request of a Florida-
licensed veterinarian;
 Faculty veterinarians when they have assigned teaching duties at accredited13 institutions;
 Certain graduate intern/resident veterinarians of accredited institutions;
 Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
 Certain doctors of veterinary medicine employed by a state agency or the U.S. Government;
 Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
 Certain entities or persons 14 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods or
techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.

Premises Permit

Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.15 Each person to whom a veterinary license or premises permit is issued must

8 S. 474.217(1), F.S.
9 S. 474.217(2), F.S.
10 See s. 474.203, F.S.
11 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinica l setting to

allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Feb. 25, 2023).
12 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor

of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
13 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical

Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
14 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schoo ls, institutions, foundations,

business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doc tors of
veterinary medicine, or persons under the direct supervision thereof . . . .”
15 S. 474.215(1), F.S.
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conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic. 16

Prohibitions and Penalties

The following licensure related activities are prohibited:17
 Leading the public to believe that a person is licensed to practice veterinary medicine, without
holding a valid, active license.
 Using the name or title “veterinarian” when the person has not been licensed.
 Using the license of another veterinarian.
 Giving false or forged evidence to the Board to obtain a license.
 Using or attempting to use a veterinarian’s license which has been suspended or revoked.
 Knowingly employing unlicensed persons in the practice of veterinary medicine.
 Knowingly concealing information relative to violations of the practice act.
 Obtaining a license to practice veterinary medicine by fraudulent representation.
 Practicing veterinary medicine without a license.
 Selling or offering to sell fake veterinary diplomas and licenses.
 Knowingly operating a veterinary establishment or premises without having a premises
permit.

Violations are a third degree felony, punishable by a maximum penalty of five years in prison,18 a
$5,000 fine19 and increased prison sentences 20 for habitual offenders.21

Grounds for Disciplinary Action by the Board

The following acts are some of the grounds for which the Board may take disciplinary action:
 Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which
directly relates to the practice of veterinary medicine, including animal cruelty and state or
federal drug laws.
 Violating any provision of the practice act or chapter 455, F.S., related to DBPR, a rule of the
Board or department, or a lawful order of the Board or department or subpoena of the
department.
 Being unable to practice safely due to illness, drunkenness, use of drugs, narcotics, chemicals,
or any other material or substance or as a result of any mental or physical condition.
 Judicially determined mental incompetency.
 Knowingly maintaining a professional connection or association with persons in violation.
 Performing or prescribing unnecessary or unauthorized treatment.
 Attempting to restrict competition.
 Fraud, deceit, negligence, incompetency, or misconduct.
 Permitting or allowing another to use a veterinarian’s license to treat animals.
 Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or
other blank form used in the practice of veterinary medicine relating to the presence or absence
of animal disease or transporting animals or issuing any false certificate relating to the sale of
products of animal origin for human consumption.
 Practicing at a location for which a valid premises permit has not been issued.
 Refusing to allow department inspections during regular business hours.
 Ordering, prescribing, or making available medicinal drugs or drugs 22 or controlled substances 23
for use other than for the specific treatment of animal patients for which there is a documented
veterinary client patient relationship (VCPR) and without:

16 S. 474.216, F.S.
17 S. 474.213, F.S.
18 S. 775.082, F.S.
19 S. 775.083, F.S.
20 S. 775.084, F.S.
21 S. 474.213(2), F.S.
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o Having sufficient knowledge of the animal to initiate at least a general or preliminary
diagnosis of the medical condition of the animal, which means that the veterinarian is
personally acquainted with the keeping and caring of the animal and has recently seen
the animal or has made medically appropriate and timely visits to the premises where
the animal is kept;
o Being available to provide for follow-up care and treatment in case of adverse reactions
or failure of the regimen of therapy; and
o Maintaining records which document patient visits, diagnosis, treatment, and other
relevant information required under the practice act.24
 Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as
defined in ch. 465, F.S., controlled substances as defined in ch. 893, F.S., or any material,
chemical, or substance used exclusively for animal treatment.
 Failing to report to the department any person the licensee knows to be in violation of the
practice act.
 Violating any of the requirements of chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C.
ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the
Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the
Comprehensive Drug Abuse Prevention and Control Act; or chapter 893, F.S.
 Prescribing or dispensing a legend drug as defined in chapter 499, F.S., including any
controlled substance, inappropriately or in excessive or inappropriate quantities.
 Practicing or offering to practice beyond the scope permitted by law.
 Knowingly delegating professional responsibilities to a person who is not qualified by training,
experience, or licensure to perform them.
 Presigning blank prescription forms.
 Failing to give the owner of a patient, before dispensing any drug, a written prescription when
requested.

