Meeting Packet — Florida House Commerce Committee (March 24, 2025)
Summary
A meeting packet for the Florida House of Representatives Commerce Committee, meeting Monday, March 24, 2025 in Webster Hall. The agenda lists HB 299 Elevator Accessibility Requirements by Woodson, CS/HB 515 Uniform Commercial Code by Civil Justice & Claims Subcommittee, Gentry, and HB 1427 Rural Communities by Griffitts, Abbott. The HB 299 bill analysis says the bill specifies that only one interior support rail in an elevator must be continuous and at least 42 inches long. The CS/HB 515 analysis says the bill creates ch. 669 to incorporate newly-promulgated Article 12 of the Model Uniform Commercial Code. The packet closes with the text of HB 1427, whose Section 88 provides that the act shall take effect July 1, 2025.
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“Meeting Packet — Florida House Commerce Committee (March 24, 2025).”
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Commerce Committee
Monday, March 24, 2025
4:00 PM - 6:00 PM
Webster Hall (212 Knott)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
The Florida House of Representatives
Commerce Committee
Daniel Perez James Buchanan
Speaker Chair
Meeting Agenda
Monday, March 24, 2025
4:00 pm – 6:00 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 299 Elevator Accessibility Requirements by Woodson
• CS/HB 515 Uniform Commercial Code by Civil Justice & Claims Subcommittee,
Gentry
• HB 1427 Rural Communities by Griffitts, Abbott
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 299
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 299 COMPANION BILL: SB 960 (Bernard)
TITLE: Elevator Accessibility Requirements LINKED BILLS: None
SPONSOR(S): Woodson RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill specifies that only one interior support rail in an elevator must be continuous and at least 42 inches long,
instead of requiring all interior support rails in an elevator to meet these requirements.
Fiscal or Economic Impact:
The bill may result in more interior support rails in elevators, which could reduce injuries.
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ANALYSIS
EFFECT OF THE BILL:
The bill specifies that only one interior support rail in an elevator must be continuous and at least 42 inches long,
instead of requiring all interior support rails in an elevator to meet these requirements. (Section 1)
Interior support rails will still have to meet the other current law requirements regardless if they are 42 inches
long and continuous.
The bill provides an effective date of July 1, 2025. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Elevator Regulation
The Elevator Safety Act, located in ch. 399, F.S., establishes the minimum standards for elevator personnel in order
“to provide for the safety of life and limb and to promote public safety awareness”.1 The Elevator Safety Act broadly
defines the term “elevator” to include:2
Hoisting Mechanical Devices;
Escalators;
Dumbwaiters;
Moving Walks;
Inclined Stairway Chairlifts; and
Inclined or Vertical Wheelchair Lifts.
1 S. 399.001, F.S.
2 S. 399.01(6), F.S.
STORAGE NAME: h0299b.COM
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The Division of Hotels and Restaurants (Division) within the Department of Business and Professional Regulation
has both rulemaking and enforcement authority under ch. 399, F.S. The Division is also responsible for issuing
elevator permits and certificates of operation for companies or individuals to install, service or inspect elevators.3
The Elevator Safety Act prohibits an elevator from being “erected, constructed, installed or altered” until a permit
is issued from DBPR. The Act further requires each elevator to have a certificate of operation from the DBPR
before being operated.4
Interior Support Rails
The Elevator Safety Act requires every elevator, except elevators in private residences, to have at least one support
rail to assist persons with physical handicaps.5
Support rails must be continuous and have a minimum length of 42 inches. Support rails must also be:6
Smooth and have no sharp edges;
Not more than 1.5 inches thick or 2.5 inches in diameter;
Between 31-33 inches off the ground; and
1.5 inches from the elevator’s wall.
Currently, the Americans with Disabilities Act (ADA) does not require handrails in elevators. If handrails are
provided in an elevator, they are not required to comply with the ADA’s requirements for handrails.7
OTHER RESOURCES:
U.S. Access Board: Guide to the ADA Accessibility Standards
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 17 Y, 0 N 3/12/2025 Anstead Brackett
Subcommittee
Commerce Committee Hamon Brackett
3 S. 399.10, F.S.
4 S. 399.03(1) and (5), F.S.
5 Ss. 399.02, and 399.035, F.S.
6 S. 399.035, F.S.
7 U.S. Access Board, Guide to the ADA Accessibility Standards, https://www.access-board.gov/ada/guides/chapter-4-elevators-
and-platform-lifts/#are-handrails-required-in-elevator-cars (last visited March 21, 2025).
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2
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 299 2025
1 A bill to be entitled
2 An act relating to elevator accessibility
3 requirements; amending s. 399.035, F.S.; requiring
4 elevator car interiors to have at least one support
5 rail that meets certain specifications; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (b) of subsection (1) of section
11 399.035, Florida Statutes, is amended to read:
12 399.035 Elevator accessibility requirements for the
13 physically handicapped.—
14 (1) Each elevator, the installation of which is begun
15 after October 1, 1990, must be made accessible to physically
16 handicapped persons with the following requirements:
17 (b) Each elevator car interior must have a support rail on
18 at least one wall. All support rails must be smooth and have no
19 sharp edges and must not be more than 1 1/2 inches thick or 2
20 1/2 inches in diameter. At least one support rail Support rails
21 must be continuous and a minimum length of 42 inches overall.
22 The inside surface of support rails must be 1 1/2 inches clear
23 of the car wall. The distance from the top of the support rail
24 to the finished car floor must be at least 31 inches and not
25 more than 33 inches. Padded or tufted material or decorative
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb299-00
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 299 2025
26 materials such as wallpaper, vinyl, cloth, or the like may not
27 be used on support rails.
28 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb299-00
CS/HB 515
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 515 COMPANION BILL: CS/SB 1666 (Grall)
TITLE: Uniform Commercial Code LINKED BILLS: None
SPONSOR(S): Gentry RELATED BILLS: None
Committee References
Civil Justice & Claims Commerce Judiciary
18 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
CS/HB 515 creates ch. 669, F.S., within Florida’s Uniform Commercial Code, to incorporate newly-promulgated
Article 12 of the Model Uniform Commercial Code. In doing so, the bill provides updated rules for commercial
transactions involving virtual currencies, distributed ledger technologies, artificial intelligence, and other
technological developments and establishes a baseline framework allowing creditors to secure liens against digital
assets owned by debtors.
Fiscal or Economic Impact:
The bill may have an indeterminate economic impact on the private sector.
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ANALYSIS
EFFECT OF THE BILL:
The bill creates ch. 669, F.S., within Florida’s Uniform Commercial Code, to incorporate newly-promulgated Article
12 of the Model Uniform Commercial Code. In doing so, the bill provides updated rules for commercial transactions
involving virtual currencies, distributed ledger technologies, artificial intelligence, and other technological
developments and establishes a baseline framework allowing creditors to secure liens against digital assets owned
by debtors. (Sections 2, 3, 10, and 11)
Creation of Article 12: Controllable Electronic Records
The bill creates Part I of ch. 669, F.S., consisting of ss. 669.101-669.107, F.S., to govern general provisions relating
to controllable electronic records, defined below. (Sections 2 and 3) The bill also creates Part II of ch. 669, F.S.,
consisting of ss. 669.501-669.706, F.S., to establish transitional provisions relating to controllable electronic
records. Generally speaking, such provisions preserve and protect rights existing before the bill’s effective date and
clarify how the bill applies to existing rights after its effective date. (Sections 10 and 11)
Definitions
The bill creates s. 669.102, F.S., to define:
“Controllable electronic record” (“CER”) as a record in an electronic medium, subject to control under
newly-created s. 669.105, F.S. Under the bill, the term does not include a controllable account,1 a
controllable payment intangible,2 a deposit account,3 electronic chattel paper,4 an electronic document of
title,5 electronic money,6 investment property, or a transferrable record.7
1 The bill amends s. 679.1021, F.S., to define “controllable account” as an account evidenced by a CER that provides that the account debtor
undertakes to pay the person that controls the CER under s. 699.105, F.S. (Section 67)
2 The bill amends s. 679.1021, F.S., to define “controllable payment intangible” to mean a payment intangible evidenced by a CER that
provides that the account debtor undertakes to pay the person that controls the CER under s. 669.105, F.S. (Section 67)
STORAGE NAME: h0515b.COM
DATE: 3/21/2025
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“Qualifying purchaser” to mean a purchaser of a CER or an interest therein which obtains control of the
CER for value,8 in good faith, and without notice of a claim of a property right in the CER. (Section 4)
Governing Law
The bill creates s. 669.107, F.S., to provide that, generally, the local law of a CER’s jurisdiction governs a matter
covered by ch. 669, F.S. The bill also amends this section to specify the rules governing the determination of a CER’s
jurisdiction, which jurisdiction is generally the jurisdiction expressly provided for in the CER or a record attached
to or logically associated therewith. However, where no such provision is made, the bill provides alternative
methods, in descending order of priority, for establishing the CER’s jurisdiction, and provides that, where nothing
else applies, the laws of the District of Columbia govern. (Section 9)
Further, the bill creates s. 669.103, F.S., to provide that, if there is a conflict between Part I of ch. 669, F.S., and ch.
679, F.S. (pertaining to secured transactions), then ch. 679, F.S., governs. Under the bill, a transaction subject to
Part I of ch. 669, F.S., is also subject to any applicable rule of law establishing a different rule for consumers; any
other law or regulation that regulates the rates, charges, agreements, and practices for loans, credit sales, or other
extensions of credit; and ch. 501, F.S. (pertaining to consumer protection). (Section 5)
Rights in Controllable Electronic Records
The bill creates s. 669.104, F.S., to govern the acquisition and purchase of rights in a CER. Specifically, the bill
provides that:
A CER purchaser acquires all rights in the CER which the transferor had, or had power to transfer, except
that a purchaser of a limited interest in a CER acquires rights only to the extent of the interest purchased.
A qualifying purchaser acquires its rights in the CER free of a claim of a property right in such record.
A qualifying purchaser takes a right to payment, a right to performance, or other interest in property
evidenced by the CER subject to a claim of a property right in the right to payment, right to performance, or
other interest in property.
An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying
purchaser of a CER and a claim of a property right in another CER, regardless of whether the action is
framed in conversion,9 replevin,10 constructive trust,11 equitable lien,12 or other theory.
3 “Deposit account” means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include
investment property or accounts
4 The bill modifies the definition of “electronic chattel paper” in s. 679.1021, F.S., to “electronic money,” meaning money in an electronic
form. However, current law defines “electronic chattel paper” to mean chattel paper evidenced by a record or records consisting of
information stored in an electronic medium. “Chattel,” in turn, is a catch-all term associated with movable goods; it refers to all property
other than real property. S. 679.1021, F.S. (Section 67); Legal Information Institute, Chattel, https://www.law.cornell.edu/wex/chattel (last
visited Mar. 13, 2025).
5 “Electronic document of title” means a document of title evidenced by a record consisting of information stored in an electronic medium.
“Document of title,” in turn, means a record that, in the regular course of business or financing, is treated as adequate evidence that the
person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers.
S. 671.201(16), F.S.
6 The bill amends s. 679.1021, F.S., to define “electronic money” as money in an electronic form. (Section 67)
7 The bill defines “transferable record” as having the same meaning as provided in section 201(a)(1) of the Electronic Signatures in Global
and National Commerce Act, codified in 15 U.S.C. s. 7021(a)(1) or s. 668.50(16)(a), F.S. (Section 4)
8 The bill defines “value” as having the meaning provided in s. 673.3031(1), F.S., as if references in that subsection to an instrument were
references to a controllable account, CER, or controllable payment intangible. (Section 4)
9 “Conversion” is an intentional tort in which one party takes the chattel property of another with the intent to deprive him or her of the
property. Legal Information Institute, Conversion, https://www.law.cornell.edu/wex/conversion (last visited Mar. 13, 2025).
10 “Replevin” is an action seeking the return of personal property wrongfully taken or held by the defendant. Legal Information Institute,
Replevin, https://www.law.cornell.edu/wex/replevin (last visited Mar. 13, 2025).
11 A constructive trust is a trust created through a court’s power to remedy unjust enrichment, through which the court orders a person in
possession of property who would otherwise be unjustly enriched by retention of the property to transfer the property to the party who
should rightfully possess it. Legal Information Institute, Constructive Trust, https://www.law.cornell.edu/wex/constructive_trust (last
visited Mar. 13, 2025).
12 An “equitable lien” is a court-imposed lien imposed where there is an obligation owed by one person to another, a property interest to
which the obligation attaches, and an intent that the property serve as security for the obligation. Legal Information Institute, Equitable Lien,
https://www.law.cornell.edu/wex/equitable_lien (last visited Mar. 13, 2025).
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2
Further, the bill provides that the filing of a financing statement13 under ch. 679, F.S., is not notice of a claim of a
property right in a CER. (Section 6)
Control of a Controllable Electronic Record
The bill creates s. 669.105, F.S., to govern CER control. Specifically, under the bill, a person controls a CER if the
CER, a record attached to or logically associated with the CER, or a system in which the CER is recorded:
Gives the person power to avail itself of substantially all of the benefit from the CER (and exclusive
powers14 to prevent others from so availing themselves) and power to transfer control of the CER; and
Enables the person to identify itself readily in any way as having such powers.
Further, the bill provides that a person controls a CER if another person, other than the transferor to the person of
an interest in the CER or a controllable account or controllable payment intangible evidenced by the CER:
Controls the CER and acknowledges that such control is held on the person’s behalf; or
Obtains control of the CER after having acknowledged that it will do so on the person’s behalf. (Section 7)
Discharge of Account Debtors
The bill creates s. 669.106, F.S., to specify how an account debtor15 on a controllable account or controllable
payment intangible may discharge its obligations. Specifically, under the bill, such obligations may be discharged
by the account debtor paying:
The person controlling the pertinent CER; or
A person that formerly controlled the pertinent CER unless the account debtor receives a notification that:
o Is signed by a person that formerly had control or the person to which control was transferred;
o Reasonably identifies the controllable account or controllable payment intangible;
o Notifies the account debtor that control of the pertinent CER was transferred;
o Reasonably identifies the transferee; and
o Provides a commercially reasonable method by which the account debtor is to pay the transferee.
Where the account debtor receives such a notification, the account debtor may discharge its obligations by paying
in accordance with the notification and may not discharge its obligations by paying a person that formerly
controlled the CER. However, the account debtor may generally request that the person giving the notification
seasonably furnish reasonable proof that control of the CER has been transferred. Further, this section is subject to
other law establishing a different rule for an account debtor who is an individual and who incurred the obligation
primarily for personal, family, or household purposes. (Section 8)
Savings Clauses
The bill creates s. 669.601, F.S., to specify that, generally, a transaction validly entered into before July 1, 2025,
remains valid after such date and may be terminated, completed, consummated, or enforced as required or allowed
by law other than the UCC or, if applicable, by the UCC as though this bill had not taken effect. (Section 13) Further,
the bill creates s. 669.701, F.S., to provide that, generally:
Ch. 679, F.S., as it existed on July 1, 2025, and Article 12 apply to a transaction, lien, or other interest in
property, even if the transaction, lien, or interest was entered into, created, or acquired before July 1, 2025.
A transaction, lien, or interest in property that was validly entered into, created, or transferred before July
1, 2025, and that was not governed by the UCC but would be subject to ch. 679, F.S., as it existed on July 1,
2025, or Article 12 if the transaction had been entered into, created, or transferred on or after July 1, 2025,
remains valid after that date; and
The transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or
permitted by Part II of ch. 669, F.S., or by the law that would apply if that Part had not taken effect.
13 A “financing statement” under ch. 679, F.S., is a document meant to give public notice of a security interest in collateral, allowing creditors
to claim priority over other creditors.
14 The bill recognizes that this “exclusive power” may be shared with others. (Section 7)
15 “Account debtor” means a person obligated on an account, chattel paper, or general intangible. The term does not include persons
obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. S. 679.1021(1)(c), F.S.
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3
Finally, the bill provides that this section does not affect an action, a case, or a proceeding commenced before July
1, 2025. (Section 14)
Perfection of Security Interests
The bill creates s. 669.702, F.S., to provide that a security interest16 that is enforceable and perfected immediately
before July 1, 2025, is a perfected security interest under the bill if, on July 1, 2025, the requirements for
enforceability and perfection under this section are fully satisfied without further action. Where the requirements
for enforceability or perfection are not so satisfied, all of the following apply to the security interest:
It is a perfected security interest until the earlier of the time perfection would have ceased under the law in
effect immediately before July 1, 2025, or the adjustment date;
It remains enforceable thereafter only if the security interest satisfies the requirements for enforceability
under s. 679.2031, F.S., as it existed on July 1, 2025, before the adjustment date; and
It remains perfected thereafter only if the requirements for perfection under this section are satisfied
immediately before July 1, 2025. (Section 15)
Similarly, the bill creates s. 669.703, F.S., to provide that a security interest that is enforceable immediately before
July 1, 2025, but is unperfected by that date:
Remains an enforceable security interest until the adjustment date;
Remains enforceable thereafter if the security interest becomes enforceable under s. 679.2031, F.S., as it
existed on July 1, 2025, or before the adjustment date; and
Becomes perfected:
o Without further action, by July 1, 2025, if the requirements for perfection under this bill are
satisfied on or before that date; or
o When the requirements for perfection are satisfied, if satisfaction occurs after July 1, 2025. (Section
16)
Finally, the bill creates s. 669.704, F.S., to provide that, if an action, other than the filing of a financing statement,
taken before July 1, 2025, would have resulted in perfection of the security interest had the security interest
become enforceable before July 1, 2025, the action is effective to perfect a security interest that attaches under Part
II of ch. 669, F.S., before the adjustment date. Further:
An attached security interest becomes unperfected on the adjustment date unless the security interest
becomes a perfected security interest under Part II of ch. 669, F.S., before the adjustment date.
The filing of a financing statement before July 1, 2025, is effective to perfect a security interest on July 1,
2025, to the extent the filing would satisfy the requirements for perfection under Part II of ch. 669, F.S.
Action taken before July 1, 2025, is sufficient for the enforceability of a security interest as of July 1, 2025, if
the action satisfies the requirements for enforceability under Part II of ch. 669, F.S. (Section 17)
Priority
The bill creates s. 669.705, F.S., to provide that, generally, if the priority of claims to collateral was established
before July 1, 2025, priority is determined by ch. 679, F.S., as it was in effect before July 1, 2025. Further, on the
adjustment date, to the extent the priorities determined by ch. 679, F.S., modify the priorities established before
July 1, 2025, the priorities of claims to Article 12 property and electronic money established before July 1, 2025,
cease to apply. (Section 18)
The bill also creates s. 669.706, F.S., to provide that, generally, when the priority rules of ch. 679, F.S., do not apply
and the priorities of claims to Article 12 property were established before July 1, 2025, law other than Article 12
determines priority. Under this section, when the priority rules of ch. 679, F.S., do not apply, to the extent the
priorities determined by this bill modify the priorities established as of July 1, 2025, the priorities of claims to
Article 12 property established before July 1, 2025, cease to apply on the adjustment date. (Section 19)
16 A “security interest” is a legal right in a debtor’s property, generally granted by the debtor to a creditor, that secures a debt. Legal
Information Institute, Security Interest, https://www.law.cornell.edu/wex/security_interest (last visited Mar. 13, 2025).
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4
Amendments to Existing UCC Articles
The bill amends existing UCC Articles 1 (ch. 671, F.S., pertaining to general provisions), 2 (ch. 672, F.S., pertaining
to sales), 2a (ch. 680, F.S., pertaining to leases), 3 (ch. 673, F.S., pertaining to negotiable instruments), 4a (ch. 670,
F.S., pertaining to funds transfers), 5 (ch. 675, F.S., pertaining to letters of credit), 7 (ch. 677, F.S., pertaining to
documents of title), 8 (ch. 678, F.S., pertaining to investment securities), and 9 (ch. 679, F.S., pertaining to secured
transactions). Many of these amendments incorporate cross-references to newly-created provision of law or to
sections amended by the bill, and others make conforming changes, such as by updating terminology to
incorporate the concept of CERs. The more substantive amendments are discussed below.
Amendments to Article 1: General Provisions
The bill amends s. 671.201, F.S., to modify general definitions applicable throughout the UCC. Specifically, the bill:
Redefines “delivery,” to include, with respect to an instrument, voluntary transfer of an authoritative
tangible copy of a record evidencing chattel paper.
Defines “electronic” to mean relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
Redefines “person” to include a protected series,17 however denominated, of an entity if the protected
series is established under law other than the UCC which limits, or conditionally limits if conditions
specified under the law are satisfied, the ability of a creditor of the entity or of any other protected series of
the entity to satisfy a claim from the protected series’ assets.
Redefines “send” to include causing the record or notification to be received within the time it would have
been received if property sent by mail or transmitted by any other usual means of communication.
Defines “sign,” “signing,” “signed,” or “signature” to mean, with present intent to authenticate or adopt a
record, to:
o Execute or adopt a tangible symbol; or
o Attach to or logically associate with the record an electronic symbol, sound, or process. (Section 34)
Further, the bill:
Amends s. 671.105, F.S., to include the governing law provision in newly-created s. 669.107, F.S., among
the list of UCC provisions which govern as to applicable law, so that a contrary agreement is effective only
to the extent allowed by law. (Section 32)
Creates s. 671.401, F.S., to provide a savings clause for existing Article 1 transactions. (Sections 29 and 30).
Amendments to Article 2: Sale of Goods
The bill makes several changes to ch. 672, F.S., pertaining to the sale of goods. Specifically, the bill:
Amends s. 672.106, F.S., to define “hybrid transaction,” for the purposes of ch. 672, F.S., to mean a single
transaction involving a sale of goods and the provision of services; a lease of other goods; or a sale, lease, or
license of property other than goods. (Section 39)
Amends s. 672.102, F.S., to specify the applicability of ch. 672, F.S., in the case of a hybrid transaction.
(Section 38)
Creates s. 672.801, F.S., to provide a savings clause for existing Article 2 transactions. (Sections 45 and 46).
Amendments to Article 3: Negotiable Instruments
The bill makes several changes to ch. 673, F.S., pertaining to negotiable instruments. Specifically, the bill:
Amends s. 673.1041, F.S., to redefine “negotiable instrument” to provide that the promise or order to pay,
which, under current law, generally may not state any other undertaking or instruction other than the
payment of money, nevertheless may contain:
o A term specifying the law governing the promise or order; or
17 Florida law does not currently recognize the concept of a protected series. A bill to allow for the formation of a protected series LLC has
been filed for the 2025 Legislative Session. See 2025 HB 403.
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5
o An undertaking to resolve, in a specified forum, a dispute about the promise or order. (Section 47)
Amends s. 673.1051, F.S., to redefine the term “issue,” in the context of an instrument, to include, if agreed
to by the payee, the first transmission by the drawer to the payee of an image of an item and information
derived from the item which enables the depository bank to collect the item under federal law by
transferring or presenting an electronic check. (Section 48)
Amends s. 673.6041, F.S., to provide that the obligation of a party to pay a check is not discharged solely by
the check’s destruction in connection with the extraction of information from and the making of the check’s
image where the information and image are subsequently transmitted for payment. (Section 50)
Creates s. 673.702, F.S., to provide a savings clause for existing Article 3 transactions. (Sections 51 and 52)
Amendments to Article 4a: Funds Transfers
The bill makes several changes to ch. 670, F.S., pertaining to funds transfers. Specifically, the bill:
Amends s. 670.201, F.S., to, among other things, specify that a security procedure18 may impose an
obligation on the receiving bank or the customer, and that such procedure may require the use of symbols,
sounds, or biometrics, in addition to security devices already contemplated by existing law. (Section 21)
Creates s. 670.601, F.S., to provide a savings clause for existing Article 4a transactions. (Sections 36 and 37)
Amendments to Article 5: Letters of Credit
The bill makes several changes to ch. 675, F.S., pertaining to letters of credit. Specifically, the bill:
Amends s. 675.116, F.S., to provide that, for the purposes of choice of law and forum, a bank branch is
considered to be located at the address indicated in the branch’s undertaking; however, under the bill, if
more than one address is indicated, the branch is considered to be located at the address from which the
undertaking was issued. (Section 54)
Creates s. 675.119, F.S., to provide a savings clause for existing Article 5 transactions. (Section 55)
Amendments to Article 7: Documents of Title
The bill makes several changes to ch. 677, F.S., pertaining to documents of title. Specifically, the bill:
Amends s. 677.106, F.S., to specify the circumstances under which a person may control an electronic
document of title. (Section 57)
Creates s. 677.701, F.S., to provide a savings clause for existing Article 7 transactions. (Sections 58 and 59)
Amendments to Article 8: Investment Securities
The bill makes several changes to ch. 678, F.S., pertaining to investment securities. Specifically, the bill:
Amends s. 678.1061, F.S., to specify the circumstances under which a purchaser controls a security
entitlement. (Section 62)
Amends s. 678.1031, F.S., to provide that a controllable account, CER, or controllable payment intangible is
not a financial asset unless such account, CER, or payment intangible qualifies as a “financial asset” under s.
678.1021(1)(i), F.S. (Section 61)
Amends s. 678.1101, F.S., to provide that the local law of the issuer’s jurisdiction or the securities
intermediary’s jurisdiction governs matters or transactions specified in subsections (1) and (2) of that
section even if the matter or transaction does not bear any relation to the jurisdiction. (Section 63)
Creates s. 679.601, F.S., to provide a savings clause for existing Article 8 transactions. (Sections 65 and 66)
Amendments to Article 9: Secured Transactions
The bill makes several changes to ch. 679, F.S., pertaining to secured transactions. Specifically, the bill amends s.
679.1021, F.S., to update definitions pertaining to secured transactions. Significantly, the bill defines:
18 “Security procedure” means a procedure established by agreement of a customer and a receiving bank for purposes of: 1) verifying that a
payment order or communication amending or canceling a payment order is that of the customer; or 2) detecting error in the transmission
or the content of the payment order or communication. S. 670.201, F.S.
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“Chattel paper” to mean:
o A right to payment of a monetary obligation secured by specific goods, if the right to payment and
security agreement are evidenced by a record; or
o A right to payment of a monetary obligation owed by a lessee under a lease agreement with respect
to specific goods and a monetary obligation owed by the lessee in connection with the transaction
giving rise to the lease, if:
A record evidences the right to payment and the lease agreement; and
The predominant purpose of the transaction giving rise to the lease was to give the lessee
the right to possession and use of the goods.19
“Controllable account” to mean an account evidenced by a CER providing that the account debtor
undertakes to pay the person that controls the CER under s. 669.105, F.S.
“Controllable payment intangible” to mean a payment intangible evidenced by a CER providing that the
account debtor undertakes to pay the person that controls the CER under s. 669.105, F.S.
“Electronic money” to mean money in an electronic form.
“Money” to have the same meaning as in s. 671.201, F.S., but to not include a deposit account or money in
an electronic form that is not controlled by newly-created s. 679.1052, F.S.
“Tangible money” to mean money in a tangible form. (Section 67)
The bill also modifies or defines the circumstances under which persons control various assets governable under
ch. 679, F.S., so that such control is governed in a manner similar to the CER control requirements the bill creates in
ch. 669, F.S. Specifically, the bill:
Amends s. 679.1041, F.S., relating to control of a deposit account. (Section 68)
Amends s. 679.1051, F.S., relating to control of an authoritative electronic copy of a record evidencing
chattel paper. (Section 69)
Creates s. 679.1052, F.S., relating to control of electronic money. (Section 70)
Creates s. 679.1053, F.S., relating to control of CERs, controllable accounts, or controllable payment
intangibles. (Section 71)
Further, the bill updates several provisions of ch. 679, F.S., to address the attachment, perfection, and priority of
security interests in light of the creation of ch. 669, F.S., and other changes made by the bill. Specifically, the bill:
Amends s. 679.2081, F.S., to update terminology and discuss the transfer of control of documents of title,
electronic money, controllable accounts, and controllable payment intangibles. (Section 76)
Amends s. 679.3041, F.S., to provide that, when it comes to the law governing perfection and priority of
security interests in deposit accounts, the local law of a bank’s jurisdiction governs even if a transaction
does not bear any relation to the bank’s jurisdiction. (Section 80)
Creates s. 679.3062, F.S., to specify which governing law applies to the perfection and priority of security
interests in chattel paper. (Section 82)
Creates s. 679.3063, F.S., to specify which governing law applies where there is a difference in jurisdiction
between the local law of a CER and the debtor’s location. (Section 83)
Amends s. 679.3101, F.S., to provide that a financial statement does not need to be filed when perfecting a
security interest in a controllable account, CER, or controllable payment intangible. (Section 84)
Amends s. 679.3121, F.S., to make the filing of a financial statement for chattel paper, controllable accounts,
CERs, and controllable payment intangibles permissive and to specify how a security interest in tangible
money or in electronic money may be perfected. (Section 85)
Amends s. 679.3141, F.S., to include controllable accounts, CERs, controllable payment intangibles,
electronic documents, and electronic money in the list of assets in which a security interest may be
perfected by control. (Section 87)
Creates s. 679.3152, F.S., to allow for the perfection of a security interest in chattel paper by possession and
control. (Section 88)
Amends s. 679.3171, F.S., to specify when a buyer takes free of a security interest in chattel paper, an
electronic document, a CER, a controllable account, or a controllable payment intangible. (Section 90)
19 Under the bill, “chattel paper” does not include a right to payment arising out of a charter or other contract involving the use or hire of a
vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.
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Creates s. 679.3251, F.S., to specify that perfection by control trumps over any other method of perfection
used by a person not having control. (Section 93)
Amends s. 679.332, F.S., to specify that a transferee of electronic money takes the money free of a security
interest if the transferee obtains control of the money without colluding with the debtor in violating the
secured party’s rights. (Section 96)
Amends s. 679.605, F.S., to specify when a secured party owes a duty to another based on its status as a
secured party when perfection is by control of a controllable account, CER, or controllable payment
intangible. (Section 105)
Amends s. 679.628, F.S., to specify when the liability of a secured party to another is not limited by that
section’s liability limitations when perfection is by control of a controllable account, CER, or controllable
payment intangible. (Section 117)
Creates s. 679.901, F.S., to provide a savings clause for existing Article 9 transactions. (Sections 118 and
119)
Amendments to Article 2a: Leases
The bill makes several changes to ch. 680, F.S., relating to leases. Specifically, the bill:
Amends s. 680.1031, F.S., to define “hybrid lease” to mean a single transaction involving a lease of goods
and the provision of services; a sale of other goods; or a sale, lease, or license of property other than goods.
(Section 122)
Amends s. 680.121, F.S., to specify the application of ch. 680, F.S., to hybrid leases. (Section 121)
Creates s. 680.601, F.S., to provide a savings clause for existing article 2a transactions. (Sections 129 and
130)
Effective Date
The bill provides an effective date of July 1, 2025.
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate economic impact on the private sector. This impact may be positive to the
extent that the changes made by the bill better facilitate commercial transactions involving virtual currencies,
distributed ledger technologies, artificial intelligence, and other technological developments, or protect interests in
digital assets.
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RELEVANT INFORMATION
SUBJECT OVERVIEW:
Uniform Commercial Code
The Model Uniform Commercial Code (“Model UCC”) is a set of laws governing the sale of goods and other
commercial transactions; promulgated by the Uniform Law Commission, it has been adopted by all 50 states,
thereby giving businesses confidence that their contracts will be enforced in the same way by the courts of every
U.S. jurisdiction.20 To accomplish its purposes, the Model UCC currently has 9 articles governing various
transactions, as follows:21
Article 1 contains general provisions applicable to transactions covered under other UCC articles.
Article 2 governs the sale of goods.
Article 3 governs negotiable instruments.22
Article 4 governs bank deposits and collections.
Article 5 governs letters of credit.23
Article 6 governs bulk sales.
Article 7 governs documents of title for personal property.
Article 8 governs investment securities.24
Article 9 governs secured transactions.25
New Article 12
In 2022, the Uniform Law Commission proposed the adoption of a new Model UCC article, designated as Article 12,
to address the use of emerging technologies in commercial transactions.26 Specifically, Article 12 would provide
updated rules for commercial transactions involving virtual currencies,27 distributed ledger technologies,28
artificial intelligence, and other technological developments and establish a baseline framework allowing creditors
to secure liens29 against digital assets owned by debtors.30 Currently, 24 states and the District of Columbia have
adopted the new Article 12, while eight states have introduced legislation to do so.31
Florida’s UCC
20 Uniform Law Commission, Uniform Commercial Code, https://www.uniformlaws.org/acts/ucc (last visited Mar. 13, 2025).
21 Id.
22 A “negotiable instrument” is a signed document, such as a personal check, promising to pay a specific amount of money to a named person.
Legal Information Institute, Negotiable Instrument, https://www.law.cornell.edu/ucc/3/3-104 (last visited Mar. 13, 2025).
23 A “letter of credit” is an instrument issued by a financial institution, typically a bank, to guarantee that the beneficiary of the letter will be
paid once certain conditions are met. Legal Information Institute, Letter of Credit, https://www.law.cornell.edu/wex/letter_of_credit (last
visited Mar. 13, 2025).
24 “Investment securities” are assets (like stocks, bonds, or mutual funds) that can be bought and sold in public markets or exchanges and
held for investment purposes. Legal Information Institute, Securities, https://www.law.cornell.edu/wex/securities (last visited Mar. 13,
2025).
25 A “secured transaction” is an arrangement in which a borrower guarantees payment of an obligation by granting to the lender a security
interest in the borrower’s property, such as in a mortgage (when the borrower grants to the lender a security interest in the mortgaged
property). Legal Information Institute, Secured Transaction, https://www.law.cornell.edu/wex/secured_transaction (last visited Mar. 13,
2025).
26 ULC, supra note 20.
27 “Virtual currency,” such as Bitcoin, Ethereum, or XRP, is a digital representation of value, other than a representation of the U.S. dollar or a
foreign currency, that functions as a unit of account, a store of value, and a medium of exchange. IRS, Frequently Asked Questions on Virtual
Currency Transactions, https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-on-virtual-currency-
transactions (last visited Mar. 13, 2025).
28 “Distributed ledger technologies,” like Blockchain, are a secure way to conduct and transfer digital assets without the need for a central
authority. Such technology is “distributed” because multiple participants in a computer network share and synchronize copies of the ledger,
and new transactions are added in a manner that is cryptographically secured, permanent, and visible to all participants in near real time.
GAO, Blockchain and Distributed Ledger Technologies, https://www.gao.gov/assets/gao-19-704sp.pdf (last visited Mar. 13, 2025).
29 A “lien” is a legal claim against the property of another, which claim secures a debt. Legal Information Institute, Lien,
https://www.law.cornell.edu/wex/lien (last visited Mar. 13, 2025)
30 ULC, supra note 20.
31 The following states have enacted Article 12: Alabama, California, Colorado, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Minnesota, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South
Dakota, Virginia, and Washington. The following states have legislation pending to enact Article 12: Connecticut, Maryland, Massachusetts,
New York, North Carolina, Oregon, South Carolina, and Vermont. Id.
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Florida’s UCC, codified in chapters 670-680, F.S., does not currently have a provision specifically addressing digital
assets; instead, the traditional approach has been to use Article 8 to apply general intangible principles to digital
asset transactions or Article 9, relating to secured transactions, as an alternative by which a lender may perfect his
or her security interests in a digital asset.32 However, this traditional approach does not address the technological
issues unique to easily-transferrable digital assets,33 which may mean that, in some instances, doubt arises as to
whether a lender’s security interest was actually perfected under the UCC.34 Thus, the Florida Bar’s Business Law
Section formed a Joint Task Force between its Blockchain and Digital Access Committee and its UCC/Bankruptcy
Committee to review proposed Article 12 and determine whether Florida should adopt this new article; the result
of their combined efforts is 2025 HB 515.35
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Civil Justice & Claims 18 Y, 0 N, As CS 3/13/2025 Jones Mawn
Subcommittee
THE CHANGES ADOPTED BY THE Restored the definition of “money” in s. 671.201, F.S., to current law; corrected
COMMITTEE: a cross-reference; and corrected a drafting error.
Commerce Committee Hamon Fletcher
Judiciary Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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32 Florida Bar Business Law Section, Florida’s New UCC Article 12 – Fla. Stat. 669: Secured Transactions for Digital Assets and Associated UCC
Amendments, https://flabizlaw.org/wp-content/uploads/2024/01/Exhibit-B-1-7.10-White-Paper-ver-20231230a.pdf (last visited Mar. 13,
2025).
33 For example, a digital asset owner may give a lender technical control over a digital asset by giving the lender a private key or password,
but there is no transfer of the asset itself.
34 Business Law Section, supra note 32.
35 Id.
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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
CS/HB 515 2025
1 A bill to be entitled
2 An act relating to the Uniform Commercial Code;
3 providing a directive to the Division of Law Revision;
4 creating part I of ch. 669, F.S., relating to
5 controllable electronic records; creating s. 669.101,
6 F.S.; providing a short title; creating s. 669.102,
7 F.S.; defining terms; providing construction; creating
8 s. 669.103, F.S.; providing construction; creating s.
9 669.104, F.S.; providing applicability; specifying
10 when a purchaser of a controllable account or
11 controllable payment intangible is a qualifying
12 purchaser; specifying rights acquired relating to
13 controllable electronic records; prohibiting actions
14 from being asserted against qualifying purchasers
15 under certain circumstances; specifying that filing a
16 certain financial statement is not notice of a claim
17 of a property right in a controllable electronic
18 record; creating s. 669.105, F.S.; specifying when a
19 person has control of a controllable electronic
20 record; providing when a person's power relating to
21 controllable electronic records is or is not
22 exclusive; providing that a person who has control of
23 a controllable electronic record is not required to
24 acknowledge such control; specifying that a person
25 that acknowledges control of a controllable electronic
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26 record does not owe any duty to the other person and
27 is not required to confirm the acknowledgment to any
28 other person; creating s. 669.106, F.S.; authorizing
29 account debtors on a controllable account or
30 controllable payment intangible to discharge
31 obligations under certain circumstances; providing
32 requirements for such discharge; prohibiting account
33 debtors from waiving or varying certain rights and
34 options; providing construction; creating s. 669.107,
35 F.S.; specifying the governing laws and jurisdictions
36 relating to controllable electronic records; creating
37 part II of ch. 669, F.S., relating to transitional
38 provisions; creating s. 669.501, F.S.; providing a
39 short title; creating s. 669.502, F.S.; defining
40 terms; creating ss. 669.601 and 669.701, F.S.;
41 providing saving clauses for certain transactions;
42 providing applicability; providing construction;
43 creating s. 669.702, F.S.; specifying requirements for
44 perfecting security interests that are enforceable and
45 perfected before a specified date; creating s.
46 669.703, F.S.; specifying requirements for security
47 interests that were unperfected before a specified
48 date; creating s. 669.704, F.S.; specifying the
49 effectiveness of certain actions relating to security
50 interests taken before a specified date; creating ss.
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51 669.705 and 669.706, F.S.; providing priority for
52 conflicting claims to collateral; amending s. 670.103,
53 F.S.; revising the definition of the term "payment
54 order"; amending s. 670.201, F.S.; revising
55 authorizations and requirements relating to security
56 procedures; amending s. 670.202, F.S.; revising the
57 circumstances under which payment orders received by
58 banks are effective as the order of a customer; making
59 technical changes; amending s. 670.203, F.S.; revising
60 rules that apply to payment orders that are not
61 authorized orders of certain customers; amending ss.
62 670.207, 670.208, 670.21, and 670.211, F.S.; making
63 technical changes; amending s. 670.305, F.S.; revising
64 liability requirements relating to payment orders;
65 creating part VI of ch. 670, F.S., relating to
66 transitional provisions; creating s. 670.601, F.S.;
67 providing applicability; amending s. 671.101, F.S.;
68 making technical changes; amending s. 671.105, F.S.;
69 revising applicability; amending s. 671.107, F.S.;
70 making a technical change; amending s. 671.201, F.S.;
71 revising definitions; defining terms; amending s.
72 671.211, F.S.; conforming a cross-reference; creating
73 part IV of ch. 671, F.S., relating to transitional
74 provisions; creating s. 671.401, F.S.; providing
75 applicability; amending s. 672.102, F.S.; revising
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76 applicability; amending s. 672.106, F.S.; defining the
77 term "hybrid transaction"; making technical changes;
78 amending ss. 672.201, 672.202, 672.203, and 672.205,
79 F.S.; making technical changes; amending s. 672.209,
80 F.S.; revising a prohibition on modifying or
81 rescinding a signed agreement that excludes
82 modification or rescission; creating part VIII of ch.
83 672, F.S., relating to transitional provisions;
84 creating s. 672.801, F.S.; providing applicability;
85 amending s. 673.1041, F.S.; revising the definition of
86 the term "negotiable instrument"; amending s.
87 673.1051, F.S.; revising the definition of the term
88 "issue"; amending s. 673.4011, F.S.; conforming
89 provisions to changes made by the act; amending s.
90 673.6041, F.S.; specifying that the obligation of a
91 party to pay a check is not discharged solely by
92 destruction of the check in connection with a
93 specified process; creating part VII of ch. 673, F.S.,
94 relating to transitional provisions; creating s.
95 673.702, F.S.; providing applicability; amending s.
96 675.104, F.S.; conforming provisions to changes made
97 by the act; amending s. 675.116, F.S.; providing that
98 a branch of a bank is considered to be located at the
99 address indicated in the branch's undertaking or, if
100 more than one address is indicated, the address from
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101 which the undertaking was issued; making technical
102 changes; creating s. 675.119, F.S.; providing
103 applicability; amending s. 677.102, F.S.; deleting
104 definitions of the terms "record" and "sign"; amending
105 s. 677.106, F.S.; specifying when a system satisfies
106 certain requirements and a person has control of an
107 electronic document of title; specifying when certain
108 powers are or are not exclusive; providing that a
109 person that has control of an electronic document or
110 title does not need to acknowledge that it has control
111 on behalf of another person; specifying that a person
112 does not owe any duty to another person under certain
113 circumstances; creating part VII of ch. 677, F.S.,
114 related to transitional provisions; creating s.
115 677.701, F.S.; providing applicability; amending s.
116 678.1021, F.S.; revising definitions; revising the
117 applicability of definitions; amending s. 678.1031,
118 F.S.; specifying that a controllable account,
119 controllable electronic record, or controllable
120 payment intangible is not a financial asset under
121 certain circumstances; conforming a cross-reference;
122 amending s. 678.1061, F.S.; revising the circumstances
123 under which purchasers have control of security
124 entitlements; specifying that a person that has such
125 control is not required to acknowledge such control on
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126 behalf of a purchaser; specifying that certain persons
127 do not owe any duty to purchasers and are not required
128 to confirm certain acknowledgment under certain
129 circumstances; amending s. 678.1101, F.S.; providing
130 applicability; amending s. 678.3031, F.S; specifying
131 that protected purchasers acquire interest in a
132 security free of any adverse claim; creating part VI
133 of ch. 678, F.S., relating to transitional provisions;
134 creating s. 678.601, F.S.; providing applicability;
135 amending s. 679.1021, F.S.; defining terms; revising
136 and deleting definitions; revising the applicability
137 of definitions; amending s. 679.1041, F.S.; revising
138 the circumstances under which a secured party has
139 control of a deposit account; making a technical
140 change; amending s. 679.1051, F.S.; revising when a
141 person has control of electronic chattel paper;
142 specifying when power of such control is or is not
143 exclusive; creating s. 679.1052, F.S.; specifying when
144 a person has control of electronic money; specifying
145 when power of such control is or is not exclusive;
146 creating s. 679.1053, F.S.; specifying when a person
147 has control of controllable electronic records,
148 controllable accounts, or controllable payment
149 intangibles; creating s. 679.1054, F.S.; providing
150 that specified persons with certain control are not
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151 required to acknowledge such control; specifying that
152 such persons do not owe any duty to certain persons
153 and are not required to confirm acknowledgment to any
154 other person; amending s. 679.2031, F.S.; revising the
155 circumstances under which a security interest is
156 enforceable against a debtor and third parties;
157 conforming a cross-reference and provisions to changes
158 made by the act; amending s. 679.2041, F.S.; revising
159 the circumstances under which a security interest does
160 not attach under a term constituting an after-acquired
161 property clause; amending s. 679.2071, F.S.;
162 conforming a provision to changes made by the act;
163 amending s. 679.2081, F.S.; revising duties relating
164 to secured parties having control of collateral;
165 amending s. 679.209, F.S.; revising duties relating to
166 secured parties if an account debtor has been notified
167 of an assignment; revising cross-references; amending
168 s. 679.210, F.S.; conforming provisions to changes
169 made by the act; amending s. 679.3011, F.S.; revising
170 requirements relating to laws governing perfection and
171 priority of security interests; revising a cross-
172 reference; amending s. 679.3041, F.S.; specifying that
173 the local law of a bank's jurisdiction governs even if
174 a transaction does not bear any relation to the bank's
175 jurisdiction; amending s. 679.3051, F.S.; revising
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176 applicability; creating s. 679.3062, F.S.; specifying
177 which laws govern the perfection and priority of
178 security interests in chattel paper; creating s.
179 679.3063, F.S.; specifying which laws govern the
180 perfection and priority of security interests in
181 controllable accounts, controllable electronic
182 records, and controllable payment intangibles;
183 amending s. 679.3101, F.S.; revising the circumstances
184 under which the filing of a financing statement is not
185 necessary to perfect a security interest; amending s.
186 679.3121, F.S.; providing requirements for perfecting
187 a security interest in controllable accounts,
188 controllable electronic records, and controllable
189 payment intangibles; amending s. 679.3131, F.S.;
190 conforming provisions to changes made by the act;
191 amending s. 679.3141, F.S.; revising requirements for
192 perfection by control; creating s. 679.3152, F.S.;
193 providing requirements for perfecting a security
194 interest in chattel paper by possession and control;
195 amending s. 679.3161, F.S.; revising requirements
196 relating to maintaining perfection of security
197 interests following a change in governing law;
198 revising cross-references; amending s. 679.3171, F.S.;
199 revising the circumstances under which persons take
200 free of a security interest or agricultural lien;
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201 amending s. 679.323, F.S.; revising the circumstances
202 under which a buyer or lessee of goods takes free of a
203 security interest or leasehold; amending s. 679.324,
204 F.S.; conforming provisions to changes made by the
205 act; creating s. 679.3251, F.S.; specifying that
206 certain security interests in controllable accounts,
207 controllable electronic records, or controllable
208 payment intangibles have priority over conflicting
209 security interests; amending s. 679.330, F.S.;
210 revising the circumstances under which purchasers of
211 chattel paper have priority over certain security
212 interests in the chattel paper; revising
213 applicability; making a technical change; amending s.
214 679.331, F.S.; revising construction; amending s.
215 679.332, F.S.; revising the circumstances under which
216 a transferee takes money or funds free of a security
217 interest; amending ss. 679.341 and 679.4041, F.S.;
218 conforming provisions to changes made by the act;
219 amending s. 679.4061, F.S.; defining the term
220 "promissory note"; conforming provisions to changes
221 made by the act; revising applicability; amending s.
222 679.4081, F.S.; defining the term "promissory note";
223 amending ss. 679.509, 679.513, 679.601, and 679.604,
224 F.S.; conforming provisions to changes made by the
225 act; amending s. 679.605, F.S.; specifying when a
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226 secured party owes a duty to a person based on the
227 party's status as a secured party; amending ss.
228 679.608 and 679.611, F.S.; conforming provisions to
229 changes made by the act; making technical changes;
230 amending s. 679.613, F.S.; revising the form for
231 notification of the disposition of collateral;
232 providing requirements relating to such form; amending
233 s. 679.614, F.S.; revising form requirements for
234 notice of a plan to sell property; providing
235 requirements relating to such form; amending ss.
236 679.615, 679.616, 679.619, 679.620, 679.621, 679.624,
237 and 679.625, F.S.; conforming provisions to changes
238 made by the act; amending s. 679.628, F.S.; providing
239 applicability; creating part IX of ch. 670, F.S.,
240 relating to transitional provisions; creating ss.
241 679.901 and 679.902, F.S.; providing construction;
242 amending s. 680.1021, F.S.; revising applicability;
243 amending s. 680.1031, F.S.; defining the term "hybrid
244 lease"; conforming cross-references; amending ss.
245 680.1071, 680.201, 680.202, 680.203, 680.205, 680.208,
246 F.S.; conforming provisions to changes made by the
247 act; creating part VI of ch. 680, F.S., relating to
248 transitional provisions; creating s. 680.601, F.S.;
249 providing applicability; amending ss. 55.205, 319.27,
250 328.0015, 517.061, 559.9232, 563.022, 668.50, F.S.;
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251 conforming cross-references; reenacting ss. 655.55(1)
252 and (2) and 685.101(2), F.S., relating to law
253 applicable to deposits in and contracts relating to
254 extensions of credit by a deposit or lending
255 institution located in this state and choice of law,
256 respectively, to incorporate the amendment made to s.
257 671.105, F.S., in references thereto; reenacting ss.
258 90.953(1), 673.1061(1), (3), and (4), and 673.1151(2),
259 F.S., relating to admissibility of duplicates,
260 unconditional promise or order, and incomplete
261 instruments, respectively, to incorporate the
262 amendment made to s. 673.1041, F.S., in references
263 thereto; reenacting s. 673.1031(2), F.S., relating to
264 definitions, to incorporate the amendments made to ss.
265 673.1041 and 673.1051, F.S., in references thereto;
266 reenacting s. 673.6051(2), F.S., relating to discharge
267 of indorsers and accommodation parties, to incorporate
268 the amendment made to s. 673.6041, F.S., in a
269 reference thereto; reenacting s. 679.3061(2), F.S.,
270 relating to law governing perfection and priority of
271 security interests in letter-of-credit rights, to
272 incorporate the amendment made to s. 675.116, F.S., in
273 a reference thereto; reenacting s. 675.103(1)(j),
274 F.S., relating to definitions, to incorporate the
275 amendment made to s. 675.104, F.S., in a reference
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276 thereto; reenacting ss. 674.2101(3), 675.1181(2), and
277 679.1101, F.S., relating to security interest of
278 collecting bank in items, accompanying documents, and
279 proceeds; security interest of issuer or nominated
280 person; and security interests arising under chapter
281 672 or chapter 680, respectively, to incorporate the
282 amendment made to s. 679.2031, F.S., in references
283 thereto; reenacting ss. 672.103(3) and 674.104(3),
284 F.S., relating to definitions and index of
285 definitions, to incorporate the amendment made to s.
286 677.106, F.S., in references thereto; reenacting ss.
287 678.5101(3) and 679.1061(1), F.S., relating to rights
288 of purchaser of security entitlement from entitlement
289 holder and control of investment property,
290 respectively, to incorporate the amendment made to s.
291 678.1061, F.S., in references thereto; reenacting s.
292 679.328(2), (5), and (7), F.S., relating to priority
293 of security interests in investment property, to
294 incorporate the amendments made to ss. 678.1061,
295 679.3131, 679.3141, and 679.323, F.S., in references
296 thereto; reenacting s. 679.327(1) and (2), F.S.,
297 relating to priority of security interests in deposit
298 account, to incorporate the amendment made to ss.
299 679.1041 and 679.3141, F.S., in references thereto;
300 reenacting s. 679.1091(4), F.S., relating to scope, to
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301 incorporate the amendment made to ss. 679.2031 and
302 679.4041, F.S., in references thereto; reenacting s.
303 679.709(2), F.S., relating to priority, to incorporate
304 the amendment made to s. 679.2031, F.S., in a
305 reference thereto; reenacting s. 679.602(2), F.S.,
306 relating to waiver and variance of rights and duties,
307 to incorporate the amendment made to s. 679.210, F.S.,
308 in a reference thereto; reenacting s. 679.329, F.S.,
309 relating to priority of security interests in deposit
310 account and priority of security interests in letter-
311 of-credit right, respectively, to incorporate the
312 amendment made to s. 679.3141, F.S., in references
313 thereto; reenacting s. 679.320(3), F.S., buyer of
314 goods, to incorporate the amendment made to s.
315 679.3161, F.S., in references thereto; reenacting s.
316 727.109(8)(b), F.S., relating to power of the court,
317 to incorporate the amendment made to s. 679.3171,
318 F.S., in a reference thereto reenacting s. 680.307(3),
319 F.S., relating to priority of liens arising by
320 attachment or levy on, security interests in, and
321 other claims to goods, to incorporate the amendment
322 made to ss. 679.3171 and 679.323, F.S., in references
323 thereto; reenacting s. 679.626(3), F.S., relating to
324 action in which deficiency or surplus is in issue, to
325 incorporate the amendment made to s. 679.628, F.S., in
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326 a reference thereto; providing an effective date.
327
328 Be It Enacted by the Legislature of the State of Florida:
329
330 Section 1. The Division of Law Revision is directed to
331 create chapter 669, Florida Statutes, to be entitled "Uniform
332 Commercial Code: Controllable Electronic Records and
333 Transitional Provisions."
334 Section 2. Part I of chapter 669, Florida Statutes,
335 consisting of ss. 669.101-669.107, Florida Statutes, is created
336 and entitled "Controllable Electronic Records."
337 Section 3. Section 669.101, Florida Statutes, is created
338 to read:
339 669.101 Short title.—This part may be cited as "Uniform
340 Commercial Code—Controllable Electronic Records."
341 Section 4. Section 669.102, Florida Statutes, is created
342 to read:
343 669.102 Definitions.—
344 (1) As used in this part, the term:
345 (a) "Controllable electronic record" means a record in an
346 electronic medium, subject to control under s. 669.105. The term
347 does not include a controllable account, a controllable payment
348 intangible, a deposit account, an electronic chattel paper, an
349 electronic document of title, electronic money, investment
350 property, or a transferable record.
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351 (b) "Qualifying purchaser" means a purchaser of a
352 controllable electronic record or an interest in a controllable
353 electronic record which obtains control of the controllable
354 electronic record for value, in good faith, and without notice
355 of a claim of a property right in the controllable electronic
356 record.
357 (c) "Transferable record" has the same meaning as provided
358 in:
359 1. Section 201(a)(1) of the Electronic Signatures in
360 Global and National Commerce Act, 15 U.S.C. s. 7021(a)(1); or
361 2. Section 668.50(16)(a).
362 (d) "Value" has the meaning provided in s. 673.3031(1), as
363 if references in that subsection to an "instrument" were
364 references to a controllable account, controllable electronic
365 record, or controllable payment intangible. A controllable
366 electronic record is subject to control as specified in s.
367 669.105.
368 (2) The definitions in s. 679.1021 for the terms "account
369 debtor," "chattel paper," "controllable account," "controllable
370 payment intangible," "deposit account," "electronic money," and
371 "investment property" apply to this part.
372 (3) Chapter 671 contains general definitions and
373 principles of construction and interpretation applicable
374 throughout this part.
375 Section 5. Section 669.103, Florida Statutes, is created
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376 to read:
377 669.103 Relation to chapter 679 and consumer laws.—
378 (1) If there is conflict between this part and chapter
379 679, chapter 679 governs.
380 (2) A transaction subject to this part is subject to any
381 applicable rule of law that establishes a different rule for
382 consumers; any other law or regulation that regulates the rates,
383 charges, agreements, and practices for loans, credit sales, or
384 other extensions of credit; and chapter 501.
385 Section 6. Section 669.104, Florida Statutes, is created
386 to read:
387 669.104 Rights in controllable account, controllable
388 electronic record, and controllable payment intangible.—
389 (1) This section applies to the acquisition and purchase
390 of rights in a controllable account or controllable payment
391 intangible, including the rights and benefits under subsections
392 (3), (4), (5), (7), and (8) of a purchaser and qualifying
393 purchaser, in the same manner in which this section applies to a
394 controllable electronic record.
395 (2) In determining whether a purchaser of a controllable
396 account or a controllable payment intangible is a qualifying
397 purchaser, the purchaser obtains control of the account or
398 payment intangible if it obtains control of the controllable
399 electronic record that evidences the account or payment
400 intangible.
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401 (3) Except as provided in this section, law other than
402 this part determines whether a person acquires a right in a
403 controllable electronic record and the right that the person
404 acquires.
405 (4) A purchaser of a controllable electronic record
406 acquires all rights in the controllable electronic record which
407 the transferor had, or had power to transfer, except that a
408 purchaser of a limited interest in a controllable electronic
409 record acquires rights only to the extent of the interest
410 purchased.
411 (5) A qualifying purchaser acquires its rights in the
412 controllable electronic record free of a claim of a property
413 right in the controllable electronic record.
414 (6) Except as provided in subsections (1) and (5) for a
415 controllable account and a controllable payment intangible or in
416 law other than this part, a qualifying purchaser takes a right
417 to payment, right to performance, or other interest in property
418 evidenced by the controllable electronic record subject to a
419 claim of a property right in the right to payment, right to
420 performance, or other interest in property.
421 (7) An action may not be asserted against a qualifying
422 purchaser based on both a purchase by the qualifying purchaser
423 of a controllable electronic record and a claim of a property
424 right in another controllable electronic record, regardless of
425 whether the action is framed in conversion, replevin,
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426 constructive trust, equitable lien, or other theory.
427 (8) Filing of a financing statement under chapter 679 is
428 not notice of a claim of a property right in a controllable
429 electronic record.
430 Section 7. Section 669.105, Florida Statutes, is created
431 to read:
432 669.105 Control of controllable electronic record.—
433 (1) A person has control of a controllable electronic
434 record if the electronic record, a record attached to or
435 logically associated with the electronic record, or a system in
436 which the electronic record is recorded:
437 (a) Gives the person:
438 1. Power to avail itself of substantially all of the
439 benefit from the electronic record; and
440 2. Exclusive power, subject to paragraph (b), to:
441 a. Prevent others from availing themselves of
442 substantially all of the benefit from the electronic record; and
443 b. Transfer control of the electronic record to another
444 person or cause another person to obtain control of another
445 controllable electronic record as a result of the transfer of
446 the electronic record; and
447 (b) Enables the person to identify itself readily in any
448 way, including by name, identifying number, cryptographic key,
449 office, or account number, as having the powers specified in
450 paragraph (a).
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451 (2) Except as provided in subsection (3), a power is
452 exclusive under sub-subparagraphs (1)(a)2.a. and b. even if:
453 (a) The controllable electronic record, a record attached
454 to or logically associated with the electronic record, or a
455 system in which the electronic record is recorded limits the use
456 of the electronic record or has a protocol programmed to cause a
457 change, including a transfer or loss of control or a
458 modification of benefits afforded by the electronic record; or
459 (b) The power is shared with another person.
460 (3) A power of a person is not shared with another person
461 under paragraph (2)(b) and the person's power is not exclusive
462 if:
463 (a) The person can exercise the power only if the power
464 also is exercised by the other person; and
465 (b) The other person:
466 1. Can exercise the power without exercise of the power by
467 the person; or
468 2. Is the transferor to the person of an interest in the
469 controllable electronic record or a controllable account or
470 controllable payment intangible evidenced by the controllable
471 electronic record.
472 (4) If a person has the powers specified in sub-
473 subparagraphs (1)(a)2.a. and b., the powers are presumed to be
474 exclusive.
475 (5) A person has control of a controllable electronic
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476 record if another person, other than the transferor to the
477 person of an interest in the controllable electronic record or a
478 controllable account or controllable payment intangible
479 evidenced by the controllable electronic record:
480 (a) Has control of the electronic record and acknowledges
481 that it has control on behalf of the person; or
482 (b) Obtains control of the electronic record after having
483 acknowledged that it will obtain control of the electronic
484 record on behalf of the person.
485 (6) A person that has control under this section is not
486 required to acknowledge that it has control on behalf of another
487 person unless the person otherwise agrees or law other than this
488 part or chapter 679 provides otherwise.
489 (7) If a person acknowledges that it has or will obtain
490 control on behalf of another person, the person does not owe any
491 duty to the other person and is not required to confirm the
492 acknowledgment to any other person.
493 Section 8. Section 669.106, Florida Statutes, is created
494 to read:
495 669.106 Discharge of account debtor on controllable
496 account or controllable payment intangible.—
497 (1) An account debtor on a controllable account or
498 controllable payment intangible may discharge its obligation by
499 paying:
500 (a) The person having control of the controllable
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501 electronic record that evidences the controllable account or
502 controllable payment intangible; or
503 (b) Except as provided in subsection (2), a person that
504 formerly had control of the controllable electronic record.
505 (2) Subject to subsection (4), the account debtor may not
506 discharge its obligation by paying a person that formerly had
507 control of the controllable electronic record if the account
508 debtor receives a notification that:
509 (a) Is signed by a person that formerly had control or the
510 person to which control was transferred;
511 (b) Reasonably identifies the controllable account or
512 controllable payment intangible;
513 (c) Notifies the account debtor that control of the
514 controllable electronic record that evidences the controllable
515 account or controllable payment intangible was transferred;
516 (d) Identifies the transferee, in any reasonable way,
517 including by name, identifying number, cryptographic key,
518 office, or account number; and
519 (e) Provides a commercially reasonable method by which the
520 account debtor is to pay the transferee.
521 (3) After receipt of a notification that complies with
522 subsection (2), the account debtor may discharge its obligation
523 by paying in accordance with the notification and may not
524 discharge the obligation by paying a person that formerly had
525 control.
