Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (March 31, 2025)
Summary
Post-meeting packet of the Florida Senate Committee on Commerce and Tourism, Senator Leek, Chair, for Monday, March 31, 2025, 1:30 to 3:30 p.m. The agenda tabs list CS/SB 656 (Health Care Billing and Collection Activities), SB 1238 (Fraud in the Reemployment Assistance Program), CS/SB 910 (Veterans’ Benefits Assistance), SB 1264 (Rural and Urban Business Enterprises) and SB 1322 (Tax Credits for Investment in Rural Communities), among other items, with an expanded agenda recording committee actions. The packet closes with the text of SB 936 (Statewide Study on Automation and Workforce Impact), which calls for a report by December 1, 2025, and a committee agenda request dated March 6, 2025.
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“Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (March 31, 2025).”
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03/31/2025 - Commerce and Tourism (1:30 PM - 3:30 PM) 2025 Regular Session
Customized 04/02/2025 10:39 AM
Tab
Tab 1 CS/SB 656 by HP, Rodriguez; Similar to CS/H 00547 Health Care Billing and Collection Activities
Tab 2 SB 1238 by Rodriguez; Compare to CS/H 01157 Fraud in the Reemployment Assistance Program
738334 D S RCS CM, Rodriguez Delete everything after 03/31 04:15 PM
Tab 3 CS/SB 910 by MS, Collins; Similar to CS/H 00277 Veterans’ Benefits Assistance
Tab 4 SB 1264 by Collins; Similar to H 01125 Rural and Urban Business Enterprises
880508 A S WD CM, Collins Delete L.1307 - 1389. 03/31 04:24 PM
747702 D S LRCS CM, Collins Delete everything after 03/31 04:24 PM
744484 A S LWD CM, Collins Delete L.1617 - 1790: 03/31 04:24 PM
SB 1322 by Simon (CO-INTRODUCERS) Yarborough; Similar to H 00837 Tax Credits for Investment in
Tab 5
Rural Communities
840450 D S RCS CM, Simon Delete everything after 03/31 04:33 PM
Tab 6 SB 1672 by Truenow; Identical to H 06033 Labor Pool Act
Tab 7 CS/SB 940 by RI, McClain; Similar to CS/H 00543 Third-party Reservation Platforms
CS/SB 1820 by TR, Leek; Similar to CS/H 00429 Motor Vehicle Manufacturers and Franchised Motor
Tab 8
Vehicle Dealers
SB 324 by Smith (CO-INTRODUCERS) Arrington; Similar to H 00215 Construction Disruption
Tab 9
Assistance
615984 A S RCS CM, Smith Delete L.68 - 104: 04/01 09:38 AM
Tab 10 SB 936 by Davis; Identical to H 00827 Statewide Study on Automation and Workforce Impact
Page 1 of 1
2025 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Leek, Chair
Senator Arrington, Vice Chair
MEETING DATE: Monday, March 31, 2025
TIME: 1:30—3:30 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Davis, DiCeglie, Gruters, McClain,
Smith, Wright, and Yarborough
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 CS/SB 656 Health Care Billing and Collection Activities; Revising Favorable
Health Policy / Rodriguez the definition of the term “extraordinary collection Yeas 9 Nays 0
(Similar CS/H 547) action”; authorizing facilities to engage in an
extraordinary collection action under certain
circumstances, etc.
HP 03/25/2025 Fav/CS
CM 03/31/2025 Favorable
RC
2 SB 1238 Fraud in the Reemployment Assistance Program; Fav/CS
Rodriguez Citing this act as the “Protecting the Reemployment Yeas 6 Nays 3
(Compare CS/H 1157) Assistance Program from Fraud Act of 2025”;
requiring the Department of Commerce to verify the
identity of claimants who apply for reemployment
assistance benefits before paying any benefits to
them; requiring the department to scrutinize claims
filed from foreign Internet protocol addresses before
paying benefits on such claims; requiring that any
suspected fraudulent claim be referred to the
Department of Legal Affairs or the state attorney of
the judicial circuit in which the suspected fraudulent
claim originated from for further investigation and
prosecution, etc.
CM 03/31/2025 Fav/CS
ATD
FP
S-036 (10/2008)
03312025.1806 Page 1 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 31, 2025, 1:30—3:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
3 CS/SB 910 Veterans’ Benefits Assistance; Prohibiting a person Favorable
Military and Veterans Affairs, from receiving compensation for referring an Yeas 9 Nays 0
Space, and Domestic Security / individual to another person for advising, assisting, or
Collins consulting on veterans’ benefits matters; requiring
(Similar CS/H 277) that persons who advise, assist, or consult on
veterans’ benefits matters for compensation provide a
specified oral and written disclosure before entering
into a business relationship with a client; prohibiting a
provider who advises, assists, or consults on
veterans’ benefits matters from charging certain fees;
requiring a provider to successfully complete a
specified background screening before entering into
an agreement with a veteran for veterans’ benefits
matters, etc.
MS 03/18/2025 Fav/CS
CM 03/31/2025 Favorable
RC
4 SB 1264 Rural and Urban Business Enterprises; Revising the Fav/CS
Collins purpose of the Department of Commerce; requiring Yeas 7 Nays 2
(Similar H 1125, Compare H 753, that the statewide emergency shelter plan identify the
H 1185, S 896, S 1532, S 1694) general location and square footage of special needs
shelters by regional planning council regions, as such
regions existed on a specified date, during the next 5
years; revising the purpose of the Targeted Marketing
Assistance Program to include businesses in rural or
urban areas; establishing the Research, Innovation,
Science, and Engineering (RISE) Investment Tax
Credit Program within the Department of Commerce,
etc.
CM 03/31/2025 Fav/CS
FT
ATD
RC
5 SB 1322 Tax Credits for Investment in Rural Communities; Fav/CS
Simon Creating the “Florida Rural Jobs Act”; requiring the Yeas 9 Nays 0
(Similar H 837, Linked S 1324) Department of Commerce to accept applications for
approval as rural funds in a specified manner;
requiring the department to distribute revoked
investment authority among certain rural funds;
granting a credit against state tax liability for specified
investors; providing restrictions on the credit, etc.
CM 03/31/2025 Fav/CS
FT
AP
S-036 (10/2008)
03312025.1806 Page 2 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 31, 2025, 1:30—3:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
6 SB 1672 Labor Pool Act; Repealing provisions relating to short Favorable
Truenow title; legislative intent; definitions; exclusions; duties Yeas 9 Nays 0
(Identical H 6033) and rights; remedies, damages, and costs; and
application, respectively, etc.
CM 03/31/2025 Favorable
FP
RC
7 CS/SB 940 Third-party Reservation Platforms; Citing this act as Favorable
Regulated Industries / McClain the “Restaurant Reservation Anti-Piracy Act”; Yeas 9 Nays 0
(Similar CS/H 543) specifying that a third-party reservation platform does
not include certain contractual designees; prohibiting
a third-party reservation platform from listing,
advertising, promoting, selling, or otherwise enabling
a reservation at a public food service establishment;
authorizing the Division of Hotels and Restaurants of
the Department of Business and Professional
Regulation to impose a civil penalty not to exceed a
specified amount for a violation of the act or of a
division rule, etc.
RI 03/19/2025 Fav/CS
CM 03/31/2025 Favorable
RC
8 CS/SB 1820 Motor Vehicle Manufacturers and Franchised Motor Favorable
Transportation / Leek Vehicle Dealers; Prohibiting an applicant or a Yeas 9 Nays 0
(Similar CS/H 429) licensee, or a common entity thereof, from
establishing, implementing, or enforcing certain
criteria for measuring the sales or service
performance of its franchised motor vehicle dealers
unless certain conditions are met; revising the
circumstances in which a discontinuation,
cancellation, nonrenewal, modification, or
replacement of a franchise agreement is deemed
unfair, etc.
TR 03/25/2025 Fav/CS
CM 03/31/2025 Favorable
RC
9 SB 324 Construction Disruption Assistance; Citing this act as Fav/CS
Smith the “Construction Disruption Assistance Act”; Yeas 9 Nays 0
(Similar H 215) establishing the Construction Impact Relief Program
within the Department of Commerce pursuant to the
Florida Job Growth Grant Fund; requiring the
department to provide specified financial assistance
to eligible small businesses within construction zones;
requiring the department to develop a public
awareness and marketing campaign to promote the
program in partnership with specified entities, etc.
CM 03/31/2025 Fav/CS
ATD
FP
S-036 (10/2008)
03312025.1806 Page 3 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 31, 2025, 1:30—3:30 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
10 SB 936 Statewide Study on Automation and Workforce Favorable
Davis Impact; Requiring the Bureau of Workforce Statistics Yeas 9 Nays 0
(Identical H 827) and Economic Research of the Department of
Commerce to study the economic impact of
automation, artificial intelligence, and robotics on
employment in the state; authorizing the bureau to
consult with specified entities to complete the study;
requiring the bureau to submit to the Governor and
Legislature a report by a specified date, etc.
CM 03/31/2025 Favorable
ATD
FP
TAB OFFICE and APPOINTMENT (HOME CITY) FOR TERM ENDING COMMITTEE ACTION
Senate Confirmation Hearing: A public hearing will be held for consideration of the below-
named executive appointments to the offices indicated.
Chair, Board of Supervisors of the Central Florida Tourism
Oversight District
11 Yarbrough, Alexis M. (Fort Lauderdale) 02/26/2029 Recommend Confirm
Yeas 9 Nays 0
Board of Supervisors of the Central Florida Tourism
Oversight District
12 Gilbert, John (Orlando) 02/26/2027 Recommend Confirm
Yeas 9 Nays 0
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
Other Related Meeting Documents
S-036 (10/2008)
03312025.1806 Page 4 of 4
CourtSmart Tag Report
Room: SB 110 Case No.: Type:
Caption: Senate Commerce Committee Judge:
Started: 3/31/2025 1:30:24 PM
Ends: 3/31/2025 3:12:02 PM Length: 01:41:39
1:30:24 PM Chair Leek calls meeting to order
1:30:25 PM Roll call
1:30:28 PM Quorum presented
1:30:54 PM Chair Leek with comments
1:31:03 PM Tab 6 SB 1672, Labor Pool Act introduced by Chair Leek
1:31:26 PM Explanation of Bill by Senator Truenow
1:31:51 PM Chair Leek with comments
1:32:03 PM Appearance Form
1:32:12 PM Kelly Mallette, Pacesetter Personnel Services
1:32:16 PM Chair Leek with comments
1:32:23 PM Closure by Senator Truenow
1:32:28 PM Roll call
1:32:39 PM SB 1672 reported favorably
1:32:57 PM Tab 7 CS/SB 940, Third-Party Reservation Platforms introduced by Chair Leek
1:33:15 PM Explanation of Bill by Senator McClain
1:34:07 PM Chair Leek with comments
1:34:22 PM Appearance Forms
1:34:23 PM Samantha Padgett, Florida Restaurant and Lodging Association
1:34:27 PM Ron Pierce, Booking Holdings
1:34:32 PM Chair Leek with comments
1:34:36 PM Closure waived
1:34:39 PM Roll call
1:34:42 PM CS/SB 940 reported favorably
1:34:59 PM Chair passed to Senator Arrington
1:35:14 PM Tab 8 CS/SB 1820, Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers
introduced by Chair Arrington
1:35:21 PM Explanation of Bill by Senator Leek
1:36:17 PM Chair Arrington with comments
1:36:24 PM Question
1:36:26 PM Senator Davis
1:36:30 PM Senator Leek
1:37:12 PM Chair Arrington with comments
1:37:19 PM Appearance Form
1:37:22 PM David Ramba, Florida Automobile Dealers Association
1:37:27 PM Chair Arrington with comments
1:37:36 PM Closure waived
1:37:38 PM Roll call
1:37:41 PM CS/SB 1820 reported favorably
1:38:08 PM Chair returned to Senator Leek
1:38:18 PM Tab 9 SB 324, Construction Disruption Assistance introduced by Chair Leek
1:38:29 PM Explanation of Bill by Senator Smith
1:40:51 PM Chair Leek with comments
1:42:01 PM Amendment Barcode No. 615984 introduced by Chair Leek
1:42:13 PM Explanation of Amendment by Senator Smith
1:42:17 PM Chair Leek with comments
1:42:29 PM Closure waived
1:42:32 PM Amendment adopted
1:42:37 PM Chair Leek with comments
1:42:56 PM Senator Smith with closure
1:43:15 PM Roll call
1:44:15 PM CS/SB 324 reported favorably
1:44:36 PM Tab 10 SB 936, Statewide Study on Automation and Workforce Impact introduced by
Chair Leek
1:44:46 PM Explanation of Bill by Senator Davis
1:45:30 PM Chair Leek with comments
1:46:28 PM Closure by Senator Davis
1:46:36 PM Roll call
1:46:58 PM SB 936 reported favorably
1:47:10 PM Tab 5 SB 1322, Tax Credits for Investment in Rural Communities introduced by Chair
Leek
1:47:22 PM Explanation of Bill by Senator Yarborough
1:48:13 PM Chair Leek with comments
1:49:18 PM Amendment Barcode No. 840450 introduced by Chair Leek
1:49:23 PM Explanation of Amendment by Senator Yarborough
1:49:30 PM Chair Leek with comments
1:49:40 PM Closure waived
1:49:42 PM Amendment adopted
1:49:45 PM Chair Leek with comments
1:49:52 PM Appearance Forms
1:49:59 PM Melissa Ramba, Sutherland Capital
1:50:03 PM Cameron Fink, Associated Industries of Florida
1:50:08 PM Slater Bayliss, Advantage Capital Partners
1:50:14 PM Chair Leek with comments
1:50:23 PM Senator Yarborough with closure
1:50:33 PM Roll call
1:50:50 PM CS/SB 1322 reported favorably
1:51:08 PM Tab 3 SB 910, Veterans' Benefits Assistance introduced by Chair Leek
1:51:20 PM Explanation of Bill by Senator Collins
1:52:20 PM Chair Leek with comments
1:53:21 PM Karen Murillo, AARP
1:53:29 PM William Taylor, Veterans Guardian
1:53:32 PM Peter O'Rouke, National Association for Veteran Rights
1:53:47 PM Chair Leek with comments
1:53:51 PM Debate
1:53:53 PM Senator Wright
1:54:04 PM Chair Leek with comments
1:54:12 PM Senator Collins with closure
1:55:48 PM Roll call
1:55:53 PM CS/SB 910 reported favorably
1:56:09 PM Tab 4 SB 1264, Rural and Urban Business Enterprises introduced by Chair Leek
1:56:25 PM Explanation of Bill by Senator Collins
1:56:36 PM Chair Leek with comments
1:57:08 PM Late-filed Amendment Barcode No. 747702 introduced by Chair Leek
1:57:38 PM Explanation of Late-filed Amendment by Senator Collins
2:01:11 PM Chair Leek with comments
2:01:18 PM Appearance Forms
2:01:27 PM Secretary Alex Kelly, Florida Commerce
2:01:37 PM Quincee Messersmith
2:04:28 PM Darryl Register
2:07:10 PM Chris Doolin, Small County Coalition
2:07:35 PM Chair Leek with comments
2:08:44 PM Closure waived
2:08:50 PM Amendment adopted
2:08:53 PM Chair Leek with comments
2:08:58 PM Questions
2:09:01 PM Senator Smith
2:09:06 PM Senator Collins
2:10:46 PM Senator Smith
2:10:49 PM Senator Collins
2:11:17 PM Senator Smith
2:12:06 PM Senator Collins
2:12:13 PM Senator Smith
2:12:15 PM Senator Collins
2:13:02 PM Senator Smith
2:13:06 PM Senator Collins
2:13:59 PM Senator Smith
2:14:41 PM Senator Collins
2:15:09 PM Senator Davis
2:15:15 PM Senator Collins
2:16:43 PM Senator Davis
2:17:43 PM Senator Collins
2:19:37 PM Senator Davis
2:19:46 PM Senator Collins
2:20:56 PM Senator Davis
2:21:01 PM Senator Collins
2:22:24 PM Chair Leek with comments
2:22:29 PM Appearance Forms
2:22:41 PM Darryl Register
2:22:52 PM Tom Lewis
2:25:36 PM Carlecia Collins, Meta
2:26:32 PM Kurvin Qualls
2:26:41 PM Lindsey Pierce, Space Florida
2:26:44 PM J.D White, ARK Innovation Center
2:29:42 PM April Sutton
2:29:45 PM Cissy Proctor, Leonardo Helicopters
2:29:50 PM Colton McDill, Florida Chamber of Commerce
2:29:53 PM Chadwin Leonard, 1000 Friends of Florida
2:31:52 PM Mayor Sean Lynch
2:33:28 PM Quincee Messersmith
2:33:35 PM Rick Davis
2:35:46 PM Rana Brown, Florida Regional Councils Association
2:36:15 PM Ron Book, Florida Regional Councils Association
2:36:44 PM Slater Bayliss, Advantage Capital Partners
2:37:03 PM Chris Doolin, Small County Coalition
2:37:21 PM Chair Leek with comments
2:37:46 PM Debate
2:38:11 PM Senator Smith
2:39:45 PM Chair Leek with comments
2:39:49 PM Senator Collins with closure
2:39:55 PM Roll call
2:40:46 PM CS/SB 1264 reported favorably
2:41:08 PM Tab 1 CS/SB 656, Health Care Billing and Collection Activities introduced by Chair Leek
2:41:26 PM Explanation of Bill by Senator Rodriguez
2:41:47 PM Chair Leek with comments
2:41:55 PM Appearance Form
2:41:57 PM Ron LaFace, Capio
2:42:02 PM Chair Leek with comments
2:42:07 PM Closure by Senator
2:42:11 PM Roll call
2:42:17 PM CS/SB 656 reported favorably
2:42:31 PM Tab 2 SB 1238, Fraud in the Reemployment Assistance Program introduced by Chair
Leek
2:42:46 PM Amendment Barcode No. 738334 introduced by Chair Leek
2:43:02 PM Explanation of Amendment by Senator Rodriguez
2:43:16 PM Chair Leek with comments
2:44:13 PM Closure waived
2:44:17 PM Amendment adopted
2:44:22 PM Chair Leek with comments
2:44:26 PM Questions
2:44:32 PM Senator Smith
2:44:55 PM Senator Rodriguez
2:45:14 PM Senator Smith
2:45:53 PM Senator Rodriguez
2:47:18 PM Senator Smith
2:47:20 PM Senator Rodriguez
2:47:51 PM Senator Smith
2:47:56 PM Senator Rodriguez
2:48:30 PM Senator Smith
2:48:34 PM Senator Rodriguez
2:49:19 PM Senator Smith
2:49:22 PM Senator Rodriguez
2:51:00 PM Senator Arrington
2:51:06 PM Senator Rodriguez
2:51:55 PM Senator Arrington
2:52:02 PM Senator Rodriguez
2:52:18 PM Senator Davis
2:52:23 PM Senator Rodriguez
2:53:34 PM Senator Davis
2:53:49 PM Senator Rodriguez
2:55:07 PM Chair Leek with comments
2:55:24 PM Appearance Forms
2:55:27 PM Dr. Rich Templin, Florida AFL-CIO
2:55:30 PM Gina Fernandez
2:55:32 PM Melissa Jackson
2:55:37 PM Richard Jones
3:01:43 PM Jackson Oberlink, Florida Rising
3:01:50 PM Daniel Hernandez
3:01:52 PM J. Ferguson
3:01:53 PM Erika Blunt
3:03:34 PM Sean Donnelly
3:03:39 PM Bill Herrle, NFIB
3:03:43 PM Evan Kennedy
3:04:29 PM Chair Leek with comments
3:05:06 PM Debate
3:05:08 PM Senator Arrington
3:05:43 PM Senator Smith
3:07:36 PM Senator Davis
3:07:49 PM Chair Leek with comments
3:08:51 PM Senator Rodriguez in closure
3:09:03 PM Roll call
3:09:16 PM CS/SB 1238 reported favorably
3:09:42 PM Tabs 11 and 12, Confirmations of Alexis Yarbrough, Chair, Board of Supervisors of the
Central Florida Tourism Oversight District and John Gilbert, Board of Supervisors of the Central
Florida Tourism Oversight District introduced by Chair Leek
3:10:20 PM Senator Wright Motion to accept the confirmations
3:10:30 PM Motion adopted
3:10:32 PM Roll call
3:10:42 PM Confirmations confirmed
3:10:55 PM Chair Leek
3:10:58 PM Senator DeCiglie would like to be shown voting in the affirmative on SB 1672, CS/SB
940, CS/SB 1820, CS/SB 324, SB 936, CS/SB 1322, CS/SB 1264, CS/SB 910 and CS/SB 656
3:11:26 PM Senator Davis would like to be shown voting in the affirmative on SB 1672 and SB 940
3:11:40 PM Chair Leek with comments
3:11:44 PM Senator McClain moves to adjourn
3:11:51 PM Meeting adjourned
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 656
INTRODUCER: Health Policy Committee and Senator Rodriguez
SUBJECT: Health Care Billing and Collection Activities
DATE: March 28, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Looke Brown HP Fav/CS
2. McMillan McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 656 amends s. 395.3011, F.S., to extend protections from “extraordinary collection
actions” by hospitals and ambulatory surgical centers (ASC) to all actions relating to payments
of a bill for care. Current protections, created in 2024, apply only to bills for care covered under
the hospital’s or ASC’s financial assistance policy. The bill also allows a hospital or ASC to sell
an individual’s debt without a 30-day notification to the patient if the hospital or ASC meets
specified requirements.
The bill provides an effective date of July 1, 2025.
II. Present Situation:
Medical Debt
Medical debt, or personal debt incurred from unpaid medical bills, is a leading cause of
bankruptcy in the United States. Two-thirds of medical debts are the result of a one-time or
short-term medical expense arising from an acute medical need.1 Many medical collections on
1
Hamel, Liz et al., The Burden of Medical Debt: January 2016 Results from the Kaiser Family Foundation/New York Times
Medical Bills Surve, Kaiser Family Foundation. January 2016, available at The Burden of Medical Debt: Results from the
Kaiser Family Foundation/New York Times Medical Bills Survey (kff.org) (last visited Mar. 28, 2025).
BILL: CS/SB 656 Page 2
consumer credit reports are low-dollar accounts.2 Data from the federal Consumer Financial
Protection Bureau’s Consumer Credit Panel show that in 2020, the median medical collection
was $310, the mean medical collection was $773, and 62 percent of medical collections were
under $490.3 In Florida, approximately 6.6 percent of the population has medical debt in
collection.4 The median amount of medical debt in collections is $1593.5 The percentage of
persons without health insurance coverage is 11.1 percent.6
Medical Debt Collection in Florida
Debt Collection in General
Florida law provides a court process for the collection of lawful debts, including medical debts.7
A creditor may sue a debtor and, if the creditor prevails, the creditor may receive a final
judgment awarding monetary damages.8 If the debtor does not voluntarily pay the judgment, the
creditor has several legal means to collect on the debt, including:
• Wage garnishment.
• Garnishment of money in a bank account.
• Directing the sheriff to seize assets, sell them, and give the proceeds to the creditor.9
In order to protect debtors from being destitute, current state law provides that certain property is
exempt from being taken by a creditor. The Florida Constitution provides that the debtor's
homestead and $1,000 of personal property is exempt.10 Statutory law provides numerous
categories of exempt property, and federal law also provides certain exemptions applicable in all
states.11
In addition to the protection from creditors contained in the State Constitution, ch. 222, F.S.,
protects other personal property from certain claims of creditors and legal process: garnishment
of wages for a head of family;12 proceeds from life insurance policies;13 wages or unemployment
compensation payments due to certain deceased employees;14 disability income benefits;15 assets
in qualified tuition programs; medical savings accounts; Coverdell education savings accounts;
hurricane savings accounts;16 $5,000 interest in a motor vehicle; professionally prescribed health
aids; certain refunds or credits from financial institutions; and $4,000 interest in personal
2
Consumer Financial Protection Bureau, Medical Debt Burden in the United States, February 2022, available at Medical
Debt Burden in the United States (last visited Mar. 28, 2025).
3
Id.
4
Debt in America 2024, Urban Data Catalog, Debt in America State-Level Medical Debt, Sep. 12, 2024, available at Debt in
America 2024 | Urban Data Catalog, (last visited Mar. 28, 2025).
5
Id.
6
Id.
7
See ch. 56, F.S.
8
Id.
9
See ch. 77, F.S. See also ch. 56, F.S.
10 Art. X, s. 4(a), Fla. Const.
11 For example, the federal ERISA law provides that most retirement plans are exempt from creditor claims.
12 Section 222.11, F.S.
13 Section 222.13, F.S.
14 Section 222.15, F.S.
15 Section 222.18, F.S.
16 Section 222.22, F.S.
BILL: CS/SB 656 Page 3
property, if the debtor does not claim or receive the benefits of a homestead exemption under the
State Constitution.17
Changes Specific to Medical Debt
Chapter 2024-183, Laws of Fla., made significant changes to how a hospital or ASC is allowed
to collect on debt owed to it. Specifically, the law:18
• Prohibits hospitals and ASCs from filing an extraordinary collection action for medical debt;
• Establishes a new three-year statute of limitation period for medical debt collections which
begins on the date the hospital or ASC refers the medical debt to a third party;
• Exempts up to $10,000 of a debtor’s property from attachment, garnishment, or other legal
action by a hospital or ASC to recover a medical debt; and
• Prohibits a hospital or ASC from engaging in extraordinary action to collect a medical debt
while a patient ‘s eligibility for enrollment in, or grievance about other coverages are
pending.
Part of the 2024 law created s. 395.3011, F.S., which prohibits a hospital or ASC from engaging
in certain billing and collection activities relating to medical debt. Section 395.3011, F.S.,
defines “extraordinary collection actions” to mean any of the following actions taken by a
licensed facility against an individual in relation to obtaining payment of a bill for care covered
under the facility’s financial assistance policy:
• Selling the individual’s debt to another party.
• Reporting adverse information about the individual to consumer credit reporting agencies.
• Deferring, denying, or requiring a payment before providing medically necessary care
because of the individual’s nonpayment of one or more bills for previously provided care
covered under the facility’s financial assistance policy.
• Actions that require a legal or judicial process, including, but not limited to:
o Placing a lien on the individual’s property;
o Foreclosing on the individual’s real property;
o Attaching or seizing the individual’s bank account or any other personal property;
o Commencing a civil action against the individual;
o Causing the individual’s arrest; or
o Garnishing the individual’s wages.
The 2024 law prohibits a hospital or ASC from engaging in an extraordinary collection action to
obtain payment for services in the following circumstances:
• Before the facility has made reasonable efforts to determine whether the individual is eligible
for assistance under its financial assistance policy for the care provided and, if eligible,
before a decision is made by the facility on the patient’s application for such financial
assistance;
• Before the facility has provided the individual with an itemized statement or bill;
• During an ongoing grievance process as described in s. 395.301(6), F.S., or an ongoing
appeal of a claim adjudication;
17 Section 222.25, F.S.
18
See s. 95.11, F.S. See also s. 395.3011, F.S. See also s. 222.26, F.S.
BILL: CS/SB 656 Page 4
• Before billing any applicable insurer or HMO and allowing the insurer or HMO to adjudicate
a claim;
• For 30 days after notifying the patient in writing, by certified mail, or by other traceable
delivery method, that a collection action will commence absent additional action by the
patient; or
• While the individual:
o Negotiates in good faith the final amount of a bill for services rendered; or
o Complies with all terms of a payment plan with the facility.
III. Effect of Proposed Changes:
The bill amends s. 395.3011, F.S., to:
• Expand the scope of “extraordinary collection action” to include actions taken in relation to
obtaining payment for any bill of care, rather than only bills of care that are covered under a
hospital’s or ASC’s financial assistance policy.
• Allow a hospital or ASC to sell a patient’s debt without 30-day notice to the patient if the
debt:
o Is not subject to interest, fees, or actions that require a legal or judicial process; and
o Is returned to the facility if it is determined that the debt qualifies for charity care under
the facility’s financial assistance policy.
The bill provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
BILL: CS/SB 656 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 395.3011 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Health Policy on March 25, 2025:
The committee substitute eliminates all provisions from the underlying bill except
expanding the definition of “extraordinary collection action” to apply to all bills for care
and allowing a hospital or ASC to sell a patient’s debt without a 30-day notice to the
patient under certain circumstances.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 CS for SB 656 Florida Senate - 2025 CS for SB 656
By the Committee on Health Policy; and Senator Rodriguez
588-02846-25 2025656c1 588-02846-25 2025656c1
1 A bill to be entitled 30 3. Attaching or seizing the individual’s bank account or
2 An act relating to health care billing and collection 31 any other personal property;
3 activities; amending s. 395.3011, F.S.; revising the 32 4. Commencing a civil action against the individual;
4 definition of the term “extraordinary collection 33 5. Causing the individual’s arrest; or
5 action”; authorizing facilities to engage in an 34 6. Garnishing the individual’s wages.
6 extraordinary collection action under certain 35 (2) A facility may not engage in an extraordinary
7 circumstances; providing an effective date. 36 collection action against an individual to obtain payment for
8 37 services:
9 Be It Enacted by the Legislature of the State of Florida: 38 (e) For 30 days after notifying the patient in writing, by
10 39 certified mail, or by other traceable delivery method, that a
11 Section 1. Subsection (1) and paragraph (e) of subsection 40 collection action will commence absent additional action by the
12 (2) of section 395.3011, Florida Statutes, are amended to read: 41 patient. However, a facility may engage in an extraordinary
13 395.3011 Billing and collection activities.— 42 collection action without providing 30 days’ notice if both of
14 (1) As used in this section, the term “extraordinary 43 the following conditions are met:
15 collection action” means any of the following actions taken by a 44 1. The facility contracts to sell an individual’s debt to
16 licensed facility against an individual in relation to obtaining 45 another party, provided that the debt may not incur interest or
17 payment of a bill for care covered under the facility’s 46 fees and that no other extraordinary actions are taken, as
18 financial assistance policy: 47 described in subsection (1).
19 (a) Selling the individual’s debt to another party. 48 2. If the debt is later determined to qualify for charity
20 (b) Reporting adverse information about the individual to 49 care under the facility’s financial assistance policy, such debt
21 consumer credit reporting agencies or credit bureaus. 50 is returned to the licensed facility.
22 (c) Deferring, denying, or requiring a payment before 51 Section 2. This act shall take effect July 1, 2025.
23 providing medically necessary care because of the individual’s
24 nonpayment of one or more bills for previously provided care
25 covered under the facility’s financial assistance policy.
26 (d) Actions that require a legal or judicial process,
27 including, but not limited to:
28 1. Placing a lien on the individual’s property;
29 2. Foreclosing on the individual’s real property;
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
3-3t-zr APPEARANCE RECORD b;e
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Deliver both copies of this form to
Senate professional staff conducting the meeting
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This form is part of the public record forthis meeting. s-001 (o8/10/2021)
The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 25, 2025
I respectfully request that CS/SB 656, relating to Health Care Billing and Collection Activities,
be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Ana Maria Rodriguez
Florida Senate, District 40
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1238
INTRODUCER: Commerce and Tourism Committee and Senator Rodriguez
SUBJECT: Fraud in the Reemployment Assistance Program
DATE: March 31, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Fav/CS
2. ATD
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1238 mandates that the Florida Department of Commerce (department):
• Disqualify claimants from receiving reemployment benefits if they failed, without good
cause:
o To appear for a scheduled job interview three or more times without notifying the
employer of the need to reschedule or cancel.
o To accept suitable work within two business days of the offer.
o To return to employment when recalled by their employer after a temporary layoff.
• Verify the identity of each claimant who applies for reemployment assistance benefits before
paying them out.
• Cross-check each claimant’s information to verify eligibility with the information in the
Systematic Alien Verification for Entitlements (SAVE) database.