When the board finds any applicant or veterinarian guilty of the grounds for disciplinary action, it may
enter an order imposing one or more of the following penalties:25
 Denial of certification for examination or licensure.
 Revocation or suspension of a license.
 Administrative fine up to $5,000 for each offense.
 Issuance of a reprimand.
 Probation, including continuing education or work under the supervision of another veterinarian.
 Restricting the authorized scope of practice.
 Imposition of costs of the investigation and prosecution.
 Remedial education.

Limited Service Practice

A “limited-service veterinary medical practice” means offering or providing limited types of veterinary
services for a limited time at any location that has a primary purpose other than providing veterinary
medical service at a permanent or mobile establishment. Such practice must provide veterinary medical
services for privately owned animals that do not reside at that location. 26 Such practice must obtain a
permit and must register each location where a limited service clinic is held. A licensed veterinarian
must supervise the limited practice.27

22 S. 465.003(8), F.S.
23 S. 893.02(4), F.S.
24 S. 474.214(1)(y)., F.S.
25 S. 474.214(2), F.S.
26 S. 474.202(6), F.S.
27 S. 474.215(7)-(8), F.S.
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The board establishes minimum standards for the operation of limited service veterinary medical
practices.28 The board has authorized by rule such practices to perform microchipping, 29 vaccinations,
immunizations, and parasitic control.30

Medical Records

Veterinarians are prohibited from discussing a patient’s medical condition with anyone except the client,
except for a few exceptions, such as upon the issuance of a subpoena and for research. Section
474.2165(4), F.S., prohibits veterinary patient medical records from being furnished to any person other
than the client, the client’s legal representative or other veterinarians involved in the care or treatment
of the patient, except in certain circumstances. This also applies to discussing the medical condition of
a patient, which may include information from a microchip implant. 31

Immediate Supervision

The practice act defines “immediate supervision” to mean that a “licensed doctor of veterinary medicine
is on the premises whenever veterinary services are being provided.”32

Veterinary tasks requiring immediate supervision include: 33
 Administering anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician,
intern, or other employee of a licensed veterinarian.
 Administering certain vaccinations by a veterinary aide, nurse, technician, intern or other
employee of a licensed veterinarian which is not specifically prohibited.

The following tasks may be performed without the licensed veterinarian on the premises: 34
 Administering medication and treatment, excluding vaccinations, as directed by the licensed
veterinarian; and
 Obtaining samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.

Current law provides that only a veterinarian may immunize or treat an animal for diseases that are
communicable to humans and that are of public health significance.35 The Board recognizes that the
following diseases are communicable to humans and are of public health significance, and that only a
veterinarian may immunize or treat an animal for these diseases: 36
 Brucellosis.
 Tuberculosis.
 Rabies.
 Equine Encephalomyelitis.

Sterilization of Dogs and Cats

28 S. 474.215(7), F.S.
29 A microchip is a small, electronic chip enclosed in a glass cylinder which is injected under the skin of a pet. When a chip is scanned,
it transmits the pet’s identification number, which is used in the manufacturer’s microchip registry to find the owner. American
Veterinary Medical Association, Microchipping of Animals FAQ, https://www.avma.org/microchipping-animals-faq (last visited Dec.
19, 2019).
30 R. 61G18-15.007(1), F.A.C.
31 S. 474.2165, F.S.
32 S. 4764.202(5), F.S.
33 R. 61G18-17.005, F.A.C.
34 Id.
35 S. 474.203(5)(a), F.S.
36 R. 61G18-17.006, F.A.C.
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According to the Humane Society of the United States, the average lifespan of sterilized dogs and cats
is longer than the lifespan of those not. A University of Georgia study, 37 based on the medical records
of more than 70,000 animal patients, found that the life expectancy of neutered male dogs was almost
14 percent longer and that of spayed female dogs was 26 percent longer. The average age of death of
intact dogs was eight years versus a significantly older nine years for altered dogs.38