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526 (4) Subject to subsection (8), notification is ineffective
527 under subsection (2):
528 (a) Unless, before the notification is sent, the account
529 debtor and the person that, at that time, had control of the
530 controllable electronic record that evidences the controllable
531 account or controllable payment intangible agree in a signed
532 record to a commercially reasonable method by which a person may
533 furnish reasonable proof that control has been transferred;
534 (b) To the extent an agreement between the account debtor
535 and seller of a payment intangible limits the account debtor's
536 duty to pay a person other than the seller and the limitation is
537 effective under law other than this part; or
538 (c) At the option of the account debtor, if the
539 notification notifies the account debtor to:
540 1. Divide a payment;
541 2. Make less than the full amount of an installment or
542 other periodic payment; or
543 3. Pay any part of a payment by more than one method or to
544 more than one person.
545 (5) Subject to subsection (8), if requested by the account
546 debtor, the person giving the notification under subsection (2)
547 must seasonably furnish reasonable proof that, using the method
548 in the agreement referred to in paragraph (4)(a), control of the
549 controllable electronic record has been transferred. Unless the
550 person complies with the request, the account debtor may
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551 discharge its obligation by paying a person that formerly had
552 control, even if the account debtor has received a notification
553 under subsection (2).
554 (6) A person furnishes reasonable proof under subsection
555 (5) that control has been transferred if the person demonstrates
556 that, using the method in an agreement made under paragraph
557 (4)(a), the transferee has the power to:
558 (a) Avail itself of substantially all the benefit from the
559 controllable electronic record;
560 (b) Prevent others from availing themselves of
561 substantially all the benefit from the controllable electronic
562 record; and
563 (c) Transfer the powers specified in paragraphs (a) and
564 (b) to another person.
565 (7) Subject to subsection (8), an account debtor may not
566 waive or vary its rights under paragraph (4)(a) and subsection
567 (5) or its option under paragraph (4)(c).
568 (8) This section is subject to law other than this part
569 which establishes a different rule for an account debtor who is
570 an individual and who incurred the obligation primarily for
571 personal, family, or household purposes.
572 Section 9. Section 669.107, Florida Statutes, is created
573 to read:
574 669.107 Governing law.—
575 (1) Except as provided in subsection (2), the local law of
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576 a controllable electronic record's jurisdiction governs a matter
577 covered by this part.
578 (2) For a controllable electronic record that evidences a
579 controllable account or controllable payment intangible, the
580 local law of the controllable electronic record's jurisdiction
581 governs a matter covered by s. 669.106 unless an effective
582 agreement determines that the local law of another jurisdiction
583 governs.
584 (3) The following rules determine a controllable
585 electronic record's jurisdiction under this section:
586 (a) If the controllable electronic record, or a record
587 attached to or logically associated with the controllable
588 electronic record and readily available for review, expressly
589 provides that a particular jurisdiction is the controllable
590 electronic record's jurisdiction for purposes of this part or
591 the Uniform Commercial Code, that jurisdiction is the
592 controllable electronic record's jurisdiction.
593 (b) If paragraph (a) does not apply and the rules of the
594 system in which the controllable electronic record is recorded
595 are readily available for review and expressly provide that a
596 particular jurisdiction is the controllable electronic record's
597 jurisdiction for purposes of this part or the Uniform Commercial
598 Code, that jurisdiction is the controllable electronic record's
599 jurisdiction.
600 (c) If paragraphs (a) and (b) do not apply and the
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601 controllable electronic record, or a record attached to or
602 logically associated with the controllable electronic record and
603 readily available for review, expressly provides that the
604 controllable electronic record is governed by the law of a
605 particular jurisdiction, that jurisdiction is the controllable
606 electronic record's jurisdiction.
607 (d) If paragraphs (a), (b), and (c) do not apply and the
608 rules of the system in which the controllable electronic record
609 is recorded are readily available for review and expressly
610 provide that the controllable electronic record or the system is
611 governed by the law of a particular jurisdiction, that
612 jurisdiction is the controllable electronic record's
613 jurisdiction.
614 (e) If paragraphs (a)-(d) do not apply, the controllable
615 electronic record's jurisdiction is the District of Columbia.
616 (4) If paragraph (3)(e) applies, and Article 12 is not in
617 effect without material modification in the District of
618 Columbia, the governing law for a matter subject to this part is
619 the law of the District of Columbia as though Article 12 were in
620 effect without material modification in the District of
621 Columbia. For the purposes of this subsection, the term "Article
622 12" means Article 12 of the Uniform Commercial Code Amendments
623 (2022).
624 (5) To the extent subsections (1) and (2) provide that the
625 local law of the controllable electronic record's jurisdiction
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626 governs a matter covered by this part, that law governs even if
627 the matter or a transaction to which the matter relates does not
628 bear any relation to the controllable electronic record's
629 jurisdiction.
630 (6) The rights acquired under s. 669.104 by a purchaser or
631 qualifying purchaser are governed by the law applicable under
632 this section at the time of purchase.
633 Section 10. Part II of chapter 669, Florida Statutes,
634 consisting of ss. 669.501-669.706, Florida Statutes, is created
635 and entitled "Transitional Provisions."
636 Section 11. Section 669.501, Florida Statutes, is created
637 to read:
638 669.501 Short title.—This part may be cited as "Uniform
639 Commercial Code-Controllable Electronic Records."
640 Section 12. Section 669.502, Florida Statutes, is created
641 to read:
642 669.502 Definitions.—As used in this part:
643 (1)(a) "Adjustment date" means July 1, 2026.
644 (b) "Article 12" means Article 12 of the Uniform
645 Commercial Code.
646 (c) "Article 12 property" means a controllable account,
647 controllable electronic record, or controllable payment
648 intangible.
649 (2) Other definitions applying to this chapter and the
650 sections in which they appear are:
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651 "Controllable account," s. 679.1021.
652 "Controllable electronic record," s. 669.102.
653 "Controllable payment intangible," s. 679.1021.
654 "Electronic money," s. 679.1021.
655 "Financing statement," s. 679.1021.
656 (3) The general definitions and principles of construction
657 and interpretation contained in chapter 671 apply to this part.
658 Section 13. Section 669.601, Florida Statutes, is created
659 to read:
660 669.601 Saving clause.—Except as otherwise provided in
661 this part, a transaction validly entered into before July 1,
662 2025, and the rights, duties, and interests flowing from such
663 transaction remain valid thereafter and may be terminated,
664 completed, consummated, or enforced as required or permitted by
665 law other than the Uniform Commercial Code or, if applicable, by
666 the Uniform Commercial Code as though this act had not taken
667 effect.
668 Section 14. Section 669.701, Florida Statutes, is created
669 to read:
670 669.701 Saving clause.—
671 (1) Except as provided in this part, chapter 679 as it
672 existed on July 1, 2025, and Article 12 apply to a transaction,
673 lien, or other interest in property, even if the transaction,
674 lien, or interest was entered into, created, or acquired before
675 July 1, 2025.
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676 (2) Except as provided in subsection (3) and ss. 669.702-
677 669.706, both of the following apply:
678 (a) A transaction, lien, or interest in property that was
679 validly entered into, created, or transferred before July 1,
680 2025, and that was not governed by the Uniform Commercial Code
681 but would be subject to chapter 679 as it existed on July 1,
682 2025, or to Article 12 if the transaction had been entered into,
683 created, or transferred on or after July 1, 2025, including the
684 rights, duties, and interests flowing from the transaction,
685 lien, or interest, remains valid on and after July 1, 2025.
686 (b) The transaction, lien, or interest may be terminated,
687 completed, consummated, and enforced as required or permitted by
688 this part or by the law that would apply if this part had not
689 taken effect.
690 (3) This section does not affect an action, a case, or a
691 proceeding commenced before July 1, 2025.
692 Section 15. Section 669.702, Florida Statutes, is created
693 to read:
694 669.702 Security interest perfected before effective
695 date.—
696 (1) A security interest that is enforceable and perfected
697 immediately before July 1, 2025, is a perfected security
698 interest under this act if, on July 1, 2025, the requirements
699 for enforceability and perfection under this section are fully
700 satisfied without further action.
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701 (2) If a security interest is enforceable and perfected
702 immediately before July 1, 2025, but the requirements for
703 enforceability or perfection under this act are not satisfied by
704 July 1, 2025, all of the following apply to the security
705 interest:
706 (a) It is a perfected security interest until the earlier
707 of the time perfection would have ceased under the law in effect
708 immediately before July 1, 2025, or the adjustment date.
709 (b) It remains enforceable thereafter only if the security
710 interest satisfies the requirements for enforceability under s.
711 679.2031, as it existed on July 1, 2025, before the adjustment
712 date.
713 (c) It remains perfected thereafter only if the
714 requirements for perfection under this section are satisfied
715 immediately before July 1, 2025.
716 Section 16. Section 669.703, Florida Statutes, is created
717 to read:
718 669.703 Security interest unperfected before effective
719 date.—A security interest that is enforceable immediately before
720 July 1, 2025, but is unperfected by that date:
721 (1) Remains an enforceable security interest until the
722 adjustment date;
723 (2) Remains enforceable thereafter if the security
724 interest becomes enforceable under s. 679.2031, as it existed on
725 July 1, 2025, or before the adjustment date; and
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726 (3) Becomes perfected:
727 (a) Without further action, by July 1, 2025, if the
728 requirements for perfection under this act are satisfied on or
729 before that date; or
730 (b) When the requirements for perfection are satisfied, if
731 satisfaction occurs after July 1, 2025.
732 Section 17. Section 669.704, Florida Statutes, is created
733 to read:
734 669.704 Effectiveness of actions taken before effective
735 date.—
736 (1) If action, other than the filing of a financing
737 statement, is taken before July 1, 2025, and the action would
738 have resulted in perfection of the security interest had the
739 security interest become enforceable before July 1, 2025, the
740 action is effective to perfect a security interest that attaches
741 under this part before the adjustment date. An attached security
742 interest becomes unperfected on the adjustment date unless the
743 security interest becomes a perfected security interest under
744 this part before the adjustment date.
745 (2) The filing of a financing statement before July 1,
746 2025, is effective to perfect a security interest on July 1,
747 2025, to the extent the filing would satisfy the requirements
748 for perfection under this part.
749 (3) Action taken before July 1, 2025, is sufficient for
750 the enforceability of a security interest as of July 1, 2025, if
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751 the action satisfies the requirements for enforceability under
752 this part.
753 Section 18. Section 669.705, Florida Statutes, is created
754 to read:
755 669.705 Priority.—
756 (1) Subject to subsections (2) and (3), this section
757 determines the priority of conflicting claims to collateral.
758 (2) Subject to subsection (3), if the priority of claims
759 to collateral was established before July 1, 2025, chapter 679
760 as in effect before July 1, 2025, determines priority.
761 (3) On the adjustment date, to the extent the priorities
762 determined by chapter 679 as amended by this part modify the
763 priorities established before July 1, 2025, the priorities of
764 claims to Article 12 property and electronic money established
765 before July 1, 2025, cease to apply.
766 Section 19. Section 669.706, Florida Statutes, is created
767 to read:
768 669.706 Priority of claims when priority rules of chapter
769 679 do not apply.—
770 (1) Subject to subsections (2) and (3), Article 12
771 determines the priority of conflicting claims to Article 12
772 property when the priority rules of chapter 679 as amended by
773 this act do not apply.
774 (2) Subject to subsection (3), when the priority rules of
775 chapter 679 as amended by this act do not apply and the
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776 priorities of claims to Article 12 property were established
777 before July 1, 2025, law other than Article 12 determines
778 priority.
779 (3) When the priority rules of chapter 679 as amended by
780 this part do not apply, to the extent the priorities determined
781 by this act modify the priorities established as of July 1,
782 2025, the priorities of claims to Article 12 property
783 established before July 1, 2025, cease to apply on the
784 adjustment date.
785 Section 20. Paragraph (c) of subsection (1) of section
786 670.103, Florida Statutes, is amended to read:
787 670.103 Payment order: definitions.—
788 (1) In this chapter, the term:
789 (c) "Payment order" means an instruction of a sender to a
790 receiving bank, transmitted orally or in a record,
791 electronically, or in writing, to pay, or to cause another bank
792 to pay, a fixed or determinable amount of money to a beneficiary
793 if:
794 1. The instruction does not state a condition to payment
795 to the beneficiary other than time of payment;
796 2. The receiving bank is to be reimbursed by debiting an
797 account of, or otherwise receiving payment from, the sender; and
798 3. The instruction is transmitted by the sender directly
799 to the receiving bank or to an agent, funds-transfer system, or
800 communication system for transmittal to the receiving bank.
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801 Section 21. Section 670.201, Florida Statutes, is amended
802 to read:
803 670.201 Security procedure.—For purposes of this section,
804 the term "security procedure" means a procedure established by
805 agreement of a customer and a receiving bank for the purpose of:
806 (1) Verifying that a payment order or communication
807 amending or canceling a payment order is that of the customer;
808 or
809 (2) Detecting error in the transmission or the content of
810 the payment order or communication.
811
812 A security procedure may impose an obligation on the receiving
813 bank or the customer and may require the use of algorithms or
814 other codes, identifying words, or numbers, symbols, sounds,
815 biometrics, encryption, callback procedures, or similar security
816 devices. Comparison of a signature on a payment order or
817 communication with an authorized specimen signature of the
818 customer or requiring a payment order to be sent from a known e-
819 mail address, Internet protocol address, or telephone number is
820 not by itself a security procedure.
821 Section 22. Subsections (2) and (3) of section 670.202,
822 Florida Statutes, are amended, and subsection (6) of that
823 section is republished, to read:
824 670.202 Authorized and verified payment orders.—
825 (2) If a bank and its customer have agreed that the
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826 authenticity of payment orders issued to the bank in the name of
827 the customer as sender will be verified pursuant to a security
828 procedure, a payment order received by the receiving bank is
829 effective as the order of the customer, whether or not
830 authorized, if the security procedure is a commercially
831 reasonable method of providing security against unauthorized
832 payment orders and the bank proves that it accepted the payment
833 order in good faith and in compliance with the bank's
834 obligations under the security procedure and any written
835 agreement or instruction of the customer, evidenced by a record,
836 restricting acceptance of payment orders issued in the name of
837 the customer. The bank is not required to follow an instruction
838 that violates an a written agreement with the customer,
839 evidenced by a record, or notice of which is not received at a
840 time and in a manner affording the bank a reasonable opportunity
841 to act on it before the payment order is accepted.
842 (3) The commercial reasonableness of a security procedure
843 is a question of law to be determined by considering the wishes
844 of the customer expressed to the bank; the circumstances of the
845 customer known to the bank, including the size, type, and
846 frequency of payment orders normally issued by the customer to
847 the bank; alternative security procedures offered to the
848 customer; and security procedures in general use by customers
849 and receiving banks similarly situated. A security procedure is
850 deemed to be commercially reasonable if:
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851 (a) The security procedure was chosen by the customer
852 after the bank offered, and the customer refused, a security
853 procedure that was commercially reasonable for that customer;
854 and
855 (b) The customer expressly agreed in a record writing to
856 be bound by any payment order, whether or not authorized, issued
857 in its name and accepted by the bank in compliance with the
858 bank's obligations under the security procedure chosen by the
859 customer.
860 (6) Except as provided in this section and in s.
861 670.203(1)(a), rights and obligations arising under this section
862 or s. 670.203 may not be varied by agreement.
863 Section 23. Paragraph (a) of subsection (1) of section
864 670.203, Florida Statutes, is amended to read:
865 670.203 Unenforceability of certain verified payment
866 orders.—
867 (1) If an accepted payment order is not, under s.
868 670.202(1), an authorized order of a customer identified as
869 sender, but is effective as an order of the customer pursuant to
870 s. 670.202(2), the following rules apply:
871 (a) By express written agreement evidenced by a record,
872 the receiving bank may limit the extent to which it is entitled
873 to enforce or retain payment of the payment order.
874 Section 24. Paragraph (b) of subsection (3) of section
875 670.207, Florida Statutes, is amended to read:
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876 670.207 Misdescription of beneficiary.—
877 (3) If a payment order described in subsection (2) is
878 accepted, the originator's payment order described the
879 beneficiary inconsistently by name and number, and the
880 beneficiary's bank pays the person identified by number as
881 permitted by paragraph (2)(a), the following rules apply:
882 (b) If the originator is not a bank and proves that the
883 person identified by number was not entitled to receive payment
884 from the originator, the originator is not obliged to pay its
885 order unless the originator's bank proves that the originator,
886 before acceptance of the originator's order, had notice that
887 payment of a payment order issued by the originator might be
888 made by the beneficiary's bank on the basis of an identifying or
889 bank account number even if it identifies a person different
890 from the named beneficiary. Proof of notice may be made by any
891 admissible evidence. The originator's bank satisfies the burden
892 of proof if it proves that the originator, before the payment
893 order was accepted, signed a record writing stating the
894 information to which the notice relates.
895 Section 25. Paragraph (b) of subsection (2) of section
896 670.208, Florida Statutes, is amended to read:
897 670.208 Misdescription of intermediary bank or
898 beneficiary's bank.—
899 (2) This subsection applies to a payment order identifying
900 an intermediary bank or the beneficiary's bank both by name and
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901 an identifying number if the name and number identify different
902 persons.
903 (b) If the sender is not a bank and the receiving bank
904 proves that the sender, before the payment order was accepted,
905 had notice that the receiving bank might rely on the number as
906 the proper identification of the intermediary or beneficiary's
907 bank even if it identifies a person different from the bank
908 identified by name, the rights and obligations of the sender and
909 the receiving bank are governed by paragraph (a), as though the
910 sender were a bank. Proof of notice may be made by any
911 admissible evidence. The receiving bank satisfies the burden of
912 proof if it proves that the sender, before the payment order was
913 accepted, signed a record writing stating the information to
914 which the notice relates.
915 Section 26. Subsection (1) of section 670.21, Florida
916 Statutes, is amended to read:
917 670.21 Rejection of payment order.—
918 (1) A payment order is rejected by the receiving bank by a
919 notice of rejection transmitted to the sender orally,
920 electronically, or in a record writing. A notice of rejection
921 need not use any particular words and is sufficient if it
922 indicates that the receiving bank is rejecting the order or will
923 not execute or pay the order. Rejection is effective when the
924 notice is given if transmission is by a means that is reasonable
925 in the circumstances. If notice of rejection is given by a means
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926 that is not reasonable, rejection is effective when the notice
927 is received. If an agreement of the sender and receiving bank
928 establishes the means to be used to reject a payment order:
929 (a) Any means complying with the agreement is reasonable;
930 and
931 (b) Any means not complying is not reasonable unless no
932 significant delay in receipt of the notice resulted from the use
933 of the noncomplying means.
934 Section 27. Subsection (1) of section 670.211, Florida
935 Statutes, is amended to read:
936 670.211 Cancellation and amendment of payment order.—
937 (1) A communication of the sender of a payment order
938 canceling or amending the order may be transmitted to the
939 receiving bank orally, electronically, or in a record writing.
940 If a security procedure is in effect between the sender and the
941 receiving bank, the communication is not effective to cancel or
942 amend the order unless the communication is verified pursuant to
943 the security procedure or the bank agrees to the cancellation or
944 amendment.
945 Section 28. Subsections (3) and (4) of section 670.305,
946 Florida Statutes, are amended to read:
947 670.305 Liability for late or improper execution or
948 failure to execute payment order.—
949 (3) In addition to the amounts payable under subsections
950 (1) and (2), damages, including consequential damages, are
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951 recoverable to the extent provided in an express written
952 agreement of the receiving bank, evidenced by a record.
953 (4) If a receiving bank fails to execute a payment order
954 it was obliged by express agreement to execute, the receiving
955 bank is liable to the sender for its expenses in the transaction
956 and for incidental expenses and interest losses resulting from
957 the failure to execute. Additional damages, including
958 consequential damages, are recoverable to the extent provided in
959 an express written agreement of the receiving bank, evidenced by
960 a record, but are not otherwise recoverable.
961 Section 29. Part VI of chapter 670, Florida Statutes,
962 consisting of s. 670.601, Florida Statutes, is created and
963 entitled "Transitional Provisions."
964 Section 30. Section 670.601, Florida Statutes, is created
965 to read:
966 670.601 Saving clause.—Except as provided in ss. 669.501-
967 669.706, a transaction validly entered into before July 1, 2025,
968 and the rights, duties, and interests flowing from such
969 transaction remain valid thereafter and may be terminated,
970 completed, consummated, or enforced as required or permitted by
971 law other than the Uniform Commercial Code or, if applicable,
972 the Uniform Commercial Code as though this act had not taken
973 effect.
974 Section 31. Subsection (1) of section 671.101, Florida
975 Statutes, is amended to read:
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976 671.101 Short title; scope of chapter.—
977 (1) Chapters 669-680 670-680 may be cited as the "Uniform
978 Commercial Code" or "code."
979 Section 32. Paragraphs (a) through (g) of subsection (2)
980 of section 671.105, Florida Statutes, are redesignated as
981 paragraphs (b) through (h), respectively, a new paragraph (a) is
982 added to that subsection, and present paragraphs (d) and (e) of
983 that subsection are republished, to read:
984 671.105 Territorial application of the code; parties'
985 power to choose applicable law.—
986 (2) When one of the following provisions of this code
987 specifies the applicable law, that provision governs; and a
988 contrary agreement is effective only to the extent permitted by
989 the law (including the conflict-of-laws rules) so specified:
990 (a) Governing law in the chapter on controllable
991 electronic records. (s. 669.107).
992 (e)(d) Applicability of the chapter on letters of credit.
993 (s. 675.116)
994 (f)(e) Applicability of the chapter on investment
995 securities. (s. 678.1101)
996 Section 33. Section 671.107, Florida Statutes, is amended
997 to read:
998 671.107 Waiver or renunciation of claim or right after
999 breach.—A claim or right arising out of an alleged breach can be
1000 discharged in whole or in part without consideration by
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1001 agreement of the aggrieved party in a signed an authenticated
1002 record.
1003 Section 34. Present subsections (18) through (47) of
1004 section 671.201, Florida Statutes, are redesignated as
1005 subsections (19) through (48), respectively, a new subsection
1006 (18) is added to that section, and present subsections (11),
1007 (16), (22), (26), (27), (31), (40), and (41) of that section are
1008 amended, to read:
1009 671.201 General definitions.—Unless the context otherwise
1010 requires, words or phrases defined in this section, or in the
1011 additional definitions contained in other chapters of this code
1012 which apply to particular chapters or parts thereof, have the
1013 meanings stated. Subject to definitions contained in other
1014 chapters of this code which apply to particular chapters or
1015 parts thereof, the term:
1016 (11) "Conspicuous," with reference to a term, means so
1017 written, displayed, or presented that, based on the totality of
1018 the circumstances, a reasonable person against which it is to
1019 operate ought to have noticed it. Whether a term is
1020 "conspicuous" is a decision for the court. Conspicuous terms
1021 include the following:
1022 (a) A heading in capitals equal to or greater in size than
1023 the surrounding text, or in contrasting type, font, or color to
1024 the surrounding text of the same or lesser size; and
1025 (b) Language in the body of a record or display in larger
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1026 type than the surrounding text or set off from surrounding text
1027 of the same size by symbols or other marks that call attention
1028 to the language.
1029 (16) "Delivery," with respect to an electronic document of
1030 title, means voluntary transfer of control and, "delivery," with
1031 respect to instruments, tangible document of title, or an
1032 authoritative tangible copy of a record evidencing chattel
1033 paper, or certificated securities, means voluntary transfer of
1034 possession.
1035 (18) "Electronic" means relating to technology having
1036 electrical, digital, magnetic, wireless, optical,
1037 electromagnetic, or similar capabilities.
1038 (23)(22) "Holder" means:
1039 (a) The person in possession of a negotiable instrument
1040 that is payable either to bearer or to an identified person that
1041 is the person in possession;
1042 (b) The person in possession of a negotiable tangible
1043 document of title if the goods are deliverable either to bearer
1044 or to the order of the person in possession; or
1045 (c) The person in control, other than pursuant to s.
1046 677.106(7), of a negotiable electronic document of title.
1047 (27)(26) Subject to subsection (29) (28), a person has
1048 "notice" of a fact if the person:
1049 (a) Has actual knowledge of it;
1050 (b) Has received a notice or notification of it; or
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1051 (c) From all the facts and circumstances known to the
1052 person at the time in question, has reason to know that it
1053 exists. A person "knows" or has "knowledge" of a fact when the
1054 person has actual knowledge of it. "Discover" or "learn" or a
1055 word or phrase of similar import refers to knowledge rather than
1056 to reason to know. The time and circumstances under which a
1057 notice or notification may cease to be effective are not
1058 determined by this section.
1059 (28)(27) A person "notifies" or "gives" a notice or
1060 notification to another person by taking such steps as may be
1061 reasonably required to inform the other person in ordinary
1062 course, whether or not the other person actually comes to know
1063 of it. Subject to subsection (29) (28), a person "receives" a
1064 notice or notification when:
1065 (a) It comes to that person's attention; or
1066 (b) It is duly delivered in a form reasonable under the
1067 circumstances at the place of business through which the
1068 contract was made or at another location held out by that person
1069 as the place for receipt of such communications.
1070 (32)(31) "Person" means an individual; corporation;
1071 business trust; estate; trust; partnership; limited liability
1072 company; association; joint venture; government; governmental
1073 subdivision, agency, or instrumentality; public corporation; or
1074 any other legal or commercial entity. The term includes a
1075 protected series, however denominated, of an entity if the
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1076 protected series is established under law other than the Uniform
1077 Commercial Code which limits, or conditionally limits if
1078 conditions specified under the law are satisfied, the ability of
1079 a creditor of the entity or of any other protected series of the
1080 entity to satisfy a claim from assets of the protected series.
1081 (41)(40) "Send," in connection with a writing, record, or
1082 notification notice, means:
1083 (a) To deposit in the mail, or deliver for transmission,
1084 or transmit by any other usual means of communication, with
1085 postage or cost of transmission provided for, and properly
1086 addressed and, in the case of an instrument, to an address
1087 specified thereon or otherwise agreed or, if there be none, to
1088 any address reasonable under the circumstances; or
1089 (b) To cause the record or notification to be received
1090 within the time it would have been received if properly sent
1091 under paragraph (a) In any other way to cause to be received any
1092 record or notice within the time it would have arrived if
1093 properly sent.
1094 (42)(41) "Sign," "signing," "signed," or "signature"
1095 means, with present intent to authenticate or adopt a record,
1096 to:
1097 (a) Execute or adopt a tangible symbol; or
1098 (b) Attach to or logically associate with the record an
1099 electronic symbol, sound, or process means bearing any symbol
1100 executed or adopted by a party with present intention to adopt
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1101 or accept a writing.
1102 Section 35. Section 671.211, Florida Statutes, is amended
1103 to read:
1104 671.211 Value.—Except as otherwise provided with respect
1105 to negotiable instruments and bank collections as provided in
1106 chapter 669 and ss. 673.3031, 674.2101, and 674.2111, a person
1107 gives value for rights if the person acquires them:
1108 (1) In return for a binding commitment to extend credit or
1109 for the extension of immediately available credit whether or not
1110 drawn upon and whether or not a charge-back is provided for in
1111 the event of difficulties in collection;
1112 (2) As security for, or in total or partial satisfaction
1113 of, a preexisting claim;
1114 (3) By accepting delivery under a preexisting contract for
1115 purchase; or
1116 (4) In return for any consideration sufficient to support
1117 a simple contract.
1118 Section 36. Part IV of chapter 671, Florida Statutes,
1119 consisting of s. 671.401, Florida Statutes, is created and
1120 entitled "Transitional Provisions."
1121 Section 37. Section 671.401, Florida Statutes, is created
1122 to read:
1123 671.401 Saving clause.—Except as provided in ss. 669.501-
1124 669.706, a transaction validly entered into before July 1, 2025,
1125 and the rights, duties, and interests flowing from such
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1126 transaction remain valid thereafter and may be terminated,
1127 completed, consummated, or enforced as required or permitted by
1128 law other than the Uniform Commercial Code or, if applicable, by
1129 the Uniform Commercial Code as though this act had not taken
1130 effect.
1131 Section 38. Section 672.102, Florida Statutes, is amended
1132 to read:
1133 672.102 Scope; certain security and other transactions
1134 excluded from this chapter.—
1135 (1) Unless the context otherwise requires, and except as
1136 provided in subsection (2), this chapter applies to transactions
1137 in goods and, in the case of a hybrid transaction:
1138 (a) If the sale-of-goods aspects do not predominate, only
1139 those provisions of this chapter which relate primarily to the
1140 sale-of-goods aspects of the transaction apply, and those
1141 provisions that relate primarily to the transaction as a whole
1142 do not apply.
1143 (b) If the sale-of-goods aspects predominate, this chapter
1144 applies to the transaction but does not preclude application in
1145 appropriate circumstances of other law to aspects of the
1146 transaction which do not relate to the sale of goods.
1147 (2) This chapter does not do the following:
1148 (a) Apply to a transaction that, even though in the form
1149 of an unconditional contract to sell or present sale, operates
1150 only to create a security interest.
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1151 (b) Impair or repeal a statute regulating sales to
1152 consumers, farmers, or other specified classes of buyers; it
1153 does not apply to any transaction which although in the form of
1154 an unconditional contract to sell or present sale is intended to
1155 operate only as a security transaction nor does this chapter
1156 impair or repeal any statute regulating sales to consumers,
1157 farmers or other specified classes of buyers.
1158 Section 39. Section 672.106, Florida Statutes, is amended
1159 to read:
1160 672.106 Definitions: "contract"; "agreement"; "contract
1161 for sale"; "sale"; "present sale"; "conforming" to contract;
1162 "termination"; "cancellation."; "hybrid transaction."—
1163 (1) In this chapter, unless the context clearly requires
1164 otherwise, the meaning of the terms requires "contract" and
1165 "agreement" is are limited to those contracts and agreements
1166 relating to the present or future sale of goods. The term
1167 "contract for sale" includes both a present sale of goods and a
1168 contract to sell goods at a future time. A "sale" consists in
1169 the passing of title from the seller to the buyer for a price
1170 (s. 672.401). A "present sale" means a sale which is
1171 accomplished by the making of the contract.
1172 (2) Goods or conduct including any part of a performance
1173 are "conforming" or conform to the contract when they are in
1174 accordance with the obligations under the contract.
1175 (3) "Termination" occurs when either party pursuant to a
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1176 power created by agreement or law puts an end to the contract
1177 otherwise than for its breach. Upon On termination, all
1178 obligations that which are still executory on both sides are
1179 discharged but any right based on prior breach or performance
1180 survives.
1181 (4) "Cancellation" occurs when either party puts an end to
1182 the contract for breach by the other and its effect is the same
1183 as that of "termination" except that the canceling party also
1184 retains any remedy for breach of the whole contract or any
1185 unperformed balance.
1186 (5) The term "hybrid transaction" means a single
1187 transaction involving a sale of goods and any of the following:
1188 (a) The provision of services.
1189 (b) A lease of other goods.
1190 (c) A sale, lease, or license of property other than
1191 goods.
1192 Section 40. Subsections (1) and (2) of section 672.201,
1193 Florida Statutes, are amended to read:
1194 672.201 Formal requirements; statute of frauds.—
1195 (1) Except as otherwise provided in this section a
1196 contract for the sale of goods for the price of $500 or more is
1197 not enforceable by way of action or defense unless there is a
1198 record some writing sufficient to indicate that a contract for
1199 sale has been made between the parties and signed by the party
1200 against whom enforcement is sought or by the party's his or her
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1201 authorized agent or broker. A record writing is not insufficient
1202 because it omits or incorrectly states a term agreed upon but
1203 the contract is not enforceable under this subsection paragraph
1204 beyond the quantity of goods shown in the record such writing.
1205 (2) Between merchants if within a reasonable time a record
1206 writing in confirmation of the contract and sufficient against
1207 the sender is received and the party receiving it has reason to
1208 know its contents, it satisfies the requirements of subsection
1209 (1) against the such party unless written notice in a record of
1210 objection to its contents is given within 10 days after it is
1211 received.
1212 Section 41. Section 672.202, Florida Statutes, is amended
1213 to read:
1214 672.202 Final written expression; parol or extrinsic
1215 evidence.—Terms with respect to which the confirmatory memoranda
1216 of the parties agree or which are otherwise set forth in a
1217 record writing intended by the parties as a final expression of
1218 their agreement with respect to such terms as are included
1219 therein may not be contradicted by evidence of any prior
1220 agreement or of a contemporaneous oral agreement but may be
1221 explained or supplemented:
1222 (1) By course of dealing or usage of trade (s. 671.205) or
1223 by course of performance (s. 672.208); and
1224 (2) By evidence of consistent additional terms unless the
1225 court finds the record writing to have been intended also as a
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1226 complete and exclusive statement of the terms of the agreement.
1227 Section 42. Section 672.203, Florida Statutes, is amended
1228 to read:
1229 672.203 Seals inoperative.—The affixing of a seal to a
1230 record writing evidencing a contract for sale or an offer to buy
1231 or sell goods does not constitute a record the writing a sealed
1232 instrument and the law with respect to sealed instruments does
1233 not apply to such a contract or offer.
1234 Section 43. Section 672.205, Florida Statutes, is amended
1235 to read:
1236 672.205 Firm offers.—An offer by a merchant to buy or sell
1237 goods in a signed record writing which by its terms gives
1238 assurance that it will be held open is not revocable, for lack
1239 of consideration, during the time stated or if no time is stated
1240 for a reasonable time, but in no event may such period of
1241 irrevocability exceed 3 months; but any such term of assurance
1242 on a form supplied by the offeree must be separately signed by
1243 the offeror.
1244 Section 44. Subsection (2) of section 672.209, Florida
1245 Statutes, is amended to read:
1246 672.209 Modification, rescission, and waiver.—
1247 (2) A signed agreement which excludes modification or
1248 rescission except by a signed writing or other signed record
1249 cannot be otherwise modified or rescinded, but except as between
1250 merchants such a requirement on a form supplied by the merchant
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1251 must be separately signed by the other party.
1252 Section 45. Part VIII of chapter 672, Florida Statutes,
1253 consisting of s. 672.801, Florida Statutes, is created and
1254 entitled "Transitional Provisions."
1255 Section 46. Section 672.801, Florida Statutes, is created
1256 to read:
1257 672.801 Saving clause.—Except as provided in ss. 669.501-
1258 669.706, a transaction validly entered into before July 1, 2025,
1259 and the rights, duties, and interests flowing from such
1260 transaction remain valid thereafter and may be terminated,
1261 completed, consummated, or enforced as required or permitted by
1262 law other than the Uniform Commercial Code or, if applicable, by
1263 the Uniform Commercial Code as though this act had not taken
1264 effect.
1265 Section 47. Subsection (1) of section 673.1041, Florida
1266 Statutes, is amended to read:
1267 673.1041 Negotiable instrument.—
1268 (1) Except as provided in subsections (3), (4), and (11),
1269 the term "negotiable instrument" means an unconditional promise
1270 or order to pay a fixed amount of money, with or without
1271 interest or other charges described in the promise or order, if
1272 it:
1273 (a) Is payable to bearer or to order at the time it is
1274 issued or first comes into possession of a holder;
1275 (b) Is payable on demand or at a definite time; and
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1276 (c) Does not state any other undertaking or instruction by
1277 the person promising or ordering payment to do any act in
1278 addition to the payment of money, but the promise or order may
1279 contain:
1280 1. An undertaking or power to give, maintain, or protect
1281 collateral to secure payment;
1282 2. An authorization or power to the holder to confess
1283 judgment or realize on or dispose of collateral; or
1284 3. A waiver of the benefit of any law intended for the
1285 advantage or protection of an obligor;
1286 4. A term that specifies the law that governs the promise
1287 or order; or
1288 5. An undertaking to resolve, in a specified forum, a
1289 dispute concerning the promise or order.
1290 Section 48. Subsection (1) of section 673.1051, Florida
1291 Statutes, is amended to read:
1292 673.1051 Issue of instrument.—
1293 (1) The term "issue" means:
1294 (a) The first delivery of an instrument by the maker or
1295 drawer, whether to a holder or nonholder, for the purpose of
1296 giving rights on the instrument to any person; or
1297 (b) If agreed to by the payee, the first transmission by
1298 the drawer to the payee of an image of an item and information
1299 derived from the item which enables the depositary bank to
1300 collect the item under federal law by transferring or presenting
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1301 an electronic check.
1302 Section 49. Section 673.4011, Florida Statutes, is amended
1303 to read:
1304 673.4011 Signature.—
1305 (1) A person is not liable on an instrument unless:
1306 (a) the person signed the instrument; or
1307 (b) the person is represented by an agent or
1308 representative who signed the instrument, and the signature is
1309 binding on the represented person under s. 673.4021.
1310 (2) A signature may be made:
1311 (a) Manually or by means of a device or machine; and
1312 (b) By the use of any name, including a trade or assumed
1313 name, or by a word, mark, or symbol executed or adopted by a
1314 person with present intention to authenticate a writing.
1315 Section 50. Subsection (1) of section 673.6041, Florida
1316 Statutes, is amended to read:
1317 673.6041 Discharge by cancellation or renunciation.—
1318 (1) A person entitled to enforce an instrument, with or
1319 without consideration, may discharge the obligation of a party
1320 to pay the instrument:
1321 (a) By an intentional voluntary act, such as:
1322 1. Surrender of the instrument to the party;
1323 2. Destruction, mutilation, or cancellation of the
1324 instrument;
1325 3. Cancellation or striking out of the party's signature;
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1326 or
1327 4. Addition of words to the instrument indicating
1328 discharge; or
1329 (b) By agreeing not to sue or otherwise renouncing rights
1330 against the party by a signed writing.
1331
1332 The obligation of a party to pay a check is not discharged
1333 solely by destruction of the check in connection with a process
1334 that involves the extraction of information from the check and
1335 an image of the check is made and, subsequently, the information
1336 and image are transmitted for payment.
1337 Section 51. Part VII of chapter 673, Florida Statutes,
1338 consisting of s. 673.702, Florida Statutes, is created and
1339 entitled "Transitional Provisions."
1340 Section 52. Section 673.702, Florida Statutes, is created
1341 to read:
1342 673.702 Savings clause.—Except as provided in ss. 669.501-
1343 669.706, a transaction validly entered into before July 1, 2025,
1344 and the rights, duties, and interests flowing from such
1345 transaction remain valid thereafter and may be terminated,
1346 completed, consummated, or enforced as required or permitted by
1347 law other than the Uniform Commercial Code or, if applicable, by
1348 the Uniform Commercial Code as though this act had not taken
1349 effect.
1350 Section 53. Section 675.104, Florida Statutes, is amended
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1351 to read:
1352 675.104 Formal requirements.—A letter of credit,
1353 confirmation, advice, transfer, amendment, or cancellation may
1354 be issued in any form that is a signed record and is
1355 authenticated by a signature or in accordance with the agreement
1356 of the parties or the standard practice referred to in s.
1357 675.108(5).
1358 Section 54. Section 675.116, Florida Statutes, is amended
1359 to read:
1360 675.116 Choice of law and forum.—
1361 (1) The liability of an issuer, nominated person, or
1362 adviser for action or omission is governed by the law of the
1363 jurisdiction chosen by an agreement in the form of a record
1364 signed or otherwise authenticated by the affected parties in the
1365 manner provided in s. 675.104 or by a provision in the person's
1366 letter of credit, confirmation, or other undertaking. The
1367 jurisdiction whose law is chosen need not bear any relation to
1368 the transaction.
1369 (2) Unless subsection (1) applies, the liability of an
1370 issuer, nominated person, or adviser for action or omission is
1371 governed by the law of the jurisdiction in which the person is
1372 located. The person is considered to be located at the address
1373 indicated in the person's undertaking. If more than one address
1374 is indicated, the person is considered to be located at the
1375 address from which the person's undertaking was issued.
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1376 (a) For the purpose of jurisdiction, choice of law, and
1377 recognition of interbranch letters of credit, but not
1378 enforcement of a judgment, all branches of a bank are considered
1379 separate juridical entities and a bank is considered to be
1380 located at the place where its relevant branch is considered to
1381 be located under paragraph (b) this subsection.
1382 (b) A bank branch is considered to be located at the
1383 address indicated in the branch's undertaking. If more than one
1384 address is indicated, the branch is considered to be located at
1385 the address from which the undertaking was issued.
1386 (c)(3) Except as otherwise provided in this paragraph
1387 subsection, the liability of an issuer, nominated person, or
1388 adviser is governed by any rules of custom or practice, such as
1389 the Uniform Customs and Practice for Documentary Credits, to
1390 which the letter of credit, confirmation, or other undertaking
1391 is expressly made subject. If this chapter governs the liability
1392 of an issuer, nominated person, or adviser under subsection (1)
1393 or this subsection (2), the relevant undertaking incorporates
1394 rules of custom or practice, and there is conflict between this
1395 chapter and such rules as applied to that undertaking, such
1396 rules govern except to the extent of any conflict with the
1397 nonvariable provisions specified in s. 675.102(3).
1398 (3)(4) This chapter governs to the extent of any conflict
1399 between this chapter and chapter 670, chapter 673, chapter 674,
1400 or chapter 679.
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1401 (4)(5) The forum for settling disputes arising out of an
1402 undertaking within this chapter may be chosen in the manner and
1403 with the binding effect that governing law may be chosen in
1404 accordance with subsection (1).
1405 Section 55. Section 675.119, Florida Statutes, is created
1406 to read:
1407 675.119 Saving clause.—Except as provided in ss. 669.501-
1408 669.706, a transaction validly entered into before July 1, 2025,
1409 and the rights, duties, and interests flowing from such
1410 transaction remain valid thereafter and may be terminated,
1411 completed, consummated, or enforced as required or permitted by
1412 law other than the Uniform Commercial Code or, if applicable, by
1413 the Uniform Commercial Code as though this act had not taken
1414 effect.
1415 Section 56. Paragraphs (j) and (l) of subsection (1) of
1416 section 677.102, Florida Statutes, are amended to read:
1417 677.102 Definitions and index of definitions.—
1418 (1) In this chapter, unless the context otherwise
1419 requires:
1420 (j) "Record" means information that is inscribed on a
1421 tangible medium or that is stored in an electronic or other
1422 medium and is retrievable in perceivable form.
1423 (l) "Sign" means, with present intent to authenticate or
1424 adopt a record:
1425 1. To execute or adopt a tangible symbol; or
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1426 2. To attach to or logically associate with the record an
1427 electronic sound, symbol, or process.
1428 Section 57. Subsection (2) of section 677.106, Florida
1429 Statutes, is amended, and subsections (3) through (9) are added
1430 to that section, to read:
1431 677.106 Control of electronic document of title.—
1432 (2) A system satisfies subsection (1), and a person has is
1433 deemed to have control of an electronic document of title, if
1434 the document is created, stored, and transferred assigned in a
1435 manner that:
1436 (a) A single authoritative copy of the document exists
1437 which is unique, identifiable, and, except as otherwise provided
1438 in paragraphs (d), (e), and (f), unalterable;
1439 (b) The authoritative copy identifies the person asserting
1440 control as:
1441 1. The person to which the document was issued; or
1442 2. If the authoritative copy indicates that the document
1443 has been transferred, the person to which the document was most
1444 recently transferred;
1445 (c) The authoritative copy is communicated to and
1446 maintained by the person asserting control or its designated
1447 custodian;
1448 (d) Copies or amendments that add or change an identified
1449 transferee assignee of the authoritative copy can be made only
1450 with the consent of the person asserting control;
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1451 (e) Each copy of the authoritative copy and any copy of a
1452 copy is readily identifiable as a copy that is not the
1453 authoritative copy; and
1454 (f) Any amendment of the authoritative copy is readily
1455 identifiable as authorized or unauthorized.
1456 (3) A system satisfies subsection (1), and a person has
1457 control of an electronic document of title, if an authoritative
1458 electronic copy of the document, a record attached to or
1459 logically associated with the electronic copy, or a system in
1460 which the electronic copy is recorded:
1461 (a) Enables the person to readily identify each electronic
1462 copy as either an authoritative copy or a nonauthoritative copy;
1463 (b) Enables the person to readily identify itself in any
1464 way, including by name, identifying number, cryptographic key,
1465 office, or account number, as the person to which each
1466 authoritative electronic copy was issued or transferred; and
1467 (c) Gives the person exclusive power, subject to
1468 subsection (4), to:
1469 1. Prevent others from adding or changing the person to
1470 which each authoritative electronic copy has been issued or
1471 transferred; and
1472 2. Transfer control of each authoritative electronic copy.
1473 (4) Subject to subsection (5), a power is exclusive under
1474 subparagraphs (3)(c)1. and 2. even if:
1475 (a) The authoritative electronic copy, a record attached
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1476 to or logically associated with the authoritative electronic
1477 copy, or a system in which the authoritative electronic copy is
1478 recorded limits the use of the document of title or has a
1479 protocol that is programmed to cause a change, including a
1480 transfer or loss of control; or
1481 (b) The power is shared with another person.
1482 (5) A power of a person is not shared with another person
1483 under paragraph (4)(b) and the person's power is not exclusive
1484 if:
1485 (a) The person can exercise the power only if the power
1486 also is exercised by the other person; and
1487 (b) The other person:
1488 1. Can exercise the power without exercise of the power by
1489 the person; or
1490 2. Is the transferor to the person of an interest in the
1491 document of title.
1492 (6) If a person has the powers specified in subparagraphs
1493 (3)(c)1. and 2., the powers are presumed to be exclusive.
1494 (7) A person has control of an electronic document of
1495 title if another person, other than the transferor to the person
1496 of an interest in the document:
1497 (a) Has control of the document and acknowledges that it
1498 has control on behalf of the person; or
1499 (b) Obtains control of the document after having
1500 acknowledged that it will obtain control of the document on
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1501 behalf of the person.
1502 (8) A person that has control as provided under this
1503 section is not required to acknowledge that it has control on
1504 behalf of another person.
1505 (9) If a person acknowledges that it has or will obtain
1506 control on behalf of another person, unless the person otherwise
1507 agrees or law other than this chapter or chapter 679 otherwise
1508 provides, the person does not owe any duty to the other person
1509 and is not required to confirm the acknowledgment to any other
1510 person.
1511 Section 58. Part VII of chapter 677, Florida Statutes,
1512 consisting of s. 677.701, Florida Statutes, is created and
1513 entitled "Transitional Provisions."
1514 Section 59. Section 677.701, Florida Statutes, is created
1515 to read:
1516 677.701 Saving clause.—Except as provided in ss. 669.501-
1517 669.706, a transaction validly entered into before July 1, 2025,
1518 and the rights, duties, and interests flowing from such
1519 transaction remain valid thereafter and may be terminated,
1520 completed, consummated, or enforced as required or permitted by
1521 law other than the Uniform Commercial Code or, if applicable, by
1522 the Uniform Commercial Code as though this act had not have
1523 taken effect.
1524 Section 60. Paragraph (f) of subsection (1) and subsection
1525 (2) of section 678.1021, Florida Statutes, are amended, and
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1526 paragraph (i) of subsection (1) of that section is republished,
1527 to read:
1528 678.1021 Definitions.—
1529 (1) In this chapter:
1530 (f) "Communicate" means to:
1531 1. Send a signed record writing; or
1532 2. Transmit information by any mechanism agreed upon by
1533 the persons transmitting and receiving the information.
1534 (i) "Financial asset," except as otherwise provided in s.
1535 678.1031, means:
1536 1. A security;
1537 2. An obligation of a person or a share, participation, or
1538 other interest in a person or in property or an enterprise of a
1539 person, which is, or is of a type, dealt in or traded on
1540 financial markets, or which is recognized in any area in which
1541 it is issued or dealt in as a medium for investment; or
1542 3. Any property that is held by a securities intermediary
1543 for another person in a securities account if the securities
1544 intermediary has expressly agreed with the other person that the
1545 property is to be treated as a financial asset under this
1546 chapter. As context requires, the term means either the interest
1547 itself or the means by which a person's claim to it is
1548 evidenced, including a certificated or uncertificated security,
1549 a security certificate, or a security entitlement.
1550 (2) The following Other definitions in applying to this
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1551 chapter and other chapters apply to this section the sections in
1552 which they appear are:
1553 "Appropriate person," s. 678.1071.
1554 "Control," s. 678.1061.
1555 "Controllable account," s. 679.1021.
1556 "Controllable electronic record," s. 669.102.
1557 "Controllable payment intangible," s. 679.1021.
1558 "Delivery," s. 678.3011.
1559 "Investment company security," s. 678.1031(2).
1560 "Issuer," s. 678.2011.
1561 "Overissue," s. 678.2101.
1562 "Protected purchaser," s. 678.3031.
1563 "Securities account," s. 678.5011.
1564 Section 61. Subsection (6) of section 678.1031, Florida
1565 Statutes, is amended, and subsection (8) is added to that
1566 section, to read:
1567 678.1031 Rules for determining whether certain obligations
1568 and interests are securities or financial assets.—
1569 (6) A commodity contract, as defined in s. 679.1021(1) s.
1570 679.1021(1)(o), is not a security or a financial asset.
1571 (8) A controllable account, controllable electronic
1572 record, or controllable payment intangible is not a financial
1573 asset unless s. 678.1021(1)(i) applies.
1574 Section 62. Subsection (4) of section 678.1061, Florida
1575 Statutes, is amended, and subsections (8) and (9) are added to
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1576 that section, to read:
1577 678.1061 Control.—
1578 (4) A purchaser has "control" of a security entitlement
1579 if:
1580 (a) The purchaser becomes the entitlement holder;
1581 (b) The securities intermediary has agreed that it will
1582 comply with entitlement orders originated by the purchaser
1583 without further consent by the entitlement holder; or
1584 (c) Another person, other than the transferor to the
1585 purchaser of an interest in the security entitlement:
1586 1. Has control of the security entitlement and
1587 acknowledges that it has control on behalf of the purchaser; or
1588 2. Obtains control of the security entitlement after
1589 having acknowledged that it will obtain control of the security
1590 entitlement on behalf of the purchaser has control of the
1591 security entitlement on behalf of the purchaser or, having
1592 previously acquired control of the security entitlement,
1593 acknowledges that the person has control on behalf of the
1594 purchaser.
1595 (8) A person that has control under this section is not
1596 required to acknowledge that it has control on behalf of a
1597 purchaser.
1598 (9) If a person acknowledges that it has or will obtain
1599 control on behalf of a purchaser unless the person otherwise
1600 agrees, or law other than this section or chapter 679 otherwise
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1601 provides, the person does not owe any duty to the purchaser and
1602 is not required to confirm the acknowledgment to any other
1603 person.
1604 Section 63. Subsection (7) is added to section 678.1101,
1605 Florida Statutes, to read:
1606 678.1101 Applicability; choice of law.—
1607 (7) The local law of the issuer's jurisdiction or the
1608 securities intermediary's jurisdiction governs a matter or
1609 transaction specified in subsection (1) or subsection (2) even
1610 if the matter or transaction does not bear any relation to the
1611 jurisdiction.
1612 Section 64. Subsection (2) of section 678.3031, Florida
1613 Statutes, is amended to read:
1614 678.3031 Protected purchaser.—
1615 (2) In addition to acquiring the rights of a purchaser, A
1616 protected purchaser also acquires its interest in the security
1617 free of any adverse claim.
1618 Section 65. Part VI of chapter 678, Florida Statutes,
1619 consisting of s. 678.601, Florida Statutes, is created and
1620 entitled "Transitional Provisions."
1621 Section 66. Section 678.601, Florida Statutes, is created
1622 to read:
1623 678.601 Saving clause.—Except as provided in ss. 669.501-
1624 669.706, a transaction validly entered into before July 1, 2025,
1625 and the rights, duties, and interests flowing from such
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1626 transaction remain valid thereafter and may be terminated,
1627 completed, consummated, or enforced as required or permitted by
1628 law other than the Uniform Commercial Code, or if applicable, by
1629 the Uniform Commercial Code as though this act had not taken
1630 effect.
1631 Section 67. Present paragraphs (h) through (aa), (bb)
1632 through (bbb), and (ccc) through (bbbb) of subsection (1) of
1633 section 679.1021, Florida Statutes, are redesignated as
1634 paragraphs (i) through (bb), (ee) through (eee), and (ggg)
1635 through (eeee), respectively, new paragraphs (g), (h), (cc),
1636 (dd), and (fff) are added to that subsection, and paragraphs
1637 (b), (c), (d), and (g) and present paragraphs (k), (ee), (pp),
1638 (uu), (iii), (nnn), (vvv), and (zzz) of subsection (1) and
1639 subsection (2) of that section are amended, to read:
1640 679.1021 Definitions and index of definitions.—
1641 (1) In this chapter, the term:
1642 (b) "Account," except as used in "account for," "account
1643 statement," "account to," "commodity account" as used in
1644 paragraph (o), "customer account," "deposit account" as used in
1645 paragraph (ff), "on account of," and "statement of account,"
1646 means a right to payment of a monetary obligation, regardless of
1647 whether or not earned by performance, for property that has been
1648 or is to be sold, leased, licensed, assigned, or otherwise
1649 disposed of; for services rendered or to be rendered; for a
1650 policy of insurance issued or to be issued; for a secondary
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1651 obligation incurred or to be incurred; for energy provided or to
1652 be provided; for the use or hire of a vessel under a charter or
1653 other contract; arising out of the use of a credit or charge
1654 card or information contained on or for use with the card; or as
1655 winnings in a lottery or other game of chance operated or
1656 sponsored by a state, governmental unit of a state, or person
1657 licensed or authorized to operate the game by a state or
1658 governmental unit of a state. The term includes controllable
1659 accounts and health-care-insurance receivables. The term does
1660 not include rights to payment evidenced by chattel paper or an
1661 instrument; commercial tort claims; deposit accounts; investment
1662 property; letter-of-credit rights or letters of credit; or
1663 rights to payment for money or funds advanced or sold, other
1664 than rights arising out of the use of a credit or charge card or
1665 information contained on or for use with the card; or rights to
1666 payment evidenced by an instrument.
1667 (c) "Account debtor" means a person obligated on an
1668 account, chattel paper, or general intangible. The term does not
1669 include persons obligated to pay a negotiable instrument, even
1670 if the negotiable instrument evidences constitutes part of
1671 chattel paper.
1672 (d) "Accounting," except as used in the term "accounting
1673 for," means a record:
1674 1. Signed Authenticated by a secured party;
1675 2. Indicating the aggregate unpaid secured obligations as
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1676 of a date not more than 35 days earlier or 35 days later than
1677 the date of the record; and
1678 3. Identifying the components of the obligations in
1679 reasonable detail.
1680 (g) "Assignee," except as used in "assignee for benefit of
1681 creditors," means a person:
1682 1. In whose favor a security interest that secures an
1683 obligation is created or provided for under a security
1684 agreement, regardless of whether the obligation is outstanding;
1685 or
1686 2. To which an account, chattel paper, payment intangible,
1687 or promissory note has been sold.
1688
1689 The term includes a person to which a security interest has been
1690 transferred by a secured party.
1691 (h) "Assignor" means a person that:
1692 1. Under a security agreement creates or provides for a
1693 security interest that secures an obligation; or
1694 2. Sells an account, chattel paper, payment intangible, or
1695 promissory note.
1696
1697 The term includes a secured party that has transferred a
1698 security interest to another person
1699 (g) "Authenticate" means:
1700 1. To sign; or
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1701 2. With the present intent to adopt or accept a record, to
1702 attach to or logically associate with the record an electronic
1703 sound, symbol, or process.
1704 (l)(k) "Chattel paper" means:
1705 1. A right to payment of a monetary obligation secured by
1706 specific goods, if the right to payment and security agreement
1707 are evidenced by a record; or
1708 2. A right to payment of a monetary obligation owed by a
1709 lessee under a lease agreement with respect to specific goods
1710 and a monetary obligation owed by the lessee in connection with
1711 the transaction giving rise to the lease, if:
1712 a. The right to payment and lease agreement are evidenced
1713 by a record; and
1714 b. The predominant purpose of the transaction giving rise
1715 to the lease was to give the lessee the right to possession and
1716 use of the goods.
1717
1718 The term does not include a right to payment arising out of a
1719 charter or other contract involving the use or hire of a vessel
1720 or a right to payment arising out of the use of a credit or
1721 charge card or information contained on or for use with the card
1722 a record or records that evidence both a monetary obligation and
1723 a security interest in specific goods, a security interest in
1724 specific goods and software used in the goods, a security
1725 interest in specific goods and license of software used in the
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1726 goods, a lease of specific goods, or a lease of specific goods
1727 and license of software used in the goods. In this paragraph,
1728 "monetary obligation" means a monetary obligation secured by the
1729 goods or owed under a lease of the goods and includes a monetary
1730 obligation with respect to software used in the goods. The term
1731 does not include charters or other contracts involving the use
1732 or hire of a vessel or records that evidence a right to payment
1733 arising out of the use of a credit or charge card or information
1734 contained on or for use with the card. If a transaction is
1735 evidenced by records that include an instrument or series of
1736 instruments, the group of records taken together constitutes
1737 chattel paper.
1738 (cc) "Controllable account" means an account evidenced by
1739 a controllable electronic record that provides that the account
1740 debtor undertakes to pay the person that has control under s.
1741 669.105 of the controllable electronic record.
1742 (dd) "Controllable payment intangible" means a payment
1743 intangible evidenced by a controllable electronic record that
1744 provides that the account debtor undertakes to pay the person
1745 that has control under s. 669.105 of the controllable electronic
1746 record.
1747 (hh)(ee) "Electronic money" means money in an electronic
1748 form chattel paper" means chattel paper evidenced by a record or
1749 records consisting of information stored in an electronic
1750 medium.
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1751 (ss)(pp) "General intangible" means any personal property,
1752 including things in action, other than accounts, chattel paper,
1753 commercial tort claims, deposit accounts, documents, goods,
1754 instruments, investment property, letter-of-credit rights,
1755 letters of credit, money, and oil, gas, or other minerals before
1756 extraction. The term includes controllable electronic records,
1757 payment intangibles, and software.
1758 (xx)(uu) "Instrument" means a negotiable instrument or any
1759 other writing that evidences a right to the payment of a
1760 monetary obligation, is not itself a security agreement or
1761 lease, and is of a type that in the ordinary course of business
1762 is transferred by delivery with any necessary indorsement or
1763 assignment. The term does not include investment property,
1764 letters of credit, or writings that evidence a right to payment
1765 arising out of the use of a credit or charge card or information
1766 contained on or for use with the card, or writings that evidence
1767 chattel paper.
1768 (fff) "Money" has the same meaning as in s. 671.201, but
1769 does not include a deposit account or money in an electronic
1770 form that cannot be subjected to control under s. 679.1052.
1771 (mmm)(iii) "Payment intangible" means a general intangible
1772 under which the account debtor's principal obligation is a
1773 monetary obligation. The term includes a controllable payment
1774 intangible.
1775 (rrr)(nnn) "Proposal" means a record signed authenticated
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1776 by a secured party which includes the terms on which the secured
1777 party is willing to accept collateral in full or partial
1778 satisfaction of the obligation it secures pursuant to ss.
1779 679.620, 679.621, and 679.622.
1780 (vvv) "Send," in connection with a record or notification,
1781 means:
1782 1. To deposit in the mail, deliver for transmission, or
1783 transmit by any other usual means of communication, with postage
1784 or cost of transmission provided for, addressed to any address
1785 reasonable under the circumstances; or
1786 2. To cause the record or notification to be received
1787 within the time that it would have been received if properly
1788 sent under subparagraph 1.
1789 (cccc)(zzz) "Tangible money chattel paper" means money in
1790 tangible form chattel paper evidenced by a record or records
1791 consisting of information that is inscribed on a tangible
1792 medium.
1793 (2) The following definitions in other chapters apply to
1794 this chapter:
1795 "Applicant," s. 675.103.
1796 "Beneficiary," s. 675.103.
1797 "Broker," s. 678.1021.
1798 "Certificated security," s. 678.1021.
1799 "Check," s. 673.1041.
1800 "Clearing corporation," s. 678.1021.
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1801 "Contract for sale," s. 672.106.
1802 "Control," s. 677.106.
1803 "Controllable electronic record," s. 699.102.
1804 "Customer," s. 674.104.
1805 "Entitlement holder," s. 678.1021.
1806 "Financial asset," s. 678.1021.
1807 "Holder in due course," s. 673.3021.
1808 "Issuer" (with respect to a letter of credit
1809 or letter-of-credit right), s. 675.103.
1810 "Issuer" (with respect to a security), s. 678.2011.
1811 "Issuer" (with respect to documents
1812 of title), s. 677.102.
1813 "Lease," s. 680.1031.
1814 "Lease agreement," s. 680.1031.
1815 "Lease contract," s. 680.1031.
1816 "Leasehold interest," s. 680.1031.
1817 "Lessee," s. 680.1031.
1818 "Lessee in ordinary course of
1819 business," s. 680.1031.
1820 "Lessor," s. 680.1031.
1821 "Lessor's residual interest," s. 680.1031.
1822 "Letter of credit," s. 675.103.
1823 "Merchant," s. 672.104.
1824 "Negotiable instrument," s. 673.1041.
1825 "Nominated person," s. 675.103.
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1826 "Note," s. 673.1041.
1827 "Proceeds of a letter of credit," s. 675.114.
1828 "Protected purchaser," s. 678.3031.
1829 "Prove," s. 673.1031.
1830 "Qualifying purchaser," s. 669.102.
1831 "Sale," s. 672.106.
1832 "Securities account," s. 678.5011.
1833 "Securities intermediary," s. 678.1021.
1834 "Security," s. 678.1021.
1835 "Security certificate," s. 678.1021.
1836 "Security entitlement," s. 678.1021.
1837 "Uncertificated security," s. 678.1021.