• Cross-check specified information every two weeks a claimant makes a claim for benefits
and for the initial reemployment assistance claim.
• Investigate certain reemployment assistance claims with duplicative information and from
foreign Internet protocol addresses.
• Refer suspected and attempted fraudulent reemployment assistance claims to the Department
of Legal Affairs or a relevant state attorney.
• Maintain a web page and e-mail address for employers to report violations of ch. 443, F.S.
• Create a report on fraudulent reemployment assistance claims annually which must be
available on its website.
BILL: CS/SB 1238 Page 2
The bill takes effect on July 1, 2025.
II. Present Situation:
Unemployment Compensation Overview
According to the U.S. Department of Labor (USDOL), the Federal-State Unemployment
Insurance Program provides unemployment benefits to eligible workers who are unemployed
through no-fault of their own (as determined under state law) and who meet the requirements of
state law.1 The program is administered as a partnership of the federal government and the
states.2 The individual states collect unemployment compensation payroll taxes on a quarterly
basis, which are used to pay benefits, while the Internal Revenue Service collects an annual a
federal payroll tax under the Federal Unemployment Tax Act (FUTA).3 FUTA collections go to
the states for costs of administering state unemployment compensation and job service
programs.4 In addition, FUTA pays one-half of the cost of extended unemployment benefits
(during periods of high unemployment) and provides for a fund from which states may borrow, if
necessary, to pay benefits.5
States are permitted to set benefit eligibility requirements, the amount and duration of benefits,
and the state tax structure, as long as state law does not conflict with FUTA or Social Security
Act requirements.6 Florida’s program was created by the Legislature in 1937.7 The department is
the current agency responsible for administering Florida’s laws, primarily through its Division of
Workforce Services.8 The department contracts with the Florida Department of Revenue (DOR)
to provide unemployment tax collections services.9
State Reemployment Assistance Benefits
In Florida, which rebranded the unemployment compensation program as the reemployment
assistance program in 2012,10 a qualified claimant may receive benefits equal to 25 percent of
1
USDOL, State Unemployment Insurance Benefits, available at https://oui.doleta.gov/unemploy/uifactsheet.asp (last visited
Mar. 31, 2025).
2
There are 53 programs, including the 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia. USDOL,
Unemployment Compensation, Federal – State Partnership, available at https://oui.doleta.gov/unemploy/pdf/partnership.pdf
(last visited Mar. 31, 2025).
3
FUTA is codified at 26 U.S.C. § 3301-3311.
4
Julie M. Whittaker, CONG. RSCH. SERV., Unemployment Compensation: The Fundamentals of the Federal Unemployment
Tax (FUTA), available at https://www.congress.gov/crs_external_products/R/PDF/R44527/R44527.5.pdf (last visited Mar.
31, 2025).
5
USDOL, Unemployment Insurance Tax Topic, available at
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20emplo
yer's%20taxable%20wages.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state, (last
visited Mar. 31, 2025).
6
26 U.S.C. § 3304.
7
Chapter 18,402, Acts of 1937 Laws of Fla.
8
Section 443.1316, F.S.
9
Id.
10
Chapter 2012-30, Laws of Fla.
BILL: CS/SB 1238 Page 3
wages, not to exceed $6,325 in a benefit year.11 Benefits range from a minimum of $32 per week
to a maximum weekly benefit amount12 of $275, for a maximum of between 12 weeks and 23
weeks,13 depending on the claimant’s length of prior employment, wages earned, and the
unemployment rate.14
The maximum number of weeks available is set at the beginning of the year and applies for the
entire calendar year. The maximum number of weeks is based upon the average seasonally
adjusted statewide unemployment rate for the months of July, August, and September.15 If the
average rate for that most recent third calendar year quarter is at or below 5%, then the maximum
number of weeks of benefits available is 12 weeks. For each 0.5% step about 5%, an additional
week of benefits is added to the maximum duration, up to 23 weeks of benefits if that average
third quarter unemployment rate is 10.5%. On January 1, 2021, the maximum number of weeks
of benefits increased from 12 weeks to 19 weeks based on the three month average of July,
August, and September of 2020, which was 8.6%.16
To receive benefits, a claimant must meet certain monetary and non-monetary eligibility
requirements, including a claimant’s earnings during a certain period of time, the manner in
which the claimant became unemployed, and the claimant’s efforts to find new employment.17
Benefit Eligibility Conditions
A claimant must meet certain requirements in order to be eligible for benefits for each week of
unemployment. Generally, these include efforts related to finding new employment, such as:18
• Completing the department’s online work registration;
• Reporting to the One-Stop Career Center when directed to do so by the local CareerSource
board;
• Being able to and available for work;19
• Contacting at least five prospective employers each week or going to the One-Stop Career
Center for reemployment services; and
11
Section 443.111(5), F.S. The maximum amount of benefits available is calculated by multiplying an individual’s weekly
benefit amount by the number of available benefit weeks.
12
Pursuant to section 443.111(3), F.S., the “weekly benefit amount,” is an amount equal to one twenty-sixth of the total
wages for insured work paid during the quarter of the base period where the wages paid were highest.
13
Section 443.111(5)(c), F.S.
14
The average weekly benefit amount for each quarter in 2024 was: first quarter – $264; second quarter – $265; third
quarter – $263; and fourth quarter – $265. USDOL, Unemployment Insurance Data, run report for Florida, available at
https://oui.doleta.gov/unemploy/data_summary/DataSum.asp, (last visited Mar. 31, 2025).
15
Section 443.111(5)(a), F.S. Typically in the calculation of monthly unemployment rates, a rate is published about midway
through the following month and the revised rate is published about midway through the next month. See Dept. of
Commerce, Unemployment – Local Area Unemployment Statistics (LAUS) – Release Schedule, (2025), available at
http://lmsresources.labormarketinfo.com/library/DataReleaseSchedule.pdf, (last visited Mar. 31, 2025).
16
Dept. of Commerce, Florida Department of Economic Opportunity Announces Florida Achieves Six Consecutive Months
of Month-Over-Month Job Growth, (November 20, 2020), available at https://floridajobs.org/news-center/DEO-
Press/2020/11/20/florida-department-of-economic-opportunity-announces-florida-achieves-six-consecutive-months-of-
month-over-month-job-growth, (last visited Mar. 31, 2025).
17
See Section 443.091, F.S.
18
Section 443.091(1), F.S.,
19
“Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being
sought. “Available for work” means actively seeking and being ready and willing to accept suitable work. See Section
443.036(1) and (6), F.S. See also Rule 73B-11.021(2), F.A.C.
BILL: CS/SB 1238 Page 4
• Participating in reemployment services.20
For each week of benefits claimed, a claimant must submit to the department the name, address,
and telephone number of each prospective employer contacted.21 A claimant must be actively
seeking work to be considered available for work. “This means engaging in systematic and
sustained efforts to find work, including contacting at least five prospective employers for each
week of unemployment claimed” or three prospective employers for individuals who live in
small counties.22 Proof of work search efforts cannot include the same prospective employer at
the same location in three consecutive weeks, unless in the meantime the employer has indicated
that it is hiring.23 The department conducts random audits of the submitted information to verify
that claimants are meeting these requirements.24
Disqualification for Reemployment Assistance Benefits
Section 443.101, F.S., specifies the circumstances under which an individual would be
disqualified from receiving benefits. These circumstances include:
• Voluntarily leaving work without good cause, or being discharged by his or her employing
unit for misconduct connected with the work;25
• Failing to apply for available suitable work when directed by the department or the One-Stop
Career Center, to accept suitable work when offered, or to return to suitable self-employment
when directed to do so;26
• Making false or fraudulent representations in filing for benefits;
• Being discharged from employment due to drug use or rejection from a job offer for failing a
drug test; and
• Becoming unavailable for work due to incarceration or imprisonment.
The statute specifies the duration of the disqualification and the requirements for requalification
for an individual’s next benefit claim, depending on the reason for the disqualification.
Fraud Prevention Measures
Currently, the department employs multiple measures to combat fraud. The department:
• Uses software that blocks foreign or suspicious IP addresses to prevent claims from being
filed outside the country and detects multiple claim attempts from different states.
• Verifies identities through ID.me at the time of filing and interfaces with the Division of
Highway Safety and Motor Vehicles to verify identities.
20
See Section 443.091(1)(b), F.S.; Employ Florida, available at https://www.employflorida.com/vosnet/Default.aspx, (last
visited Mar. 31, 2025). Employ Florida Marketplace is a partnership of Workforce Florida, Inc., and the Department of
Commerce. It provides job-matching and workforce resources.
21
Section 443.091(1)(c)1., F.S.
22
Section 443.091(1)(d), F.S. A “small county” is a county that has a non-incarcerated population of 75,000 or less according
to the most recent decennial census. Section 120.52(19), F.S.
23
Section 443.091(1)(d), F.S.
24
Id.
25
An individual is not disqualified for voluntarily leaving temporary work to return to full time work, or to relocate with his
or her military spouse due to relocation orders, or due to circumstances related to domestic violence.
26
Section 443.101(2), F.S.
BILL: CS/SB 1238 Page 5
• Uses ICON with the Social Security Administration to ensure no duplicate claims have been
filed with other states.27
Moreover, the department has enhanced its fraud detection procedures by developing the Fraud
Initiative Rules and Ratings Engine (FIRRE) system, which is integrated with the National
Association of State Workforce Agencies’ (NASWA) Integrity Data Hub (IDH).28 The FIRRE
system, in combination with IDH, applies business rules designed to detect, flag, or lock
suspicious claims for further investigation by fraud unit staff.29
Additionally, the following cross-checks are performed regularly to verify claimant information:
• The United States Department of Health and Human Services National Directory of New
Hires conducts a weekly cross-check.
• The State Directory of New Hires completes a daily review.
• Incarceration data is cross-checked weekly using a vendor separate from the Department of
Corrections and the Social Security Administration, which gathers federal, state, and local
incarceration records.
• SAVE is used upon filing an initial claim to confirm eligibility.30
III. Effect of Proposed Changes:
Section 1 creates the act title “Promoting Work, Deterring Fraud Act of 2025.”
Disqualification for Benefits
Section 2 amends s. 443.101, F.S., to mandate that a claimant shall be disqualified from
reemployment assistance benefits if the department finds that the claimant failed, without good
cause:
• To appear for a scheduled job interview three or more times without notifying the
prospective employer of the need to reschedule or cancel.
• To accept suitable work within two business days of the offer of employment.
• To return to employment when recalled by the individual’s employer after a temporary
layoff.
Such disqualification continues for the full period of unemployment following one of these
failures and until the claimant has earned an income of at least seventeen times their weekly
benefit amount. The bill also gives the department rulemaking authority to implement this
subsection.
27
FLORIDA DEPT. OF COMMERCE, 2025 Agency Legislative Bill Analysis for SB 1238 (Mar. 27, 2025) (on file with the Senate
Commerce and Tourism Committee).
28
Id.
29
Id.
30
Id.; “SAVE is an online service for registered federal, state, territorial, tribal, and local government agencies to verify
immigration status and naturalized/acquired U.S. citizenship of applicants seeking benefits or licenses.” CITIZENSHIP AND
IMMIGR. SERV., SAVE, available at
https://www.uscis.gov/save#:~:text=SAVE%20is%20an%20online%20service%20for%20registered%20federal%2C,U.S.%2
0citizenship%20of%20applicants%20seeking%20benefits%20or%20licenses. (last visited Mar. 31, 2025).
BILL: CS/SB 1238 Page 6
Benefit Eligibility Conditions
Section 4 amends s. 443.091, F.S., to provide that the department may not deny benefits for any
week because a claimant failed to appear for an interview.
Fraud Prevention
Section 3 creates s. 443.1112, F.S., to require the department to verify the identity of each
claimant who applies for reemployment assistance benefit before paying out any benefits. For the
initial claim for benefits made by a claimant, the department must cross-check the information
contained in the claim with information in the SAVE database to verify the claimant’s eligibility.
For every two weeks that a claimant makes a claim for benefits, the department must cross-check
the information contained the claim to verify the claimant’s eligibility and to make sure the
claimant is living, not incarcerated, not already employed, and not filing fraudulent or
duplicative claims.
Additionally, the bill requires the department to:
• Investigate any claim associated with a mailing address, a bank account, an e-mail address, a
telephone number, or an Internet protocol address that is also associated with another existing
claim in Florida or another state. The department must verify that the claim in Florida is not
fraudulent before paying any benefits.
• Scrutinize claims filed from foreign Internet protocol addresses before paying any benefits.
• Refer any suspected or attempted fraudulent claims to the Department of Legal Affairs or the
state attorney of the judicial circuit in which the suspected fraudulent claims originated for
further investigation and potential prosecution.
Under the bill, the department must maintain a web page and e-mail address through which
employers may report known or suspected violations of ch. 443, F.S., which includes identify
theft, fraud, or reasons for which a claimant would be disqualified for benefits under s. 443.101,
F.S. Every year, the department must notify employers in Florida of the web page and e-mail
address for reporting violations.
Annually, the department must also make available on its website a report identifying:
• The number of fraudulent reemployment assistance claims identified for the year prior.
• The number of claims not paid due to successful detection of fraudulent intentions.
• The number of claims and the amount of benefits paid against claims subsequently identified
as fraudulent.
• The amount of fraudulent overpayments recovered.
• The number of fraudulent claims referred for investigation and possible prosecution.
This report must list the sources of information that were used to cross-check claims during the
reporting period.
Last, the bill does not limit the department’s ability to adopt additional strategies to limit waste,
fraud, and abuse in the reemployment assistance program.
BILL: CS/SB 1238 Page 7
Effective Date
Section 5 sets out an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate. If the provisions of the bill function to lower the amount of reemployment
assistance benefits paid out, employers could see a reduction in their contribution rates
over time.
C. Government Sector Impact:
According to the department, the verifications required in the bill will increase its
expenditure. There is a $1.50 transaction fee charged per transaction with the SAVE
system, which will increase each year. As the department receives an average of 30,000
claims per month, for the remainder of the 2025 calendar year, such expenditures could
be as high as $3.24 million. That department estimates that the increase in costs will be as
high as $8.64 million for 2026, $10.8 million for 2027, and $13.392 million for 2028.31
31
FLORIDA DEPT. OF COMMERCE, supra note 27.
BILL: CS/SB 1238 Page 8
VI. Technical Deficiencies:
None.
VII. Related Issues:
The Social Security Act (SSA) requires that state unemployment laws use “methods of
administration… to [e]nsure full payment of unemployment compensation when due.”32 Federal
regulation interprets this to mean that unemployment compensation benefits must be paid to
eligible claimants with the greatest promptness as administratively feasible.33 To comply with
this, states must issue at least 87% of all first payments within fourteen or twenty-one days after
the week ending date of the first compensable week in the benefit year.34 The U.S. Supreme
Court has determined that even when a claimant’s initial determination of eligibility is being
appealed by an employer, a state must continue to pay unemployment benefits each week while
the appeal process is taking place.35 As a result of this interpretation of the “when due” provision
of the SSA, a state cannot withhold benefits until a decision is made regarding a claimant’s
continuing eligibility.36
As the state must act promptly to verify an individual’s identity to ensure full payment of
unemployment benefits, the cross-checks under the bill may hinder the department’s ability to
ensure full payments when due. For continued claims, a timely payment requires that the
department decides each claim no later than the end of the week following the week in which the
issue is detected.37 Further, the department noted that:
If the decision is not issued timely, the state must continue to pay the continued
claim and issue a determination as soon as administratively feasible after payment
is made. If the Department is unable to make a determination regarding the
identity verification issue within the two-week benefit period for a continued
claim where a claimant is already receiving benefits, the Department will not be
able to comply with… the bill because i[t is] inconsistent with the “when due”
provision of section 303 of the SSA.38
VIII. Statutes Affected:
This bill creates section 443.1112 of the Florida Statutes.
32
42 U.S.C. s. 503(a)(1).
33
20 C.F.R. s. 640.3-640.4.
34
20 C.F.R. s. 640.5.
35
California v. Java, 402 U.S. 121, 132-135 (1971) (“Paying compensation to an unemployed worker promptly after an
initial determination of eligibility accomplishes the congressional purposes of avoiding resort to welfare and stabilizing
consumer demands; delaying compensation until months have elapsed defeats these purposes.”).
36
Id.
37
FLORIDA DEPT. OF COMMERCE, supra note 27.
38
Id.
BILL: CS/SB 1238 Page 9
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 31, 2025:
The amendment mandates that a claimant shall be disqualified from reemployment
assistance benefits if the department finds that the claimant failed, without good cause:
• To appear for a scheduled job interview three or more times without notifying the
employer of the need to reschedule or cancel.
• To accept suitable work within two business days of the offer.
• To return to employment when recalled by their employer after a temporary layoff.
The amendment gives the department rulemaking power to implement these new
disqualifiers. The amendment also clarifies that an otherwise eligible claimant may not be
denied benefits for any week for failing to appear for an interview for suitable work.
Additionally, the amendment requires:
• The department to cross-check the claimant’s initial claim information with the
Systematic Alien Verification for Entitlements Program established by the United
States Bureau of Citizenship and Immigration Services.
• For every two weeks that a claimant makes a claim for benefits, including the initial
claim for benefits, to verify a claimant’s eligibility for benefits, the department shall
cross-check the information contained in the claim to make sure that the claimant is
living, not incarcerated, not already employed, and not filing fraudulent or duplicate
claims.
• The department to cross-check claims that are associated with existing claims in other
states.
• The department to maintain a website and e-mail address for employers to report
violations of ch. 443, F.S.
• The department to list the sources of information it uses to cross-check claims in its
annual report.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1238 Bill No. SB 1238
Ì738334-Î738334 Ì738334-Î738334
LEGISLATIVE ACTION 11 (2) If the Department of Commerce finds that the individual
Senate . House 12 has failed without good cause to apply for available suitable
Comm: RCS . 13 work; to appear, on three or more occasions, for a scheduled job
03/31/2025 . 14 interview without notifying the prospective employer of the need
. 15 to cancel or reschedule the interview; to, accept suitable work
. 16 within 2 business days when offered to him or her; to, or return
. 17 to the individual’s customary self-employment when directed by
18 the department; or to return to employment when recalled to work
19 by the individual’s employer after a temporary layoff, the
20 disqualification continues for the full period of unemployment
21 next ensuing after he or she failed without good cause to apply
22 for available suitable work; to appear, on three or more
23 occasions, for a scheduled job interview without notifying the
24 prospective employer of the need to cancel or reschedule the
25 interview; to, accept suitable work;, or to return to his or her
The Committee on Commerce and Tourism (Rodriguez) recommended 26 customary employment or self-employment, and until the
the following: 27 individual has earned income of at least 17 times his or her
28 weekly benefit amount. The department shall by rule adopt
1 Senate Amendment (with title amendment) 29 criteria to implement this subsection, including for determining
2 30 the “suitability of work,” as used in this section. In
3 Delete everything after the enacting clause 31 developing these rules, the department shall consider the
4 and insert: 32 duration of a claimant’s unemployment in determining the
5 Section 1. This act may be cited as the “Promoting Work, 33 suitability of work and the suitability of proposed rates of
6 Deterring Fraud Act of 2025.” 34 compensation for available work. Further, after an individual
7 Section 2. Subsection (2) of section 443.101, Florida 35 has received 25 weeks of benefits in a single year, suitable
8 Statutes, is amended to read: 36 work is a job that pays the minimum wage and is 120 percent or
9 443.101 Disqualification for benefits.—An individual shall 37 more of the weekly benefit amount the individual is drawing.
10 be disqualified for benefits: 38 (a) In determining whether or not any work is suitable for
39 an individual, the department shall consider the degree of risk
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1238 Bill No. SB 1238
Ì738334-Î738334 Ì738334-Î738334
40 to the individual’s health, safety, and morals; the individual’s 69 (2) For the initial claim for benefits made by a claimant
41 physical fitness, prior training, experience, prior earnings, 70 and as necessary to verify a claimant’s eligibility for
42 length of unemployment, and prospects for securing local work in 71 benefits, the department shall cross-check the information
43 his or her customary occupation; and the distance of the 72 contained in the claim with information in the database of the
44 available work from his or her residence. 73 Systematic Alien Verification for Entitlements Program
45 (b) Notwithstanding any other provisions of this chapter, 74 established by the United States Bureau of Citizenship and
46 work is not deemed suitable and benefits may not be denied to 75 Immigration Services.
47 any otherwise eligible individual for refusing to accept new 76 (3) For every 2 weeks that a claimant makes a claim for
48 work under any of the following conditions: 77 benefits, including the initial claim for benefits, to verify a
49 1. The position offered is vacant due directly to a strike, 78 claimant’s eligibility for benefits, the department shall cross-
50 lockout, or other labor dispute. 79 check the information contained in the claim to make sure that
51 2. The wages, hours, or other conditions of the work 80 the claimant is:
52 offered are substantially less favorable to the individual than 81 (a) Living.
53 those prevailing for similar work in the locality. 82 (b) Not incarcerated.
54 3. As a condition of being employed, the individual is 83 (c) Not already employed.
55 required to join a company union or to resign from or refrain 84 (d) Not filing fraudulent or duplicate claims.
56 from joining any bona fide labor organization. 85 (4) The department shall do all of the following:
57 (c) If the department finds that an individual was rejected 86 (a) Investigate any claim in this state associated with a
58 for offered employment as the direct result of a positive, 87 mailing address, a bank account, an e-mail address, a telephone
59 confirmed drug test required as a condition of employment, the 88 number, or an Internet protocol address that is also associated
60 individual is disqualified for refusing to accept an offer of 89 with another existing claim for reemployment assistance benefits
61 suitable work. 90 in this state or another state and verify that the claim in this
62 Section 3. Section 443.1112, Florida Statutes, is created 91 state is legitimate and not fraudulent before paying any
63 to read: 92 benefits for the claim.
64 443.1112 Verification of reemployment assistance benefit 93 (b) Scrutinize any claim in this state filed from a foreign
65 eligibility; detection of fraud.— 94 Internet protocol address before paying any benefits for the
66 (1) The Department of Commerce shall verify the identity of 95 claim.
67 each claimant who applies for reemployment assistance benefits 96 (c) Refer any suspected fraudulent or attempted fraudulent
68 before paying any benefits to that individual. 97 claim identified by the department to the Department of Legal
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1238 Bill No. SB 1238
Ì738334-Î738334 Ì738334-Î738334
98 Affairs and the state attorney of the judicial circuit in which 127 Section 4. Paragraph (d) of subsection (1) of section
99 the suspected fraudulent claim originated for further 128 443.091, Florida Statutes, is amended to read:
100 investigation and potential prosecution. 129 443.091 Benefit eligibility conditions.—
101 (d) Maintain a web page and an e-mail address through which 130 (1) An unemployed individual is eligible to receive
102 an individual or an employer may report known or suspected 131 benefits for any week only if the Department of Commerce finds
103 violations of this chapter, including identity theft, fraud, or 132 that:
104 reasons for which a claimant would be disqualified for benefits 133 (d) She or he is able to work and is available for work. In
105 under s. 443.101, including, but not limited to, failing to 134 order to assess eligibility for a claimed week of unemployment,
106 appear for a previously scheduled job interview without 135 the department shall develop criteria to determine a claimant’s
107 notifying the prospective employer of the need to cancel or 136 ability to work and availability for work. A claimant must be
108 reschedule the interview or failing to accept suitable work 137 actively seeking work in order to be considered available for
109 within 2 business days when offered to him or her. Each year, 138 work. This means engaging in systematic and sustained efforts to
110 the department shall notify employers in this state of this web 139 find work, including contacting at least five prospective
111 page and e-mail address for reporting violations. 140 employers for each week of unemployment claimed. The department
112 (e) Annually make available on its website a report 141 may require the claimant to provide proof of such efforts to the
113 identifying the number of fraudulent reemployment assistance 142 one-stop career center as part of reemployment services. A
114 claims identified for the previous year, the number of claims 143 claimant’s proof of work search efforts may not include the same
115 not paid due to successful detection of fraudulent intentions, 144 prospective employer at the same location in 3 consecutive
116 the number of claims and the amount of reemployment assistance 145 weeks, unless the employer has indicated since the time of the
117 benefits paid against claims subsequently identified as 146 initial contact that the employer is hiring. The department
118 fraudulent, the amount of fraudulent overpayments recovered, and 147 shall conduct random reviews of work search information provided
119 the number of fraudulent claims referred for investigation and 148 by claimants. As an alternative to contacting at least five
120 possible prosecution. The report must also list the sources of 149 prospective employers for any week of unemployment claimed, a
121 information that were used to cross-check claims during the 150 claimant may, for that same week, report in person to a one-stop
122 reporting period. 151 career center to meet with a representative of the center and
123 (4) This section may not be construed as limiting the 152 access reemployment services of the center. The center shall
124 ability of the department to adopt additional mechanisms and 153 keep a record of the services or information provided to the
125 strategies designed to limit waste, fraud, and abuse in the 154 claimant and shall provide the records to the department upon
126 reemployment assistance program. 155 request by the department. However:
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1238 Bill No. SB 1238
Ì738334-Î738334 Ì738334-Î738334
156 1. Notwithstanding any other provision of this paragraph or 185 5. The work search requirements of this paragraph do not
157 paragraphs (b) and (e), an otherwise eligible individual may not 186 apply to persons who are unemployed as a result of a temporary
158 be denied benefits for any week because she or he is in training 187 layoff or who are claiming benefits under an approved short-time
159 with the approval of the department, or by reason of s. 188 compensation plan as provided in s. 443.1116.
160 443.101(2) relating to failure to apply for, failure to appear 189 6. In small counties as defined in s. 120.52(19), a
161 for an interview for, or refusal to accept, suitable work. 190 claimant engaging in systematic and sustained efforts to find
162 Training may be approved by the department in accordance with 191 work must contact at least three prospective employers for each
163 criteria prescribed by rule. A claimant’s eligibility during 192 week of unemployment claimed.
164 approved training is contingent upon satisfying eligibility 193 7. The work search requirements of this paragraph do not
165 conditions prescribed by rule. 194 apply to persons required to participate in reemployment
166 2. Notwithstanding any other provision of this chapter, an 195 services under paragraph (e).
167 otherwise eligible individual who is in training approved under 196 Section 5. This act shall take effect July 1, 2025.
168 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 197
169 determined ineligible or disqualified for benefits due to 198 ================= T I T L E A M E N D M E N T ================
170 enrollment in such training or because of leaving work that is 199 And the title is amended as follows:
171 not suitable employment to enter such training. As used in this 200 Delete everything before the enacting clause
172 subparagraph, the term “suitable employment” means work of a 201 and insert:
173 substantially equal or higher skill level than the worker’s past 202 A bill to be entitled
174 adversely affected employment, as defined for purposes of the 203 An act relating to verification of reemployment
175 Trade Act of 1974, as amended, the wages for which are at least 204 assistance benefit eligibility; providing a short
176 80 percent of the worker’s average weekly wage as determined for 205 title; amending s. 443.101, F.S.; revising
177 purposes of the Trade Act of 1974, as amended. 206 circumstances under which the Department of Commerce
178 3. Notwithstanding any other provision of this section, an 207 may disqualify claimants from receiving reemployment
179 otherwise eligible individual may not be denied benefits for any 208 assistance benefits; creating s. 443.1112, F.S.;
180 week because she or he is before any state or federal court 209 requiring the department to verify claimants’
181 pursuant to a lawfully issued summons to appear for jury duty. 210 identities before paying reemployment assistance
182 4. Union members who customarily obtain employment through 211 benefits; requiring the department to cross-check
183 a union hiring hall may satisfy the work search requirements of 212 certain information on a specified schedule; providing
184 this paragraph by reporting daily to their union hall. 213 duties of the department; requiring the department to
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Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1238
Ì738334-Î738334
214 maintain a web page and an e-mail address for a
215 specified purpose and to notify employers each year of
216 the web page and e-mail address; requiring the
217 department to annually make certain information
218 available on its website; providing construction;
219 amending s. 443.091, F.S.; conforming a provision to
220 changes made by the act; providing an effective date.
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Florida Senate - 2025 SB 1238 Florida Senate - 2025 SB 1238
By Senator Rodriguez
40-01093-25 20251238__ 40-01093-25 20251238__
1 A bill to be entitled 30 Section 2. Section 443.1112, Florida Statutes, is created
2 An act relating to fraud in the reemployment 31 to read:
3 assistance program; providing a short title; creating 32 443.1112 Program integrity.—
4 s. 443.112, F.S.; requiring the Department of Commerce 33 (1) The Department of Commerce shall verify the identity of
5 to verify the identity of claimants who apply for 34 each claimant who applies for reemployment assistance benefits
6 reemployment assistance benefits before paying any 35 before paying any benefits to that individual.
7 benefits to them; requiring the department, weekly, to 36 (2) In determining the eligibility of a claim for
8 cross-check information with specified sources to 37 reemployment benefits, the department shall, on a weekly basis,
9 verify such claims; prohibiting the payment of 38 cross-check the information contained in the claim with the
10 reemployment assistance benefits to any claimant who 39 following:
11 has not been verified; requiring the department to 40 (a) The National Association of State Workforce Agencies’
12 investigate claims associated with other claims that 41 Integrity Data Hub;
13 have the same specific identifiers; requiring the 42 (b) The United States Department of Health and Human
14 department to scrutinize claims filed from foreign 43 Services National Directory of New Hires;
15 Internet protocol addresses before paying benefits on 44 (c) The State Directory of New Hires as created in s.
16 such claims; requiring that any suspected fraudulent 45 409.2576;
17 claim be referred to the Department of Legal Affairs 46 (d) The Department of Corrections’ offender network;
18 or the state attorney of the judicial circuit in which 47 (e) The Social Security Administration’s Prisoner Update
19 the suspected fraudulent claim originated from for 48 Processing System;
20 further investigation and prosecution; requiring the 49 (f) The Centers for Disease Control and Prevention’s
21 Department of Commerce to report to the Legislature 50 National Vital Statistics System’s National Death Index;
22 annually with specific information; requiring such 51 (g) The Department of Health’s Bureau of Vital Statistics’
23 report to be available on the department’s website; 52 death records database; and
24 providing construction; providing an effective date. 53 (h) The U.S. Citizenship and Immigration Services’ SAVE
25 54 database.
26 Be It Enacted by the Legislature of the State of Florida: 55 (3) Reemployment assistance benefits administered by the
27 56 Department of Commerce may not be paid to any claim that has not
28 Section 1. This act may be cited as “Protecting the 57 been subjected to the cross-checks required in subsection (2).
29 Reemployment Assistance Program from Fraud Act of 2025.” 58 (4) The department shall investigate any claim for benefits
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2025 SB 1238
40-01093-25 20251238__
59 associated with a mailing address, bank account, e-mail address,
60 phone number, or Internet protocol address associated with
61 another existing claim for benefits and verify the claim is
62 legitimate and not fraudulent before paying any benefits for
63 that claim. Additionally, the department shall scrutinize any
64 claim filed from a foreign Internet protocol address before
65 paying benefits to that claim.
66 (5) Any suspected fraudulent or attempted fraudulent claim
67 identified by the department shall be referred to the Department
68 of Legal Affairs or the state attorney of the judicial circuit
69 in which the suspected fraudulent claim originated for further
70 investigation and potential prosecution.
71 (6) Annually, the Department of Commerce shall report to
72 the Legislature, and make available on its website, a report
73 identifying the number of fraudulent reemployment assistance
74 claims identified for the year prior, the number of claims not
75 paid due to successful detection of fraudulent intentions, the
76 number of claims and the amount of benefits paid against claims
77 subsequently identified as fraudulent, the amount of fraudulent
78 overpayments recovered, and the number of fraudulent claims
79 referred for investigation and possible prosecution.