According to the American Society for the Prevention of Cruelty to Animals (ASPCA), six million
companion animals enter U.S. animal shelters nationwide every year. Of those, approximately half are
dogs and the other half are cats. The ASPCA estimates that the number of dogs and cats entering U.S.
shelters annually has declined from approximately seven million in 2011. The biggest decline was in
dogs (from 3.9 million to 3.1 million).39

According to the American Veterinary Medical Association (AVMA), dogs and cats that are not intended
for breeding are routinely neutered via elective gonadectomy (spay or spaying for females; castration
for males; and neuter or neutering for males or for both sexes). 40

Gonadectomy achieves sterilization, thereby preventing reproduction, and removes the production
source of sexual hormones that may cause undesired mating behaviors in dogs and cats. This benefits
society by reducing overpopulation through non-lethal means and mitigating behaviors that may
damage the human-animal bond and contribute to abandonment and relinquishment to shelters and
other humane organizations.41

The Legislature has declared it to be the public policy of the state that every feasible means be used to
reduce the incidence of birth of unneeded and unwanted puppies and kittens. In furtherance of this
policy, employees, agents, or contractors of animal shelters, humane organizations, or animal control
agencies operated by a humane organization or by a county, municipality, or other incorporated
political subdivision are required to either:42
 Have all dogs and cats sterilized by a licensed veterinarian before relinquishing custody of the
animal; or
 Enter into a written agreement with the adopter or purchaser guaranteeing that sterilization will
be performed within 30 days or prior to sexual maturity.

Employees, agents, or contractors of animal shelters, humane organizations, or animal control
agencies operated by a humane organization or by a county, municipality, or other incorporated
political subdivision, may not perform microchipping procedures on cats and dogs unless they are a
veterinarian or a veterinarian is supervising the procedure. 43

Veterinarian Shortage

According to a survey conducted by the American Pet Products Association (APPA), 70 percent of U.S.
households, or about 90.5 million families, own a pet. This is an increase from 56 percent of U.S.
households in 1988, and 67 percent in 2019.44 As a result, experts say there is a shortage of

37 Jessica Hoffman, Kate Creevy, Daniel Promislow, Reproductive Capability Is Associated with Lifespan and Cause of Death in
Companion Dogs, (Apr. 17, 2013), Plos One, https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0061082 (last visited
Feb. 25, 2023).
38 Humane Society of the United States, Why you should spay/neuter your pet, https://www.humanesociety.org/resources/why-you-

should-spayneuter-your-pet (last visited Feb. 25, 2023).
39 American Society for the Prevention of Cruelty to Animals, Pet Statistics, https://www.aspca.org/helping-people-pets/shelter-

intake-and-surrender/pet-statistics (last visited Feb. 25, 2023).
40 American Veterinary Medical Association, Elective spaying and neutering of pets, https://www.avma.org/resources -tools/animal-

health-and-welfare/elective-spaying-and-neutering-pets (last visited Feb. 25, 2023).
41 Id.
42 S. 823.15, F.S.
43 Ss. 474.202(5), 823.15, F.S.
44 Insurance Information Institute, Facts + Statistics: Pet Ownership and Insurance, https://www.iii.org/fact-statistic/facts-statistics-

pet-ownership-and-insurance#:~:text=Seventy%20percent%20of%20U.S.%20households,and%2067%20percent%20in%202019. (last
visited Feb. 25, 2023).
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veterinarians in the U.S., which is expected to result in the need for approximately 15,000 veterinarians
by the year 2030.45

A study from Banfield Pet Hospital reveals an estimated 75 million pets in the U.S. may not have
access to the veterinary care they need by 2030, with an important factor being a critical shortage of
veterinarians.46

According to the Association of Veterinary Technician Educators, there also appears to be a shortage
of veterinary technicians. Despite only requiring two years of schooling or less in some states, half of
them leave the profession within five years.47

For Fiscal Year 2021-2022, there were 12,360 actively licensed veterinarians in Florida. 48

Effect of Proposed Changes

The bill provides that the practice act does not apply to a veterinarian who holds an active license to
practice veterinary medicine in another jurisdiction in the United States and is in good standing in such
jurisdiction and who performs dog or cat sterilization services or routine preventative health services at
the time of sterilization as an unpaid volunteer under responsible supervision of a veterinarian licensed
in this state.