1838 Section 68. Subsection (1) of section 679.1041, Florida
1839 Statutes, is amended to read:
1840 679.1041 Control of deposit account.—
1841 (1) A secured party has control of a deposit account if
1842 any of the following applies:
1843 (a) The secured party is the bank with which the deposit
1844 account is maintained.;
1845 (b) The debtor, secured party, and bank have agreed in a
1846 signed an authenticated record that the bank will comply with
1847 instructions originated by the secured party directing
1848 disposition of the funds in the deposit account without further
1849 consent by the debtor.; or
1850 (c) The secured party becomes the bank's customer with
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1851 respect to the deposit account.
1852 (d) Another person, other than the debtor:
1853 1. Has control of the deposit account and acknowledges
1854 that it has control on behalf of the secured party; or
1855 2. Obtains control of the deposit account after having
1856 acknowledged that it will obtain control of the deposit account
1857 on behalf of the secured party.
1858 Section 69. Section 679.1051, Florida Statutes, is amended
1859 to read:
1860 679.1051 Control of electronic chattel paper.—
1861 (1) A purchaser has control of an authoritative electronic
1862 copy of a record evidencing chattel paper if a system employed
1863 for evidencing the assignment of interests in the chattel paper
1864 reliably establishes the purchaser as the person to which the
1865 authoritative electronic copy was assigned.
1866 (2) A system satisfies subsection (1) if the record or
1867 records evidencing the chattel paper are created, stored, and
1868 assigned in a manner that:
1869 (a) A single authoritative copy of the record or records
1870 exists which is unique, identifiable, and, except as otherwise
1871 provided in paragraphs (d), (e), and (f), unalterable;
1872 (b) The authoritative copy identifies the purchaser as the
1873 assignee of the record or records;
1874 (c) The authoritative copy is communicated to and
1875 maintained by the purchaser or its designated custodian;
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1876 (d) Copies or amendments that add or change an identified
1877 assignee of the authoritative copy can be made only with the
1878 consent of the purchaser;
1879 (e) Each copy of the authoritative copy and any copy of a
1880 copy is readily identifiable as a copy that is not the
1881 authoritative copy; and
1882 (f) Any amendment of the authoritative copy is readily
1883 identifiable as authorized or unauthorized.
1884 (3) A system satisfies subsection (1), and a purchaser has
1885 control of an authoritative electronic copy of a record
1886 evidencing chattel paper, if the electronic copy, a record
1887 attached to or logically associated with the electronic copy, or
1888 a system in which the electronic copy is recorded:
1889 (a) Enables the purchaser to readily identify each
1890 electronic copy as either an authoritative copy or a
1891 nonauthoritative copy;
1892 (b) Enables the purchaser to readily identify itself in
1893 any way, including by name, identifying number, cryptographic
1894 key, office, or account number, as the assignee of the
1895 authoritative electronic copy; and
1896 (c) Gives the purchaser exclusive power, subject to
1897 subsection (4), to:
1898 1. Prevent others from adding or changing an identified
1899 assignee of the authoritative electronic copy; and
1900 2. Transfer control of the authoritative electronic copy.
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1901 (4) Subject to subsection (5), a power is exclusive under
1902 subparagraphs (3)(c)1. and 2. even if:
1903 (a) The authoritative electronic copy, a record attached
1904 to or logically associated with the authoritative electronic
1905 copy, or a system in which the authoritative electronic copy is
1906 recorded limits the use of the authoritative electronic copy or
1907 has a protocol programmed to cause a change, including a
1908 transfer or loss of control; or
1909 (b) The power is shared with another person.
1910 (5) A power of a purchaser is not shared with another
1911 person as provided in paragraph (4)(b) and the purchaser's power
1912 is not exclusive if:
1913 (a) The purchaser can exercise the power only if the power
1914 also is exercised by the other person; and
1915 (b) The other person:
1916 1. Can exercise the power without exercise of the power by
1917 the purchaser; or
1918 2. Is the transferor to the purchaser of an interest in
1919 the chattel paper.
1920 (6) If a purchaser has the powers specified in
1921 subparagraphs (3)(c)1. and 2., the powers are presumed to be
1922 exclusive.
1923 (7) A purchaser has control of an authoritative electronic
1924 copy of a record evidencing chattel paper if another person,
1925 other than the transferor to the purchaser of an interest in the
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1926 chattel paper:
1927 (a) Has control of the authoritative electronic copy and
1928 acknowledges that it has control on behalf of the purchaser; or
1929 (b) Obtains control of the authoritative electronic copy
1930 after having acknowledged that it will obtain control of the
1931 electronic copy on behalf of the purchaser A secured party has
1932 control of electronic chattel paper if a system employed for
1933 evidencing the transfer of interests in the chattel paper
1934 reliably establishes the secured party as the person to which
1935 the chattel paper was assigned.
1936 (2) A system satisfies subsection (1), and a secured party
1937 has control of electronic chattel paper, if the record or
1938 records comprising the chattel paper are created, stored, and
1939 assigned in such a manner that:
1940 (a) A single authoritative copy of the record or records
1941 exists which is unique, identifiable and, except as otherwise
1942 provided in paragraphs (d), (e), and (f), unalterable;
1943 (b) The authoritative copy identifies the secured party as
1944 the assignee of the record or records;
1945 (c) The authoritative copy is communicated to and
1946 maintained by the secured party or its designated custodian;
1947 (d) Copies or amendments that add or change an identified
1948 assignee of the authoritative copy can be made only with the
1949 consent of the secured party;
1950 (e) Each copy of the authoritative copy and any copy of a
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1951 copy is readily identifiable as a copy that is not the
1952 authoritative copy; and
1953 (f) Any amendment of the authoritative copy is readily
1954 identifiable as authorized or unauthorized.
1955 Section 70. Section 679.1052, Florida Statutes, is created
1956 to read:
1957 679.1052 Control of electronic money.—
1958 (1) A person has control of electronic money if both of
1959 the following apply:
1960 (a) The electronic money, a record attached to or
1961 logically associated with the electronic money, or a system in
1962 which the electronic money is recorded gives the person:
1963 1. Power to avail itself of substantially all the benefit
1964 from the electronic money; and
1965 2. Exclusive power, subject to subsection (2), to:
1966 a. Prevent others from availing themselves of
1967 substantially all the benefit from the electronic money; and
1968 b. Transfer control of the electronic money to another
1969 person or cause another person to obtain control of other
1970 electronic money as a result of the transfer of the electronic
1971 money.
1972 (b) The electronic money, a record attached to or
1973 logically associated with the electronic money, or a system in
1974 which the electronic money is recorded enables the person
1975 readily to identify itself in any way, including by name,
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1976 identifying number, cryptographic key, office, or account
1977 number, as having the powers under paragraph (a).
1978 (2) Subject to subsection (3), a power is exclusive under
1979 sub-subparagraphs (1)(a)2.a. and b. even if:
1980 (a) The electronic money, a record attached to or
1981 logically associated with the electronic money, or a system in
1982 which the electronic money is recorded limits the use of the
1983 electronic money or has a protocol programmed to cause a change,
1984 including a transfer or loss of control; or
1985 (b) The power is shared with another person.
1986 (3) A power of a person is not shared with another person
1987 under paragraph (2)(b) and the person's power is not exclusive
1988 if:
1989 (a) The person can exercise the power only if the power
1990 also is exercised by the other person; and
1991 (b) The other person:
1992 1. Can exercise the power without exercise of the power by
1993 the person; or
1994 2. Is the transferor to the person of an interest in the
1995 electronic money.
1996 (4) If a person has the powers specified in sub-
1997 subparagraphs (1)(a)2.a. and b., the powers are presumed to be
1998 exclusive.
1999 (5) A person has control of electronic money if another
2000 person, other than the transferor to the person of an interest
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2001 in the electronic money:
2002 (a) Has control of the electronic money and acknowledges
2003 that it has control on behalf of the person; or
2004 (b) Obtains control of the electronic money after having
2005 acknowledged that it will obtain control of the electronic money
2006 on behalf of the person.
2007 Section 71. Section 679.1053, Florida Statutes, is created
2008 to read:
2009 679.1053 Control of controllable electronic record,
2010 controllable account, or controllable payment intangible.—
2011 (1) A secured party has control of a controllable
2012 electronic record as provided in s. 669.105.
2013 (2) A secured party has control of a controllable account
2014 or controllable payment intangible if the secured party has
2015 control of the controllable electronic record that evidences the
2016 controllable account or controllable payment intangible.
2017 Section 72. Section 679.1054, Florida Statutes, is created
2018 to read:
2019 679.1054 No requirement to acknowledge or confirm; no
2020 duties.—
2021 (1) A person that has control under s. 679.1051, s.
2022 679.1052, or s. 679.1053 is not required to acknowledge that it
2023 has control on behalf of another person.
2024 (2) If a person acknowledges that it has or will obtain
2025 control on behalf of another person, unless the person otherwise
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2026 agrees, or law other than this chapter otherwise provides, the
2027 person does not owe any duty to the other person and is not
2028 required to confirm the acknowledgment to any other person.
2029 Section 73. Subsections (2) and (10) of section 679.2031,
2030 Florida Statutes, are amended to read:
2031 679.2031 Attachment and enforceability of security
2032 interest; proceeds; supporting obligations; formal requisites.—
2033 (2) Except as otherwise provided in subsections (3)
2034 through (10), a security interest is enforceable against the
2035 debtor and third parties with respect to the collateral only if:
2036 (a) Value has been given;
2037 (b) The debtor has rights in the collateral or the power
2038 to transfer rights in the collateral to a secured party; and
2039 (c) One of the following conditions is met:
2040 1. The debtor has signed authenticated a security
2041 agreement that provides a description of the collateral and, if
2042 the security interest covers timber to be cut, a description of
2043 the land concerned;
2044 2. The collateral is not a certificated security and is in
2045 the possession of the secured party under s. 679.3131 pursuant
2046 to the debtor's security agreement;
2047 3. The collateral is a certificated security in registered
2048 form and the security certificate has been delivered to the
2049 secured party under s. 678.3011 pursuant to the debtor's
2050 security agreement; or
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2051 4. The collateral is controllable accounts, controllable
2052 electronic records, controllable payment intangibles, deposit
2053 accounts, electronic documents, electronic money chattel paper,
2054 investment property, or letter-of-credit rights, or electronic
2055 documents, and the secured party has control under s. 669.105,
2056 s. 677.106, s. 679.1041, s. 679.1051, s. 679.1061, or s.
2057 679.1071 pursuant to the debtor's security agreement; or
2058 5. The collateral is chattel paper and the secured party
2059 has possession and control under s. 679.3152 pursuant to the
2060 debtor's security agreement.
2061 (10) A security interest in an account consisting of a
2062 right to payment of a monetary obligation for the sale of real
2063 property that is the debtor's homestead under the laws of this
2064 state is not enforceable unless:
2065 (a) The description of the account in the security
2066 agreement conspicuously states that the collateral includes the
2067 debtor's right to payment of a monetary obligation for the sale
2068 of real property;
2069 (b) The description of the account in the security
2070 agreement includes a legal description of the real property;
2071 (c) The description of the account in the security
2072 agreement conspicuously states that the real property is the
2073 debtor's homestead; and
2074 (d) The security agreement is also signed authenticated by
2075 the debtor's spouse, if the debtor is married; if the debtor's
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2076 spouse is incompetent, then the method of signature
2077 authentication by the debtor's spouse is the same as provided by
2078 the laws of this state, other than this chapter, which apply to
2079 the alienation or encumbrance of homestead property by an
2080 incompetent person.
2081 Section 74. Present subsection (3) of section 679.2041,
2082 Florida Statutes, is redesignated as subsection (4), a new
2083 subsection (3) is added to that section, and subsection (2) of
2084 that section is amended, to read:
2085 679.2041 After-acquired property; future advances.—
2086 (2) Subject to subsection (3), a security interest does
2087 not attach under a term constituting an after-acquired property
2088 clause to:
2089 (a) Consumer goods, other than an accession when given as
2090 additional security, unless the debtor acquires rights in them
2091 within 10 days after the secured party gives value; or
2092 (b) A commercial tort claim.
2093 (3) Subsection (2) does not prevent a security interest
2094 from attaching:
2095 (a) To a consumer good as proceeds under s. 679.3151(1) or
2096 commingled goods under s. 679.336(3);
2097 (b) To a commercial tort claim as proceeds under s.
2098 679.3151(1); or
2099 (c) Under an after-acquired property clause to property
2100 that is proceeds of consumer goods or a commercial tort claim.
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2101 Section 75. Subsection (3) of section 679.2071, Florida
2102 Statutes, is amended to read:
2103 679.2071 Rights and duties of secured party having
2104 possession or control of collateral.—
2105 (3) Except as otherwise provided in subsection (4), a
2106 secured party having possession of collateral or control of
2107 collateral under s. 677.106, s. 679.1041, s. 679.1051, s.
2108 679.1052, s. 679.1061, or s. 679.1071:
2109 (a) May hold as additional security any proceeds, except
2110 money or funds, received from the collateral;
2111 (b) Shall apply money or funds received from the
2112 collateral to reduce the secured obligation, unless remitted to
2113 the debtor; and
2114 (c) May create a security interest in the collateral.
2115 Section 76. Subsection (2) of section 679.2081, Florida
2116 Statutes, is amended to read:
2117 679.2081 Additional duties of secured party having control
2118 of collateral.—
2119 (2) Within 10 days after receiving a signed an
2120 authenticated demand by the debtor:
2121 (a) A secured party having control of a deposit account
2122 under s. 679.1041(1)(b) shall send to the bank with which the
2123 deposit account is maintained a signed record an authenticated
2124 statement that releases the bank from any further obligation to
2125 comply with instructions originated by the secured party;
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2126 (b) A secured party having control of a deposit account
2127 under s. 679.1041(1)(c) shall:
2128 1. Pay the debtor the balance on deposit in the deposit
2129 account; or
2130 2. Transfer the balance on deposit into a deposit account
2131 in the debtor's name;
2132 (c) A secured party, other than a buyer, having control
2133 under s. 679.1051 of an authoritative electronic copy of a
2134 record evidencing chattel paper shall transfer control of the
2135 electronic copy to the debtor or a person designated by the
2136 debtor; a secured party, other than a buyer, having control of
2137 electronic chattel paper under s. 679.1051 shall:
2138 1. Communicate the authoritative copy of the electronic
2139 chattel paper to the debtor or its designated custodian;
2140 2. If the debtor designates a custodian that is the
2141 designated custodian with which the authoritative copy of the
2142 electronic chattel paper is maintained for the secured party,
2143 communicate to the custodian an authenticated record releasing
2144 the designated custodian from any further obligation to comply
2145 with instructions originated by the secured party and
2146 instructing the custodian to comply with instructions originated
2147 by the debtor; and
2148 3. Take appropriate action to enable the debtor or the
2149 debtor's designated custodian to make copies of or revisions to
2150 the authoritative copy which add or change an identified
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2151 assignee of the authoritative copy without the consent of the
2152 secured party;
2153 (d) A secured party having control of investment property
2154 under s. 678.1061(4)(b) or s. 679.1061(2) shall send to the
2155 securities intermediary or commodity intermediary with which the
2156 security entitlement or commodity contract is maintained a
2157 signed an authenticated record that releases the securities
2158 intermediary or commodity intermediary from any further
2159 obligation to comply with entitlement orders or directions
2160 originated by the secured party;
2161 (e) A secured party having control of a letter-of-credit
2162 right under s. 679.1071 shall send to each person having an
2163 unfulfilled obligation to pay or deliver proceeds of the letter
2164 of credit to the secured party a signed an authenticated release
2165 from any further obligation to pay or deliver proceeds of the
2166 letter of credit to the secured party; and
2167 (f) A secured party having control under s. 677.106 of an
2168 authoritative electronic copy of an electronic document of title
2169 shall transfer control of the electronic copy to the debtor or a
2170 person designated by the debtor;
2171 (g) A secured party having control under s. 679.1052 of
2172 electronic money shall transfer control of the electronic money
2173 to the debtor or a person designated by the debtor; and
2174 (h) A secured party having control under s. 669.105 of a
2175 controllable electronic record, other than a buyer of a
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2176 controllable account or controllable payment intangible
2177 evidenced by the controllable electronic record, shall transfer
2178 control of the controllable electronic record to the debtor or a
2179 person designated by the debtor of an electronic document shall:
2180 1. Give control of the electronic document to the debtor
2181 or its designated custodian;
2182 2. If the debtor designates a custodian that is the
2183 designated custodian with which the authoritative copy of the
2184 electronic document is maintained for the secured party,
2185 communicate to the custodian an authenticated record releasing
2186 the designated custodian from any further obligation to comply
2187 with instructions originated by the secured party and
2188 instructing the custodian to comply with instructions originated
2189 by the debtor; and
2190 3. Take appropriate action to enable the debtor or its
2191 designated custodian to make copies of or revisions to the
2192 authenticated copy which add or change an identified assignee of
2193 the authoritative copy without the consent of the secured party.
2194 Section 77. Subsection (2) of section 679.209, Florida
2195 Statutes, is amended to read:
2196 679.209 Duties of secured party if account debtor has been
2197 notified of assignment.—
2198 (2) Within 10 days after receiving a signed an
2199 authenticated demand by the debtor, a secured party shall send
2200 to an account debtor that has received notification under s.
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2201 669.106(2) or s. 679.4016(1) of an assignment to the secured
2202 party as assignee a signed under s. 679.4061(1) an authenticated
2203 record that releases the account debtor from any further
2204 obligation to the secured party.
2205 Section 78. Section 679.210, Florida Statutes, is amended
2206 to read:
2207 679.210 Request for accounting; request regarding list of
2208 collateral or statement of account.—
2209 (1) In this section, the term:
2210 (a) "Request" means a record of a type described in
2211 paragraph (b), paragraph (c), or paragraph (d).
2212 (b) "Request for an accounting" means a record signed
2213 authenticated by a debtor requesting that the recipient provide
2214 an accounting of the unpaid obligations secured by collateral
2215 and reasonably identifying the transaction or relationship that
2216 is the subject of the request.
2217 (c) "Request regarding a list of collateral" means a
2218 record signed authenticated by a debtor requesting that the
2219 recipient approve or correct a list of what the debtor believes
2220 to be the collateral securing an obligation and reasonably
2221 identifying the transaction or relationship that is the subject
2222 of the request.
2223 (d) "Request regarding a statement of account" means a
2224 record signed authenticated by a debtor requesting that the
2225 recipient approve or correct a statement indicating what the
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2226 debtor believes to be the aggregate amount of unpaid obligations
2227 secured by collateral as of a specified date and reasonably
2228 identifying the transaction or relationship that is the subject
2229 of the request.
2230 (e) "Reasonably identifying the transaction or
2231 relationship" means that the request provides information
2232 sufficient for the person to identify the transaction or
2233 relationship and respond to the request. Pursuant to s.
2234 679.603(1), a secured party and debtor may determine by
2235 agreement the standards for measuring fulfillment of this duty.
2236 (f) "Person" means a person or entity that is or was a
2237 secured party or otherwise claims or has claimed an interest in
2238 the collateral.
2239 (2) Subject to subsections (3)-(6) (3), (4), (5), and (6),
2240 a secured party, other than a buyer of accounts, chattel paper,
2241 payment intangibles, or promissory notes or a consignor, shall
2242 comply with a request within 14 days after receipt:
2243 (a) In the case of a request for an accounting, by signing
2244 authenticating and sending to the debtor an accounting; and
2245 (b) In the case of a request regarding a list of
2246 collateral or a request regarding a statement of account, by
2247 signing authenticating and sending to the debtor an approval or
2248 correction.
2249 (3) A secured party that claims a security interest in all
2250 of a particular type of collateral owned by the debtor may
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2251 comply with a request regarding a list of collateral by sending
2252 to the debtor a signed an authenticated record including a
2253 statement to that effect within 14 days after receipt.
2254 (4) A person who receives a request regarding a list of
2255 collateral, claims no interest in the collateral when the
2256 request is received, and claimed an interest in the collateral
2257 at an earlier time shall comply with the request within 14 days
2258 after receipt by sending to the debtor a signed an authenticated
2259 record:
2260 (a) Disclaiming any interest in the collateral; and
2261 (b) If known to the recipient, providing the name and
2262 mailing address of any assignee of or successor to the
2263 recipient's interest in the collateral.
2264 (5) A person who receives a request for an accounting or a
2265 request regarding a statement of account, claims no interest in
2266 the obligations when the request is received, and claimed an
2267 interest in the obligations at an earlier time shall comply with
2268 the request within 14 days after receipt by sending to the
2269 debtor a signed an authenticated record:
2270 (a) Disclaiming any interest in the obligations; and
2271 (b) If known to the recipient, providing the name and
2272 mailing address of any assignee of or successor to the
2273 recipient's interest in the obligations.
2274 (6) A debtor is entitled under this section without charge
2275 to one response to a request for an accounting or a request
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2276 regarding a statement of account for each secured obligation
2277 during any 6-month period. A debtor in a consumer transaction is
2278 entitled to a single response to a request regarding a list of
2279 collateral without charge during any 6-month period. The secured
2280 party may require payment of a charge not exceeding $25 for each
2281 additional response to a request for an accounting, a request
2282 regarding a statement of account, or a request regarding a list
2283 of collateral for a consumer transaction. To the extent provided
2284 in a signed an authenticated record, the secured party may
2285 require the payment of reasonable expenses, including attorney's
2286 fees, reasonably incurred in providing a response to a request
2287 regarding a list of collateral for a transaction other than a
2288 consumer transaction under this section; otherwise, the secured
2289 party may not charge more than $25 for each request regarding a
2290 list of collateral. Excluding a request related to a proposed
2291 satisfaction of the secured obligation, a secured party is not
2292 required to respond to more than 12 of each of the permitted
2293 requests in any 12-month period.
2294 Section 79. Section 679.3011, Florida Statutes, is amended
2295 to read:
2296 679.3011 Law governing perfection and priority of security
2297 interests.—Except as otherwise provided in ss. 679.1091,
2298 679.3031, 679.3041, 679.3051, and 679.3061, and 679.3062, the
2299 following rules determine the law governing perfection, the
2300 effect of perfection or nonperfection, and the priority of a
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2301 security interest in collateral:
2302 (1) Except as otherwise provided in this section, while a
2303 debtor is located in a jurisdiction, the local law of that
2304 jurisdiction governs perfection, the effect of perfection or
2305 nonperfection, and the priority of a security interest in
2306 collateral.
2307 (2) While collateral is located in a jurisdiction, the
2308 local law of that jurisdiction governs perfection, the effect of
2309 perfection or nonperfection, and the priority of a possessory
2310 security interest in that collateral.
2311 (3) Except as otherwise provided in subsections (4) and
2312 (5), while tangible negotiable documents, goods, instruments, or
2313 tangible money, or tangible chattel paper is located in a
2314 jurisdiction, the local law of that jurisdiction governs:
2315 (a) Perfection of a security interest in the goods by
2316 filing a fixture filing;
2317 (b) Perfection of a security interest in timber to be cut;
2318 and
2319 (c) The effect of perfection or nonperfection and the
2320 priority of a nonpossessory security interest in the collateral.
2321 (4) The local law of the jurisdiction in which the
2322 wellhead or minehead is located governs perfection, the effect
2323 of perfection or nonperfection, and the priority of a security
2324 interest in as-extracted collateral.
2325 (5) The law of this state governs:
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2326 (a) The perfection of a security interest in goods that
2327 are or are to become fixtures in this state by the filing of a
2328 fixture filing.
2329 (b) The effect of perfection or nonperfection and the
2330 priority of a security interest in goods that are or are to
2331 become fixtures in this state.
2332 Section 80. Subsection (1) of section 679.3041, Florida
2333 Statutes, is amended to read:
2334 679.3041 Law governing perfection and priority of security
2335 interests in deposit accounts.—
2336 (1) The local law of a bank's jurisdiction governs
2337 perfection, the effect of perfection or nonperfection, and the
2338 priority of a security interest in a deposit account maintained
2339 with that bank even if the transaction does not bear any
2340 relation to the bank's jurisdiction.
2341 Section 81. Paragraph (e) is added to subsection (1) of
2342 section 679.3051, Florida Statutes, to read:
2343 679.3051 Law governing perfection and priority of security
2344 interests in investment property.—
2345 (1) Except as otherwise provided in subsection (3), the
2346 following rules apply:
2347 (e) Paragraphs (b), (c), and (d) apply even if the
2348 transaction does not bear any relation to the jurisdiction.
2349 Section 82. Section 679.3062, Florida Statutes, is created
2350 to read:
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2351 679.3062 Law governing perfection and priority of security
2352 interests in chattel paper.—
2353 (1) Except as provided in subsection (4), if chattel paper
2354 is evidenced only by an authoritative electronic copy of the
2355 chattel paper or is evidenced by an authoritative electronic
2356 copy and an authoritative tangible copy, the local law of the
2357 chattel paper's jurisdiction governs perfection, the effect of
2358 perfection or nonperfection, and the priority of a security
2359 interest in the chattel paper, even if the transaction does not
2360 bear any relation to the chattel paper's jurisdiction.
2361 (2) The following rules determine the chattel paper's
2362 jurisdiction under this section:
2363 (a) If the authoritative electronic copy of the record
2364 evidencing chattel paper, or a record attached to or logically
2365 associated with the electronic copy and readily available for
2366 review, expressly provides that a particular jurisdiction is the
2367 chattel paper's jurisdiction for purposes of s. 679.3061, this
2368 chapter, or the Uniform Commercial Code, that jurisdiction is
2369 the chattel paper's jurisdiction.
2370 (b) If paragraph (a) does not apply and the rules of the
2371 system in which the authoritative electronic copy is recorded
2372 are readily available for review and expressly provide that a
2373 particular jurisdiction is the chattel paper's jurisdiction for
2374 purposes of s. 679.3061, this chapter, or the Uniform Commercial
2375 Code, that jurisdiction is the chattel paper's jurisdiction.
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2376 (c) If paragraphs (a) and (b) do not apply and the
2377 authoritative electronic copy, or a record attached to or
2378 logically associated with the electronic copy and readily
2379 available for review, expressly provides that the chattel paper
2380 is governed by the law of a particular jurisdiction, that
2381 jurisdiction is the chattel paper's jurisdiction.
2382 (d) If paragraphs (a), (b), and (c) do not apply and the
2383 rules of the system in which the authoritative electronic copy
2384 is recorded are readily available for review and expressly
2385 provide that the chattel paper or the system is governed by the
2386 law of a particular jurisdiction, that jurisdiction is the
2387 chattel paper's jurisdiction.
2388 (e) If paragraphs (a)-(d) do not apply, the chattel
2389 paper's jurisdiction is the jurisdiction in which the debtor is
2390 located.
2391 (3) If an authoritative tangible copy of a record
2392 evidences chattel paper and the chattel paper is not evidenced
2393 by an authoritative electronic copy, while the authoritative
2394 tangible copy of the record evidencing chattel paper is located
2395 in a jurisdiction, the local law of that jurisdiction governs:
2396 (a) Perfection of a security interest in the chattel paper
2397 by possession under s. 679.3152; and
2398 (b) The effect of perfection or nonperfection and the
2399 priority of a security interest in the chattel paper.
2400 (4) The local law of the jurisdiction in which the debtor
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2401 is located governs perfection of a security interest in chattel
2402 paper by filing.
2403 Section 83. Section 679.3063, Florida Statutes, is created
2404 to read:
2405 679.3063 Law governing perfection and priority of security
2406 interests in controllable accounts, controllable electronic
2407 records, and controllable payment intangibles.—
2408 (1) Except as provided in subsection (2), the local law of
2409 the controllable electronic record's jurisdiction specified in
2410 s. 669.107(3) and (4) governs perfection, the effect of
2411 perfection or nonperfection, and the priority of a security
2412 interest in a controllable electronic record and a security
2413 interest in a controllable account or controllable payment
2414 intangible evidenced by the controllable electronic record.
2415 (2) The local law of the jurisdiction in which the debtor
2416 is located governs:
2417 (a) Perfection of a security interest in a controllable
2418 account, controllable electronic record, or controllable payment
2419 intangible by filing; and
2420 (b) Automatic perfection of a security interest in a
2421 controllable payment intangible created by a sale of the
2422 controllable payment intangible.
2423 Section 84. Subsection (2) of section 679.3101, Florida
2424 Statutes, is amended, and subsection (1) of that section is
2425 republished, to read:
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2426 679.3101 When filing required to perfect security interest
2427 or agricultural lien; security interests and agricultural liens
2428 to which filing provisions do not apply.—
2429 (1) Except as otherwise provided in subsection (2) and s.
2430 679.3121(2), a financing statement must be filed to perfect all
2431 security interests and agricultural liens.
2432 (2) The filing of a financing statement is not necessary
2433 to perfect a security interest:
2434 (a) That is perfected under s. 679.3081(4), (5), (6), or
2435 (7);
2436 (b) That is perfected under s. 679.3091 when it attaches;
2437 (c) In property subject to a statute, regulation, or
2438 treaty described in s. 679.3111(1);
2439 (d) In goods in possession of a bailee which is perfected
2440 under s. 679.3121(4)(a) or (b);
2441 (e) In certificated securities, documents, goods, or
2442 instruments which is perfected without filing, control, or
2443 possession under s. 679.3121(5), (6), or (7);
2444 (f) In collateral in the secured party's possession under
2445 s. 679.3131;
2446 (g) In a certificated security which is perfected by
2447 delivery of the security certificate to the secured party under
2448 s. 679.3131;
2449 (h) In controllable accounts, controllable electronic
2450 records, controllable payment intangibles, deposit accounts,
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2451 electronic chattel paper, electronic documents, investment
2452 property, or letter-of-credit rights which is perfected by
2453 control under s. 679.3141(1) s. 679.3141;
2454 (i) In proceeds which is perfected under s. 679.3151; or
2455 (j) That is perfected under s. 679.3161.
2456 Section 85. Section 679.3121, Florida Statutes, is amended
2457 to read:
2458 679.3121 Perfection of security interests in chattel
2459 paper, controllable accounts, controllable electronic records,
2460 controllable payment intangibles, deposit accounts, documents,
2461 goods covered by documents, instruments, investment property,
2462 letter-of-credit rights, and money; perfection by permissive
2463 filing; temporary perfection without filing or transfer of
2464 possession.—
2465 (1) A security interest in chattel paper, controllable
2466 accounts, controllable electronic records, controllable payment
2467 intangibles negotiable documents, instruments, or investment
2468 property, or negotiable documents may be perfected by filing.
2469 (2) Except as otherwise provided in s. 679.3151(3) and (4)
2470 for proceeds:
2471 (a) A security interest in a deposit account may be
2472 perfected only by control under s. 679.3141.
2473 (b) And except as otherwise provided in s. 679.3081(4), a
2474 security interest in a letter-of-credit right may be perfected
2475 only by control under s. 679.3141.
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2476 (c) A security interest in tangible money may be perfected
2477 only by the secured party's taking possession under s. 679.3131.
2478 (d) A security interest in electronic money may be
2479 perfected only by control under s. 679.3141.
2480 (3) While goods are in the possession of a bailee that has
2481 issued a negotiable document covering the goods:
2482 (a) A security interest in the goods may be perfected by
2483 perfecting a security interest in the document; and
2484 (b) A security interest perfected in the document has
2485 priority over any security interest that becomes perfected in
2486 the goods by another method during that time.
2487 (4) While goods are in the possession of a bailee that has
2488 issued a nonnegotiable document covering the goods, a security
2489 interest in the goods may be perfected by:
2490 (a) Issuance of a document in the name of the secured
2491 party;
2492 (b) The bailee's receipt of notification of the secured
2493 party's interest; or
2494 (c) Filing as to the goods.
2495 (5) A security interest in certificated securities,
2496 negotiable documents, or instruments is perfected without filing
2497 or the taking of possession or control for a period of 20 days
2498 from the time it attaches to the extent that it arises for new
2499 value given under a signed an authenticated security agreement.
2500 (6) A perfected security interest in a negotiable document
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2501 or goods in possession of a bailee, other than one that has
2502 issued a negotiable document for the goods, remains perfected
2503 for 20 days without filing if the secured party makes available
2504 to the debtor the goods or documents representing the goods for
2505 the purpose of:
2506 (a) Ultimate sale or exchange; or
2507 (b) Loading, unloading, storing, shipping, transshipping,
2508 manufacturing, processing, or otherwise dealing with them in a
2509 manner preliminary to their sale or exchange.
2510 (7) A perfected security interest in a certificated
2511 security or instrument remains perfected for 20 days without
2512 filing if the secured party delivers the security certificate or
2513 instrument to the debtor for the purpose of:
2514 (a) Ultimate sale or exchange; or
2515 (b) Presentation, collection, enforcement, renewal, or
2516 registration of transfer.
2517 (8) After the 20-day period specified in subsection (5),
2518 subsection (6), or subsection (7) expires, perfection depends
2519 upon compliance with this chapter.
2520 Section 86. Subsections (1), (3), and (4) of section
2521 679.3131, Florida Statutes, are amended to read:
2522 679.3131 When possession by or delivery to secured party
2523 perfects security interest without filing.—
2524 (1) Except as otherwise provided in subsection (2), a
2525 secured party may perfect a security interest in tangible
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2526 negotiable documents, goods, instruments, negotiable tangible
2527 documents, or tangible money, or tangible chattel paper by
2528 taking possession of the collateral. A secured party may perfect
2529 a security interest in certificated securities by taking
2530 delivery of the certificated securities under s. 678.3011.
2531 (3) With respect to collateral other than certificated
2532 securities and goods covered by a document, a secured party
2533 takes possession of collateral in the possession of a person
2534 other than the debtor, the secured party, or a lessee of the
2535 collateral from the debtor in the ordinary course of the
2536 debtor's business, when:
2537 (a) The person in possession signs authenticates a record
2538 acknowledging that it holds possession of the collateral for the
2539 secured party's benefit; or
2540 (b) The person takes possession of the collateral after
2541 having signed authenticated a record acknowledging that the
2542 person will hold possession of the collateral for the secured
2543 party's benefit.
2544 (4) If perfection of a security interest depends upon
2545 possession of the collateral by a secured party, perfection
2546 occurs not no earlier than the time the secured party takes
2547 possession and continues only while the secured party retains
2548 possession.
2549 Section 87. Section 679.3141, Florida Statutes, is amended
2550 to read:
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2551 679.3141 Perfection by control.—
2552 (1) A security interest in controllable accounts,
2553 controllable electronic records, controllable payment
2554 intangibles, deposit accounts, electronic documents, electronic
2555 money, investment property, or letter-of-credit rights
2556 investment property, deposit accounts, letter-of-credit rights,
2557 electronic chattel paper, or electronic documents may be
2558 perfected by control of the collateral under s. 677.106, s.
2559 679.1041, s. 679.1052, s. 679.1053 s. 679.1051, s. 679.1061, or
2560 s. 679.1071.
2561 (2) A security interest in controllable accounts,
2562 controllable electronic records, controllable payment
2563 intangibles, deposit accounts, electronic documents, electronic
2564 money, or letter-of-credit rights deposit accounts, electronic
2565 chattel paper, letter-of-credit rights, or electronic documents
2566 is perfected by control under s. 677.106, s. 679.1041, s.
2567 679.1052, s. 679.1053 s. 679.1051, or s. 679.1071 not earlier
2568 than the time when the secured party obtains control and remains
2569 perfected by control only while the secured party retains
2570 control.
2571 (3) A security interest in investment property is
2572 perfected by control under s. 679.1061 not earlier than from the
2573 time the secured party obtains control and remains perfected by
2574 control until:
2575 (a) The secured party does not have control; and
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2576 (b) One of the following occurs:
2577 1. If the collateral is a certificated security, the
2578 debtor has or acquires possession of the security certificate;
2579 2. If the collateral is an uncertificated security, the
2580 issuer has registered or registers the debtor as the registered
2581 owner; or
2582 3. If the collateral is a security entitlement, the debtor
2583 is or becomes the entitlement holder.
2584 Section 88. Section 679.3152, Florida Statutes, is created
2585 to read:
2586 679.3152 Perfection by possession and control of chattel
2587 paper.—
2588 (1) A secured party may perfect a security interest in
2589 chattel paper by taking possession of each authoritative
2590 tangible copy of the record evidencing the chattel paper and
2591 obtaining control of each authoritative electronic copy of the
2592 electronic record evidencing the chattel paper.
2593 (2) A security interest is perfected under subsection (1)
2594 not earlier than the time the secured party takes possession and
2595 obtains control and remains perfected under subsection (1) only
2596 while the secured party retains possession and control.
2597 (3) Section 679.3131(3) and (5)-(8) applies to perfection
2598 by possession of an authoritative tangible copy of a record
2599 evidencing chattel paper.
2600 Section 89. Subsections (1) and (6) of section 679.3161,
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2601 Florida Statutes, are amended to read:
2602 679.3161 Continued perfection of security interest
2603 following change in governing law.—
2604 (1) A security interest perfected pursuant to the law of
2605 the jurisdiction designated in s. 679.3011(1), or s.
2606 679.3051(3), s. 679.3062(4), or s. 679.3063(2) remains perfected
2607 until the earliest of:
2608 (a) The time perfection would have ceased under the law of
2609 that jurisdiction;
2610 (b) The expiration of 4 months after a change of the
2611 debtor's location to another jurisdiction; or
2612 (c) The expiration of 1 year after a transfer of
2613 collateral to a person who thereby becomes a debtor and is
2614 located in another jurisdiction.
2615 (6) A security interest in chattel paper, controllable
2616 accounts, controllable electronic records, controllable payment
2617 intangibles, deposit accounts, letter-of-credit rights, or
2618 investment property which is perfected under the law of the
2619 chattel paper's jurisdiction, the controllable electronic
2620 record's jurisdiction, the bank's jurisdiction, the issuer's
2621 jurisdiction, a nominated person's jurisdiction, the securities
2622 intermediary's jurisdiction, or the commodity intermediary's
2623 jurisdiction, as applicable, remains perfected until the earlier
2624 of:
2625 (a) The time the security interest would have become
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2626 unperfected under the law of that jurisdiction; or
2627 (b) The expiration of 4 months after a change of the
2628 applicable jurisdiction to another jurisdiction.
2629 Section 90. Subsections (2) and (4) of section 679.3171,
2630 Florida Statutes, are amended, subsections (8) through (11) are
2631 added to that section, and subsection (1) of that section is
2632 republished, to read:
2633 679.3171 Interests that take priority over or take free of
2634 security interest or agricultural lien.—
2635 (1) A security interest or agricultural lien is
2636 subordinate to the rights of:
2637 (a) A person entitled to priority under s. 679.322; and
2638 (b) Except as otherwise provided in subsection (5), a
2639 person who becomes a lien creditor before the earlier of the
2640 time:
2641 1. The security interest or agricultural lien is
2642 perfected; or
2643 2. One of the conditions specified in s. 679.2031(2)(c) is
2644 met and a financing statement covering the collateral is filed.
2645 (2) Except as otherwise provided in subsection (5), a
2646 buyer, other than a secured party, of tangible chattel paper,
2647 tangible documents, goods, instruments, tangible documents, or a
2648 certificated security takes free of a security interest or
2649 agricultural lien if the buyer gives value and receives delivery
2650 of the collateral without knowledge of the security interest or
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2651 agricultural lien and before it is perfected.
2652 (4) Subject to subsections (6), (7), and (8), a licensee
2653 of a general intangible or a buyer, other than a secured party,
2654 of collateral other than electronic money tangible chattel
2655 paper, tangible documents, goods, instruments, tangible
2656 documents, or a certificated security takes free of a security
2657 interest if the licensee or buyer gives value without knowledge
2658 of the security interest and before it is perfected.
2659 (8) A buyer, other than a secured party, of chattel paper
2660 takes free of a security interest if, without knowledge of the
2661 security interest and before it is perfected, the buyer gives
2662 value and:
2663 (a) Receives delivery of each authoritative tangible copy
2664 of the record evidencing the chattel paper; and
2665 (b) If each authoritative electronic copy of the record
2666 evidencing the chattel paper can be subjected to control under
2667 s. 679.1052, obtains control of each authoritative electronic
2668 copy.
2669 (9) A buyer of an electronic document takes free of a
2670 security interest if, without knowledge of the security interest
2671 and before it is perfected, the buyer gives value and, if each
2672 authoritative electronic copy of the document can be subjected
2673 to control under s. 677.106, obtains control of each
2674 authoritative electronic copy.
2675 (10) A buyer of a controllable electronic record takes
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2676 free of a security interest if, without knowledge of the
2677 security interest and before it is perfected, the buyer gives
2678 value and obtains control of the controllable electronic record.
2679 (11) A buyer, other than a secured party, of a
2680 controllable account or a controllable payment intangible takes
2681 free of a security interest if, without knowledge of the
2682 security interest and before it is perfected, the buyer gives
2683 value and obtains control of the controllable account or
2684 controllable payment intangible.
2685 Section 91. Subsections (4) and (6) of section 679.323,
2686 Florida Statutes, are amended, and subsection (1) of that
2687 section is republished, to read:
2688 679.323 Future advances.—
2689 (1) Except as otherwise provided in subsection (3), for
2690 purposes of determining the priority of a perfected security
2691 interest under s. 679.322(1)(a), perfection of the security
2692 interest dates from the time an advance is made to the extent
2693 that the security interest secures an advance that:
2694 (a) Is made while the security interest is perfected only:
2695 1. Under s. 679.3091 when it attaches; or
2696 2. Temporarily under s. 679.3121(5), (6), or (7); and
2697 (b) Is not made pursuant to a commitment entered into
2698 before or while the security interest is perfected by a method
2699 other than under s. 679.3091 or s. 679.3121(5), (6), or (7).
2700 (4) Except as otherwise provided in subsection (5), a
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2701 buyer of goods other than a buyer in ordinary course of business
2702 takes free of a security interest to the extent that it secures
2703 advances made after the earlier of:
2704 (a) The time the secured party acquires knowledge of the
2705 buyer's purchase; or
2706 (b) Forty-five days after the purchase.
2707 (6) Except as otherwise provided in subsection (7), a
2708 lessee of goods, other than a lessee in ordinary course of
2709 business, takes the leasehold interest free of a security
2710 interest to the extent that it secures advances made after the
2711 earlier of:
2712 (a) The time the secured party acquires knowledge of the
2713 lease; or
2714 (b) Forty-five days after the lease contract becomes
2715 enforceable.
2716 Section 92. Subsections (2) and (4) of section 679.324,
2717 Florida Statutes, are amended to read:
2718 679.324 Priority of purchase-money security interests.—
2719 (2) Subject to subsection (3) and except as otherwise
2720 provided in subsection (7), a perfected purchase-money security
2721 interest in inventory has priority over a conflicting security
2722 interest in the same inventory, has priority over a conflicting
2723 security interest in chattel paper or an instrument constituting
2724 proceeds of the inventory and in proceeds of the chattel paper,
2725 if so provided in s. 679.330, and, except as otherwise provided
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2726 in s. 679.327, also has priority in identifiable cash proceeds
2727 of the inventory to the extent the identifiable cash proceeds
2728 are received on or before the delivery of the inventory to a
2729 buyer, if:
2730 (a) The purchase-money security interest is perfected when
2731 the debtor receives possession of the inventory;
2732 (b) The purchase-money secured party sends a signed an
2733 authenticated notification to the holder of the conflicting
2734 security interest;
2735 (c) The holder of the conflicting security interest
2736 receives the notification within 5 years before the debtor
2737 receives possession of the inventory; and
2738 (d) The notification states that the person sending the
2739 notification has or expects to acquire a purchase-money security
2740 interest in inventory of the debtor and describes the inventory.
2741 (4) Subject to subsection (5) and except as otherwise
2742 provided in subsection (7), a perfected purchase-money security
2743 interest in livestock that are farm products has priority over a
2744 conflicting security interest in the same livestock, and, except
2745 as otherwise provided in s. 679.327, a perfected security
2746 interest in their identifiable proceeds and identifiable
2747 products in their unmanufactured states also has priority, if:
2748 (a) The purchase-money security interest is perfected when
2749 the debtor receives possession of the livestock;
2750 (b) The purchase-money secured party sends a signed an
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2751 authenticated notification to the holder of the conflicting
2752 security interest;
2753 (c) The holder of the conflicting security interest
2754 receives the notification within 6 months before the debtor
2755 receives possession of the livestock; and
2756 (d) The notification states that the person sending the
2757 notification has or expects to acquire a purchase-money security
2758 interest in livestock of the debtor and describes the livestock.
2759 Section 93. Section 679.3251, Florida Statutes, is created
2760 to read:
2761 679.3251 Priority of security interest in controllable
2762 account, controllable electronic record, and controllable
2763 payment intangible.—A security interest in a controllable
2764 account, controllable electronic record, or controllable payment
2765 intangible held by a secured party having control of the
2766 account, electronic record, or payment intangible has priority
2767 over a conflicting security interest held by a secured party
2768 that does not have control.
2769 Section 94. Subsections (1), (2), and (6) of section
2770 679.330, Florida Statutes, are amended, and subsection (4) of
2771 that section is republished, to read:
2772 679.330 Priority of purchaser of chattel paper or
2773 instrument.—
2774 (1) A purchaser of chattel paper has priority over a
2775 security interest in the chattel paper which is claimed merely
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2776 as proceeds of inventory subject to a security interest if:
2777 (a) In good faith and in the ordinary course of the
2778 purchaser's business, the purchaser gives new value, and takes
2779 possession of each authoritative tangible copy of the record
2780 evidencing the chattel paper, and or obtains control under s.
2781 679.1051 of each authoritative electronic copy of the record
2782 evidencing chattel paper under s. 679.1051; and
2783 (b) The authoritative copies of the record evidencing the
2784 chattel paper do does not indicate that the chattel paper it has
2785 been assigned to an identified assignee other than the
2786 purchaser.
2787 (2) A purchaser of chattel paper has priority over a
2788 security interest in the chattel paper which is claimed other
2789 than merely as proceeds of inventory subject to a security
2790 interest if the purchaser gives new value, and takes possession
2791 of each authoritative copy of the record evidencing the chattel
2792 paper, and or obtains control under s. 679.1051 of each
2793 authoritative electronic copy of the record evidencing the
2794 chattel paper under s. 679.1051 in good faith, in the ordinary
2795 course of the purchaser's business, and without knowledge that
2796 the purchase violates the rights of the secured party.
2797 (4) Except as otherwise provided in s. 679.331(1), a
2798 purchaser of an instrument has priority over a security interest
2799 in the instrument perfected by a method other than possession if
2800 the purchaser gives value and takes possession of the instrument
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2801 in good faith and without knowledge that the purchase violates
2802 the rights of the secured party.
2803 (6) For purposes of subsections (2) and (4), if the
2804 authoritative copies of the record evidencing chattel paper or
2805 an instrument indicate indicates that the chattel paper or
2806 instrument it has been assigned to an identified secured party
2807 other than the purchaser, a purchaser of the chattel paper or
2808 instrument has knowledge that the purchase violates the rights
2809 of the secured party.
2810 Section 95. Section 679.331, Florida Statutes, is amended
2811 to read:
2812 679.331 Priority of rights of purchasers of controllable
2813 accounts, controllable electronic records, controllable payment
2814 intangibles instruments, documents, instruments, and securities
2815 under other articles; priority of interests in financial assets
2816 and security entitlements and protection against assertion of
2817 claim under chapters 669 and chapter 678.—
2818 (1) This chapter does not limit the rights of a holder in
2819 due course of a negotiable instrument, a holder to which a
2820 negotiable document of title has been duly negotiated, or a
2821 protected purchaser of a security, or a qualifying purchase of a
2822 controllable account, controllable electronic record, or
2823 controllable payment intangible. These holders or purchasers
2824 take priority over an earlier security interest, even if
2825 perfected, to the extent provided in chapters 669, 673, 677, and
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2826 678.
2827 (2) This chapter does not limit the rights of or impose
2828 liability on a person to the extent that the person is protected
2829 against the assertion of an adverse claim under chapter 669 or
2830 chapter 678.
2831 (3) Filing under this chapter does not constitute notice
2832 of a claim or defense to the holders, purchasers, or persons
2833 described in subsections (1) and (2).
2834 Section 96. Section 679.332, Florida Statutes, is amended
2835 to read:
2836 679.332 Transfer of money; transfer of funds from deposit
2837 account; transfer of electronic money.—
2838 (1) A transferee of tangible money takes the money free of
2839 a security interest if the transferee receives possession of the
2840 money without acting unless the transferee acts in collusion
2841 with the debtor in violating the rights of the secured party.
2842 (2) A transferee of funds from a deposit account takes the
2843 funds free of a security interest in the deposit account if the
2844 transferee receives the funds without acting unless the
2845 transferee acts in collusion with the debtor in violating the
2846 rights of the secured party.
2847 (3) A transferee of electronic money takes the money free
2848 of a security interest if the transferee obtains control of the
2849 money without acting in collusion with the debtor in violating
2850 the rights of the secured party.
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2851 Section 97. Section 679.341, Florida Statutes, is amended
2852 to read:
2853 679.341 Bank's rights and duties with respect to deposit
2854 account.—Except as otherwise provided in s. 679.340(3), and
2855 unless the bank otherwise agrees in a signed an authenticated
2856 record, a bank's rights and duties with respect to a deposit
2857 account maintained with the bank are not terminated, suspended,
2858 or modified by:
2859 (1) The creation, attachment, or perfection of a security
2860 interest in the deposit account;
2861 (2) The bank's knowledge of the security interest; or
2862 (3) The bank's receipt of instructions from the secured
2863 party.
2864 Section 98. Subsection (1) of section 679.4041, Florida
2865 Statutes, is amended to read:
2866 679.4041 Rights acquired by assignee; claims and defenses
2867 against assignee.—
2868 (1) Unless an account debtor has made an enforceable
2869 agreement not to assert defenses or claims, and subject to
2870 subsections (2)-(5) (2) through (5), the rights of an assignee
2871 are subject to:
2872 (a) All terms of the agreement between the account debtor
2873 and assignor and any defense or claim in recoupment arising from
2874 the transaction that gave rise to the contract; and
2875 (b) Any other defense or claim of the account debtor
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2876 against the assignor which accrues before the account debtor
2877 receives a notification of the assignment signed authenticated
2878 by the assignor or the assignee.
2879 Section 99. Subsections (1) through (4) and (7) of section
2880 679.4061, Florida Statutes, are amended, and subsection (13) is
2881 added to that section, to read:
2882 679.4061 Discharge of account debtor; notification of
2883 assignment; identification and proof of assignment; restrictions
2884 on assignment of accounts, chattel paper, payment intangibles,
2885 and promissory notes ineffective.—
2886 (1) Subject to subsections (2)-(9) (2) through (9) and
2887 (13), an account debtor on an account, chattel paper, or a
2888 payment intangible may discharge its obligation by paying the
2889 assignor until, but not after, the account debtor receives a
2890 notification, signed authenticated by the assignor or the
2891 assignee, that the amount due or to become due has been assigned
2892 and that payment is to be made to the assignee. After receipt of
2893 the notification, the account debtor may discharge its
2894 obligation by paying the assignee and may not discharge the
2895 obligation by paying the assignor.
2896 (2) Subject to subsections (8) and (13) subsection (8),
2897 notification is ineffective under subsection (1):
2898 (a) If it does not reasonably identify the rights
2899 assigned;
2900 (b) To the extent that an agreement between an account
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2901 debtor and a seller of a payment intangible limits the account
2902 debtor's duty to pay a person other than the seller and the
2903 limitation is effective under law other than this chapter; or
2904 (c) At the option of an account debtor, if the
2905 notification notifies the account debtor to make less than the
2906 full amount of any installment or other periodic payment to the
2907 assignee, even if:
2908 1. Only a portion of the account, chattel paper, or
2909 payment intangible has been assigned to that assignee;
2910 2. A portion has been assigned to another assignee; or
2911 3. The account debtor knows that the assignment to that
2912 assignee is limited.
2913 (3) Subject to subsections (8) and (13) subsection (8), if
2914 requested by the account debtor, an assignee shall seasonably
2915 furnish reasonable proof that the assignment has been made.
2916 Unless the assignee complies, the account debtor may discharge
2917 its obligation by paying the assignor, even if the account
2918 debtor has received a notification under subsection (1).
2919 (4) For the purposes of this subsection, the term
2920 "promissory note" includes a negotiable instrument that
2921 evidences chattel paper. Except as otherwise provided in
2922 subsections (5) and (12) and ss. 680.303 and 679.4071, and
2923 subject to subsection (8), a term in an agreement between an
2924 account debtor and an assignor or in a promissory note is
2925 ineffective to the extent that it:
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2926 (a) Prohibits, restricts, or requires the consent of the
2927 account debtor or person obligated on the promissory note to the
2928 assignment or transfer of, or the creation, attachment,
2929 perfection, or enforcement of a security interest in, the
2930 account, chattel paper, payment intangible, or promissory note;
2931 or
2932 (b) Provides that the assignment or transfer or the
2933 creation, attachment, perfection, or enforcement of the security
2934 interest may give rise to a default, breach, right of
2935 recoupment, claim, defense, termination, right of termination,
2936 or remedy under the account, chattel paper, payment intangible,
2937 or promissory note.
2938 (7) Subject to subsections (8) and (13) subsection (8), an
2939 account debtor may not waive or vary its option under paragraph
2940 (2)(c).
2941 (13) Subsections (1), (2), (3), and (7) do not apply to a
2942 controllable account or controllable payment intangible.
2943 Section 100. Subsection (9) is added to section 679.4081,
2944 Florida Statutes, to read:
2945 679.4081 Restrictions on assignment of promissory notes,
2946 health-care-insurance receivables, and certain general
2947 intangibles ineffective.—
2948 (9) For the purposes of this section, the term "promissory
2949 note" includes a negotiable instrument that evidences chattel
2950 paper.
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2951 Section 101. Subsections (1) and (2) of section 679.509,
2952 Florida Statutes, are amended to read:
2953 679.509 Persons entitled to file a record.—
2954 (1) A person may file an initial financing statement,
2955 amendment that adds collateral covered by a financing statement,
2956 or amendment that adds a debtor to a financing statement only
2957 if:
2958 (a) The debtor authorizes the filing in a signed an
2959 authenticated record or pursuant to subsection (2) or subsection
2960 (3); or
2961 (b) The person holds an agricultural lien that has become
2962 effective at the time of filing and the financing statement
2963 covers only collateral in which the person holds an agricultural
2964 lien.
2965 (2) By signing authenticating or becoming bound as a
2966 debtor by a security agreement, a debtor or new debtor
2967 authorizes the filing of an initial financing statement, and an
2968 amendment, covering:
2969 (a) The collateral described in the security agreement;
2970 and
2971 (b) Property that becomes collateral under s.
2972 679.3151(1)(b), whether or not the security agreement expressly
2973 covers proceeds.
2974 Section 102. Subsections (2) and (3) of section 679.513,
2975 Florida Statutes, are amended to read:
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2976 679.513 Termination statement.—
2977 (2) To comply with subsection (1), a secured party shall
2978 cause the secured party of record to file the termination
2979 statement:
2980 (a) Within 1 month after there is no obligation secured by
2981 the collateral covered by the financing statement and no
2982 commitment to make an advance, incur an obligation, or otherwise
2983 give value; or
2984 (b) If earlier, within 20 days after the secured party
2985 receives a signed an authenticated demand from a debtor.
2986 (3) In cases not governed by subsection (1), within 20
2987 days after a secured party receives a signed an authenticated
2988 demand from a debtor, the secured party shall cause the secured
2989 party of record for a financing statement to send to the debtor
2990 a termination statement for the financing statement or file the
2991 termination statement in the filing office if:
2992 (a) Except in the case of a financing statement covering
2993 accounts or chattel paper that has been sold or goods that are
2994 the subject of a consignment, there is no obligation secured by
2995 the collateral covered by the financing statement and no
2996 commitment to make an advance, incur an obligation, or otherwise
2997 give value;
2998 (b) The financing statement covers accounts or chattel
2999 paper that has been sold but as to which the account debtor or
3000 other person obligated has discharged its obligation;
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3001 (c) The financing statement covers goods that were the
3002 subject of a consignment to the debtor but are not in the
3003 debtor's possession; or
3004 (d) The debtor did not authorize the filing of the initial
3005 financing statement.
3006 Section 103. Subsection (2) of section 679.601, Florida
3007 Statutes, is amended, and subsection (4) of that section is
3008 republished, to read:
3009 679.601 Rights after default; judicial enforcement;
3010 consignor or buyer of accounts, chattel paper, payment
3011 intangibles, or promissory notes.—
3012 (2) A secured party in possession of collateral or control
3013 of collateral under s. 679.1041, s. 679.1051, s. 679.1052, s.
3014 679.1053, s. 679.1061, or s. 679.1071 has the rights and duties
3015 provided in s. 679.2071.
3016 (4) Except as otherwise provided in subsection (7) and s.
3017 679.605, after default, a debtor and an obligor have the rights
3018 provided in this part and by agreement of the parties.
3019 Section 104. Subsection (4) of section 679.604, Florida
3020 Statutes, is amended to read:
3021 679.604 Procedure if security agreement covers real
3022 property or fixtures.—
3023 (4) A secured party that removes collateral shall promptly
3024 reimburse any encumbrancer or owner of the real property, other
3025 than the debtor, for the cost of repair of any physical injury
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3026 caused by the removal. The secured party need not reimburse the
3027 encumbrancer or owner for any diminution in value of the real
3028 property caused by the absence of the goods removed or by any
3029 necessity of replacing them. A person entitled to reimbursement
3030 may refuse permission to remove until the secured party gives
3031 adequate assurance for the performance of the obligation to
3032 reimburse. This subsection does not prohibit a secured party and
3033 the person entitled to reimbursement from entering into a signed
3034 an authenticated record providing for the removal of fixtures
3035 and reimbursement for any damage caused thereby.
3036 Section 105. Section 679.605, Florida Statutes, is amended
3037 to read:
3038 679.605 Unknown debtor or secondary obligor.—
3039 (1) Except as provided in subsection (2), a secured party
3040 does not owe a duty based on its status as secured party:
3041 (a)(1) To a person who is a debtor or obligor, unless the
3042 secured party knows:
3043 1.(a) That the person is a debtor or obligor;
3044 2.(b) The identity of the person; and
3045 3.(c) How to communicate with the person; or
3046 (b)(2) To a secured party or lienholder that has filed a
3047 financing statement against a person, unless the secured party
3048 knows:
3049 1.(a) That the person is a debtor; and
3050 2.(b) The identity of the person.
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3051 (2) A secured party owes a duty based on its status as a
3052 secured party to a person if, at the time the secured party
3053 obtains control of collateral that is a controllable account,
3054 controllable electronic record, or controllable payment
3055 intangible or at the time the security interest attaches to the
3056 collateral, whichever is later:
3057 (a) The person is a debtor or obligor; and
3058 (b) The secured party knows that the information relating
3059 to the person in subparagraph (1)(a)1., subparagraph (1)(a)2.,
3060 or subparagraph (1)(a)3. is not provided by the collateral, a
3061 record attached to or logically associated with the collateral,
3062 or the system in which the collateral is recorded.
3063 Section 106. Paragraph (a) of subsection (1) and
3064 subsection (3) of section 679.608, Florida Statutes, are amended
3065 to read:
3066 679.608 Application of proceeds of collection or
3067 enforcement; liability for deficiency and right to surplus.—
3068 (1) If a security interest or agricultural lien secures
3069 payment or performance of an obligation, the following rules
3070 apply:
3071 (a) A secured party shall apply or pay over for
3072 application the cash proceeds of collection or enforcement under
3073 s. 679.607 in the following order to:
3074 1. The reasonable expenses of collection and enforcement
3075 and, to the extent provided for by agreement and not prohibited
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3076 by law, reasonable attorney's fees and legal expenses incurred
3077 by the secured party;
3078 2. The satisfaction of obligations secured by the security
3079 interest or agricultural lien under which the collection or
3080 enforcement is made; and
3081 3. The satisfaction of obligations secured by any
3082 subordinate security interest in or other lien on the collateral
3083 subject to the security interest or agricultural lien under
3084 which the collection or enforcement is made if the secured party
3085 receives a signed an authenticated demand for proceeds before
3086 distribution of the proceeds is completed.
3087 (3) If the secured party in good faith cannot determine
3088 the validity, extent, or priority of a subordinate security
3089 interest or other lien or there are conflicting claims of
3090 subordinate interests or liens, the secured party may commence
3091 an interpleader action with respect to remaining proceeds in
3092 excess of $2,500 in the circuit or county court, as applicable
3093 based upon the amount to be deposited, where the collateral was
3094 located or collected or in the county where the debtor has its
3095 chief executive office or principal residence in this state, as
3096 applicable. If authorized in a signed an authenticated record,
3097 the interpleading secured party is entitled to be paid from the
3098 remaining proceeds the actual costs of the filing fee and an
3099 attorney attorney's fee in the amount of $250 incurred in
3100 connection with filing the interpleader action and obtaining an
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3101 order approving the interpleader of funds. The debtor in a
3102 consumer transaction may not be assessed for the reasonable
3103 attorney attorney's fees and costs incurred in the interpleader
3104 action by the holders of subordinate security interests or other
3105 liens based upon disputes among said holders, and a debtor in a
3106 transaction other than a consumer transaction may only recover
3107 such fees and costs to the extent provided for in a signed an
3108 authenticated record. If authorized in a signed an authenticated
3109 record, the court in the interpleader action may award
3110 reasonable attorney attorney's fees and costs to the prevailing
3111 party in a dispute between the debtor and a holder of a security
3112 interest or lien which claims an interest in the remaining
3113 interplead proceeds, but only if the debtor challenges the
3114 validity, priority, or extent of said security interest or lien.
3115 Except as provided in this subsection, a debtor may not be
3116 assessed reasonable attorney attorney's fees and costs incurred
3117 by any party in an interpleader action commenced under this
3118 section.