80 (7) This section may not be construed as limiting the
81 ability of the department to adopt additional mechanisms and
82 strategies designed to limit waste, fraud, and abuse in the
83 reemployment assistance program.
84 Section 3. This act shall take effect July 1, 2025.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
2025 AGENCY LEGISLATIVE BILL ANALYSIS
Department of Commerce
BILL INFORMATION
BILL NUMBER: SB 1238
BILL TITLE: Fraud in the Reemployment Assistance Program
BILL SPONSOR: Rodriguez
EFFECTIVE DATE: 7/1/2025
COMMITTEES OF REFERENCE CURRENT COMMITTEE
1) Senate Commerce and Tourism N/A
2) Senate Appropriations Committee on Transportation,
Tourism, and Economic Development
SIMILAR BILLS
3) Senate Fiscal Policy
BILL NUMBER: HB 1157
4)
SPONSOR:
Abbott
5)
IDENTICAL BILLS
PREVIOUS LEGISLATION BILL NUMBER:
BILL NUMBER: SPONSOR:
N/A
SPONSOR:
YEAR: Is this bill part of an agency package?
LAST ACTION: No
BILL ANALYSIS INFORMATION
DATE OF ANALYSIS:
LEAD AGENCY ANALYST:
ADDITIONAL ANALYST(S):
LEGAL ANALYST:
FISCAL ANALYST:
2025 Agency Bill Analysis
POLICY ANALYSIS
1. EXECUTIVE SUMMARY
The bill expands and reinforces measures to combat fraud in the reemployment assistance program.
2. SUBSTANTIVE BILL ANALYSIS
1. PRESENT SITUATION:
FloridaCommerce employs multiple measures to combat fraud. It uses software that blocks foreign or suspicious
IP addresses to prevent claims from being filed outside the country and detects multiple claim attempts from
different states. Identity verification is conducted through ID.me at the time of filing, and the agency interfaces with
the Division of Highway Safety and Motor Vehicles to verify identities. Additionally, FloridaCommerce utilizes
ICON with the Social Security Administration to ensure no duplicate claims have been filed in other states.
To enhance fraud detection, FloridaCommerce has developed the Fraud Initiative Rules and Ratings Engine
(FIRRE) system, which is integrated with the National Association of State Workforce Agencies’ (NASWA)
Integrity Data Hub (IDH). The FIRRE system, in combination with IDH, applies business rules designed to detect,
flag, or lock suspicious claims for further investigation by fraud unit staff.
Several cross-checks are performed regularly to verify claimant information. The United States Department of
Health and Human Services National Directory of New Hires conducts a weekly cross-check, while the State
Directory of New Hires completes a daily review. Incarceration data is also cross-checked weekly using a vendor
separate from the Department of Corrections and the Social Security Administration, which gathers federal, state,
and local incarceration records. Additionally, Systematic Alien Verification for Entitlements (SAVE) is used upon
filing an initial claim to confirm eligibility.
2. EFFECT OF THE BILL:
The bill establishes Section 443.1112, Florida Statutes – the “Protecting Reemployment Assistance Program from
Fraud Act of 2025.”
The bill mandates the Department of Commerce to verify the identity of each claimant before disbursing any
reemployment assistance benefits.
The bill requires the Department of Commerce to verify the identity of each claimant who applies for reemployment
assistance benefits before paying benefits to that individual. This bill specifies that the Department of Commerce
must cross-check claim information on a weekly basis with:
• The National Association of State Workforce Agencies' Integrity Data Hub;
• The United States Department of Health and Human Services National Directory of New Hires;
• The State Directory of New Hires;
• The Department of Corrections' offender network;
• The Social Security Administration's Prisoner Update Processing System;
• The Centers for Disease Control and Prevention's National Vital Statistics System's National Death Index;
• The Department of Health's Bureau of Vital Statistics' death records database; and
• The USCIS SAVE database.
The bill prohibits the payment of reemployment assistance benefits unless the claim has passed the required cross-
checks.
The bill requires the Department to investigate claims that share identifiers with other claims and scrutinize claims
filed from foreign IP addresses before approving payment.
The bill requires the Department to refer any suspected fraudulent claims to the Department of Legal Affairs or the
appropriate state attorney for further investigation and possible prosecution.
The bill requires the Department of Commerce to annually report to the Legislature on fraudulent claims identified,
claims denied due to fraud detection, and the amount recovered from fraudulent overpayments. The report is required
to also be made available on the Department's website.
2
2025 Agency Bill Analysis
The bill allows the Department to develop additional methods to prevent waste, fraud, and abuse in the reemployment
assistance program.
3. DOES THE LEGISLATION DIRECT OR ALLOW THE AGENCY/BOARD/COMMISSION/DEPARTMENT TO
DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR PROCEDURES?
If yes, explain: No
What is the expected
impact to the agency’s core
mission?
Rule(s) impacted (provide
references to F.A.C., etc.):
4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER GROUPS?
List any known proponents N/A
and opponents:
Provide a summary of the
proponents’ and opponents’
positions:
5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS BILL?
If yes, provide a Yes - The bill requires the Department of Commerce to annually report to the
description: Legislature on fraudulent claims identified, claims denied due to fraud
detection, and the amount recovered from fraudulent overpayments. The
report is required to also be made available on the Department's website.
Date Due: N/A
Bill Section Number(s): 6
6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK
FORCES, COUNCILS, COMMISSION, ETC. REQUIRED BY THIS BILL?
Board: N/A
Board Purpose:
Who Appointments:
Appointee Term:
Changes:
Bill Section Number(s):
FISCAL ANALYSIS
1. WHAT IS THE FISCAL IMPACT TO LOCAL GOVERNMENT?
Revenues: N/A
Expenditures: N/A
Does the legislation
increase local taxes or
fees?
3
2025 Agency Bill Analysis
If yes, does the legislation
provide for a local
referendum or local
governing body public vote
prior to implementation of
the tax or fee increase?
2. WHAT IS THE FISCAL IMPACT TO STATE GOVERNMENT?
Revenues: N/A
Expenditures: There is a per transaction fee charge to use the SAVE system. This year, it’s
$1.50 per transaction, next year it increases to $2.00, then to $2.50, and $3.10
in 2028. An individual normally can receive 12 weeks of benefits, so this could
cost up to $18 per claimant for the remainder of calendar year 2025.
The Department receives an average of approximately 30,000 claims per
month.
This means that for the remainder of calendar year 2025 (July-December), the
fiscal impact could be as high as $3.24 million.
The annual costs would increase based on the increase in costs to use the
SAVE system. This means that for each calendar year below, the costs could
be as high as:
Calendar Year 2026 - $8.64 million
Calendar Year 2027 - $10.8 million
Calendar year 2028 - $13.392 million
Does the legislation contain No.
a State Government
appropriation?
If yes, was this
appropriated last year?
3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE SECTOR?
Revenues:
Expenditures:
Other:
4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR FINES?
Does the bill increase No
taxes, fees or fines?
Does the bill decrease No
taxes, fees or fines?
What is the impact of the N/A
increase or decrease?
Bill Section Number:
4
2025 Agency Bill Analysis
TECHNOLOGY IMPACT
Does the legislation impact Yes.
the agency’s technology
systems (i.e., IT support,
licensing software, data
storage, etc.)?
If yes, describe the FloridaCommerce currently crossmatches to pull all the data required by this
anticipated impact to the bill. However, in some instances we use a different vendor that provides more
agency including any fiscal or better information than what the agencies listed in this bill provide. Requiring
impact. the Department to cross-check with a specific entity may require new contracts
and system builds.
FEDERAL IMPACT
Does the legislation have a Yes – The United States Department of Labor supports states’ efforts to verify
federal impact (i.e. federal claimant identity as part of the claims process to prevent and detect fraudulent
compliance, federal funding, claims and resulting improper payments, so long as adjudication standards
federal agency involvement, and requirements for timely payment are adhered to. The Secretary’s
etc.)? standards for benefit payment promptness, found in 20 CFR Part 640, require
the state to issue at least 87 percent of all first payments within 14 or 21 days
(depending on whether the state has a waiting week) after the week ending
date of the first compensable week in the benefit year. The “methods of
administration” provision in Section 303(a)(1) of the Social Security Act has
been interpreted to require that Unemployment Compensation (UC) be paid
with the greatest promptness as administratively feasible. (See 20 CFR
640.3(a) and the Supreme Court’s decision in California v. Java, 402 U.S.
121).
If yes, describe the
anticipated impact including
any fiscal impact.
ADDITIONAL COMMENTS
5
2025 Agency Bill Analysis
LEGAL - GENERAL COUNSEL’S OFFICE REVIEW
Issues/concerns/comments The bill requires weekly cross-checks to verify a claimant’s identity. The bill also
and recommended action: provides that the Department may not pay benefits to any claim that has not
been subjected to the weekly cross-checks. Section 303(a)(1) of the Social
Security Act (SSA) requires that a state have methods of administration to
reasonably ensure the full payment of Reemployment Assistance when due.
Once a claim has been established and payments have been issued, there is a
presumption of eligibility. Therefore, there must be evidence on the record that
substantiates a reasonable basis for stopping payments once a determination of
eligibility has been made and payments have been issued. When a state
obtains information through automated systems or other sources that question
whether the name and/or Social Security Number used to file a claim belong to
the individual who is filing the claim, the state must act quickly to: i) provide the
individual with proper notice and an opportunity to provide information to resolve
the issue; ii) decide whether or not sufficient information has been provided to
verify the individual’s ID; and iii) issue a written determination.
States must act promptly to verify an individual’s ID to meet the requirement of
section 301(a)(1), SSA, that the state have methods of administration
reasonably calculated to ensure full payment of Reemployment Assistance
when due. For continued claims, timely payment (i.e., payment “when due”)
means that a determination is made no later than the end of the week following
the week in which the issue is detected. If the decision is not issued timely, the
state must continue to pay the continued claim and issue a determination as
soon as administratively feasible after payment is made. If the Department is
unable to make a determination regarding the identity verification issue within
the two-week benefit period for a continued claim where a claimant is already
receiving benefits, the Department will not be able to comply with section
443.1112(3) of the bill because it’s inconsistent with the when due provision of
section 303 of the SSA.
6
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Committee Agenda Request
To: Senator Tom Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 3, 2025
I respectfully request that Senate Bill #1238, relating to Fraud in the Reemployment Assistance
Programbe placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Ana Maria Rodriguez
Florida Senate, District 40
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 910
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator
Collins
SUBJECT: Veterans’ Benefits Assistance
DATE: March 28, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Proctor MS Fav/CS
2. Renner McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 910 creates s. 501.9741, F.S., to govern the payment of fees by a veteran to an
unaccredited person for advising, assisting, or consulting in securing federal benefits.
The bill authorizes compensation for advising, assisting, or consulting with an individual
regarding any preparation, presentation, or prosecution of a veteran’s claim, or a claim by any
other individual under the laws and regulations administered by the Florida Department of
Veterans’ Affairs (FDVA) or the United States Department of Veterans Affairs (VA) if, before
rendering services, a written agreement is executed. Compensation for such services is
contingent upon securing an increase in benefits awarded and may not exceed the lesser of five
times the amount of the monthly increase in benefits awarded based on the claim or $12,500.
The bill prohibits a provider from guaranteeing, either directly or by implication, a successful
outcome or that an individual is certain to receive specific veterans’ benefits or a specific level,
percentage, or amount of veterans’ benefits. In addition, the bill prohibits compensation for
referring an individual to another person who will advise, assist, or consult with the individual
regarding any preparation, presentation, or prosecution of a veteran’s claim.
A violation of the provisions of the bill is a violation of the Florida Deceptive and Unfair Trade
Practices Act (FDUTPA).
BILL: CS/SB 910 Page 2
The bill may not be construed as applying to, limiting, or expanding the requirements imposed
on agents or employees of the FDVA or agents or attorneys accredited by the VA.
The bill may have an indeterminate fiscal impact on state government. See Section V. Fiscal
Impact Statement.
The bill takes effect upon becoming a law.
II. Present Situation:
Veterans in Florida
Other than California and Texas, Florida has the third largest population of veterans.1 More than
1.4 million veterans reside in the state, which is 12 percent of the state’s population of adults
aged 18 and over.2 Additionally, Florida has the second largest population of veterans who are
women, at more than 168,000. Veterans who are women is one of the fastest growing groups
among the veterans’ population.3
State Benefits for Veterans
In addition to federal benefits, veterans in the state have access to a multitude of benefits. The
FDVA educates and assists veterans to help them access services and benefits in housing, health
care, disability claims, education, burial benefits, and employment including veterans’
preference.4
The FDVA also annually produces the Florida Veterans’ Benefits Guide, to connect veterans and
their families with earned federal and state benefits, services, and support. The guide provides a
comprehensive listing of services and benefits for veterans in the state.5
Veterans Claims Examiners
The FDVA oversees and operates as part of its jurisdiction the Division of Veterans’ Benefits
and Assistance. A bureau within the division is the Bureau of Veteran Claim Services.6 Through
the Bureau, veterans’ claims examiners assist veterans in securing earned services, benefits, and
support.
1
Dep’t of Veterans’ Affairs, Our Veterans, available at https://www.floridavets.org/our-veterans/ (last visited March 28,
2025).
2
Id.
3
Dep’t of Veterans’ Affairs, Women Veterans, available at https://floridavets.org/our-veterans/women-veterans/ (last visited
March 28, 2025).
4
Dep’t of Veterans’ Affairs, Benefits & Services, available at https://www.floridavets.org/benefits-services/ (last visited
March 28, 2025).
5
Dep’t of Veterans’ Affairs, Florida Veterans’ Benefits Guide, available at https://floridavets.org/resources/va-benefits-
guide/ (last visited March 28, 2025).
6
Section 20.37(2), F.S.
BILL: CS/SB 910 Page 3
The FDVA houses claims examiner offices throughout the state, including at the VA Regional
Office in Bay Pine, each VA Medical Center, and many VA Outpatient Clinics.7 Claims
assistance is provided at no cost and covers all state and federal veterans’ programs.8
City and County Veteran Service Officers
City and county veteran service officers are hired locally, respectively by their local municipality
or the board of county commissioners.9 To qualify, an applicant must be a veteran who:
• Served in the active military, naval, or air service; and
• Was discharged or released under honorable conditions or who later received an upgraded
discharge under honorable conditions.10,11
The applicant must additionally have a minimum of a 2-year degree from an accredited
university, college, or community college or a high school degree or its equivalent and 4 years of
administrative experience.12 A surviving spouse of a veteran may be hired if the veteran spouse
meets these qualifications.13
The FDVA provides required training for county and city veteran service officers to assist
veterans,14 and every county or city veteran service officer must additionally successfully pass a
test administered by the FDVA. In addition, the FDVA establishes periodic training refresher
courses, with completion a condition of continuing employment.15
1-Year Presumptive Period
The “1-year presumptive period” for veterans refers to a period within one year of their
discharge from active service where the VA presumes certain chronic conditions,16 like
hypertension, arthritis, or diabetes, to be service-related, simplifying the process of obtaining
disability compensation.17
Some illnesses may be covered even if they appear after the 1-year presumptive period, such as:
• Hansen’s disease can appear within 3 years after discharge.
• Tuberculosis can appear within 3 years after discharge.
• Multiple sclerosis can appear within 7 years after discharge.
7
Dep’t of Veterans’ Affairs, Benefits & Services, Claims, available at https://www.floridavets.org/benefits-services/claims/
(last visited March 28, 2025).
8
Id. and Dep’t of Veterans’ Affairs, Florida Veterans’ Benefits Guide 2025, p. 8, available at https://floridavets.org/wp-
content/uploads/2012/08/FDVA-Benefits-Guide.pdf?v=2025b (last visited March 28, 2025).
9
Section 292.11(1), F.S.
10
Id.
11
Section 1.01(14), F.S.
12
Section 292.11(1), F.S.
13
Id.
14
Section 292.11(4), F.S.
15
Id.
16
38 CFR s.3.309 (Disease subject to presumptive service connection.).
17
U.S. Department of Veterans Affairs, Disabilities that appear within 1 year after discharge, available at
https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/#content (last visited March 28, 2025).
BILL: CS/SB 910 Page 4
• Amyotrophic lateral sclerosis, also known as Lou Gehrig’s, can appear any time after
discharge.18
Federal Law on Paid Services for Benefit Assistance of Veterans
Accreditation refers to the authority granted by the VA to assist claimants in preparing,
presenting, and prosecuting claims for benefits.19 Unaccredited individuals may provide other
services to veterans; however, federal law prohibits unaccredited individuals from assisting in
the preparation, presentation, and prosecution of claims and applications for VA benefits.20,21
Maine,22 Utah23 and New Jersey24 have passed laws limiting for-profit consultants in VA benefit
matters, and similar bills have been introduced in New York25 and 17 other states.26 In 2024,
Louisiana enacted a law27 to allow unaccredited consultants to charge up to $12,500 for directing
veterans on how to fill out their disability forms.28
Federal law governs the payment of fees by a veteran to an accredited agent or attorney for
representation in all proceedings in securing federal benefits.29 Pursuant to federal law, only an
accredited attorney or agent may receive fees for representation before an agency of original
jurisdiction or the Board of Veterans’ Appeals, subject to limitation.30
An accredited attorney or a claims agent may never charge a claimant or receive a fee or a gift
from a claimant for assistance with preparing and filing an initial VA benefits claim. (“[A] fee
may not be charged, allowed, or paid for services of agents and attorneys . . . provided before the
date on which a claimant is provided notice of [VA]’s initial decision . . . with respect to the
case.”)31 Charging a fee or accepting a gift on an initial claim - including charging for assistance
with gathering necessary documents and filling out forms - is a violation of the VA Standards of
Conduct,32 and grounds for cancellation of VA accreditation. However, once a claimant receives
18
Id. and 38 CFR s. 3.309.
19
38 CFR s. 14.627(a).
20
U.S. Department of Veterans Affairs, Office of General Counsel, Accreditation Frequently Asked Questions, available at
https://www.va.gov/ogc/accred_faqs.asp (last visited March 28, 2025).
21
See 38 USC s. 5901 (stating that “no individual may act as an agent or attorney in the preparation, presentation, or
prosecution of any” VA claim unless the individual has been accredited by the Secretary [of Veteran Affairs]).
22
Maine SP 976 (2024).
23
Utah HB 248 (2025).
24
New Jersey S 3292 (2023).
25
New York S 1176 (2025).
26
Anna Claire Vollers, States go after ‘claim sharks’ that charge vets for help with disability claims, Missouri Independent,
Dec. 9, 2024, available at https://missouriindependent.com/2024/12/09/states-go-after-claim-sharks-that-charge-vets-for-
help-with-disability-claims/ (last visited March 28, 2025).
27
Louisiana SB 159 (2024).
28
Wes Muller, Louisiana enacts law to let consultants profit off disabled veterans’ benefit claims, Alabama Reflector, June 7,
2024, available at https://alabamareflector.com/2024/06/07/louisiana-enacts-law-to-let-consultants-profit-off-disabled-
veterans-benefit-claims/ (last visited March 28, 2025).
29
38 CFR s. 14.636.
30
Id.
31
38 USC 5904(c)(1).
32
38 CFR ss. 14.632(c)(5) and (6).
BILL: CS/SB 910 Page 5
an initial decision on a claim or claims, an accredited attorney or a claims agent may charge a fee
for assisting a claimant in seeking review of those claims.33
Fee Agreement
Federal law requires that a fee agreement include:
• The name of the veteran;
• The name of the claimant or appellant if other than the veteran;
• The name of any disinterested third-party payer and their relationship with the veteran,
claimant, or appellant;
• The VA file number;
• Specific terms under which the amount to be paid for services is determined; and
• If the VA is to pay the agent or attorney directly out of past due benefits.34
A fee agreement must also include the following statement, signed by the provider:
“I certify that no agreement, oral or otherwise, exists under which the claimant
or appellant will provide anything of value to the third-party payer in this case
in return for payment of my fee or salary, including, but not limited to,
reimbursement of any fees paid.”35
Amount of Fees
Federal law requires that a fee charged for services must be reasonable, based on:
• The extent and type of services performed;
• The complexity of the case;
• The level of skill and competence required in giving the services;
• The amount of time spent on the case;
• The results achieved, including the amount of benefits recovered;
• The level of review to which the claim was taken and the representative retained;
• Rates charged by other representatives for similar services;
• Whether, and to what extent, the payment of fees is contingent upon the results achieved; and
• If applicable, why an agent or attorney was discharged or withdrew from representation
before the date of the decision awarding benefits.36
Further, a presumption of reasonableness applies if a fee does not exceed 20 percent of a past-
due benefit and the representative provided service through the date of the decision awarding
benefits. If a fee exceeds 33 and 1/3 percent of a past-due benefit, it is considered unreasonable.
Each presumption is rebuttable upon a showing of clear and convincing evidence.37
33
38 CFR s. 14.636(c) and U.S. Department of Veterans Affairs, Tips on Fee Agreements for Veterans Claims, available at
https://www.va.gov/OGC/docs/Accred/TipsonFeeAgreementsforVeteransClaims.pdf (last visited March 28, 2025).
34
38 CFR s. 14.636(g).
35
38 CFR s. 14.636(d)(2)(iii).
36
38 CFR s. 14.636(e).
37
38 CFR s. 14.636(f).
BILL: CS/SB 910 Page 6
Filing of a Notice of Disagreement
A Notice of Disagreement is a filing by a claimant who disagrees with the decision made by the
VA on a disability compensation claim.38 Although the claim decision by the VA becomes
certified after 30 days, it is not final until one year after the date of the decision. Therefore, the
claimant can file a Notice of Disagreement at any time up to one year from the date of decision.39
Standards of Conduct for VA Accredited Attorneys, Agents, and Representatives
VA accredited individuals providing VA claims assistance must:
• Faithfully execute their duties on behalf of a VA claimant.
• Be truthful in their dealings with claimants and VA.
• Provide claimants with competent representation before VA.
• Act with reasonable diligence and promptness in representing claimants.40
VA accredited individuals may not:
• Violate the standards of conduct as described in 38 CFR s. 14.632.
• Circumvent the rules of conduct through the actions of another.
• Engage in conduct involving fraud, deceit, misrepresentation, or dishonesty.
• Violate one or more of the provisions of Title 38 of the United States Code or Title 38 of the
U.S. Code of Federal Regulations.
• Enter into an agreement for, charge, solicit, or receive a fee that is clearly unreasonable or
otherwise prohibited by law or regulation.
• Solicit, receive, or enter into agreements for gifts related to representation provided before an
agency of original jurisdiction has issued a decision on a claim or claims and a Notice of
Disagreement has been filed with respect to that decision.
• Delay, without good cause, the processing of a claim at any stage of the administrative
process.
• Mislead, threaten, coerce, or deceive a claimant regarding benefits or other rights under
programs administered by VA.
• Engage in, or counsel or advise a claimant to engage in, acts or behavior prejudicial to the
fair and orderly conduct of administrative proceedings before VA.
• Disclose, without the claimant’s authorization, any information provided by VA for purposes
of representation.
• Engage in any other unlawful or unethical conduct.41
In addition, in providing representation to a claimant before the VA, VA accredited attorneys
may not engage in behavior or activities prohibited by the rules of professional conduct of any
jurisdiction in which they are licensed to practice law.42
38
U.S. Department of Veterans Affairs, VA News, How to File a Notice of Disagreement on your VA Compensation Claim,
available at https://news.va.gov/33909/ (last visited March 28, 2025).
39
Id.
40
38 CFR ss. 14.632(a) & (b).
41
38 CFR s. 14.632(c).
42
38 CFR s. 14.632(d).
BILL: CS/SB 910 Page 7
If the VA determines that an individual has violated the standards of conduct, the VA may
suspend or cancel the individual’s accreditation. The VA is authorized to report the suspension
or cancellation to any bar association, court, or agency to which the individual is admitted. In
addition, the VA may collaborate with state and federal enforcement authorities if it is suspected
that an individual’s actions may have implications under state or other federal laws.43
Background Screening
Florida provides standard procedures for screening a prospective employee44 where the
Legislature has determined it is necessary to conduct a criminal history background check to
protect vulnerable persons.45 Chapter 435, F.S., establishes procedures for criminal history
background screening of prospective employees and outlines the screening requirements. There
are two levels of background screening: level 1 and level 2.
• Level 1 screening includes, at a minimum, employment history checks, statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE), and a
check of the Dru Sjodin National Sex Offender Public Website,46 and may include criminal
records checks through local law enforcement agencies. A Level 1 screening may be paid for
and conducted through FDLE’s website, which provides immediate results.47
• Level 2 screening includes, at a minimum, fingerprinting for statewide criminal history
records checks through FDLE and national criminal history checks through the Federal
Bureau of Investigation (FBI), and may include local criminal records checks through local
law enforcement agencies.48
Public Law (Pub. L.) 92-544 authorizes the FBI to exchange criminal history record information
with state and local governmental agencies’ officials for licensing and employment purposes.
Criteria established under Pub. L. 92-544 for state statutes seeking access to FBI criminal history
record information for licensing and employment purposes are as follows:
• The statute must exist as a result of a legislative enactment;
• It must require the fingerprinting of applicants who are to be subjected to a national criminal
history background check;
• It must, expressly (“submit to the FBI”) or by implication (“submit for a national check”),
authorize the use of FBI records for the screening of applicants;
• It must identify the specific category(ies) of licensees/employees falling within its purview,
thereby avoiding overbreadth;
• It must not be against public policy; and
• It may not authorize receipt of the criminal history record information by a private entity.
43
U.S. Department of Veterans Affairs, Office of General Counsel, Standards of Conduct for VA Accredited Attorneys,
Agents, and Representatives, available at https://www.va.gov/OGC/docs/Accred/StandardsofConduct.pdf (last visited March
28, 2025).
44
Section 435.02(3), F.S., defines “employee” to mean any person required by law to be screened pursuant to this chapter,
including, but not limited to, persons who are contractors, licensees, or volunteers.
45
Chapter 435, F.S.
46
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and
tribal sex offender registries in one national search site, available at www.nsopw.gov (last visited March 28, 2025).
47
Florida Department of Law Enforcement, State of Florida Criminal History Records Check, available at
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited March 28, 2025).
48
Section 435.04, F.S.
BILL: CS/SB 910 Page 8
Pub. L. 92-544 requires state statutes to designate an authorized governmental agency to be
responsible for receiving and screening the results of the criminal history record information to
then determine an applicant's suitability for employment or licensing. For Level 2 screening, the
FDLE is this state’s authorized governmental agency given the responsibility to perform a
criminal history record check of its records and request that the FBI perform a national criminal
history record check of its records for each employee for whom the request is made.49
Florida law authorizes and outlines specific elements required for Level 1 and Level 2
background screenings and establishes requirements for determining whether an individual
passes a screening regarding an individual’s criminal history. All individuals subject to
background screening must be confirmed to have not been arrested for and waiting final
disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo
contendere or guilty to, or been adjudicated delinquent, and the record has not been sealed or
expunged for, any of 52 offenses prohibited under Florida law, or similar law of another
jurisdiction:50
• Section 39.205, F.S., relating to the failure to report child abuse, abandonment, or neglect.
• Section 393.135, F.S., relating to sexual misconduct with certain developmentally disabled
clients and reporting of such sexual misconduct.
• Section 394.4593, F.S., relating to sexual misconduct with certain mental health patients and
reporting of such sexual misconduct.
• Section 414.39, F.S., relating to fraud, if the offense was a felony.
• Section 415.111, F.S., relating to adult abuse, neglect, or exploitation of aged persons or
disabled adults.
• Section 777.04, F.S., relating to attempts, solicitation, and conspiracy to commit an offense
listed in this subsection.
• Section 782.04, F.S., relating to murder.
• Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person
or disabled adult, or aggravated manslaughter of a child.
• Section 782.071, F.S., relating to vehicular homicide.
• Section 782.09, F.S., relating to killing of an unborn child by injury to the mother.
• Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a
felony.
• Section 784.011, F.S., relating to assault, if the victim of the offense was a minor.
• Section 784.021, F.S., relating to aggravated assault.
• Section 784.03, F.S., relating to battery, if the victim of the offense was a minor.
• Section 784.045, F.S., relating to aggravated battery.
• Section 784.075, F.S., relating to battery on staff of a detention or commitment facility or on
a juvenile probation officer.
• Section 787.01, F.S., relating to kidnapping.
• Section 787.02, F.S., relating to false imprisonment.
• Section 787.025, F.S., relating to luring or enticing a child.
49
Chapter 435, F.S.
50
Section 435.04(2), F.S.
BILL: CS/SB 910 Page 9
• Section 787.04(2), F.S., relating to taking, enticing, or removing a child beyond the state
limits with criminal intent pending custody proceedings.
• Section 787.04(3), F.S., relating to carrying a child beyond the state lines with criminal intent
to avoid producing a child at a custody hearing or delivering the child to the designated
person.
• Section 787.06, F.S., relating to human trafficking.
• Section 787.07, F.S., relating to human smuggling.
• Section 790.115(1), F.S., relating to exhibiting firearms or weapons within 1,000 feet of a
school.
• Section 790.115(2)(b), F.S., relating to possessing an electric weapon or device, destructive
device, or other weapon on school property.
• Section 794.011, F.S., relating to sexual battery.
• Former s. 794.041, F.S., relating to prohibited acts of persons in familial or custodial
authority.
• Section 794.05, F.S., relating to unlawful sexual activity with certain minors.
• Section 794.08, F.S., relating to female genital mutilation.
• Chapter 796, F.S., relating to prostitution.
• Section 798.02, F.S., relating to lewd and lascivious behavior.
• Chapter 800, F.S., relating to lewdness and indecent exposure and offenses against students
by authority figures.
• Section 806.01, F.S., relating to arson.
• Section 810.02, F.S., relating to burglary.
• Section 810.14, F.S., relating to voyeurism, if the offense is a felony.
• Section 810.145, F.S., relating to digital voyeurism, if the offense is a felony.
• Chapter 812, F.S., relating to theft, robbery, and related crimes, if the offense is a felony.
• Section 817.563, F.S., relating to fraudulent sale of controlled substances, only if the offense
was a felony.
• Section 825.102, F.S., relating to abuse, aggravated abuse, or neglect of an elderly person or
disabled adult.
• Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the
presence of an elderly person or disabled adult.
• Section 825.103, F.S., relating to exploitation of an elderly person or disabled adult, if the
offense was a felony.
• Section 826.04, F.S., relating to incest.
• Section 827.03, F.S., relating to child abuse, aggravated child abuse, or neglect of a child.
• Section 827.04, F.S., relating to contributing to the delinquency or dependency of a child.
• Former s. 827.05, F.S., relating to negligent treatment of children.
• Section 827.071, F.S., relating to sexual performance by a child.
• Section 831.311, F.S., relating to the unlawful sale, manufacture, alteration, delivery,
uttering, or possession of counterfeit-resistant prescription blanks for controlled substances.
• Section 836.10, F.S., relating to written or electronic threats to kill, do bodily injury, or
conduct a mass shooting or an act of terrorism.
• Section 843.01, F.S., relating to resisting arrest with violence.
• Section 843.025, F.S., relating to depriving a law enforcement, correctional, or correctional
probation officer means of protection or communication.
BILL: CS/SB 910 Page 10
• Section 843.12, F.S., relating to aiding in an escape.
• Section 843.13, F.S., relating to aiding in the escape of juvenile inmates in correctional
institutions.
• Chapter 847, F.S., relating to obscene literature.
• Section 859.01, F.S., relating to poisoning food or water.
• Section 873.01, F.S., relating to the prohibition on the purchase or sale of human organs and
tissue.
• Section 874.05, F.S., relating to encouraging or recruiting another to join a criminal gang.