The bill specifies that the supervising licensed veterinarian is responsible for all acts performed under
this provision by an out-of-state veterinarian acting under her or his responsible supervision.

The bill provides that an out-of-state veterinarian practicing pursuant to this provision is not eligible to
apply for a premises permit.

B. SECTION DIRECTORY:
Section 1: amends s. 474.203, F.S.; exempting certain out-of-state veterinarians who provide
specified services under the responsible supervision of a veterinarian licensed in this
state from certain regulations governing veterinary medical practice; providing that the
supervising licensed veterinarian is responsible for such services; specifying that such
out-of-state veterinarians are ineligible for a premises permit.

Section 2: provides an effective date of July 1, 2023.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

45 Spectrum News 13, Mobile ‘ElleVet’ clinic helps relieve veterinarian shortage,

https://www.mynews13.com/fl/orlando/news/2023/ 02/ 03/the-ellevet-project-
#:~:text=%E2%80%94%20Experts%20say%20there's%20a%20shortage,States%20may%20not%20get%20care . (last visited Feb. 25,
2023).
46 Banfield Pet Hospital, 75 million pets may not have access to veterinary care by 2030, New Banfield® study finds,

https://www.banfield.com/en/about-banfield/newsroom/press-releases/2020/75-million-pets-may-not-have-access-to-veterinary (last
visited Feb. 25, 2023).
47 CNN, Covid-19 pandemic magnifies work force crisis in veterinary field, https://www.cnn.com/2021/06/20/us/vet-tech-shortage-

burnout/index.html (last visited Feb. 25, 2023).
48 Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2021 -2022,

http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annu al%20Report%20FY%2021-22.pdf (last visited Feb. 25,
2023).
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2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce the uncontrolled breeding of dogs and cats in the state, the associated risks to the
health of humans and animals, and the expense to the community as a public nuisance and public
health hazard.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.

2. Other:
None

B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0719b.COM PAGE: 9
DATE: 3/15/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 719 2023

1 A bill to be entitled
2 An act relating to the practice of veterinary
3 medicine; amending s. 474.203, F.S.; exempting certain
4 out-of-state veterinarians who provide specified
5 services under the responsible supervision of a
6 veterinarian licensed in this state from certain
7 regulations governing veterinary medical practice;
8 providing that the supervising licensed veterinarian
9 is responsible for such services; specifying that such
10 out-of-state veterinarians are ineligible for a
11 premises permit; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (11) is added to section 474.203,
16 Florida Statutes, to read:
17 474.203 Exemptions.—This chapter does not apply to:
18 (11) A veterinarian who holds an active license to
19 practice veterinary medicine in another jurisdiction in the
20 United States and is in good standing in such jurisdiction and
21 who performs dog or cat sterilization services or routine
22 preventative health services at the time of sterilization as an
23 unpaid volunteer under the responsible supervision, as defined
24 in s. 474.202, of a veterinarian licensed in this state. The
25 supervising licensed veterinarian is responsible for all acts

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 719 2023

26 performed under this subsection by an out-of-state veterinarian
27 acting under her or his responsible supervision. An out -of-state
28 veterinarian practicing pursuant to this subsection is not
29 eligible to apply for a premises permit under s. 474.215.
30
31 For the purposes of chapters 465 and 893, persons exempt
32 pursuant to subsection (1), subsection (2), or subsection (4)
33 are deemed to be duly licensed practitioners authorized by the
34 laws of this state to prescribe drugs or medicinal supplies.
35 Section 2. This act shall take effect July 1, 2023.

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Original: No public link identified.