3119 Section 107. Subsections (1), (2), (3), (5), and (6) of
3120 section 679.611, Florida Statutes, are amended to read:
3121 679.611 Notification before disposition of collateral.—
3122 (1) In this section, the term "notification date" means
3123 the earlier of the date on which:
3124 (a) A secured party sends to the debtor and any secondary
3125 obligor a signed an authenticated notification of disposition;
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3126 or
3127 (b) The debtor and any secondary obligor waive the right
3128 to notification.
3129 (2) Except as otherwise provided in subsection (4), a
3130 secured party that disposes of collateral under s. 679.610 shall
3131 send to the persons specified in subsection (3) a reasonable
3132 signed authenticated notification of disposition.
3133 (3) To comply with subsection (2), the secured party shall
3134 send a signed an authenticated notification of disposition to:
3135 (a) The debtor;
3136 (b) Any secondary obligor; and
3137 (c) If the collateral is other than consumer goods:
3138 1. Any other person from whom the secured party has
3139 received, before the notification date, a signed an
3140 authenticated notification of a claim of an interest in the
3141 collateral;
3142 2. Any other secured party or lienholder that, 10 days
3143 before the notification date, held a security interest in or
3144 other lien on the collateral perfected by the filing of a
3145 financing statement that:
3146 a. Identified the collateral;
3147 b. Was indexed under the debtor's name as of that date;
3148 and
3149 c. Was filed in the office in which to file a financing
3150 statement against the debtor covering the collateral as of that
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3151 date; and
3152 3. Any other secured party that, 10 days before the
3153 notification date, held a security interest in the collateral
3154 perfected by compliance with a statute, regulation, or treaty
3155 described in s. 679.3111(1).
3156 (5) A secured party complies with the requirement for
3157 notification prescribed by subparagraph (3)(c)2. if:
3158 (a) Not later than 20 days or earlier than 30 days before
3159 the notification date, the secured party requests, in a
3160 commercially reasonable manner, information concerning financing
3161 statements indexed under the debtor's name in the office
3162 indicated in subparagraph (3)(c)2.; and
3163 (b) Before the notification date, the secured party:
3164 1. Did not receive a response to the request for
3165 information; or
3166 2. Received a response to the request for information and
3167 sent a signed an authenticated notification of disposition to
3168 each secured party or other lienholder named in that response
3169 whose financing statement covered the collateral.
3170 (6) For purposes of subsection (3), the secured party may
3171 send the signed authenticated notification as follows:
3172 (a) If the collateral is other than consumer goods, to the
3173 debtor at the address in the financing statement, unless the
3174 secured party has received a signed an authenticated record from
3175 the debtor notifying the secured party of a different address
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3176 for such notification purposes or the secured party has actual
3177 knowledge of the address of the debtor's chief executive office
3178 or principal residence, as applicable, at the time the
3179 notification is sent;
3180 (b) If the collateral is other than consumer goods, to any
3181 secondary obligor at the address, if any, in the signed
3182 authenticated agreement, unless the secured party has received a
3183 signed an authenticated record from the secondary obligor
3184 notifying the secured party of a different address for such
3185 notification purposes or the secured party has actual knowledge
3186 of the address of the secondary obligor's chief executive office
3187 or principal residence, as applicable, at the time the
3188 notification is sent; and
3189 (c) If the collateral is other than consumer goods:
3190 1. To the person described in subparagraph (3)(c)1., at
3191 the address stated in the notification;
3192 2. To the person described in subparagraph (3)(c)2., at
3193 the address stated in the financing statement;
3194 3. To the person described in subparagraph (3)(c)3., at
3195 the address stated in the official records of the recording or
3196 registration agency.
3197 Section 108. Subsection (5) of section 679.613, Florida
3198 Statutes, is amended to read:
3199 679.613 Contents and form of notification before
3200 disposition of collateral; general.—Except in a consumer-goods
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3201 transaction, the following rules apply:
3202 (5)(a) The following form of notification and the form
3203 appearing in s. 679.614(3)(a) s. 679.614(3), when completed in
3204 accordance with the instructions in paragraph (b), each provides
3205 sufficient information:
3206
3207 NOTIFICATION OF DISPOSITION
3208 OF COLLATERAL
3209
3210 To:...(Name of debtor, obligor, or other person to which the
3211 notification is sent)...
3212 From:...(Name, address, and telephone number of secured
3213 party)...
3214 Item 1. Name of any debtor that is not an addressee
3215 Debtor(s):...(Name of each debtor Include only if debtor(s) are
3216 not an addressee)...
3217 [For a public disposition:]
3218 Item 2. We will sell [or lease or license, as applicable]
3219 the ...(describe collateral)...to the highest qualified bidder
3220 at public sale. A sale could include a lease or a license. The
3221 sale will be held in public as follows:
3222 Day and Date:
3223 Time:
3224 Place:
3225 [For a private disposition:]
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3226 Item 3. We will sell [or lease or license, as applicable]
3227 the ...(describe collateral)... at a private sale privately
3228 sometime after ...(day and date).... A sale could include a
3229 lease or a license.
3230 Item 4. You are entitled to an accounting of the unpaid
3231 indebtedness secured by the property that we intend to sell or,
3232 as applicable, [or lease or license.
3233 Item 5. If you request an accounting, you must pay, as
3234 applicable] for a charge of $.....
3235 Item 6. You may request an accounting by calling us at
3236 ...(telephone number)....
3237 (b) The following instructions apply to the form set forth
3238 in paragraph (a):
3239 1. Do not include the item numbers in the notification, as
3240 they are used only for the purpose of clarification.
3241 2. Include and complete Item 1 only if there is a debtor
3242 that is not an addressee of the notification and list the name
3243 or names.
3244 3. Include and complete either Item 2, if the notification
3245 relates to a public disposition of the collateral, or Item 3, if
3246 the notification relates to a private disposition of the
3247 collateral. If Item 2 is completed, include the words "to the
3248 highest qualified bidder" only if applicable.
3249 4. Include and complete Items 4 and 6.
3250 5. Include and complete Item 5 only if the sender will
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3251 charge the recipient for an accounting.
3252 Section 109. Subsection (3) of section 679.614, Florida
3253 Statutes, is amended to read:
3254 679.614 Contents and form of notification before
3255 disposition of collateral; consumer-goods transaction.—In a
3256 consumer-goods transaction, the following rules apply:
3257 (3)(a) The following form of notification, when completed
3258 in accordance with the instructions set forth in paragraph (b),
3259 provides sufficient information:
3260
3261 ...(Name and address of secured party)...
3262 ...(Date)...
3263
3264 NOTICE OF OUR PLAN TO SELL PROPERTY
3265
3266 ...(Name and address of any obligor who is also a debtor)...
3267 Subject:...(Identify Identification of Transaction)...
3268 We have your ...(describe collateral)..., because you broke
3269 promises in our agreement.
3270 [For a public disposition:]
3271 Item 1. We will sell ...(describe collateral)... at public
3272 sale. A sale could include a lease or license. The sale will be
3273 held as follows:
3274 Date:
3275 Time:
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3276 Place:
3277
3278 You may attend the sale and bring bidders if you want.
3279 [For a private disposition:]
3280 Item 2. We will sell ...(describe collateral)... at private
3281 sale sometime after ...(date).... A sale could include a lease
3282 or license.
3283 Item 3. The money that we get from the sale (after paying
3284 our costs) will reduce the amount you owe. If we get less money
3285 than you owe, you ...(will or will not, as applicable)... still
3286 owe us the difference. If we get more money than you owe, you
3287 will get the extra money, unless we must pay it to someone else.
3288 Item 4. You can get the property back at any time before we
3289 sell it by paying us the full amount you owe, (not just the past
3290 due payments), including our expenses. To learn the exact amount
3291 you must pay, call us at ...(telephone number)....
3292 Item 5. If you want us to explain to you ...(in writing or
3293 in description of electronic record)... how we have figured the
3294 amount that you owe us, Item 6. you may call us at ...(telephone
3295 number)..., or write us at ...(secured party's address)..., or
3296 contact us by ...(description of electronic communication
3297 method)... Item 7. and request a written explanation, an
3298 explanation in ...(description of electronic record)....
3299 Item 8. We will charge you $.... for the explanation if we
3300 sent you another written explanation of the amount you owe us
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3301 within the last 6 months.
3302 Item 9. If you need more information about the sale, call
3303 us at ...(telephone number)..., or write us at ...(secured
3304 party's address)..., or contact us by ...(description of
3305 electronic communication method)....
3306 Item 10. We are sending this notice to the following other
3307 people who have an interest in ...(describe collateral)... or
3308 who owe money under your agreement:
3309 ...(Names of all other debtors and obligors, if any)...
3310 (b) The following instructions apply to the form of
3311 notification in paragraph (a):
3312 1. The instructions in this paragraph refer to the numbers
3313 before items in the form of notification in paragraph (a). Do
3314 not include the numbers in the notification. The numbers are
3315 used only for the purpose of these instructions.
3316 2. Include and complete either Item 1, if the notification
3317 relates to a public disposition of the collateral, or Item 2, if
3318 the notification relates to a private disposition of the
3319 collateral.
3320 3. Include and complete Items 3, 4, 5, 6, and 7.
3321 4. In Item 5, include and complete any one of the three
3322 alternative methods for the explanation identified in paragraph
3323 (a).
3324 5. In Item 6, include the telephone number. In addition,
3325 the sender may include and complete either or both of the two
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3326 additional alternative methods of communication identified in
3327 paragraph (a) for the recipient of the notification to
3328 communicate with the sender. Neither of the two additional
3329 methods of communication is required to be included.
3330 6. In Item 7, include and complete the method or methods
3331 for the explanation—writing, writing or electronic record, or
3332 electronic record—included in Item 5.
3333 7. Include and complete Item 8 only if a written
3334 explanation is included in Item 5 as a method for communicating
3335 the explanation and the sender will charge the recipient for
3336 another written explanation.
3337 8. In Item 9, include either the telephone number or the
3338 address, or both. In addition, the sender may include and
3339 complete the additional method of communication identified in
3340 paragraph (a) for the recipient of the notification to
3341 communicate with the sender. The additional method of electronic
3342 communication is not required to be included.
3343 9. If Item 10 does not apply, insert "None" after
3344 "agreement:."
3345 Section 110. Subsection (1) of section 679.615, Florida
3346 Statutes, is amended to read:
3347 679.615 Application of proceeds of disposition; liability
3348 for deficiency and right to surplus.—
3349 (1) A secured party shall apply or pay over for
3350 application the cash proceeds of disposition under s. 679.610 in
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3351 the following order to:
3352 (a) The reasonable expenses of retaking, holding,
3353 preparing for disposition, processing, and disposing, and, to
3354 the extent provided for by agreement and not prohibited by law,
3355 reasonable attorney's fees and legal expenses incurred by the
3356 secured party;
3357 (b) The satisfaction of obligations secured by the
3358 security interest or agricultural lien under which the
3359 disposition is made;
3360 (c) The satisfaction of obligations secured by any
3361 subordinate security interest in or other subordinate lien on
3362 the collateral if:
3363 1. The secured party receives from the holder of the
3364 subordinate security interest or other lien a signed an
3365 authenticated demand for proceeds before distribution of the
3366 proceeds is completed; and
3367 2. In a case in which a consignor has an interest in the
3368 collateral, the subordinate security interest or other lien is
3369 senior to the interest of the consignor; and
3370 (d) A secured party that is a consignor of the collateral
3371 if the secured party receives from the consignor a signed an
3372 authenticated demand for proceeds before distribution of the
3373 proceeds is completed.
3374 Section 111. Subsections (1), (2), and (3) of section
3375 679.616, Florida Statutes, are amended to read:
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3376 679.616 Explanation of calculation of surplus or
3377 deficiency.—
3378 (1) In this section, the term:
3379 (a) "Explanation" means a record writing that:
3380 1. States the amount of the surplus or deficiency;
3381 2. Provides an explanation in accordance with subsection
3382 (3) of how the secured party calculated the surplus or
3383 deficiency;
3384 3. States, if applicable, that future debits, credits,
3385 charges, including additional credit service charges or
3386 interest, rebates, and expenses may affect the amount of the
3387 surplus or deficiency; and
3388 4. Provides a telephone number or mailing address from
3389 which additional information concerning the transaction is
3390 available.
3391 (b) "Request" means a record:
3392 1. Signed Authenticated by a debtor or consumer obligor;
3393 2. Requesting that the recipient provide an explanation;
3394 and
3395 3. Sent after disposition of the collateral under s.
3396 679.610.
3397 (2) In a consumer-goods transaction in which the debtor is
3398 entitled to a surplus or a consumer obligor is liable for a
3399 deficiency under s. 679.615, the secured party shall:
3400 (a) Send an explanation to the debtor or consumer obligor,
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3401 as applicable, after the disposition and:
3402 1. Before or when the secured party accounts to the debtor
3403 and pays any surplus or first makes written demand in a record
3404 on the consumer obligor after the disposition for payment of the
3405 deficiency; and
3406 2. Within 14 days after receipt of a request; or
3407 (b) In the case of a consumer obligor who is liable for a
3408 deficiency, within 14 days after receipt of a request, send to
3409 the consumer obligor a record waiving the secured party's right
3410 to a deficiency.
3411 (3) To comply with subparagraph (1)(a)2., an explanation a
3412 writing must provide the following information in the following
3413 order:
3414 (a) The aggregate amount of obligations secured by the
3415 security interest under which the disposition was made, and, if
3416 the amount reflects a rebate of unearned interest or credit
3417 service charge, an indication of that fact, calculated as of a
3418 specified date:
3419 1. If the secured party takes or receives possession of
3420 the collateral after default, not more than 35 days before the
3421 secured party takes or receives possession; or
3422 2. If the secured party takes or receives possession of
3423 the collateral before default or does not take possession of the
3424 collateral, not more than 35 days before the disposition;
3425 (b) The amount of proceeds of the disposition;
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3426 (c) The aggregate amount of the obligations after
3427 deducting the amount of proceeds;
3428 (d) The amount, in the aggregate or by type, and types of
3429 expenses, including expenses of retaking, holding, preparing for
3430 disposition, processing, and disposing of the collateral, and
3431 attorney's fees secured by the collateral which are known to the
3432 secured party and relate to the current disposition;
3433 (e) The amount, in the aggregate or by type, and types of
3434 credits, including rebates of interest or credit service
3435 charges, to which the obligor is known to be entitled and which
3436 are not reflected in the amount in paragraph (a); and
3437 (f) The amount of the surplus or deficiency.
3438 Section 112. Subsection (1) of section 679.619, Florida
3439 Statutes, is amended to read:
3440 679.619 Transfer of record or legal title.—
3441 (1) In this section, the term "transfer statement" means a
3442 record signed authenticated by a secured party stating:
3443 (a) That the debtor has defaulted in connection with an
3444 obligation secured by specified collateral;
3445 (b) That the secured party has exercised its post-default
3446 remedies with respect to the collateral;
3447 (c) That, by reason of the exercise, a transferee has
3448 acquired the rights of the debtor in the collateral; and
3449 (d) The name and mailing address of the secured party,
3450 debtor, and transferee.
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3451 Section 113. Subsections (1), (2), (3), and (6) of section
3452 679.620, Florida Statutes, are amended to read:
3453 679.620 Acceptance of collateral in full or partial
3454 satisfaction of obligation; compulsory disposition of
3455 collateral.—
3456 (1) Except as otherwise provided in subsection (7), a
3457 secured party may accept collateral in full or partial
3458 satisfaction of the obligation it secures only if:
3459 (a) The debtor consents to the acceptance under subsection
3460 (3);
3461 (b) The secured party does not receive, within the time
3462 set forth in subsection (4), a notification of objection to the
3463 proposal signed authenticated by:
3464 1. A person to whom the secured party was required to send
3465 a proposal under s. 679.621; or
3466 2. Any other person, other than the debtor, holding an
3467 interest in the collateral subordinate to the security interest
3468 that is the subject of the proposal;
3469 (c) If the collateral is consumer goods, the collateral is
3470 not in the possession of the debtor when the debtor consents to
3471 the acceptance; and
3472 (d) Subsection (5) does not require the secured party to
3473 dispose of the collateral or the debtor waives the requirement
3474 pursuant to s. 679.624.
3475 (2) A purported or apparent acceptance of collateral under
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3476 this section is ineffective unless:
3477 (a) The secured party consents to the acceptance in a
3478 signed an authenticated record or sends a proposal to the
3479 debtor; and
3480 (b) The conditions of subsection (1) are met.
3481 (3) For purposes of this section:
3482 (a) A debtor consents to an acceptance of collateral in
3483 partial satisfaction of the obligation it secures only if the
3484 debtor agrees to the terms of the acceptance in a record signed
3485 authenticated after default; and
3486 (b) A debtor consents to an acceptance of collateral in
3487 full satisfaction of the obligation it secures only if the
3488 debtor agrees to the terms of the acceptance in a record signed
3489 authenticated after default or the secured party:
3490 1. Sends to the debtor after default a proposal that is
3491 unconditional or subject only to a condition that collateral not
3492 in the possession of the secured party be preserved or
3493 maintained;
3494 2. In the proposal, proposes to accept collateral in full
3495 satisfaction of the obligation it secures, and, in a consumer
3496 transaction, provides notice that the proposal will be deemed
3497 accepted if it is not objected to by an authenticated notice
3498 within 30 days after the date the proposal is sent by the
3499 secured party; and
3500 3. Does not receive a notification of objection signed
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3501 authenticated by the debtor within 30 days after the proposal is
3502 sent.
3503 (6) To comply with subsection (5), the secured party shall
3504 dispose of the collateral:
3505 (a) Within 90 days after taking possession; or
3506 (b) Within any longer period to which the debtor and all
3507 secondary obligors have agreed in an agreement to that effect
3508 entered into and signed authenticated after default.
3509 Section 114. Subsection (1) of section 679.621, Florida
3510 Statutes, is amended to read:
3511 679.621 Notification of proposal to accept collateral.—
3512 (1) A secured party that desires to accept collateral in
3513 full or partial satisfaction of the obligation it secures shall
3514 send its proposal to:
3515 (a) Any person from whom the secured party has received,
3516 before the debtor consented to the acceptance, a signed an
3517 authenticated notification of a claim of an interest in the
3518 collateral;
3519 (b) Any other secured party or lienholder that, 10 days
3520 before the debtor consented to the acceptance, held a security
3521 interest in or other lien on the collateral perfected by the
3522 filing of a financing statement that:
3523 1. Identified the collateral;
3524 2. Was indexed under the debtor's name as of that date;
3525 and
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3526 3. Was filed in the office or offices in which to file a
3527 financing statement against the debtor covering the collateral
3528 as of that date; and
3529 (c) Any other secured party that, 10 days before the
3530 debtor consented to the acceptance, held a security interest in
3531 the collateral perfected by compliance with a statute,
3532 regulation, or treaty described in s. 679.3111(1).
3533 Section 115. Section 679.624, Florida Statutes, is amended
3534 to read:
3535 679.624 Waiver.—
3536 (1) A debtor or secondary obligor may waive the right to
3537 notification of disposition of collateral under s. 679.611 only
3538 by an agreement to that effect entered into and signed
3539 authenticated after default.
3540 (2) A debtor may waive the right to require disposition of
3541 collateral under s. 679.620(5) only by an agreement to that
3542 effect entered into and signed authenticated after default.
3543 (3) Except in a consumer-goods transaction, a debtor or
3544 secondary obligor may waive the right to redeem collateral under
3545 s. 679.623 only by an agreement to that effect entered into and
3546 signed authenticated after default.
3547 Section 116. Subsections (1) and (5) of section 679.625,
3548 Florida Statutes, are amended, and subsections (3), (6), and (7)
3549 are republished, to read:
3550 679.625 Remedies for failure to comply with article.—
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3551 (1) If it is established that a secured party is not
3552 proceeding in accordance with this chapter, a court may order or
3553 restrain collection, enforcement, or disposition of collateral
3554 on appropriate terms and conditions. This subsection does shall
3555 not preclude a debtor other than a consumer and a secured party,
3556 or two or more secured parties in other than a consumer
3557 transaction, from agreeing in a signed an authenticated record
3558 that the debtor or secured party must first provide to the
3559 alleged offending secured party notice of a violation of this
3560 chapter and opportunity to cure before commencing any legal
3561 proceeding under this section.
3562 (3) Except as otherwise provided in s. 679.628:
3563 (a) A person who, at the time of the failure, was a
3564 debtor, was an obligor, or held a security interest in or other
3565 lien on the collateral may recover damages under subsection (2)
3566 for the person's loss; and
3567 (b) If the collateral is consumer goods, a person who was
3568 a debtor or a secondary obligor at the time a secured party
3569 failed to comply with this part may recover for that failure in
3570 any event an amount not less than the credit service charge plus
3571 10 percent of the principal amount of the obligation or the
3572 time-price differential plus 10 percent of the cash price.
3573 (5) In lieu of damages recoverable under subsection (2),
3574 the debtor, consumer obligor, or person named as a debtor in a
3575 filed record, as applicable, may recover $500 in each case from
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3576 a person who:
3577 (a) Fails to comply with s. 679.2081;
3578 (b) Fails to comply with s. 679.209;
3579 (c) Files a record that the person is not entitled to file
3580 under s. 679.509(1);
3581 (d) Fails to cause the secured party of record to file or
3582 send a termination statement as required by s. 679.513(1) or (3)
3583 after receipt of a signed an authenticated record notifying the
3584 person of such noncompliance;
3585 (e) Fails to comply with s. 679.616(2)(a) and whose
3586 failure is part of a pattern, or consistent with a practice, of
3587 noncompliance; or
3588 (f) Fails to comply with s. 679.616(2)(b).
3589 (6) A debtor or consumer obligor may recover damages under
3590 subsection (2) and, in addition, $500 in each case from a person
3591 who, without reasonable cause, fails to comply with a request
3592 under s. 679.210. A recipient of a request under s. 679.210
3593 which never claimed an interest in the collateral or obligations
3594 that are the subject of a request under that section has a
3595 reasonable excuse for failure to comply with the request within
3596 the meaning of this subsection.
3597 (7) If a secured party fails to comply with a request
3598 regarding a list of collateral or a statement of account under
3599 s. 679.210, the secured party may claim a security interest only
3600 as shown in the list or statement included in the request as
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3601 against a person who is reasonably misled by the failure.
3602 Section 117. Subsections (1) and (2) of section 679.628,
3603 Florida Statutes, are amended, and subsection (6) is added to
3604 that section, to read:
3605 679.628 Nonliability and limitation on liability of
3606 secured party; liability of secondary obligor.—
3607 (1) Subject to subsection (6), unless a secured party
3608 knows that a person is a debtor or obligor, knows the identity
3609 of the person, and knows how to communicate with the person:
3610 (a) The secured party is not liable to the person, or to a
3611 secured party or lienholder that has filed a financing statement
3612 against the person, for failure to comply with this chapter; and
3613 (b) The secured party's failure to comply with this
3614 chapter does not affect the liability of the person for a
3615 deficiency.
3616 (2) Subject to subsection (6), a secured party is not
3617 liable because of its status as a secured party:
3618 (a) To a person who is a debtor or obligor, unless the
3619 secured party knows:
3620 1. That the person is a debtor or obligor;
3621 2. The identity of the person; and
3622 3. How to communicate with the person; or
3623 (b) To a secured party or lienholder that has filed a
3624 financing statement against a person, unless the secured party
3625 knows:
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3626 1. That the person is a debtor; and
3627 2. The identity of the person.
3628 (6) Subsections (1) and (2) do not apply to limit the
3629 liability of a secured party to a person if, at the time the
3630 secured party obtains control of collateral that is a
3631 controllable account, controllable electronic record, or
3632 controllable payment intangible or at the time the security
3633 interest attaches to the collateral, whichever is later:
3634 (a) The person is a debtor or obligor; and
3635 (b) The secured party knows that the information in
3636 subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph
3637 (2)(a)3., relating to the person is not provided by the
3638 collateral, a record attached to or logically associated with
3639 the collateral, or the system in which the collateral is
3640 recorded.
3641 Section 118. Part IX of chapter 679, Florida Statutes,
3642 consisting of ss. 679.901 and 679.902, Florida Statutes, is
3643 created and entitled "Transitional Provisions."
3644 Section 119. Section 679.901, Florida Statutes, is created
3645 to read:
3646 679.901 Saving clause.—Except as otherwise provided in ss.
3647 669.501-669.706, a transaction validly entered into before July
3648 1, 2025, and the rights duties, and interests flowing from such
3649 transaction remain valid thereafter and may be terminated,
3650 completed, consummated, or enforced as required or permitted by
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3651 law other than the Uniform Commercial Code or, if applicable, by
3652 the Uniform Commercial Code as though this act had not taken
3653 effect.
3654 Section 120. Section 679.902, Florida Statutes, is created
3655 to read:
3656 679.902 Transitional provisions.—Effective July 1, 2025,
3657 chapter 679 shall be amended by this act, including the
3658 transitional provisions for chapters 669 and 679, as amended by
3659 this act, as provided in part II of chapter 669.
3660 Section 121. Section 680.1021, Florida Statutes, is
3661 amended to read:
3662 680.1021 Scope.—
3663 (1) This chapter applies to any transaction, regardless of
3664 form, that creates a lease and, in the case of a hybrid lease,
3665 applies to the extent provided in subsection (2).
3666 (2) In a hybrid lease, both of the following apply:
3667 (a) If the lease-of-goods aspects do not predominate:
3668 1. Only the provisions of this chapter which relate
3669 primarily to the lease-of-goods aspects of the transaction
3670 apply, and the provisions that relate primarily to the
3671 transaction as a whole do not apply;
3672 2. Section 608.209 applies if the lease is a finance
3673 lease; and
3674 3. Section 608.407 applies to the promises of the lessee
3675 in a finance lease to the extent that the promises are
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3676 consideration for the right to possession and use of the leased
3677 goods.
3678 (b) If the lease-of-goods aspects predominate, this
3679 chapter applies to the transaction, but does not preclude
3680 application in appropriate circumstances of other law to aspects
3681 of the lease which do not relate to the lease of goods.
3682 Section 122. Present paragraphs (i) through (z) of
3683 subsection (1) of section 680.1031, Florida Statutes, are
3684 redesignated as paragraphs (j) through (aa), respectively, a new
3685 paragraph (i) is added to that subsection, and paragraphs (a),
3686 (d), (e), (f), (h), (j), (l), and (m) of subsection (3) of that
3687 section are amended, to read:
3688 680.1031 Definitions and index of definitions.—
3689 (1) In this chapter, unless the context otherwise
3690 requires:
3691 (i) "Hybrid lease" means a single transaction involving a
3692 lease of goods and:
3693 1. The provision of services;
3694 2. A sale of other goods; or
3695 3. A sale, lease, or license of property other than goods.
3696 (3) The following definitions in other chapters of this
3697 code apply to this chapter:
3698 (a) "Account," s. 679.1021(1) s. 679.1021(1)(b).
3699 (d) "Chattel paper," s. 679.1021(1) s. 679.1021(1)(k).
3700 (e) "Consumer goods," s. 679.1021(1) s. 679.1021(1)(w).
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3701 (f) "Document," s. 679.1021(1) s. 679.1021(1)(dd).
3702 (h) "General intangible," s. 679.1021(1) s.
3703 679.1021(1)(pp).
3704 (j) "Instrument," s. 679.1021(1) s. 679.1021(1)(uu).
3705 (l) "Mortgage," s. 679.1021(1) s. 679.1021(1)(ccc).
3706 (m) "Pursuant to a commitment," s. 679.1021(1) s.
3707 679.1021(1)(ppp).
3708 Section 123. Section 680.1071, Florida Statutes, is
3709 amended to read:
3710 680.1071 Waiver or renunciation of claim or right after
3711 default.—Any claim or right arising out of an alleged default or
3712 breach of warranty may be discharged in whole or in part without
3713 consideration by a written waiver or renunciation in a signed
3714 record and delivered by the aggrieved party.
3715 Section 124. Subsections (1), (3), and (5) of section
3716 680.201, Florida Statutes, are amended to read:
3717 680.201 Statute of frauds.—
3718 (1) A lease contract is not enforceable by way of action
3719 or defense unless:
3720 (a) In a lease contract that is not a consumer lease, the
3721 total payments to be made under the lease contract, excluding
3722 payments for options to renew or buy, are less than $1,000; or
3723 (b) There is a record writing, signed by the party against
3724 whom enforcement is sought or by that party's authorized agent,
3725 sufficient to indicate that a lease contract has been made
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3726 between the parties and to describe the goods leased and the
3727 lease term.
3728 (3) A record writing is not insufficient because it omits
3729 or incorrectly states a term agreed upon, but the lease contract
3730 is not enforceable under paragraph (1)(b) beyond the lease term
3731 and the quantity of goods shown in the record writing.
3732 (5) The lease term under a lease contract referred to in
3733 subsection (4) is:
3734 (a) If there is a record writing signed by the party
3735 against whom enforcement is sought or by that party's authorized
3736 agent specifying the lease term, the term so specified;
3737 (b) If the party against whom enforcement is sought admits
3738 in that party's pleading, testimony, or otherwise in court a
3739 lease term, the term so admitted; or
3740 (c) A reasonable lease term.
3741 Section 125. Section 680.202, Florida Statutes, is amended
3742 to read:
3743 680.202 Final written expression: parol or extrinsic
3744 evidence.—Terms with respect to which the confirmatory memoranda
3745 of the parties agree or which are otherwise set forth in a
3746 record writing intended by the parties as a final expression of
3747 their agreement with respect to such terms as are included
3748 therein may not be contradicted by evidence of any prior
3749 agreement or of a contemporaneous oral agreement but may be
3750 explained or supplemented:
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3751 (1) By course of dealing or usage of trade or by course of
3752 performance; and
3753 (2) By evidence of consistent additional terms unless the
3754 court finds the record writing to have been intended also as a
3755 complete and exclusive statement of the terms of the agreement.
3756 Section 126. Section 680.203, Florida Statutes, is amended
3757 to read:
3758 680.203 Seals inoperative.—The affixing of a seal to a
3759 record writing evidencing a lease contract or an offer to enter
3760 into a lease contract does not render the record writing a
3761 sealed instrument, and the law with respect to sealed
3762 instruments does not apply to the lease contract or offer.
3763 Section 127. Section 680.205, Florida Statutes, is amended
3764 to read:
3765 680.205 Firm offers.—An offer by a merchant to lease goods
3766 to or from another person in a signed record writing that by its
3767 terms gives assurance it will be held open is not revocable, for
3768 lack of consideration, during the time stated or, if no time is
3769 stated, for a reasonable time, but in no event may the period of
3770 irrevocability exceed 3 months. Any such term of assurance on a
3771 form supplied by the offeree must be separately signed by the
3772 offeror.
3773 Section 128. Subsection (2) of section 680.208, Florida
3774 Statutes, is amended to read:
3775 680.208 Modification, rescission, and waiver.—
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3776 (2) A signed lease agreement that excludes modification or
3777 rescission except by a signed record writing may not be
3778 otherwise modified or rescinded, but, except as between
3779 merchants, such a requirement on a form supplied by a merchant
3780 must be separately signed by the other party.
3781 Section 129. Part VI of chapter 680, Florida Statutes,
3782 consisting of s. 680.601, Florida Statutes, is created and
3783 entitled "Transitional Provisions."
3784 Section 130. Section 680.601, Florida Statutes, is created
3785 to read:
3786 680.601 Saving clause.—Except as provided in ss. 669.501-
3787 669.706, a transaction validly entered into before July 1, 2025,
3788 and the rights, duties, and interests flowing from such
3789 transaction remain valid thereafter and may be terminated,
3790 completed, consummated, or enforced as required or permitted by
3791 law other than the Uniform Commercial Code or, if applicable, by
3792 the Uniform Commercial Code as though this act had not taken
3793 effect.
3794 Section 131. Subsection (6) of section 55.205, Florida
3795 Statutes, is amended to read:
3796 55.205 Effect of judgment lien.—
3797 (6) A judgment lien acquired under s. 55.202 may be
3798 enforced only through judicial process, including attachment
3799 under chapter 76; execution under chapter 56; garnishment under
3800 chapter 77; a charging order under s. 605.0503, s. 620.1703, or
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3801 s. 620.8504; or proceedings supplementary to execution under s.
3802 56.29. A holder of a judgment lien acquired under s. 55.202, who
3803 is not enforcing separate lien rights in a judgment debtor's
3804 property, may not enforce his or her rights under this section
3805 through self-help repossession or replevin without a court order
3806 or without the express consent of the judgment debtor contained
3807 in a record authenticated in accordance with s. 668.50 or s.
3808 679.1021(1) s. 679.1021(1)(g) after the judgment lien attaches.
3809 Section 132. Subsection (2) and paragraph (b) of
3810 subsection (3) of section 319.27, Florida Statutes, are amended
3811 to read:
3812 319.27 Notice of lien on motor vehicles or mobile homes;
3813 notation on certificate; recording of lien.—
3814 (2) No lien for purchase money or as security for a debt
3815 in the form of a security agreement, retain title contract,
3816 conditional bill of sale, chattel mortgage, or other similar
3817 instrument or any other nonpossessory lien, including a lien for
3818 child support, upon a motor vehicle or mobile home upon which a
3819 Florida certificate of title has been issued shall be
3820 enforceable in any of the courts of this state against creditors
3821 or subsequent purchasers for a valuable consideration and
3822 without notice, unless a sworn notice of such lien has been
3823 filed in the department and such lien has been noted upon the
3824 certificate of title of the motor vehicle or mobile home. Such
3825 notice shall be effective as constructive notice when filed. The
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3826 interest of a statutory nonpossessory lienor; the interest of a
3827 nonpossessory execution, attachment, or equitable lienor; or the
3828 interest of a lien creditor as defined in s. 679.1021(1) s.
3829 679.1021(1)(zz), if nonpossessory, is shall not be enforceable
3830 against creditors or subsequent purchasers for a valuable
3831 consideration unless such interest becomes a possessory lien or
3832 is noted upon the certificate of title for the subject motor
3833 vehicle or mobile home prior to the occurrence of the subsequent
3834 transaction. Provided the provisions of this subsection relating
3835 to a nonpossessory statutory lienor; a nonpossessory execution,
3836 attachment, or equitable lienor; or the interest of a lien
3837 creditor as defined in s. 679.1021(1) does s. 679.1021(1)(zz)
3838 shall not apply to liens validly perfected before prior to
3839 October 1, 1988. The notice of lien must shall provide the
3840 following information:
3841 (a) The date of the lien if a security agreement, retain
3842 title contract, conditional bill of sale, chattel mortgage, or
3843 other similar instrument was executed prior to the filing of the
3844 notice of lien;
3845 (b) The name and address of the registered owner;
3846 (c) A description of the motor vehicle or mobile home,
3847 showing the make, type, and vehicle identification number; and
3848 (d) The name and address of the lienholder.
3849 (3)
3850 (b) As applied to a determination of the respective rights
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3851 of a secured party under this chapter and a lien creditor as
3852 defined by s. 679.1021(1) s. 679.1021(1)(zz), or a nonpossessory
3853 statutory lienor, a security interest under this chapter shall
3854 be perfected upon the filing of the notice of lien with the
3855 department, the county tax collector, or their agents. Provided,
3856 however, the date of perfection of a security interest of such
3857 secured party shall be the same date as the execution of the
3858 security agreement or other similar instrument if the notice of
3859 lien is filed in accordance with this subsection within 15 days
3860 after the debtor receives possession of the motor vehicle or
3861 mobile home and executes such security agreement or other
3862 similar instrument. The date of filing of the notice of lien
3863 shall be the date of its receipt by the department central
3864 office in Tallahassee, if first filed there, or otherwise by the
3865 office of the county tax collector, or their agents.
3866 Section 133. Subsection (2) of section 328.0015, Florida
3867 Statutes, is amended to read:
3868 328.0015 Definitions.—
3869 (2) The following definitions and terms also apply to this
3870 part:
3871 (a) "Agreement" as defined in s. 671.201 s. 671.201(3).
3872 (b) "Buyer in ordinary course of business" as defined in
3873 s. 671.201 s. 671.201(9).
3874 (c) "Conspicuous" as defined in s. 671.201 s. 671.201(11).
3875 (d) "Consumer goods" as defined in s. 679.1021(1) s.
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3876 679.1021(1)(w).
3877 (e) "Debtor" as defined in s. 679.1021(1) s.
3878 679.1021(1)(bb).
3879 (f) "Knowledge" as defined in s. 671.209.
3880 (g) "Lease" as defined in s. 680.1031(1) s.
3881 680.1031(1)(j).
3882 (h) "Lessor" as defined in s. 6801031(1) s.
3883 680.1031(1)(p).
3884 (i) "Notice" as defined s. 671.209.
3885 (j) "Representative" as defined in s. 671.201 s.
3886 671.201(37).
3887 (k) "Sale" as defined in s. 672.106(1).
3888 (l) "Security agreement" as defined in s. 679.1021(1) s.
3889 679.1021(1)(uuu).
3890 (m) "Seller" as defined in s. 672.103(1) s. 672.103(1)(d).
3891 (n) "Send" as defined in s. 671.201 s. 671.201(40).
3892 (o) "Value" as defined in s. 671.211.
3893 Section 134. Subsection (13) of section 517.061, Florida
3894 Statutes, is amended to read:
3895 517.061 Exempt transactions.—Except as otherwise provided
3896 in subsection (11), the exemptions provided herein from the
3897 registration requirements of s. 517.07 are self-executing and do
3898 not require any filing with the office before being claimed. Any
3899 person who claims entitlement to an exemption under this section
3900 bears the burden of proving such entitlement in any proceeding
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3901 brought under this chapter. The registration provisions of s.
3902 517.07 do not apply to any of the following transactions;
3903 however, such transactions are subject to s. 517.301:
3904 (13) By or for the account of a pledgeholder, a secured
3905 party as defined in s. 679.1021(1) s. 679.1021(1)(ttt), or a
3906 mortgagee selling or offering for sale or delivery in the
3907 ordinary course of business and not for the purposes of avoiding
3908 the provisions of this chapter, to liquidate a bona fide debt, a
3909 security pledged in good faith as security for such debt.
3910 Section 135. Subsection (2) of section 559.9232, Florida
3911 Statutes, is amended to read:
3912 559.9232 Definitions; exclusion of rental-purchase
3913 agreements from certain regulations.—
3914 (2) A rental-purchase agreement that complies with this
3915 act may shall not be construed to be, nor be governed by, any of
3916 the following:
3917 (a) A lease or agreement that constitutes a credit sale as
3918 defined in 12 C.F.R. s. 226.2(a)(16) and s. 1602(g) of the
3919 federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq.;
3920 (b) A lease that constitutes a "consumer lease" as defined
3921 in 12 C.F.R. s. 213.2(a)(6);
3922 (c) Any lease for agricultural, business, or commercial
3923 purposes;
3924 (d) Any lease made to an organization;
3925 (e) A lease or agreement that constitutes a "retail
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3926 installment contract" or "retail installment transaction" as
3927 those terms are defined in s. 520.31; or
3928 (f) A security interest as defined in s. 671.201 s.
3929 671.201(39).
3930 Section 136. Paragraph (g) of subsection (2) of section
3931 563.022, Florida Statutes, is amended to read:
3932 563.022 Relations between beer distributors and
3933 manufacturers.—
3934 (2) DEFINITIONS.—In construing this section, unless the
3935 context otherwise requires, the word, phrase, or term:
3936 (g) "Good faith" means honesty in fact in the conduct or
3937 transaction concerned as defined and interpreted under s.
3938 671.201 s. 671.201(21).
3939 Section 137. Paragraph (d) of subsection (16) of section
3940 668.50, Florida Statutes, is amended, and paragraph (b) of
3941 subsection (3) of that section is republished, to read:
3942 668.50 Uniform Electronic Transaction Act.—
3943 (3) SCOPE.—
3944 (b) This section does not apply to a transaction to the
3945 extent the transaction is governed by:
3946 1. A provision of law governing the creation and execution
3947 of wills, codicils, or testamentary trusts;
3948 2. The Uniform Commercial Code other than s. 671.107 and
3949 chapters 672 and 680; or
3950 3. The Uniform Computer Information Transactions Act.
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3951 (16) TRANSFERABLE RECORDS.—
3952 (d) Except as otherwise agreed, a person having control of
3953 a transferable record is the holder, as defined in s. 671.201 s.
3954 671.201(22), of the transferable record and has the same rights
3955 and defenses as a holder of an equivalent record or writing
3956 under the Uniform Commercial Code, including, if the applicable
3957 statutory requirements under s. 673.3021, s. 677.501, or s.
3958 679.330 are satisfied, the rights and defenses of a holder in
3959 due course, a holder to which a negotiable document of title has
3960 been duly negotiated, or a purchaser, respectively. Delivery,
3961 possession, and indorsement are not required to obtain or
3962 exercise any of the rights under this paragraph.
3963 Section 138. For the purpose of incorporating the
3964 amendment made by this act to section 671.105, Florida Statutes,
3965 in a reference thereto, subsections (1) and (2) of section
3966 655.55, Florida Statutes, are reenacted to read:
3967 655.55 Law applicable to deposits in and contracts
3968 relating to extensions of credit by a deposit or lending
3969 institution located in this state.—
3970 (1) The law of this state, excluding its law regarding
3971 comity and conflict of laws, governs all aspects, including
3972 without limitation the validity and effect, of any deposit
3973 account in a branch or office in this state of a deposit or
3974 lending institution, including a deposit account otherwise
3975 covered by s. 671.105(1), regardless of the citizenship,
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3976 residence, location, or domicile of any other party to the
3977 contract or agreement governing such deposit account, and
3978 regardless of any provision of any law of the jurisdiction of
3979 the residence, location, or domicile of such other party,
3980 whether or not such deposit account bears any other relation to
3981 this state, except that this section does not apply to any such
3982 deposit account:
3983 (a) To the extent provided to the contrary in s.
3984 671.105(2); or
3985 (b) To the extent that all parties to the contract or
3986 agreement governing such deposit account have agreed in writing
3987 that the law of another jurisdiction will govern it.
3988 (2) The law of this state, excluding its law regarding
3989 comity and conflict of laws, governs all aspects, including
3990 without limitation the validity and effect, of any contract
3991 relating to an extension of credit made by a branch or office in
3992 this state of a deposit or lending institution, including a
3993 contract otherwise covered by s. 671.105(1), if the contract
3994 expressly provides that it will be governed by the law of this
3995 state, regardless of the citizenship, residence, location, or
3996 domicile of any other party to such contract and regardless of
3997 any provision of any law of the jurisdiction of the residence,
3998 location, or domicile of such other party, whether or not such
3999 contract bears any other relation to this state, except that
4000 this section does not apply to any such contract to the extent
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4001 provided to the contrary in s. 671.105(2).
4002 Section 139. For the purpose of incorporating the
4003 amendment made by this act to section 671.105, Florida Statutes,
4004 in a reference thereto, subsection (2) of section 685.101,
4005 Florida Statutes, is reenacted to read:
4006 685.101 Choice of law.—
4007 (2) This section does not apply to any contract,
4008 agreement, or undertaking:
4009 (a) Regarding any transaction which does not bear a
4010 substantial or reasonable relation to this state in which every
4011 party is either or a combination of:
4012 1. A resident and citizen of the United States, but not of
4013 this state; or
4014 2. Incorporated or organized under the laws of another
4015 state and does not maintain a place of business in this state;
4016 (b) For labor or employment;
4017 (c) Relating to any transaction for personal, family, or
4018 household purposes, unless such contract, agreement, or
4019 undertaking concerns a trust at least one trustee of which
4020 resides or transacts business as a trustee in this state, in
4021 which case this section applies;
4022 (d) To the extent provided to the contrary in s.
4023 671.105(2); or
4024 (e) To the extent such contract, agreement, or undertaking
4025 is otherwise covered or affected by s. 655.55.
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4026 Section 140. For the purpose of incorporating the
4027 amendment made by this act to section 673.1041, Florida
4028 Statutes, in a reference thereto, subsection (1) of section
4029 90.953, Florida Statutes, is reenacted to read:
4030 90.953 Admissibility of duplicates.—A duplicate is
4031 admissible to the same extent as an original, unless:
4032 (1) The document or writing is a negotiable instrument as
4033 defined in s. 673.1041, a security as defined in s. 678.1021, or
4034 any other writing that evidences a right to the payment of
4035 money, is not itself a security agreement or lease, and is of a
4036 type that is transferred by delivery in the ordinary course of
4037 business with any necessary endorsement or assignment.
4038 Section 141. For the purpose of incorporating the
4039 amendment made by this act to section 673.1041, Florida
4040 Statutes, in a reference thereto, subsections (1), (3), and (4)
4041 of section 673.1061, Florida Statutes, are reenacted to read:
4042 673.1061 Unconditional promise or order.—
4043 (1) Except as provided in this section, for the purposes
4044 of s. 673.1041(1), a promise or order is unconditional unless it
4045 states:
4046 (a) An express condition to payment;
4047 (b) That the promise or order is subject to or governed by
4048 another writing; or
4049 (c) That rights or obligations with respect to the promise
4050 or order are stated in another writing.
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4051
4052 A reference to another writing does not of itself make the
4053 promise or order conditional.
4054 (3) If a promise or order requires, as a condition to
4055 payment, a countersignature by a person whose specimen signature
4056 appears on the promise or order, the condition does not make the
4057 promise or order conditional for the purposes of s. 673.1041(1).
4058 If the person whose specimen signature appears on an instrument
4059 fails to countersign the instrument, the failure to countersign
4060 is a defense to the obligation of the issuer, but the failure
4061 does not prevent a transferee of the instrument from becoming a
4062 holder of the instrument.
4063 (4) If a promise or order at the time it is issued or
4064 first comes into possession of a holder contains a statement,
4065 required by applicable statutory or administrative law, to the
4066 effect that the rights of a holder or transferee are subject to
4067 claims or defenses that the issuer could assert against the
4068 original payee, the promise or order is not thereby made
4069 conditional for the purposes of s. 673.1041(1); but if the
4070 promise or order is an instrument, there cannot be a holder in
4071 due course of the instrument.
4072 Section 142. For the purpose of incorporating the
4073 amendment made by this act to section 673.1041, Florida
4074 Statutes, in a reference thereto, subsection (2) of section
4075 673.1151, Florida Statutes, is reenacted to read:
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4076 673.1151 Incomplete instrument.—
4077 (2) Subject to subsection (3), if an incomplete instrument
4078 is an instrument under s. 673.1041, it may be enforced according
4079 to its terms if it is not completed, or according to its terms
4080 as augmented by completion. If an incomplete instrument is not
4081 an instrument under s. 673.1041, but, after completion, the
4082 requirements of s. 673.1041 are met, the instrument may be
4083 enforced according to its terms as augmented by completion.
4084 Section 143. For the purpose of incorporating the
4085 amendment made by this act to sections 673.1041 and 673.1051,
4086 Florida Statutes, in a reference thereto, subsection (2) of
4087 section 673.1031, Florida Statutes, is reenacted to read:
4088 673.1031 Definitions.—
4089 (2) Other definitions applying to this chapter and the
4090 sections in which they appear are:
4091 "Acceptance," s. 673.4091.
4092 "Accommodated party," s. 673.4191.
4093 "Accommodation party," s. 673.4191.
4094 "Alteration," s. 673.4071.
4095 "Anomalous indorsement," s. 673.2051.
4096 "Blank indorsement," s. 673.2051.
4097 "Cashier's check," s. 673.1041.
4098 "Certificate of deposit," s. 673.1041.
4099 "Certified check," s. 673.4091.
4100 "Check," s. 673.1041.
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4101 "Consideration," s. 673.3031.
4102 "Draft," s. 673.1041.
4103 "Holder in due course," s. 673.3021.
4104 "Incomplete instrument," s. 673.1151.
4105 "Indorsement," s. 673.2041.
4106 "Indorser," s. 673.2041.
4107 "Instrument," s. 673.1041.
4108 "Issue," s. 673.1051.
4109 "Issuer," s. 673.1051.
4110 "Negotiable instrument," s. 673.1041.
4111 "Negotiation," s. 673.2011.
4112 "Note," s. 673.1041.
4113 "Payable at a definite time," s. 673.1081.
4114 "Payable on demand," s. 673.1081.
4115 "Payable to bearer," s. 673.1091.
4116 "Payable to order," s. 673.1091.
4117 "Payment," s. 673.6021.
4118 "Person entitled to enforce," s. 673.3011.
4119 "Presentment," s. 673.5011.
4120 "Reacquisition," s. 673.2071.
4121 "Special indorsement," s. 673.2051.
4122 "Teller's check," s. 673.1041.
4123 "Transfer of instrument," s. 673.2031.
4124 "Traveler's check," s. 673.1041.
4125 "Value," s. 673.3031.
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4126 Section 144. For the purpose of incorporating the
4127 amendment made by this act to section 673.6041, Florida
4128 Statutes, in a reference thereto, subsection (2) of section
4129 673.6051, Florida Statutes, is reenacted to read:
4130 673.6051 Discharge of indorsers and accommodation
4131 parties.—
4132 (2) Discharge, under s. 673.6041, of the obligation of a
4133 party to pay an instrument does not discharge the obligation of
4134 an indorser or accommodation party having a right of recourse
4135 against the discharged party.
4136 Section 145. For the purpose of incorporating the
4137 amendment made by this act to section 675.116, Florida Statutes,
4138 in a reference thereto, subsection (2) of section 679.3061,
4139 Florida Statutes, is reenacted to read:
4140 679.3061 Law governing perfection and priority of security
4141 interests in letter-of-credit rights.—
4142 (2) For purposes of this part, an issuer's jurisdiction or
4143 nominated person's jurisdiction is the jurisdiction whose law
4144 governs the liability of the issuer or nominated person with
4145 respect to the letter-of-credit right as provided in s. 675.116.
4146 Section 146. For the purpose of incorporating the
4147 amendment made by this act to section 675.104, Florida Statutes,
4148 in a reference thereto, paragraph (j) of subsection (1) of
4149 section 675.103, Florida Statutes, is reenacted to read:
4150 675.103 Definitions.—
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4151 (1) For purposes of this chapter:
4152 (j) "Letter of credit" means a definite undertaking that
4153 satisfies the requirements of s. 675.104 by an issuer to a
4154 beneficiary at the request or for the account of an applicant
4155 or, in the case of a financial institution, to itself or for its
4156 own account, to honor a documentary presentation by payment or
4157 delivery of an item of value.
4158 Section 147. For the purpose of incorporating the
4159 amendment made by this act to section 679.2031, Florida
4160 Statutes, in a reference thereto, subsection (3) of section
4161 674.2101, Florida Statutes, is reenacted to read:
4162 674.2101 Security interest of collecting bank in items,
4163 accompanying documents, and proceeds.—
4164 (3) Receipt by a collecting bank of a final settlement for
4165 an item is a realization on its security interest in the item,
4166 accompanying documents, and proceeds. So long as the bank does
4167 not receive final settlement for the item or give up possession
4168 of the item or possession or control of the accompanying or
4169 associated documents for purposes other than collection, the
4170 security interest continues to that extent and is subject to
4171 chapter 679, but:
4172 (a) No security agreement is necessary to make the
4173 security interest enforceable (s. 679.2031(2)(c)1.);
4174 (b) No filing is required to perfect the security
4175 interest; and
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4176 (c) The security interest has priority over conflicting
4177 perfected security interests in the item, accompanying
4178 documents, or proceeds.
4179 Section 148. For the purpose of incorporating the
4180 amendment made by this act to section 679.2031, Florida
4181 Statutes, in a reference thereto, subsection (2) of section
4182 675.1181, Florida Statutes, is reenacted to read:
4183 675.1181 Security interest of issuer or nominated person.—
4184 (2) As long as and to the extent that an issuer or
4185 nominated person has not been reimbursed or has not otherwise
4186 recovered the value given with respect to a security interest in
4187 a document under subsection (1), the security interest continues
4188 and is subject to chapter 679, but a security agreement is not
4189 necessary to make the security interest enforceable under s.
4190 679.2031(2)(c):
4191 (a) If the document is presented in a medium other than a
4192 written or other tangible medium, the security interest is
4193 perfected; and
4194 (b) If the document is presented in a written or other
4195 tangible medium and is not a certificated security, chattel
4196 paper, a document of title, an instrument, or a letter of
4197 credit, the security interest is perfected and has priority over
4198 a conflicting security interest in the document so long as the
4199 debtor does not have possession of the document.
4200 Section 149. For the purpose of incorporating the
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4201 amendment made by this act to section 679.2031, Florida
4202 Statutes, in a reference thereto, section 679.1101, Florida
4203 Statutes, is reenacted to read:
4204 679.1101 Security interests arising under chapter 672 or
4205 chapter 680.—A security interest arising under s. 672.401, s.
4206 672.505, s. 672.711(3), or s. 680.508(5) is subject to this
4207 chapter. However, until the debtor obtains possession of the
4208 goods:
4209 (1) The security interest is enforceable, even if s.
4210 679.2031(2)(c) has not been satisfied;
4211 (2) Filing is not required to perfect the security
4212 interest;
4213 (3) The rights of the secured party after default by the
4214 debtor are governed by chapter 672 or chapter 680; and
4215 (4) The security interest has priority over a conflicting
4216 security interest created by the debtor.
4217 Section 150. For the purpose of incorporating the
4218 amendment made by this act to section 677.106, Florida Statutes,
4219 in a reference thereto, subsection (3) of section 672.103,
4220 Florida Statutes, is reenacted to read:
4221 672.103 Definitions and index of definitions.—
4222 (3) The following definitions in other chapters apply to
4223 this chapter:
4224 "Check," s. 673.1041.
4225 "Consignee," s. 677.102.
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4226 "Consignor," s. 677.102.
4227 "Consumer goods," s. 679.1021.
4228 "Control," s. 677.106.
4229 "Dishonor," s. 673.5021.
4230 "Draft," s. 673.1041.
4231 Section 151. For the purpose of incorporating the
4232 amendment made by this act to section 677.106, Florida Statutes,
4233 in a reference thereto, subsection (3) of section 674.104,
4234 Florida Statutes, is reenacted to read:
4235 674.104 Definitions and index of definitions.—
4236 (3) The following definitions in other chapters apply to
4237 this chapter:
4238 "Acceptance," s. 673.4091.
4239 "Alteration," s. 673.4071.
4240 "Cashier's check," s. 673.1041.
4241 "Certificate of deposit," s. 673.1041.
4242 "Certified check," s. 673.4091.
4243 "Check," s. 673.1041.
4244 "Control," s. 677.106.
4245 "Good faith," s. 673.1031.
4246 "Holder in due course," s. 673.3021.
4247 "Instrument," s. 673.1041.
4248 "Notice of dishonor," s. 673.5031.
4249 "Order," s. 673.1031.
4250 "Ordinary care," s. 673.1031.
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4251 "Person entitled to enforce," s. 673.3011.
4252 "Presentment," s. 673.5011.
4253 "Promise," s. 673.1031.
4254 "Prove," s. 673.1031.
4255 "Teller's check," s. 673.1041.
4256 "Unauthorized signature," s. 673.4031.
4257 Section 152. For the purpose of incorporating the
4258 amendment made by this act to section 678.1061, Florida
4259 Statutes, in a reference thereto, subsection (3) of section
4260 678.5101, Florida Statutes, is reenacted to read:
4261 678.5101 Rights of purchaser of security entitlement from
4262 entitlement holder.—
4263 (3) In a case not covered by the priority rules in chapter
4264 679, a purchaser for value of a security entitlement, or an
4265 interest therein, who obtains control has priority over a
4266 purchaser of a security entitlement, or an interest therein, who
4267 does not obtain control. Except as otherwise provided in
4268 subsection (4), purchasers who have control rank according to
4269 priority in time of:
4270 (a) The purchaser's becoming the person for whom the
4271 securities account, in which the security entitlement is
4272 carried, is maintained, if the purchaser obtained control under
4273 s. 678.1061(4)(a);
4274 (b) The securities intermediary's agreement to comply with
4275 the purchaser's entitlement orders with respect to security
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4276 entitlements carried or to be carried in the securities account
4277 in which the security entitlement is carried, if the purchaser
4278 obtained control under s. 678.1061(4)(b); or
4279 (c) If the purchaser obtained control through another
4280 person under s. 678.1061(4)(c), the time on which priority would
4281 be based under this subsection if the other person were the
4282 secured party.
4283 Section 153. For the purpose of incorporating the
4284 amendment made by this act to section 678.1061, Florida
4285 Statutes, in a reference thereto, subsection (1) of section
4286 679.1061, Florida Statutes, is reenacted to read:
4287 679.1061 Control of investment property.—
4288 (1) A person has control of a certificated security,
4289 uncertificated security, or security entitlement as provided in
4290 s. 678.1061.
4291 Section 154. For the purpose of incorporating the
4292 amendment made by this act to sections 678.1061, 679.3131,
4293 679.3141, and 679.323, Florida Statutes, in references thereto,
4294 subsections (2), (5), and (7) of section 679.328, Florida
4295 Statutes, are reenacted to read:
4296 679.328 Priority of security interests in investment
4297 property.—The following rules govern priority among conflicting
4298 security interests in the same investment property:
4299 (2) Except as otherwise provided in subsections (3) and
4300 (4), conflicting security interests held by secured parties each
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4301 of which has control under s. 679.1061 rank according to
4302 priority in time of:
4303 (a) If the collateral is a security, obtaining control;
4304 (b) If the collateral is a security entitlement carried in
4305 a securities account and:
4306 1. If the secured party obtained control under s.
4307 678.1061(4)(a), the secured party's becoming the person for
4308 which the securities account is maintained;
4309 2. If the secured party obtained control under s.
4310 678.1061(4)(b), the securities intermediary's agreement to
4311 comply with the secured party's entitlement orders with respect
4312 to security entitlements carried or to be carried in the
4313 securities account; or
4314 3. If the secured party obtained control through another
4315 person under s. 678.1061(4)(c), the time on which priority would
4316 be based under this paragraph if the other person were the
4317 secured party; or
4318 (c) If the collateral is a commodity contract carried with
4319 a commodity intermediary, the satisfaction of the requirement
4320 for control specified in s. 679.1061(2)(b) with respect to
4321 commodity contracts carried or to be carried with the commodity
4322 intermediary.
4323 (5) A security interest in a certificated security in
4324 registered form which is perfected by taking delivery under s.
4325 679.3131(1) and not by control under s. 679.3141 has priority
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4326 over a conflicting security interest perfected by a method other
4327 than control.
4328 (7) In all other cases, priority among conflicting
4329 security interests in investment property is governed by ss.
4330 679.322 and 679.323.
4331 Section 155. For the purpose of incorporating the
4332 amendment made by this act to sections 679.1041 and 679.3141,
4333 Florida Statutes, in references thereto, subsections (1) and (2)
4334 of section 679.327, Florida Statutes, are reenacted to read:
4335 679.327 Priority of security interests in deposit
4336 account.—The following rules govern priority among conflicting
4337 security interests in the same deposit account:
4338 (1) A security interest held by a secured party having
4339 control of the deposit account under s. 679.1041 has priority
4340 over a conflicting security interest held by a secured party
4341 that does not have control.
4342 (2) Except as otherwise provided in subsections (3) and
4343 (4), security interests perfected by control under s. 679.3141
4344 rank according to priority in time of obtaining control.
4345 Section 156. For the purpose of incorporating the
4346 amendment made by this act to sections 679.2031 and 679.4041,
4347 Florida Statutes, in a reference thereto, subsection (4) of
4348 section 679.1091, Florida Statutes, is reenacted to read:
4349 679.1091 Scope.—
4350 (4) This chapter does not apply to:
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4351 (a) A landlord's lien, other than an agricultural lien;
4352 (b) A lien, other than an agricultural lien, given by
4353 statute or other rule of law for services or materials, but s.
4354 679.333 applies with respect to priority of the lien;
4355 (c) An assignment of a claim for wages, salary, or other
4356 compensation of an employee;
4357 (d) A sale of accounts, chattel paper, payment
4358 intangibles, or promissory notes as part of a sale of the
4359 business out of which they arose;
4360 (e) An assignment of accounts, chattel paper, payment
4361 intangibles, or promissory notes which is for the purpose of
4362 collection only;
4363 (f) An assignment of a right to payment under a contract
4364 to an assignee that is also obligated to perform under the
4365 contract;
4366 (g) An assignment of a single account, payment intangible,
4367 or promissory note to an assignee in full or partial
4368 satisfaction of a preexisting indebtedness;
4369 (h) A transfer of an interest in or an assignment of a
4370 claim under a policy of insurance, other than an assignment by
4371 or to a health-care provider of a health-care-insurance
4372 receivable and any subsequent assignment of the right to
4373 payment, but ss. 679.3151 and 679.322 apply with respect to
4374 proceeds and priorities in proceeds;
4375 (i) An assignment of a right represented by a judgment,
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4376 other than a judgment taken on a right to payment that was
4377 collateral;
4378 (j) A right of recoupment or set-off, but:
4379 1. Section 679.340 applies with respect to the
4380 effectiveness of rights of recoupment or set-off against deposit
4381 accounts; and
4382 2. Section 679.4041 applies with respect to defenses or
4383 claims of an account debtor;
4384 (k) The creation or transfer of an interest in or lien on
4385 real property, including a lease or rents thereunder, except to
4386 the extent that provision is made for:
4387 1. Liens on real property in ss. 679.2031 and 679.3081;
4388 2. Fixtures in s. 679.334;
4389 3. Fixture filings in ss. 679.5011, 679.5021, 679.512,
4390 679.516, and 679.519; and
4391 4. Security agreements covering personal and real property
4392 in s. 679.604;
4393 (l) An assignment of a claim arising in tort, other than a
4394 commercial tort claim, but ss. 679.3151 and 679.322 apply with
4395 respect to proceeds and priorities in proceeds;
4396 (m) An assignment of a deposit account, other than a
4397 nonnegotiable certificate of deposit, in a consumer transaction,
4398 but ss. 679.3151 and 679.322 apply with respect to proceeds and
4399 priorities in proceeds;
4400 (n) Any transfer by a government or governmental unit; or
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4401 (o) A transfer or pledge of, or creation of a security
4402 interest in, any interest or right or portion of any interest or
4403 right in any storm-recovery property as defined in s. 366.8260.