• Chapter 893, F.S., relating to drug abuse prevention and control, only if the offense was a
felony or if any other person involved in the offense was a minor.
• Section 916.1075, F.S., relating to sexual misconduct with certain forensic clients and
reporting of such sexual misconduct.
• Section 944.35(3), F.S., relating to inflicting cruel or inhuman treatment on an inmate
resulting in great bodily harm.
• Section 944.40, F.S., relating to escape.
• Section 944.46, F.S., relating to harboring, concealing, or aiding an escaped prisoner.
• Section 944.47, F.S., relating to introduction of contraband into a correctional facility.
• Section 985.701, F.S., relating to sexual misconduct in juvenile justice programs.
• Section 985.711, F.S., relating to contraband introduced into detention facilities.
Exemptions
Should a person be disqualified from employment due to failing a background screening, he or
she may apply to the head of the appropriate agency for an exemption. Current law allows the
head of the agency to exempt applicants from disqualification under certain circumstances
including:
• Felonies for which at least 2 years have elapsed since the applicant for the exemption has
completed or been lawfully released from confinement, supervision, or nonmonetary
condition imposed by the court for the disqualifying felony;
• Misdemeanors prohibited under any of the cited statutes or under similar statutes of other
jurisdictions for which the applicant for the exemption has completed or been lawfully
released from confinement, supervision, or nonmonetary condition imposed by the court;
• Offenses that were felonies when committed but that are now misdemeanors and for which
the applicant for the exemption has completed or been lawfully released from confinement,
supervision, or nonmonetary condition imposed by the court; or
• Findings of delinquency. For offenses that would be felonies if committed by an adult and
the record has not been sealed or expunged, this exemption may not be granted until at least
3 years have elapsed since the applicant for the exemption has completed or been lawfully
released from confinement, supervision, or nonmonetary condition imposed by the court for
the disqualifying offense.51
Receiving an exemption allows that individual to be employed in a profession or workplace
where background screening is statutorily required despite the disqualifying offense in that
person’s past. Certain criminal backgrounds, however, render a person ineligible for an
51
Section 435.07(1)(a), F.S.
BILL: CS/SB 910 Page 11
exemption; a person who is considered a sexual predator,52 career offender,53 or registered sexual
offender54 is not eligible for exemption.55
Record Retention
Florida Bar Rule 5-1.2(f) addresses the retention of records related to client trust accounts.
Specifically, it requires lawyers to retain certain records for a minimum of 6 years after the
completion of the representation. These records include:
• Client trust account records: Details of all deposits, withdrawals, and transactions involving
client funds and property.
• Supporting documentation: This includes any documents related to the handling of client
funds and property, such as receipts, checks, and statements.
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
History and Purpose
The FDUTPA became law in 1973.56 The FDUTPA is a consumer and business protection
measure that prohibits unfair methods of competition, unconscionable acts or practices, and
unfair or deceptive acts or practices in trade or commerce.57 The FDUTPA is based on federal
law, and specifically Section 5 of the Federal Trade Commission Act.58
The State Attorney or the Department of Legal Affairs may bring actions when it is in the public
interest on behalf of consumers or governmental entities.59 The Office of the State Attorney may
enforce violations of the FDUTPA if the violations occur within its jurisdiction.60 The
Department of Legal Affairs has enforcement authority if the violation is multi-jurisdictional, the
state attorney defers in writing, or the state attorney fails to act within 90 days after a written
complaint is filed.61 Consumers may also file suit through private actions.62
Remedies under the FDUTPA
The Department of Legal Affairs and the State Attorney, as enforcing authorities, have available
the following remedies:
• Declaratory judgments.
• Injunctive relief.
• Actual damages on behalf of consumers and businesses.
52
Section 775.21, F.S.
53
Section 775.261, F.S.
54
Section 943.0435, F.S.
55
Section 435.07(4)(b), F.S.
56
Ch. 73-124, Laws of Fla.; codified at part II of ch. 501, F.S.
57
Sections 501.202 and 501.203(8), F.S. Trade or commerce includes the advertising, soliciting, or providing of a good or
service.
58
15 USC s. 45; s. 501.204(2), F.S.
59
Sections 501.203(2), 501.206, and 501.207, F.S.
60
Section 501.203(2), F.S.
61
Id.
62
Section 501.211, F.S.
BILL: CS/SB 910 Page 12
• Cease and desist orders.
• Civil penalties of up to $10,000 per willful violation.63
Remedies for private parties are limited to the following:
• A declaratory judgment and an injunction if a person is aggrieved by a FDUTPA violation.
• Actual damages, attorney fees, and court costs if a person has suffered a loss due to a
FDUTPA violation.64
Violations Involving a Military Servicemember
Section 501.2077, F.S., sets out penalties for violations of FDUTPA which involve a military
servicemember or the spouse or dependent child of a military servicemember. A person who is
willfully using, or has willfully used, a method, act, or practice in violation of FDUTPA directed
at a military servicemember or the spouse or dependent child of a military servicemember is
liable for a civil penalty of not more than $15,000 for each violation if the person knew or should
have known that her or his conduct was unfair or deceptive. An order of restitution or
reimbursement under this section takes priority over other civil penalties imposed under
FDUPTA for other violations.
Federal Unfair and Deceptive Trade Practices
The Federal Trade Commission’s (FTC) unfair and deceptive trade practices regulations prohibit
unfair65 or deceptive66 acts or practices in or affecting commerce.67 The FTC’s regulations
include “Truth In Advertising” guidelines, which require advertisements to be truthful, not
misleading, and when appropriate, backed by scientific evidence.68 To enforce these regulations,
the FTC may take law enforcement action.69
III. Effect of Proposed Changes:
CS/SB 910 creates s. 501.9741, F.S., assisting in veterans’ benefits matters.
The bill defines the following terms:
• Compensation - payment of any money, thing of value, or economic benefit conferred on or
received by a person in return for services rendered or to be rendered.
63
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue.
Section 501.2075, F.S. Enforcing authorities may also request attorney fees and costs of investigation or litigation.
Section 501.2105, F.S.
64
Section 501.211(1) and (2), F.S.
65
A practice is “unfair” if it “causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by
consumers themselves and not outweighed by countervailing benefits to consumers or to competition.” 15 U.S.C. s. 45(n).
66
A practice is “deceptive” if there is a “representation, omission or practice that is likely to mislead the consumer acting
reasonably in the circumstances, to the consumer’s detriment.” Federal Trade Commission, FTC Policy Statement on
Deception (Oct. 14, 1983), available at https://www.ftc.gov/system/files/documents/public_statements/410531/831014
deceptionstmt.pdf (last visited March 28, 2025).
67
15 U.S.C. s. 45(a)(1).
68
Federal Trade Commission, Truth In Advertising, available at https://www.ftc.gov/news-events/media-resources/truth-
advertising (last visited March 28, 2025).
69
Federal Trade Commission, Protecting Consumers, available at https://www.ftc.gov/news-events/topics/truth-
advertising/protecting-consumers (last visited March 28, 2025).
BILL: CS/SB 910 Page 13
• Provider - an entity or individual assisting veterans with veterans’ benefits matters.
• Veteran - to have the same meaning as in s. 1.01(14), F.S., and include eligible peacetime
service as defined in s. 296.02, F.S.
• Veterans’ benefits matter - the preparation, presentation, or prosecution of a veteran’s claim,
or a claim by the veteran’s spouse, dependent child, or any other individual eligible for any
benefit, program, service, commodity, function, status, or entitlement under the laws and
regulations administered by the FDVA or the VA.
Referral of a Veteran’s Benefits Matter
The bill prohibits a person70 from being compensated for referring an individual to a provider
who will advise, assist, or consult with the individual regarding any veterans’ benefits matter.
Claims with After-Duty Presumptive Period
The bill authorizes a provider to receive compensation for services rendered in connection with a
claim filed within the 1-year presumptive period after active-duty release as determined by the
VA only if the veteran acknowledges, by signing a waiver, that he or she is within the
presumptive period and is choosing to deny the free services available to him or her.
Compensation for Advising, Assisting, or Consulting on a Veterans’ Benefits Matter
A provider seeking compensation for advising, assisting, or consulting with an individual
regarding any veterans’ benefits matter must, before rendering services, enter into a written
agreement signed by both parties, which:
• Memorializes the specific terms under which the compensation will be determined.
• Provides that compensation for such services is contingent upon securing an increase in
benefits awarded. The compensation cannot exceed the lesser of five times the amount of the
monthly increase in benefits awarded based on the claim or $12,500.
• Provides the specific terms for how any compensation will be paid out.
A provider who advises, assists, or consults on veterans’ benefits matters for compensation must
provide the following disclosure, both orally and in writing, before entering into a business
relationship with an individual:
This business is not sponsored by or affiliated with the Florida Department
of Veterans’ Affairs, the United States Department of Veterans Affairs, or
any other federally chartered veterans’ service organization. Other
organizations, including, but not limited to, the Florida Department of
Veterans’ Affairs, a local veterans’ service organization, and other
federally chartered veterans’ service organizations, may be able to provide
you with this service free of charge. Products or services offered by this
business are not necessarily endorsed by any of these organizations. You
70
Section 1.01(3), F.S., defines a “person” as including individuals, children, firms, associations, joint adventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
BILL: CS/SB 910 Page 14
may qualify for other veterans’ benefits beyond the benefits for which you
are receiving services here.
Further, the written disclosure must appear in a font size of at least 12 points in an easily
identifiable place in the provider’s agreement with the individual seeking services and must be
signed by the individual to signify that he or she understands the oral and written disclosure’s
provisions. The provider offering services must retain a copy of the written disclosure while
providing veterans’ benefits services to the individual for compensation and for at least 1 year
after the date on which the service relations terminate.
Veteran Claimant Death
If a veteran claimant dies before a claim is processed:
• Any expected compensation must be waived and a charge, fee, or debt may not be collected;
and
• Any payment plan for services rendered must be terminated immediately.
Prohibitions
The bill provides that a provider:
• May not guarantee, either directly or by implication, a successful outcome or that an
individual is certain to receive specific veterans’ benefits or a specific level, percentage, or
amount of veterans’ benefits.
• Who advises, assists, or consults on veterans’ benefits matters for compensation:
o May not charge an initial or nonrefundable fee or interest on any payment plan agreed to
by the parties.
o May not use an international call center or data center to process a veteran’s personal
information;
o May not use a veteran’s personal log-in, username, or password information to access
that veteran’s medical, financial, or government benefits information; and
o Must successfully complete a level 2 background screening as described in s. 435.04,
F.S., before entering into any agreement with a veteran for veterans’ benefits matters.
A violation of s. 501.9741, F.S., constitutes a violation of the Florida Deceptive and Unfair
Trade Practices Act. Violators may be subject to penalties provided under FDUPTA, including s.
501.2077, F.S., for violations against a military servicemember or his or her spouse or dependent
child.
Documentation
A provider must provide copies of all fully executed documents to the veteran being assisted in
the veterans’ benefits matters and maintain a copy of all fully executed documents for 6 years in
accordance with the requirements of rule 5-1(f) of the rules regulating The Florida Bar.
Complaint Process
If an individual to whom a provider provides services under this section in return for
compensation files a complaint with the Consumer Protection Division of the Office of the
BILL: CS/SB 910 Page 15
Attorney General, the provider may not receive compensation for any services provided to such
an individual before the resolution of the complaint.
Construction
The bill provides that the newly created section may not be construed as applying to, limiting, or
expanding the requirements imposed on agents or employees of the FDVA or agents or attorneys
accredited and regulated by the VA.
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate negative fiscal impact on a person seeking
compensation for advising, assisting, or consulting with an individual regarding any
veterans’ benefits matter who is required to submit to a background screening pursuant to
the bill’s provisions.
BILL: CS/SB 910 Page 16
The fiscal impact for an applicant who undergoes a fingerprint-based, state and national
criminal history record check (i.e., level 2 background screening), is $36.71
There may be an indeterminate positive fiscal impact on any Livescan Service Provider
due to additional fees they would charge for submitting a fingerprint-based criminal
history record check for an applicant, if the applicant utilized such a service.72
C. Government Sector Impact:
To the extent that the bill creates a new violation of the FDUTPA, the Offices of the State
Attorney and the Department of Legal Affairs may incur indeterminate enforcement
costs.
If a state and national record check is conducted through the FDLE, the total fiscal
revenue for the state portion of a state and national criminal history record check is $24,
which goes into the FDLE’s Operating Trust Fund. The number of individuals who
would be screened under this bill is indeterminate.73
The impact of the bill on the FDLE does not appear to necessitate additional FTE and
other resources; however, the bill, in combination with additional criminal history record
check, could rise to the level of requiring additional staffing and other resources.74
VI. Technical Deficiencies:
According to the FDLE, for lines 134-137 of the bill, the “language is not in compliance with
Pub. L. 92-544. While the population being screened is defined, the language does not define the
state agency responsible for conducting the background check or receiving/reviewing the results.
Only governmental agencies are authorized to receive FBI criminal history record information.
Additionally, it still appears that a private entity will be conducting the background check and
reviewing the results, which is strictly prohibited by Pub. L. 92-544. Private entities may only
conduct state criminal history checks.”75
The FDLE advised “the FBI will not approve access to national criminal history record
information unless all criteria specified within Pub. L. 92-544 are satisfied. The following
criteria are not met within the current [bill] … language:
• Must require the fingerprinting of applicants who are to be subjected to a national criminal
history record check.
• May not authorize receipt of the criminal history record information to a private entity.
71
Florida Dep’t of Law Enforcement, Agency Analysis for SB 910 (March 3, 2025) (on file with the Committee on
Military and Veterans Affairs, Space, and Domestic Security).
72
Id.
73
Id.
74
Id.
75
Email from Caitlin Dawkins, Legislative Specialist, Florida Dep’t of Law Enforcement, to Tim Proctor, Staff Director,
Committee on Military and Veterans Affairs, Space, and Domestic Security (March 18, 2025) (on file with the Committee on
Military and Veterans Affairs, Space, and Domestic Security).
BILL: CS/SB 910 Page 17
• Must identify the state agency responsible for conducting the criminal history record check,
receiving the criminal history record information from the FBI, and applying the screening
standards to the applicant.”76
According to the FDVA, for lines 70-73 of the bill, the language “appears to allow compensation
to be paid to unaccredited individuals for advising, assisting, or consulting with veterans
regarding veterans’ benefit matters, arguably in direct violation of federal law which provides
that only accredited agents and attorneys may receive fees for their services in connection with
representation under 38 CFR ss.14.636(a) and (b).”77
VII. Related Issues:
Relating to background screenings and fees, the FDLE recommended the following language:
“[A provider] … must submit a full set of fingerprints to the department or to a vendor, entity, or
agency authorized by s. 943.053(13). The department, vendor, entity, or agency shall forward the
fingerprints to the Department of Law Enforcement for state processing and the Department of
Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for
national processing. The department shall screen the background results to determine if an
applicant meets … requirements.” and “Fees for state and federal fingerprint processing shall be
borne by the applicant. The state cost for fingerprint processing shall be as provided in s.
943.053(3)(e).”78,79
Regarding record retention, Chapter 5 of the Florida Bar Rules pertains to regulating trust
accounts for attorneys. Rule 5-1.2(f) specifically refers to trust account record retention and
provides that a lawyer or law firm receiving or disbursing third-party funds or property must
maintain the records for 6 years after the final conclusion of each representation in which the
trust funds or property were received. The bill refers to Rule 5-1(f), which pertains to disputed
ownership of trust funds. The Legislature could consider citing Rule 5-1.2(f) of the Florida Bar
Rules or provide that records must be retained in a manner that is compliant with the Florida Bar
Rules.
Lastly, the FDVA General Counsel’s Office review noted the following:
• “Fees for initial claims are not addressed.”
• “No agency [is] described as under a duty to review background check.”
• “Nothing [is] included for licensing/regulation/competence provisions to ensure adequate
representation of veterans.”
• “Additional protections meant to ensure quality of representation provided by [the] VA
accreditation process, and/or fiduciary responsibilities under attorney engagement
76
Id.
77
Florida Dep’t of Veterans’ Affairs, Agency Analysis for SB 910 (March 12, 2025) (on file with the Committee on
Military and Veterans Affairs, Space, and Domestic Security).
78
Email from Caitlin Dawkins, Legislative Specialist, Florida Dep’t of Law Enforcement, to Tim Proctor, Staff Director,
Committee on Military and Veterans Affairs, Space, and Domestic Security (March 18, 2025) (on file with the Committee on
Military and Veterans Affairs, Space, and Domestic Security).
79
Florida Dep’t of Law Enforcement, Agency Analysis for SB 910 (March 3, 2025) (on file with the Committee on
Military and Veterans Affairs, Space, and Domestic Security).
BILL: CS/SB 910 Page 18
agreements, powers of attorney and agency agreements could be undermined by recognizing
this type of representation.”80
VIII. Statutes Affected:
This bill creates section 501.9741 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Military and Veterans Affairs, Space, and Domestic Security on March 18,
2025:
• Provides a definition for a “provider” to mean an entity or individual assisting
veterans with veterans’ benefits matters.
• Revises the definition for veteran to have the same meaning as in s. 1.01(14), F.S.,
and includes eligible peacetime service as defined in s.296.02, F.S.
• Clarifies that compensation for advising, assisting, or consulting with an individual
regarding any veterans’ benefits matter must be as a direct result of services provided,
and may not exceed the lesser of five times the amount of the monthly increase in
benefits awarded based on the claim or $12,500.
• Provides that the written disclosure which must be provided to an individual seeking
services must also be provided orally.
• Clarifies that a provider must undergo a level 2 background screening as described in
s. 435.04, F.S., before entering into any agreement with a veteran for veterans’
benefits matters.
• Provides that copies of all fully executed documents required by the bill for a veteran
to be assisted in veterans’ benefits matters must be maintained for 6 years and in
accordance with the requirements of rule 5-1(f), of the rules regulating The Florida
Bar.
• Provides that if an individual to whom a provider provides services in return for
compensation files a complaint with the Consumer Protection Division of the Office
of the Attorney General, the provider may not receive compensation for any services
provided to such an individual before the resolution of the complaint.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Dep’t of Veterans’ Affairs, Agency Analysis for SB 910 (March 12, 2025) (on file with the Committee on
80
Military and Veterans Affairs, Space, and Domestic Security).
Florida Senate - 2025 CS for SB 910 Florida Senate - 2025 CS for SB 910
By the Committee on Military and Veterans Affairs, Space, and
Domestic Security; and Senator Collins
583-02561-25 2025910c1 583-02561-25 2025910c1
1 A bill to be entitled 30 provides services from receiving compensation before
2 An act relating to veterans’ benefits assistance; 31 the resolution of a certain complaint if the
3 creating s. 501.9741, F.S.; defining terms; 32 individual receiving services files such a complaint;
4 prohibiting a person from receiving compensation for 33 providing that a violation is a deceptive and unfair
5 referring an individual to another person for 34 trade practice which may be subject to specified
6 advising, assisting, or consulting on veterans’ 35 penalties; providing construction; providing an
7 benefits matters; authorizing compensation for 36 effective date.
8 services rendered during a specified period only under 37
9 certain circumstances; requiring that, before such 38 Be It Enacted by the Legislature of the State of Florida:
10 services are rendered, a written agreement, which must 39
11 include specified information, be signed by both 40 Section 1. Section 501.9741, Florida Statutes, is created
12 parties; requiring that persons who advise, assist, or 41 to read:
13 consult on veterans’ benefits matters for compensation 42 501.9741 Assisting in veterans’ benefits matters.—
14 provide a specified oral and written disclosure before 43 (1) DEFINITIONS.—As used in this section, the term:
15 entering into a business relationship with a client; 44 (a) “Compensation” means payment of any money, thing of
16 prohibiting a provider who advises, assists, or 45 value, or economic benefit conferred on or received by a person
17 consults on veterans’ benefits matters from charging 46 in return for services rendered or to be rendered.
18 certain fees; prohibiting the charging of interest on 47 (b) “Provider” means an entity or individual assisting
19 payment plans; providing requirements in the event of 48 veterans with veterans’ benefits matters.
20 the death of a veteran claimant; prohibiting certain 49 (c) “Veteran” has the same meaning as in s. 1.01(14) and
21 guarantees; providing security requirements for the 50 includes eligible peacetime service as defined in s. 296.02.
22 handling of a veteran’s personal and account 51 (d) “Veterans’ benefits matter” means the preparation,
23 information; requiring a provider to successfully 52 presentation, or prosecution of a veteran’s claim, or a claim by
24 complete a specified background screening before 53 the veteran’s spouse, dependent child, or any other individual
25 entering into an agreement with a veteran for 54 eligible for any benefit, program, service, commodity, function,
26 veterans’ benefits matters; requiring a provider to 55 status, or entitlement under the laws and regulations
27 provide copies of certain documents to the veteran and 56 administered by the Department of Veterans’ Affairs or the
28 maintain a copy of such documents pursuant to 57 United States Department of Veterans Affairs.
29 specified provisions; prohibiting a person who 58 (2) LIMITS ON COMPENSATION; TERMS OF ENGAGEMENT; WRITTEN
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583-02561-25 2025910c1 583-02561-25 2025910c1
59 DISCLOSURE.— 88 “This business is not sponsored by or affiliated with
60 (a) A person may not receive compensation for referring an 89 the Florida Department of Veterans’ Affairs, the
61 individual to a provider who will advise, assist, or consult 90 United States Department of Veterans Affairs, or any
62 with the individual regarding any veterans’ benefits matter. 91 other federally chartered veterans’ service
63 (b) A provider may receive compensation for services 92 organization. Other organizations, including, but not
64 rendered in connection with a claim filed within the 1-year 93 limited to, the Florida Department of Veterans’
65 presumptive period after active-duty release as determined by 94 Affairs, a local veterans’ service organization, and
66 the United States Department of Veterans Affairs only if the 95 other federally chartered veterans’ service
67 veteran acknowledges, by signing a waiver, that he or she is 96 organizations, may be able to provide you with this
68 within the presumptive period and is choosing to deny the free 97 service free of charge. Products or services offered
69 services available to him or her. 98 by this business are not necessarily endorsed by any
70 (c) A provider seeking compensation for advising, 99 of these organizations. You may qualify for other
71 assisting, or consulting with an individual regarding any 100 veterans’ benefits beyond the benefits for which you
72 veterans’ benefits matter must, before rendering services, enter 101 are receiving services here.”
73 into a written agreement, signed by both parties, which: 102
74 1. Memorializes the specific terms under which the 103 2. The written disclosure must appear in a font size of at
75 compensation will be determined; and 104 least 12 points in an easily identifiable place in the
76 2. Provides that compensation for such services is 105 provider’s agreement with the individual seeking services and
77 contingent upon securing an increase in benefits awarded as a 106 must be signed by the individual to signify that he or she
78 direct result of such services. Any such compensation may not 107 understands the oral and written disclosure’s provisions. The
79 exceed the lesser of five times the amount of the monthly 108 provider must retain a copy of the written disclosure while
80 increase in benefits awarded based on the claim or $12,500, and 109 providing veterans’ benefits services to the individual for
81 must be paid out according to the specific terms agreed to by 110 compensation and for at least 1 year after the date on which the
82 both parties in accordance with subparagraph 1. 111 service relations terminate.
83 (d)1. A provider who advises, assists, or consults on 112 (e) A provider who advises, assists, or consults on a
84 veterans’ benefits matters for compensation shall provide the 113 veterans’ benefits matter may not charge an initial or
85 following disclosure, both orally and in writing, before 114 nonrefundable fee. Any charge for interest on any payment plan
86 entering into a business relationship with an individual: 115 agreed to by the parties is prohibited.
87 116 (3) DEATH OF VETERAN CLAIMANT.—If a veteran claimant dies
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117 before a claim is processed: 146 complaint with the Consumer Protection Division of the Office of
118 (a) Any expected compensation must be waived and a charge, 147 the Attorney General, the provider may not receive compensation
119 fee, or debt may not be collected; and 148 for any services provided to such an individual before the
120 (b) Any payment plan for services rendered must be 149 resolution of the complaint.
121 terminated immediately. 150 (8) PENALTIES.—A violation of this section constitutes a
122 (4) PROHIBITIONS.— 151 violation of the Florida Deceptive and Unfair Trade Practices
123 (a) A provider may not guarantee, either directly or by 152 Act under part II of this chapter. Violators may be subject to
124 implication, a successful outcome or that an individual is 153 penalties provided in that part, including s. 501.2077 for
125 certain to receive specific veterans’ benefits or a specific 154 violations against a military servicemember or his or her spouse
126 level, percentage, or amount of veterans’ benefits. 155 or dependent child.
127 (b) A provider who advises, assists, or consults on 156 (9) CONSTRUCTION.—This section may not be construed as
128 veterans’ benefits matters for compensation: 157 applying to, limiting, or expanding the requirements imposed on
129 1. May not use an international call center or data center 158 agents or employees of the Department of Veterans’ Affairs or
130 to process a veteran’s personal information. 159 agents or attorneys accredited by the United States Department
131 2. May not use a veteran’s personal log-in, username, or 160 of Veterans Affairs and regulated by that agency.
132 password information to access that veteran’s medical, 161 Section 2. This act shall take effect upon becoming a law.
133 financial, or government benefits information.
134 (5) BACKGROUND SCREENING.—A provider must successfully
135 complete a level 2 background screening as described in s.
136 435.04 before entering into any agreement with a veteran for
137 veterans’ benefits matters.
138 (6) DOCUMENTATION.—A provider must provide copies of all
139 fully executed documents required by subsection (2) to the
140 veteran being assisted in the veterans’ benefits matters and
141 maintain a copy of all fully executed documents for 6 years and
142 in accordance with the requirements of rule 5-1(f) of the rules
143 regulating The Florida Bar.
144 (7) COMPLAINT.—If an individual to whom a provider provides
145 services under this section in return for compensation files a
Page 5 of 6 Page 6 of 6
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
3131125 - 1:30 PM APPEARANCE RECORD SB 910 - Veterans' Benefits
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The Florida Senate
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This form is part of the public record for this meeting. s-001 (o8/1o/2o21)
The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 19, 2025
I respectfully request that Senate Bill #910, relating to Veterans’ Benefits Assistance, be placed
on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Jay Collins
Florida Senate, District 14
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1264
INTRODUCER: Commerce and Tourism Committee and Senator Collins
SUBJECT: Rural and Urban Business Enterprises
DATE: March 31, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. FT
3. ATD
4. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1264 makes several changes relating to business enterprises. Specifically, the bill:
• Repeals and replaces statutory references to minority business enterprises with “certified
rural or urban business enterprises,” which are defined as businesses located in a defined
geographic area where either the per capita income in the area is less than 80% of Florida’s
per capita income or the unemployment rate in the area is greater than the unemployment rate
for Florida by more than 1% over the previous 24 months.
• Repeals regional planning councils and allows local governments to enter into agreements to
form regional planning entities.
• Includes business development in rural or urban areas as one of the programs the Department
of Commerce (department) must implement.
• Revises the department’s Division of Economic Development's (division) responsibilities to
require the division to establish the Office of Secure Florida, which is responsible for
administering and enforcing E-Verify, employment authorization compliance, and the
prohibition against the purchase and registration of real property in Florida by foreign
principals.
• Revises the information required in the department’s annual incentives report to include a
description of trends relating to business interest in and usage of the various incentives and
the number of small businesses and businesses in rural or urban areas receiving incentives.
• Creates the Research, Innovation, Science, and Engineering (RISE) Investment Tax Credit
Program within the department to increase venture capital investment in Florida.
BILL: CS/SB 1264 Page 2
• Revises the eligibility requirements for the Law Enforcement Recruitment Bonus Payment
Program for newly employed law enforcement officers by removing the requirement that the
officer maintain continuous full-time employment or at least two years from the date on
which certification was obtained, extends the break in service from 15 calendar days to 180
days, and specifies that any break in service will not count toward satisfying the 2-year full-
time employment requirement. The bill also deletes the expiration date of the program.
• Repeals the expiration of the sales tax exemption for certain data centers on June 30, 2027.
• Requires the Department of Emergency Management’s statewide emergency shelter plan to
identify the general location and square footage of special needs shelters annually through
2030. The bill also provides that state funds must be maximized and targeted to regional
planning council regions as those regions existed on January 1, 2025.
• Provides an exemption from land being reverted to the Board of Trustees if land conveyances
are at less than the appraised value for federal government agencies, including the
Department of Defense, the Army, the Navy, the Air Force, and the U.S. Coast Guard, if the
primary purpose of remaining as a military installation buffer continues, even though the
specific military purpose, mission, and function on the conveyed land is modified or changes
from that which was present or proposed at the time of the conveyance.
• Renames the Office of Supplier Diversity to the Office of Supplier Development under the
Department of Management Services (DMS).
• Renames the Florida Advisory Council on Small and Minority Business Development to the
Florida Advisory Council on Small, Rural, and Urban Business Development under the
DMS.
• Specifies that Space Florida is not an agency under s. 287.055, F.S., for purposes of its ability
to bid and contract in professional or construction services, or both, under an arrangement
with a person under certain circumstances.
• Revises the definition of “managerial employees” to include those who have a significant and
specific role executing statewide business and economic development projects in support of
business recruitment, retention, and expansion, which has the effect of classifying such
employees as Selected Exempt Service.
The bill has an indeterminate fiscal impact on state and local government. See Section V. Fiscal
Impact Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
Disadvantaged, Small, and Minority Business Enterprises
Present Situation
Chapters 287 and 288, F.S., sets forth Florida’s statutory scheme for small and minority owned
business assistance. A “small business” is defined as an independently owned and operated
BILL: CS/SB 1264 Page 3
business that employs 200 or fewer permanent full-time employees, has a net worth of not more
than $5 million. A “minority business enterprise” (MBE) is defined as a “small business” which
is domiciled in Florida and is at least 51% owned by minority persons. A “minority person”
means a lawful, permanent resident of Florida who is an African American, a Hispanic
American, an Asian American, a Native American, or an American woman.1 An “ombudsman”
is an office or individual whose responsibilities include coordinating with the Office of Supplier
Diversity for the interests of and providing assistance to small and minority business enterprises
in dealing with governmental agencies.2
Florida Minority Business Loan Mobilization Program
The Florida Minority Business Loan Mobilization Program, created in s. 288.706, F.S., promotes
the development of minority business enterprises, increases their ability to compete for state
contracts, and sustains their economic growth in this state. The program aims to assist minority
business enterprises by facilitating working capital loans to minority business enterprises that are
vendors on state agency contracts. The Department of Management Services administers the
program.
Black Business Loan Program
The Black Business Loan Program is established by s. 288.7102, F.S., under the department,
which must annually certify eligible recipients and subsequently disburse funds appropriated by
the Legislature, through such eligible recipients, to black business enterprises that cannot obtain
capital through conventional lending institutions but that could otherwise compete successfully
in the private sector. The program received $2.25 million in Fiscal Year 2024 from the State
Economic Enhancement and Development Trust Fund.3
Office of Supplier Diversity
The Office of Supplier Diversity, now renamed as the Office of Supplier Development (Office),4
operates within the DMS. The Office assists Florida small businesses, including MBEs and
women—and veteran-owned businesses, in becoming suppliers of commodities, services, and
construction to the state government.5 In addition to other statutory powers and functions, the
Office has the duty to adopt rules to determine what constitutes a “good faith effort” to meet
minority business enterprise procurement goals, create a certification program for MBEs, and
monitor agencies’ compliance with procurement goals.6
1
Section 288.703, F.S.
2
Section 288.703(5), F.S.
3
HB 5001 General Appropriations Act (2024), Line 2335, available at
https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?FileName=CRA_.pdf&DocumentType=Amendments&BillNum
ber=5001&Session=2024 (last visited March 28, 2025).
4
See Department of Management Services, Office of Supplier Development, available at
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd (last visited Mar. 28, 2025).