4404 Section 157. For the purpose of incorporating the
4405 amendment made by this act to section 679.2031, Florida
4406 Statutes, in a reference thereto, subsection (2) of section
4407 679.709, Florida Statutes, is reenacted to read:
4408 679.709 Priority.—
4409 (2) For purposes of s. 679.322(1), the priority of a
4410 security interest that becomes enforceable under s. 679.2031 of
4411 this act dates from the time this act takes effect if the
4412 security interest is perfected under this act by the filing of a
4413 financing statement before this act takes effect which would not
4414 have been effective to perfect the security interest under
4415 chapter 679, Florida Statutes 2000. This subsection does not
4416 apply to conflicting security interests each of which is
4417 perfected by the filing of such a financing statement.
4418 Section 158. For the purpose of incorporating the
4419 amendment made by this act to section 679.210, Florida Statutes,
4420 in a reference thereto, subsection (2) of section 679.602,
4421 Florida Statutes, is reenacted to read:
4422 679.602 Waiver and variance of rights and duties.—Except
4423 as otherwise provided in s. 679.624, to the extent that they
4424 give rights to a debtor or obligor and impose duties on a
4425 secured party, the debtor or obligor may not waive or vary the
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4426 rules stated in the following listed sections:
4427 (2) Section 679.210, which deals with requests for an
4428 accounting and requests concerning a list of collateral and
4429 statement of account;
4430 Section 159. For the purpose of incorporating the
4431 amendment made by this act to section 679.3141, Florida
4432 Statutes, in a reference thereto, section 679.329, Florida
4433 Statutes, is reenacted to read:
4434 679.329 Priority of security interests in letter-of-credit
4435 right.—The following rules govern priority among conflicting
4436 security interests in the same letter-of-credit right:
4437 (1) A security interest held by a secured party having
4438 control of the letter-of-credit right under s. 679.1071 has
4439 priority to the extent of its control over a conflicting
4440 security interest held by a secured party that does not have
4441 control.
4442 (2) Security interests perfected by control under s.
4443 679.3141 rank according to priority in time of obtaining
4444 control.
4445 Section 160. For the purpose of incorporating the
4446 amendment made by this act to section 679.3161, Florida
4447 Statutes, in a reference thereto, subsection (3) of section
4448 679.320, Florida Statutes, is reenacted to read:
4449 679.320 Buyer of goods.—
4450 (3) To the extent that it affects the priority of a
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4451 security interest over a buyer of goods under subsection (2),
4452 the period of effectiveness of a filing made in the jurisdiction
4453 in which the seller is located is governed by s. 679.3161(1) and
4454 (2).
4455 Section 161. For the purpose of incorporating the
4456 amendment made by this act to section 679.3171, Florida
4457 Statutes, in a reference thereto, paragraph (b) of subsection
4458 (8) of section 727.109, Florida Statutes, is reenacted to read:
4459 727.109 Power of the court.—The court shall have power to:
4460 (8) Hear and determine any of the following actions
4461 brought by the assignee, which she or he is empowered to
4462 maintain:
4463 (b) Determine the validity, priority, and extent of a lien
4464 or other interests in assets of the estate, or to subordinate or
4465 avoid an unperfected security interest pursuant to the
4466 assignee's rights as a lien creditor under s. 679.3171.
4467 Section 162. For the purpose of incorporating the
4468 amendment made by this act to sections 679.3171 and 679.323,
4469 Florida Statutes, in references thereto, subsection (3) of
4470 section 680.307, Florida Statutes, is reenacted to read:
4471 680.307 Priority of liens arising by attachment or levy
4472 on, security interests in, and other claims to goods.—
4473 (3) Except as otherwise provided in ss. 679.3171, 679.321,
4474 and 679.323, a lessee takes a leasehold interest subject to a
4475 security interest held by a creditor or lessor.
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4476 Section 163. For the purpose of incorporating the
4477 amendment made by this act to section 679.628, Florida Statutes,
4478 in a reference thereto, subsection (3) of section 679.626,
4479 Florida Statutes, is reenacted to read:
4480 679.626 Action in which deficiency or surplus is in
4481 issue.—In an action arising from a transaction in which the
4482 amount of a deficiency or surplus is in issue, the following
4483 rules apply:
4484 (3) Except as otherwise provided in s. 679.628, if a
4485 secured party fails to prove that the collection, enforcement,
4486 disposition, or acceptance was conducted in accordance with the
4487 provisions of this part relating to collection, enforcement,
4488 disposition, or acceptance, the liability of a debtor or a
4489 secondary obligor for a deficiency is limited to an amount by
4490 which the sum of the secured obligation, reasonable expenses,
4491 and, to the extent provided for by agreement and not prohibited
4492 by law, attorney's fees exceeds the greater of:
4493 (a) The proceeds of the collection, enforcement,
4494 disposition, or acceptance; or
4495 (b) The amount of proceeds that would have been realized
4496 had the noncomplying secured party proceeded in accordance with
4497 the provisions of this part relating to collection, enforcement,
4498 disposition, or acceptance.
4499 Section 164. This act shall take effect July 1, 2025.
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HB 1427
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1427 COMPANION BILL: CS/SB 110 (Simon)
TITLE: Rural Communities LINKED BILLS: None
SPONSOR(S): Griffitts, Abbott RELATED BILLS: None
Committee References
Commerce Health & Human Services Budget
SUMMARY
Effect of the Bill:
The bill establishes the Office of Rural Prosperity within the Department of Commerce. The bill creates or revises
various programs to foster economic development, infrastructure, education, and health care in rural communities.
Fiscal or Economic Impact:
There will be a substantial fiscal impact on state government, and there will be a positive indeterminate fiscal
impact on local governments and the private sector.
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ANALYSIS
EFFECT OF THE BILL:
Collaboration with Rural Communities
The Office of Rural Prosperity
The bill creates the Office of Rural Prosperity (Office) within the Department of Commerce (Department) for the
purpose of supporting rural communities, helping them navigate available state and federal resources, and
representing rural interests across state government. The Office will serve as the state point of contact for rural
local governments and will administer various rural-focused grant programs currently administered by the
Department, as well as new programs created in the bill. The Office will be led by a director, who will be appointed
by the Governor and confirmed by the Senate. (Section 11).
The Office will create and maintain an interactive tool, the “Rural Resource Directory,” designed for rural local
governments to navigate state and federal grants and resources.
The Office of Program Policy Analysis and Government Accountability (OPPAGA) will review the effectiveness of
the Office by December 15, 2026, and each year thereafter until 2028. Beginning in 2029, OPPAGA shall review and
evaluate the Office every three years and shall submit a report1 based on its findings. (Section 11).
The bill transfers the administration of the following programs from the Department to the Office:
Regional Rural Development Grants Program (Section 14);
Rural Community Development Revolving Loan Fund (Section 17);
Rural Infrastructure Fund (Section 18);
Rural Economic Development Strategy Grants (Section 21).
1 OPPAGA must submit each report to the President of the Senate and the Speaker of the House of Representatives in
accordance the schedule.
STORAGE NAME: h1427.COM
DATE: 3/22/2025
1
Regional Rural Community Liaison Centers
By October 1, 2025, the Office must establish and staff seven regional rural community liaison centers across the
state for the purpose of providing in-person state support to rural local governments. The Office must by rule
divide the state into seven regions and assign a liaison center to each region. Each liaison center will be staffed
with at least two full-time department personnel who will be responsive to the rural local governments within the
respective region. Specifically, liaison centers are required, at a minimum, to do the following:
Work with local governments to plan and achieve goals for local or regional growth, economic
development, and rural prosperity;
Facilitate access to state and federal resources, such as grants, loans, and other aid or resources;
Advise on waivers for rural local governments for certain requirements for state and federal programs,
such as local financial match waivers;
Coordinate technical assistance needs with the Department and other state or federal agencies;
Promote model ordinances, policies, and strategies related to economic development;
Regularly engage with the Rural Economic Development Initiative; and
Assist local governments with regulatory and reporting compliance.
Rural Communities Report (Section 8)
The bill requires OPPAGA and the Office of Economic and Demographic Research (EDR) to prepare a report on the
impact of Florida Statutes on rural communities. Specifically, the two entities must review definitions in the Florida
Statutes of terms such as “rural community,” “rural area of opportunity,” and similar terms used to define rural
areas of the state to assess whether the current definitions are appropriate, whether appropriate metrics are used
to describe these communities and if statutory changes are needed. OPPAGA and the EDR must also survey rural
local governments to evaluate the statutory advantages of qualifying as a rural local government and assess
perceived unmet needs in the implementation of current statutory provisions designed to support rural
communities. OPPAGA and the EDR must submit a report and recommendations to the President of the Senate and
the Speaker of the House of Representatives by December 31, 2025. These provisions expire on July 1, 2026.
Fiscally-Constrained Counties (Section 7)
The bill updates definitions related to fiscally constrained counties (FCC). For example, the bill increases the FCC
threshold from a county that raises $5 million in property tax revenue per 1 mill, to $10 million per 1 mill.
The bill increases the total distribution to no less than $50 million per fiscal year and changes the revenue source
from the tax on direct-to-home satellite service to sales tax. The current distribution from direct-to-home satellite
is instead redirected to General Revenue. The bill also changes the formula to use the following distribution
factors: sales tax collections, per capita personal income, and population. An FCC with declining per capita sales tax
collections or per capital personal income will receive a relatively larger share of the total distribution. Finally, the
bill adds spending requirements. Specifically, 50% of the distribution must be used for public safety, 30% for
infrastructure, and 20% for any public purpose. Debt service is prohibited.
Renaissance Grants for Counties with Declining Population (Section 12)
The bill establishes the Renaissance Grant Program to be administered by the Office of Rural Prosperity (Office).
Under the program, the Office will provide $1 million block grants to counties which are “growth-impeded,”
meaning a county has had a declining population over the last ten years, as certified by the EDR. By October 1,
2025, the EDR must certify to the Office which counties are growth-impeded. After the initial certification, the EDR
shall annually certify whether each participating county remains growth-impeded, until the county has three
consecutive years of population growth.
Participating counties must enter into an agreement with the Office to receive the $1 million block grant and have
broad authority to design a specific plan to achieve population growth within the specified parameters.
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Participating counties must design a plan to make targeted investments in the community to achieve population
growth and increase the economic vitality of the community. The plan must incorporate certain features.
Each participating county must hire a renaissance coordinator who is responsible for overseeing the use of funds,
coordinating with other entities, and complying with reporting requirements. Upon request, the regional rural
community liaison center staff must provide training and assistance to the renaissance coordinator.
The bill directs the Auditor General to conduct an operational audit of each participating county’s grant program
every two years, beginning in 2026. Additionally, on December 31, 2026, and each year thereafter, the EDR must
submit an annual report of grant recipients by county to the President of the Senate and the Speaker of the House
of Representatives.
The Renaissance Grant Program expires June 30, 2040.
Rural Economic Development Initiative (REDI) (Section 19)
The bill requires REDI to meet at least monthly and requires the REDI representative or his or her designee to be
physically present or available electronically. The bill provides a legislative finding that rural communities are the
essential conduits for the economy’s distribution, manufacturing, and food supply. The bill removes a reference to
“economically distressed” rural communities which broadens REDI’s reach to all rural communities. The bill
requires:
Enhanced reporting on projects being coordinated by REDI and enhanced reporting on program
requirement waivers granted to rural communities, and
REDI to provide legislative recommendations for statutory waivers or reductions for economic
development programs for rural applicants.
The bill removes language regarding rural enterprise zones, catalyst projects, and catalyst sites.
Agreements Funded with Federal or State Assistance
The bill clarifies provisions regarding the payment of invoices due and requires agencies to expedite such payment
requests for local governments.
The bill requires each state agency to annually report to the Office, by August 1, a summary of the implementation
of this provision for the previous fiscal year, which shall be incorporated in the office annual report (Section 6).
Adds Small Business Development Center Circuit Riders
The Small Business Development Center (SDBC) currently funds staff in rural areas to "ride the circuit" of their
region and work with local governments and communities to provide services, including access to capital, technical
assistance, and other small business services. The bill appropriates $1 million to increase circuit riders and reach
more communities through this program (Sections 9 and 42).
Inventory of Communities Seeking to Recruit Businesses
The bill requires each local government within a Rural Area of Opportunity (RAO) or its local economic
development organization to submit certain required information to the Department for inclusion in the inventory
of communities seeking to recruit businesses. (Section 10).
Options for Rural Housing
Raises Minimum Allocations for SHIP to Jump Start Rural Housing Options
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Currently allocations are population-based, with the minimum allocation for each county within the State Housing
Initiatives Partnership (SHIP) Program set at $350,000. The bill increases the minimum allocation for each county
to $1 million which will provide additional funding to rural communities (Section 34).
Preserves Rental Housing in Rural Communities
The bill removes statutory restrictions on the use of SHIP funds. It allows counties and municipalities to use up to
25 percent of their SHIP funds to preserve existing multifamily affordable rental housing financed with USDA
loans. This provision expires on June 30, 2031.
The bill appropriates $30 million in nonrecurring funds from the General Revenue Fund to the Florida Housing
Finance Corporation (FHFC) to preserve affordable multifamily rental housing funded through USDA loans. Funds
must be used to issue competitive requests for application for the rehabilitation or acquisition of such properties
to ensure continued affordability. By October 1, 2026, the FHFC must submit a report to the President of the Senate
and the Speaker of the House of Representatives on projects funded pursuant to this section. The report must
include the number of units preserved and the financing portfolio for each project. (Section 35).
Rural Transportation and Broadband Infrastructure
Rural Infrastructure Fund
The bill appropriates $40 million in nonrecurring funds and $5 million in recurring funds from the General
Revenue Fund to the Office for the Rural Infrastructure Fund. (Section 46).
The bill also:
Specifically provides that grant funds may be awarded to a unit of local government within a rural
community or a RAO; or to a regional economic development organization, a unit of local government, or
certain economic development organizations for an infrastructure project located within an
unincorporated area that has a population of 15,000 or less, has been in existence for 100 years or more, is
contiguous to a rural community, and has been adversely affected by a natural disaster or presents a
unique economic development opportunity of regional impact.
Clarifies that grant funds may be awarded for “site readiness” expenses, which may include clearing title,
surveys, permitting, environmental studies, and regulatory compliance costs.
Requires the Office to consult with the Department of Transportation (FDOT) instead of Visit Florida when
reviewing applications for funding.
Requires enhanced annual reporting of the program.
Rural Community Development Revolving Loan Fund
The bill requires the Office to include in its annual report detailed information about the fund, including loans
made during the previous fiscal year, active loans, repaid loans, and unobligated funds. (Section 17).
Improves Coordination for Broadband Programs (Section 22)
The bill improves coordination and technical assistance between the Office of Broadband at the Department and
rural communities in need of broadband services. The bill requires the Office of Broadband:
To consult with each regional rural community liaison center and with the Office to develop and update its
strategic plan to increase broadband internet service.
To submit a quarterly report on the implementation of broadband activities in rural communities and an
annual report to the Governor, the President of the Senate, and the Speaker of the House of
Representatives.
Establishes Public Infrastructure Smart Technology Grants (Section 13)
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4
The Public Infrastructure Smart Technology Grant Program, which will be administered by the Office, will fund and
support infrastructure projects in rural communities that utilize smart technology to increase efficiency, enhance
public services, and promote sustainable development.
The bill directs the Office to contract with one or more not-for-profit entities (smart technology lead organization)
that specializes in smart regional planning to provide grants to counties and municipalities within a RAO for public
infrastructure smart technology projects. The bill defines “public infrastructure smart technology” as systems and
applications that use connectivity, data analytics, automation to improve public infrastructure by increasing
efficiency, enhancing public services, and promoting sustainable development.
Rural Economic Development Strategy Grants (Section 21)
The bill provides that grants may be provided to assist with costs associated with marketing sites to potential
businesses for an economic development project. The bill requires the regional rural community liaison centers
within the Office to aid those applying for grants. The bill provides that marketing grants may include funding to
deploy materials through advertising campaigns and costs associated with marketing, site preparation, meetings,
trade missions, and professional development.
Creates the Florida Arterial Road Modernization (FARM) Program (Section 29)
The bill creates the Florida Arterial Road Modernization (FARM) Program within FDOT to provide capacity and
safety improvements to two-lane arterial roads located in rural communities.
Beginning in fiscal year 2025-2026, FDOT is directed to allocate from the State Transportation Trust Fund a
minimum of $50 million annually to fund the FARM Program. This includes an additional $30 million redirected by
the bill from documentary stamp taxes revenues into the State Transportation Trust Fund2 and the $20 million
currently required to be allocated to the existing rural arterial road program. The bill directs FDOT to use certain
criteria to prioritize funding projects under the program.
Beginning January 1, 2027, and every two years thereafter, FDOT must issue a report to the Governor, the
President of the Senate and the Speaker of the House of Representatives evaluating the condition of arterial roads
in rural communities and the implementation of the FARM Program.
Expands Small County Road Assistance Program
The Small County Road Assistance Program (SCRAP) assists small county governments in resurfacing and
reconstructing county roads. The bill amends powers and duties of FDOT to specifically authorize the department
to provide technical assistance and support to counties that are not located in a metropolitan planning
organization.
The bill redirects a portion of vehicle title fees, which are currently directed to the state’s general revenue fund, to
the State Transportation Trust Fund to increase funding available for SCRAP. FDOT is currently required to expend
$25 million on the program, and this redirect more than doubles the state’s investment in these counties. (Sections
26, 27, and 30).
The bill amends provisions relating to the Small County Outreach Program (SCOP) to remove obsolete statutory
provisions and correct cross-references. Similarly, the bill revises the SCOP funding eligibility requirements to
repeal an existing category for certain local governments located within the Everglades Agricultural Area or
designated river basins. (Section 28).
Education Opportunities in Rural Communities
2 The bill amends s. 201.15, F.S., to specify that $30 million in documentary stamp taxes must be paid to the credit of the State
Transportation Trust Fund and used exclusively for the FARM Program.
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5
Expands Regional Education Consortia
The bill increases from $50,000 to $150,000 the consortia funding per eligible member and appropriates recurring
funding for this investment. (Section 36).
Creates Regional Consortium Service Organization Supplemental Services Program
The bill creates a grant program administered by the three regional consortium service organizations to
supplement member needs related to transportation; district finance personnel services; cybersecurity support;
school safety; college, career, and workforce development; academic support; and behavior support within
exceptional student education services (Section 37).
The bill provides that such funding must be distributed as follows (Section 55):
$5,555,149 to the Heartland Educational Consortium;
$11,912,923 to the North East Florida Educational Consortium; and
$7,531,928 to the Panhandle Area Educational Consortium.
The funds must be distributed to each regional consortium service organization no later than 30 days following the
release of the funds to the Department of Education.
Updates Special Facility Construction Account
The bill modifies the participation requirement for a school district that receives funds under the Special Facility
Construction Account (SFCA). The bill removes the restriction that a school district may not receive funding while
any portion of the district’s participation requirement is outstanding.
The bill specifies that, for new construction projects under the SFCA, beginning in the 2025-2026 fiscal year, the
district is not required to budget the value of 1 mill per year toward the project, but must use those funds toward
authorized capital purchases specified in law. However, the bill maintains a requirement that the district levies the
maximum 1.5 mills ad valorem tax or raise an equivalent revenue from the school capital outlay surtax for the
three years prior to the application for funds, and for the initial year of appropriation plus two additional years.
(Section 40).
Charter School Capital Outlay Funding
The bill specifies the revenue to be deducted from the capital funds a district participating under the SFCA program
must distribute to each eligible charter school. The bill maintains the requirement that the total discretionary
millage revenue that a school district must distribute to each eligible charter school must be reduced by the school
district’s annual debt service obligation incurred as of March 1, 2017, which has not been subsequently retired
(Section 39).
Adds a Student Loan Repayment Program for Rural Educators
The bill creates the Rural Incentive for Professional Educators (RIPE) program. The program provides an annual
benefit for educators that reside in and work as instructional employees or administrators at public or private
schools in a fiscally constrained county (Section 38).
Participants receive up to $15,000 in total student loan repayment assistance over five years, disbursed in annual
payments not to exceed $3,000 per year. The bill provides certain criteria for an individual to be eligible for the
RIPE program. (Section 38).
Access to Health Care in Rural Areas
To further access to healthcare in rural communities, the bill:
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6
Creates the Stroke, Cardiac, and Obstetric Response and Education (SCORE) Grant Program within the
Department of Health (DOH) to implement training, purchase equipment, establish telehealth capabilities,
and develop quality improvement programs with the goal of improving patient outcomes and increasing
access to high-quality stroke, cardiac, and obstetric care in rural communities (Section 32);
Creates the Rural Access to Primary and Preventative Care Grant Program (RAPP-C) program within the
DOH to provide incentive funding for primary care physicians, physician assistants, and autonomous
Advanced Practice Registered Nurses to open new practice locations in rural and underserved areas of the
state (Section 31) ; and
Expands the existing Rural Hospital Capital Improvement Grant Program (RHCI) to allow rural hospitals to
use grant funds to establish mobile care units to provide primary care services, behavioral health services,
or obstetric and gynecological services in rural health professional shortage areas (HPSA) or to establish
telehealth kiosks to provide urgent care services in rural HPSAs (Section 33).
Effective Date
The effective date of the bill is July 1, 2025 (Section 88).
RULEMAKING:
The bill requires the State Board of Education to adopt rules no later than January 31, 2026 for the RIPE program
(Section 38). The bill requires the Office of Rural Prosperity within the Department of Commerce to promulgate by
rule the division of Florida into seven different regions and assign a regional rural community liaison center to
each region (Section 11). The bill allows the Department of Health to adopt rules to implement the RAPP-C Grant
Program (Section 31).
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Revenues
The Revenue Estimating Conference estimated that the provisions of the bill will have a recurring negative impact
on General Revenue of $106.1 million and a recurring positive impact on State Trust Fund revenue of $65.6 million
and a recurring positive impact on local government revenue of $40.5 million in FY 2025-26.
Appropriations
The bill makes the following appropriations to the Department Commerce:
$1,827,591 in recurring funds and $652,327 in nonrecurring funds from the General Revenue Fund for the
staffing and operation of the Office of Rural Prosperity, which includes funding for 17 full-time equivalent
positions for the office.
$8 million in recurring funds from General Revenue for the Office of Rural Prosperity for block grants to
certain low-population rural counties under the Renaissance Grant Program.
$500,000 in recurring funds from the Grants and Donations Trust Fund within Commerce for the Public
Infrastructure Smart Technology Grant Program as created by the bill.
$40 million in nonrecurring funds and $5 million in recurring funds from General Revenue for the Rural
Infrastructure Fund. This appropriation is in addition to the base appropriation of $5 million, bringing the
total recurring funds for the program to $10 million.
$4 million in nonrecurring funds and $1 million in recurring funds from General Revenue for Rural
Community Development Revolving Loan Fund. This appropriation is in addition to the base appropriation
of $420,000, bringing the total recurring funds for the program to $1.42 million.
$250,000 in recurring funds from the Grants and Donations Trust Fund within Commerce is appropriated
for the Rural Economic Development Strategy Grant program created by the bill.
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7
$1 million in recurring funds from General Revenue for the SBDC to implement the requirements of the
rural-focused Florida SBDC Network activity.
The bill does not change the appropriation for the Regional Rural Development Grants Program in the Department
of Commerce, which remains at $750,000 annually.
The bill increases the base amount for the State Housing Initiatives Partnership (SHIP) from $350,000 to $1
million. Funding for this program is provided annually in the General Appropriations Act and is based on a
distribution formula. In general, local governments that typically receive the base amount will see an increase in
grant funds received.
The bill appropriates $30 million in nonrecurring funds from the General Revenue Fund to the Florida Housing
Finance Corporation to be used to issue loans to preserve affordable multifamily rental housing funded through
USDA loans. The bill also authorizes local SHIP administrators to use up to 25 percent of their allocated SHIP funds
to preserve such housing.
The amendments made in the bill to the Rural Economic Development Initiative to modernize and revitalize the
organization and functions may result in increased use of state programs by rural communities, leading to a
financial benefit in these areas.
The bill makes the following appropriations to the Department of Education:
$25 million in recurring funds from the General Revenue Fund for grant funding to the three regional
consortium service organizations.
$3.6 million in recurring funds from the General Revenue Fund for the increase in grant funds to regional
consortiums, from $50,000 to $150,000 annually. With a base appropriation of $1.75 million, this would
bring the total recurring funds for the program to $5.35 million annually.
$7 million in recurring funds from General Revenue to implement the Rural Incentive for Professional
Educators (RIPE) Program.
The bill makes the following appropriations to the Department of Health:
$5 million in nonrecurring funds from the General Revenue Fund for the purpose of implementing the
Stroke, Cardiac, and Obstetric Response and Education (SCORE) Grant Program.
$25 million in nonrecurring funds from the General Revenue Fund to implement the Rural Access to
Primary and Preventative Care (RAPP-C) Grant Program.
$25 million in nonrecurring funds from the General Revenue Fund implement the Rural Hospital Capital
Improvement (RHCI) Grant Program.
The bill appropriates $1,499,261 in recurring funds from the General Revenue Fund and $1,933,112 in recurring
funds from the Medical Care Trust Fund to the Agency for Health Care Administration (AHCA) to establish a
Diagnosis-Related Grouping (DRG) reimbursement methodology for critical access hospitals, as defined in s.
408.07, F.S., for the purpose of providing inpatient reimbursement to such a hospital in amounts comparable to the
reimbursement the hospital would receive for inpatient services from the federal Medicare program.
The bill appropriates $4,840,182 in recurring funds from the General Revenue Fund and $6,240,820 in recurring
funds from the Medical Care Trust Fund to the AHCA to establish an Enhanced Ambulatory Patient Grouping
(EAPG) reimbursement methodology for critical access hospitals, as defined in s. 408.07, F.S., for the purpose of
providing outpatient reimbursement to such a hospital in amounts comparable to the reimbursement the hospital
would receive for outpatient services from the federal Medicare program.
LOCAL GOVERNMENT:
The Revenue Estimating Conference estimated the provisions of the bill will have a recurring positive impact on
local government revenue of $40.5 million in FY 2025-26.
Local governments in rural areas of the state will benefit from participating in the grant programs created
specifically for them in the bill and the associated funding for the newly created and already existing programs.
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8
PRIVATE SECTOR:
The bill creates a number of new grant programs and increases funding for existing programs which are designed
to fund, either directly or indirectly, private sector activity, primarily in the transportation, education, and
healthcare fields. Citizens in rural communities will benefit indirectly from programs designed to increase
community investment as guided by local governments.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
The Department of Commerce
The Department of Commerce (Department) is Florida’s lead agency for working with the Legislature, state
agencies, business leaders, and economic development professionals to formulate and implement coherent and
consistent policies and strategies designed to promote economic opportunities for all Floridians.3 The Department
is also the state’s chief agency for business recruitment and expansion.4 The department must also promote viable,
sustainable communities by providing technical assistance and guidance on growth and development issues,
grants, and other assistance to local communities.5
The head of the Department is the Secretary of Commerce, who is appointed by the Governor and confirmed by the
Senate.6 The secretary may create offices within the Office of the Secretary and within the divisions to promote
efficient and effective operation of the Department.7 The Department must also ensure that the state’s goals and
policies relating to economic development, workforce development, community planning and development, and
affordable housing are fully integrated with appropriate implementation strategies.8
There are seven divisions and offices within the Department:
Economic Development
Community Development
Workforce Services
Finance and Administration
Information Technology
Office of the Secretary
Office of Economic Accountability and Transparency9
The Department is charged with managing the activities of public-private partnerships and state agencies in order
to avoid duplication and promote coordinated and consistent implementation of programs, including rural
community development.10 This includes stimulation of economic development and job creation in rural areas,
including strategies for rural marketing and the development of infrastructure in rural areas.11 Additionally, the
Department runs a number of financial and grant programs aimed at helping small rural communities in Florida.
Rural Economic Development Initiative (REDI)
The Rural Economic Development Initiative (REDI) was established by the Legislature to encourage and facilitate
the location and expansion of major economic development projects of significant scale in rural communities.12
REDI operates as a statewide initiative led by the Department to serve Florida’s rural communities by providing a
3 S. 20.60(4), F.S.
4 Id.
5 S. 20.60(4)(c), F.S
6 S. 20.60(2), F.S.
7 S. 20.60(3)(b), F.S.
8 S. 20.60(3), F.S.
9 Id.
10 S. 20.60(4)(e), F.S.
11 S. 20.60(5)(a)4.c., F.S.
12 S. 288.0656(1)(a), F.S.
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9
more focused and coordinated effort among state and regional agencies to improve the fiscal, economic, and
community viability of these areas.13
Specified agencies and organizations14 are required to designate a high-level staff person to serve as their REDI
representative. Each REDI representative is responsible for ensuring that their agency or organization is informed
about REDI and helps to identify opportunities to accommodate or include rural local governments in their agency
programs.
REDI is required to review and evaluate the impact of statutes and rules on rural communities and work to
minimize any adverse impact and undertake outreach and capacity-building efforts.15 A rural community is defined
as:
A county with a population of 75,000 or fewer;
A county with a population of 125,000 or fewer, if the county is contiguous to a county with a
population of 75,000 or fewer;
Any municipality in a county that meets the above criteria; or
An unincorporated federal enterprise community or an incorporated rural city with a population of
25,000 or fewer, with an employment base focused on traditional agriculture or resource-based
industries, located in a county not defined as rural, and which has at least three or more economic
distress factors.16
Each REDI member agency is required to review financial match requirements for projects in rural areas, develop a
proposal to waive or reduce match requirements, and submit such proposals to REDI.17 REDI must call a meeting
within 30 days of receipt of such proposals for comment and recommendation.18 Waivers and reductions must be
requested by the county or community, and to the fullest extent possible member organizations must expedite
rule and amendment adoption to incorporate the reduction in match by rural areas in financial distress.19 REDI
must prepare an annual report as a supplement to the Department’s annual report which includes in an evaluation
on the status of changes to rules, number of awards made with waivers, and recommendations for future
changes.20
Based on recommendations of the REDI, the Governor may designate up to three rural areas of opportunity (RAOs)
by executive order,21 which establishes certain local governments as a priority for the Department. The orders also
permit all state agencies and departments to use all available tools and resources to the extent permissible by law
to promote the creation and development of projects designated by the RAO that has been recommended by the
department.22
Rural Area of Opportunity
A RAO is a rural community,23 or region comprised of rural communities that has been adversely affected by an
extraordinary economic event, severe or chronic distress, or a natural disaster.24 An area may also be designated as
13 S. 288.0656(3), F.S.
14 The Department of Transportation, Department of Environmental Protection, Department of Agriculture and Consumer
Services, Department of State, Department of Health, Department of Children and Families, Department of Corrections,
Department of Education, Department of Juvenile Justice, Fish and Wildlife Conservation Commission, each water
management district, CareerSource Florida, Inc., VISIT Florida, the Florida Regional Planning Council Association, Agency for
Health Care Administration, and the Institute of Food and Agricultural Sciences. See s. 288.0656(6)(a), F.S.
15 S. 288.0656(4), F.S.
16 S. 288.0656(2)(e), F.S.
17 S. 288.06561, F.S.
18 S. 288.06561(3), F.S.
19 S. 288.06561(4) and (7), F.S.
20 S. 288.06561(8), F.S.
21 S. 288.0656(7)(a), F.S.
22 Executive Orders 20-170, 21-149, and 23-132 available at https://www.flgov.com/eog/sites/default/files/executive-
orders/2024/EO_20-170.pdf, https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-149.pdf, and
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO-23-132.pdf (last visited Mar. 21, 2025)
23 S. 288.0656(2)(e), F.S.
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10
an RAO if it presents a unique economic development opportunity of regional impact.25 The designation of an RAO
must be agreed upon by the Department, as well as the county and municipal governments to be included in the
RAO.26
This designation establishes these areas as priority assignments for REDI and allows the Governor, acting through
REDI, to waive criteria, requirements, or similar provisions of any economic development initiative. Such
incentives include, but are not limited to, the Quick Response Training Program27, the Quick Response Training
Program for participants in the welfare transition program28, transportation projects,29 the brownfield
redevelopment bonus refund30, and the rural job tax credit program.31
Currently, there are three designated RAO areas:
Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and Washington
counties, and portions of Walton County (the City of Freeport and lands north of the Choctawhatchee Bay
and intercoastal waterway).
South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties, and the cities of
Pahokee, Belle Glade, and South Bay in Palm Beach County and the city of Immokalee in Collier County.
North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette, Levy,
Madison, Putnam, Suwannee, Taylor, and Union counties.32
Fiscally Constrained Counties
Fiscally constrained counties are counties entirely within a RAO or where a 1-mill levy would raise no more than
$5 million in annual tax revenue.33 There are 29 counties that currently meet these conditions; Baker, Bradford,
Calhoun, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands,
Holmes, Jackson, Jefferson, Lafayette, Levy, Liberty, Madison, Okeechobee, Putnam, Suwannee, Taylor, Union,
Wakulla, and Washington.34 Highlands’ and Putnam’s 1-mill levy currently surpass the $5 million threshold.
Direct-to-Home Satellite Service Tax Distribution
Retail sales of direct-to-home satellite service received in Florida are subject to the communications service tax at
the rate of 9.07 percent and the gross receipts tax at the rate of 2.37 percent.35
From communications services tax receipts, 55.9 percent is distributed through the state’s “standard” sales tax
distribution formula.36 The remaining 44.1 percent is transferred to the local government half-cent sales tax trust
fund.37
Seventy percent of the transfer is distributed formulaically to all counties within the state. The remaining 30
percent is distributed to fiscally constrained counties that are eligible to participate in the local government half-
24 S. 288.0656(2)(d), F.S.
25 Id.
26 S. 288.0656(7)(b), F.S.
27 S. 288.047, F.S.
28 S.288.047(8), F.S.
29 S. 339.2821, F.S.
30 S. 288.107, F.S.
31 Ss. 212.098 and 220.1895, F.S.
32 Department of Commerce, Rural Areas of Opportunity, available at https://floridajobs.org/community-planning-and-
development/rural-community-programs/rural-areas-of-opportunity (last visited Mar.19, 2025). The economic development
organizations for these RAOs are named Opportunity Florida, Florida’s Heartland Regional Economic Development Initiative,
and the North Florida Economic Development Partnership, respectively.
33 S. 218.67(1), F.S.
34 Florida Department of Revenue, Fiscally Constrained Counties, available at
https://www.floridarevenue.com/property/Documents/fcc_map.pdf (last visited Mar. 21, 2025).
35 Ss. 202.12(1)(b) and 203.01(1)(b)2., F.S.
36 S. 202.18(2)(b), F.S. See also, s. 212.20(6)(d), F.S. Gross receipts tax revenues are distributed to the Public Education Capital
Outlay (PECO) and Debt Service Trust Fund in accordance with section 9 of Article XII of the State Constitution.
37 S. 202.18(2)(c)1., F.S.
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11
cent sales tax distribution.38 Fiscally constrained counties may use the funds from this distribution for any public
purpose, except for debt service.39
The collections from the tax on direct-to-home satellite service have declined in recent years; decreasing from
$18.1 million in Fiscal Year 2018-2019 to $10.1 million in Fiscal Year 2023-2024.40
Distribution Factors
Each fiscally constrained county receives a portion of the total direct-to-home satellite service distribution. At the
beginning of each fiscal year, the Department of Revenue (DOR) determines the amount to be distributed to each
fiscally constrained county using the prior fiscal year’s certified school taxable value, county millage rate, and latest
April 1 county population, excluding prisoners.41 The following factors were created by DOR to determine each
county’s relative share of the total distribution available for the coming fiscal year:42
The relative revenue-raising-capacity factor is based on a county’s certified school taxable value and population
and referred to in law as the ability of a county to generate property tax revenues from 1 mill on a per capita basis.
43 Counties that generate less per capita revenue receive a higher factor.44
The local-effort factor is based on a county’s millage rate and referred to in law as a measure of the relative level of
local effort of a county as indicated by the millage rate levied for the prior fiscal year.45 This factor guarantees that
each county receives a portion of the total distribution. It uses the most recently adopted countywide operating
millage rate for each eligible county and multiplies that millage rate by 0.1. For example, a county with a
countywide operating millage rate of 6.73 would receive a factor value of 0.673.
Sales and Use Tax
Florida levies a 6 percent tax on the sale or rental of most items of tangible personal property,46 admissions,47
transient rentals,48 and a limited number of services, as well as a 2 percent tax on commercial leases.49 Sales tax is
added to the price of the taxable good or service and collected from the purchaser at the time of sale.50 Counties are
authorized to impose local discretionary sales surtaxes in addition to the state sales tax.51
A portion of Florida’s state sales and use tax collections are distributed to all eligible counties and municipalities
through the County and Municipal Revenue Sharing programs and the Local Government Half-Cent Sales Tax
program. These programs distributed to fiscally constrained counties, including municipalities within the counties,
approximately $363.0 million in Fiscal Year 2023-2024.52
38 Id.
39 S. 218.67(5), F.S.
40 Florida Office of Economic and Demographic Research, Ordinary, Emergency, Supplemental, and Fiscally-Constrained
Distributions by County: SFY 1987-2024, available at https://edr.state.fl.us/Content/local-government/data/data-a-to-z/g-
l.cfm (last visited Mar. 21, 2025).
41 S. 186.901, F.S.
42 S. 218.67(3)(a), F.S
43 Id.
44 For example, a county that raises $25 or less per capita receives a factor value of 1; whereas a county that raises more than
$50 per capita receives a factor value of 0. In Fiscal Year 2024-2025, only three fiscally constrained counties were eligible for
this factor. See Email correspondence with staff at the Department of Revenue, Feb. 6, 2025 (on file with the Senate Committee
on Finance and Tax).
45 S. 218.67(3)(b), F.S.
46 S. 212.05(1)(a)1.a., F.S.
47 S. 212.04(1)(b), F.S.
48 S. 212.03(1)(a), F.S.
49 S. 212.031, F.S.
50 S. 212.07(2), F.S.
51 S. 212.055, F.S.
52 Florida Department of Revenue, Office of Tax Research, General Tax Distributions, Forms 5 and 6, available at
https://floridarevenue.com/DataPortal/Pages/TaxResearch.aspx (last visited Mar. 21, 2025).
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12
In contrast to the tax on direct-to-home satellite service, collections from sales tax have increased from $28.5
billion in Fiscal Year 2018-2019 to $41.1 billion in Fiscal Year 2023-2024.53 Additionally, sales tax collections are
based on sales of a wide variety of goods and some services and change with the state’s economic cycles.
Florida Office of Broadband
The Office of Broadband (office) is an office created within the Division of Community Development54 in the
Department for the purpose of providing broadband internet service to residents of Florida including: libraries,
schools, colleges and universities, health care providers, and community organizations.55 Under the office, the
department may apply for and accept federal funds, enter into contracts, and establish any committee or
workgroups to administer the program.56
Regional Rural Development Grants Program
The Regional Rural Development Grants Program was established to provide funding, through matching grants, to
build the professional capacity of regionally based economic development organizations located in rural
communities. The concept of building the professional capacity of an economic development organization includes
hiring professional staff to develop, deliver, and provide economic development professional services. Professional
services include technical assistance, education and leadership development, marketing, and project recruitment.57
Applications submitted to the Department for funding through this program must provide the following:58
Official commitments of support from each of the units of local government represented by the regional
organization;
The regional organization is in existence and actively involved in economic development activities serving
the region; and
The manner in which the organization coordinates its efforts with those other local and state organizations.
A contract or agreement that involves the expenditure of grant funds must include:59
The purpose of the contract or agreement.
Specific performance standards and responsibilities for each entity under the contract or agreement.
A detailed project or contract budget, if applicable.
The value of any services provided.
The projected travel expenses for employees and board members, if applicable.
An organization may receive up to $50,000 a year or $250,000 for any three regional economic development
organizations that serve an entire RAO.60 The Department is authorized to spend up to $750,000 each fiscal year
from funds appropriated to the Rural Community Development Revolving Loan Fund to carry out this program.61
Rural Infrastructure Fund
The Rural Infrastructure Fund is a grant program created to facilitate the planning, preparing, and financing of
infrastructure projects in rural communities.62 The program provides access to federal and state infrastructure
funding programs, including, but not limited to, those offered by the United States Departments of Agriculture and
53 Florida Office of Economic and Demographic Research, 2023 and 2024 Florida Tax Handbooks, available at
https://edr.state.fl.us/content/revenues/reports/tax-handbook/ (last visited Mar. 21, 2025).
54 S. 288.9961(4), F.S.
55 S. 288.9961(1), F.S.
56 S. 288.9961(5), F.S.
57 S. 288.018(1)(b), F.S.
58 S. 288.018(2), F.S.
59 S. 288.018(3)(a), F.S.
60 S. 288.018(1)(c), F.S.
61 S. 288.018(4), F.S.
62 See s. 288.0655, F.S.
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13
Commerce and including those offered by Rural Economic Development Initiative agencies.63 The program funds
total infrastructure project grants, infrastructure feasibility grants, and preclearance review grants.
The Department may award grants for up to 75 percent of the total infrastructure cost, or up to 100 percent of the
total infrastructure project cost for a project that is located in a rural community that is also located in a fiscally
constrained county64 or a RAO.65 Additionally, projects may include improving any inadequate infrastructure that
has resulted in regulatory action that prohibits economic or community growth or reducing the costs to
community users of proposed infrastructure improvements that exceed such costs in comparable communities.
Eligible uses of funds include improvements to public infrastructure for industrial or commercial sites and
upgrades to or development of public tourism infrastructure.66 Infrastructure can include public or public-private
partnership facilities, such as stormwater systems, telecommunication, roads or other remedies to transportation
impediments, nature-based tourism facilities and physical requirements necessary to facilitate tourism, trade, and
economic development activities.67 The Department may award grants of up to $300,000 for infrastructure
feasibility studies, design and engineering activities, or other infrastructure planning and preparation activities.68
The total project participation grant may be used in conjunction with the infrastructure feasibility grant.
To enable local governments to access the resources the Department may award grants for surveys, feasibility
studies, and other activities related to the identification and preclearance review of suitable land.69 Authorized
grants under program may not exceed $75,000 each, except in the case of a project in a rural area of opportunity, in
which case the grant may not exceed $300,000.70
Rural Community Development Revolving Loan Fund
The Rural Community Development Revolving Loan Fund Program is administered by the Department to facilitate
the use of existing federal, state, and local financial resources by providing local governments with financial
assistance to further promote the economic viability of rural communities.71
The program provides for long-term loans, loan guarantees, and loan loss reserves to units of local governments, or
economic development organizations in counties with populations of 75,000 or fewer, or within any county with a
population of 125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer.72 Loans must
be made pursuant to agreements specifying the terms and conditions agreed to between the applicant and the
department, and loans are the legal obligations of the applicant.73 All repayments of principal and interest must be
returned to the loan fund and made available for loans to other applicants.
However, in a RAO, repayments of principal and interest may be retained by the applicant if repayments are
dedicated and matched to fund regionally based economic development organizations representing the rural area
of opportunity.74
Rural Economic Development Strategy Grants
63 S. 288.0655(2)(b), F.S.
64 A fiscally constrained country is any county that is entirely within a rural area of opportunity as designated by the Governor
pursuant to s. 288.0656, F.S., or each county for which the value of a mill will raise no more than $5 million in revenue, based
on the taxable value certified pursuant to s. 1011.62(4)(a)1.a., F.S., from the previous July 1. S. 218.67(1), F.S.
65 S. 288.0655(2)(b), F.S.
66 Id.
67 Broadband internet service must be provided in partnership with one or more dealers of communications services. S.
288.0655(2)(b), F.S.
68 S. 288.0655(2)(c), F.S.
69 S. 288.0655(2)(e), F.S.
70 Id.
71 S. 288.065, (1) F.S.
72 S. 288.065, (2)(a) F.S.
73 S. 288.065 (2)(b), F.S.
74 S. 288.065 (2)(c), F.S.
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14
The Department accepts and administers money which is appropriated to the department for providing grants to
assist rural communities in developing and implementing strategic economic development plans.75 The rural
community must be counties with populations of 75,000 or fewer, or within any county with a population of
125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer, or a municipality therein.76
The Department must establish criteria for reviewing grant applications under this section. These criteria include,
but are not limited to, the degree of participation and commitment by the local community and the application’s
consistency with local comprehensive planning.77
Inventory of Communities Seeking to Recruit Businesses
By September 30 of each year, a county or municipality that has a population of at least 25,000 or its local
economic development organization must submit to the Department a brief overview of the strengths, services,
and economic development incentives that its community offers.78 The local government or its local economic
development organization also must identify any industries that it is encouraging to locate or relocate to its area.79
Such local governments and organizations seeking to recruit businesses may submit information and may
participate in any activity or initiative resulting from the collection, analysis, and reporting of the information to
the Department.80
Agreements Funded with Federal or State Assistance
Current law requires an agency agreement that provides state financial assistance to a recipient or subrecipient,81
or that provides federal financial assistance to a subrecipient, to include the following:
A provision specifying scope of work that clearly establishes the tasks the recipient or subrecipient is
required to perform;
A provision dividing the agreement into quantifiable units of deliverables that must be received and
accepted in writing by the agency before payment. Each deliverable must be directly related to the
scope of work and must specify the required minimum level of service to be performed and the criteria
for evaluating the successful completion of each deliverable;
A provision specifying the financial consequences that apply if the recipient or subrecipient fails to
perform the minimum level of service required in the agreement. The provision can be excluded in
specified situations;
A provision specifying that a recipient or subrecipient of federal or state financial assistance may
expend funds only for allowable costs resulting from obligations incurred during the specified
agreement period;
A provision specifying that any balance of unobligated funds which has been advanced or paid must be
refunded to the state agency;
A provision specifying that any funds paid in excess of the amount to which the recipient or
subrecipient is entitled must be refunded to the state agency; and
Any additional information required pursuant to the Florida Single Audit Act.82
Current law prohibits an agency agreement that provides state or federal financial assistance to local government
entities within a RAO from requiring the local government entity to expend funds in order to be reimbursed. For
these local government entities, an agency is authorized to advance funding based on an analysis of estimated
costs, to pay service providers and vendors directly, or to undertake other options to meet the requirements of the
agreement, allowing local governments in rural areas to be paid without spending their own capital first.83
75 S. 288.0657 (2), F.S.
76 S. 288.0657 (1), F.S.
77 S. 288.0657(4), F.S.
78 S. 288.007, F.S.
79 Id.
80 Id.
81 S. 215.97, F.S., defines a “subrecipient” as a nonstate entity that receives state financial assistance through another nonstate
entity.
82 S. 215.971(1)(a)-(g), F.S.
83 S. 215.971, F.S (h) F.S.
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15
The Small Business Development Center Network
Established in 2008, the Florida Small Business Development Center Network (SBDC) is the principal business
assistance organization for small businesses in the state. The purpose of the SBDC is to serve emerging and
established for-profit, privately held businesses that maintain a place of business in the state.84 The SBDC is a
consortium of regional small business development centers throughout the state that offer current and prospective
small businesses consulting services, training opportunities, and access to other resources and information.85
Regional centers are based at several of Florida’s colleges and universities.86 The SBDC is run by a statewide
director in consultation with a 19 member statewide advisory board.87
The network is funded in part by the U.S. Small Business Administration, Department of Defense, State of Florida
through appropriations, and other private and public partners, with the University of West Florida serving as the
SBDC’s designated lead host institution.88 Half of any state funds received directly by a host institution which are
specifically designated for the network are distributed for the following purposes:
Ensuring that support services are available statewide, especially in underserved and rural areas of the
state, to assist eligible businesses;
Enhancing participation in the network among state universities and colleges; and
Facilitating the adoption of innovative small business assistance best practices by the regional small
business development centers.
State Housing Initiatives Partnership (SHIP) Program
The SHIP Program was created to provide funds to local governments as an incentive to create partnerships that
produce and preserve affordable homeownership and multifamily housing. The SHIP program provides funds to all
67 counties and 52 Community Development Block Grant89 entitlement cities on a population-based formula to
finance and preserve affordable housing based on locally adopted housing plans.90 The program was designed to
serve very-low, low-, and moderate-income families and is administered by Florida Housing Finance Corporation
(FHFC). SHIP funds may be used to pay for emergency repairs, rehabilitation, down payment and closing cost
assistance, impact fees, construction and gap financing, mortgage buydowns, acquisition of property for affordable
housing, matching dollars for federal housing grants and programs, and homeownership counseling.91
Funds are expended per each local government’s adopted Local Housing Assistance Plan (LHAP), which details the
housing strategies it will use.92 Local governments submit their LHAPs to the FHFC for review to ensure that they
meet the broad statutory guidelines and the requirements of the program rules. The guaranteed minimum
allocation amount that will be disbursed on a quarterly or more frequent basis by the FHFC to local governments is
$350,000.93
Certain statutory requirements restrict a local government’s use of funds made available under the SHIP program
(excluding amounts set aside for administrative costs):
84 Ch. 2008-149, L.O.F., codified as s. 288.001, F.S.
85 America’s SBDC Florida, Consulting Services, available at https://floridasbdc.org/ (last visited Mar. 21, 2025)
86 America’s SBDC Florida, Our Network, available at https://floridasbdc.org/ (last visited Mar. 21, 2025).
87 S. 288.001 (3)-(4), F.S.
88 America’s SBDC Florida, About Funding, available at https://floridasbdc.org/about/ (last visited Mar. 21, 2025).
89 The CDBG program is a federal program created in 1974 that provides funding for housing and community development
activities.
90 See ss. 420.907-420.9089, F.S.
91 S. 420.9072(7), F.S.
92 S. 420.9075, F.S. S. 420.9075(3), F.S., outlines a list of strategies LHAPs are encouraged to employ, such as helping those
affected by mobile home park closures, encouraging innovative housing design to reduce long-term housing costs, preserving
assisted housing, and reducing homelessness.
93 S. 420.9073 (3)(a-b) F.S.
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At least 75 percent of SHIP funds must be reserved for construction, rehabilitation, or emergency repair of
affordable, eligible housing;94 and
Up to 25 percent of SHIP funds may be reserved for allowed rental services.95
Within those distributions by local governments, additional requirements must be met:
At least 65 percent of SHIP funds must be reserved for home ownership for eligible persons;96
At least 20 percent of SHIP funds must serve persons with special needs;97
Up to 20 percent of SHIP funds may be used for manufactured housing;98 and
At least 30 percent of SHIP funds must be used for awards to very-low-income persons or eligible sponsors
serving very-low-income persons, and another 30 percent must be used for awards for low-income-
persons or eligible sponsors serving low-income persons.99
USDA Section 515 Rural Affordable Housing
Many of rural America’s 65 million residents experience acute housing problems with nearly 30 percent of rural
households experiencing at least one major housing problem, such as high cost, physical deficiencies, or
overcrowding.100 The United States Department of Agriculture’s (USDA) Section 515 program is a part of the
national Rural Rental Housing program. Under the Section 515 program, USDA Rural Development makes direct
loans to developers to finance affordable multifamily rental housing for very low-income, low-income, and
moderate-income families, for elderly people, and for persons with disabilities.101
Section 515 funds can be used for any new construction and for the rehabilitation of existing rural properties.
Funding can also be used to buy or improve land, and to provide critical infrastructure for properties such as water
and waste disposal systems. However, no new rental properties have been developed under Section 515 since
2011.102
Small County Road Programs
Small County Road Assistance Program (SCRAP)
FDOT administers SCRAP to assist small county governments in resurfacing or reconstructing county roads that
were part of the county road system on June 10, 1995.103 Counties eligible to compete for funding based on
population include those with a population of 75,000 or less according to the 1990 federal census. Under this
criterion, there are currently 33 counties eligible to receive funding through the program. Capacity improvements
on county roads are not eligible for SCRAP funding, except when FDOT determines that widening existing lanes as
part of a resurfacing or reconstruction project is necessary to address safety concerns.104
94 S. 420.9075(5)(c), F.S.
95 S. 420.9075(5)(b), F.S. However, a local government may not expend money distributed to it to provide ongoing rent
subsidies, except for: security and utility deposit assistance; eviction prevention not to exceed six months’ rent; or a rent
subsidy program for very-low-income households with at least one adult who is a person with special needs or is homeless,
not to exceed 12 months’ rental assistance.
96 S. 420.9075(5)(a), F.S. “Eligible person” or “eligible household” means one or more natural persons or a family determined
by the county or eligible municipality to be of very low income, low income, or moderate income based upon the annual gross
income of the household.
97 S. 420.9075(5)(d), F.S.
98 S. 420.9075(5)(e), F.S.
99 S. 420.9075(5)(g)2., F.S.
100 National Low Income Housing Coalition, USDA Rural Rental Housing Programs, available at
https://nlihc.org/sites/default/files/AG-2019/04-13_USDA-Rural-Rental-Housing-Programs.pdf (last visited Mar. 21, 2025).
101 Id.
102 Id.
103 S. 339.2816(4), F.S.
104 FDOT, Work Program Instructions FY 25/26-29/30, September 6, 2024, at p. 394, available at
https://fdotewp1.dot.state.fl.us/fmsupportapps/Documents/development/WorkProgramInstructions.pdf
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Currently, up to $25 million annually from the State Transportation Trust Fund may be used to fund the SCRAP.105
Available funds are allocated to the FDOT districts based on the number of counties eligible for funding under the
criteria in s. 339.2816, F.S.
Small County Outreach Program (SCOP)
The SCOP assists small counties in repairing or rehabilitating county bridges, paving unpaved roads, addressing
road-related drainage improvements, resurfacing or reconstructing county roads, or constructing capacity or
safety improvements to county roads. Small counties eligible to compete for project funding include those with a
population of 200,000 or less as determined by the most recent official estimate of the Office of Economic and
Demographic Research.106 Similar to the SCRAP, available funds are allocated to FDOT districts based on the
number of counties eligible for funding under the criteria in s. 339.2818, F.S.
FDOT is required to fund 75 percent of the cost of projects on county roads selected for funding under the program
and the county must provide 25 percent of such costs.107 Rural counties qualifying under the Rural Economic
Development Initiative108 may apply for a waiver or reduction of the required 25 percent local match.109 Subject to
specific appropriation, municipalities within a rural area of opportunity may also compete for funding at up to 100
percent of the project costs.110
In 2024, the SCOP was amended to incorporate additional eligibility provisions. Specifically, subject to a specific
appropriation, a local government either wholly or partially within the Everglades Agricultural Area, the Peace
River Basin, or the Suwannee River Basin may compete for additional funding at up to 100 percent of project costs
on state or county roads used primarily as farm-to-market connections between rural agricultural areas and
market distribution centers, excluding capacity improvement projects.111
Arterial Roads
Under Florida’s Transportation Code “arterial road” means a route providing service which is relatively continuous
and of relatively high traffic volume, long average trip length, high operating speed, and high mobility
importance.112 Arterials include U.S. numbered highways and principal state roads that connect cities and towns.
FDOT’s Functional Classification system distinguishes between urban and rural designations for arterial roads.113
FDOT routinely manages and improves arterial roads to increase capacity and facilitate traffic throughput, while at
the same time achieving the paramount goal of improving safety.
FDOT is required to identify and include in the work program projects to increase capacity by widening existing
two-lane arterial rural roads to four lanes. To be included in a work program project, the road must be classified as
an arterial rural road, and truck traffic using the road must amount to at least 15 percent of all such traffic, as
determined by the department. FDOT is required to fund at least $20 million annually for such projects.114
105 S. 339.2816(3), F.S.
106 S. 339.2818, F.S.
107 S. 339.2818(4)(a), F.S.
108 See s. 288.056, F.S., for a full description of the Rural Economic Development Initiative.
109 FDOT, Work Program Instructions FY 25/26-29/30, September 6, 2024, at p. 384, available at
https://fdotewp1.dot.state.fl.us/fmsupportapps/Documents/development/WorkProgramInstructions.pdf (last visited Mar.
21, 2025).
110 S. 339.2818(7), F.S.
111 S. 339.2818(8), F.S.
112 S. 334.03(1), F.S.
113 FDOT, 2020 Urban Area Boundary and Functional Classification Handbook, available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/statistics/docs/urbanfunclass.pdf?sfvrsn=84c718c4_15 (last visited Mar. 21, 2025).
114 S. 339.68, F.S.
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Rural Hospital Capital Improvement (RHCI) Grant Program
This grant program is available to rural hospitals115 that apply and guarantee, subject to appropriation, at least
$100,000 per hospital to fund projects to acquire, repair, improve, or upgrade systems, facilities and equipment.
Between fiscal years 2023-2025 the grant program has helped to fund numerous improvement projects at rural
hospitals including, but not limited to:
Adding a third chiller at AdventHealth Palm Coast;
Purchasing a leased building which houses a rural health clinic by AdventHealth Wauchula;
Replacing nuclear medicine camera equipment and upgrading and refreshing patient rooms and air
conditioning at Ascension Sacred Heart Emerald Coast;
Replacing the air conditioning system at Doctors’ Memorial Hospital in Bonifay; and
Renovating emergency department space at Doctors’ Memorial Hospital in Perry and Ed Fraser Memorial
Hospital in Macclenny.116
Regional Educational Consortia
School districts with 20,000 or fewer students, developmental research schools, and the Florida School for the Deaf
and the Blind may enter into cooperative agreements to form a regional consortium service organization (regional
consortium).117 Regional consortium service organizations (regional consortia) are intended to provide programs
and services to small school districts to save money, increase student achievement, and improve organizational
efficiency via economies of scale and collaboration.118
There are three regional consortia:
The Heartland Educational Consortium (HEC),119
The North East Regional Consortium (NEFEC),120 and
The Panhandle Area Educational Consortium (PAEC).121
Florida’s Regional Consortia members include 36 school districts, 430 schools, 12,000 teachers, and 160,000
students.122
Each regional consortium must provide, at a minimum, three of the following services: exceptional student
education; teacher education centers; environmental education; federal grant procurement and coordination; data
processing; health insurance; risk management insurance; staff development; purchasing; or planning and
accountability.123 Each regional consortium receives an incentive grant of $50,000 per school district to be used for
the delivery of services within the participating school districts. The determination of services and use of such
funds is determined by the board of directors of the regional consortium.124
The board of directors of a regional consortium may use various means to generate revenue in support of its
activities, which may include patents, copyrights, and trademarks and licenses. Such funds must be used to support
115 A rural hospital is defined in s. 395.602, F.S. According to Florida Health Finder, there are 24 rural hospitals in Florida.
116 A full list of all projects is on file with Senate Health Policy Committee staff.
117 S. 1001.451(1), F.S.
118 Heartland Educational Consortium, North East Florida Educational Consortium, Panhandle Area Educational Consortium,
Florida’s Regional Consortia, Presentation to the Florida Senate Committee on Education Pre-K - 12 (Feb. 4, 2025), available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/6290/10954_MeetingPacket_6290_2.pdf, at 6.
119 HEC serves six-member districts: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee.
120 NEFEC serves 13-member districts: Baker, Bradford, Columbia, Dixie, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Nassau,
Putnam, Suwannee, and Union. NEFEC also serves the Florida School for the Deaf and the Blind and the P.K. Yonge
Developmental Research School.
121 PAEC serves 13-member districts: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Liberty, Madison, Taylor,
Wakulla, Walton, Washington. PAEC also serves the FSU Collegiate School and FAMU Developmental Research School.
122 Heartland Educational Consortium, North East Florida Educational Consortium, Panhandle Area Educational Consortium,
Florida’s Regional Consortia, Presentation to the Florida Senate Committee on Education Pre-K - 12 (Feb. 4, 2025), available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/6290/10954_MeetingPacket_6290_2.pdf, at 6.
123 S. 1001.451(1), F.S.
124 S. 1001.451(2), F.S.
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19
the organization’s marketing and research and development activities in order to improve and increase services to
its member districts.125
Special Facility Construction Accounts
The Special Facility Construction Account (SFCA) within the Department of Education (DOE) is used to provide
necessary construction funds to school districts that have urgent construction needs but lack sufficient resources,
and cannot reasonably anticipate sufficient resources within the next three years.126 These projects typically are
located in rural school districts that have an insufficient tax base to fund large construction projects. The state’s
smaller school districts, which serve 20,000 or fewer students, generally raise considerably less through local
discretionary property taxes than larger Florida school districts. As a result, small school districts may have a
difficult time raising the local funds needed to pay for new schools.127 In 2023, rural school districts that were
members of regional consortium service organizations occupied ranks 36-67 in taxable values and values of the 1.5
mill discretionary levy.128
A district that receives funds under the SFCA must, for three years prior to applying for funds, and for a continuing
period necessary to meet its participation requirement, levy the maximum millage against the district’s nonexempt
assessed property value as authorized under s. 1011.71(2) or raise an equivalent amount of revenue from the
school capital outlay surtax authorized under s. 212.055(6). In addition, a district must budget the value of 1 mill
per year to the project until the participation requirement129 related to the discretionary capital improvement levy
or capital outlay surtax is satisfied.130 A district may not receive funding for more than one approved project in any
3-year period or while any portion of the district’s participation requirement is outstanding.131
Charter School Capital Outlay Funding
Charter school capital outlay funding consists of state funds when such funds are appropriated in the General
Appropriations Act and revenue resulting from the 1.5 mill discretionary capital improvement levy authorized in
law.132
If the school board levies the discretionary capital improvement millage, DOE must, when determining the amount
of revenue that a school district must distribute to each eligible charter school, reduce from the total amount the
total discretionary millage revenue by the school district’s annual debt service obligation incurred as of March 1,
2017, which has not been subsequently retired, and any amount of participation requirement under the Special
Facility Construction Account that is being satisfied by revenues raised by the discretionary millage.133 Of the total
calculated amount based on a district’s discretionary millage and the total number of students in district charter
schools, the school district must distribute 40 percent in 2024-2025, and 60 percent in 2025-2026.134
125 S. 1001.451(5), F.S.
126 S. 1013.64(2)(a), F.S.
127 Office of Program Policy Analysis & Government Accountability, Special Facility Construction Projects Appear Needed, but
Have Excess Capacity (Report 11-02, Jan. 2011) available at https://oppaga.fl.gov/Documents/Reports/11-02.pdf, at 1-2.