5
8 FLA. PRAC., CONSTR. LAW MANUAL s. 5:22 Minority and disadvantaged business enterprise requirements (2023-2024
ed.). For powers and duties of the Office, see s. 287.09451, F.S.
6
Section 287.09451(4), F.S.
BILL: CS/SB 1264 Page 4
One of the duties of the Office is to develop procedures that an agency can use to identify
commodities, contractual services, architectural and engineering services, and construction
contracts that minority business enterprises could provide. Each agency is encouraged to spend
21 percent of the money on construction contracts, 25 percent on architectural and engineering
contracts, 24 percent on commodities, and 50.5 percent on contractual services during the
previous fiscal year. In the event of budget reductions, base amounts may be adjusted as
follows:7
• Construction contracts – 4 percent for black Americans, 6 percent for Hispanic Americans,
and 11 percent for American women.
• Architectural and engineering contracts – 9 percent for Hispanic Americans, 1 percent for
Asian Americans, and 15 percent for American women.
• Commodities – 2 percent for black Americans, 4 percent for Hispanic Americans, 0.5 percent
for Asian Americans, 0.5 percent for Native Americans, and 17 percent for American
women.
• Contractual services- 6 percent for black Americans, 7 percent for Hispanic Americans, 1
percent for Asian Americans, 0.5 percent for Native Americans, and 36 percent for American
women.
These spending goals were challenged in court as gender and racial classifications that
impermissibly violated the Equal Protection Clause of the U.S. Constitution. A U.S. District
Court found that s. 287.09451, F.S., et seq., were not narrowly tailored to serve a compelling
governmental interest, violated the Equal Protection Clause of the Fourteenth Amendment, and
were unconstitutional.8
Florida Advisory Council on Small and Minority Business Development
The Florida Advisory Council on Small and Minority Business Development assists the
Secretary of Department of Management Services with minority businesses and economic and
business development.9 The council's powers and duties include, but are not limited to, studying
the ability of financial markets and institutions to meet small business credit needs, determining
the impact of government demands on credit for small businesses, and requiring a state economic
development comprehensive plan as it relates to small minority businesses.10
Effect of Proposed Changes
The bill repeals or amends the following statutes related to minority business enterprises:
Section 1 repeals s. 24.113, F.S., relating to minority participation in the sale of lottery tickets.
Section 15 repeals s. 287.0931, F.S., relating to participation in bond underwriting for minority
business enterprises.
Section 16 repeals s. 288.12266, F.S., relating to the Targeted Marketing Assistance Program.
7
Section 287.09451(4)(n), F.S.
8
Florida A.G.C. Council v. Florida, 303 F. Supp. 2d 1307, 1316 (N.D. Fla. 2004).
9
Section 287.0947(1), F.S.
10
Section 287.0947(5), F.S.
BILL: CS/SB 1264 Page 5
Section 17 repeals s. 288.124, F.S., relating to VISIT Florida’s convention grants program, and
section 79 amends s. 288.0001, F.S., relating to Economic Development Programs Evaluations,
to remove the grants program from the evaluation schedule.
Section 18 repeals s.288.706, F.S., relating to the Florida Minority Business Loan Mobilization
Program.
Section 19 repeals s. 288.7094, F.S., relating to Black business investment corporations.
Section 20 repeals s. 288.7102, F.S., relating to the Black Business Loan Program.
Section 21 repeals s. 288.71025, F.S., relating to prohibited acts and penalties under the Small
and Minority Business Assistance Act.
Section 22 repeals s. 288.7103, F.S., relating to the eligibility requirements for loans, loan
guarantees, or investments under the Small and Minority Business Assistance Act.
Section 23 repeals s. 288.714, F.S., which applies to the quarterly and annual reports required
under the Black Business Loan Program.
Section 24 repeals s. 331.351, F.S., relating to participation by women, minorities, and socially
and economically disadvantaged business enterprises.
Section 30 amends s. 287.012, F.S., relating to procurement of personal property and services
definitions, to delete the definition of a minority business enterprise.
Section 32 amends s. 287.09451, F.S., to rename the Office of Supplier Diversity the Office of
Supplier Development. The bill specifies that the office's purpose and duties are to assist rural or
urban business enterprises rather than minority ones. It also removes the provision encouraging
agencies to spend certain percentages of contract money with specific minority business
enterprises.
Section 33 amends s. 287.0947, F.S., to rename the Florida Advisory Council on Small and
Minority Business Development the Florida Advisory Council on Small, Rural, and Urban
Business Development. The bill revises the council’s powers and duties to assess the
implementation of requiring a state economic development comprehensive plan as it relates to
small and certified rural or urban business enterprises.
Section 40 amends s. 288.703, F.S., to delete definitions relating to certified minority business
enterprises and minority business enterprises. The bill revises the definition of an ombudsman to
change the Office of Supplier Diversity to the Office of Supplier Development and provide that
the office coordinate with individuals in assisting rural or urban business enterprises rather than
minority business enterprises.
The bill defines a “certified rural or urban business enterprise” as a business located in a defined
geographic area within Florida where one of the following conditions has been documented in
BILL: CS/SB 1264 Page 6
the most recent census conducted by the Bureau of the Census of the U.S. Department of
Commerce:
• Per capita income in the area is less than 80 percent of Florida’s per capita income.
• The unemployment rate in the area has been greater than the unemployment rate for Florida
by more than 1 percent over the previous 24 months from the time the comparison is made.
Sections 31, 34, 36-42, 44, 47, 51, 69, 71, 72, 75-78, 80, 82, 97, 109, 136, 138-141 amend
sections 212.096, 287.042, 287.09431, 288.001, 288.1167, 288.1229, 288.7015, 288.702,
288.705, 288.776, 290.0056, 331.351, 17.11, 255.101, 255.102, 287.055, 287.057, 287.0943,
288.7031, 290.004, 376.3072, 381.986, 473.3065, 625.3255, 657.042, and 658.67, F.S, to make
conforming and non-substantive changes relating to the repeal of the terms “minority business
enterprises” and “minority persons” and replacing those terms with “rural or urban business
enterprises.”
Florida Regional Planning Councils
Present Situation:
The Florida Legislature passed the Florida Regional Planning Council Act in 1980.11 The
Legislature found that “the problems of growth and development often transcend the boundaries
of individual units of local general-purpose government”12 and that “there is a need for regional
planning agencies to assist local governments to resolve their common problems, engage in
areawide comprehensive and functional planning, administer certain federal and state grants-in-
aid, and provide a regional focus in regard to multiple programs undertaken on an areawide
basis.13
The state has 10 regional planning councils (RPCs), each functioning as an association of that
district’s constituent local governments: West Florida, Apalachee, North Central, Northeast, East
Central, Central, Tampa Bay, Southwest, Treasure Coast, and South.14
Current responsibilities of RPCs include, but are not limited to, the following:
• Comprehensive Regional Planning
o Strategic Regional Policy Plans: develop long-term plans addressing
transportation, housing, emergency response, economic development, and
environmental protection.15
o Growth Management: Review and coordinate local government comprehensive
plans to ensure consistency with regional and state objectives.16
• Economic Development
o Assist local governments with activities designed to promote and facilitate
economic development.17
11
Sections 186.501-186.513, F.S.
12
Section 186.502(a), F.S.
13
Section 186.502(b), F.S.
14
Section 186.512, F.S.
15
Section 186.507, F.S.
16
See chapter 163, F.S.
17
Section 186.502(5), F.S.
BILL: CS/SB 1264 Page 7
• Transportation Planning
o Coordinate regional transportation systems and land development policies.18
o Serve as partners with Metropolitan Planning Organizations to improve regional
mobility.19
• Emergency Preparedness and Disaster Resilience
o Develop and implement emergency response plans with the Florida Division of
Emergency Management.20
Effect of Proposed Changes
Sections 2-14 repeal sections 186.501 – 186.515, F.S., relating to the Regional Planning
Councils.
Section 50 allows local governments to enter into agreements to create regional planning entities
pursuant to ch. 163, F.S.
Sections 52-68, 70, 73, 74, 81, 83-96, 98-108, 110-135, 137, 141, and 148 amend sections
68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177, 163.3178, 163.3184, 163.3245, 163.568,
164.1031, 186.003, 186.006, 186.007, 186.008, 186.803, 187.201, 218.32, 258.501, 260.0142,
288.975, 320.08058, 335.188, 339.155, 339.175, 339.285, 339.63, 339.64, 341.041, 343.54,
366.93, 369.303, 369.307, 373.309, 373.415, 377.703, 378.411, 380.031, 380.045, 380.05,
380.055, 380.06, 380.061, 380.07, 380.23, 380.507, 403.031, 403.0752, 403.503, 403.50663,
403.507, 403.509, 403.5115, 403.5175, 403.518, 403.522, 403.5251, 403.526, 403.5271,
403.5272, 403.5363, 403.5365, 403.537, 403.704, 403.7225, 403.7226, 403.723, 403.9403,
403.941, 403.9422, 403.973, 408.033, 420.609, 501.171, and 1013.30, F.S., to make conforming
and non-substantive changes necessary to implement the bill relating to the repeal of regional
planning councils.
Present Situation
Department of Commerce
The 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.21 The department is also the state’s chief agency for business recruitment and
expansion.22 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.23
18
Section 339.155(4), F.S.
19
Section 339.175(6), F.S.
20
Section 252.385(2), F.S.
21
Section 20.60(4), F.S.
22
Id.
23
Section 20.60(4)(c), F.S.
BILL: CS/SB 1264 Page 8
The head of the department is the Secretary of Commerce, who is appointed by the Governor and
confirmed by the Senate.24 The secretary may create offices within the Office of the Secretary
and within the divisions to promote efficient and effective operation of the department.25 The
department must also ensure that the state’s goals and policies relating to economic development,
workforce development and community planning and development are fully integrated with
appropriate implementation strategies.26
To achieve these goals, the Legislature established 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 Transparency27
The agency is charged with managing the activities of public-private partnerships and state
agencies to avoid duplication and promote coordinated and consistent implementation of
programs, including defense, space, and aerospace development and rural community
development.28
E-Verify & Prohibition against Purchases of Real Property
It is unlawful for any person to knowingly employ, hire, recruit, or refer, either for herself or
himself or on behalf of another, for private or public employment, an alien who is not duly
authorized to work by the immigration laws of the United States, the Attorney General of the
United States, or the United States Secretary of the Department of Homeland Security.29 If the
department finds or is notified by a specified entity that an employer has knowingly employed an
unauthorized alien without verifying the employment eligibility, the department must enter an
order making such determination and require repayment of any economic incentive.30
The department must place the employer on probation for a 1-year period and require that the
employer report quarterly to the department to demonstrate compliance if there was a violation.
Any violation that takes place within 24 months after a previous violation constitutes grounds for
the suspension or revocation of all licenses issued by a licensing agency subject to ch. 120, F.S. 31
24
Section 20.60(2), F.S.
25
Section 20.60(3)(b), F.S.
26
Section 20.60(3), F.S.
27
Id.
28
Section 20.60(4)(e), F.S.
29
Section 448.09(1), F.S.
30
Section 448.09(2), F.S.; Section 288.061(6), F.S., prohibits the Secretary of Commerce from approving an economic
development incentive application unless the application includes proof to the department that the applicant business is
registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees. Upon a
final determination of noncompliance, the awardee must repay all moneys received as an economic development incentive to
the department within 30 days after the final determination.
31
Section 488.09(4), F.S.
BILL: CS/SB 1264 Page 9
Section 448.095, F.S., requires an employer to verify each new employee’s employment
eligibility within 3 business days after the first day that the employee begins working for pay. A
public agency, or private agency with 25 or more employees, must use the E-Verify system to
verify employment eligibility. Each employer required to use the E-Verify system must certify
compliance to the Department of Revenue each year when making contributions to or
reimbursing the state’s unemployment compensation or reemployment assistance system.32
Foreign principals are prohibited from directly or indirectly owning or acquiring by purchase,
grant, devise, or descent any interest in real property within 20 miles of any military installation
or critical infrastructure facility in the state.33 A foreign principal that directly or indirectly owns
or acquires any interest in real property within 20 miles of a military installation or critical
infrastructure facility in the state before July 1, 2023, may continue to own or hold such real
property, but may not purchase or otherwise acquire by grant, devise, or descent any additional
real property within 20 miles of any military installation or critical infrastructure facility in the
state. Additionally, foreign principals must register with the department.34
Similarly, the following persons or entities are prohibited from directly or indirectly owning or
acquiring by purchase, grant, devise, or descent any interest in real property in the state:35
• The People’s Republic of China, the Chinese Communist Party, or any official or member of
the People’s Republic of China or the Chinese Communist Party.
• Any other political party or member of a political party or a subdivision of a political party in
the People’s Republic of China.
• A partnership, an association, a corporation, an organization, or any other combination of
persons organized under the laws of or having its principal place of business in the People’s
Republic of China, or a subsidiary of such entity.
• Any person who is domiciled in the People’s Republic of China and who is not a citizen or
lawful permanent resident of the U.S.
Any person or entity described above that owns or acquires real property in the state before July
1, 2023, must register with the department.36
Annual Incentives Report
The department must provide the Governor and Legislature with a detailed incentives report by
December 30 of each year quantifying the economic benefits for all of the economic
development incentive programs administered by the department and its public-private
partnerships.37
32
Section 448.095(2), F.S.
33
Section 692.203, F.S.
34
Section 692.203(3)(a), F.S.
35
Section 692.204(1), F.S.
36
Section 692.204(4), F.S.
37
Section 288.0065, F.S.
BILL: CS/SB 1264 Page 10
Effect of Proposed Changes
Section 25 amends s. 20.60, F.S., to include business development in rural or urban areas as one
of the programs the department implements.
The bill also revises the Division of Economic Development's (division) responsibilities to
require the division to establish the Office of Secure Florida, which is responsible for
administering and enforcing E-Verify and employment authorization compliance under sections
448.09 and 448.095, F.S., and the prohibition against the purchase and registration of real
property in Florida by foreign principals under sections 692.203 and 692.204, F.S.
Section 35 amends s. 288.0065, F.S., revising the information required in the department’s
annual incentives report to include a description of trends relating to business interest in and
usage of the various incentives and the number of small businesses and businesses in rural or
urban areas receiving incentives.
Present Situation
Law Enforcement Recruitment Bonus Payment
The Law Enforcement Recruitment Bonus Payment Program (Bonus Program), within the
department, administers one-time bonus payments of up to $5,000 to newly employed officers38
in Florida.39 Bonus payments must be prorated based on the funds the Legislature appropriates
for the Bonus Program. The department must develop an annual plan for administering the
Bonus Program and distributing bonus payments to eligible officers. At a minimum, the annual
plan must include:40
• The method for determining the estimated number of newly employed officers to gain or be
appointed to full-time employment during the applicable fiscal year.
• The minimum eligibility requirements a newly employed officer must meet to receive and
retain a bonus payment, which must include:
o Obtaining certification as a law enforcement officer.
o Gaining full-time employment with a Florida criminal justice agency.
o Maintaining continuous full-time employment with one or more Florida criminal
justice agencies for at least two years from the date on which the officer obtained
a certification, provided that an officer employed by more than one criminal
justice agency may not have a break in service longer than 15 days when
transitioning between employers.
• The method that will be used to determine the bonus payment amount to be distributed to
each newly employed officer.
• The method that will be used to distribute bonus payments to employing law enforcement
agencies for distribution to eligible officers.
38
A newly employed officer is a person who gains or is appointed to full-time employment as a certified law enforcement
officer with a Florida criminal justice employing agency on or after July 1, 2022, and who has never before been employed as
a law enforcement officer in Florida. Section 445.08(1)(d), F.S.
39
Section 445.08(2), F.S.
40
Section 445.08(4), F.S.
BILL: CS/SB 1264 Page 11
• The estimated cost to the department associated with developing and administering the
program and distributing bonus payment funds.
• The method by which an officer must reimburse the state if he or she received a bonus
payment but failed to maintain continuous employment for the required two-year period. An
officer is not required to reimburse the state if he or she is discharged from employment with
a law enforcement agency for any reason other than this misconduct.
The Bonus Program expires July 1, 2025.41
Effect of Proposed Changes
Section 48 amends s. 445.08, F.S., revising the eligibility requirements for the Law Enforcement
Recruitment Bonus Payment Program for newly employed law enforcement officers by
removing the requirement that the officer maintain continuous full-time employment with a
Florida criminal justice agency for at least two years from the date on which certification was
obtained. Furthermore, the bill extends the break in service from 15 calendar days to 180 days.
However, the law enforcement officer must provide documentation to the department justifying
the break in service. The department must establish acceptable circumstances for any such break
in service. Any break in service will not count toward satisfying the 2-year full-time employment
requirement.
The bill also deletes the July 1, 2025 expiration date of the program.
Sales and Use Tax Exemptions for Data Centers
Present Situation
Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
property,42 admissions,43 transient rentals,44 and a limited number of services, and a 4.5 percent
sales and use tax on the rental of commercial real estate.45 Chapter 212, F.S., contains provisions
authorizing the levy and collection of Florida’s sale and use tax, as well as the exemptions and
credits applicable to certain items or uses under specified circumstances. Sales tax is added to the
price of the taxable good or service and collected from the purchaser at the time of sale.46
Counties are authorized to impose local discretionary sales surtaxes in addition to the state sales
tax.47 A surtax applies to “all transactions occurring in the county which transactions are subject
to the state tax imposed on sales, use, services, rentals, admissions, and other transactions by [ch.
212, F.S.], and communications services as defined in ch. 202.”48 The discretionary sales surtax
is based on the tax rate imposed by the county where the taxable goods or services are sold or
delivered.
41
Section 445.08(9), F.S.
42
Section 212.05(1)(a)1.a., F.S.
43
Section 212.04(1)(b), F.S.
44
Section 212.03(1)(a), F.S.
45
Section 212.031, F.S.
46
Section 212.07(2), F.S.
47
Section 212.055, F.S.
48
Section 212.054(2)(a), F.S.
BILL: CS/SB 1264 Page 12
Certain data center property49 is exempt from the sales and use tax.50 To be eligible for the
exemption, the data center’s owners and tenants must make a cumulative capital investment of
$150 million or more. The data center must also have a critical IT load of 15 megawatts or
higher and a critical IT load of 1 megawatt or higher dedicated to each individual owner or
tenant within the data center. To receive the exemption, the person seeking the exemption must
apply to the Department of Revenue for a temporary tax exemption certificate.51 However, the
Department of Revenue is prohibited from issuing a temporary sales and use tax exemption for
those properties after June 30, 2027.52
Effect of Proposed Changes
Section 26 amends s. 212.08, F.S., to repeal the expiration of the data center sales tax exemption
on June 30, 2027.
Hurricane Loss Mitigation Program
Present Situation
The Legislature created the Florida Hurricane Catastrophe Fund (FHFC), a tax-exempt trust
fund, in 199353 in response to problems that developed in the residential property insurance
industry following a series of catastrophic events, including Hurricane Andrew in 1992. When
the Internal Revenue Service granted FHFC tax-exempt status, it required a certain amount of
FHFC funds be appropriated for hurricane mitigation purposes.
In 1999,54 the Legislature created the Hurricane Loss Mitigation Program under the Division of
Emergency Management. The program is funded by the annual appropriation of $10 million
from the FHFC and funds are to be used as follows:55
• $7 million for programs to improve the wind resistance of residences and mobile homes;
educating persons concerning the Florida Building Code cooperative programs with local
governments and the Federal Government; and other efforts to prevent or reduce losses or
reduce the cost of rebuilding after a disaster.
• $3 million for retrofitting public facilities for use as hurricane shelters. Each year, the
Division of Emergency Management must prioritize the use of the funds for projects
included in the annual report of the Shelter Development Report. The Division of Emergency
Management must give funding priority to projects in regional planning council regions that
have shelter deficits and to projects that maximize the use of state funds.
49
Data center property is property used exclusively at a data center to construct, outfit, operate, support, power, cool,
dehumidify, secure, or protect a data center and any contiguous dedicated substations. The term includes, but is not limited
to, construction materials, component parts, machinery, equipment, computers, servers, installations, redundancies, and
operating or enabling software. Section 212.08(5)(r)1.c.(IV), F.S.
50
Section 212.08(5)(r), F.S.
51
Section 212.08(5)(r)1.c.(IV)(d)3., F.S.
52
Section 212.08(5)(r)1.c.(IV)(e)., F.S.
53
Chapter 93-409, Laws of Fla.
54
Chapter 99-305, Laws of Fla.
55
Section 215.559(1), F.S.
BILL: CS/SB 1264 Page 13
Effect of Proposed Changes
Section 27 amends s. 215.559, F.S., to require the Division of Emergency Management to
prioritize funding under the Hurricane Loss Mitigation Program to projects in regional planning
council regions as those regions existed on January 1, 2025.
Public Shelter Spaces
Present Situation
The Division of Emergency Management manages a program for surveying existing private and
public buildings, with the owner’s consent, to identify appropriately designed and located
shelters in the event of an emergency.56 By January 31 of each even-numbered year, the Division
of Emergency Management must prepare and submit a statewide emergency shelter plan to the
Governor and Cabinet for approval. The plan must project the state's hurricane shelter needs for
each of the next five years. Additionally, the plan must identify the general location and square
footage of special needs shelters by regional planning council region.57
The list of facilities recommended for retrofitting using state funds must be provided annually to
the Governor and the Legislature. State funds should be maximized and targeted to regional
planning council regions with hurricane evacuation shelter deficits.58
Effect of Proposed Changes
Section 28 amends s. 252.385, F.S., to require the statewide emergency shelter plan to identify
the general location and square footage of special needs shelters annually through 2030. The bill
also provides that state funds must be maximized and targeted to regional planning council
regions as those regions existed on January 1, 2025.
Military Base Protection
Present Situation
The Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) holds state
lands in trust for the use and benefit of the people of Florida.59 The Board of Trustees consists of
the Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture. This
body may acquire, sell, transfer, and administer state lands in the manner consistent with chs.
253 and 259, F.S.60 The Department of Environmental Protection (DEP), through its Division of
State Lands (DSL), performs all staff duties and functions related to the acquisition,
administration, and disposition of state lands.61
56
Section 252.385(2)(a), F.S.
57
Section 252.385(2)(b), F.S.
58
Section 252.385(3), F.S.
59
Section 253.001, F.S.
60
Section 253.02(1), F.S.
61
Section 253.002(1), F.S.
BILL: CS/SB 1264 Page 14
“Conservation lands” are lands managed for conservation, outdoor resource-based recreation, or
archaeological or historic preservation, except those lands acquired solely to facilitate the
acquisition of other conservation lands.62
The Board of Trustees may acquire nonconservation lands from the department's annual list
through the Military Base Protection Program to buffer a military installation against
encroachment.63 A conveyance at less than appraised value must state that the land will revert to
the Board of Trustees if the land is not used for its intended purposes as a military installation
buffer or if the military installation closes.64
Effect of Proposed Changes
Section 29 amends s. 253.025, F.S., to provide an exemption from land being reverted to the
Board of Trustees if land conveyances are at less than the appraised value. The exemption
applies to federal government agencies, including the Department of Defense, the Army, the
Navy, the Air Force, and the U.S. Coast Guard, if the primary purpose of remaining as a military
installation buffer continues, even though the specific military purpose, mission, and function on
the conveyed land is modified or changes from that which was present or proposed at the time of
the conveyance.
Research, Innovation, Science, and Engineering (RISE) Investment Tax Credit Program
Effect of Proposed Changes
Section 43 creates s. 288.9628, F.S., relating to the Research, Innovation, Science, and
Engineering (RISE) Investment Tax Credit Program within the department to increase venture
capital investment in Florida. The department must coordinate with the Florida Opportunity
Fund and the State Board of Administration in reviewing and approving applications for tax
credits under this section.
Application: An applicant must apply to the department for authorization to claim RISE tax
credits. The department must review and approve or deny a complete application within 60
calendar days after the complete application has been submitted. An applicant must demonstrate
to the department’s satisfaction within 12 months after the complete application has been
submitted that the qualifying private fund65 has received at least the total capital commitment
contained in its application. The application must include specified names of investors, number
of qualifying instruments, and total capital commitment.
62
Section 253.034(2)(c), F.S.
63
Section 253.025(21)(a), F.S.
64
Section 253.025(21)(d), F.S.
65
By reference to s. 517.12(22), F.S., a “qualifying private fund” means: a private fund that meets the definition of the term
“qualifying private fund” in Securities and Exchange Commission Rule 203(m)-1, 17 C.F.R. s. 275.203(m)-1; a private fund
that meets the definition of the term “venture capital fund” in Securities and Exchange Commission Rule 203(l)-1, 17 C.F.R.
s. 275.203(l)-1; or a “venture capital operating company” as defined in 29 C.F.R. s. 2510.3-101(d) adopted by the United
States Department of Labor under the Employee Retirement Income Security Act of 1974. The definition also includes an
“angel investor group,” defined by s. 517.021, F.S., as a group of accredited investors who hold regular meetings and have
defined processes and procedures for making investment decisions, individually or among the membership of the group, and
who are not associated persons, affiliates, or agents of a dealer or investment adviser.
BILL: CS/SB 1264 Page 15
Tax credits and revocation: To receive tax credits, a qualifying private fund must provide
documentation that demonstrates to the department’s reasonable satisfaction that the qualifying
investment meets requirements. A qualifying private fund must make at least one qualified
investment in at least one qualifying portfolio project to be eligible to receive tax credits under
this section. Each submission by a qualifying private fund to receive tax credits for a qualifying
investment in a qualifying portfolio company must include, at a minimum: the amount of cash
deployed in a qualifying portfolio company, the total number of employees employed by the
qualifying portfolio company, and the total number of Florida-based, full-time equivalent
employees employed by the qualifying portfolio company.
A qualifying private fund may receive tax credits equivalent to 25 percent of a qualifying
investment in a qualifying portfolio company. Upon a determination by the department that the
qualifying investment meets the requirements, the department must authorize the Department of
Revenue to issue tax credits to the qualifying private fund. The Department of Revenue may not
issue more than one-fifth of the tax credits authorized for a qualifying investment in a qualifying
portfolio company in a fiscal year. Credits received pursuant to this section may be applied
against the qualifying private fund’s corporate income tax liability. A qualifying private fund
may elect to sell or transfer, in whole or in part, any tax credit issued under this section. An
election to sell or transfer any tax credit received pursuant to this section must be made no later
than 5 years after the date the credit is received by the qualifying private fund, after which the
credit expires and may not be used. A qualifying private fund may not sell or transfer credits that
have been authorized by the department but not yet issued by the Department of Revenue.
The department may revoke or modify any written decision qualifying, certifying, or otherwise
granting eligibility for tax credits under this section if it is discovered that the qualifying private
fund submitted any false statement, representation, or certification in any application filed in an
attempt to receive tax credits under this section, or if the information in a previously completed
application materially changes. The department must immediately notify the Department of
Revenue of any revoked or modified orders affecting previously granted tax credits.
Additionally, the qualifying private fund must notify the Department of Revenue of any change
in its tax credit claimed.
Compliance: A qualifying private fund must annually report to the department for each
qualifying investment for 5 years after authorization to receive credits. Failure to do so will result
in the qualifying private fund’s tax credit being revoked. To receive a tax credit, a qualifying
fund must submit the following to the department: certification that there have been no material
changes to the information contained in the application or, a disclosure containing all material
changes, if any; documentation supporting the total number of full-time equivalent employees
employed by the qualifying portfolio company; documentation supporting the total number of
full-time equivalent employees employed in this state by the qualifying portfolio company; and
documentation supporting that the qualifying private fund has not exited its position from the
qualifying portfolio company through acquisition by a company not based in this state. For
purposes of this section and part III of chapter 692, committed capital invested in a qualifying
portfolio company by a venture capital fund may not be construed as having ownership of the
qualifying portfolio company.
BILL: CS/SB 1264 Page 16
Sanctions: The department must revoke and recapture the tax credits from the qualifying private
fund and the Department of Revenue if a qualifying investment does not report to the department
annually for five years after authorization to receive the tax credits. In such instances, the
qualifying private fund must repay to the department an amount equal to 50% of the tax credits
claimed by a qualifying portfolio company for the qualifying investment. Recaptured funds must
be deposited into the General Revenue Fund. The department must also revoke and recapture the
approval of tax credits for submitting a false statement, representation, or certification in an
application by a qualifying private fund. In such instances, the qualifying private fund must
repay the department an amount equal to 100% of the tax credits authorized by the department.
Recaptured funds must be deposited into the General Revenue Fund.
Priority of tax credits: Fifty percent of the tax credits must be made available from July 1 to
December 31 each year to provide tax credits for qualifying investments in qualifying portfolio
companies located in rural communities defined in s. 288.065(2), F.S. All remaining tax credits
must be made available from January 1 to June 30 of each year on a first-come, first-served
basis, subject to the eligibility of the qualifying investment.
Reporting and rulemaking: Beginning December 30, 2026, the department must include the
amounts of tax credits authorized and received, the total number of jobs created, and the total
number of jobs created in this state in its annual incentives report required in s. 288.0065, F.S.
The department is authorized to adopt rules to implement this section.
Space Florida
Present Situation
Space Florida is an independent special district66 created to promote aerospace business
development by facilitating business and infrastructure financing, spaceport operations, research
and development, workforce development, and innovative education programs.67 Space Florida
acts as the single point of contact for state aerospace-related activities with federal agencies, the
military, state agencies, businesses, and the private sector.68 Space Florida may purchase or
construct facilities; set rates, fees, and charges for the use of facilities, and undertake joint
financing with municipalities or private sector entities for any project.69
66
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate with a limited
geographic boundary. See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019). Special
districts are created by general law, special act, local ordinance, or by rule of the Governor and Cabinet. See ss. 189.02(1),
189.031(3), and. 190.005(1), F.S. See generally s. 189.012(6), F.S. A special district has only those powers expressly provided
by, or reasonably implied from, the authority provided in the district’s charter. Special districts provide specific municipal
services in addition to, or in place of, those provided by a municipality or county. A “dependent special district” is a special
district subject to significant control by the governing body of a single county or municipality. Section 189.012(2), F.S. An
“independent special district” is any district that is not a dependent special district. Section 189.012(3), F.S.
67
Section 331.302, F.S.
68
Section 331.3011, F.S.
69
Section 331.305, F.S.
BILL: CS/SB 1264 Page 17
Space Florida is not an agency for the purpose of fiscal affairs of the state, appropriations acts,
legislative budgets, and approved budgets70 or for the procurement of personal property and
services.71
Agency Procurement Requirements
Section 287.055, F.S., the Consultants Competitive Negotiation Act, specifies the competitive
selection process to be followed by an agency when procuring professional services, which
include architecture, professional engineering, landscape architecture, or registered surveying
and mapping, as defined by the laws of the state, or those performed by any architect,
professional engineer, landscape architect, or registered surveyor and mapper in connection with
his or her professional employment or practice.72 Section 255.20, F.S., specifies the procurement
process to be followed for local bids and contracts for public construction projects.
Effect of Proposed Changes
Section 46 amends s. 331.302, F.S., to provide that Space Florida is not an agency under s.
287.055, F.S., for purposes of its ability to bid and contract in professional or construction
services, or both, under an arrangement with a person when:
• The person offering personal or construction goods or services is not subject to the
requirements of s. 287.055, F.S.;
• Space Florida and the person execute a contract with terms acceptable to Space Florida; and
• The person provides to Space Florida via contract an unqualified representation and warranty
that the payments by the person to Space Florida in return for the possession and use of the
project by the person will not be derived, directly or indirectly, from state or local
government funds.
The bill specifies monies received by the person contracted to provide goods produced and
services provided from government entities in the ordinary course of its operation of the project
are not state or local government funds.
Managerial Employees
Present Situation
Section 110.205, F.S., specifies the state employees who are classified as career service, and
designates the positions that are exempt from career service. Pursuant to s. 110.205(2)(w), F.S.,
managerial employees, as defined in s. 447.203(4), F.S., are exempt from career service.
Pursuant to s. 110.603, F.S., the DMS must adopt a classification plan and a pay plan consisting
of pay bands appropriate to the positions included in the Selected Exempt Service and which
provides for salary increases based on performance. Such pay bands must be designed to attract
and retain qualified personnel for the Selected Exempt Service. The pay plan and benefit
package for the Selected Exempt Service must provide for greater pay and benefits overall than
70
See s. 216.011(1)(ww), F.S.
71
See s. 287.012(1), F.S.
72
Section 287.055(2)(a), F.S.
BILL: CS/SB 1264 Page 18
are provided for the Career Service and less pay and benefits overall than are provided for the
Senior Management Service.
Effect of Proposed Changes
Section 49 amends s. 447.203, F.S., to revise the definition of “managerial employees” to
include those who have a significant and specific role executing statewide business and
economic development projects in support of business recruitment, retention, and expansion.
This has the effect of classifying such employees as Selected Exempt Service, pursuant to use of
that definition in s. 110.205(2)(w), F.S.
Miscellaneous Provisions
Sections 142 - 150 reenact ss. 110.205, 163.3162, 373.129, 339.2819, 380.0552, 403.5064,
403.5251, 403.5271, 403.9421, F.S., for the purpose of incorporating the amendments made
under this bill.
Section 151 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Single Subject
Article III, Section 6 of the State Constitution requires every law to “embrace but one
subject and matter properly connected therewith.” The purpose of this single subject
prohibition is to prohibit logrolling, in which multiple unrelated measures are combined
in one bill in order to secure passage of a measure that is unlikely to pass on its own
merits.73 An act may be as broad as the Legislature chooses, provided the matters
73
Santos v. State, 380 So.2d 1284 (Fla. 1980).
BILL: CS/SB 1264 Page 19
included in the act have a natural or logical connection.74 The requirement is violated if a
law is written to accomplish separate and disassociated objects of legislative intent.75 The
Florida Supreme Court has opined that the single subject clause contains three
requirements. First, each law shall embrace only one subject. Second, the law may
include any matter that is properly connected with the subject. The third requirement,
related to the first, is that the subject shall be briefly expressed in the title.76
The bill is entitled “An act relating to rural and urban business enterprises.” Section 29 of
the bill relates to the acquisition of state lands for purposes of buffering military
installations, and section 51 relates to the Law Enforcement Recruitment Bonus Payment
Program.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.
The bill may have a positive fiscal impact on local governments that have data centers
due to the extension of the existing sales and use tax exemption certain data centers
receive because the exemption could lead to additional economic growth.77 However, the
bill is likely to have a negative fiscal impact on general revenue.
The bill allocates $100 million in tax credits under the RISE tax credit program.
However, the credits are issued in one-fifth increments over five years and must be
matched with new capital and revenue production.
B. Private Sector Impact:
Employers may benefit from utilizing the Office of Secure Florida's resources to verify
employment eligibility through E-Verify.
Businesses participating in the RISE investment tax credit program may see an increase
in high-paying jobs in high-tech, manufacturing, and research and development sectors.
C. Government Sector Impact:
The bill may have a negative fiscal impact on the department due to the creation of the
Office of Secure Florida. However, the department’s legislative budget request includes
additional staff for the Office.78
The bill could impact state expenditures by deleting the expiration date of the Law
Enforcement Recruitment Bonus Payment Program, if the program is funded.
74
Chenoweth v. Kemp, 396 So.2d 1122 (Fla. 1981).
75
State ex rel. Landis v. Thompson, 163 So. 270 (Fla. 1935).
76
Franklin v. State, 887 So.2d 1063, 1072 (Fla. 2004).
77
Department of Commerce analysis for SB 1264 (2025). On file with the Senate Commerce and Tourism Committee.
78
Id.
BILL: CS/SB 1264 Page 20
VI. Technical Deficiencies:
None.
VII. Related Issues:
Section 26 of the bill repeals the data center sales tax exemption's expiration date of June 30,
2027. It does not provide a future expiration date, thus allowing certain data centers to enjoy an
indefinite exemption.
Section 48 of the bill extends the break in service from 15 calendar days to 180 days for newly
employed officers participating in the Law Enforcement Recruitment Bonus Payment Program.
The bill also provides that any break in service will not count toward satisfying the 2-year full-
time employment requirement under the program. It is unclear if an officer must start the 2-year
commitment over after the break in service.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 20.60, 212.08,
215.559, 252.385, 253.025, 287.012, 287.042, 287.09451, 287.0947, 288.001, 288.0065,
288.1167, 288.1229, 288.7015, 288.702, 288.703, 288.705, 288.776, 290.0056, 290.0057,
331.302, 331.351, 445.08, 447.203, 17.11, 68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177,
163.3178, 163.3184, 163.3245, 163.568, 164.1031, 186.003, 186.006, 186.007, 186.008,
186.803, 187.201, 212.096, 218.32, 255.101, 255.102, 258.501, 260.0142, 287.057, 287.0943,
287.09431, 288.001, 287.055, 288.7031, 288.975, 290.004, 320.08058, 335.188, 339.155,
339.175, 339.285, 339.63, 339.64, 341.041, 343.54, 366.93, 369.303, 369.307, 373.309, 373.415,
376.3072, 377.703, 378.411, 380.031, 380.045, 380.05, 380.055, 380.06, 380.061, 380.07,
380.23, 380.507, 381.986, 403.031, 403.0752, 403.503, 403.50663, 403.507, 403.509, 403.5115,
403.5175, 403.518, 403.522, 403.526, 403.5271, 403.5272, 403.5363, 403.5365, 403.537,
403.704, 403.7225, 403.7226, 403.723, 403.9403, 403.941, 403.9422, 403.973, 408.033,
420.609, 473.3065, 501.171, 625.3255, 657.042, 658.67, 1013.30, 215.971, 257.193, 288.0655,
627.6699, 288.0001, 110.205, 163.3162, 373.129, 339.2819, 380.0552, 403.5064, 403.9421.
This bill creates the following sections of the Florida Statutes: 288.9628.
This bill repeals the following sections of the Florida Statutes: 24.113, 186.501, 186.502,
186.503, 186.504, 186.505, 186.506, 186.507, 186.508, 186.509, 186.511, 186.512, 186.513,
186.515, 287.0931, 288.12266, 288.124, 288.706, 288.7094, 288.7102, 288.71025, 288.7103,
and 288.714.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 31, 2025:
The CS:
BILL: CS/SB 1264 Page 21
• Removes provisions relating to the Rural Economic Development Initiative and the
Rural Accelerator Program.
• Removes sections making conforming changes related to the Rural Economic
Development Initiative.
• Retains the current statutory definition for a “minority person” in s. 288.703, F.S.
Relating to the RISE Investment Tax Credit Program, the CS:
• Requires the Department of Commerce (department) to revoke and recapture to the
qualifying private fund and the Department of Revenue if a qualifying investment
does not annually report to the department for five years after authorization to receive
the credits. In such instances, the qualifying private fund must repay to the
department an amount equal to 50% of the tax credits authorized.
• Requires the department to revoke and recapture the approval of tax credits for
submitting a false statement, representation, or certification in any application by a
qualifying private fund. In such instances, the qualifying private fund must repay the
department an amount equal to 100% of the tax credits authorized by the department.
• Requires 50% of tax credits be made available from July 1 to December 31 of each
year. All remaining tax credits must be made available from January 1 to June 30 of
each year on a first-come, first-served basis.
• Authorizes the department to adopt rules to implement the program.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1264 Bill No. SB 1264
Ì8805081Î880508 Ì8805081Î880508
LEGISLATIVE ACTION 11 provisions for food and beverage concession and
Senate . House 12 contract awards; amending s. 288.12266, F.S.; revising
Comm: WD . 13 the purpose of the Targeted Marketing Assistance
03/31/2025 . 14 Program to include businesses in rural or urban areas;
. 15 amending s. 288.1229, F.S.; revising the
. 16 representational criteria for the board of directors
. 17 of the Florida Sports Foundation; amending s. 288.124,
18 F.S.; deleting a requirement that the Florida Tourism
19 Industry Marketing Corporation give preference to
20 specified governments and groups seeking to attract
21 minority conventions in this state; amending s.
22 288.7015, F.S.; revising the duties of the state’s
23 rules ombudsman; amending s. 288.702, F.S.; renaming
24 the Florida Small and Minority Business Assistance Act
25 as the Florida Small Business Act; conforming a cross-
The Committee on Commerce and Tourism (Collins) recommended the 26 reference; amending s. 288.703, F.S.; defining,
following: 27 deleting, and revising terms; amending s. 288.705,
28 F.S.; requiring that the Small Business Development
1 Senate Amendment (with title amendment) 29 Center, in coordination with Minority Business
2 30 Development Centers, compile and distribute certain
3 Delete lines 1307 - 1389. 31 information to small businesses and businesses located
4 Delete lines 4970 - 5083. 32 in rural or urban areas, rather than to minority
5 33 businesses; revising the information to be provided by
6 ================= T I T L E A M E N D M E N T ================ 34 the Small Business Development Center in its annual
7 And the title is amended as follows: 35 report to the Department of Commerce; amending s.
8 Delete lines 76 - 253 36 288.776, F.S.; deleting a membership requirement of
9 and insert: 37 the board of directors of the Florida Export Finance
10 288.1167, F.S.; revising the sports franchise contract 38 Corporation; creating s. 288.9628, F.S.; providing
39 legislative findings; establishing the Research,
Page 1 of 7 Page 2 of 7
3/28/2025 11:44:06 AM 577-02466-25 3/28/2025 11:44:06 AM 577-02466-25
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1264 Bill No. SB 1264
Ì8805081Î880508 Ì8805081Î880508
40 Innovation, Science, and Engineering (RISE) Investment 69 specified number of qualifying portfolio projects to
41 Tax Credit Program within the Department of Commerce; 70 be eligible for a tax credit; specifying the
42 providing the purpose for the program; requiring the 71 information that must be included in the submission by
43 department to coordinate with the Florida Opportunity 72 a qualifying private fund; authorizing a qualifying
44 Fund and the State Board of Administration for a 73 private fund to receive tax credits equivalent to a
45 specified purpose; defining terms; requiring an 74 certain percentage of a qualifying investment in a
46 applicant to apply to the department for authorization 75 qualifying portfolio company; requiring the department
47 to claim tax credits; requiring the department to 76 to authorize the Department of Revenue to issue tax
48 review and act upon such application within a 77 credits to a qualifying private fund if certain
49 specified timeframe; requiring the applicant to 78 requirements are met; prohibiting the Department of
50 provide certain information required by the 79 Revenue from issuing more than a specified fraction of
51 department; specifying the information that must be 80 the tax credits authorized for a qualifying investment
52 included in the application; requiring an applicant to 81 in a qualifying portfolio company in a fiscal year;
53 update its application if there has been a material 82 authorizing credits received to be applied against the
54 change; prohibiting tax credits from exceeding a 83 qualifying private fund’s corporate income tax
55 specified amount in a fiscal year; prohibiting the 84 liability; authorizing a qualifying private fund to
56 department from issuing a tax credit to a qualifying 85 transfer or sell any portion of its tax credit;
57 private fund until the private fund demonstrates it 86 requiring such transfer or sale to take place within a
58 has received its total capital commitment; prohibiting 87 specified timeframe, after which the credit expires;
59 the department from authorizing more than a specified 88 prohibiting such transfer or sale if the department
60 amount of tax credits to a qualifying private fund in 89 authorizes the credit but the Department of Revenue
61 a fiscal year; requiring a qualifying private fund to 90 has not yet issued such credit; authorizing the
62 provide documentation to show that the qualifying 91 department to revoke or modify its previous decisions
63 investment meets the department’s requirements to 92 if it is discovered that the qualifying private fund
64 issue a tax credit; providing that follow-on or add-on 93 submitted any false statement, representation, or
65 capital commitments may only be considered after the 94 certification in its application or if information in
66 follow-on or add-on investment has been deployed; 95 a previous application materially changes; requiring
67 requiring a qualifying private fund to make a 96 the department to notify the Department of Revenue of
68 specified number of qualified investments in a 97 any such revocation or modification affecting
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98 previously granted tax credits; requiring the 127 women, minorities, and socially and economically
99 qualifying private fund to notify the Department of 128 disadvantaged business enterprises, be encouraged to
100 Revenue of any change in its tax credit claimed; 129 participate fully in specified development; amending
101 requiring that a qualifying private fund must annually 130 s. 445.004, F.S.; deleting minority and gender
102 report to the department for each investment within a 131 representation as criteria for the Governor to
103 specified timeframe in order to remain eligible to 132 consider when choosing the members of the state board
104 receive tax credits; providing that failure to do so 133 of CareerSource Florida, Inc.; amending s. 445.007,
105 will result in the qualifying private fund’s tax 134 F.S.; deleting minority and gender representation as a
106 credit being revoked; requiring a qualifying private 135 consideration when making appointments to the local
107 fund to submit specified information to the department 136 workforce development boards or to any committees
108 in order to receive a tax credit; providing 137 established by the local workforce development board;
109 construction; requiring the department to include 138 amending s. 445.08, F.S.; revising the minimum
110 specified information in its annual incentives report 139 eligibility requirements for the Florida Law
111 beginning on a specified date and annually thereafter; 140 Enforcement Recruitment Bonus Payment Program for
112 authorizing the department to adopt rules; amending s. 141 newly employed law enforcement officers; deleting an
113 290.0056, F.S.; conforming provisions to changes made 142 expiration date; amending s. 447.203, F.S.; revising
114 by the act; amending s. 290.0057, F.S.; revising 143 the definition of the term “managerial employees”;
115 enterprise zone development plan requirements to 144 authorizing local governments to enter into agreements
116 include business investment corporations in rural or 145 to create regional planning entities; amending ss.
117 urban areas; amending s. 331.302, F.S.; providing that 146 17.11, 68.082, 120.52, 120.525, 120.65, 163.3164,
118 Space Florida is not an agency for purposes of its 147 163.3177, 163.3178, 163.3184, 163.3245, 163.568,
119 ability to bid and contract for certain professional 148 164.1031, 186.003, 186.006, 186.007, 186.008, 186.803,
120 and construction services under certain circumstances, 149 187.201, 218.32, 255.101, 255.102, 258.501, 260.0142,
121 and is therefore exempt from certain requirements; 150 287.042, 287.055, 287.057, 287.0943, 288.7031,
122 providing that monies received by the person under 151 288.975, 290.004, 320.08058, 320.63, 335.188, 339.155,
123 contract with Space Florida to provide certain goods 152 339.175, 339.285, 339.63, 339.64, 341.041, 343.54,
124 and services are not state or local government funds; 153 366.93, 369.303, 369.307, 373.309, 373.415, 377.703,
125 amending s. 331.351, F.S.; revising legislative intent 154 378.411, 380.031, 380.045, 380.05, 380.055, 380.06,
126 that rural or urban business enterprises, rather than 155 380.061, 380.07, 380.23, 380.507, 381.986, 403.031,
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156 403.0752, 403.503, 403.50663, 403.507, 403.509, LEGISLATIVE ACTION
157 403.5115, 403.5175, 403.518, 403.522, 403.5251, Senate . House
158 403.526, 403.5271, 403.5272, 403.5363, 403.5365, Comm: RCS .
159 403.537, 403.704, 403.7225, 403.7226, 403.723, 03/31/2025 .
160 403.9403, 403.941, 403.9422, 403.973, 408.033, .
161 409.901, 420.609, 440.45, 473.3065, 501.171, 625.3255, .
162 627.3511, 641.217, 657.042, 658.67, 947.02, 947.021, .
163 1004.435, and 1013.30, F.S.; conforming provisions to
164 changes made by the act; revising and conforming
165 cross-references; making technical changes; reenacting
166 s. 288.0001(2)(b),
The Committee on Commerce and Tourism (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 24.113, Florida Statutes, is repealed.
6 Section 2. Section 186.501, Florida Statutes, is repealed.
7 Section 3. Section 186.502, Florida Statutes, is repealed.
8 Section 4. Section 186.503, Florida Statutes, is repealed.
9 Section 5. Section 186.504, Florida Statutes, is repealed.
10 Section 6. Section 186.505, Florida Statutes, is repealed.
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11 Section 7. Section 186.506, Florida Statutes, is repealed. 40 in working with the Legislature, state agencies, business
12 Section 8. Section 186.507, Florida Statutes, is repealed. 41 leaders, and economic development professionals to formulate and
13 Section 9. Section 186.508, Florida Statutes, is repealed. 42 implement coherent and consistent policies and strategies
14 Section 10. Section 186.509, Florida Statutes, is repealed. 43 designed to promote economic opportunities for all Floridians.
15 Section 11. Section 186.511, Florida Statutes, is repealed. 44 The department is the state’s chief agency for business
16 Section 12. Section 186.512, Florida Statutes, is repealed. 45 recruitment and expansion and economic development. To
17 Section 13. Section 186.513, Florida Statutes, is repealed. 46 accomplish such purposes, the department shall:
18 Section 14. Section 186.515, Florida Statutes, is repealed. 47 (e) Manage the activities of public-private partnerships
19 Section 15. Section 287.0931, Florida Statutes, is 48 and state agencies in order to avoid duplication and promote
20 repealed. 49 coordinated and consistent implementation of programs in areas
21 Section 16. Section 288.12266, Florida Statutes, is 50 including, but not limited to, tourism; international trade and
22 repealed. 51 investment; business recruitment, creation, retention, and
23 Section 17. Section 288.124, Florida Statutes, is repealed. 52 expansion; minority and small business development; business
24 Section 18. Section 288.706, Florida Statutes, is repealed. 53 development in rural or urban areas; defense, space, and
25 Section 19. Section 288.7094, Florida Statutes, is 54 aerospace development; rural community development; and the
26 repealed. 55 development and promotion of professional and amateur sporting
27 Section 20. Section 288.7102, Florida Statutes, is 56 events.
28 repealed. 57 (k) Assist, promote, and enhance economic opportunities for
29 Section 21. Section 288.71025, Florida Statutes, is 58 this state’s minority-owned businesses and rural or and urban
30 repealed. 59 communities.
31 Section 22. Section 288.7103, Florida Statutes, is 60 (5) The divisions within the department have specific
32 repealed. 61 responsibilities to achieve the duties, responsibilities, and
33 Section 23. Section 288.714, Florida Statutes, is repealed. 62 goals of the department. Specifically:
34 Section 24. Section 331.351, Florida Statutes, is repealed. 63 (a) The Division of Economic Development shall:
35 Section 25. Paragraphs (e) and (k) of subsection (4) and 64 1. Analyze and evaluate business prospects identified by
36 paragraph (a) of subsection (5) of section 20.60, Florida 65 the Governor and the secretary.
37 Statutes, are amended to read: 66 2. Administer certain tax refund, tax credit, and grant
38 20.60 Department of Commerce; creation; powers and duties.— 67 programs created in law. Notwithstanding any other provision of
39 (4) The purpose of the department is to assist the Governor 68 law, the department may expend interest earned from the
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69 investment of program funds deposited in the Grants and 98 their associated industrial clusters.
70 Donations Trust Fund to contract for the administration of those 99 c. Specific provisions for the stimulation of economic
71 programs, or portions of the programs, assigned to the 100 development and job creation in rural areas and midsize cities
72 department by law, by the appropriations process, or by the 101 and counties of the state, including strategies for rural
73 Governor. Such expenditures are shall be subject to review under 102 marketing and the development of infrastructure in rural areas.
74 chapter 216. 103 d. Provisions for the promotion of the successful long-term
75 3. Develop measurement protocols for the state incentive 104 economic development of the state with increased emphasis in
76 programs and for the contracted entities which will be used to 105 market research and information.
77 determine their performance and competitive value to the state. 106 e. Plans for the generation of foreign investment in the
78 Performance measures, benchmarks, and sanctions must be 107 state which create jobs paying above-average wages and which
79 developed in consultation with the legislative appropriations 108 result in reverse investment in the state, including programs
80 committees and the appropriate substantive committees, and are 109 that establish viable overseas markets, assist in meeting the
81 subject to the review and approval process provided in s. 110 financing requirements of export-ready firms, broaden
82 216.177. The approved performance measures, standards, and 111 opportunities for international joint venture relationships, use
83 sanctions must shall be included and made a part of the 112 the resources of academic and other institutions, coordinate
84 strategic plan for contracts entered into for delivery of 113 trade assistance and facilitation services, and facilitate
85 programs authorized by this section. 114 availability of and access to education and training programs
86 4. Develop a 5-year statewide strategic plan. The strategic 115 that assure requisite skills and competencies necessary to
87 plan must include, but need not be limited to: 116 compete successfully in the global marketplace.
88 a. Strategies for the promotion of business formation, 117 f. The identification of business sectors that are of
89 expansion, recruitment, and retention through aggressive 118 current or future importance to the state’s economy and to the
90 marketing, attraction of venture capital and finance 119 state’s global business image, and development of specific
91 development, domestic trade, international development, and 120 strategies to promote the development of such sectors.
92 export assistance, which lead to more and better jobs and higher 121 g. Strategies for talent development necessary in the state
93 wages for all geographic regions, disadvantaged communities, and 122 to encourage economic development growth, taking into account
94 populations of the state, including rural areas, minority 123 factors such as the state’s talent supply chain, education and
95 businesses, and urban core areas. 124 training opportunities, and available workforce.
96 b. The development of realistic policies and programs to 125 h. Strategies and plans to support this state’s defense,
97 further the economic diversity of the state, its regions, and 126 space, and aerospace industries and the emerging complementary
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127 business activities and industries that support the development 156 chapter.
128 and growth of defense, space, and aerospace in this state. 157 (5) EXEMPTIONS; ACCOUNT OF USE.—
129 5. Update the strategic plan every 5 years. 158 (r) Data center property.—
130 6. Involve CareerSource Florida, Inc.; direct-support 159 1. As used in this paragraph, the term:
131 organizations of the department; local governments; the general 160 a. “Critical IT load” means that portion of electric power
132 public; local and regional economic development organizations; 161 capacity, expressed in terms of megawatts, which is reserved
133 other local, state, and federal economic, international, and 162 solely for owners or tenants of a data center to operate their
134 workforce development entities; the business community; and 163 computer server equipment. The term does not include any
135 educational institutions to assist with the strategic plan. 164 ancillary load for cooling, lighting, common areas, or other
136 7. Coordinate with the Florida Tourism Industry Marketing 165 equipment.
137 Corporation in the development of the 4-year marketing plan 166 b. “Cumulative capital investment” means the combined total
138 pursuant to s. 288.1226(13). 167 of all expenses incurred by the owners or tenants of a data
139 8. Administer and manage relationships, as appropriate, 168 center after July 1, 2017, in connection with acquiring,
140 with the entities and programs created pursuant to the Florida 169 constructing, installing, equipping, or expanding the data
141 Capital Formation Act, ss. 288.9621-288.96255. 170 center. However, the term does not include any expenses incurred
142 9. Establish the Office of Secure Florida. The office is 171 in the acquisition of improved real property operating as a data
143 responsible for administering and enforcing: 172 center at the time of acquisition or within 6 months before the
144 a. E-Verify and employment authorization compliance, as set 173 acquisition.
145 forth in ss. 448.09 and 448.095. 174 c. “Data center” means a facility that:
146 b. The prohibition against the purchase and registration of 175 (I) Consists of one or more contiguous parcels in this
147 real property in this state by foreign principals, as set forth 176 state, along with the buildings, substations and other
148 in ss. 692.203 and 692.204. 177 infrastructure, fixtures, and personal property located on the
149 Section 26. Paragraph (r) of subsection (5) of section 178 parcels;
150 212.08, Florida Statutes, is amended to read: 179 (II) Is used exclusively to house and operate equipment
151 212.08 Sales, rental, use, consumption, distribution, and 180 that receives, stores, aggregates, manages, processes,
152 storage tax; specified exemptions.—The sale at retail, the 181 transforms, retrieves, researches, or transmits data; or that is
153 rental, the use, the consumption, the distribution, and the 182 necessary for the proper operation of equipment that receives,
154 storage to be used or consumed in this state of the following 183 stores, aggregates, manages, processes, transforms, retrieves,
155 are hereby specifically exempt from the tax imposed by this 184 researches, or transmits data;
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185 (III) Has a critical IT load of 15 megawatts or higher, and 214 and provide information that the requirements of subparagraph 2.
186 a critical IT load of 1 megawatt or higher dedicated to each 215 will be met. Upon a tentative determination by the department
187 individual owner or tenant within the data center; and 216 that the data center will meet the requirements of subparagraph
188 (IV) Is constructed on or after July 1, 2017. 217 2., the department must issue the certificate.
189 d. “Data center property” means property used exclusively 218 b.(I) The certificateholder shall maintain all necessary
190 at a data center to construct, outfit, operate, support, power, 219 books and records to support the exemption provided by this
191 cool, dehumidify, secure, or protect a data center and any 220 paragraph. Upon satisfaction of all requirements of subparagraph
192 contiguous dedicated substations. The term includes, but is not 221 2., the certificateholder must deliver the temporary tax
193 limited to, construction materials, component parts, machinery, 222 certificate to the department together with documentation
194 equipment, computers, servers, installations, redundancies, and 223 sufficient to show the satisfaction of the requirements. Such
195 operating or enabling software, including any replacements, 224 documentation must include written declarations, pursuant to s.
196 updates and new versions, and upgrades to or for such property, 225 92.525, from:
197 regardless of whether the property is a fixture or is otherwise 226 (A) A professional engineer, licensed pursuant to chapter
198 affixed to or incorporated into real property. The term also 227 471, certifying that the critical IT load requirement set forth
199 includes electricity used exclusively at a data center. 228 in subparagraph 2. has been satisfied at the data center; and
200 2. Data center property is exempt from the tax imposed by 229 (B) A Florida certified public accountant, as defined in s.
201 this chapter, except for the tax imposed by s. 212.031. To be 230 473.302, certifying that the cumulative capital investment
202 eligible for the exemption provided by this paragraph, the data 231 requirement set forth in subparagraph 2. has been satisfied for
203 center’s owners and tenants must make a cumulative capital 232 the data center.
204 investment of $150 million or more for the data center and the 233
205 data center must have a critical IT load of 15 megawatts or 234 The professional engineer and the Florida certified public
206 higher and a critical IT load of 1 megawatt or higher dedicated 235 accountant may not be professionally related with the data
207 to each individual owner or tenant within the data center. Each 236 center’s owners, tenants, or contractors, except that they may
208 of these requirements must be satisfied no later than 5 years 237 be retained by a data center owner to certify that the
209 after the commencement of construction of the data center. 238 requirements of subparagraph 2. have been met.
210 3.a. To receive the exemption provided by this paragraph, 239 (II) If the department determines that the subparagraph 2.
211 the person seeking the exemption must apply to the department 240 requirements have been satisfied, the department must issue a
212 for a temporary tax exemption certificate. The application must 241 permanent tax exemption certificate.
213 state that a qualifying data center designation is being sought 242 (III) Notwithstanding s. 212.084(4), the permanent tax
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243 exemption certificate remains valid and effective for as long as 272 years after the date the data center property was purchased.
244 the data center described in the exemption application continues 273 d. Purchasers, lessees, and renters of data center property
245 to operate as a data center as defined in subparagraph 1., with 274 who qualify for the exemption provided by this paragraph shall
246 review by the department every 5 years to ensure compliance. As 275 obtain from the data center a copy of the tax exemption
247 part of the review, the certificateholder shall, within 3 months 276 certificate issued pursuant to sub-subparagraph a. or sub-
248 before the end of any 5-year period, submit a written 277 subparagraph b. Before or at the time of purchase of the item or
249 declaration, pursuant to s. 92.525, certifying that the critical 278 items eligible for exemption, the purchaser, lessee, or renter
250 IT load of 15 megawatts or higher and the critical IT load of 1 279 shall provide to the seller a copy of the tax exemption
251 megawatt or higher dedicated to each individual owner or tenant 280 certificate and a signed certificate of entitlement. Purchasers,
252 within the data center required by subparagraph 2. continues to 281 lessees, and renters with self-accrual authority shall maintain
253 be met. All owners, tenants, contractors, and others purchasing 282 all documentation necessary to prove the exempt status of
254 exempt data center property shall maintain all necessary books 283 purchases.
255 and records to support the exemption as to those purchases. 284 e. For any purchase, lease, or rental of property that is
256 (IV) Notwithstanding s. 213.053, the department may share 285 exempt pursuant to this paragraph, the possession of a copy of a
257 information concerning a temporary or permanent data center 286 tax exemption certificate issued pursuant to sub-subparagraph a.
258 exemption certificate among all owners, tenants, contractors, 287 or sub-subparagraph b. and a signed certificate of entitlement
259 and others purchasing exempt data center property pursuant to 288 relieves the seller of the responsibility of collecting the tax
260 such certificate. 289 on the sale, lease, or rental of such property, and the
261 c. If, in an audit conducted by the department, it is 290 department must look solely to the purchaser, renter, or lessee
262 determined that the certificateholder or any owners, tenants, 291 for recovery of the tax if it determines that the purchase,
263 contractors, or others purchasing, renting, or leasing data 292 rental, or lease was not entitled to the exemption.
264 center property do not meet the criteria of this paragraph, the 293 4. After June 30, 2027, the department may not issue a
265 amount of taxes exempted at the time of purchase, rental, or 294 temporary tax exemption certificate pursuant to this paragraph.
266 lease is immediately due and payable to the department from the 295 Section 27. Paragraph (b) of subsection (1) of section
267 purchaser, renter, or lessee of those particular items, together 296 215.559, Florida Statutes, is amended to read:
268 with the appropriate interest and penalty computed from the date 297 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
269 of purchase in the manner prescribed by this chapter. 298 Mitigation Program is established in the Division of Emergency
270 Notwithstanding s. 95.091(3)(a), any tax due as provided in this 299 Management.
271 sub-subparagraph may be assessed by the department within 6 300 (1) The Legislature shall annually appropriate $10 million
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301 of the moneys authorized for appropriation under s. 330 plan must also include information on the availability of
302 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 331 shelters that accept pets. The Department of Health shall assist
303 division for the purposes set forth in this section. Of the 332 the division in determining the estimated need for special needs
304 amount: 333 shelter space and the adequacy of facilities to meet the needs
305 (b) Three million dollars in funds shall be used to 334 of persons with special needs based on information from the
306 construct or retrofit facilities used as public hurricane 335 registries of persons with special needs and other information.
307 shelters. Each year the division shall prioritize the use of 336 (3) The division shall annually provide to the President of
308 these funds for projects included in the annual report of the 337 the Senate, the Speaker of the House of Representatives, and the
309 Shelter Development Report prepared in accordance with s. 338 Governor a list of facilities recommended to be retrofitted
310 252.385(3). The division must give funding priority to projects 339 using state funds. State funds must should be maximized and
311 in regional planning council regions, as such regions existed on 340 targeted to regional planning council regions, as such regions
312 January 1, 2025, that have shelter deficits and to projects that 341 existed on January 1, 2025, with hurricane evacuation shelter
313 maximize the use of state funds. 342 deficits. The owner or lessee of a public hurricane evacuation
314 Section 28. Paragraph (b) of subsection (2) and subsection 343 shelter that is included on the list of facilities recommended
315 (3) of section 252.385, Florida Statutes, are amended to read: 344 for retrofitting is not required to perform any recommended
316 252.385 Public shelter space; public records exemption.— 345 improvements.