128 Heartland Educational Consortium, North East Florida Educational Consortium, Panhandle Area Educational Consortium,
Florida’s Regional Consortia, Presentation to the Florida Senate Committee on Education Pre-K - 12 (Feb. 4, 2025), available at
https://www.flsenate.gov/Committees/Show/ED/MeetingPacket/6290/10954_MeetingPacket_6290_2.pdf, at 10.
129 The participation requirement is unencumbered and future revenue from school bonds under Art. XII, s. 9(d), Fla. Const.,
the discretionary capital improvement levy under s. 1011.71(2), and the amounts from the Public Education Capital Outlay
and Debt Service Trust Fund in the year of the initial appropriation and for the 2 years immediately following the initial
appropriation. S. 1013.64(2)(a)11., F.S.
130 S. 1013.64(2)(a)8., F.S.
131 S. 1013.64(2)(a), F.S.
132 S. 1013.62(1), F.S. The 1.5 mill discretionary capital improvement levy is authorized under s. 1011.71(2), F.S.
133 S. 1013.62(3), F.S.
134 S. 1013.62(3)(d), F.S.
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By October 1 of each year, each school district must certify to DOE the amount of debt service and participation
requirement that can be reduced from the total discretionary millage revenue. The Auditor General must verify
compliance with these requirements during scheduled operational audits of school districts.135
For all school districts with charter schools in that district, the total 2025-2026 estimated local funds that must be
shared with charter schools is $214,219,713. Of the 29 fiscally constrained counties136 that may be eligible for
funds under the Special Facilities Construction Account, the 2025-2026 estimated local funds that must be shared
with charter schools is $1,292,083.137
OTHER RESOURCES:
Addressing Rural Health Challenges Head On - PMC
Rural-Urban Differences in Cardiovascular Mortality in the United States, 2010-2022 | JACC
COE - Difficulty Hiring Teachers in Rural Areas
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Commerce Committee Hamon Larkin
Health & Human Services
Committee
Budget Committee
135 S. 1013.62(3), F.S. Flush-left provision.
136 Each county that is entirely within a rural area of opportunity as designated by the Governor pursuant to s. 288.0656 or
each county for which the value of a mill will raise no more than $5 million in revenue, based on the taxable value certified
pursuant to s. 1011.62(4)(a)1.a., from the previous July 1, is considered a fiscally constrained county. S. 218.67(1), F.S. See also
Florida Department of Revenue, Fiscally Constrained Counties, available at
https://www.floridarevenue.com/property/Documents/fcc_map.pdf (last visited Mar. 21, 2025).
137 The amount is derived from 60 percent of the calculation of each district’s ad valorem taxes, after specified deductions, and
eligible charter school full-time equivalent students. See 1013.62(3), F.S.
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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 1427 2025
1 A bill to be entitled
2 An act relating to rural communities; amending s.
3 20.60, F.S.; revising the list of divisions and
4 offices within the Department of Commerce to conform
5 to changes made by the act; revising the annual
6 program reports that must be included in the annual
7 report of the Department of Commerce; amending s.
8 163.3168, F.S.; requiring the state land planning
9 agency to give preference for technical assistance
10 funding to local governments located in a rural area
11 of opportunity; requiring the agency to consult with
12 the Office of Rural Prosperity when awarding certain
13 funding; amending s. 201.15, F.S.; requiring that a
14 certain sum be paid to the credit of the State
15 Transportation Trust Fund for the exclusive use of the
16 Florida Arterial Road Modernization Program; amending
17 s. 202.18, F.S.; redirecting the transfer of certain
18 communication services tax revenue; amending s.
19 212.20, F.S.; revising the distribution of sales and
20 use tax revenue to include a transfer to fiscally
21 constrained counties; amending s. 215.971, F.S.;
22 providing construction regarding agreements funded
23 with federal or state assistance; requiring each state
24 agency to report to the Office of Rural Prosperity by
25 a certain date with a summary of certain information;
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26 requiring the office to summarize the information it
27 receives for its annual report; amending s. 218.67,
28 F.S.; revising the conditions required for a county to
29 be considered a fiscally constrained county;
30 authorizing eligible counties to receive a
31 distribution of sales and use tax revenue; revising
32 the sources that the Department of Revenue must use to
33 determine the amount distributed to fiscally
34 constrained counties; revising the factors for
35 allocation of the distribution of revenue to fiscally
36 constrained counties; requiring that the computation
37 and amount distributed be calculated based on a
38 specified rounding algorithm; authorizing specified
39 uses for the revenue; conforming a cross-reference;
40 amending s. 288.0001, F.S.; requiring the Office of
41 Economic and Demographic Research and the Office of
42 Program Policy Analysis and Government Accountability
43 (OPPAGA) to prepare a report for a specified purpose;
44 specifying requirements for the report; providing that
45 the Office of Economic and Demographic Research and
46 OPPAGA must be provided with all data necessary to
47 complete the rural communities or areas report upon
48 request; authorizing the Office of Economic and
49 Demographic Research and OPPAGA to collaborate on all
50 data collection and analysis; requiring the Office of
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51 Economic and Demographic Research and OPPAGA to submit
52 the report to the Legislature by a specified date;
53 providing additional requirements for the report;
54 providing for expiration; amending s. 288.001, F.S.;
55 requiring the Florida Small Business Development
56 Center Network to use certain funds appropriated for a
57 specified purpose; authorizing the network to dedicate
58 funds to facilitate certain events; amending s.
59 288.007, F.S.; revising which local governments and
60 economic development organizations seeking to recruit
61 businesses are required to submit a specified report;
62 creating s. 288.013, F.S.; providing legislative
63 findings; creating the Office of Rural Prosperity
64 within the Department of Commerce; requiring the
65 Governor to appoint a director, subject to
66 confirmation by the Senate; providing that the
67 director reports to and serves at the pleasure of the
68 secretary of the department; providing the duties of
69 the office; requiring the office to establish by a
70 specified date a certain number of regional rural
71 community liaison centers across this state for a
72 specified purpose; providing the powers, duties, and
73 functions of the liaison centers; requiring the
74 liaison centers, to the extent possible, to coordinate
75 with certain entities; requiring the liaison centers
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76 to engage with the Rural Economic Development
77 Initiative (REDI); requiring at least one staff member
78 of a liaison center to attend the monthly meetings in
79 person or by means of electronic communication;
80 requiring the director of the office to submit an
81 annual report to the Administration Commission in the
82 Executive Office of the Governor; specifying
83 requirements for the annual report; requiring that the
84 annual report also be submitted to the Legislature by
85 a specified date and published on the office's
86 website; requiring the director of the office to
87 attend the next Administration Commission meeting to
88 present detailed information from the annual report;
89 requiring OPPAGA to review the effectiveness of the
90 office by a certain date annually until a specified
91 date; requiring OPPAGA to review the office at
92 specified intervals; requiring such reviews to include
93 certain information to be considered by the
94 Legislature; requiring that such reports be submitted
95 to the Legislature; requiring OPPAGA to review certain
96 strategies from other states; requiring OPPAGA to
97 submit to the Legislature its findings at certain
98 intervals; creating s. 288.014, F.S.; providing
99 legislative findings; requiring the Office of Rural
100 Prosperity to administer the Renaissance Grants
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101 Program to provide block grants to eligible
102 communities; requiring the Office of Economic and
103 Demographic Research to certify to the Office of Rural
104 Prosperity certain information by a specified date;
105 defining the term "growth-impeded"; requiring the
106 Office of Economic and Demographic Research to certify
107 annually that a county remains growth-impeded until
108 such county has positive population growth for a
109 specified amount of time; providing that such county,
110 after 3 consecutive years of population growth, is
111 eligible to participate in the program for 1
112 additional year; requiring a county eligible for the
113 program to enter into an agreement with the Office of
114 Rural Prosperity in order to receive the block grant;
115 giving such counties broad authority to design their
116 specific plans; prohibiting the Office of Rural
117 Prosperity from determining how such counties
118 implement the block grant; requiring regional rural
119 community liaison center staff to provide assistance,
120 upon request; requiring participating counties to
121 report annually to the Office of Rural Prosperity with
122 certain information; providing that a participating
123 county receives a specified amount from funds
124 appropriated to the program; requiring participating
125 counties to make all attempts to limit the amount
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126 spent on administrative costs; authorizing
127 participating counties to contribute other funds for
128 block grant purposes; requiring participating counties
129 to hire a renaissance coordinator; providing that
130 funds from the block grant may be used to hire the
131 renaissance coordinator; providing the
132 responsibilities of the renaissance coordinator;
133 requiring the regional rural community liaison center
134 staff to provide assistance and training to the
135 renaissance coordinator, upon request; requiring
136 participating counties to design a plan to make
137 targeted investments to achieve population growth and
138 increase economic vitality; providing requirements for
139 such plans; requiring participating counties to
140 develop intergovernmental agreements with certain
141 entities in order to implement the plan; requiring the
142 Auditor General to conduct an operational audit every
143 2 years for a specified purpose; requiring the Office
144 of Economic and Demographic Research to provide an
145 annual report on a specified date of renaissance block
146 grant recipients by county; providing requirements for
147 the annual report; requiring that the report be
148 submitted to the Governor and the Legislature;
149 prohibiting funds appropriated for the program from
150 being subject to reversion; providing for an
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151 expiration of the section; creating s. 288.0175, F.S.;
152 creating the Public Infrastructure Smart Technology
153 Grant Program within the Office of Rural Prosperity;
154 defining terms; requiring the office to contract with
155 one or more smart technology lead organizations to
156 administer a grant program for a specified purpose;
157 providing the criteria for such contracts; requiring
158 that projects funded by the grant program be included
159 in the office's annual report; amending s. 288.018,
160 F.S.; requiring the office, rather than the Department
161 of Commerce, to establish a grant program to provide
162 funding for regional economic development
163 organizations; revising who may apply for such grants;
164 providing that a grant award may not exceed a certain
165 amount in a year; providing exceptions to a provision
166 that the department may expend a certain amount for a
167 certain purpose; amending s. 288.019, F.S.; revising
168 the program criteria and procedures that agencies and
169 organizations of REDI are required to review; revising
170 the list of impacts each REDI agency and organization
171 must consider in its review; requiring REDI agencies
172 and organizations to develop a proposal for
173 modifications which minimizes the financial and
174 resource impacts to a rural community; requiring that
175 ranking of evaluation criteria and scoring procedures
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176 be used only when ranking is a component of the
177 program; requiring that match requirements be waived
178 or reduced for rural communities; providing that
179 donations of land may be treated as in-kind matches;
180 requiring each agency and organization that applies
181 for or receives federal funding to request federal
182 approval to waive or reduce the financial match
183 requirements, if any, for projects in rural
184 communities; requiring that proposals be submitted to
185 the office, rather than the department; requiring each
186 REDI agency and organization to modify rules or
187 policies as necessary to reflect the finalized
188 proposal; requiring that information about authorized
189 waivers be included on the office's online rural
190 resource directory; conforming a cross-reference;
191 amending s. 288.021, F.S.; requiring, when
192 practicable, the economic development liaison to serve
193 as the agency representative for REDI; amending s.
194 288.065, F.S.; defining the term "unit of local
195 government"; requiring the office to include in its
196 annual report certain information about the Rural
197 Community Development Revolving Loan Fund; conforming
198 provisions to changes made by the act; amending s.
199 288.0655, F.S.; revising the list of grants that may
200 be awarded by the office; deleting the authorization
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201 for local match requirements to be waived for a
202 catalyst site; revising the list of departments the
203 office must consult with to certify applicants;
204 requiring the office to include certain information
205 about the Rural Infrastructure Trust Fund in its
206 annual report; conforming provisions to changes made
207 by the act; amending s. 288.0656, F.S.; providing
208 legislative findings; providing that REDI is created
209 within the Office of Rural Prosperity, rather than the
210 department; deleting the definitions of the terms
211 "catalyst project" and "catalyst site"; requiring that
212 an alternate for each designated deputy secretary be a
213 deputy secretary or higher-level staff person;
214 requiring that the names of such alternates be
215 reported to the director of the office; requiring at
216 least one rural liaison to participate in REDI
217 meetings; requiring REDI to meet at least each month;
218 deleting a provision that a rural area of opportunity
219 may designate catalyst projects; requiring REDI to
220 submit a certain report to the office, rather than to
221 the department; specifying requirements for such
222 report; conforming provisions to changes made by the
223 act; repealing s. 288.06561, F.S., relating to
224 reduction or waiver of financial match requirements;
225 amending s. 288.0657, F.S.; requiring the office,
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226 rather than the department, to provide grants to
227 assist rural communities; providing that such grants
228 may be used for specified purposes; requiring the
229 rural liaison to assist those applying for such
230 grants; providing that marketing grants may include
231 certain funding; amending s. 288.9961, F.S.; revising
232 the definition of the term "underserved"; requiring
233 the office to consult with regional rural community
234 liaison centers on development of a certain strategic
235 plan; requiring rural liaisons to assist rural
236 communities with providing feedback in applying for
237 federal grants for broadband Internet services;
238 requiring the office to submit reports with specified
239 information to the Governor and the Legislature within
240 certain timeframes; repealing s. 290.06561, F.S.,
241 relating to designation of rural enterprise zones as
242 catalyst sites; amending s. 319.32, F.S.; revising the
243 disposition of fees collected for certain title
244 certificates; amending s. 334.044, F.S.; revising the
245 powers and duties of the Department of Transportation;
246 amending s. 339.0801, F.S.; revising the allocation of
247 funds received in the State Transportation Trust Fund;
248 amending s. 339.2816, F.S.; requiring, rather than
249 authorizing, that certain funds received from the
250 State Transportation Trust Fund be used for the Small
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251 County Road Assistance Program; requiring the
252 department to use other additional revenues for the
253 Small County Road Assistance Program; providing an
254 exception from the prohibition against funding
255 capacity improvements on county roads; amending s.
256 339.2818, F.S.; deleting a provision that the funds
257 allocated under the Small County Outreach Program are
258 in addition to the Small County Road Assistance
259 Program; deleting a provision that a local government
260 within the Everglades Agricultural Area, the Peace
261 River Basin, or the Suwannee River Basin may compete
262 for additional funding; conforming provisions to
263 changes made by the act; making a technical change;
264 amending s. 339.68, F.S.; providing legislative
265 findings; creating the Florida Arterial Road
266 Modernization Program within the Department of
267 Commerce; defining the term "rural community";
268 requiring the department to allocate from the State
269 Transportation Trust Fund a minimum sum in each fiscal
270 year to fund the program; providing that such funding
271 is in addition to any other funding provided to the
272 program; providing criteria the department must use to
273 prioritize projects for funding under the program;
274 requiring the department to submit a report to the
275 Governor and the Legislature by a specified date;
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276 requiring that such report be submitted every 2 years
277 thereafter; providing the criteria for such report;
278 requiring the Department of Transportation to allocate
279 additional funds to implement the Small County Road
280 Assistance Program and amend the tentative work
281 program for a specified number of fiscal years;
282 requiring the department to submit a budget amendment
283 before the adoption of the work program; requiring the
284 department to allocate sufficient funds to implement
285 the Florida Arterial Road Modernization Program;
286 requiring the department to amend the current
287 tentative work program for a specified number of
288 fiscal years to include the program's projects;
289 requiring the department to submit a budget amendment
290 before the implementation of the program; requiring
291 that the revenue increases in the State Transportation
292 Trust Fund which are derived from the act be used to
293 fund the work program; creating s. 381.403, F.S.;
294 providing legislative findings; creating the Rural
295 Access to Primary and Preventive Care Grant Program
296 within the Department of Health for a specified
297 purpose; defining terms; requiring the department to
298 award grants under the program to physicians and
299 autonomous advanced practice registered nurses
300 intending to open new practices or practice locations
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301 in qualifying rural areas; specifying eligibility
302 criteria for the grants; requiring the department, by
303 a specified date, to create an application process for
304 applying for grants under the program; specifying
305 requirements for the application and application
306 process; authorizing the department, subject to
307 specific appropriation, to award grants under the
308 program; specifying limitations on the awarding of
309 grants; specifying expenses for which grant funds are
310 authorized and prohibited; requiring the department to
311 enter into a contract with each grant recipient;
312 specifying requirements for the contracts; authorizing
313 the department to adopt rules; requiring the
314 department, beginning on a specified date and annually
315 thereafter, to provide a report containing specified
316 information to the Governor and the Legislature;
317 providing for future legislative review and repeal of
318 the program; creating s. 381.9856, F.S.; creating the
319 Stroke, Cardiac, and Obstetric Response and Education
320 Grant Program within the Department of Health;
321 specifying the purpose of the program; defining terms;
322 requiring the department to award grants under the
323 program to certain entities meeting specified
324 criteria; requiring the department to give priority to
325 certain applicants; limiting individual grants to a
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326 specified amount per year; requiring grant recipients
327 to submit quarterly reports to the department;
328 requiring the department to monitor program
329 implementation and outcomes; requiring the department
330 to submit an annual report to the Governor and the
331 Legislature by a specified date; authorizing the
332 department to adopt rules; providing construction;
333 providing for future legislative review and repeal of
334 the program; amending s. 395.6061, F.S.; providing
335 that rural hospital capital grant improvement program
336 funding may be awarded to rural hospitals to establish
337 mobile care units and telehealth kiosks for specified
338 purposes; defining terms; amending s. 420.9073, F.S.;
339 revising the calculation of guaranteed amounts
340 distributed from the Local Government Housing Trust
341 Fund; reenacting and amending s. 420.9075, F.S.;
342 authorizing a certain percentage of the funds made
343 available in each county and eligible municipality
344 from the local housing distribution to be used to
345 preserve multifamily affordable rental housing;
346 specifying what such funds may be used for; providing
347 an expiration; amending s. 1001.451, F.S.; revising
348 the services required to be provided by regional
349 consortium service organizations when such services
350 are found to be necessary and appropriate by such
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351 organizations' boards of directors; revising the
352 allocation that certain regional consortium service
353 organizations are eligible to receive from the General
354 Appropriations Act; requiring each regional consortium
355 service organization to submit an annual report to the
356 Department of Education; requiring that unexpended
357 amounts in certain funds be carried forward; requiring
358 each regional consortium service organization to
359 provide quarterly financial reports to member
360 districts; requiring member districts to designate a
361 district to serve as a fiscal agent for certain
362 purposes; providing for compensation of the fiscal
363 agent district; requiring regional consortium service
364 organizations to retain all funds received from grants
365 or contracted services to cover indirect or
366 administrative costs associated with the provision of
367 such services; requiring the regional consortium
368 service organization board of directors to determine
369 products and services provided by the organization;
370 requiring a regional consortium service organization
371 board of directors to recommend the establishment of
372 positions and appointments to a fiscal agent district;
373 requiring that personnel be employed under specified
374 personnel policies; authorizing the regional
375 consortium service organization board of directors to
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376 recommend a salary schedule for personnel; authorizing
377 regional consortium service organizations to purchase
378 or lease property and facilities essential to their
379 operations; providing for the distribution of revenue
380 if a regional consortium service organization is
381 dissolved; deleting a provision requiring applications
382 for incentive grants; authorizing regional consortium
383 service organization boards of directors to contract
384 to provide services to nonmember districts; requiring
385 that a fund balance be established for specified
386 purposes; deleting a requirement for the use of
387 certain funds; authorizing a regional consortium
388 service organization to administer a specified
389 program; creating s. 1001.4511, F.S.; creating the
390 Regional Consortia Service Organization Supplemental
391 Services Program; providing the purpose of the
392 program; authorizing funds to be used for specified
393 purposes; requiring each regional consortium service
394 organization to report the distribution of funds
395 annually to the Legislature; providing for the
396 carryforward of funds; providing appropriations;
397 creating s. 1009.635, F.S.; establishing the Rural
398 Incentive for Professional Educators Program within
399 the Department of Education; requiring the program to
400 provide financial assistance for the repayment of
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401 student loans to eligible participants who establish
402 permanent residency and employment in rural
403 communities; providing that eligible participants may
404 receive up to a certain amount in total student loan
405 repayment assistance over a certain timeframe;
406 requiring the department to verify certain information
407 of participants in the program before it disburses
408 awards; providing that the program is administered
409 through the Office of Student Financial Assistance
410 within the department; requiring the department to
411 develop procedures and monitor compliance; requiring
412 the State Board of Education to adopt rules by a
413 certain date; amending s. 1013.62, F.S.; revising the
414 calculation methodology to determine the amount of
415 revenue that a school district must distribute to each
416 eligible charter school; amending s. 1013.64, F.S.;
417 revising conditions under which a school district may
418 receive funding on an approved construction project;
419 providing appropriations for specified purposes;
420 amending ss. 163.3187, 212.205, 257.191, 257.193,
421 265.283, 288.11621, 288.11631, 443.191, 571.26, and
422 571.265, F.S.; conforming cross-references and
423 provisions to changes made by the act; reenacting s.
424 288.9935(8), F.S., relating to the Microfinance
425 Guarantee Program, to incorporate the amendment made
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426 to s. 20.60, F.S., in a reference thereto; reenacting
427 ss. 125.0104(5)(c), 193.624(3), 196.182(2), 218.12(1),
428 218.125(1), 218.135(1), 218.136(1), 252.35(2)(cc),
429 288.102(4), 403.064(16)(g), 589.08(2) and (3), and
430 1011.62(1)(f), F.S., relating to authorized uses of
431 tourist development tax; applicability of assessments
432 of renewable energy source devices; application of
433 exemptions of renewable energy source devices;
434 appropriations to offset reductions in ad valorem tax
435 revenue in fiscally constrained counties; offset for
436 tax loss associated with certain constitutional
437 amendments affecting fiscally constrained counties;
438 offset for tax loss associated with reductions in
439 value of certain citrus fruit packing and processing
440 equipment; offset for ad valorem revenue loss
441 affecting fiscally constrained counties; Division of
442 Emergency Management powers; one-to-one match
443 requirement under the Supply Chain Innovation Grant
444 Program; applicability of provisions related to reuse
445 of reclaimed water; land acquisition restrictions; and
446 funds for operation of schools, respectively, to
447 incorporate the amendment made to s. 218.67, F.S., in
448 references thereto; reenacting s. 403.0741(6)(c),
449 F.S., relating to grease waste removal and disposal,
450 to incorporate the amendments made to ss. 218.67 and
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451 339.2818, F.S., in references thereto; reenacting s.
452 163.3177(7)(e), F.S., relating to required and
453 optional elements of comprehensive plans and studies
454 and surveys, to incorporate the amendment made to s.
455 288.0656, F.S., in a reference thereto; reenacting s.
456 288.9962(7)(a), F.S., relating to the Broadband
457 Opportunity Program, to incorporate the amendment made
458 to s. 288.9961, F.S., in a reference thereto;
459 reenacting s. 215.211(1), F.S., relating to service
460 charges and elimination or reduction for specified
461 proceeds, to incorporate the amendment made to s.
462 319.32, F.S., in a reference thereto; reenacting s.
463 339.66(5) and (6), F.S., relating to upgrades of
464 arterial highways with controlled access facilities,
465 to incorporate the amendment made to s. 339.68, F.S.,
466 in references thereto; reenacting ss. 420.9072(4) and
467 (6), 420.9076(7)(b), and 420.9079(2), F.S., relating
468 to the State Housing Initiatives Partnership Program,
469 adoption of affordable housing incentive strategies
470 and committees, and the Local Government Housing Trust
471 Fund, respectively, to incorporate the amendment made
472 to s. 420.9073, F.S., in references thereto; providing
473 an effective date.
474
475 Be It Enacted by the Legislature of the State of Florida:
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476
477 Section 1. Paragraph (a) of subsection (3) and paragraph
478 (c) of subsection (10) of section 20.60, Florida Statutes, are
479 amended to read:
480 20.60 Department of Commerce; creation; powers and
481 duties.—
482 (3)(a) The following divisions and offices of the
483 Department of Commerce are established:
484 1. The Division of Economic Development.
485 2. The Division of Community Development.
486 3. The Division of Workforce Services.
487 4. The Division of Finance and Administration.
488 5. The Division of Information Technology.
489 6. The Office of the Secretary.
490 7. The Office of Rural Prosperity.
491 8.7. The Office of Economic Accountability and
492 Transparency, which shall:
493 a. Oversee the department's critical objectives as
494 determined by the secretary and make sure that the department's
495 key objectives are clearly communicated to the public.
496 b. Organize department resources, expertise, data, and
497 research to focus on and solve the complex economic challenges
498 facing the state.
499 c. Provide leadership for the department's priority issues
500 that require integration of policy, management, and critical
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501 objectives from multiple programs and organizations internal and
502 external to the department; and organize and manage external
503 communication on such priority issues.
504 d. Promote and facilitate key department initiatives to
505 address priority economic issues and explore data and identify
506 opportunities for innovative approaches to address such economic
507 issues.
508 e. Promote strategic planning for the department.
509 (10) The department shall, by November 1 of each year,
510 submit an annual report to the Governor, the President of the
511 Senate, and the Speaker of the House of Representatives on the
512 condition of the business climate and economic development in
513 the state.
514 (c) The report must incorporate annual reports of other
515 programs, including:
516 1. A detailed report of the performance of the Black
517 Business Loan Program and a cumulative summary of quarterly
518 report data required under s. 288.714.
519 2. The Rural Economic Development Initiative established
520 under s. 288.0656.
521 3. A detailed report of the performance of the Florida
522 Development Finance Corporation and a summary of the
523 corporation's report required under s. 288.9610.
524 3.4. Information provided by Space Florida under s.
525 331.3051 and an analysis of the activities and accomplishments
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526 of Space Florida.
527 Section 2. Subsection (5) is added to section 163.3168,
528 Florida Statutes, to read:
529 163.3168 Planning innovations and technical assistance.—
530 (5) When selecting applications for funding for technical
531 assistance, the state land planning agency shall give preference
532 to local governments located in a rural area of opportunity as
533 defined in s. 288.0656. The state land planning agency shall
534 consult with the Office of Rural Prosperity when awarding
535 funding pursuant to this section.
536 Section 3. Paragraph (i) is added to subsection (4) of
537 section 201.15, Florida Statutes, to read:
538 201.15 Distribution of taxes collected.—All taxes
539 collected under this chapter are hereby pledged and shall be
540 first made available to make payments when due on bonds issued
541 pursuant to s. 215.618 or s. 215.619, or any other bonds
542 authorized to be issued on a parity basis with such bonds. Such
543 pledge and availability for the payment of these bonds shall
544 have priority over any requirement for the costs of collection
545 and enforcement under this section. Before distribution pursuant
546 to this section, the Department of Revenue shall deduct amounts
547 necessary to pay the costs of the collection and enforcement of
548 the tax levied by this chapter. The costs may not be levied
549 against any portion of taxes pledged to debt service on bonds to
550 the extent that the costs are required to pay any amounts
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551 relating to the bonds. All of the costs of the collection and
552 enforcement of the tax levied by this chapter shall be available
553 and transferred to the extent necessary to pay debt service and
554 any other amounts payable with respect to bonds authorized
555 before January 1, 2017, secured by revenues distributed pursuant
556 to this section. All taxes remaining after deduction of costs
557 shall be distributed as follows:
558 (4) After the required distributions to the Land
559 Acquisition Trust Fund pursuant to subsections (1) and (2), the
560 lesser of 8 percent of the remainder or $150 million in each
561 fiscal year shall be paid into the State Treasury to the credit
562 of the State Housing Trust Fund and shall be expended pursuant
563 to s. 420.50871. If 8 percent of the remainder is greater than
564 $150 million in any fiscal year, the difference between 8
565 percent of the remainder and $150 million shall be paid into the
566 State Treasury to the credit of the General Revenue Fund. The
567 remainder shall be distributed as follows:
568 (i) A total of $30 million shall be paid to the credit of
569 the State Transportation Trust Fund, which funds are exclusively
570 for the use of the Florida Arterial Road Modernization Program
571 as provided in s. 339.68.
572 Section 4. Paragraph (c) of subsection (2) of section
573 202.18, Florida Statutes, is amended to read:
574 202.18 Allocation and disposition of tax proceeds.—The
575 proceeds of the communications services taxes remitted under
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576 this chapter shall be treated as follows:
577 (2) The proceeds of the taxes remitted under s.
578 202.12(1)(b) shall be allocated as follows:
579 (c)1. After the distribution required under paragraph (b),
580 70 percent of the remainder During each calendar year, the
581 remaining portion of the proceeds shall be transferred to the
582 Local Government Half-cent Sales Tax Clearing Trust Fund.
583 Seventy percent of such proceeds shall be and allocated in the
584 same proportion as the allocation of total receipts of the half-
585 cent sales tax under s. 218.61 and the emergency distribution
586 under s. 218.65 in the prior state fiscal year. Thirty percent
587 of the remainder of such proceeds shall be transferred to the
588 General Revenue Fund distributed pursuant to s. 218.67.
589 2. The proportion of the proceeds allocated based on the
590 emergency distribution under s. 218.65 shall be distributed
591 pursuant to s. 218.65.
592 3. In each calendar year, the proportion of the proceeds
593 allocated based on the half-cent sales tax under s. 218.61 shall
594 be allocated to each county in the same proportion as the
595 county's percentage of total sales tax allocation for the prior
596 state fiscal year and distributed pursuant to s. 218.62.
597 4. The department shall distribute the appropriate amount
598 to each municipality and county each month at the same time that
599 local communications services taxes are distributed pursuant to
600 subsection (3).
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601 Section 5. Paragraph (d) of subsection (6) of section
602 212.20, Florida Statutes, is amended to read:
603 212.20 Funds collected, disposition; additional powers of
604 department; operational expense; refund of taxes adjudicated
605 unconstitutionally collected.—
606 (6) Distribution of all proceeds under this chapter and
607 ss. 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
608 (d) The proceeds of all other taxes and fees imposed
609 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
610 and (2)(b) shall be distributed as follows:
611 1. In any fiscal year, the greater of $500 million, minus
612 an amount equal to 4.6 percent of the proceeds of the taxes
613 collected pursuant to chapter 201, or 5.2 percent of all other
614 taxes and fees imposed pursuant to this chapter or remitted
615 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
616 monthly installments into the General Revenue Fund.
617 2. After the distribution under subparagraph 1., 8.9744
618 percent of the amount remitted by a sales tax dealer located
619 within a participating county pursuant to s. 218.61 shall be
620 transferred into the Local Government Half-cent Sales Tax
621 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
622 transferred shall be reduced by 0.1 percent, and the department
623 shall distribute this amount to the Public Employees Relations
624 Commission Trust Fund less $5,000 each month, which shall be
625 added to the amount calculated in subparagraph 3. and
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626 distributed accordingly.
627 3. After the distribution under subparagraphs 1. and 2.,
628 0.0966 percent shall be transferred to the Local Government
629 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
630 to s. 218.65.
631 4. After the distributions under subparagraphs 1., 2., and
632 3., 2.0810 percent of the available proceeds shall be
633 transferred monthly to the Revenue Sharing Trust Fund for
634 Counties pursuant to s. 218.215.
635 5. After the distributions under subparagraphs 1., 2., and
636 3., 1.3653 percent of the available proceeds shall be
637 transferred monthly to the Revenue Sharing Trust Fund for
638 Municipalities pursuant to s. 218.215. If the total revenue to
639 be distributed pursuant to this subparagraph is at least as
640 great as the amount due from the Revenue Sharing Trust Fund for
641 Municipalities and the former Municipal Financial Assistance
642 Trust Fund in state fiscal year 1999-2000, no municipality shall
643 receive less than the amount due from the Revenue Sharing Trust
644 Fund for Municipalities and the former Municipal Financial
645 Assistance Trust Fund in state fiscal year 1999-2000. If the
646 total proceeds to be distributed are less than the amount
647 received in combination from the Revenue Sharing Trust Fund for
648 Municipalities and the former Municipal Financial Assistance
649 Trust Fund in state fiscal year 1999-2000, each municipality
650 shall receive an amount proportionate to the amount it was due
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651 in state fiscal year 1999-2000.
652 6. After the distributions required under subparagraphs
653 1.-5., the greater of $50 million or 0.1438 percent of the
654 available proceeds shall be transferred to fiscally constrained
655 counties pursuant to s. 218.67.
656 7. Of the remaining proceeds:
657 a. In each fiscal year, the sum of $29,915,500 shall be
658 divided into as many equal parts as there are counties in the
659 state, and one part shall be distributed to each county. The
660 distribution among the several counties must begin each fiscal
661 year on or before January 5th and continue monthly for a total
662 of 4 months. If a local or special law required that any moneys
663 accruing to a county in fiscal year 1999-2000 under the then-
664 existing provisions of s. 550.135 be paid directly to the
665 district school board, special district, or a municipal
666 government, such payment must continue until the local or
667 special law is amended or repealed. The state covenants with
668 holders of bonds or other instruments of indebtedness issued by
669 local governments, special districts, or district school boards
670 before July 1, 2000, that it is not the intent of this
671 subparagraph to adversely affect the rights of those holders or
672 relieve local governments, special districts, or district school
673 boards of the duty to meet their obligations as a result of
674 previous pledges or assignments or trusts entered into which
675 obligated funds received from the distribution to county
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676 governments under then-existing s. 550.135. This distribution
677 specifically is in lieu of funds distributed under s. 550.135
678 before July 1, 2000.
679 b. The department shall distribute $166,667 monthly to
680 each applicant certified as a facility for a new or retained
681 professional sports franchise pursuant to s. 288.1162. Up to
682 $41,667 shall be distributed monthly by the department to each
683 certified applicant as defined in s. 288.11621 for a facility
684 for a spring training franchise. However, not more than $416,670
685 may be distributed monthly in the aggregate to all certified
686 applicants for facilities for spring training franchises.
687 Distributions begin 60 days after such certification and
688 continue for not more than 30 years, except as otherwise
689 provided in s. 288.11621. A certified applicant identified in
690 this sub-subparagraph may not receive more in distributions than
691 expended by the applicant for the public purposes provided in s.
692 288.1162(5) or s. 288.11621(3).
693 c. The department shall distribute up to $83,333 monthly
694 to each certified applicant as defined in s. 288.11631 for a
695 facility used by a single spring training franchise, or up to
696 $166,667 monthly to each certified applicant as defined in s.
697 288.11631 for a facility used by more than one spring training
698 franchise. Monthly distributions begin 60 days after such
699 certification or July 1, 2016, whichever is later, and continue
700 for not more than 20 years to each certified applicant as
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701 defined in s. 288.11631 for a facility used by a single spring
702 training franchise or not more than 25 years to each certified
703 applicant as defined in s. 288.11631 for a facility used by more
704 than one spring training franchise. A certified applicant
705 identified in this sub-subparagraph may not receive more in
706 distributions than expended by the applicant for the public
707 purposes provided in s. 288.11631(3).
708 d. The department shall distribute $15,333 monthly to the
709 State Transportation Trust Fund.
710 e.(I) On or before July 25, 2021, August 25, 2021, and
711 September 25, 2021, the department shall distribute $324,533,334
712 in each of those months to the Unemployment Compensation Trust
713 Fund, less an adjustment for refunds issued from the General
714 Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
715 distribution. The adjustments made by the department to the
716 total distributions shall be equal to the total refunds made
717 pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
718 subtracted from any single distribution exceeds the
719 distribution, the department may not make that distribution and
720 must subtract the remaining balance from the next distribution.
721 (II) Beginning July 2022, and on or before the 25th day of
722 each month, the department shall distribute $90 million monthly
723 to the Unemployment Compensation Trust Fund.
724 (III) If the ending balance of the Unemployment
725 Compensation Trust Fund exceeds $4,071,519,600 on the last day
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726 of any month, as determined from United States Department of the
727 Treasury data, the Office of Economic and Demographic Research
728 shall certify to the department that the ending balance of the
729 trust fund exceeds such amount.
730 (IV) This sub-subparagraph is repealed, and the department
731 shall end monthly distributions under sub-sub-subparagraph (II),
732 on the date the department receives certification under sub-sub-
733 subparagraph (III).
734 f. Beginning July 1, 2023, in each fiscal year, the
735 department shall distribute $27.5 million to the Florida
736 Agricultural Promotional Campaign Trust Fund under s. 571.26,
737 for further distribution in accordance with s. 571.265.
738 8.7. All other proceeds must remain in the General Revenue
739 Fund.
740 Section 6. Paragraph (h) of subsection (1) of section
741 215.971, Florida Statutes, is amended to read:
742 215.971 Agreements funded with federal or state
743 assistance.—
744 (1) An agency agreement that provides state financial
745 assistance to a recipient or subrecipient, as those terms are
746 defined in s. 215.97, or that provides federal financial
747 assistance to a subrecipient, as defined by applicable United
748 States Office of Management and Budget circulars, must include
749 all of the following:
750 (h)1. If the agency agreement provides federal or state
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751 financial assistance to a county or municipality that is a rural
752 community or rural area of opportunity as those terms are
753 defined in s. 288.0656(2), a provision allowing the agency to
754 provide for the payment of invoices to the county, municipality,
755 or rural area of opportunity as that term is defined in s.
756 288.0656(2), for verified and eligible performance that has been
757 completed in accordance with the terms and conditions set forth
758 in the agreement. This provision is not intended to require
759 reimbursement to the county, municipality, or rural area of
760 opportunity for invoices paid, but to allow the agency to
761 provide for the payment of invoices due. The agency shall
762 expedite such payment requests in order to facilitate the timely
763 payment of invoices received by the county, municipality, or
764 rural area of opportunity. This provision is included to
765 alleviate the financial hardships that certain rural counties
766 and municipalities encounter when administering agreements, and
767 must be exercised by the agency when a county or municipality
768 demonstrates financial hardship, to the extent that federal or
769 state law, rule, or other regulation allows such payments. This
770 paragraph may not be construed to alter or limit any other
771 provisions of federal or state law, rule, or other regulation.
772 2. By August 1, 2026, and each year thereafter, each state
773 agency shall report to the Office of Rural Prosperity
774 summarizing the implementation of this paragraph for the
775 preceding fiscal year. The Office of Rural Prosperity shall
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776 summarize the information received pursuant to this paragraph in
777 its annual report as required in s. 288.013.
778 Section 7. Section 218.67, Florida Statutes, is amended to
779 read:
780 218.67 Distribution for fiscally constrained counties.—
781 (1) Each county that is entirely within a rural area of
782 opportunity as designated by the Governor pursuant to s.
783 288.0656 or each county for which the value of a mill will raise
784 no more than $10 $5 million in revenue, based on the taxable
785 value certified pursuant to s. 1011.62(4)(a)1.a., from the
786 previous July 1, shall be considered a fiscally constrained
787 county.
788 (2) Each fiscally constrained county government that
789 participates in the local government half-cent sales tax shall
790 be eligible to receive an additional distribution from the Local
791 Government Half-cent Sales Tax Clearing Trust Fund, as provided
792 in s. 212.20(6)(d)6. s. 202.18(2)(c)1., in addition to its
793 regular monthly distribution provided under this part and any
794 emergency or supplemental distribution under s. 218.65.
795 (3) The amount to be distributed to each fiscally
796 constrained county shall be determined by the Department of
797 Revenue at the beginning of the fiscal year, using the prior
798 fiscal year's sales and use tax collections July 1 taxable value
799 certified pursuant to s. 1011.62(4)(a)1.a., tax data, population
800 as defined in s. 218.21, and the most current calendar year per
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801 capita personal income published by the Bureau of Economic
802 Analysis of the United States Department of Commerce millage
803 rate levied for the prior fiscal year. The amount distributed
804 shall be allocated based upon the following factors:
805 (a) The contribution-to-revenue relative revenue-raising-
806 capacity factor for each participating county shall equal 100
807 multiplied by a quotient, the numerator of which is the county's
808 population and the denominator of which is the state sales and
809 use tax collections attributable to the county be the ability of
810 the eligible county to generate ad valorem revenues from 1 mill
811 of taxation on a per capita basis. A county that raises no more
812 than $25 per capita from 1 mill shall be assigned a value of 1;
813 a county that raises more than $25 but no more than $30 per
814 capita from 1 mill shall be assigned a value of 0.75; and a
815 county that raises more than $30 but no more than $50 per capita
816 from 1 mill shall be assigned a value of 0.5. No value shall be
817 assigned to counties that raise more than $50 per capita from 1
818 mill of ad valorem taxation.
819 (b) The personal-income local-effort factor shall equal a
820 quotient, the numerator of which is the median per capita
821 personal income of participating counties and the denominator of
822 which is the county's per capita personal income be a measure of
823 the relative level of local effort of the eligible county as
824 indicated by the millage rate levied for the prior fiscal year.
825 The local-effort factor shall be the most recently adopted
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826 countywide operating millage rate for each eligible county
827 multiplied by 0.1.
828 (c) Each eligible county's proportional allocation of the
829 total amount available to be distributed to all of the eligible
830 counties shall be in the same proportion as the sum of the
831 county's two factors is to the sum of the two factors for all
832 eligible counties. The proportional rate computation must be
833 carried to the fifth decimal place, and the amount to distribute
834 to each county must be rounded to the next whole dollar amount.
835 The counties that are eligible to receive an allocation under
836 this subsection and the amount available to be distributed to
837 such counties do shall not include counties participating in the
838 phaseout period under subsection (4) or the amounts they remain
839 eligible to receive during the phaseout.
840 (4) For those counties that no longer qualify under the
841 requirements of subsection (1) after the effective date of this
842 act, there shall be a 2-year phaseout period. Beginning on July
843 1 of the year following the year in which the value of a mill
844 for that county exceeds $10 $5 million in revenue, the county
845 shall receive two-thirds of the amount received in the prior
846 year, and beginning on July 1 of the second year following the
847 year in which the value of a mill for that county exceeds $10 $5
848 million in revenue, the county shall receive one-third of the
849 amount received in the last year that the county qualified as a
850 fiscally constrained county. Following the 2-year phaseout
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851 period, the county is shall no longer be eligible to receive any
852 distributions under this section unless the county can be
853 considered a fiscally constrained county as provided in
854 subsection (1).
855 (5)(a) The revenues received under this section must be
856 allocated may be used by a county to be used for the following
857 purposes:
858 1. Fifty percent may be used for public safety, including
859 salary expenditures for law enforcement officers or correctional
860 officers, as those terms are defined in s. 943.10(1) and (2),
861 respectively, firefighters as defined in s. 633.102, or
862 emergency medical technicians or paramedics as those terms are
863 defined in s. 401.23.
864 2. Thirty percent may be used for infrastructure needs.
865 3. Twenty percent may be expended for any public purpose.
866 (b) The revenues received under this section any public
867 purpose, except that such revenues may not be used to pay debt
868 service on bonds, notes, certificates of participation, or any
869 other forms of indebtedness.
870 Section 8. Subsection (6) is added to section 288.0001,
871 Florida Statutes, to read:
872 288.0001 Economic Development Programs Evaluation.—The
873 Office of Economic and Demographic Research and the Office of
874 Program Policy Analysis and Government Accountability (OPPAGA)
875 shall develop and present to the Governor, the President of the
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876 Senate, the Speaker of the House of Representatives, and the
877 chairs of the legislative appropriations committees the Economic
878 Development Programs Evaluation.
879 (6)(a) The Office of Economic and Demographic Research and
880 OPPAGA shall prepare a report on the impact of the Florida
881 Statutes on rural communities. Specifically, the report must
882 include the following:
883 1. A review of definitions in the Florida Statutes of
884 terms such as "rural community," "rural area of opportunity,"
885 and other similar terms used to define rural areas of this
886 state, including population-based references, to assess the
887 adequacy of the current statutory framework in defining these
888 areas. The analysis must include, but need not be limited to:
889 a. Evaluation of whether current provisions properly
890 distinguish these communities or areas from more urban and
891 suburban parts of this state;
892 b. Consideration of updates to the definitions and
893 references to classify additional rural areas, such as growing
894 communities, unincorporated areas, or rural communities by
895 design; and
896 c. Study of appropriate metrics to be used to describe
897 rural communities or areas, such as population, geographic,
898 demographic, or other metrics, or combinations thereof.
899 2. A survey of local governments meeting the statutory
900 definition of "rural community" or "rural area of opportunity"
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901 to assess the benefits to the local government of being
902 identified as such and any perceived unmet needs in the
903 implementation of current statutory provisions designed to
904 support rural communities or areas.
905 3. An analysis of state grant programs and recurring
906 appropriations that explicitly benefit rural communities or
907 areas, including, but not limited to, program purpose, funding
908 amounts, participation rates, and consistency with peer-reviewed
909 studies on effective economic programs for these areas.
910 (b) Upon request, the Office of Economic and Demographic
911 Research and OPPAGA must be provided with all data necessary to
912 complete the report, including any confidential data, by any
913 entity with information related to this review. The offices may
914 collaborate on all data collection and analysis.
915 (c) The Office of Economic and Demographic Research and
916 OPPAGA shall submit a report to the President of the Senate and
917 the Speaker of the House of Representatives by December 31,
918 2025. The report must provide recommendations to address any
919 findings, including any changes in statutory definitions or
920 references to rural communities or areas, opportunities to
921 enhance state support to rural communities or areas, outcome
922 measures or other criteria that may be used to examine the
923 effectiveness of state grant programs for rural communities or
924 areas, and adjustments to program design, including changes to
925 increase participation in state grant programs for rural
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926 communities or areas.
927 (d) This subsection expires July 1, 2026.
928 Section 9. Present paragraphs (d) and (e) of subsection
929 (7) of section 288.001, Florida Statutes, are redesignated as
930 paragraphs (e) and (f), respectively, and a new paragraph (d) is
931 added to that subsection, to read:
932 288.001 The Florida Small Business Development Center
933 Network.—
934 (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE
935 INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST
936 PRACTICES; ELIGIBILITY.—
937 (d) Notwithstanding paragraphs (a), (b), and (c), the
938 network shall use funds directly appropriated for the specific
939 purpose of expanding service in rural communities, as defined in
940 s. 288.0656, in addition to any funds allocated by the network
941 from other sources. The network shall use the funds to develop
942 an activity plan focused on network consultants and resources in
943 rural communities. In collaboration with regional economic
944 development organizations as defined in s. 288.018, the plan
945 must provide for either full- or part-time consultants to be
946 available for at least 20 hours per week in rural areas or be
947 permanently stationed in rural areas. This may include
948 establishing a circuit in specific rural locations to ensure the
949 consultants' availability on a regular basis. By using the funds
950 to create a regular presence in rural areas, the network can
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951 strengthen community collaboration, raise awareness of available
952 resources to provide opportunities for new business development
953 or existing business growth, and make professional experience,
954 education, and business information available in these essential
955 communities. The network may dedicate funds to facilitate local
956 or regional events that focus on small business topics, provide
957 consulting services, and leverage partner organizations, such as
958 the regional economic development organizations, local workforce
959 development boards as described in s. 445.07, and Florida
960 College System institutions.
961 Section 10. Section 288.007, Florida Statutes, is amended
962 to read:
963 288.007 Inventory of communities seeking to recruit
964 businesses.—By September 30 of each year, a county or
965 municipality that has a population of at least 25,000 or its
966 local economic development organization, and each local
967 government within a rural area of opportunity as defined in s.
968 288.0656 or its local economic development organization, shall
969 must submit to the department a brief overview of the strengths,
970 services, and economic development incentives that its community
971 offers. The local government or its local economic development
972 organization also shall must identify any industries that it is
973 encouraging to locate or relocate to its area. Unless otherwise
974 required pursuant to this section, a county or municipality
975 having a population of 25,000 or less fewer or its local
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976 economic development organization seeking to recruit businesses
977 may submit information as required in this section and may
978 participate in any activity or initiative resulting from the
979 collection, analysis, and reporting of the information to the
980 department pursuant to this section.
981 Section 11. Section 288.013, Florida Statutes, is created
982 to read:
983 288.013 Office of Rural Prosperity.—
984 (1) The Legislature finds that the unique characteristics
985 and nature of the rural communities in this state are integral
986 to making this state an attractive place to visit, work, and
987 live. Further, the Legislature finds that building a prosperous
988 rural economy and vibrant rural communities is in the best
989 interest of this state. Rural prosperity is integral to
990 supporting this state's infrastructure, housing, and
991 agricultural and food-processing needs, as well as promoting the
992 health and advancement of the overall economy of this state. It
993 is of importance to the state that its rural areas are able to
994 grow, whether locally or in regional partnerships. To better
995 serve rural communities, and in recognition of rural Florida's
996 unique challenges and opportunities, the Office of Rural
997 Prosperity is established to ensure these efforts are
998 coordinated, focused, and effective.
999 (2) The Office of Rural Prosperity is created within the
1000 Department of Commerce for the purpose of supporting rural
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1001 communities by helping rural stakeholders navigate available
1002 programs and resources and representing rural interests across
1003 state government.
1004 (3) The Governor shall appoint a director to lead the
1005 office, subject to confirmation by the Senate. The director
1006 shall report to the secretary of the department and shall serve
1007 at the pleasure of the secretary.
1008 (4) The office shall do all of the following:
1009 (a) Serve as the state's point of contact for rural local
1010 governments.
1011 (b) Administer the Rural Economic Development Initiative
1012 ("REDI") pursuant to s. 288.0656.
1013 (c) Provide training and technical assistance to rural
1014 local governments on a broad range of community and economic
1015 development activities. The training and technical assistance
1016 may be offered using communications technology or in person and
1017 must be recorded and posted to the office's website. The
1018 training and technical assistance must include, at a minimum,
1019 the following topics:
1020 1. How to access state and federal resources, including
1021 training on the online rural resource directory required under
1022 paragraph (d).
1023 2. Best practices relating to comprehensive planning,
1024 economic development, and land development in rural communities.
1025 3. Strategies to address management and administrative
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1026 capacity challenges unique to rural local governments.
1027 4. Requirements of, and updates on recent changes to, the
1028 Community Planning Act under s. 163.3161.
1029 5. Updates on other recent state and federal laws
1030 affecting rural local governments.
1031 (d) Create and maintain an online rural resource directory
1032 to serve as an interactive tool to navigate the various state
1033 and federal resources, tools, and services available to rural
1034 local governments. The office shall regularly maintain the
1035 resource directory and, to the greatest extent possible, include
1036 up-to-date information on state and federal programs, resources,
1037 tools, and services that address the needs of rural communities
1038 in all areas of governance. Each state agency shall routinely
1039 provide information and updates to the office for maintenance of
1040 the resource directory. The resource directory must allow users
1041 to search by indicators, such as agency name, resource type, or
1042 topic, and include a notification function to allow users to
1043 receive alerts when new or modified resources are available. To
1044 the greatest extent possible, the resource directory must
1045 include information on financial match requirements for the
1046 state and federal programs listed in the directory.
1047 (5)(a) By October 1, 2025, the office shall establish and
1048 staff seven regional rural community liaison centers across this
1049 state for the purpose of providing specialized in-person state
1050 support to local governments in rural areas of opportunity as
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1051 defined in s. 288.0656. The department shall by rule divide this
1052 state into seven regions and assign a regional rural community
1053 liaison center to each region. Each liaison center shall support
1054 the local governments within its geographic territory and shall
1055 be staffed with at least two full-time department personnel. At
1056 a minimum, liaison centers shall have the following powers,
1057 duties, and functions:
1058 1. Work with local governments to plan and achieve goals
1059 for local or regional growth, economic development, and rural
1060 prosperity.
1061 2. Facilitate local government access to state and federal
1062 resources, such as grants, loans, and other aid or resources.
1063 3. Advise local governments on available waivers of
1064 program requirements, including financial match waivers or
1065 reductions, for projects using state or federal funds through
1066 the Rural Economic Development Initiative under s. 288.0656.
1067 4. Coordinate local government technical assistance needs
1068 with the department and other state or federal agencies.
1069 5. Promote model ordinances, policies, and strategies
1070 related to economic development.
1071 6. Assist local governments with regulatory and reporting
1072 compliance.
1073 (b) To the greatest extent possible, the regional rural
1074 community liaison centers shall coordinate with local and
1075 regional governmental entities, regional economic development
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1076 organizations as defined in s. 288.018, and other appropriate
1077 entities to establish a network to foster community-driven
1078 solutions that promote viable and sustainable rural communities.
1079 (c) The regional rural community liaison centers shall
1080 regularly engage with the Rural Economic Development Initiative
1081 established in s. 288.0656, and at least one staff member from
1082 each liaison center shall attend, either in person or by means
1083 of electronic communication, the monthly meetings required by s.
1084 288.0656(6)(c).
1085 (6) By December 1, 2025, and each year thereafter, the
1086 director of the office shall submit to the Administration
1087 Commission in the Executive Office of the Governor a written
1088 report describing the office's operations and accomplishments
1089 for the preceding year, inclusive of the Rural Economic
1090 Development Initiative report required by s. 288.0656(8). In
1091 consultation with the Department of Agriculture and Consumer
1092 Services, the office shall also include in the annual report
1093 recommendations for policies, programs, and funding to further
1094 support the needs of rural communities in this state. The office
1095 shall submit the annual report to the President of the Senate
1096 and the Speaker of the House of Representatives by December 1 of
1097 each year and publish the annual report on the office's website.
1098 The director shall present, in person at the next scheduled
1099 Administration Commission meeting, detailed information from the
1100 annual report required by this subsection.
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1101 (7)(a) The Office of Program Policy Analysis and
1102 Government Accountability (OPPAGA) shall review the
1103 effectiveness of the office by December 15, 2026, and each year
1104 thereafter until 2028. Beginning in 2029, OPPAGA shall review
1105 and evaluate the office every 3 years and shall submit a report
1106 based on its findings. Each report must recommend policy and
1107 statutory modifications for consideration by the Legislature.
1108 OPPAGA shall submit each report to the President of the Senate
1109 and the Speaker of the House of Representatives pursuant to the
1110 schedule.
1111 (b) OPPAGA shall review strategies implemented by other
1112 states on rural community preservation, enhancement, and
1113 revitalization and report on their effectiveness and potential
1114 for implementation in this state. OPPAGA shall include its
1115 findings in its report to the President of the Senate and the
1116 Speaker of the House of Representatives by December 15, 2027,
1117 and every 3 years thereafter.
1118 (c)1. OPPAGA shall review each state-funded or state-
1119 administered grant and loan program available to local
1120 governments to:
1121 a. Identify any specified local government financial match
1122 requirements and whether any portion of a match may be waived or
1123 is required to be waived, pursuant to law, and programs where a
1124 financial match waiver may be appropriate for rural local
1125 government applicants, if not contemplated by law.
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1126 b. Identify grant and loan application evaluation
1127 criteria, including scoring procedures, for programs that may be
1128 perceived to be overly burdensome for rural local government
1129 applicants, and whether special accommodations or preferences
1130 for rural local governments may be appropriate.
1131 2. OPPAGA shall produce a report based on its review and
1132 submit the report to the President of the Senate and the Speaker
1133 of the House of Representatives by December 15, 2026. This
1134 paragraph expires June 30, 2027.
1135 Section 12. Section 288.014, Florida Statutes, is created
1136 to read:
1137 288.014 Renaissance Grants Program.—
1138 (1) The Legislature finds that it has traditionally
1139 provided programs to assist rural communities with economic
1140 development and enhance their ability to attract businesses and
1141 that, by providing that extra component of economic viability,
1142 rural communities are able to attract new businesses and grow
1143 existing ones. However, the Legislature finds that a subset of
1144 rural communities has decreased in population over the past
1145 decade, contributing to a decline in local business activity and
1146 economic development. The Legislature further finds that the
1147 state must transform its assistance to these specific rural
1148 communities to help them achieve a necessary precursor of
1149 economic viability. The Legislature further finds that the
1150 approach intended by the creation of renaissance grants is to
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1151 focus on reversing the economic deterioration in rural
1152 communities by retaining and attracting residents by giving them
1153 a reason to stay, which is the impetus of natural economic
1154 growth, business opportunities, and increased quality of life.
1155 (2) The Office of Rural Prosperity within the department
1156 shall administer the Renaissance Grants Program to provide block
1157 grants to eligible counties. By October 1, 2025, the Office of
1158 Economic and Demographic Research shall certify to the Office of
1159 Rural Prosperity which counties are growth-impeded. For the
1160 purposes of this section, "growth-impeded" means a county that,
1161 as of the most recent population estimate, has had a declining
1162 population over the last 10 years. After an initial
1163 certification, the Office of Economic and Demographic Research
1164 shall annually certify whether the county remains growth-
1165 impeded, until the county has 3 consecutive years of population
1166 growth. Upon such certification of population growth, the county
1167 is eligible to participate in the program for 1 additional year
1168 in order for the county to prepare for the end of block grant
1169 funding.
1170 (3)(a) Each participating county shall enter into an
1171 agreement with the Office of Rural Prosperity to receive the
1172 block grant. Each county has broad authority to design its
1173 specific plan to achieve population growth within the broad
1174 parameters identified in this section. The Office of Rural
1175 Prosperity may not determine the manner in which the county
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1176 implements the block grant. However, regional rural community
1177 liaison center staff shall provide assistance in developing the
1178 county's plan, upon request.
1179 (b) Each participating county shall report annually to the
1180 Office of Rural Prosperity on activities undertaken,
1181 intergovernmental agreements entered into, and other information
1182 as required by the office.
1183 (c) Each participating county shall receive $1 million
1184 from the funds appropriated to the program. Counties
1185 participating in the program shall make all attempts to limit
1186 expenses for administrative costs, consistent with the need for
1187 prudent management and accountability in the use of public
1188 funds. Each county may contribute other funds for block grant
1189 purposes, including local, state, or federal grant funds, or
1190 seek out in-kind or financial contributions from private or
1191 public sources to assist in fulfilling the activities
1192 undertaken.
1193 (4)(a) A participating county shall hire and retain a
1194 renaissance coordinator and may use block grant funds for this
1195 purpose. The renaissance coordinator is responsible for:
1196 1. Ensuring that block grant funds are used as provided in
1197 this section;
1198 2. Coordinating with other local governments, school
1199 boards, Florida College System institutions, or other entities;
1200 and
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1201 3. Reporting as necessary to the state, including
1202 information necessary pursuant to subsection (7).
1203 (b) The Office of Rural Prosperity regional rural
1204 community liaison center staff shall provide assistance, upon
1205 request, and training to the renaissance coordinator to ensure
1206 successful implementation of the block grant.
1207 (5) A participating county shall design a plan to make
1208 targeted investments in the community to achieve population
1209 growth and increase the economic vitality of the community. The
1210 plan must include the following key features for use of the
1211 state support:
1212 (a) Technology centers with extended hours located within
1213 schools or on school premises, administered by the local school
1214 board, for such schools which provide extended hours and support
1215 for access by students.
1216 (b) Facilities that colocate adult day care with child
1217 care facilities. The site-sharing facilities must be managed to
1218 also provide opportunities for direct interaction between
1219 generations and increase the health and well-being of both
1220 younger and older participants, reduce social isolation, and
1221 create cost and time efficiencies for working family members.
1222 The regional rural community liaison center staff of the Office
1223 of Rural Prosperity shall assist the county, upon request, with
1224 bringing to the Rural Economic Development Initiative or
1225 directly to the appropriate state agency recommendations
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1226 necessary to streamline any required state permits, licenses,
1227 regulations, or other requirements.
1228 (c) Technology labs managed in agreement with the nearest
1229 Florida College System institution or a career center as
1230 established under s. 1001.44. Repurposing vacant industrial
1231 sites or existing office space must be given priority in the
1232 selection of lab locations. Each local technology lab must be
1233 staffed and open for extended hours with the capacity to
1234 provide:
1235 1. Access to trainers and equipment necessary for users to
1236 earn various certificates or online degrees in technology;
1237 2. Hands-on assistance with applying for appropriate
1238 remote work opportunities; and
1239 3. Studio space with equipment for graduates and other
1240 qualifying residents to perform remote work that is based on the
1241 use of technology. Collaboration with community partners,
1242 including the local workforce development board as described in
1243 s. 445.007, to provide training opportunities, in-kind support
1244 such as transportation to and from the lab, financing of
1245 equipment for in-home use, or basic maintenance of such
1246 equipment is required.
1247 (6) In addition to the hiring of a renaissance
1248 coordinator, a participating county shall develop
1249 intergovernmental agreements for shared responsibilities with
1250 its municipalities, school board, and Florida College System
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1251 institution or career center and enter into necessary contracts
1252 with providers and community partners in order to implement the
1253 plan.
1254 (7)(a) Every 2 years, the Auditor General shall conduct an
1255 operational audit as defined in s. 11.45 of each county's grant
1256 activities, beginning in 2026.