317 (2) 346 Section 29. Paragraph (d) of subsection (21) of section
318 (b) By January 31 of each even-numbered year, the division 347 253.025, Florida Statutes, is amended to read:
319 shall prepare and submit a statewide emergency shelter plan to 348 253.025 Acquisition of state lands.—
320 the Governor and Cabinet for approval, subject to the 349 (21)
321 requirements for approval in s. 1013.37(2). The emergency 350 (d) A conveyance at less than appraised value must state
322 shelter plan must project, for each of the next 5 years, the 351 that the land will revert to the board of trustees if the land
323 hurricane shelter needs of the state, including periods of time 352 is not used for its intended purposes as a military installation
324 during which a concurrent public health emergency may 353 buffer or if the military installation closes. Federal
325 necessitate more space for each individual to accommodate 354 Government agencies, including the Department of Defense and its
326 physical distancing. In addition to information on the general 355 subordinate Departments of the Army, Navy, and Air Force, and
327 shelter needs throughout this state, the plan must identify the 356 the Department of Homeland Security’s United States Coast Guard,
328 general location and square footage of special needs shelters 357 are exempt from this paragraph if the primary purpose of
329 annually through 2030, by regional planning council region. The 358 remaining as a military installation buffer continues, even
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359 though the specific military purpose, mission, and function on 388 community transportation coordinator designated pursuant to
360 the conveyed land is modified or changes from that which was 389 chapter 427, while conducting business related solely to the
361 present or proposed at the time of the conveyance. 390 Commission for the Transportation Disadvantaged, or other local
362 Section 30. Subsection (18) of section 287.012, Florida 391 public agency under the provisions in the state purchasing
363 Statutes, is amended to read: 392 contracts, and purchases, from the corporation operating the
364 287.012 Definitions.—As used in this part, the term: 393 correctional work programs, of products or services that are
365 (18) “Minority business enterprise” has the same meaning as 394 subject to paragraph (1)(f), are exempt from the competitive
366 provided in s. 288.703. 395 solicitation requirements otherwise applying to their purchases.
367 Section 31. Paragraph (a) of subsection (2) and paragraph 396 (3) To establish a system of coordinated, uniform
368 (b) of subsection (3) of section 287.042, Florida Statutes, are 397 procurement policies, procedures, and practices to be used by
369 amended to read: 398 agencies in acquiring commodities and contractual services,
370 287.042 Powers, duties, and functions.—The department shall 399 which shall include, but not be limited to:
371 have the following powers, duties, and functions: 400 (b)1. Development of procedures for advertising
372 (2)(a) To establish purchasing agreements and procure state 401 solicitations. These procedures must provide for electronic
373 term contracts for commodities and contractual services, 402 posting of solicitations for at least 10 days before the date
374 pursuant to s. 287.057, under which state agencies shall, and 403 set for receipt of bids, proposals, or replies, unless the
375 eligible users may, make purchases pursuant to s. 287.056. The 404 department or other agency determines in writing that a shorter
376 department may restrict purchases from some term contracts to 405 period of time is necessary to avoid harming the interests of
377 state agencies only for those term contracts where the inclusion 406 the state. The Office of Supplier Development Diversity may
378 of other governmental entities will have an adverse effect on 407 consult with the department regarding the development of
379 competition or to those federal facilities located in this 408 solicitation distribution procedures to ensure that maximum
380 state. In such planning or purchasing the Office of Supplier 409 distribution is afforded to certified rural or urban minority
381 Development Diversity may monitor to ensure that opportunities 410 business enterprises as defined in s. 288.703.
382 are afforded for contracting with rural or urban minority 411 2. Development of procedures for electronic posting. The
383 business enterprises. The department, for state term contracts, 412 department shall designate a centralized website on the Internet
384 and all agencies, for multiyear contractual services or term 413 for the department and other agencies to electronically post
385 contracts, shall explore reasonable and economical means to 414 solicitations, decisions or intended decisions, and other
386 utilize certified rural or urban minority business enterprises. 415 matters relating to procurement.
387 Purchases by any county, municipality, private nonprofit 416 Section 32. Section 287.09451, Florida Statutes, is amended
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417 to read: 446 have the following powers, duties, and functions:
418 287.09451 Office of Supplier Development Diversity; powers, 447 (a) To adopt rules to determine what constitutes a “good
419 duties, and functions.— 448 faith effort” for purposes of state agency compliance with the
420 (1) The Legislature finds that there is evidence of a 449 rural or urban minority business enterprise procurement goals
421 systematic pattern of past and continuing racial discrimination 450 set forth in s. 287.042. Factors which must shall be considered
422 against rural or urban minority business enterprises and a 451 by the Minority Business Enterprise Assistance Office in
423 disparity in the availability and use of such rural or urban 452 determining good faith effort must shall include, but are not be
424 minority business enterprises in the state procurement system. 453 limited to:
425 It is determined to be a compelling state interest to rectify 454 1. Whether the agency scheduled presolicitation or prebid
426 such discrimination and disparity. Based upon statistical data 455 meetings for the purpose of informing rural or urban minority
427 profiling this discrimination, the Legislature has enacted race- 456 business enterprises of contracting and subcontracting
428 conscious and gender-conscious remedial programs to ensure rural 457 opportunities.
429 or urban minority participation in the economic life of the 458 2. Whether the contractor advertised in general
430 state, in state contracts for the purchase of commodities and 459 circulation, trade association, or rural-focused or urban-
431 services, and in construction contracts. The purpose and intent 460 focused minority-focus media concerning the subcontracting
432 of this section is to increase participation by minority 461 opportunities.
433 business enterprises in rural or urban areas, accomplished by 462 3. Whether the agency effectively used services and
434 encouraging the use of such rural or urban minority business 463 resources of available rural or urban minority community
435 enterprises and the entry of new and diversified rural or urban 464 organizations; minority contractors’ groups located in rural or
436 minority business enterprises into the marketplace. 465 urban areas; local, state, and federal minority business
437 (2) The Office of Supplier Development Diversity is 466 assistance offices urban businesses located in rural or urban
438 established within the Department of Management Services to 467 areas; and other organizations that provide assistance in the
439 assist minority business enterprises located in rural or urban 468 recruitment and placement of rural or urban minority business
440 areas in becoming suppliers of commodities, services, and 469 enterprises or minority persons.
441 construction to state government. 470 4. Whether the agency provided written notice to a
442 (3) The secretary shall appoint an executive director for 471 reasonable number of rural or urban minority business
443 the Office of Supplier Development Diversity, who shall serve at 472 enterprises that their interest in contracting with the agency
444 the pleasure of the secretary. 473 was being solicited in sufficient time to allow the rural or
445 (4) The Office of Supplier Development has Diversity shall 474 urban minority business enterprises to participate effectively.
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475 (b) To adopt rules to determine what constitutes a “good 504 minority business enterprise procurement goals, including, where
476 faith effort” for purposes of contractor compliance with 505 appropriate, breaking down contracts into economically feasible
477 contractual requirements relating to the use of services or 506 units to facilitate rural or urban minority business enterprise
478 commodities of a rural or urban minority business enterprise 507 participation.
479 under s. 287.094(2). Factors which must shall be considered by 508 6. Whether the contractor provided interested rural or
480 the Office of Supplier Development Diversity in determining 509 urban minority business enterprises or minority persons with
481 whether a contractor has made good faith efforts must shall 510 adequate information about the plans, specifications, and
482 include, but are not be limited to: 511 requirements of the contract or the availability of jobs.
483 1. Whether the contractor attended any presolicitation or 512 7. Whether the contractor negotiated in good faith with
484 prebid meetings that were scheduled by the agency to inform 513 interested rural or urban minority business enterprises or
485 rural or urban minority business enterprises of contracting and 514 minority persons, not rejecting rural or urban minority business
486 subcontracting opportunities. 515 enterprises or minority persons as unqualified without sound
487 2. Whether the contractor advertised in general 516 reasons based on a thorough investigation of their capabilities.
488 circulation, trade association, or rural-focused or urban- 517 8. Whether the contractor effectively used the services of
489 focused minority-focus media concerning the subcontracting 518 available rural or urban minority community organizations; rural
490 opportunities. 519 or urban minority contractors’ groups; local, state, and federal
491 3. Whether the contractor provided written notice to a 520 rural or urban minority business assistance offices; and other
492 reasonable number of specific rural or urban minority business 521 organizations that provide assistance in the recruitment and
493 enterprises that their interest in the contract was being 522 placement of rural or urban minority business enterprises or
494 solicited in sufficient time to allow the rural or urban 523 minority persons.
495 minority business enterprises to participate effectively. 524 (c) To adopt rules and do all things necessary or
496 4. Whether the contractor followed up initial solicitations 525 convenient to guide all state agencies toward making
497 of interest by contacting rural or urban minority business 526 expenditures for commodities, contractual services,
498 enterprises or minority persons to determine with certainty 527 construction, and architectural and engineering services with
499 whether the rural or urban minority business enterprises or 528 certified rural or urban minority business enterprises in
500 minority persons were interested. 529 accordance with the rural or urban minority business enterprise
501 5. Whether the contractor selected portions of the work to 530 procurement goals set forth in s. 287.042.
502 be performed by rural or urban minority business enterprises in 531 (d) To monitor the degree to which agencies procure
503 order to increase the likelihood of meeting the rural or urban 532 services, commodities, and construction from rural or urban
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533 minority business enterprises in conjunction with the Department 562 (k) To communicate on a monthly basis with the Small and
534 of Financial Services as specified in s. 17.11. 563 Minority Business Advisory Council to keep the council informed
535 (e) To receive and disseminate information relative to 564 on issues relating to rural or urban minority enterprise
536 procurement opportunities, availability of rural or urban 565 procurement.
537 minority business enterprises, and technical assistance. 566 (l) To serve as an advocate for rural or urban minority
538 (f) To advise agencies on methods and techniques for 567 business enterprises, and coordinate with the small, rural and
539 achieving procurement objectives. 568 minority business ombudsman, as defined in s. 288.703, which
540 (g) To provide a central rural or urban minority business 569 duties shall include:
541 enterprise certification process which includes independent 570 1. Ensuring that agencies supported by state funding
542 verification of status as a rural or urban minority business 571 effectively target the delivery of services and resources, as
543 enterprise. 572 related to rural or urban minority business enterprises.
544 (h) To develop procedures to investigate complaints against 573 2. Establishing standards within each industry with which
545 rural or urban minority business enterprises or contractors 574 the state government contracts on how agencies and contractors
546 alleged to violate any provision related to this section or s. 575 may provide the maximum practicable opportunity for rural or
547 287.0943, that may include visits to worksites or business 576 urban minority business enterprises.
548 premises, and to refer all information on businesses suspected 577 3. Assisting agencies and contractors by providing outreach
549 of misrepresenting its rural or urban minority status to the 578 to rural or urban minority businesses, by specifying and
550 Department of Management Services for investigation. When an 579 monitoring technical and managerial competence for rural or
551 investigation is completed and there is reason to believe that a 580 urban minority business enterprises, and by consulting in
552 violation has occurred, the matter shall be referred to the 581 planning of agency procurement to determine how best to provide
553 office of the Attorney General, Department of Legal Affairs, for 582 opportunities for rural or urban minority business enterprises.
554 prosecution. 583 4. Integrating technical and managerial assistance for
555 (i) To maintain a directory of all rural or urban minority 584 rural or urban minority business enterprises with government
556 business enterprises which have been certified and provide this 585 contracting opportunities.
557 information to any agency or business requesting it. 586 (m) To certify rural or urban minority business
558 (j) To encourage all firms which do more than $1 million in 587 enterprises, as defined in s. 288.703, and as specified in ss.
559 business with the state within a 12-month period to develop, 588 287.0943 and 287.09431, and shall recertify such rural or urban
560 implement, and submit to this office a rural or urban minority 589 minority businesses at least once every 2 years. Rural or urban
561 business development plan. 590 Minority business enterprises must be recertified at least once
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591 every 2 years. Such certifications may include an electronic 620 percent for American women.
592 signature. 621 c. For commodities: 2 percent for black Americans, 4
593 (n)1. To develop procedures to be used by an agency in 622 percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
594 identifying commodities, contractual services, architectural and 623 0.5 percent for Native Americans, and 17 percent for American
595 engineering services, and construction contracts, except those 624 women.
596 architectural, engineering, construction, or other related 625 d. For contractual services: 6 percent for black Americans,
597 services or contracts subject to the provisions of chapter 339, 626 7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
598 that could be provided by rural or urban minority business 627 0.5 percent for Native Americans, and 36 percent for American
599 enterprises. Each agency is encouraged to spend 21 percent of 628 women.
600 the moneys actually expended for construction contracts, 25 629 2. For the purposes of commodities contracts for the
601 percent of the moneys actually expended for architectural and 630 purchase of equipment to be used in the construction and
602 engineering contracts, 24 percent of the moneys actually 631 maintenance of state transportation facilities involving the
603 expended for commodities, and 50.5 percent of the moneys 632 Department of Transportation, the term terms “certified rural or
604 actually expended for contractual services during the previous 633 urban minority business enterprise” has the same meaning as and
605 fiscal year, except for the state university construction 634 “minority person” have the same meanings as provided in s.
606 program which are shall be based upon public education capital 635 288.703. In order to ensure that the goals established under
607 outlay projections for the subsequent fiscal year, and reported 636 this paragraph for contracting with certified rural or urban
608 to the Legislature pursuant to s. 216.023, for the purpose of 637 minority business enterprises are met, the department, with the
609 entering into contracts with certified rural or urban minority 638 assistance of the Office of Supplier Development Diversity,
610 business enterprises as defined in s. 288.703, or approved joint 639 shall make recommendations to the Legislature on revisions to
611 ventures. However, in the event of budget reductions pursuant to 640 the goals, based on an updated statistical analysis, at least
612 s. 216.221, the base amounts may be adjusted to reflect such 641 once every 5 years. Such recommendations must shall be based on
613 reductions. The overall spending goal for each industry category 642 statistical data indicating the availability of and disparity in
614 shall be subdivided as follows: 643 the use of rural or urban minority businesses contracting with
615 a. For construction contracts: 4 percent for black 644 the state.
616 Americans, 6 percent for Hispanic-Americans, and 11 percent for 645 3. In determining the base amounts for assessing compliance
617 American women. 646 with this paragraph, the Office of Supplier Development
618 b. For architectural and engineering contracts: 9 percent 647 Diversity may develop, by rule, guidelines for all agencies to
619 for Hispanic-Americans, 1 percent for Asian-Americans, and 15 648 use in establishing such base amounts. These rules must include,
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649 but are not limited to, guidelines for calculation of base 678 they combine their property, capital, efforts, skills, and
650 amounts, a deadline for the agencies to submit base amounts, a 679 knowledge. The guidelines must shall allow transactions with
651 deadline for approval of the base amounts by the Office of 680 joint ventures to be eligible for credit against the rural or
652 Supplier Development Diversity, and procedures for adjusting the 681 urban minority business enterprise goals of an agency when the
653 base amounts as a result of budget reductions made pursuant to 682 contracting joint venture demonstrates that at least one partner
654 s. 216.221. 683 to the joint venture is a certified rural or urban minority
655 4. To determine guidelines for the use of price 684 business enterprise as defined in s. 288.703, and that such
656 preferences, weighted preference formulas, or other preferences, 685 partner is responsible for a clearly defined portion of the work
657 as appropriate to the particular industry or trade, to increase 686 to be performed, and shares in the ownership, control,
658 the participation of rural or urban minority businesses in state 687 management, responsibilities, risks, and profits of the joint
659 contracting. These guidelines must shall include consideration 688 venture. Such demonstration must shall be by verifiable
660 of: 689 documents and sworn statements and may be reviewed by the Office
661 a. Size and complexity of the project. 690 of Supplier Development Diversity at or before the time a
662 b. The concentration of transactions with rural or urban 691 contract bid, proposal, or reply is submitted. An agency may
663 minority business enterprises for the commodity or contractual 692 count toward its rural or urban minority business enterprise
664 services in question in prior agency contracting. 693 goals a portion of the total dollar amount of a contract equal
665 c. The specificity and definition of work allocated to 694 to the percentage of the ownership and control held by the
666 participating rural or urban minority business enterprises. 695 qualifying certified rural or urban minority business partners
667 d. The capacity of participating rural or urban minority 696 in the contracting joint venture, so long as the joint venture
668 business enterprises to complete the tasks identified in the 697 meets the guidelines adopted by the office.
669 project. 698 (o)1. To establish a system to record and measure the use
670 e. The available pool of rural or urban minority business 699 of certified rural or urban minority business enterprises in
671 enterprises as prime contractors, either alone or as partners in 700 state contracting. This system must shall maintain information
672 an approved joint venture that serves as the prime contractor. 701 and statistics on certified rural or urban minority business
673 5. To determine guidelines for use of joint ventures to 702 enterprise participation, awards, dollar volume of expenditures
674 meet rural or urban minority business enterprises spending 703 and agency goals, and other appropriate types of information to
675 goals. For purposes of this section, the term “joint venture” 704 analyze progress in the access of certified rural or urban
676 means any association of two or more business concerns to carry 705 minority business enterprises to state contracts and to monitor
677 out a single business enterprise for profit, for which purpose 706 agency compliance with this section. Such reporting must
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707 include, but is not limited to, the identification of all 736 enterprises as subcontractors by each state agency.
708 subcontracts in state contracting by dollar amount and by number 737 d. The total dollar amount and percentage of contracts
709 of subcontracts and the identification of the utilization of 738 awarded to certified rural or urban minority business
710 certified rural or urban minority business enterprises as prime 739 enterprises, whether directly or indirectly, as subcontractors.
711 contractors and subcontractors by dollar amounts of contracts 740 e. A statement and assessment of good faith efforts taken
712 and subcontracts, number of contracts and subcontracts, minority 741 by each state agency.
713 status, industry, and any conditions or circumstances that 742 f. A status report of agency compliance with subsection
714 significantly affected the performance of subcontractors. 743 (6), as determined by the Rural or Urban Minority Business
715 Agencies shall report their compliance with the requirements of 744 Enterprise Office.
716 this reporting system at least annually and at the request of 745 (5)(a) Each agency shall, at the time the specifications or
717 the office. All agencies shall cooperate with the office in 746 designs are developed or contract sizing is determined for any
718 establishing this reporting system. Except in construction 747 proposed procurement costing in excess of CATEGORY FOUR, as
719 contracting, all agencies shall review contracts costing in 748 defined in s. 287.017, forward a notice to the Office of
720 excess of CATEGORY FOUR as defined in s. 287.017 to determine 749 Supplier Development Diversity of the proposed procurement and
721 whether if such contracts could be divided into smaller 750 any determination on the designs of specifications of the
722 contracts to be separately solicited and awarded, and shall, 751 proposed procurement that impose requirements on prospective
723 when economical, offer such smaller contracts to encourage rural 752 vendors, no later than 30 days before prior to the issuance of a
724 or urban minority participation. 753 solicitation, except that this provision does shall not apply to
725 2. To report agency compliance with the provisions of 754 emergency acquisitions. The 30-day notice period does shall not
726 subparagraph 1. for the preceding fiscal year to the Governor 755 toll the time for any other procedural requirements.
727 and Cabinet, the President of the Senate, and the Speaker of the 756 (b) If the Office of Supplier Development Diversity
728 House of Representatives on or before February 1 of each year. 757 determines that the proposed procurement will not likely allow
729 The report must contain, at a minimum, the following: 758 opportunities for rural or urban minority business enterprises,
730 a. Total expenditures of each agency by industry. 759 the office may, within 20 days after it receives the information
731 b. The dollar amount and percentage of contracts awarded to 760 specified in paragraph (a), propose the implementation of rural
732 certified rural or urban minority business enterprises by each 761 or urban minority business enterprise utilization provisions or
733 state agency. 762 submit alternative procurement methods that would significantly
734 c. The dollar amount and percentage of contracts awarded 763 increase rural or urban minority business enterprise contracting
735 indirectly to certified rural or urban minority business 764 opportunities.
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765 (c) Whenever the agency and the Office of Supplier 794 1. A high level of advance planning by the agency with
766 Development Diversity disagree, the matter must shall be 795 rural or urban minority business enterprises.
767 submitted for determination to the head of the agency or the 796 2. A high level of accessibility, knowledge, and experience
768 senior-level official designated pursuant to this section as 797 by rural or urban minority business enterprises in the agency’s
769 liaison for rural or urban minority business enterprise issues. 798 contract decisionmaking process.
770 (d) If the proposed procurement proceeds to competitive 799 3. A high quality of agency monitoring and enforcement of
771 solicitation, the office is hereby granted standing to protest, 800 internal implementation of rural or urban minority business
772 pursuant to this section, in a timely manner, any contract award 801 utilization provisions.
773 during competitive solicitation for contractual services and 802 4. A high quality of agency monitoring and enforcement of
774 construction contracts that fail to include rural or urban 803 contractor utilization of rural or urban minority business
775 minority business enterprise participation, if any responsible 804 enterprises, especially tracking subcontractor data, and
776 and responsive vendor has demonstrated the ability to achieve 805 ensuring the integrity of subcontractor reporting.
777 any level of participation, or, any contract award for 806 5. A high quality of agency outreach, agency networking of
778 commodities where, a reasonable and economical opportunity to 807 major vendors with rural or urban minority vendors, and
779 reserve a contract, statewide or district level, for rural or 808 innovation in techniques to improve utilization of rural or
780 urban minority participation was not executed or, an agency 809 urban minority business enterprises.
781 failed to adopt an applicable preference for rural or urban 810 6. Substantial commitment, sensitivity, and proactive
782 minority participation. The bond requirement is shall be waived 811 attitude by the agency head and among the agency rural and urban
783 for the office purposes of this subsection. 812 minority business staff.
784 (e) An agency may presume that a vendor offering no rural 813 (6) Each state agency shall coordinate its rural or urban
785 or urban minority participation has not made a good faith effort 814 minority business enterprise procurement activities with the
786 when other vendors offer rural or urban minority participation 815 Office of Supplier Development Diversity. At a minimum, each
787 of firms listed as relevant to the agency’s purchasing needs in 816 agency shall:
788 the pertinent locality or statewide to complete the project. 817 (a) Adopt a rural or urban minority business enterprise
789 (f) Paragraph (a) will not apply when the Office of 818 utilization plan for review and approval by the Office of
790 Supplier Development Diversity determines that an agency has 819 Supplier Development Diversity which should require meaningful
791 established a work plan to allow advance consultation and 820 and useful methods to attain the legislative intent in assisting
792 planning with rural or urban minority business enterprises and 821 rural or urban minority business enterprises.
793 where such plan clearly demonstrates: 822 (b) Designate a senior-level employee in the agency as a
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823 rural or urban minority enterprise assistance officer, 852 of business opportunities. The council shall initially be
824 responsible for overseeing the agency’s rural or urban minority 853 composed consist of 19 persons, each of whom is or has been
825 business utilization activities, and who is not also charged 854 actively engaged in small, rural, and urban and minority
826 with purchasing responsibility. A senior-level agency employee 855 business development, either in private industry, in
827 and agency purchasing officials is shall be accountable to the 856 governmental service, or as a scholar of recognized achievement
828 agency head for the agency’s rural or urban minority business 857 in the study of such matters. Initially, the council shall be
829 utilization performance. The Office of Supplier Development 858 composed consist of members representing all regions of this the
830 Diversity shall advise each agency on compliance performance. 859 state and shall include at least one member from each group
831 (c) If an agency deviates significantly from its 860 identified within the definition of “minority person” in s.
832 utilization plan in 2 consecutive or 3 out of 5 total fiscal 861 288.703 s. 288.703(4), considering also gender and nationality
833 years, the Office of Supplier Development Diversity may review 862 subgroups, and shall be composed consist of the following:
834 any and all solicitations and contract awards of the agency as 863 (a) Four members consisting of representatives of local and
835 deemed necessary until such time as the agency meets its 864 federal small, rural, and urban and minority business assistance
836 utilization plan. 865 programs or community development programs.
837 Section 33. Section 287.0947, Florida Statutes, is amended 866 (b) Eight members representing composed of representatives
838 to read: 867 of the rural and urban minority private business sectors sector,
839 287.0947 Florida Advisory Council on Small, Rural, and 868 including certified rural or urban minority business enterprises
840 Urban and Minority Business Development; creation; membership; 869 and rural or urban minority supplier development councils, among
841 duties.— 870 whom at least two are shall be women and at least four are shall
842 (1) The Secretary of Management Services may create the 871 be minority persons.
843 Florida Advisory Council on Small, Rural, and Urban and Minority 872 (c) Two representatives of local government, one of whom is
844 Business Development with the purpose of advising and assisting 873 shall be a representative of a large local government, and one
845 the secretary in carrying out the secretary’s duties with 874 of whom is shall be a representative of a small local
846 respect to rural or urban minority businesses and economic and 875 government.
847 business development. It is the intent of the Legislature that 876 (d) Two representatives from the banking and insurance
848 the membership of such council include practitioners, 877 industry.
849 laypersons, financiers, and others with business development 878 (e) Two members from the private business sector,
850 experience who can provide invaluable insight and expertise for 879 representing the construction and commodities industries.
851 this state in the diversification of its markets and networking 880 (f) The Secretary of Commerce or his or her designee.
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881 910 of small, rural, and urban and minority businesses in the
882 A candidate for appointment may be considered if eligible to be 911 state’s economy; reviewing issues and emerging topics relating
883 certified as an owner of a rural or urban minority business 912 to small, rural, and urban and minority business economic
884 enterprise, or if otherwise qualified under the criteria above. 913 development; studying the ability of financial markets and
885 Vacancies may be filled by appointment of the secretary, in the 914 institutions to meet small business credit needs and determining
886 manner of the original appointment. 915 the impact of government demands on credit for small, rural, and
887 (2) Each appointed member shall serve for a term of 2 years 916 urban businesses; assessing the implementation of s.
888 from the date of appointment, except that a vacancy must shall 917 187.201(21), requiring a state economic development
889 be filled by appointment for the remainder of the unexpired 918 comprehensive plan, as it relates to small and certified rural
890 term. The council shall annually elect a chair and a vice chair. 919 or urban business enterprises as defined in s. 288.703 minority
891 The council shall adopt internal procedures or bylaws necessary 920 businesses; assessing the reasonableness and effectiveness of
892 for efficient operations. Members of the council shall serve 921 efforts by any state agency or by all state agencies
893 without compensation or honorarium but shall be entitled to per 922 collectively to assist rural or urban minority business
894 diem and travel expenses pursuant to s. 112.061 for the 923 enterprises; and advising the Governor, the secretary, and the
895 performance of duties for the council. The executive 924 Legislature on matters relating to small, rural, and urban and
896 administrator of the commission may remove a council member for 925 minority business development which are of importance to the
897 cause. 926 international strategic planning and activities of this state.
898 (3) Within 30 days after its initial meeting, the council 927 (6) On or before January 1 of each year, the council shall
899 shall elect from among its members a chair and a vice chair. 928 present an annual report to the secretary that sets forth in
900 (4) The council shall meet at the call of its chair, at the 929 appropriate detail the business transacted by the council during
901 request of a majority of its membership, at the request of the 930 the year and any recommendations to the secretary, including
902 commission or its executive administrator, or at such times as 931 those to improve business opportunities for small, rural, and
903 may be prescribed by rule, but not less than once a year, to 932 urban and minority business enterprises.
904 offer its views on issues related to small, rural, and urban and 933 Section 34. Paragraph (b) of subsection (4) of section
905 minority business development of concern to this state. A 934 288.001, Florida Statutes, is amended, and paragraph (b) of
906 majority of the members of the council shall constitute a 935 subsection (3) is reenacted, to read:
907 quorum. 936 288.001 The Florida Small Business Development Center
908 (5) The powers and duties of the council include, but are 937 Network.—
909 not limited to the following: researching and reviewing the role 938 (3) OPERATION; POLICIES AND PROGRAMS.—
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939 (b) The network’s statewide director shall consult with the 968 8. The President of the Florida Chamber of Commerce, or his
940 Board of Governors, the department, and the network’s statewide 969 or her designee.
941 advisory board to ensure that the network’s policies and 970 9. The Small Business Development Center Project Officer
942 programs align with the statewide goals of the State University 971 from the U.S. Small Business Administration at the South Florida
943 System and the statewide strategic economic development plan as 972 District Office, or his or her designee.
944 provided under s. 20.60. 973 10. The executive director of the National Federation of
945 (4) STATEWIDE ADVISORY BOARD.— 974 Independent Businesses, Florida, or his or her designee.
946 (b) The statewide advisory board shall be composed consist 975 11. The executive director of the Florida United Business
947 of 19 members from across the state. At least 12 members must be 976 Association, or his or her designee.
948 representatives of the private sector who are knowledgeable of 977 Section 35. Subsection (8) of section 288.0065, Florida
949 the needs and challenges of small businesses. The members must 978 Statutes, is amended to read:
950 represent various segments and industries of the economy in this 979 288.0065 Annual incentives report.—By December 30 of each
951 state and must bring knowledge and skills to the statewide 980 year, the department shall provide the Governor, the President
952 advisory board which would enhance the board’s collective 981 of the Senate, and the Speaker of the House of Representatives a
953 knowledge of small business assistance needs and challenges. 982 detailed incentives report quantifying the economic benefits for
954 Minority and gender Representation for this state’s rural or 983 all of the economic development incentive programs administered
955 urban areas must be considered when making appointments to the 984 by the department and its public-private partnerships. The
956 board. The board must include the following members: 985 annual incentives report must include:
957 1. Three members appointed from the private sector by the 986 (8) A description of the trends relating to business
958 President of the Senate. 987 interest in, and usage of, the various incentives, and the
959 2. Three members appointed from the private sector by the 988 number of minority-owned or woman-owned small businesses and
960 Speaker of the House of Representatives. 989 businesses in rural or urban areas receiving incentives.
961 3. Three members appointed from the private sector by the 990 Section 36. Section 288.1167, Florida Statutes, is amended
962 Governor. 991 to read:
963 4. Three members appointed from the private sector by the 992 288.1167 Sports franchise contract provisions for food and
964 network’s statewide director. 993 beverage concession and contract awards to minority business
965 5. One member appointed by the host institution. 994 enterprises in rural or urban areas.—Any applicant who receives
966 6. The Secretary of Commerce, or his or her designee. 995 funding pursuant to the provisions of s. 212.20 must demonstrate
967 7. The Chief Financial Officer, or his or her designee. 996 that:
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997 (1) Funds and facilities with respect to food and beverage 1026 professional sports, or organized amateur athletics. Members
998 and related concessions shall be awarded to certified rural or 1027 must be residents of the state and highly knowledgeable about or
999 urban small minority business enterprises as defined in s. 1028 active in professional or organized amateur sports.
1000 288.703 on the same terms and conditions as the general food and 1029 1. The board must contain representatives of all
1001 beverage concessionaire and in accordance with the rural or 1030 geographical regions of the state and must represent ethnic and
1002 urban minority business enterprise procurement goals set forth 1031 gender diversity.
1003 in s. 287.09451; 1032 2. The terms of office of the members shall be 4 years. No
1004 (2) At least 15 percent of a company contracted to manage a 1033 member may serve more than two consecutive terms. The Governor
1005 professional sports franchise facility or a spring training 1034 may remove any member for cause and shall fill all vacancies
1006 franchise facility is owned by certified rural or urban minority 1035 that occur.
1007 business enterprises or by a minority person as that term is 1036 Section 38. Subsection (2) of section 288.7015, Florida
1008 those terms are defined in s. 288.703; or 1037 Statutes, is amended to read:
1009 (3) At least 15 percent of all operational service 1038 288.7015 Appointment of rules ombudsman; duties.—The
1010 contracts with a professional sports franchise facility or a 1039 Governor shall appoint a rules ombudsman, as defined in s.