1257 (b) On December 31, 2026, and every year thereafter, the
1258 Office of Economic and Demographic Research shall submit an
1259 annual report of renaissance block grant recipients by county to
1260 the President of the Senate and the Speaker of the House of
1261 Representatives. The report must provide key economic indicators
1262 that measure progress in altering longer-term trends in the
1263 county. The Office of Rural Prosperity shall provide the Office
1264 of Economic and Demographic Research with information as
1265 requested to complete the report.
1266 (8) Notwithstanding s. 216.301, funds appropriated for the
1267 purposes of this section are not subject to reversion.
1268 (9) This section expires June 30, 2040.
1269 Section 13. Section 288.0175, Florida Statutes, is created
1270 to read:
1271 288.0175 Public Infrastructure Smart Technology Grant
1272 Program.—
1273 (1) The Public Infrastructure Smart Technology Grant
1274 Program is established within the Office of Rural Prosperity
1275 within the department to fund and support the development of
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1276 public infrastructure smart technology projects in communities
1277 located in rural areas of opportunity, subject to legislative
1278 appropriation.
1279 (2) As used in this section, the term:
1280 (a) "Public infrastructure smart technology" means systems
1281 and applications that use connectivity, data analytics, and
1282 automation to improve public infrastructure by increasing
1283 efficiency, enhancing public services, and promoting sustainable
1284 development.
1285 (b) "Rural area of opportunity" has the same meaning as in
1286 s. 288.0656.
1287 (c) "Smart technology lead organization" means a not-for-
1288 profit corporation organized under s. 501(c)(3) of the Internal
1289 Revenue Code which has been in existence for at least 3 years
1290 and specializes in smart region planning.
1291 (3)(a) The Office of Rural Prosperity shall contract with
1292 one or more smart technology lead organizations to administer
1293 the grant program for the purpose of deploying public
1294 infrastructure smart technology in rural communities. In
1295 accordance with the terms required by the office, the smart
1296 technology lead organization shall provide grants to counties
1297 and municipalities located within a rural area of opportunity
1298 for public infrastructure smart technology projects.
1299 (b) The office's contract with a smart technology lead
1300 organization must specify the contract deliverables, including
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1301 financial reports and other reports due the office, timeframes
1302 for achieving contractual obligations, and any other
1303 requirements the office determines are necessary. The contract
1304 must require the smart technology lead organization to do the
1305 following:
1306 1. Collaborate with counties and municipalities located in
1307 rural areas of opportunity to identify opportunities for local
1308 governments to institute cost-effective smart technology
1309 solutions for improving public services and infrastructure.
1310 2. Provide technical assistance to counties and
1311 municipalities located in rural areas of opportunity in
1312 developing plans for public infrastructure smart technology
1313 projects.
1314 3. Assist counties and municipalities located in rural
1315 areas of opportunity in connecting with other communities,
1316 companies, and other entities to leverage the impact of each
1317 public infrastructure smart technology project.
1318 (4) The office shall include in its annual report required
1319 by s. 288.013(6) a description of the projects funded under this
1320 section.
1321 Section 14. Subsections (1), (2), and (4) of section
1322 288.018, Florida Statutes, are amended to read:
1323 288.018 Regional Rural Development Grants Program.—
1324 (1)(a) For the purposes of this section, the term
1325 "regional economic development organization" means an economic
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1326 development organization located in or contracted to serve a
1327 rural area of opportunity, as defined in s. 288.0656 s.
1328 288.0656(2)(d).
1329 (b) Subject to appropriation, the Office of Rural
1330 Prosperity department shall establish a grant program to provide
1331 funding to regional economic development organizations for the
1332 purpose of building the professional capacity of those
1333 organizations. Building the professional capacity of a regional
1334 economic development organization includes hiring professional
1335 staff to develop, deliver, and provide needed economic
1336 development professional services, including technical
1337 assistance, education and leadership development, marketing, and
1338 project recruitment. Grants may also be used by a regional
1339 economic development organization to provide technical
1340 assistance to local governments, local economic development
1341 organizations, and existing and prospective businesses.
1342 (c) A regional economic development organization may apply
1343 annually to the office department for a grant. The office
1344 department is authorized to approve, on an annual basis, grants
1345 to such regional economic development organizations. The office
1346 may award a maximum amount of $50,000 in a year to maximum
1347 amount an organization may receive in any year will be $50,000,
1348 or $250,000 each to for any three regional economic development
1349 organizations that serve an entire region of a rural area of
1350 opportunity designated pursuant to s. 288.0656(7) if they are
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1351 recognized by the office department as serving such a region.
1352 (2) In approving the participants, the office department
1353 shall require the following:
1354 (a) Documentation of official commitments of support from
1355 each of the units of local government represented by the
1356 regional organization.
1357 (b) Demonstration that the organization is in existence
1358 and actively involved in economic development activities serving
1359 the region.
1360 (c) Demonstration of the manner in which the organization
1361 is or will coordinate its efforts with those of other local and
1362 state organizations.
1363 (4) Except as otherwise provided in the General
1364 Appropriations Act, the department may expend up to $750,000
1365 each fiscal year from funds appropriated to the Rural Community
1366 Development Revolving Loan Fund for the purposes outlined in
1367 this section.
1368 Section 15. Section 288.019, Florida Statutes, is amended
1369 to read:
1370 288.019 Rural considerations in grant review and
1371 evaluation processes; financial match waiver or reduction.—
1372 (1) Notwithstanding any other law, and to the fullest
1373 extent possible, each agency and organization the member
1374 agencies and organizations of the Rural Economic Development
1375 Initiative (REDI) as defined in s. 288.0656 s. 288.0656(6)(a)
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1376 shall review:
1377 (a) All grant and loan application evaluation criteria and
1378 scoring procedures to ensure the fullest access for rural
1379 communities counties as defined in s. 288.0656 s. 288.0656(2) to
1380 resources available throughout the state; and
1381 (b) The financial match requirements for projects in rural
1382 communities.
1383 (2)(1) Each REDI agency and organization shall consider
1384 the impact on and ability of rural communities to meet and be
1385 competitive under such criteria, scoring, and requirements. Upon
1386 review, each REDI agency and organization shall review all
1387 evaluation and scoring procedures and develop a proposal for
1388 modifications to those procedures which minimize the financial
1389 and resource impact to a rural community, including waiver or
1390 reduction of any required financial match requirements impact of
1391 a project within a rural area.
1392 (a)(2) Evaluation criteria and scoring procedures must
1393 provide for an appropriate ranking, when ranking is a component
1394 of the program, based on the proportionate impact that projects
1395 have on a rural area when compared with similar project impacts
1396 on an urban area. Additionally,
1397 (3) evaluation criteria and scoring procedures must
1398 recognize the disparity of available fiscal resources for an
1399 equal level of financial support from an urban county or
1400 municipality and a rural county or municipality.
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1401 (a) The evaluation criteria should weight contribution in
1402 proportion to the amount of funding available at the local
1403 level.
1404 (b) Match requirements must be waived or reduced for rural
1405 communities. When appropriate, an in-kind match must should be
1406 allowed and applied as a financial match when a rural community
1407 county is experiencing economic financial distress as defined in
1408 s. 288.0656 through elevated unemployment at a rate in excess of
1409 the state's average by 5 percentage points or because of the
1410 loss of its ad valorem base. Donations of land, though usually
1411 not recognized as an in-kind match, may be treated as such. As
1412 appropriate, each agency and organization that applies for or
1413 receives federal funding must request federal approval to waive
1414 or reduce the financial match requirements, if any, for projects
1415 in rural communities.
1416 (3)(4) For existing programs, The proposal modified
1417 evaluation criteria and scoring procedure must be submitted
1418 delivered to the Office of Rural Prosperity department for
1419 distribution to the REDI agencies and organizations. The REDI
1420 agencies and organizations shall review and make comments and
1421 recommendations that. Future rules, programs, evaluation
1422 criteria, and scoring processes must be brought before a REDI
1423 meeting for review, discussion, and recommendation to allow
1424 rural communities counties fuller access to the state's
1425 resources.
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1426 (4) Each REDI agency and organization shall ensure that
1427 related administrative rules or policies are modified, as
1428 necessary, to reflect the finalized proposal and that
1429 information about the authorized wavier or reduction is included
1430 in the online rural resource directory of the Office of Rural
1431 Prosperity required in s. 288.013(4)(d).
1432 (5) The rural liaison from the related regional district
1433 shall assist the rural community to make requests of waiver or
1434 reduction of match.
1435 Section 16. Subsection (3) is added to section 288.021,
1436 Florida Statutes, to read:
1437 288.021 Economic development liaison.—
1438 (3) When practicable, the staff member appointed as the
1439 economic development liaison shall also serve as the agency
1440 representative for the Rural Economic Development Initiative
1441 pursuant to s. 288.0656.
1442 Section 17. Section 288.065, Florida Statutes, is amended
1443 to read:
1444 288.065 Rural Community Development Revolving Loan Fund.—
1445 (1) The Rural Community Development Revolving Loan Fund
1446 Program is established within the Office of Rural Prosperity
1447 department to facilitate the use of existing federal, state, and
1448 local financial resources by providing local governments with
1449 financial assistance to further promote the economic viability
1450 of rural communities. These funds may be used to finance
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1451 initiatives directed toward maintaining or developing the
1452 economic base of rural communities, especially initiatives
1453 addressing employment opportunities for residents of these
1454 communities.
1455 (2)(a) The program shall provide for long-term loans, loan
1456 guarantees, and loan loss reserves to units of local
1457 governments, or economic development organizations substantially
1458 underwritten by a unit of local government.,
1459 (b) For purposes of this section, the term "unit of local
1460 government" means:
1461 1. A county within counties with a population populations
1462 of 75,000 or less. fewer, or within any
1463 2. A county with a population of 125,000 or less fewer
1464 which is contiguous to a county with a population of 75,000 or
1465 less. fewer
1466 3. A municipality within a county described in
1467 subparagraph 1. or subparagraph 2.
1468 4. A county or municipality within a rural area of
1469 opportunity.
1470
1471 For purposes of this paragraph, population is determined in
1472 accordance with the most recent official estimates pursuant to
1473 s. 186.901 and must include those residing in incorporated and
1474 unincorporated areas of a county, based on the most recent
1475 official population estimate as determined under s. 186.901,
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1476 including those residing in incorporated areas and those
1477 residing in unincorporated areas of the county, or to units of
1478 local government, or economic development organizations
1479 substantially underwritten by a unit of local government, within
1480 a rural area of opportunity.
1481 (c)(b) Requests for loans must shall be made by
1482 application to the office department. Loans must shall be made
1483 pursuant to agreements specifying the terms and conditions
1484 agreed to between the applicant and the office department. The
1485 loans are shall be the legal obligations of the applicant.
1486 (d)(c) All repayments of principal and interest shall be
1487 returned to the loan fund and made available for loans to other
1488 applicants. However, in a rural area of opportunity designated
1489 under s. 288.0656 by the Governor, and upon approval by the
1490 office department, repayments of principal and interest may be
1491 retained by the applicant if such repayments are dedicated and
1492 matched to fund regionally based economic development
1493 organizations representing the rural area of opportunity.
1494 (3) The office department shall manage the fund,
1495 establishing loan practices that must include, but are not
1496 limited to, procedures for establishing loan interest rates,
1497 uses of funding, application procedures, and application review
1498 procedures. The office has department shall have final approval
1499 authority for any loan under this section.
1500 (4) Notwithstanding the provisions of s. 216.301, funds
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1501 appropriated for this loan fund may purpose shall not be subject
1502 to reversion.
1503 (5) The office shall include in its annual report required
1504 under s. 288.013 detailed information about the fund, including
1505 loans made during the previous fiscal year, loans active, loans
1506 terminated or repaid, and the amount of funds not obligated as
1507 of 14 days before the date the report is due.
1508 Section 18. Subsections (1), (2), and (3) of section
1509 288.0655, Florida Statutes, are amended, and subsection (6) is
1510 added to that section, to read:
1511 288.0655 Rural Infrastructure Fund.—
1512 (1) There is created within the Office of Rural Prosperity
1513 department the Rural Infrastructure Fund to facilitate the
1514 planning, preparing, and financing of infrastructure projects in
1515 rural communities which will encourage job creation, capital
1516 investment, and the strengthening and diversification of rural
1517 economies by promoting tourism, trade, and economic development.
1518 (2)(a) Funds appropriated by the Legislature shall be
1519 distributed by the office department through grant programs that
1520 maximize the use of federal, local, and private resources,
1521 including, but not limited to, those available under the Small
1522 Cities Community Development Block Grant Program.
1523 (b) To facilitate access of rural communities and rural
1524 areas of opportunity as defined by the Rural Economic
1525 Development Initiative to infrastructure funding programs of the
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1526 Federal Government, such as those offered by the United States
1527 Department of Agriculture and the United States Department of
1528 Commerce, and state programs, including those offered by Rural
1529 Economic Development Initiative agencies, and to facilitate
1530 local government or private infrastructure funding efforts, the
1531 office department may award grants for up to 75 percent of the
1532 total infrastructure project cost, or up to 100 percent of the
1533 total infrastructure project cost for a project located in a
1534 rural community as defined in s. 288.0656(2) which is also
1535 located in a fiscally constrained county as defined in s.
1536 218.67(1) or a rural area of opportunity as defined in s.
1537 288.0656(2). Eligible uses of funds may include improving any
1538 inadequate infrastructure that has resulted in regulatory action
1539 that prohibits economic or community growth and reducing the
1540 costs to community users of proposed infrastructure improvements
1541 that exceed such costs in comparable communities. Eligible uses
1542 of funds include improvements to public infrastructure for
1543 industrial or commercial sites and upgrades to or development of
1544 public tourism infrastructure. Authorized infrastructure may
1545 include the following public or public-private partnership
1546 facilities: storm water systems; telecommunications facilities;
1547 roads or other remedies to transportation impediments; nature-
1548 based tourism facilities; or other physical requirements
1549 necessary to facilitate tourism, trade, and economic development
1550 activities in the community. Authorized infrastructure may also
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1551 include publicly or privately owned self-powered nature-based
1552 tourism facilities, publicly owned telecommunications
1553 facilities, and additions to the distribution facilities of the
1554 existing natural gas utility as defined in s. 366.04(3)(c), the
1555 existing electric utility as defined in s. 366.02, or the
1556 existing water or wastewater utility as defined in s.
1557 367.021(12), or any other existing water or wastewater facility,
1558 which owns a gas or electric distribution system or a water or
1559 wastewater system in this state when:
1560 1. A contribution-in-aid of construction is required to
1561 serve public or public-private partnership facilities under the
1562 tariffs of any natural gas, electric, water, or wastewater
1563 utility as defined herein; and
1564 2. Such utilities as defined herein are willing and able
1565 to provide such service.
1566 (c) The office department may award grants of up to
1567 $300,000 for infrastructure feasibility studies, design and
1568 engineering activities, or other infrastructure planning and
1569 preparation or site readiness activities. Site readiness
1570 expenses may include clearing title, surveys, permitting,
1571 environmental studies, and regulatory compliance costs. Grants
1572 awarded under this paragraph may be used in conjunction with
1573 grants awarded under paragraph (b). In evaluating applications
1574 under this paragraph, the office department shall consider the
1575 extent to which the application seeks to minimize administrative
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1576 and consultant expenses.
1577 (d) The office department shall participate in a
1578 memorandum of agreement with the United States Department of
1579 Agriculture under which state funds available through the Rural
1580 Infrastructure Fund may be advanced, in excess of the prescribed
1581 state share, for a project that has received from the United
1582 States Department of Agriculture a preliminary determination of
1583 eligibility for federal financial support. State funds in excess
1584 of the prescribed state share which are advanced pursuant to
1585 this paragraph and the memorandum of agreement shall be
1586 reimbursed when funds are awarded under an application for
1587 federal funding.
1588 (e) To enable local governments to access the resources
1589 available pursuant to s. 403.973(17), the office department may
1590 award grants for surveys, feasibility studies, and other
1591 activities related to the identification and preclearance review
1592 of land which is suitable for preclearance review. Authorized
1593 grants under this paragraph may not exceed $75,000 each, except
1594 in the case of a project in a rural area of opportunity, in
1595 which case the grant may not exceed $300,000. Any funds awarded
1596 under this paragraph must be matched at a level of 50 percent
1597 with local funds, except that any funds awarded for a project in
1598 a rural area of opportunity do not require a match of local
1599 funds. If an application for funding is for a catalyst site, as
1600 defined in s. 288.0656, the requirement for local match may be
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1601 waived pursuant to the process in s. 288.06561. In evaluating
1602 applications under this paragraph, the office department shall
1603 consider the extent to which the application seeks to minimize
1604 administrative and consultant expenses.
1605 (3) The office department, in consultation with the
1606 Department of Transportation Florida Tourism Industry Marketing
1607 Corporation, the Department of Environmental Protection, and the
1608 Florida Fish and Wildlife Conservation Commission, as
1609 appropriate, shall review and certify applications pursuant to
1610 s. 288.061. The review must include an evaluation of the
1611 economic benefit and long-term viability. The office has
1612 department shall have final approval for any grant under this
1613 section.
1614 (6) The office shall include in its annual report required
1615 under s. 288.013 detailed information about the fund, including
1616 grants made for the year, grants active, grants terminated or
1617 complete, and the amount of funds not obligated as of 14 days
1618 before the date the report is due.
1619 Section 19. Subsection (1), paragraphs (a), (b), and (e)
1620 of subsection (2), subsections (3) and (6), paragraph (c) of
1621 subsection (7), and subsection (8) of section 288.0656, Florida
1622 Statutes, are amended to read:
1623 288.0656 Rural Economic Development Initiative.—
1624 (1)(a) Recognizing that rural communities and regions
1625 continue to face extraordinary challenges in their efforts to
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1626 significantly improve their economies, specifically in terms of
1627 personal income, job creation, average wages, and strong tax
1628 bases, it is the intent of the Legislature to encourage and
1629 facilitate the location and expansion of major economic
1630 development projects of significant scale in such rural
1631 communities. The Legislature finds that rural communities are
1632 the essential conduits for the economy's distribution,
1633 manufacturing, and food supply.
1634 (b) The Rural Economic Development Initiative, known as
1635 "REDI," is created within the Office of Rural Prosperity
1636 department, and all the participation of state and regional
1637 agencies listed in paragraph (6)(a) shall participate in this
1638 initiative is authorized.
1639 (2) As used in this section, the term:
1640 (a) "Catalyst project" means a business locating or
1641 expanding in a rural area of opportunity to serve as an economic
1642 generator of regional significance for the growth of a regional
1643 target industry cluster. The project must provide capital
1644 investment on a scale significant enough to affect the entire
1645 region and result in the development of high-wage and high-skill
1646 jobs.
1647 (b) "Catalyst site" means a parcel or parcels of land
1648 within a rural area of opportunity that has been prioritized as
1649 a geographic site for economic development through partnerships
1650 with state, regional, and local organizations. The site must be
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1651 reviewed by REDI and approved by the department for the purposes
1652 of locating a catalyst project.
1653 (c)(e) "Rural community" means:
1654 1. A county with a population of 75,000 or less fewer.
1655 2. A county with a population of 125,000 or less fewer
1656 which is contiguous to a county with a population of 75,000 or
1657 less fewer.
1658 3. A municipality within a county described in
1659 subparagraph 1. or subparagraph 2.
1660 4. An unincorporated federal enterprise community or an
1661 incorporated rural city with a population of 25,000 or less
1662 fewer and an employment base focused on traditional agricultural
1663 or resource-based industries, located in a county not defined as
1664 rural, which has at least three or more of the economic distress
1665 factors identified in paragraph (a) paragraph (c) and verified
1666 by the department.
1667
1668 For purposes of this paragraph, population shall be determined
1669 in accordance with the most recent official estimate pursuant to
1670 s. 186.901.
1671 (3) REDI shall be responsible for coordinating and
1672 focusing the efforts and resources of state and regional
1673 agencies on the problems which affect the fiscal, economic, and
1674 community viability of Florida's economically distressed rural
1675 communities, working with local governments, community-based
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1676 organizations, and private organizations that have an interest
1677 in the growth and development of these communities to find ways
1678 to balance environmental and growth management issues with local
1679 needs.
1680 (6)(a) By August 1 of each year, the head of each of the
1681 following agencies and organizations shall designate a deputy
1682 secretary or higher-level staff person from within the agency or
1683 organization to serve as the REDI representative for the agency
1684 or organization:
1685 1. The Department of Transportation.
1686 2. The Department of Environmental Protection.
1687 3. The Department of Agriculture and Consumer Services.
1688 4. The Department of State.
1689 5. The Department of Health.
1690 6. The Department of Children and Families.
1691 7. The Department of Corrections.
1692 8. The Department of Education.
1693 9. The Department of Juvenile Justice.
1694 10. The Fish and Wildlife Conservation Commission.
1695 11. Each water management district.
1696 12. CareerSource Florida, Inc.
1697 13. VISIT Florida.
1698 14. The Florida Regional Planning Council Association.
1699 15. The Agency for Health Care Administration.
1700 16. The Institute of Food and Agricultural Sciences
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1701 (IFAS).
1702 (b) An alternate for each designee must shall also be
1703 chosen, who must also be a deputy secretary or higher-level
1704 staff person, and the names of the designees and alternates must
1705 shall be reported sent to the director of the Office of Rural
1706 Prosperity. At least one rural liaison from each regional rural
1707 community liaison center must participate in the REDI meetings
1708 Secretary of Commerce.
1709 (c) REDI shall meet at least each month, but may meet more
1710 often as necessary. Each REDI representative, or his or her
1711 designee, shall be physically present or available by means of
1712 electronic communication for each meeting.
1713 (d)(b) Each REDI representative must have comprehensive
1714 knowledge of his or her agency's functions, both regulatory and
1715 service in nature, and of the state's economic goals, policies,
1716 and programs. This person shall be the primary point of contact
1717 for his or her agency with REDI on issues and projects relating
1718 to economically distressed rural communities and with regard to
1719 expediting project review, shall ensure a prompt effective
1720 response to problems arising with regard to rural issues, and
1721 shall work closely with the other REDI representatives in the
1722 identification of opportunities for preferential awards of
1723 program funds, contractual or other agreement provisions which
1724 meet the requirements of s. 215.971, and allowances and waiver
1725 of program requirements when necessary to encourage and
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1726 facilitate long-term private capital investment and job
1727 creation.
1728 (e)(c) The REDI representatives shall work with REDI in
1729 the review and evaluation of statutes and rules for adverse
1730 impact on rural communities and the development of alternative
1731 proposals to mitigate that impact.
1732 (f)(d) Each REDI representative shall be responsible for
1733 ensuring that each district office or facility of his or her
1734 agency is informed quarterly about the Rural Economic
1735 Development Initiative and for providing assistance throughout
1736 the agency in the implementation of REDI activities.
1737 (7)
1738 (c) Each rural area of opportunity may designate catalyst
1739 projects, provided that each catalyst project is specifically
1740 recommended by REDI and confirmed as a catalyst project by the
1741 department. All state agencies and departments shall use all
1742 available tools and resources to the extent permissible by law
1743 to promote the creation and development of each catalyst project
1744 and the development of catalyst sites.
1745 (8) REDI shall submit a report to the Office of Rural
1746 Prosperity department on all REDI activities for the previous
1747 fiscal year as a supplement to the office's department's annual
1748 report required under s. 288.013 s. 20.60. This supplementary
1749 report must include:
1750 (a) A status report on every project all projects
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1751 currently being coordinated through REDI, the number of
1752 preferential awards and allowances made pursuant to this section
1753 in detail by award, allowance, or match type, the dollar amount
1754 of such awards, and the names of the recipients.
1755 (b) A description of all waivers of program requirements
1756 granted, including a list by program of each waiver that was
1757 granted. If waivers were requested but were not granted, a list
1758 of ungranted waivers, including reasons why the waivers were not
1759 granted, must be included.
1760 (c) Detailed information as to the economic impact of the
1761 projects coordinated by REDI.
1762 (d) Recommendations based on the review and evaluation of
1763 statutes and rules having an adverse impact on rural communities
1764 and proposals to mitigate such adverse impacts.
1765 (e) Legislative recommendations for statutory waivers or
1766 reductions of specified economic development program
1767 requirements, including financial match waivers or reductions,
1768 for applicants within rural areas of opportunity.
1769 (f) Outcomes of proposals submitted pursuant to s.
1770 288.019.
1771 Section 20. Section 288.06561, Florida Statutes, is
1772 repealed.
1773 Section 21. Subsections (2), (3), and (4) of section
1774 288.0657, Florida Statutes, are amended to read:
1775 288.0657 Florida rural economic development strategy
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1776 grants.—
1777 (2) The Office of Rural Prosperity shall provide
1778 department may accept and administer moneys appropriated to the
1779 department for providing grants to assist rural communities to
1780 develop and implement strategic economic development plans.
1781 Grants may be provided to assist with costs associated with
1782 marketing a site to business and site selectors for an economic
1783 development project that is part of an economic development
1784 plan, either as part of funding to develop and implement a plan
1785 or related to an already adopted plan.
1786 (3) A rural community, an economic development
1787 organization in a rural area, or a regional organization
1788 representing at least one rural community or such economic
1789 development organizations may apply for such grants. The rural
1790 liaison for the rural community shall assist those applying for
1791 such grants.
1792 (4) The office department shall establish criteria for
1793 reviewing grant applications. These criteria must shall include,
1794 but are not limited to, the degree of participation and
1795 commitment by the local community and the application's
1796 consistency with local comprehensive plans or the application's
1797 proposal to ensure such consistency. Grants for marketing may
1798 include funding for advertising campaign materials and costs
1799 associated with meetings, trade missions, and professional
1800 development affiliated with site preparation and marketing. The
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1801 office department shall review each application for a grant. The
1802 department may approve grants only to the extent that funds are
1803 appropriated for such grants by the Legislature.
1804 Section 22. Paragraph (f) of subsection (2) and paragraphs
1805 (a), (b), and (c) of subsection (4) of section 288.9961, Florida
1806 Statutes, are amended, and subsections (6) and (7) are added to
1807 that section, to read:
1808 288.9961 Promotion of broadband adoption; Florida Office
1809 of Broadband.—
1810 (2) DEFINITIONS.—As used in this section, the term:
1811 (f) "Underserved" means a geographic area of this state in
1812 which there is no provider of broadband Internet service that
1813 offers a connection to the Internet with a capacity for
1814 transmission at a consistent speed of at least 100 megabits per
1815 second downstream and at least 20 10 megabits per second
1816 upstream.
1817 (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of
1818 Broadband is created within the Division of Community
1819 Development in the department for the purpose of developing,
1820 marketing, and promoting broadband Internet services in this
1821 state. The office, in the performance of its duties, shall do
1822 all of the following:
1823 (a) Create a strategic plan that has goals and strategies
1824 for increasing and improving the availability of, access to, and
1825 use of broadband Internet service in this state. In development
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1826 of the plan, the department shall incorporate applicable federal
1827 broadband activities, including any efforts or initiatives of
1828 the Federal Communications Commission, to improve broadband
1829 Internet service in this state. The plan must identify available
1830 federal funding sources for the expansion or improvement of
1831 broadband. The strategic plan must be submitted to the Governor,
1832 the President of the Senate, and the Speaker of the House of
1833 Representatives by June 30, 2022. The strategic plan must be
1834 updated biennially thereafter. The plan must include a process
1835 to review and verify public input regarding transmission speeds
1836 and availability of broadband Internet service throughout this
1837 state. The office shall consult with each regional rural
1838 community liaison center within the Office of Rural Prosperity
1839 on the development and update of the plan.
1840 (b) Build and facilitate local technology planning teams
1841 or partnerships with members representing cross-sections of the
1842 community, which may include, but are not limited to,
1843 representatives from the following organizations and industries:
1844 libraries, K-12 education, colleges and universities, local
1845 health care providers, private businesses, community
1846 organizations, economic development organizations, local
1847 governments, tourism, parks and recreation, and agriculture. The
1848 local technology planning teams or partnerships shall work with
1849 rural communities to help the communities understand their
1850 current broadband availability, locate unserved and underserved
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1851 businesses and residents, identify assets relevant to broadband
1852 deployment, build partnerships with broadband service providers,
1853 and identify opportunities to leverage assets and reduce
1854 barriers to the deployment of broadband Internet services in the
1855 community. The teams or partnerships must be proactive in rural
1856 communities as defined in s. 288.0656 fiscally constrained
1857 counties in identifying and providing assistance, in
1858 coordination with the regional rural community liaison centers
1859 within the Office of Rural Prosperity, with applying for federal
1860 grants for broadband Internet service.
1861 (c) Provide technical and planning assistance to rural
1862 communities in coordination with the regional rural community
1863 liaison centers within the Office of Rural Prosperity.
1864 (6) The office shall submit to the Governor, the President
1865 of the Senate, and the Speaker of the House of Representatives a
1866 quarterly report detailing the implementation of broadband
1867 activities in rural, unserved, and underserved communities. Such
1868 information must be listed by county and include the amount of
1869 state and federal funds allocated and expended in the county by
1870 program; the progress toward deploying broadband in the county;
1871 any technical assistance provided; the activities of the local
1872 technology planning teams and partnerships; and the fulfillment
1873 of any other duties of the office required by this part.
1874 (7) By December 31 each year, the office shall submit to
1875 the Governor, the President of the Senate, and the Speaker of
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1876 the House of Representatives an annual report on the office's
1877 operations and accomplishments for that calendar year and the
1878 status of broadband Internet service access and use in this
1879 state. The report must also incorporate the quarterly reports on
1880 rural, unserved, and underserved communities required by
1881 subsection (6).
1882 Section 23. Section 290.06561, Florida Statutes, is
1883 repealed.
1884 Section 24. Paragraph (a) of subsection (5) of section
1885 319.32, Florida Statutes, is amended to read:
1886 319.32 Fees; service charges; disposition.—
1887 (5)(a) Forty-seven dollars of each fee collected, except
1888 for fees charged on a certificate of title for a motor vehicle
1889 for hire registered under s. 320.08(6), for each applicable
1890 original certificate of title and each applicable duplicate copy
1891 of a certificate of title shall be deposited as follows: into
1892 the State Transportation Trust Fund. Deposits to the State
1893 Transportation Trust Fund pursuant to this paragraph may not
1894 exceed $200 million in any fiscal year, and from any collections
1895 in excess of that amount during the fiscal year,
1896 1. The first $30 million collected shall be deposited into
1897 the Highway Safety Operating Trust Fund;, and
1898 2. Any remaining collections shall be paid into the State
1899 Transportation Trust General Revenue Fund.
1900 Section 25. Subsection (37) is added to section 334.044,
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1901 Florida Statutes, to read:
1902 334.044 Powers and duties of the department.—The
1903 department shall have the following general powers and duties:
1904 (37) To provide technical assistance and support from the
1905 appropriate district of the department to counties that are not
1906 located in a metropolitan planning organization created pursuant
1907 to s. 339.175.
1908 Section 26. Section 339.0801, Florida Statutes, is amended
1909 to read:
1910 339.0801 Allocation of increased revenues derived from
1911 amendments to s. 319.32(5)(a) by ch. 2012-128.—
1912 (1) The first $200 million of funds that result from
1913 increased revenues to the State Transportation Trust Fund
1914 derived from the amendments to s. 319.32(5)(a) made by s. 11,
1915 chapter 2012-128, Laws of Florida, this act must be used
1916 annually, first as set forth in paragraph (a) subsection (1) and
1917 then as set forth in paragraphs (b), (c), and (d) subsections
1918 (2)-(4), notwithstanding any other provision of law:
1919 (a)1.(1)(a) Beginning in the 2013-2014 fiscal year and
1920 annually for 30 years thereafter, $10 million shall be for the
1921 purpose of funding any seaport project identified in the adopted
1922 work program of the Department of Transportation, to be known as
1923 the Seaport Investment Program.
1924 2.(b) The revenues may be assigned, pledged, or set aside
1925 as a trust for the payment of principal or interest on revenue
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1926 bonds, or other forms of indebtedness issued by an individual
1927 port or appropriate local government having jurisdiction
1928 thereof, or collectively by interlocal agreement among any of
1929 the ports, or used to purchase credit support to permit such
1930 borrowings. Alternatively, revenue bonds shall be issued by the
1931 Division of Bond Finance at the request of the Department of
1932 Transportation under the State Bond Act and shall be secured by
1933 such revenues as are provided in this subsection.
1934 3.(c) Revenue bonds or other indebtedness issued hereunder
1935 are not a general obligation of the state and are secured solely
1936 by a first lien on the revenues distributed under this
1937 subsection.
1938 4.(d) The state covenants with holders of the revenue
1939 bonds or other instruments of indebtedness issued pursuant to
1940 this subsection that it will not repeal this subsection; nor
1941 take any other action, including but not limited to amending
1942 this subsection, that will materially and adversely affect the
1943 rights of such holders so long as revenue bonds or other
1944 indebtedness authorized by this subsection are outstanding.
1945 5.(e) The proceeds of any revenue bonds or other
1946 indebtedness, after payment of costs of issuance and
1947 establishment of any required reserves, shall be invested in
1948 projects approved by the Department of Transportation and
1949 included in the department's adopted work program, by amendment
1950 if necessary. As required under s. 11(f), Art. VII of the State
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1951 Constitution, the Legislature approves projects included in the
1952 department's adopted work program, including any projects added
1953 to the work program by amendment under s. 339.135(7).
1954 6.(f) Any revenues that are not used for the payment of
1955 bonds as authorized by this subsection may be used for purposes
1956 authorized under the Florida Seaport Transportation and Economic
1957 Development Program. This revenue source is in addition to any
1958 amounts provided for and appropriated in accordance with ss.
1959 311.07 and 320.20(3) and (4).
1960 (b)(2) Beginning in the 2013-2014 fiscal year and annually
1961 thereafter, $10 million shall be transferred to the
1962 Transportation Disadvantaged Trust Fund, to be used as specified
1963 in s. 427.0159.
1964 (c)(3) Beginning in the 2013-2014 fiscal year and annually
1965 thereafter, $10 million shall be allocated to the Small County
1966 Outreach Program to be used as specified in s. 339.2818. These
1967 funds are in addition to the funds provided for the program
1968 pursuant to s. 201.15(4)(a)2.
1969 (d)(4) After the distributions required pursuant to
1970 paragraphs (a), (b), and (c) subsections (1)-(3), the remaining
1971 funds shall be used annually for transportation projects within
1972 this state for existing or planned strategic transportation
1973 projects which connect major markets within this state or
1974 between this state and other states, which focus on job
1975 creation, and which increase this state's viability in the
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1976 national and global markets.
1977 (2) The remaining funds that result from increased revenue
1978 to the State Transportation Trust Fund derived pursuant to s.
1979 319.32(5)(a) must be used annually, notwithstanding any other
1980 law, beginning in the 2025-2026 fiscal year and annually
1981 thereafter, for the Small County Road Assistance Program as
1982 prescribed in s. 339.2816.
1983 (3)(5) Pursuant to s. 339.135(7), the department shall
1984 amend the work program to add the projects provided for in this
1985 section.
1986 Section 27. Subsection (3) and paragraph (a) of subsection
1987 (4) of section 339.2816, Florida Statutes, are amended, and
1988 paragraph (c) of subsection (4) of that section is reenacted, to
1989 read:
1990 339.2816 Small County Road Assistance Program.—
1991 (3) Beginning with fiscal year 1999-2000 until fiscal year
1992 2009-2010, and beginning again with fiscal year 2012-2013, up to
1993 $25 million annually from the State Transportation Trust Fund
1994 must may be used for the purposes of funding the Small County
1995 Road Assistance Program as described in this section. In
1996 addition, beginning with fiscal year 2025-2026, the department
1997 must use the additional revenues allocated by s. 339.0801 for
1998 the Small County Road Assistance Program.
1999 (4)(a) Small counties shall be eligible to compete for
2000 funds that have been designated for the Small County Road
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2001 Assistance Program for resurfacing or reconstruction projects on
2002 county roads that were part of the county road system on June
2003 10, 1995. Capacity improvements on county roads are shall not be
2004 eligible for funding under the program unless a safety issue
2005 exists or the department finds it necessary to widen existing
2006 lanes as part of a resurfacing or reconstruction project.
2007 (c) The following criteria must be used to prioritize road
2008 projects for funding under the program:
2009 1. The primary criterion is the physical condition of the
2010 road as measured by the department.
2011 2. As secondary criteria the department may consider:
2012 a. Whether a road is used as an evacuation route.
2013 b. Whether a road has high levels of agricultural travel.
2014 c. Whether a road is considered a major arterial route.
2015 d. Whether a road is considered a feeder road.
2016 e. Whether a road is located in a fiscally constrained
2017 county, as defined in s. 218.67(1).
2018 f. Other criteria related to the impact of a project on
2019 the public road system or on the state or local economy as
2020 determined by the department.
2021 Section 28. Subsections (1), (2), (3), (6), (7), and (8)
2022 of section 339.2818, Florida Statutes, are amended to read:
2023 339.2818 Small County Outreach Program.—
2024 (1) There is created within the department of
2025 Transportation the Small County Outreach Program. The purpose of
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2026 this program is to assist small county governments in repairing
2027 or rehabilitating county bridges, paving unpaved roads,
2028 addressing road-related drainage improvements, resurfacing or
2029 reconstructing county roads, or constructing capacity or safety
2030 improvements to county roads.
2031 (2) For the purposes of this section, the term "small
2032 county" means any county that has a population of 200,000 or
2033 less as determined by the most recent official population census
2034 determination estimate pursuant to s. 186.901.
2035 (3) Funds allocated under this program, pursuant to s. 4,
2036 ch. 2000-257, Laws of Florida, are in addition to any funds
2037 provided pursuant to s. 339.2816, for the Small County Road
2038 Assistance Program.
2039 (5)(6) Funds paid into the State Transportation Trust Fund
2040 pursuant to ss. 201.15, 320.072, and 339.0801 s. 201.15 for the
2041 purposes of the Small County Outreach Program are hereby
2042 annually appropriated for expenditure to support the Small
2043 County Outreach Program.
2044 (6)(7) Subject to a specific appropriation in addition to
2045 funds annually appropriated for projects under this section, a
2046 municipality within a rural area of opportunity or a rural area
2047 of opportunity community designated under s. 288.0656(7)(a) may
2048 compete for the additional project funding using the criteria
2049 listed in subsection (3) (4) at up to 100 percent of project
2050 costs, excluding capacity improvement projects.
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2051 (8) Subject to a specific appropriation in addition to
2052 funds appropriated for projects under this section, a local
2053 government either wholly or partially within the Everglades
2054 Agricultural Area as defined in s. 373.4592(15), the Peace River
2055 Basin, or the Suwannee River Basin may compete for additional
2056 funding using the criteria listed in paragraph (4)(c) at up to
2057 100 percent of project costs on state or county roads used
2058 primarily as farm-to-market connections between rural
2059 agricultural areas and market distribution centers, excluding
2060 capacity improvement projects.
2061 Section 29. Section 339.68 is amended to read:
2062 (Substantial rewording of section.
2063 See s. 339.68, F.S., for present text.)
2064 339.68 Florida Arterial Road Modernization Program.—
2065 (1) The Legislature finds that increasing demands continue
2066 to be placed on rural arterial roads in this state by a fast-
2067 growing economy, continued population growth, and increased
2068 tourism. Investment in the rural arterial roads of this state is
2069 needed to maintain the safety, mobility, reliability, and
2070 resiliency of the transportation system in order to support the
2071 movement of people, goods, and commodities; to enhance economic
2072 prosperity and competitiveness; and to enrich the quality of
2073 life of the rural communities and the environment of this state.
2074 (2) The Florida Arterial Road Modernization Program is
2075 created within the department to make capacity and safety
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2076 improvements to two-lane arterial roads located in rural
2077 communities. For purposes of this section, the term "rural
2078 community" has the same meaning as provided in s. 288.0656.
2079 (3) Beginning in the 2025-2026 fiscal year, the department
2080 shall allocate from the State Transportation Trust Fund a
2081 minimum of $50 million in each fiscal year for purposes of
2082 funding the program. This funding is in addition to any other
2083 funding provided to the program by any other law.
2084 (4) The department shall use the following criteria to
2085 prioritize projects for funding under the program:
2086 (a) Whether the road has documented safety concerns or
2087 requires additional safety and design improvements. This may be
2088 evidenced by the number of fatalities or crashes per vehicle
2089 mile traveled.
2090 (b) Whether the road has or is projected to have a
2091 significant amount of truck tractor traffic as determined by the
2092 department. For purposes of this paragraph, the term "truck
2093 tractor" has the same meaning as in s. 320.01(11).
2094 (c) Whether the road is used to transport agricultural
2095 products and commodities from the farm to the market or other
2096 sale or distribution point.
2097 (d) Whether the road is used to transport goods to or from
2098 warehouses, distribution centers, or intermodal logistics
2099 centers as defined in s. 311.101(2).
2100 (e) Whether the road is used as an evacuation route.
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2101 (f) Whether the physical condition of the road meets
2102 department standards.
2103 (g) Whether the road currently has, or is projected to
2104 have within the next 5 years, a level of service of D, E, or F.
2105 (h) Any other criteria related to the impact of a project
2106 on the public road system or on the state or local economy as
2107 determined by the department.
2108 (5) By January 1, 2027, and every 2 years thereafter, the
2109 department shall submit to the Governor, the President of the
2110 Senate, and the Speaker of the House of Representatives a report
2111 regarding the use and condition of arterial roads located in
2112 rural communities, which report must include the following:
2113 (a) A map of roads located in rural communities which are
2114 designated as arterial roads.
2115 (b) A needs assessment that must include, but is not
2116 limited to, consideration of infrastructure improvements to
2117 improve capacity on arterial roads in rural communities.
2118 (c) A synopsis of the department's project prioritization
2119 process.
2120 (d) An estimate of the local and state economic impact of
2121 improving capacity on arterial roads in rural communities.
2122 (e) A listing of the arterial roads and the associated
2123 improvements to be included in the program and a schedule or
2124 timeline for the inclusion of such projects in the work program.
2125 Section 30. (1) The Department of Transportation shall
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2126 allocate the additional funds provided by this act to implement
2127 the Small County Road Assistance Program as created by s.
2128 339.2816, Florida Statutes, and amend the current tentative work
2129 program for the 2025-2026 through 2031-2032 fiscal years to
2130 include additional projects. In addition, before adoption of the
2131 work program, the department shall submit a budget amendment
2132 pursuant to s. 339.135(7), Florida Statutes, requesting budget
2133 authority necessary to implement the additional projects.
2134 (2) The department shall allocate sufficient funds to
2135 implement the Florida Arterial Road Modernization Program,
2136 develop a plan to expend the revenues as specified in s. 339.68,
2137 Florida Statutes, and, before its adoption, amend the current
2138 tentative work program for the 2025-2026 through 2031-2032
2139 fiscal years to include the program's projects. In addition,
2140 before adoption of the work program, the department shall submit
2141 a budget amendment pursuant to s. 339.135(7), Florida Statutes,
2142 requesting budget authority necessary to implement the program
2143 as specified in s. 339.68, Florida Statutes.
2144 (3) Notwithstanding any other law, the increase in revenue
2145 to the State Transportation Trust Fund derived from the
2146 amendments to ss. 201.15 and 319.32, Florida Statutes, made by
2147 this act and deposited into the trust fund pursuant to ss.
2148 201.15 and 339.0801, Florida Statutes, shall be used by the
2149 department to fund the programs as specified in this section.
2150 Section 31. Section 381.403, Florida Statutes, is created
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2151 to read:
2152 381.403 Rural Access to Primary and Preventive Care Grant
2153 Program.—The Legislature recognizes that access to primary and
2154 preventive health care is critical for the well-being of the
2155 residents of this state. The Legislature also recognizes that
2156 many rural areas of this state have significantly fewer
2157 available physicians and autonomous advanced practice registered
2158 nurses who serve those areas. To increase the availability of
2159 health care in such underserved rural areas, there is created
2160 the Rural Access to Primary and Preventive Care Grant Program
2161 within the Department of Health to use grants to incentivize
2162 physicians and autonomous advanced practice registered nurses to
2163 open or expand practices in those areas.
2164 (1) As used in this section, the term:
2165 (a) "Autonomous advanced practice registered nurse" means
2166 an advanced practice registered nurse who is registered under s.
2167 464.0123 to engage in autonomous practice.
2168 (b) "Majority ownership" means ownership of more than 50
2169 percent of the interests in a private practice.
2170 (c) "Physician" means a physician licensed under chapter
2171 458 or chapter 459.
2172 (d) "Preventive care" means routine health care services
2173 designed to prevent illness. The term includes, but is not
2174 limited to, general physical examinations provided on an annual
2175 basis, screenings for acute or chronic illnesses, and patient
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2176 counseling to promote overall wellness and avoid the need for
2177 emergency services.
2178 (e) "Primary care" means health care services focused
2179 primarily on preventive care, wellness care, and treatment for
2180 common illnesses. The term may include the health care provider
2181 serving as a patient's entry point into the overall health care
2182 system and coordinating a patient's care among specialists or
2183 acute care settings. The term does not include elective services
2184 provided solely for cosmetic purposes.
2185 (f) "Program" means the Rural Access to Primary and
2186 Preventive Care Grant Program.
2187 (g) "Qualifying rural area" means a rural community as
2188 defined in s. 288.0657 in this state which is also designated as
2189 a health professional shortage area by the Health Resources and
2190 Services Administration of the United States Department of
2191 Health and Human Services.
2192 (2) The department shall award grants under the program to
2193 physicians and autonomous advanced practice registered nurses
2194 who intend to open a new private practice in a qualifying rural
2195 area or who intend to open a new location within a qualifying
2196 rural area if the current private practice is located in a
2197 different county. To qualify for a grant, an applicant must meet
2198 all of the following criteria:
2199 (a) The practice must:
2200 1. Have majority ownership by physicians or autonomous
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2201 advanced practice registered nurses. Majority ownership may
2202 include up to five physicians or autonomous advanced practice
2203 registered nurses in partnership.
2204 2. Be physically located in a qualifying rural area and
2205 serve at that location patients who live in that qualifying
2206 rural area or in other nearby qualifying rural areas. While the
2207 practice may use telehealth to supplement the services provided
2208 at the location, the majority of services provided by the
2209 practice must be provided at the physical location.
2210 3. Accept Medicaid patients.
2211 4. Provide services in one or more of the following
2212 specialties:
2213 a. If the practice has majority ownership by one or more
2214 autonomous advanced practice registered nurses, provide services
2215 solely in primary or preventive care.
2216 b. If the practice has majority ownership by one or more
2217 physicians, provide services in primary care, obstetrics,
2218 gynecology, general and family practice, geriatrics, internal
2219 medicine, pediatrics, or psychiatry.
2220 (b) The owners of the practice must commit to providing
2221 the following information to the department on an annual basis,
2222 and upon request by the department:
2223 1. Deidentified patient encounter data.
2224 2. A detailed report on the use of grant funds until such
2225 funds are expended.
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2226 (3) By March 1, 2026, the department shall create an
2227 application process for eligible physicians and autonomous
2228 advanced practice registered nurses to apply for grants under
2229 the program. The application must require a detailed budget of
2230 anticipated use of grant funds and how the new or existing
2231 practice will meet the requirements of subsection (2). The
2232 department shall establish a ranking system to determine which
2233 applicants will be awarded grants if there are more applicants
2234 for the program than can be awarded grants with available
2235 appropriated funds.
2236 (4) Subject to specific appropriation, the department may
2237 award grants of up to $250,000 to eligible applicants. Only one
2238 grant may be awarded per practice. Grant funds awarded for
2239 establishing a new private practice or a new practice location
2240 may be used for any of the following expenses:
2241 (a) Facility construction, acquisition, renovation, or
2242 lease.
2243 (b) Purchasing medical equipment.
2244 (c) Purchasing or implementing information technology
2245 equipment or services.
2246 (d) Purchasing or implementing telehealth technology.
2247 (e) Training on the use of medical equipment, information
2248 technology, or telehealth technology implemented under paragraph
2249 (b), paragraph (c), or paragraph (d), respectively.
2250 (5) Grant funds may not be used for any of the following:
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2251 (a) Salaries.
2252 (b) Utilities.
2253 (c) Internet or telecommunications services other than
2254 those necessary for implementing telehealth technology under
2255 paragraph (4)(d).
2256 (d) Insurance.
2257 (e) Incidental maintenance and repairs.
2258 (f) Disposable medical supplies.
2259 (g) Medicines or vaccines.
2260 (h) Licensing or certification fees, including costs for
2261 continuing education other than training under paragraph (4)(e).
2262 (6) The department shall enter into a contract with each
2263 grant recipient which details the requirements for the
2264 expenditure of grant funds for that recipient. The contract must
2265 include, at a minimum, all of the following:
2266 (a) The purpose of the contract.
2267 (b) Specific performance standards and responsibilities
2268 for the recipient under the contract, including penalties for
2269 not meeting such performance standards and responsibilities.
2270 (c) A detailed project or contract budget, if applicable.
2271 (d) Reporting requirements for grant recipients to provide
2272 information to the department under paragraph (2)(b) as well as
2273 any additional information the department deems necessary for
2274 the administration of the program.
2275 (7) The department may adopt rules to implement the
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2276 program.
2277 (8) Beginning July 1, 2026, and each year thereafter in
2278 which there are outstanding contracts with grant recipients
2279 under subsection (6), the department shall provide a report to
2280 the Governor, the President of the Senate, and the Speaker of
2281 the House of Representatives which includes, but need not be
2282 limited to, all of the following:
2283 (a) Each grant awarded, including the proposed uses for
2284 each grant.
2285 (b) The progress on each outstanding contract.
2286 (c) The number of patients residing in rural areas who
2287 were served by grant awardees.
2288 (d) The number of Medicaid recipients who were served by
2289 grant awardees.
2290 (e) The number and types of services provided during
2291 patient encounters in locations opened under the program.
2292 (f) The number of health care practitioners, delineated by
2293 licensure type, providing services in locations opened under the
2294 program.
2295 (9) This section is repealed July 1, 2035, unless reviewed
2296 and saved from repeal through reenactment by the Legislature.
2297 Section 32. Section 381.9856, Florida Statutes, is created
2298 to read:
2299 381.9856 Stroke, Cardiac, and Obstetric Response and
2300 Education Grant Program.—
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2301 (1) PROGRAM CREATION.—The Stroke, Cardiac, and Obstetric
2302 Response and Education (SCORE) Grant Program is created within
2303 the Department of Health.
2304 (2) PURPOSE.—The purpose of the program is to improve
2305 patient outcomes and the coordination of emergency medical care
2306 in rural communities by increasing access to high-quality
2307 stroke, cardiac, and obstetric care through the application of
2308 technology and innovative training, such as blended learning
2309 training programs. Blended learning training programs ensure
2310 that participants gain both the theoretical foundations of
2311 diagnosis and management as well as real-world clinical
2312 experience through scenario-based learning, ultimately enhancing
2313 decisionmaking and patient outcomes.
2314 (3) DEFINITIONS.—As used in this section, the term:
2315 (a) "Blended learning training program" means a structured
2316 educational model that uses blended learning methodologies,
2317 including simulation-based training, virtual reality, and
2318 distance learning technologies, in conjunction with hands-on
2319 instruction, such as simulation-based practice, and in-person
2320 skills sessions to provide comprehensive education.
2321 (b) "High-risk care provider" means a licensed health care
2322 facility or licensed ambulance service that regularly provides
2323 emergency or ongoing care to patients experiencing a stroke,
2324 heart attack, or pregnancy-related emergency.
2325 (c) "Rural community" has the same meaning as provided in
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2326 s. 288.0657.
2327 (4) GRANT PROGRAM REQUIREMENTS.—
2328 (a) The department shall award grants to high-risk care
2329 providers serving rural communities to accomplish at least one
2330 of the following initiatives:
2331 1. Implement a blended learning training program for
2332 health care providers in stroke care protocols and best
2333 practices.
2334 2. Purchase simulation equipment and technology for
2335 training.
2336 3. Establish telehealth capabilities between prehospital
2337 providers, such as paramedics or emergency medical technicians,
2338 and in-hospital providers, such as neurologists, to expedite
2339 emergency stroke care, emergency cardiac care, or emergency
2340 obstetric care.
2341 4. Develop quality improvement programs in one or more of
2342 the following specialty areas: emergency stroke care, emergency
2343 cardiac care, or emergency obstetric care.
2344 (b) Priority must be given to proposals that:
2345 1. Demonstrate collaboration between prehospital and in-
2346 hospital providers; or
2347 2. Show potential for significant improvement in patient
2348 outcomes in rural communities.
2349 (5) FUNDING LIMITS; REPORTING.—
2350 (a) Individual grants may not exceed $100,000 per year.
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2351 (b) Grant recipients must submit quarterly reports to the
2352 department documenting program activities, expenditures, and
2353 outcomes.
2354 (6) ADMINISTRATION.—The department shall monitor program
2355 implementation and outcomes. The department shall submit an
2356 annual report to the Governor, the President of the Senate, and
2357 the Speaker of the House of Representatives by December 1 of
2358 each year, detailing program implementation and outcomes.
2359 (7) RULEMAKING.—The department may adopt rules to
2360 implement this section.
2361 (8) IMPLEMENTATION.—This section may be implemented only
2362 to the extent specifically funded by legislative appropriation.
2363 (9) REPEAL.—This section is repealed July 1, 2030, unless
2364 reviewed and saved from repeal through reenactment by the
2365 Legislature.
2366 Section 33. Subsection (2) of section 395.6061, Florida
2367 Statutes, is amended to read:
2368 395.6061 Rural hospital capital improvement.—There is
2369 established a rural hospital capital improvement grant program.
2370 (2)(a) Each rural hospital as defined in s. 395.602 shall
2371 receive a minimum of $100,000 annually, subject to legislative
2372 appropriation, upon application to the Department of Health, for
2373 projects to acquire, repair, improve, or upgrade systems,
2374 facilities, or equipment. Such projects may include, but are not
2375 limited to, the following:
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2376 1. Establishing mobile care units to provide primary care
2377 services, behavioral health services, or obstetric and
2378 gynecological services in rural health professional shortage
2379 areas.
2380 2. Establishing telehealth kiosks to provide urgent care
2381 and primary care services remotely in rural health professional
2382 shortage areas.
2383 (b) As used in this subsection, the term:
2384 1. "Preventive care" means routine health care services
2385 designed to prevent illness. The term includes, but is not
2386 limited to, general physical examinations provided on an annual
2387 basis, screenings for acute or chronic illnesses, and patient
2388 counseling to promote overall wellness and avoid the need for
2389 emergency services.
2390 2. "Primary care" means health care services focused
2391 primarily on preventive care, wellness care, and treatment for
2392 common illnesses. The term may include the health care provider
2393 serving as a patient's entry point into the overall health care
2394 system and coordinating a patient's care among specialists or
2395 acute care settings. The term does not include elective services
2396 provided solely for cosmetic purposes.
2397 3. "Rural health professional shortage area" means a rural
2398 community as defined in s. 288.0657 which is also designated as
2399 a health professional shortage area by the Health Resources and
2400 Services Administration of the United States Department of
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2401 Health and Human Services.
2402 Section 34. Subsection (3) of section 420.9073, Florida
2403 Statutes, is amended to read:
2404 420.9073 Local housing distributions.—
2405 (3) Calculation of guaranteed amounts:
2406 (a) The guaranteed amount under subsection (1) shall be
2407 calculated for each state fiscal year by multiplying $1 million
2408 $350,000 by a fraction, the numerator of which is the amount of
2409 funds distributed to the Local Government Housing Trust Fund
2410 pursuant to s. 201.15(4)(c) and the denominator of which is the
2411 total amount of funds distributed to the Local Government
2412 Housing Trust Fund pursuant to s. 201.15.
2413 (b) The guaranteed amount under subsection (2) shall be
2414 calculated for each state fiscal year by multiplying $1 million
2415 $350,000 by a fraction, the numerator of which is the amount of
2416 funds distributed to the Local Government Housing Trust Fund
2417 pursuant to s. 201.15(4)(d) and the denominator of which is the
2418 total amount of funds distributed to the Local Government
2419 Housing Trust Fund pursuant to s. 201.15.
2420 Section 35. Paragraph (n) of subsection (5) of section
2421 420.9075, Florida Statutes, is amended, paragraph (o) is added
2422 to that subsection, and paragraph (b) of subsection (13) of that
2423 section is reenacted, to read:
2424 420.9075 Local housing assistance plans; partnerships.—
2425 (5) The following criteria apply to awards made to
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2426 eligible sponsors or eligible persons for the purpose of
2427 providing eligible housing:
2428 (n) Funds from the local housing distribution not used to
2429 meet the criteria established in paragraph (a), or paragraph
2430 (c), or paragraph (o), or not used for the administration of a
2431 local housing assistance plan must be used for housing
2432 production and finance activities, including, but not limited
2433 to, financing preconstruction activities or the purchase of
2434 existing units, providing rental housing, and providing home
2435 ownership training to prospective home buyers and owners of
2436 homes assisted through the local housing assistance plan.
2437 1. Notwithstanding the provisions of paragraphs (a) and
2438 (c), program income as defined in s. 420.9071(26) may also be
2439 used to fund activities described in this paragraph.
2440 2. When preconstruction due-diligence activities conducted
2441 as part of a preservation strategy show that preservation of the
2442 units is not feasible and will not result in the production of
2443 an eligible unit, such costs shall be deemed a program expense
2444 rather than an administrative expense if such program expenses
2445 do not exceed 3 percent of the annual local housing
2446 distribution.
2447 3. If both an award under the local housing assistance
2448 plan and federal low-income housing tax credits are used to
2449 assist a project and there is a conflict between the criteria
2450 prescribed in this subsection and the requirements of s. 42 of
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2451 the Internal Revenue Code of 1986, as amended, the county or
2452 eligible municipality may resolve the conflict by giving
2453 precedence to the requirements of s. 42 of the Internal Revenue
2454 Code of 1986, as amended, in lieu of following the criteria
2455 prescribed in this subsection with the exception of paragraphs
2456 (a) and (g) of this subsection.
2457 4. Each county and each eligible municipality may award
2458 funds as a grant for construction, rehabilitation, or repair as
2459 part of disaster recovery or emergency repairs or to remedy
2460 accessibility or health and safety deficiencies. Any other
2461 grants must be approved as part of the local housing assistance
2462 plan.
2463 (o) Notwithstanding paragraphs (a) and (c), up to 25
2464 percent of the funds made available in each county and eligible
2465 municipality from the local housing distribution may be used to
2466 preserve multifamily affordable rental housing funded through
2467 United States Department of Agriculture loans. These funds may
2468 be used to rehabilitate housing, extend affordability periods,
2469 or acquire or transfer properties in partnership with private
2470 organizations. This paragraph expires on June 30, 2031.
2471 (13)
2472 (b) If, as a result of its review of the annual report,
2473 the corporation determines that a county or eligible
2474 municipality has failed to implement a local housing incentive
2475 strategy, or, if applicable, a local housing incentive plan, it
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2476 shall send a notice of termination of the local government's
2477 share of the local housing distribution by certified mail to the
2478 affected county or eligible municipality.
2479 1. The notice must specify a date of termination of the
2480 funding if the affected county or eligible municipality does not
2481 implement the plan or strategy and provide for a local response.
2482 A county or eligible municipality shall respond to the
2483 corporation within 30 days after receipt of the notice of
2484 termination.
2485 2. The corporation shall consider the local response that
2486 extenuating circumstances precluded implementation and grant an
2487 extension to the timeframe for implementation. Such an extension
2488 shall be made in the form of an extension agreement that
2489 provides a timeframe for implementation. The chief elected
2490 official of a county or eligible municipality or his or her
2491 designee shall have the authority to enter into the agreement on
2492 behalf of the local government.
2493 3. If the county or the eligible municipality has not
2494 implemented the incentive strategy or entered into an extension
2495 agreement by the termination date specified in the notice, the
2496 local housing distribution share terminates, and any uncommitted
2497 local housing distribution funds held by the affected county or
2498 eligible municipality in its local housing assistance trust fund
2499 shall be transferred to the Local Government Housing Trust Fund
2500 to the credit of the corporation to administer.
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2501 4.a. If the affected local government fails to meet the
2502 timeframes specified in the agreement, the corporation shall
2503 terminate funds. The corporation shall send a notice of
2504 termination of the local government's share of the local housing
2505 distribution by certified mail to the affected local government.
2506 The notice shall specify the termination date, and any
2507 uncommitted funds held by the affected local government shall be
2508 transferred to the Local Government Housing Trust Fund to the
2509 credit of the corporation to administer.
2510 b. If the corporation terminates funds to a county, but an
2511 eligible municipality receiving a local housing distribution
2512 pursuant to an interlocal agreement maintains compliance with
2513 program requirements, the corporation shall thereafter
2514 distribute directly to the participating eligible municipality
2515 its share calculated in the manner provided in ss. 420.9072 and
2516 420.9073.
2517 c. Any county or eligible municipality whose local
2518 distribution share has been terminated may subsequently elect to
2519 receive directly its local distribution share by adopting the
2520 ordinance, resolution, and local housing assistance plan in the
2521 manner and according to the procedures provided in ss. 420.907-
2522 420.9079.
2523 Section 36. Subsections (1), (2), and (5) of section
2524 1001.451, Florida Statutes, are amended, and subsection (6) is
2525 added to that section, to read:
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2526 1001.451 Regional consortium service organizations.—In
2527 order to provide a full range of programs to larger numbers of
2528 students, minimize duplication of services, and encourage the
2529 development of new programs and services:
2530 (1) School districts with 20,000 or fewer unweighted full-
2531 time equivalent students, developmental research (laboratory)
2532 schools established pursuant to s. 1002.32, and the Florida
2533 School for the Deaf and the Blind may enter into cooperative
2534 agreements to form a regional consortium service organization.
2535 Each regional consortium service organization shall provide any
2536 of, at a minimum, three of the following services determined
2537 necessary and appropriate by the board of directors:
2538 (a) Exceptional student education;
2539 (b) Safe schools support teacher education centers;
2540 environmental education;
2541 (c) State and federal grant procurement and coordination;
2542 (d) Data services processing; health
2543 (e) Insurance services;
2544 (f) Risk management insurance;
2545 (g) Professional learning;
2546 (h) College, career, and workforce development;
2547 (i) Business and operational services staff development;
2548 (j) Purchasing; or
2549 (k) Planning and accountability.
2550 (2)(a) Each regional consortium service organization that
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2551 consists of four or more school districts is eligible to
2552 receive, through the Department of Education, subject to the
2553 funds provided in the General Appropriations Act, an allocation
2554 incentive grant of $150,000 $50,000 per school district and
2555 eligible member to be used for the delivery of services within
2556 the participating school districts. The determination of
2557 services and use of such funds must shall be established by the
2558 board of directors of the regional consortium service
2559 organization. The funds must shall be distributed to each
2560 regional consortium service organization no later than 30 days
2561 following the release of the funds to the department. Each
2562 regional consortium service organization shall submit an annual
2563 report to the department regarding the use of funds for
2564 consortia services. Unexpended amounts in any fund in a
2565 consortium's current year operating budget must be carried
2566 forward and included as the balance forward for that fund in the
2567 approved operating budget for the following year. Each regional
2568 consortium service organization shall provide quarterly
2569 financial reports to member districts.
2570 (b) Member districts shall designate a district that will
2571 serve as a fiscal agent for contractual and reporting purposes.
2572 Such fiscal agent district is entitled to reasonable
2573 compensation for accounting and other services performed. The
2574 regional consortium service organization shall retain all funds
2575 received from grants or contracted services to cover indirect or
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2576 administrative costs associated with the provision of such
2577 services. The regional consortium service organization board of
2578 directors shall determine the products and services to be
2579 provided by the consortium; however, in all contractual matters,
2580 the school board of the fiscal agent district shall act on
2581 proposed actions of the regional consortium service
2582 organization.
2583 (c) The regional consortium service organization board of
2584 directors shall recommend establishment of positions and
2585 individuals for appointment to the fiscal agent district.
2586 Personnel must be employed under the personnel policies of the
2587 fiscal agent district and are deemed to be public employees of
2588 the fiscal agent district. The regional consortium service
2589 organization board of directors may recommend a salary schedule
2590 and job descriptions specific to its personnel.
2591 (d) The regional consortium service organization may
2592 purchase or lease property and facilities essential for its
2593 operations and is responsible for their maintenance and
2594 associated overhead costs.
2595 (e) If a regional consortium service organization is
2596 dissolved, any revenue from the sale of assets must be
2597 distributed among the member districts as determined by the
2598 board of directors Application for incentive grants shall be
2599 made to the Commissioner of Education by July 30 of each year
2600 for distribution to qualifying regional consortium service
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2601 organizations by January 1 of the fiscal year.
2602 (5) The board of directors of a regional consortium
2603 service organization may use various means to generate revenue
2604 in support of its activities, including, but not limited to,
2605 contracting for services to nonmember districts. The board of
2606 directors may acquire, enjoy, use, and dispose of patents,
2607 copyrights, and trademarks and any licenses and associated other
2608 rights or interests thereunder or therein. Ownership of all such
2609 patents, copyrights, trademarks, licenses, and associated rights
2610 or interests thereunder or therein shall vest in the state, with
2611 the board of directors having full right of use and full right
2612 to retain associated the revenues derived therefrom. Any funds
2613 realized from contracted services, patents, copyrights,
2614 trademarks, or licenses are shall be considered internal funds
2615 as provided in s. 1011.07. A fund balance must be established
2616 for maintaining or expanding services, facilities maintenance,
2617 terminal pay, and other liabilities Such funds shall be used to
2618 support the organization's marketing and research and
2619 development activities in order to improve and increase services
2620 to its member districts.
2621 (6) A regional consortium service organization is
2622 authorized to administer the Regional Consortia Service
2623 Organization Supplemental Services Program under s. 1001.4511.
2624 Section 37. Section 1001.4511, Florida Statutes, is
2625 created to read:
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2626 1001.4511 Regional Consortia Service Organization
2627 Supplemental Services Program.—
2628 (1) There is created the Regional Consortia Service
2629 Organization Supplemental Services Program to increase the
2630 ability of regional consortium service organizations under s.
2631 1001.451 to provide programs and services to consortia members
2632 through cooperative agreements. Program funds may be used to
2633 supplement member needs related to transportation; district
2634 finance personnel services; property insurance; cybersecurity
2635 support; school safety; college, career, and workforce
2636 development; academic support; and behavior support within
2637 exceptional student education services.
2638 (2) Each regional consortium service organization shall
2639 annually report to the President of the Senate and the Speaker
2640 of the House of Representatives the distribution of funds,
2641 including members awarded and services provided.
2642 (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
2643 funds allocated for this purpose which are not disbursed by June
2644 30 of the fiscal year in which the funds are allocated may be
2645 carried forward for up to 5 years after the effective date of
2646 the original appropriation.
2647 Section 38. Section 1009.635, Florida Statutes, is created
2648 to read:
2649 1009.635 Rural Incentive for Professional Educators.—
2650 (1) ESTABLISHMENT.—The Rural Incentive for Professional
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2651 Educators (RIPE) Program is established within the Department of
2652 Education to support the recruitment and retention of qualified
2653 instructional personnel in rural communities. The program shall
2654 provide financial assistance for the repayment of student loans
2655 for eligible participants who establish permanent residency and
2656 employment in rural areas of opportunity.
2657 (2) ELIGIBILITY.—An individual is eligible to participate
2658 in the RIPE Program if he or she does all of the following:
2659 (a) Establishes permanent residency on or after July 1,
2660 2025, in a rural area of opportunity as designated pursuant to
2661 s. 288.0656. The address on an individual's state-issued
2662 identification card or driver license is evidence of residence.
2663 (b) Secures full-time employment as a teacher or
2664 administrator in a private school as defined in s. 1002.01, or
2665 as instructional or administrative personnel as those terms are
2666 defined in s. 1012.01(2) and (3), respectively, in the public
2667 school district located within the same rural area of
2668 opportunity as he or she resides.
2669 (c) Holds an associate degree, bachelor's degree,
2670 postgraduate degree, or certificate from an accredited
2671 institution earned before establishing residency.
2672 (d) Has an active student loan balance incurred for the
2673 completion of the qualifying degree or certificate.
2674 (3) LOAN REPAYMENT.—Eligible participants may receive up
2675 to $15,000 in total student loan repayment assistance over 5
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2676 years, disbursed in annual payments not to exceed $3,000 per
2677 year. Payments shall be made directly to the lender servicing
2678 the participant's student loan.
2679 (4) AWARD DISTRIBUTION.—Before disbursement of an award,
2680 the department shall verify that the participant:
2681 (a) Has maintained continuous employment with the school
2682 district in an instructional or administrative position;
2683 (b) Has received a rating of effective or highly effective
2684 pursuant to s. 1012.34; and
2685 (c) Has not been placed on probation, had his or her
2686 certificate suspended or revoked, or been placed on the
2687 disqualification list, pursuant to s. 1012.796.
2688 (5) ADMINISTRATION.—The program shall be administered by
2689 the Office of Student Financial Assistance within the Department
2690 of Education, which shall:
2691 (a) Develop application procedures requiring
2692 documentation, including proof of residency, verification of
2693 employment, official academic transcripts, and details of
2694 outstanding student loans.
2695 (b) Monitor compliance with program requirements.
2696 (6) RULEMAKING.—The State Board of Education shall adopt
2697 rules no later than January 31, 2026, to administer this
2698 section.
2699 Section 39. Subsection (3) of section 1013.62, Florida
2700 Statutes, is amended to read:
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2701 1013.62 Charter schools capital outlay funding.—
2702 (3) If the school board levies the discretionary millage
2703 authorized in s. 1011.71(2), the department must shall use the
2704 following calculation methodology to determine the amount of
2705 revenue that a school district must distribute to each eligible
2706 charter school:
2707 (a) Reduce the total discretionary millage revenue by the
2708 school district's annual debt service obligation incurred as of
2709 March 1, 2017, which has not been subsequently retired, and:
2710 1. Beginning in the 2025-2026 fiscal year, for any
2711 district with an active project or an outstanding participation
2712 requirement balance, any amount of participation requirement
2713 pursuant to s. 1013.64(2)(a)8. that is being satisfied by
2714 revenues raised by the discretionary millage; or
2715 2. For construction projects for which Special Facilities
2716 Construction Account funding is sought beginning in the 2025-
2717 2026 fiscal year, the value of 1 mill from the revenue generated
2718 pursuant to s. 1013.64(2)(a)8.b.
2719 (b) Divide the school district's adjusted discretionary
2720 millage revenue by the district's total capital outlay full-time
2721 equivalent membership and the total number of full-time
2722 equivalent students of each eligible charter school to determine
2723 a capital outlay allocation per full-time equivalent student.
2724 (c) Multiply the capital outlay allocation per full-time
2725 equivalent student by the total number of full-time equivalent
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2726 students of each eligible charter school to determine the
2727 capital outlay allocation for each charter school.
2728 (d) If applicable, reduce the capital outlay allocation
2729 identified in paragraph (c) by the total amount of state funds
2730 allocated to each eligible charter school in subsection (2) to
2731 determine the maximum calculated capital outlay allocation. The
2732 amount of funds a school district must distribute to charter
2733 schools shall be as follows:
2734 1. For fiscal year 2023-2024, the amount is 20 percent of
2735 the amount calculated under this paragraph.
2736 2. For fiscal year 2024-2025, the amount is 40 percent of
2737 the amount calculated under this paragraph.
2738 3. For fiscal year 2025-2026, the amount is 60 percent of
2739 the amount calculated under this paragraph.
2740 4. For fiscal year 2026-2027, the amount is 80 percent of
2741 the amount calculated under this paragraph.
2742 5. For fiscal year 2027-2028, and each fiscal year
2743 thereafter, the amount is 100 percent of the amount calculated
2744 under this paragraph.
2745 (e) School districts shall distribute capital outlay funds
2746 to eligible charter schools no later than February 1 of each
2747 year, as required by this subsection, based on the amount of
2748 funds received by the district school board. School districts
2749 shall distribute any remaining capital outlay funds, as required
2750 by this subsection, upon the receipt of such funds until the
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2751 total amount calculated pursuant to this subsection is
2752 distributed.
2753
2754 By October 1 of each year, each school district shall certify to
2755 the department the amount of debt service that and participation
2756 requirement that complies with the requirement of paragraph (a)
2757 and can be reduced from the total discretionary millage revenue.
2758 Each school district shall also certify the amount of the
2759 participation requirement that complies with paragraph (a), or
2760 certify the value of 1 mill from revenue generated pursuant to
2761 s. 1013.64(2)(a)8.b. that can be reduced from the total
2762 discretionary millage revenue, as applicable. The Auditor
2763 General shall verify compliance with the requirements of
2764 paragraph (a) and s. 1011.71(2)(e) during scheduled operational
2765 audits of school districts.
2766 Section 40. Paragraph (a) of subsection (2) of section
2767 1013.64, Florida Statutes, is amended to read:
2768 1013.64 Funds for comprehensive educational plant needs;
2769 construction cost maximums for school district capital
2770 projects.—Allocations from the Public Education Capital Outlay
2771 and Debt Service Trust Fund to the various boards for capital
2772 outlay projects shall be determined as follows:
2773 (2)(a) The department shall establish, as a part of the
2774 Public Education Capital Outlay and Debt Service Trust Fund, a
2775 separate account, in an amount determined by the Legislature, to
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2776 be known as the "Special Facility Construction Account." The
2777 Special Facility Construction Account shall be used to provide
2778 necessary construction funds to school districts which have
2779 urgent construction needs but which lack sufficient resources at
2780 present, and cannot reasonably anticipate sufficient resources
2781 within the period of the next 3 years, for these purposes from
2782 currently authorized sources of capital outlay revenue. A school
2783 district requesting funding from the Special Facility
2784 Construction Account shall submit one specific construction
2785 project, not to exceed one complete educational plant, to the
2786 Special Facility Construction Committee. A district may not
2787 receive funding for more than one approved project in any 3-year
2788 period or while any portion of the district's participation
2789 requirement is outstanding. The first year of the 3-year period
2790 shall be the first year a district receives an appropriation.
2791 The department shall encourage a construction program that
2792 reduces the average size of schools in the district. The request
2793 must meet the following criteria to be considered by the
2794 committee:
2795 1. The project must be deemed a critical need and must be
2796 recommended for funding by the Special Facility Construction
2797 Committee. Before developing construction plans for the proposed
2798 facility, the district school board must request a
2799 preapplication review by the Special Facility Construction
2800 Committee or a project review subcommittee convened by the chair
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2801 of the committee to include two representatives of the
2802 department and two staff members from school districts not
2803 eligible to participate in the program. A school district may
2804 request a preapplication review at any time; however, if the
2805 district school board seeks inclusion in the department's next
2806 annual capital outlay legislative budget request, the
2807 preapplication review request must be made before February 1.
2808 Within 90 days after receiving the preapplication review
2809 request, the committee or subcommittee must meet in the school
2810 district to review the project proposal and existing facilities.
2811 To determine whether the proposed project is a critical need,
2812 the committee or subcommittee shall consider, at a minimum, the
2813 capacity of all existing facilities within the district as
2814 determined by the Florida Inventory of School Houses; the
2815 district's pattern of student growth; the district's existing
2816 and projected capital outlay full-time equivalent student
2817 enrollment as determined by the demographic, revenue, and
2818 education estimating conferences established in s. 216.136; the
2819 district's existing satisfactory student stations; the use of
2820 all existing district property and facilities; grade level
2821 configurations; and any other information that may affect the
2822 need for the proposed project.
2823 2. The construction project must be recommended in the
2824 most recent survey or survey amendment cooperatively prepared by
2825 the district and the department, and approved by the department
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2826 under the rules of the State Board of Education. If a district
2827 employs a consultant in the preparation of a survey or survey
2828 amendment, the consultant may not be employed by or receive
2829 compensation from a third party that designs or constructs a
2830 project recommended by the survey.
2831 3. The construction project must appear on the district's
2832 approved project priority list under the rules of the State
2833 Board of Education.
2834 4. The district must have selected and had approved a site
2835 for the construction project in compliance with s. 1013.36 and
2836 the rules of the State Board of Education.
2837 5. The district shall have developed a district school
2838 board adopted list of facilities that do not exceed the norm for
2839 net square feet occupancy requirements under the State
2840 Requirements for Educational Facilities, using all possible
2841 programmatic combinations for multiple use of space to obtain
2842 maximum daily use of all spaces within the facility under
2843 consideration.
2844 6. Upon construction, the total cost per student station,
2845 including change orders, must not exceed the cost per student
2846 station as provided in subsection (6) unless approved by the
2847 Special Facility Construction Committee. At the discretion of
2848 the committee, costs that exceed the cost per student station
2849 for special facilities may include legal and administrative
2850 fees, the cost of site improvements or related offsite
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2851 improvements, the cost of complying with public shelter and
2852 hurricane hardening requirements, cost overruns created by a
2853 disaster as defined in s. 252.34(2), costs of security
2854 enhancements approved by the school safety specialist, and
2855 unforeseeable circumstances beyond the district's control.
2856 7. There shall be an agreement signed by the district
2857 school board stating that it will advertise for bids within 30
2858 days of receipt of its encumbrance authorization from the
2859 department.
2860 8.a.(I) For construction projects for which Special
2861 Facilities Construction Account funding is sought before the
2862 2019-2020 fiscal year, the district shall, at the time of the
2863 request and for a continuing period necessary to meet the
2864 district's participation requirement, levy the maximum millage
2865 against its nonexempt assessed property value as allowed in s.
2866 1011.71(2) or shall raise an equivalent amount of revenue from
2867 the school capital outlay surtax authorized under s. 212.055(6).
2868 (II) Beginning with construction projects for which
2869 Special Facilities Construction Account funding is sought in the
2870 2019-2020 fiscal year, the district shall, for a minimum of 3
2871 years before submitting the request and for a continuing period
2872 necessary to meet its participation requirement, levy the
2873 maximum millage against the district's nonexempt assessed
2874 property value as authorized under s. 1011.71(2) or shall raise
2875 an equivalent amount of revenue from the school capital outlay
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2876 surtax authorized under s. 212.055(6).
2877 (III) Beginning with the 2025-2026 fiscal year, any
2878 district with an a new or active project or an outstanding
2879 participation requirement balance, funded under the provisions
2880 of this subsection, shall be required to budget no more than the
2881 value of 1 mill per year to the project until the district's
2882 participation requirement relating to the local discretionary
2883 capital improvement millage or the equivalent amount of revenue
2884 from the school capital outlay surtax is satisfied.
2885 b. For construction projects for which Special Facilities
2886 Construction Account funding is sought beginning in the 2025-
2887 2026 fiscal year, the district shall, for a minimum of 3 years
2888 before submitting the request and for the initial year of the
2889 appropriation and the 2 years following the initial
2890 appropriation, levy the maximum millage against the district's
2891 nonexempt assessed property value as authorized under s.
2892 1011.71(2) or shall raise an equivalent amount of revenue from
2893 the school capital outlay surtax authorized under s. 212.055(6).
2894 The district is not required to budget the funds toward the
2895 project, but must use the funds as authorized pursuant to s.
2896 1011.71 or s. 212.055(6), as applicable.
2897 9. If a contract has not been signed 90 days after the
2898 advertising of bids, the funding for the specific project must
2899 shall revert to the Special Facility New Construction Account to
2900 be reallocated to other projects on the list. However, an
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2901 additional 90 days may be granted by the commissioner.
2902 10. The department shall certify the inability of the
2903 district to fund the survey-recommended project over a
2904 continuous 3-year period using projected capital outlay revenue
2905 derived from s. 9(d), Art. XII of the State Constitution, as
2906 amended, paragraph (3)(a) of this section, and s. 1011.71(2).
2907 11.a. For projects funded before the 2025-2026 fiscal
2908 year, the district shall have on file with the department an
2909 adopted resolution acknowledging its commitment to satisfy its
2910 participation requirement, which is equivalent to all
2911 unencumbered and future revenue acquired from s. 9(d), Art. XII
2912 of the State Constitution, as amended, paragraph (3)(a) of this
2913 section, and s. 1011.71(2), in the year of the initial
2914 appropriation and for the 2 years immediately following the
2915 initial appropriation.
2916 b. For projects funded during the 2025-2026 fiscal year,
2917 and thereafter, the district shall have on file with the
2918 department an adopted resolution acknowledging its commitment to
2919 comply with the requirements of this paragraph.
2920 12. Phase I plans must be approved by the district school
2921 board as being in compliance with the building and life safety
2922 codes before June 1 of the year the application is made.
2923 Section 41. For the 2025-2026 fiscal year, the sum of $1
2924 million in recurring funds from the General Revenue Fund is
2925 appropriated to the Florida Small Business Development Center
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2926 Network under s. 288.001, Florida Statutes, to expand services
2927 in rural communities. The funds shall be allocated to the Office
2928 of Rural Prosperity budget entity within the Department of
2929 Commerce in the Special Categories–SBDCN Rural Services specific
2930 appropriation category.
2931 Section 42. (1) For the 2025-2026 fiscal year, the sums
2932 of $1,827,591 in recurring funds and $652,327 in nonrecurring
2933 funds are appropriated from the General Revenue Fund to the
2934 Department of Commerce.
2935 (2) The recurring general revenue funds shall be allocated
2936 to the Office of Rural Prosperity budget entity in the following
2937 specific appropriations categories: $1,585,823 in Salaries and
2938 Benefits, $175,961 in Expenses, $50,000 in Contracted Services,
2939 $10,000 in Operating Capital Outlay, and $5,807 in Transfer to
2940 the Department of Management Services/Statewide Human Resources
2941 Contract.
2942 (3) The nonrecurring general revenue funds shall be
2943 allocated to the Office of Rural Prosperity budget entity in the
2944 following specific appropriations categories: $92,327 in
2945 Expenses and $560,000 in Acquisition of Motor Vehicles.
2946 (4) The Department of Commerce is authorized to establish
2947 17.00 full-time equivalent positions with associated salary rate
2948 of 1,060,000 in the Office of Rural Prosperity for the purpose
2949 of implementing this act. The following specific positions,
2950 classifications, and pay plans are authorized: 1.00 Director of
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2951 General Operation, Class Code 9327, Pay Grade 940; 15.00
2952 Government Analyst II, Class Code 2225, Pay Grade 026; and 1.00
2953 Administrative Assistant II, Class Code 0712, Pay Grade 018.
2954 Section 43. For the 2025-2026 fiscal year, the recurring
2955 sum of $8 million from the General Revenue Fund is appropriated
2956 to the Office of Rural Prosperity within the Department of
2957 Commerce to implement the Renaissance Grants Program created by
2958 s. 288.014, Florida Statutes. No funds may be used by the state
2959 for administrative costs.
2960 Section 44. For the 2025-2026 fiscal year, the recurring
2961 sum of $500,000 from the Grants and Donations Trust Fund is
2962 appropriated to the Office of Rural Prosperity within the
2963 Department of Commerce to implement the Public Infrastructure
2964 Smart Technology Grant Program created by s. 288.0175, Florida
2965 Statutes.
2966 Section 45. For the 2025-2026 fiscal year, the sums of $4
2967 million in nonrecurring funds and $1 million in recurring funds
2968 from the General Revenue Fund are appropriated to the Office of
2969 Rural Prosperity within the Department of Commerce to implement
2970 the Rural Community Development Revolving Loan Fund under s.
2971 288.065, Florida Statutes, as amended by this act.
2972 Section 46. For the 2025-2026 fiscal year, the sums of $40
2973 million in nonrecurring funds and $5 million in recurring funds
2974 from the General Revenue Fund are appropriated to the Office of
2975 Rural Prosperity within the Department of Commerce to implement
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2976 the Rural Infrastructure Fund under s. 288.0655, Florida
2977 Statutes, as amended by this act.
2978 Section 47. For the 2025-2026 fiscal year, the sum of
2979 $250,000 in recurring funds from the Grants and Donations Trust
2980 Fund is appropriated to the Office of Rural Prosperity within
2981 the Department of Commerce to implement s. 288.0657, Florida
2982 Statutes, as amended by this act.
2983 Section 48. For the 2025-2026 fiscal year, the sum of $30
2984 million in nonrecurring funds from the General Revenue Fund is
2985 appropriated to the Florida Housing Finance Corporation to be
2986 used to preserve affordable multifamily rental housing in rural
2987 communities funded through United States Department of
2988 Agriculture loans. The funds provided in this appropriation
2989 shall be used to issue competitive requests for application for
2990 the rehabilitation or acquisition of such properties to ensure
2991 continued affordability. By October 1, 2026, the Florida Housing
2992 Finance Corporation shall submit a report to the President of
2993 the Senate and the Speaker of the House of Representatives on
2994 projects funded pursuant to this section, which report must
2995 include the number of units preserved and the financing
2996 portfolio for each project.
2997 Section 49. For the 2025-2026 fiscal year, the sum of $25
2998 million in nonrecurring funds from the General Revenue Fund is
2999 appropriated to the Department of Health for the purpose of
3000 implementing the Rural Access to Primary and Preventive Care
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3001 Grant Program created under s. 381.403, Florida Statutes. Grant
3002 funds shall be awarded over a 5-year period. Notwithstanding s.
3003 216.301, Florida Statutes, and pursuant to s. 216.351, Florida
3004 Statutes, the unexpended balance of funds appropriated pursuant
3005 to this section which is not disbursed by June 30 of the fiscal
3006 year in which funds are appropriated may be carried forward
3007 through the 2033-2034 fiscal year.
3008 Section 50. For the 2025-2026 fiscal year, the sum of $5
3009 million in nonrecurring funds from the General Revenue Fund is
3010 appropriated to the Department of Health for the purpose of
3011 implementing the Stroke, Cardiac, and Obstetric Response and
3012 Education Grant Program under s. 381.9856, Florida Statutes.
3013 Notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
3014 216.351, Florida Statutes, the unexpended balance of funds
3015 appropriated pursuant to this section which is not disbursed by
3016 June 30 of the fiscal year in which funds are appropriated may
3017 be carried forward through the 2029-2030 fiscal year.
3018 Section 51. For the 2025-2026 fiscal year, the sum of $25
3019 million in nonrecurring funds from the General Revenue Fund is
3020 appropriated in fixed capital outlay to the Department of Health
3021 for the purpose of implementing the rural hospital capital
3022 improvement grant program under s. 395.6061, Florida Statutes.
3023 Section 52. For the 2025-2026 fiscal year, the sums of
3024 $1,499,261 in recurring funds from the General Revenue Fund and
3025 $1,933,112 in recurring funds from the Medical Care Trust Fund
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3026 are appropriated to the Agency for Health Care Administration to
3027 establish a Diagnosis-Related Grouping (DRG) reimbursement
3028 methodology for critical access hospitals, as defined in s.
3029 408.07, Florida Statutes, for the purpose of providing inpatient
3030 reimbursement to such a hospital in amounts comparable to the
3031 reimbursement the hospital would receive for inpatient services
3032 from the federal Medicare program. The 2025-2026 fiscal year
3033 General Appropriations Act shall establish the DRG reimbursement
3034 methodology for critical access hospital inpatient services as
3035 directed in s. 409.905(5)(c), Florida Statutes.
3036 Section 53. For the 2025-2026 fiscal year, the sums of
3037 $4,840,182 in recurring funds from the General Revenue Fund and
3038 $6,240,820 in recurring funds from the Medical Care Trust Fund
3039 are appropriated to the Agency for Health Care Administration to
3040 establish an Enhanced Ambulatory Patient Grouping (EAPG)
3041 reimbursement methodology for critical access hospitals, as
3042 defined in s. 408.07, Florida Statutes, for the purpose of
3043 providing outpatient reimbursement to such a hospital in amounts
3044 comparable to the reimbursement the hospital would receive for
3045 outpatient services from the federal Medicare program. The 2025-
3046 2026 fiscal year General Appropriations Act shall establish the
3047 EAPG reimbursement methodology for critical access hospital
3048 outpatient services as directed in s. 409.905(6)(b), Florida
3049 Statutes.
3050 Section 54. For the 2025-2026 fiscal year, the sum of $3.6
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3051 million in recurring funds from the General Revenue Fund is
3052 appropriated to the Department of Education to implement s.
3053 1001.451, Florida Statutes, as amended by this act.
3054 Section 55. For the 2025-2026 fiscal year, the sum of $25
3055 million in recurring funds is appropriated from the General
3056 Revenue Fund to the Department of Education to be distributed to
3057 regional consortium service organizations under s. 1001.451,
3058 Florida Statutes, in order to provide funds pursuant to s.
3059 1001.4511, Florida Statutes. These funds shall be allocated as
3060 follows: $5,555,149 to the Heartland Educational Consortium;
3061 $11,912,923 to the North East Florida Educational Consortium;
3062 and $7,531,928 to the Panhandle Area Educational Consortium. The
3063 funds must be distributed to each regional consortium service
3064 organization no later than 30 days following the release of the
3065 funds to the department.
3066 Section 56. For the 2025-2026 fiscal year, the sum of $7
3067 million in recurring funds from the General Revenue Fund is
3068 appropriated to the Department of Education to implement the
3069 Rural Incentive for Professional Educators (RIPE) Program, s.
3070 1009.635, Florida Statutes, as created by this act.
3071 Section 57. Subsection (3) of section 163.3187, Florida
3072 Statutes, is amended to read:
3073 163.3187 Process for adoption of small scale comprehensive
3074 plan amendment.—
3075 (3) If the small scale development amendment involves a
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3076 site within a rural area of opportunity as defined under s.
3077 288.0656 s. 288.0656(2)(d) for the duration of such designation,
3078 the acreage limit listed in subsection (1) shall be increased by
3079 100 percent. The local government approving the small scale plan
3080 amendment shall certify to the state land planning agency that
3081 the plan amendment furthers the economic objectives set forth in
3082 the executive order issued under s. 288.0656(7), and the
3083 property subject to the plan amendment shall undergo public
3084 review to ensure that all concurrency requirements and federal,
3085 state, and local environmental permit requirements are met.
3086 Section 58. Section 212.205, Florida Statutes, is amended
3087 to read:
3088 212.205 Sales tax distribution reporting.—By March 15 of
3089 each year, each person who received a distribution pursuant to
3090 s. 212.20(6)(d)7.b. and c. s. 212.20(6)(d)6.b. and c. in the
3091 preceding calendar year shall report to the Office of Economic
3092 and Demographic Research the following information:
3093 (1) An itemized accounting of all expenditures of the
3094 funds distributed in the preceding calendar year, including
3095 amounts spent on debt service.
3096 (2) A statement indicating what portion of the distributed
3097 funds have been pledged for debt service.
3098 (3) The original principal amount and current debt service
3099 schedule of any bonds or other borrowing for which the
3100 distributed funds have been pledged for debt service.
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3101 Section 59. Section 257.191, Florida Statutes, is amended
3102 to read:
3103 257.191 Construction grants.—The Division of Library and
3104 Information Services may accept and administer library
3105 construction moneys appropriated to it and shall allocate such
3106 appropriation to municipal, county, and regional libraries in
3107 the form of library construction grants on a matching basis. The
3108 local matching portion shall be no less than the grant amount,
3109 on a dollar-for-dollar basis, up to the maximum grant amount,
3110 unless the matching requirement is waived pursuant to s. 288.019
3111 by s. 288.06561. Initiation of a library construction project 12
3112 months or less prior to the grant award under this section does
3113 shall not affect the eligibility of an applicant to receive a
3114 library construction grant. The division shall adopt rules for
3115 the administration of library construction grants. For the
3116 purposes of this section, s. 257.21 does not apply.
3117 Section 60. Subsection (2) of section 257.193, Florida
3118 Statutes, is amended to read:
3119 257.193 Community Libraries in Caring Program.—
3120 (2) The purpose of the Community Libraries in Caring
3121 Program is to assist libraries in rural communities, as defined
3122 in s. 288.0656(2) and subject to the provisions of s. 288.019 s.
3123 288.06561, to strengthen their collections and services, improve
3124 literacy in their communities, and improve the economic
3125 viability of their communities.
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3126 Section 61. Subsection (17) of section 265.283, Florida
3127 Statutes, is amended to read:
3128 265.283 Definitions.—The following definitions shall apply
3129 to ss. 265.281-265.703:
3130 (17) "Underserved arts community assistance program
3131 grants" means grants used by qualified organizations under the
3132 Rural Economic Development Initiative, pursuant to s. 288.0656
3133 and subject to the provisions of s. 288.019 ss. 288.0656 and
3134 288.06561, for the purpose of economic and organizational
3135 development for underserved cultural organizations.
3136 Section 62. Paragraphs (a) and (d) of subsection (3) of
3137 section 288.11621, Florida Statutes, are amended to read:
3138 288.11621 Spring training baseball franchises.—
3139 (3) USE OF FUNDS.—
3140 (a) A certified applicant may use funds provided under s.
3141 212.20(6)(d)7.b. s. 212.20(6)(d)6.b. only to:
3142 1. Serve the public purpose of acquiring, constructing,
3143 reconstructing, or renovating a facility for a spring training
3144 franchise.
3145 2. Pay or pledge for the payment of debt service on, or to
3146 fund debt service reserve funds, arbitrage rebate obligations,
3147 or other amounts payable with respect thereto, bonds issued for
3148 the acquisition, construction, reconstruction, or renovation of
3149 such facility, or for the reimbursement of such costs or the
3150 refinancing of bonds issued for such purposes.
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3151 3. Assist in the relocation of a spring training franchise
3152 from one unit of local government to another only if the
3153 governing board of the current host local government by a
3154 majority vote agrees to relocation.
3155 (d)1. All certified applicants must place unexpended state
3156 funds received pursuant to s. 212.20(6)(d)7.b. s.
3157 212.20(6)(d)6.b. in a trust fund or separate account for use
3158 only as authorized in this section.
3159 2. A certified applicant may request that the Department
3160 of Revenue suspend further distributions of state funds made
3161 available under s. 212.20(6)(d)7.b. s. 212.20(6)(d)6.b. for 12
3162 months after expiration of an existing agreement with a spring
3163 training franchise to provide the certified applicant with an
3164 opportunity to enter into a new agreement with a spring training
3165 franchise, at which time the distributions shall resume.
3166 3. The expenditure of state funds distributed to an
3167 applicant certified before July 1, 2010, must begin within 48
3168 months after the initial receipt of the state funds. In
3169 addition, the construction of, or capital improvements to, a
3170 spring training facility must be completed within 24 months
3171 after the project's commencement.
3172 Section 63. Paragraph (c) of subsection (2) and paragraphs
3173 (a), (c), and (d) of subsection (3) of section 288.11631,
3174 Florida Statutes, are amended to read:
3175 288.11631 Retention of Major League Baseball spring
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3176 training baseball franchises.—
3177 (2) CERTIFICATION PROCESS.—
3178 (c) Each applicant certified on or after July 1, 2013,
3179 shall enter into an agreement with the department which:
3180 1. Specifies the amount of the state incentive funding to
3181 be distributed. The amount of state incentive funding per
3182 certified applicant may not exceed $20 million. However, if a
3183 certified applicant's facility is used by more than one spring
3184 training franchise, the maximum amount may not exceed $50
3185 million, and the Department of Revenue shall make distributions
3186 to the applicant pursuant to s. 212.20(6)(d)7.c. s.
3187 212.20(6)(d)6.c.
3188 2. States the criteria that the certified applicant must
3189 meet in order to remain certified. These criteria must include a
3190 provision stating that the spring training franchise must
3191 reimburse the state for any funds received if the franchise does
3192 not comply with the terms of the contract. If bonds were issued
3193 to construct or renovate a facility for a spring training
3194 franchise, the required reimbursement must be equal to the total
3195 amount of state distributions expected to be paid from the date
3196 the franchise violates the agreement with the applicant through
3197 the final maturity of the bonds.
3198 3. States that the certified applicant is subject to
3199 decertification if the certified applicant fails to comply with
3200 this section or the agreement.
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3201 4. States that the department may recover state incentive
3202 funds if the certified applicant is decertified.
3203 5. Specifies the information that the certified applicant
3204 must report to the department.
3205 6. Includes any provision deemed prudent by the
3206 department.
3207 (3) USE OF FUNDS.—
3208 (a) A certified applicant may use funds provided under s.
3209 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. only to:
3210 1. Serve the public purpose of constructing or renovating
3211 a facility for a spring training franchise.
3212 2. Pay or pledge for the payment of debt service on, or to
3213 fund debt service reserve funds, arbitrage rebate obligations,
3214 or other amounts payable with respect thereto, bonds issued for
3215 the construction or renovation of such facility, or for the
3216 reimbursement of such costs or the refinancing of bonds issued
3217 for such purposes.
3218 (c) The Department of Revenue may not distribute funds
3219 under s. 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. until July 1,
3220 2016. Further, the Department of Revenue may not distribute
3221 funds to an applicant certified on or after July 1, 2013, until
3222 it receives notice from the department that:
3223 1. The certified applicant has encumbered funds under
3224 either subparagraph (a)1. or subparagraph (a)2.; and
3225 2. If applicable, any existing agreement with a spring
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3226 training franchise for the use of a facility has expired.
3227 (d)1. All certified applicants shall place unexpended
3228 state funds received pursuant to s. 212.20(6)(d)7.c. s.
3229 212.20(6)(d)6.c. in a trust fund or separate account for use
3230 only as authorized in this section.
3231 2. A certified applicant may request that the department
3232 notify the Department of Revenue to suspend further
3233 distributions of state funds made available under s.
3234 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. for 12 months after
3235 expiration of an existing agreement with a spring training
3236 franchise to provide the certified applicant with an opportunity
3237 to enter into a new agreement with a spring training franchise,
3238 at which time the distributions shall resume.
3239 3. The expenditure of state funds distributed to an
3240 applicant certified after July 1, 2013, must begin within 48
3241 months after the initial receipt of the state funds. In
3242 addition, the construction or renovation of a spring training
3243 facility must be completed within 24 months after the project's
3244 commencement.
3245 Section 64. Subsection (1) of section 443.191, Florida
3246 Statutes, is amended to read:
3247 443.191 Unemployment Compensation Trust Fund;
3248 establishment and control.—
3249 (1) There is established, as a separate trust fund apart
3250 from all other public funds of this state, an Unemployment
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3251 Compensation Trust Fund, which shall be administered by the
3252 Department of Commerce exclusively for the purposes of this
3253 chapter. The fund must consist of:
3254 (a) All contributions and reimbursements collected under
3255 this chapter;
3256 (b) Interest earned on any moneys in the fund;
3257 (c) Any property or securities acquired through the use of
3258 moneys belonging to the fund;
3259 (d) All earnings of these properties or securities;
3260 (e) All money credited to this state's account in the
3261 federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
3262 1103;
3263 (f) All money collected for penalties imposed pursuant to
3264 s. 443.151(6)(a);
3265 (g) Advances on the amount in the federal Unemployment
3266 Compensation Trust Fund credited to the state under 42 U.S.C. s.
3267 1321, as requested by the Governor or the Governor's designee;
3268 and
3269 (h) All money deposited in this account as a distribution
3270 pursuant to s. 212.20(6)(d)7.e. s. 212.20(6)(d)6.e.
3271
3272 Except as otherwise provided in s. 443.1313(4), all moneys in
3273 the fund must be mingled and undivided.
3274 Section 65. Section 571.26, Florida Statutes, is amended
3275 to read:
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3276 571.26 Florida Agricultural Promotional Campaign Trust
3277 Fund.—There is hereby created the Florida Agricultural
3278 Promotional Campaign Trust Fund within the Department of
3279 Agriculture and Consumer Services to receive all moneys related
3280 to the Florida Agricultural Promotional Campaign. Moneys
3281 deposited in the trust fund shall be appropriated for the sole
3282 purpose of implementing the Florida Agricultural Promotional
3283 Campaign, except for money deposited in the trust fund pursuant
3284 to s. 212.20(6)(d)7.h. s. 212.20(6)(d)6.h., which shall be held
3285 separately and used solely for the purposes identified in s.
3286 571.265.
3287 Section 66. Subsection (2) of section 571.265, Florida
3288 Statutes, is amended to read:
3289 571.265 Promotion of Florida thoroughbred breeding and of
3290 thoroughbred racing at Florida thoroughbred tracks; distribution
3291 of funds.—
3292 (2) Funds deposited into the Florida Agricultural
3293 Promotional Campaign Trust Fund pursuant to s. 212.20(6)(d)7.f.
3294 s. 212.20(6)(d)6.f. shall be used by the department to encourage
3295 the agricultural activity of breeding thoroughbred racehorses in
3296 this state and to enhance thoroughbred racing conducted at
3297 thoroughbred tracks in this state as provided in this section.
3298 If the funds made available under this section are not fully
3299 used in any one fiscal year, any unused amounts shall be carried
3300 forward in the trust fund into future fiscal years and made
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3301 available for distribution as provided in this section.
3302 Section 67. For the purpose of incorporating the amendment
3303 made by this act to section 20.60, Florida Statutes, in a
3304 reference thereto, subsection (8) of section 288.9935, Florida
3305 Statutes, is reenacted to read:
3306 288.9935 Microfinance Guarantee Program.—
3307 (8) The department must, in the department's report
3308 required under s. 20.60(10), include an annual report on the
3309 program. The report must, at a minimum, provide:
3310 (a) A comprehensive description of the program, including
3311 an evaluation of its application and guarantee activities,
3312 recommendations for change, and identification of any other
3313 state programs that overlap with the program;
3314 (b) An assessment of the current availability of and
3315 access to credit for entrepreneurs and small businesses in this
3316 state;
3317 (c) A summary of the financial and employment results of
3318 the entrepreneurs and small businesses receiving loan
3319 guarantees, including the number of full-time equivalent jobs
3320 created as a result of the guaranteed loans and the amount of
3321 wages paid to employees in the newly created jobs;
3322 (d) Industry data about the borrowers, including the six-
3323 digit North American Industry Classification System (NAICS)
3324 code;
3325 (e) The name and location of lenders that receive loan
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3326 guarantees;
3327 (f) The number of loan guarantee applications received;
3328 (g) The number, duration, location, and amount of
3329 guarantees made;
3330 (h) The number and amount of guaranteed loans outstanding,
3331 if any;
3332 (i) The number and amount of guaranteed loans with
3333 payments overdue, if any;
3334 (j) The number and amount of guaranteed loans in default,
3335 if any;
3336 (k) The repayment history of the guaranteed loans made;
3337 and
3338 (l) An evaluation of the program's ability to meet the
3339 financial performance measures and objectives specified in
3340 subsection (3).
3341 Section 68. For the purpose of incorporating the amendment
3342 made by this act to section 218.67, Florida Statutes, in a
3343 reference thereto, paragraph (c) of subsection (5) of section
3344 125.0104, Florida Statutes, is reenacted to read:
3345 125.0104 Tourist development tax; procedure for levying;
3346 authorized uses; referendum; enforcement.—
3347 (5) AUTHORIZED USES OF REVENUE.—
3348 (c) A county located adjacent to the Gulf of Mexico or the
3349 Atlantic Ocean, except a county that receives revenue from taxes
3350 levied pursuant to s. 125.0108, which meets the following
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3351 criteria may use up to 10 percent of the tax revenue received
3352 pursuant to this section to reimburse expenses incurred in
3353 providing public safety services, including emergency medical
3354 services as defined in s. 401.107(3), and law enforcement
3355 services, which are needed to address impacts related to
3356 increased tourism and visitors to an area. However, if taxes
3357 collected pursuant to this section are used to reimburse
3358 emergency medical services or public safety services for tourism
3359 or special events, the governing board of a county or
3360 municipality may not use such taxes to supplant the normal
3361 operating expenses of an emergency medical services department,
3362 a fire department, a sheriff's office, or a police department.
3363 To receive reimbursement, the county must:
3364 1.a. Generate a minimum of $10 million in annual proceeds
3365 from any tax, or any combination of taxes, authorized to be
3366 levied pursuant to this section;
3367 b. Have at least three municipalities; and
3368 c. Have an estimated population of less than 275,000,
3369 according to the most recent population estimate prepared
3370 pursuant to s. 186.901, excluding the inmate population; or
3371 2. Be a fiscally constrained county as described in s.
3372 218.67(1).
3373
3374 The board of county commissioners must by majority vote approve
3375 reimbursement made pursuant to this paragraph upon receipt of a
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3376 recommendation from the tourist development council.
3377 Section 69. For the purpose of incorporating the amendment
3378 made by this act to section 218.67, Florida Statutes, in a
3379 reference thereto, subsection (3) of section 193.624, Florida
3380 Statutes, is reenacted to read:
3381 193.624 Assessment of renewable energy source devices.—
3382 (3) This section applies to the installation of a
3383 renewable energy source device installed on or after January 1,
3384 2013, to new and existing residential real property. This
3385 section applies to a renewable energy source device installed on
3386 or after January 1, 2018, to all other real property, except
3387 when installed as part of a project planned for a location in a
3388 fiscally constrained county, as defined in s. 218.67(1), and for
3389 which an application for a comprehensive plan amendment or
3390 planned unit development zoning has been filed with the county
3391 on or before December 31, 2017.
3392 Section 70. For the purpose of incorporating the amendment
3393 made by this act to section 218.67, Florida Statutes, in a
3394 reference thereto, subsection (2) of section 196.182, Florida
3395 Statutes, is reenacted to read:
3396 196.182 Exemption of renewable energy source devices.—
3397 (2) The exemption provided in this section does not apply
3398 to a renewable energy source device that is installed as part of
3399 a project planned for a location in a fiscally constrained
3400 county, as defined in s. 218.67(1), and for which an application
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3401 for a comprehensive plan amendment or planned unit development
3402 zoning has been filed with the county on or before December 31,
3403 2017.
3404 Section 71. For the purpose of incorporating the amendment
3405 made by this act to section 218.67, Florida Statutes, in a
3406 reference thereto, subsection (1) of section 218.12, Florida
3407 Statutes, is reenacted to read:
3408 218.12 Appropriations to offset reductions in ad valorem
3409 tax revenue in fiscally constrained counties.—
3410 (1) Beginning in fiscal year 2008-2009, the Legislature
3411 shall appropriate moneys to offset the reductions in ad valorem
3412 tax revenue experienced by fiscally constrained counties, as
3413 defined in s. 218.67(1), which occur as a direct result of the
3414 implementation of revisions of Art. VII of the State
3415 Constitution approved in the special election held on January
3416 29, 2008. The moneys appropriated for this purpose shall be
3417 distributed in January of each fiscal year among the fiscally
3418 constrained counties based on each county's proportion of the
3419 total reduction in ad valorem tax revenue resulting from the
3420 implementation of the revision.
3421 Section 72. For the purpose of incorporating the amendment
3422 made by this act to section 218.67, Florida Statutes, in a
3423 reference thereto, subsection (1) of section 218.125, Florida
3424 Statutes, is reenacted to read:
3425 218.125 Offset for tax loss associated with certain
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3426 constitutional amendments affecting fiscally constrained
3427 counties.—
3428 (1) Beginning in the 2010-2011 fiscal year, the
3429 Legislature shall appropriate moneys to offset the reductions in
3430 ad valorem tax revenue experienced by fiscally constrained
3431 counties, as defined in s. 218.67(1), which occur as a direct
3432 result of the implementation of revisions of ss. 3(f) and 4(b),
3433 Art. VII of the State Constitution which were approved in the
3434 general election held in November 2008. The moneys appropriated
3435 for this purpose shall be distributed in January of each fiscal
3436 year among the fiscally constrained counties based on each
3437 county's proportion of the total reduction in ad valorem tax
3438 revenue resulting from the implementation of the revisions.
3439 Section 73. For the purpose of incorporating the amendment
3440 made by this act to section 218.67, Florida Statutes, in a
3441 reference thereto, subsection (1) of section 218.135, Florida
3442 Statutes, is reenacted to read:
3443 218.135 Offset for tax loss associated with reductions in
3444 value of certain citrus fruit packing and processing equipment.—
3445 (1) For the 2018-2019 fiscal year, the Legislature shall
3446 appropriate moneys to offset the reductions in ad valorem tax
3447 revenue experienced by fiscally constrained counties, as defined
3448 in s. 218.67(1), which occur as a direct result of the
3449 implementation of s. 193.4516. The moneys appropriated for this
3450 purpose shall be distributed in January 2019 among the fiscally
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3451 constrained counties based on each county's proportion of the
3452 total reduction in ad valorem tax revenue resulting from the
3453 implementation of s. 193.4516.
3454 Section 74. For the purpose of incorporating the amendment
3455 made by this act to section 218.67, Florida Statutes, in a
3456 reference thereto, subsection (1) of section 218.136, Florida
3457 Statutes, is reenacted to read:
3458 218.136 Offset for ad valorem revenue loss affecting
3459 fiscally constrained counties.—
3460 (1) Beginning in fiscal year 2025-2026, the Legislature
3461 shall appropriate moneys to offset the reductions in ad valorem
3462 tax revenue experienced by fiscally constrained counties, as
3463 defined in s. 218.67(1), which occur as a direct result of the
3464 implementation of revisions of s. 6(a), Art. VII of the State
3465 Constitution approved in the November 2024 general election. The
3466 moneys appropriated for this purpose shall be distributed in
3467 January of each fiscal year among the fiscally constrained
3468 counties based on each county's proportion of the total
3469 reduction in ad valorem tax revenue resulting from the
3470 implementation of the revision of s. 6(a), Art. VII of the State
3471 Constitution.
3472 Section 75. For the purpose of incorporating the amendment
3473 made by this act to section 218.67, Florida Statutes, in a
3474 reference thereto, paragraph (cc) of subsection (2) of section
3475 252.35, Florida Statutes, is reenacted to read:
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3476 252.35 Emergency management powers; Division of Emergency
3477 Management.—
3478 (2) The division is responsible for carrying out the
3479 provisions of ss. 252.31-252.90. In performing its duties, the
3480 division shall:
3481 (cc) Prioritize technical assistance and training to
3482 fiscally constrained counties as defined in s. 218.67(1) on
3483 aspects of safety measures, preparedness, prevention, response,
3484 recovery, and mitigation relating to natural disasters and
3485 emergencies.
3486 Section 76. For the purpose of incorporating the amendment
3487 made by this act to section 218.67, Florida Statutes, in a
3488 reference thereto, subsection (4) of section 288.102, Florida
3489 Statutes, is reenacted to read:
3490 288.102 Supply Chain Innovation Grant Program.—
3491 (4) A minimum of a one-to-one match of nonstate resources,
3492 including local, federal, or private funds, to the state
3493 contribution is required. An award may not be made for a project
3494 that is receiving or using state funding from another state
3495 source or statutory program, including tax credits. The one-to-
3496 one match requirement is waived for a public entity located in a
3497 fiscally constrained county as defined in s. 218.67(1).
3498 Section 77. For the purpose of incorporating the amendment
3499 made by this act to section 218.67, Florida Statutes, in a
3500 reference thereto, paragraph (g) of subsection (16) of section
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3501 403.064, Florida Statutes, is reenacted to read:
3502 403.064 Reuse of reclaimed water.—
3503 (16) By November 1, 2021, domestic wastewater utilities
3504 that dispose of effluent, reclaimed water, or reuse water by
3505 surface water discharge shall submit to the department for
3506 review and approval a plan for eliminating nonbeneficial surface
3507 water discharge by January 1, 2032, subject to the requirements
3508 of this section. The plan must include the average gallons per
3509 day of effluent, reclaimed water, or reuse water that will no
3510 longer be discharged into surface waters and the date of such
3511 elimination, the average gallons per day of surface water
3512 discharge which will continue in accordance with the
3513 alternatives provided for in subparagraphs (a)2. and 3., and the
3514 level of treatment that the effluent, reclaimed water, or reuse
3515 water will receive before being discharged into a surface water
3516 by each alternative.
3517 (g) This subsection does not apply to any of the
3518 following:
3519 1. A domestic wastewater treatment facility that is
3520 located in a fiscally constrained county as described in s.
3521 218.67(1).
3522 2. A domestic wastewater treatment facility that is
3523 located in a municipality that is entirely within a rural area
3524 of opportunity as designated pursuant to s. 288.0656.
3525 3. A domestic wastewater treatment facility that is
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3526 located in a municipality that has less than $10 million in
3527 total revenue, as determined by the municipality's most recent
3528 annual financial report submitted to the Department of Financial
3529 Services in accordance with s. 218.32.
3530 4. A domestic wastewater treatment facility that is
3531 operated by an operator of a mobile home park as defined in s.
3532 723.003 and has a permitted capacity of less than 300,000
3533 gallons per day.
3534 Section 78. For the purpose of incorporating the amendment
3535 made by this act to section 218.67, Florida Statutes, in
3536 references thereto, subsections (2) and (3) of section 589.08,
3537 Florida Statutes, are reenacted to read:
3538 589.08 Land acquisition restrictions.—
3539 (2) The Florida Forest Service may receive, hold the
3540 custody of, and exercise the control of any lands, and set aside
3541 into a separate, distinct and inviolable fund, any proceeds
3542 derived from the sales of the products of such lands, the use
3543 thereof in any manner, or the sale of such lands save the 25
3544 percent of the proceeds to be paid into the State School Fund as
3545 provided by law. The Florida Forest Service may use and apply
3546 such funds for the acquisition, use, custody, management,
3547 development, or improvement of any lands vested in or subject to
3548 the control of the Florida Forest Service. After full payment
3549 has been made for the purchase of a state forest to the Federal
3550 Government or other grantor, 15 percent of the gross receipts
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3551 from a state forest shall be paid to the fiscally constrained
3552 county or counties, as described in s. 218.67(1), in which it is
3553 located in proportion to the acreage located in each county for
3554 use by the county or counties for school purposes.
3555 (3) The Florida Forest Service shall pay 15 percent of the
3556 gross receipts from the Goethe State Forest to each fiscally
3557 constrained county, as described in s. 218.67(1), in which a
3558 portion of the respective forest is located in proportion to the
3559 forest acreage located in such county. The funds must be equally
3560 divided between the board of county commissioners and the school
3561 board of each fiscally constrained county.
3562 Section 79. For the purpose of incorporating the amendment
3563 made by this act to section 218.67, Florida Statutes, in a
3564 reference thereto, paragraph (f) of subsection (1) of section
3565 1011.62, Florida Statutes, is reenacted to read:
3566 1011.62 Funds for operation of schools.—If the annual
3567 allocation from the Florida Education Finance Program to each
3568 district for operation of schools is not determined in the
3569 annual appropriations act or the substantive bill implementing
3570 the annual appropriations act, it shall be determined as
3571 follows:
3572 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
3573 OPERATION.—The following procedure shall be followed in
3574 determining the annual allocation to each district for
3575 operation:
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3576 (f) Small district factor.—An additional value per full-
3577 time equivalent student membership is provided to each school
3578 district with a full-time equivalent student membership of fewer
3579 than 20,000 full-time equivalent students which is in a fiscally
3580 constrained county as described in s. 218.67(1). The amount of
3581 the additional value shall be specified in the General
3582 Appropriations Act.
3583 Section 80. For the purpose of incorporating the amendment
3584 made by this act to sections 218.67 and 339.2818, Florida
3585 Statutes, in references thereto, paragraph (c) of subsection (6)
3586 of section 403.0741, Florida Statutes, is reenacted to read:
3587 403.0741 Grease waste removal and disposal.—
3588 (6) REGULATION BY LOCAL GOVERNMENTS.—
3589 (c) Fiscally constrained counties as described in s.
3590 218.67(1) and small counties as defined in s. 339.2818(2) may
3591 opt out of the requirements of this section.
3592 Section 81. For the purpose of incorporating the amendment
3593 made by this act to section 288.0656, Florida Statutes, in a
3594 reference thereto, paragraph (e) of subsection (7) of section
3595 163.3177, Florida Statutes, is reenacted to read:
3596 163.3177 Required and optional elements of comprehensive
3597 plan; studies and surveys.—
3598 (7)
3599 (e) This subsection does not confer the status of rural
3600 area of opportunity, or any of the rights or benefits derived
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3601 from such status, on any land area not otherwise designated as
3602 such pursuant to s. 288.0656(7).
3603 Section 82. For the purpose of incorporating the amendment
3604 made by this act to section 288.9961, Florida Statutes, in a
3605 reference thereto, paragraph (a) of subsection (7) of section
3606 288.9962, Florida Statutes, is reenacted to read:
3607 288.9962 Broadband Opportunity Program.—
3608 (7)(a) In evaluating grant applications and awarding
3609 grants, the office must give priority to applications that:
3610 1. Offer broadband Internet service to important community
3611 institutions, including, but not limited to, libraries,
3612 educational institutions, public safety facilities, and health
3613 care facilities;
3614 2. Facilitate the use of telemedicine and electronic
3615 health records;
3616 3. Serve economically distressed areas of this state, as
3617 measured by indices of unemployment, poverty, or population loss
3618 that are significantly greater than the statewide average;
3619 4. Provide for scalability to transmission speeds of at
3620 least 100 megabits per second download and 10 megabits per
3621 second upload;
3622 5. Include a component to actively promote the adoption of
3623 the newly available broadband Internet service in the community;
3624 6. Provide evidence of strong support for the project from
3625 citizens, government, businesses, and institutions in the
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3626 community;
3627 7. Provide access to broadband Internet service to the
3628 greatest number of unserved households and businesses;
3629 8. Leverage greater amounts of funding for a project from
3630 private sources; or
3631 9. Demonstrate consistency with the strategic plan adopted
3632 under s. 288.9961.
3633 Section 83. For the purpose of incorporating the amendment
3634 made by this act to section 319.32, Florida Statutes, in a
3635 reference thereto, subsection (1) of section 215.211, Florida
3636 Statutes, is reenacted to read:
3637 215.211 Service charge; elimination or reduction for
3638 specified proceeds.—
3639 (1) Notwithstanding the provisions of s. 215.20(1) and
3640 former s. 215.20(3), the service charge provided in s. 215.20(1)
3641 and former s. 215.20(3), which is deducted from the proceeds of
3642 the taxes distributed under ss. 206.606(1), 207.026,
3643 212.0501(6), and 319.32(5), shall be eliminated beginning July
3644 1, 2000.
3645 Section 84. For the purpose of incorporating the amendment
3646 made by this act to section 339.68, Florida Statutes, in
3647 references thereto, subsections (5) and (6) of section 339.66,
3648 Florida Statutes, are reenacted to read:
3649 339.66 Upgrade of arterial highways with controlled access
3650 facilities.—
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3651 (5) Any existing applicable requirements relating to
3652 department projects shall apply to projects undertaken by the
3653 department pursuant to this section. The department shall take
3654 into consideration the guidance and recommendations of any
3655 previous studies or reports relevant to the projects authorized
3656 by this section and ss. 339.67 and 339.68, including, but not
3657 limited to, the task force reports prepared pursuant to chapter
3658 2019-43, Laws of Florida.
3659 (6) Any existing applicable requirements relating to
3660 turnpike projects apply to projects undertaken by the Turnpike
3661 Enterprise pursuant to this section. The Turnpike Enterprise
3662 shall take into consideration the guidance and recommendations
3663 of any previous studies or reports relevant to the projects
3664 authorized by this section and ss. 339.67 and 339.68, including,
3665 but not limited to, the task force reports prepared pursuant to
3666 chapter 2019-43, Laws of Florida, and with respect to any
3667 extension of the Florida Turnpike from its northerly terminus in
3668 Wildwood.
3669 Section 85. For the purpose of incorporating the amendment
3670 made by this act to section 420.9073, Florida Statutes, in
3671 references thereto, subsections (4) and (6) of section 420.9072,
3672 Florida Statutes, are reenacted to read:
3673 420.9072 State Housing Initiatives Partnership Program.—
3674 The State Housing Initiatives Partnership Program is created for
3675 the purpose of providing funds to counties and eligible
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3676 municipalities as an incentive for the creation of local housing
3677 partnerships, to expand production of and preserve affordable
3678 housing, to further the housing element of the local government
3679 comprehensive plan specific to affordable housing, and to
3680 increase housing-related employment.
3681 (4) Moneys in the Local Government Housing Trust Fund
3682 shall be distributed by the corporation to each approved county
3683 and eligible municipality within the county as provided in s.
3684 420.9073. Distributions shall be allocated to the participating
3685 county and to each eligible municipality within the county
3686 according to an interlocal agreement between the county
3687 governing authority and the governing body of the eligible
3688 municipality or, if there is no interlocal agreement, according
3689 to population. The portion for each eligible municipality is
3690 computed by multiplying the total moneys earmarked for a county
3691 by a fraction, the numerator of which is the population of the
3692 eligible municipality and the denominator of which is the total
3693 population of the county. The remaining revenues shall be
3694 distributed to the governing body of the county.
3695 (6) The moneys that otherwise would be distributed
3696 pursuant to s. 420.9073 to a local government that does not meet
3697 the program's requirements for receipts of such distributions
3698 shall remain in the Local Government Housing Trust Fund to be
3699 administered by the corporation.
3700 Section 86. For the purpose of incorporating the amendment
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3701 made by this act to section 420.9073, Florida Statutes, in a
3702 reference thereto, paragraph (b) of subsection (7) of section
3703 420.9076, Florida Statutes, is reenacted to read:
3704 420.9076 Adoption of affordable housing incentive
3705 strategies; committees.—
3706 (7) The governing board of the county or the eligible
3707 municipality shall notify the corporation by certified mail of
3708 its adoption of an amendment of its local housing assistance
3709 plan to incorporate local housing incentive strategies. The
3710 notice must include a copy of the approved amended plan.
3711 (b) If a county fails to timely adopt an amended local
3712 housing assistance plan to incorporate local housing incentive
3713 strategies but an eligible municipality receiving a local
3714 housing distribution pursuant to an interlocal agreement within
3715 the county does timely adopt an amended local housing assistance
3716 plan to incorporate local housing incentive strategies, the
3717 corporation, after issuance of a notice of termination, shall
3718 thereafter distribute directly to the participating eligible
3719 municipality its share calculated in the manner provided in s.
3720 420.9073.
3721 Section 87. For the purpose of incorporating the amendment
3722 made by this act to section 420.9073, Florida Statutes, in a
3723 reference thereto, subsection (2) of section 420.9079, Florida
3724 Statutes, is reenacted to read:
3725 420.9079 Local Government Housing Trust Fund.—
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3726 (2) The corporation shall administer the fund exclusively
3727 for the purpose of implementing the programs described in ss.
3728 420.907-420.9076 and this section. With the exception of
3729 monitoring the activities of counties and eligible
3730 municipalities to determine local compliance with program
3731 requirements, the corporation shall not receive appropriations
3732 from the fund for administrative or personnel costs. For the
3733 purpose of implementing the compliance monitoring provisions of
3734 s. 420.9075(9), the corporation may request a maximum of one-
3735 quarter of 1 percent of the annual appropriation per state
3736 fiscal year. When such funding is appropriated, the corporation
3737 shall deduct the amount appropriated prior to calculating the
3738 local housing distribution pursuant to ss. 420.9072 and
3739 420.9073.
3740 Section 88. This act shall take effect July 1, 2025.
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