1011 spring training franchise facility are awarded to certified 1040 288.703, in the Executive Office of the Governor, for
1012 rural or urban minority business enterprises as that term is 1041 considering the impact of agency rules on the state’s citizens
1013 defined in s. 288.703 or to a minority person located in a rural 1042 and businesses. The duties of the rules ombudsman are to:
1014 or urban area as those terms are defined in s. 288.703. 1043 (2) Review state agency rules that adversely or
1015 Section 37. Paragraph (b) of subsection (2) of section 1044 disproportionately impact businesses, particularly those
1016 288.1229, Florida Statutes, is amended to read: 1045 relating to small and certified rural or urban business
1017 288.1229 Promotion and development of sports-related 1046 enterprise as that term is defined in s. 288.703 minority
1018 industries and amateur athletics; direct-support organization 1047 businesses.
1019 established; powers and duties.— 1048 Section 39. Section 288.702, Florida Statutes, is amended
1020 (2) The Florida Sports Foundation must: 1049 to read:
1021 (b) Be governed by a board of directors, which must be 1050 288.702 Short title.—This section and ss. 288.703-288.705
1022 composed consist of up to 15 members appointed by the Governor. 1051 ss. 288.703-288.706 may be cited as the “Florida Small and
1023 In making appointments, the Governor shall must consider a 1052 Minority Business Assistance Act.”
1024 potential member’s background in community service and sports 1053 Section 40. Section 288.703, Florida Statutes, is amended
1025 activism in, and financial support of, the sports industry, 1054 to read:
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Bill No. SB 1264 Bill No. SB 1264
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1055 288.703 Definitions.—As used in ss. 288.702-288.705 ss. 1084 primarily involve the practice of a profession. Ownership by a
1056 288.702-288.706, the term: 1085 minority person does not include ownership which is the result
1057 (1) “Certified rural or urban business enterprise” means a 1086 of a transfer from a nonminority person to a minority person
1058 business located in a defined geographic area within this state 1087 within a related immediate family group if the combined total
1059 where one of the following conditions has been documented in the 1088 net asset value of all members of such family group exceeds $1
1060 most recent census conducted by the Bureau of the Census of the 1089 million. For purposes of this subsection, the term “related
1061 United States Department of Commerce: 1090 immediate family group” means one or more children under 16
1062 a. Per capita income in the area is less than 80 percent of 1091 years of age and a parent of such children or the spouse of such
1063 this state’s per capita income. 1092 parent residing in the same house or living unit.
1064 b. The unemployment rate in the area has been greater than 1093 (3)(4) “Minority person” means a lawful, permanent resident
1065 the unemployment rate for this state by more than 1 percent over 1094 of Florida who is:
1066 the previous 24 months from the time the comparison is made. 1095 (a) An African American, a person having origins in any of
1067 “Certified minority business enterprise” means a business 1096 the black racial groups of the African Diaspora, regardless of
1068 which has been certified by the certifying organization or 1097 cultural origin.
1069 jurisdiction in accordance with s. 287.0943(1) and (2). 1098 (b) A Hispanic American, a person of Spanish or Portuguese
1070 (2) “Financial institution” means any bank, trust company, 1099 culture with origins in Spain, Portugal, Mexico, South America,
1071 insurance company, savings and loan association, credit union, 1100 Central America, or the Caribbean, regardless of race.
1072 federal lending agency, or foundation. 1101 (c) An Asian American, a person having origins in any of
1073 (3) “Minority business enterprise” means any small business 1102 the original peoples of the Far East, Southeast Asia, the Indian
1074 concern as defined in subsection (6) which is organized to 1103 Subcontinent, or the Pacific Islands, including the Hawaiian
1075 engage in commercial transactions, which is domiciled in 1104 Islands before 1778.
1076 Florida, and which is at least 51-percent-owned by minority 1105 (d) A Native American, a person who has origins in any of
1077 persons who are members of an insular group that is of a 1106 the Indian Tribes of North America before 1835, upon
1078 particular racial, ethnic, or gender makeup or national origin, 1107 presentation of proper documentation thereof as established by
1079 which has been subjected historically to disparate treatment due 1108 rule of the Department of Management Services.
1080 to identification in and with that group resulting in an 1109 (e) An American woman.
1081 underrepresentation of commercial enterprises under the group’s 1110 (4)(5) “Ombudsman” means an office or individual whose
1082 control, and whose management and daily operations are 1111 responsibilities include coordinating with the Office of
1083 controlled by such persons. A minority business enterprise may 1112 Supplier Development Diversity for the interests of and
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Bill No. SB 1264 Bill No. SB 1264
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1113 providing assistance to rural or urban small and minority 1142 (2) The number of solicitations received from each state
1114 business enterprises in dealing with governmental agencies and 1143 agency during the calendar year.
1115 in developing proposals for changes in state agency rules. 1144 (3) The method of distributing solicitation information to
1116 (5)(6) “Small business” means an independently owned and 1145 businesses requesting such service.
1117 operated business concern that employs 200 or fewer permanent 1146 (4) The total number of businesses using the service.
1118 full-time employees and that, together with its affiliates, has 1147 (5) The percentage of businesses using the service which
1119 a net worth of not more than $5 million or any firm based in 1148 are owned and controlled by minorities.
1120 this state which has a Small Business Administration 8(a) 1149 (5)(6) The percentage of service-disabled veteran business
1121 certification. As applicable to sole proprietorships, the $5 1150 enterprises using the service.
1122 million net worth requirement includes shall include both 1151 Section 42. Subsection (1) of section 288.776, Florida
1123 personal and business investments. 1152 Statutes, is amended to read:
1124 Section 41. Section 288.705, Florida Statutes, is amended 1153 288.776 Board of directors; powers and duties.—
1125 to read: 1154 (1)(a) The corporation shall have a board of directors
1126 288.705 Statewide contracts register.—All state agencies 1155 consisting of 15 members representing all geographic areas of
1127 shall in a timely manner provide the Florida Small Business 1156 the state. Minority and gender representation must be considered
1128 Development Center Procurement System with all formal 1157 when making appointments to the board. The board membership must
1129 solicitations for contractual services, supplies, and 1158 include:
1130 commodities. The Small Business Development Center shall 1159 1. A representative of the following businesses, all of
1131 coordinate with Minority Business Development Centers to compile 1160 which must be registered to do business in this state: a foreign
1132 and distribute this information to small and rural or urban 1161 bank, a state bank, a federal bank, an insurance company
1133 minority businesses requesting such service for the period of 1162 involved in covering trade financing risks, and a small or
1134 time necessary to familiarize the business with the market 1163 medium-sized exporter.
1135 represented by state agencies. On or before February 1 of each 1164 2. The following persons or their designee: the Secretary
1136 year, the Small Business Development Center shall report to the 1165 of Commerce, the Chief Financial Officer, the Secretary of
1137 department on the use of the statewide contracts register. The 1166 State, and a senior official of the United States Department of
1138 report must shall include, but not be limited to, information 1167 Commerce.
1139 relating to: 1168 (b) Appointees who are not state or Federal Government
1140 (1) The total number of solicitations received from state 1169 officials shall serve for a term of 3 years and shall be
1141 agencies during the calendar year. 1170 eligible for reappointment. Nonstate and nonfederal official
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Bill No. SB 1264 Bill No. SB 1264
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1171 vacancies on the board shall be filled by the board within 30 1200 reporting adviser, or an investment adviser who submits or
1172 days after the effective date of the vacancy. 1201 updates an application on behalf of a qualifying private fund.
1173 Section 43. Section 288.9628, Florida Statutes, is created 1202 (e) “Associated person” has the same meaning as in s.
1174 to read: 1203 517.021.
1175 288.9628 Research, Innovation, Science, and Engineering 1204 (f) “Company” means any business in this state, or a
1176 (RISE) Investment Tax Credit Program.— 1205 business with more than 50 percent of its workforce in this
1177 (1) LEGISLATIVE FINDINGS.—The Legislature finds that 1206 state, with 500 or fewer employees, and which is engaged in a
1178 strengthening the state’s early-stage business ecosystem and 1207 project.
1179 supporting cutting-edge innovation are essential for fostering 1208 (g) “Department” means the Department of Commerce.
1180 innovation and economic growth. The early-stage business 1209 (h) “Exempt reporting adviser” has the same meaning as in
1181 ecosystem, fueled by the state’s colleges, universities, and 1210 s. 517.12(22).
1182 private industry growth, represents significant opportunity for 1211 (i) “Investment adviser” has the same meaning as in s.
1183 the state to retain entrepreneurial talent and provides an 1212 517.021.
1184 overall benefit for jobseekers, job creators, families, 1213 (j) “Investor” means any person or entity that has made a
1185 communities, and the state’s economy. 1214 capital contribution to a qualifying private fund.
1186 (2) RISE PROGRAM CREATED.—There is established within the 1215 (k) “Private fund adviser” has the same meaning as in s.
1187 department the Research, Innovation, Science, and Engineering 1216 517.12(22).
1188 (RISE) Investment Tax Credit Program. The purpose of the program 1217 (l) “Project” means research and development that leads to
1189 is to increase venture capital investment in this state. The 1218 or is anticipated to lead to the creation of new or useful
1190 department shall coordinate with the Florida Opportunity Fund 1219 improvement of technologies, agricultural technologies, devices,
1191 and the State Board of Administration in reviewing and approving 1220 processes, machines, manufacturing, or composition of matter. A
1192 applications for tax credits under this section. 1221 project may result from the innovative activities of a company
1193 (3) DEFINITIONS.—As used in this section, the term: 1222 or research at a university or college in this state.
1194 (a) “Accredited investor” has the same meaning as in s. 1223 (m) “Qualifying investment” has the same meaning as in 17
1195 517.021. 1224 C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section,
1196 (b) “Advisory affiliate” has the same meaning as in s. 1225 includes investment in one or more companies or projects.
1197 517.12(22). 1226 (n) “Qualifying portfolio company” has the same meaning as
1198 (c) “Affiliate” has the same meaning as in s. 517.021. 1227 in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this
1199 (d) “Applicant” means an advisory affiliate, an exempt 1228 section, includes a company as defined in this subsection.
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Bill No. SB 1264 Bill No. SB 1264
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1229 (o) “Qualifying private fund” has the same meaning as in s. 1258 (d) If, at any time after an applicant has submitted a
1230 517.12(22) and includes an angel investor group as defined in s. 1259 complete application, there has been a material change that
1231 517.021. 1260 affects the accuracy or completeness of the information
1232 (p) “Total capital commitment” means the total amount of 1261 contained in the application, the applicant must update its
1233 cash funding the qualifying private fund intends to raise to 1262 application.
1234 make one or more qualifying investments in one or more 1263 (5) TAX CREDITS; GENERALLY.—
1235 qualifying portfolio companies. 1264 (a) The amount of tax credits available pursuant to this
1236 (4) APPLICATION.— 1265 section in a fiscal year may not exceed $100 million.
1237 (a) An applicant must apply to the department for 1266 (b) The department may not issue a tax credit to a
1238 authorization to claim RISE tax credits under this section. The 1267 qualifying private fund until the qualifying private fund
1239 department must review and approve or deny a complete 1268 demonstrates that it has received its total capital commitment.
1240 application within 60 calendar days after the complete 1269 (c) The department may not authorize more than $10 million
1241 application has been submitted. 1270 in tax credits to a qualifying private fund in a fiscal year.
1242 (b) An applicant must demonstrate to the department’s 1271 (6) TAX CREDITS; SUBMISSION AND AUTHORIZATION.—
1243 satisfaction within 12 months after the complete application has 1272 (a) To receive tax credits, a qualifying private fund must
1244 been submitted that the qualifying private fund has received at 1273 provide documentation that demonstrates to the department’s
1245 least the total capital commitment contained in its application. 1274 reasonable satisfaction that the qualifying investment meets the
1246 (c) The application must include, at a minimum: 1275 requirements of this section. For purposes of this section,
1247 1. The names of any accredited investors, advisory 1276 follow-on or add-on commitments may only be considered by the
1248 affiliates, affiliates, associated persons, exempt reporting 1277 department after the follow-on or add-on investment has been
1249 advisers, investment advisers, or private fund advisers 1278 deployed.
1250 associated with the qualifying private fund, if there are any at 1279 (b) A qualifying private fund must make at least one
1251 the time of application. 1280 qualified investment in at least one qualifying portfolio
1252 2. The names of any investors in the qualifying private 1281 project to be eligible to receive tax credits under this
1253 fund, if there are any at the time of application. 1282 section.
1254 3. The estimated total number of qualifying investments in 1283 (c) Each submission by a qualifying private fund to receive
1255 qualifying portfolio companies. 1284 tax credits for a qualifying investment in a qualifying
1256 4. The total capital commitment of the qualifying private 1285 portfolio company must include, at a minimum, all of the
1257 fund. 1286 following::
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Bill No. SB 1264 Bill No. SB 1264
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1287 1. The amount of cash deployed by the qualifying private 1316 (e) The department may revoke or modify any written
1288 fund to a qualifying investment in a qualifying portfolio 1317 decision qualifying, certifying, or otherwise granting
1289 company. 1318 eligibility for tax credits under this section if it is
1290 2. The total number of employees employed by the qualifying 1319 discovered that the qualifying private fund submitted any false
1291 portfolio company. 1320 statement, representation, or certification in any application
1292 3. The total number of Florida-based, full-time equivalent 1321 filed in an attempt to receive tax credits under this section,
1293 employees employed by the qualifying portfolio company. 1322 or if the information in a previously completed application
1294 (7) TAX CREDITS; RECEIPT; REVOCATION.— 1323 materially changes. The department must immediately notify the
1295 (a) A qualifying private fund may receive tax credits 1324 Department of Revenue of any revoked or modified orders
1296 equivalent to 25 percent of a qualifying investment in a 1325 affecting previously granted tax credits. Additionally, the
1297 qualifying portfolio company. 1326 qualifying private fund must notify the Department of Revenue of
1298 (b) Upon a determination by the department that the 1327 any change in its tax credit claimed.
1299 qualifying investment meets the requirements of this section, 1328 (8) COMPLIANCE.—
1300 the department shall authorize the Department of Revenue to 1329 (a) A qualifying private fund must annually report to the
1301 issue tax credits to the qualifying private fund. 1330 department for each qualifying investment for 5 years after
1302 (c) The Department of Revenue may not issue more than one- 1331 authorization to receive credits. Failure to do so will result
1303 fifth of the tax credits authorized for a qualifying investment 1332 in the qualifying private fund’s tax credit being revoked.
1304 in a qualifying portfolio company in a fiscal year. 1333 (b) In order to receive a tax credit, a qualifying fund
1305 (d) Credits received pursuant to this section may be 1334 must submit to the department all of the following:
1306 applied against the qualifying private fund’s corporate income 1335 1. A certification that there have been no material changes
1307 tax liability. A qualifying private fund may elect to sell or 1336 to the information contained in the application or, if material
1308 transfer, in whole or in part, any tax credit issued under this 1337 changes have occurred since the submission of the application, a
1309 section. An election to sell or transfer any tax credit received 1338 disclosure containing all material changes.
1310 pursuant to this section must be made no later than 5 years 1339 2. Documentation supporting the total number of full-time
1311 after the date the credit is received by the qualifying private 1340 equivalent employees employed by the qualifying portfolio
1312 fund, after which the credit expires and may not be used. A 1341 company.
1313 qualifying private fund may not sell or transfer credits that 1342 3. Documentation supporting the total number of full-time
1314 have been authorized by the department but not yet issued by the 1343 equivalent employees employed in this state by the qualifying
1315 Department of Revenue. 1344 portfolio company.
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Bill No. SB 1264 Bill No. SB 1264
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1345 4. Documentation supporting that the qualifying private 1374 portfolio company by a venture capital fund may not be construed
1346 fund has not exited its position from the qualifying portfolio 1375 as having ownership of the qualifying portfolio company.
1347 company through acquisition by a company not based in this 1376 (11) REPORTING.—Beginning December 30, 2026, the department
1348 state. 1377 shall include the amounts of tax credits authorized and
1349 (9) SANCTIONS.— 1378 received, the total number of jobs created, and the total number
1350 (a) If a qualifying investment fails to meet the 1379 of jobs created in this state in its annual incentives report
1351 requirements of paragraph (8)(a) or paragraph (8)(b), the 1380 required under s. 288.0065.
1352 department must revoke its approval of tax credits for the 1381 (12) PRIORITY OF TAX CREDITS.—Fifty percent of the tax
1353 qualifying investment. The department shall issue a notice of 1382 credits provided in this section must be made available from
1354 revocation and recapture to the qualifying private fund and the 1383 July 1 to December 31 of each year to provide tax credits for
1355 Department of Revenue. The qualifying private fund must repay to 1384 qualifying investments in qualifying portfolio companies located
1356 the department an amount equal to 50 percent of the tax credits 1385 in a rural community as defined in s. 288.0656. All remaining
1357 authorized by the department and claimed by a qualifying 1386 tax credits must be made available from January 1 to June 30 of
1358 portfolio company for the qualifying investment. Recaptured 1387 each year on a first-come, first-served basis, subject to the
1359 funds must be deposited into the General Revenue Fund. 1388 eligibility of the qualifying investment.
1360 (b) If the department determines that the qualifying 1389 (13) RULEMAKING.—The department is authorized to adopt
1361 private fund submitted any false statement, representation, or 1390 rules to implement this section.
1362 certification in any application as provided in paragraph 1391 Section 44. Subsection (10) of section 290.0056, Florida
1363 (7)(e), the department must revoke its approval of tax credits 1392 Statutes, is amended to read:
1364 for the qualifying investment. The department shall issue a 1393 290.0056 Enterprise zone development agency.—
1365 notice of revocation and recapture to the qualifying private 1394 (10) Contingent upon approval by the governing body, the
1366 fund and the Department of Revenue. The qualifying private fund 1395 agency may invest in community investment corporations which
1367 must repay to the department an amount equal to 100 percent of 1396 conduct, or agree to conduct, loan guarantee programs assisting
1368 the tax credits authorized by the department and claimed by a 1397 rural or urban minority business enterprises located in the
1369 qualifying portfolio company for the qualifying investment. 1398 enterprise zone. In making such investments, the agency shall
1370 Recaptured funds must be deposited into the General Revenue 1399 first attempt to invest in existing community investment
1371 Fund. 1400 corporations providing services in the enterprise zone. Such
1372 (10) CONSTRUCTION.—For purposes of this section and part 1401 investments shall be made under conditions required by law and
1373 III of chapter 692, committed capital invested in a qualifying 1402 as the agency may require, including, but not limited to:
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Bill No. SB 1264 Bill No. SB 1264
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1403 (a) The funds invested by the agency shall be used to 1432 216.011, and 287.012, and 287.055. Space Florida is exempt from
1404 provide loan guarantees to individuals for rural or urban 1433 the bidding requirements in s. 255.20 when Space Florida engages
1405 minority business enterprises located in the enterprise zone. 1434 in professional or construction services, or both, under an
1406 (b) The community investment corporation may not approve 1435 arrangement with a person in which:
1407 any application for a loan guarantee unless the person applying 1436 (a) The person offering personal or construction goods or
1408 for the loan guarantee shows that he or she has applied for the 1437 services is not subject to the requirements of s. 287.055;
1409 loan or loan guarantee through normal banking channels and that 1438 (b) Space Florida and the person execute a contract with
1410 the loan or loan guarantee has been refused by at least one bank 1439 terms acceptable to Space Florida; and
1411 or other financial institution. 1440 (c) The person provides to Space Florida by contract an
1412 Section 45. Paragraph (f) of subsection (1) of section 1441 unqualified representation and warranty that the payments by the
1413 290.0057, Florida Statutes, is amended to read: 1442 person to Space Florida in return for the possession and use of
1414 290.0057 Enterprise zone development plan.— 1443 the project by the person will not be derived, directly or
1415 (1) Any application for designation as a new enterprise 1444 indirectly, from state or local government funds.
1416 zone must be accompanied by a strategic plan adopted by the 1445
1417 governing body of the municipality or county, or the governing 1446 For purposes of this subsection, monies received by the person
1418 bodies of the county and one or more municipalities together. At 1447 contracted to provide goods produced and services provided from
1419 a minimum, the plan must: 1448 government entities in the ordinary course of its operation of
1420 (f) Identify the amount of local and private resources that 1449 the project are not state or local government funds.
1421 will be available in the nominated area and the private/public 1450 Section 47. Section 331.351, Florida Statutes, is amended
1422 partnerships to be used, which may include participation by, and 1451 to read:
1423 cooperation with, universities, community colleges, small 1452 331.351 Participation by rural or urban women, minorities,
1424 business development centers, black business investment 1453 and socially and economically disadvantaged business enterprises
1425 corporations in rural or urban areas as defined in s. 288.703, 1454 encouraged.—It is the intent of the Legislature and the public
1426 certified development corporations, and other private and public 1455 policy of this state that rural or urban women, minorities, and
1427 entities. 1456 socially and economically disadvantaged business enterprises be
1428 Section 46. Subsection (4) of section 331.302, Florida 1457 encouraged to participate fully in all phases of economic and
1429 Statutes, is amended to read: 1458 community development. Accordingly, to achieve such purpose,
1430 331.302 Space Florida; creation; purpose.— 1459 Space Florida shall, in accordance with applicable state and
1431 (4) Space Florida is not an agency as defined in ss. 1460 federal law, involve and utilize rural or urban women,
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Bill No. SB 1264 Bill No. SB 1264
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1461 minorities, and socially and economically disadvantaged business 1490 calendar days. A law enforcement officer must provide
1462 enterprises in all phases of the design, development, 1491 documentation to the department justifying the break in service.
1463 construction, maintenance, and operation of spaceports developed 1492 The department shall establish the acceptable circumstances for
1464 under this act. 1493 any such break in service. Any break in service will not count
1465 Section 48. Paragraph (b) of subsection (4) and subsection 1494 toward satisfying the 2-year full-time employment requirement of
1466 (9) of section 445.08, Florida Statutes, are amended to read: 1495 this section.
1467 445.08 Florida Law Enforcement Recruitment Bonus Payment 1496
1468 Program.— 1497 The department may establish other criteria deemed necessary to
1469 (4) The department shall develop an annual plan for the 1498 determine bonus payment eligibility and distribution.
1470 administration of the program and distribution of bonus 1499 (9) This section expires July 1, 2025.
1471 payments. Applicable employing agencies shall assist the 1500 Section 49. Paragraph (a) of subsection (4) of section
1472 department with the collection of any data necessary to 1501 447.203, Florida Statutes, is amended to read:
1473 determine bonus payment amounts and to distribute the bonus 1502 447.203 Definitions.—As used in this part:
1474 payments, and shall otherwise provide the department with any 1503 (4) “Managerial employees” are those employees who:
1475 information or assistance needed to fulfill the requirements of 1504 (a) Perform jobs that are not of a routine, clerical, or
1476 this section. At a minimum, the plan must include: 1505 ministerial nature and require the exercise of independent
1477 (b) The minimum eligibility requirements a newly employed 1506 judgment in the performance of such jobs and to whom one or more
1478 officer must meet to receive and retain a bonus payment, which 1507 of the following applies:
1479 must include: 1508 1. They formulate or assist in formulating policies which
1480 1. Obtaining certification for employment or appointment as 1509 are applicable to bargaining unit employees.
1481 a law enforcement officer pursuant to s. 943.1395. 1510 2. They may reasonably be required on behalf of the
1482 2. Gaining full-time employment with a Florida criminal 1511 employer to assist in the preparation for the conduct of
1483 justice agency. 1512 collective bargaining negotiations.
1484 3. Maintaining continuous full-time employment with a 1513 3. They have a role in the administration of agreements
1485 Florida criminal justice agency for at least 2 years from the 1514 resulting from collective bargaining negotiations.
1486 date on which the officer obtained certification. The required 1515 4. They have a significant role in personnel
1487 2-year employment period may be satisfied by maintaining 1516 administration.
1488 employment at one or more employing agencies, but such period 1517 5. They have a significant role in employee relations.
1489 must not contain any break in service longer than 180 15 1518 6. They are included in the definition of administrative
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Bill No. SB 1264 Bill No. SB 1264
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1519 personnel contained in s. 1012.01(3). 1548 Speaker of the House of Representatives. Each agency shall be
1520 7. They have a significant role in the preparation or 1549 responsible for the accuracy of information entered into the
1521 administration of budgets for any public agency or institution 1550 Florida Accounting Information Resource Subsystem for use in
1522 or subdivision thereof. 1551 this reporting.
1523 8. They have a significant and specific role executing 1552 Section 52. Paragraph (f) of subsection (1) of section
1524 statewide business and economic development projects in support 1553 68.082, Florida Statutes, is amended to read:
1525 of business recruitment, retention, and expansion. 1554 68.082 False claims against the state; definitions;
1526 1555 liability.—
1527 However, in determining whether an individual is a managerial 1556 (1) As used in this section, the term:
1528 employee pursuant to paragraph (a) or paragraph (b), above, the 1557 (f) “State” means the government of the state or any
1529 commission may consider historic relationships of the employee 1558 department, division, bureau, commission, regional planning
1530 to the public employer and to co-employees coemployees. 1559 agency, board, district, authority, agency, or other
1531 Section 50. Local governments may enter into agreements to 1560 instrumentality of the state.
1532 create regional planning entities pursuant to chapter 163, 1561 Section 53. Paragraph (a) of subsection (1) of section
1533 Florida Statutes. 1562 120.52, Florida Statutes, is amended to read:
1534 Section 51. Subsection (2) of section 17.11, Florida 1563 120.52 Definitions.—As used in this act:
1535 Statutes, is amended to read: 1564 (1) “Agency” means the following officers or governmental
1536 17.11 To report disbursements made.— 1565 entities if acting pursuant to powers other than those derived
1537 (2) The Chief Financial Officer shall also cause to have 1566 from the constitution:
1538 reported from the Florida Accounting Information Resource 1567 (a) The Governor; each state officer and state department,
1539 Subsystem no less than quarterly the disbursements which 1568 and each departmental unit described in s. 20.04; the Board of
1540 agencies made to small businesses, as defined in the Florida 1569 Governors of the State University System; the Commission on
1541 Small and Minority Business Assistance Act,; and to certified 1570 Ethics; the Fish and Wildlife Conservation Commission; a
1542 rural or urban minority business enterprises in the aggregate; 1571 regional water supply authority; a regional planning agency; a
1543 and to certified minority business enterprises broken down into 1572 multicounty special district, but only if a majority of its
1544 categories of minority persons, as well as gender and 1573 governing board is comprised of nonelected persons; educational
1545 nationality subgroups. This information must shall be made 1574 units; and each entity described in chapters 163, 373, 380, and
1546 available to the agencies, the Office of Supplier Development 1575 582 and s. 186.504.
1547 Diversity, the Governor, the President of the Senate, and the 1576
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1577 This definition does not include a municipality or legal entity 1606 120.65 Administrative law judges.—
1578 created solely by a municipality; a legal entity or agency 1607 (9) The division shall be reimbursed for administrative law
1579 created in whole or in part pursuant to part II of chapter 361; 1608 judge services and travel expenses by the following entities:
1580 a metropolitan planning organization created pursuant to s. 1609 water management districts, regional planning councils, school
1581 339.175; a separate legal or administrative entity created 1610 districts, community colleges, the Division of Florida Colleges,
1582 pursuant to s. 339.175 of which a metropolitan planning 1611 state universities, the Board of Governors of the State
1583 organization is a member; an expressway authority pursuant to 1612 University System, the State Board of Education, the Florida
1584 chapter 348 or any transportation authority or commission under 1613 School for the Deaf and the Blind, and the Commission for
1585 chapter 343 or chapter 349; or a legal or administrative entity 1614 Independent Education. These entities shall contract with the
1586 created by an interlocal agreement pursuant to s. 163.01(7), 1615 division to establish a contract rate for services and
1587 unless any party to such agreement is otherwise an agency as 1616 provisions for reimbursement of administrative law judge travel
1588 defined in this subsection. 1617 expenses and video teleconferencing expenses attributable to
1589 Section 54. Subsection (4) of section 120.525, Florida 1618 hearings conducted on behalf of these entities. The contract
1590 Statutes, is amended to read: 1619 rate must be based on a total-cost-recovery methodology.
1591 120.525 Meetings, hearings, and workshops.— 1620 Section 56. Subsections (43) and (47) of section 163.3164,
1592 (4) For purposes of establishing a quorum at meetings of 1621 Florida Statutes, are amended to read:
1593 regional planning councils that cover three or more counties, a 1622 163.3164 Community Planning Act; definitions.—As used in
1594 voting member who appears via telephone, real-time 1623 this act:
1595 videoconferencing, or similar real-time electronic or video 1624 (43) “Regional planning agency” means the council created
1596 communication that is broadcast publicly at the meeting location 1625 pursuant to chapter 186.
1597 may be counted toward the quorum requirement if at least one- 1626 (46)(47) “Structure” has the same meaning as in s. 380.031
1598 third of the voting members of the regional planning council are 1627 s. 380.031(19).
1599 physically present at the meeting location. A member must 1628 Section 57. Paragraph (h) of subsection (6) of section
1600 provide oral, written, or electronic notice of his or her intent 1629 163.3177, Florida Statutes, is amended to read:
1601 to appear via telephone, real-time videoconferencing, or similar 1630 163.3177 Required and optional elements of comprehensive
1602 real-time electronic or video communication to the regional 1631 plan; studies and surveys.—
1603 planning council at least 24 hours before the scheduled meeting. 1632 (6) In addition to the requirements of subsections (1)-(5),
1604 Section 55. Subsection (9) of section 120.65, Florida 1633 the comprehensive plan must shall include the following
1605 Statutes, is amended to read: 1634 elements:
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1635 (h)1. An intergovernmental coordination element showing 1664 the adopted comprehensive plan with the plans of school boards
1636 relationships and stating principles and guidelines to be used 1665 and other units of local government providing facilities and
1637 in coordinating the adopted comprehensive plan with the plans of 1666 services but not having regulatory authority over the use of
1638 school boards, regional water supply authorities, and other 1667 land. In addition, the intergovernmental coordination element
1639 units of local government providing services but not having 1668 must describe joint processes for collaborative planning and
1640 regulatory authority over the use of land, with the 1669 decisionmaking on population projections and public school
1641 comprehensive plans of adjacent municipalities, the county, 1670 siting, the location and extension of public facilities subject
1642 adjacent counties, or the region, with the state comprehensive 1671 to concurrency, and siting facilities with countywide
1643 plan and with the applicable regional water supply plan approved 1672 significance, including locally unwanted land uses whose nature
1644 pursuant to s. 373.709, as the case may require and as such 1673 and identity are established in an agreement.
1645 adopted plans or plans in preparation may exist. This element of 1674 3. Within 1 year after adopting their intergovernmental
1646 the local comprehensive plan must demonstrate consideration of 1675 coordination elements, each county, all the municipalities
1647 the particular effects of the local plan, when adopted, upon the 1676 within that county, the district school board, and any unit of
1648 development of adjacent municipalities, the county, adjacent 1677 local government service providers in that county shall
1649 counties, or the region, or upon the state comprehensive plan, 1678 establish by interlocal or other formal agreement executed by
1650 as the case may require. 1679 all affected entities, the joint processes described in this
1651 a. The intergovernmental coordination element must provide 1680 subparagraph consistent with their adopted intergovernmental
1652 procedures for identifying and implementing joint planning 1681 coordination elements. The agreement must:
1653 areas, especially for the purpose of annexation, municipal 1682 a. Ensure that the local government addresses through
1654 incorporation, and joint infrastructure service areas. 1683 coordination mechanisms the impacts of development proposed in
1655 b. The intergovernmental coordination element must shall 1684 the local comprehensive plan upon development in adjacent
1656 provide for a dispute resolution process, as established 1685 municipalities, the county, adjacent counties, the region, and
1657 pursuant to s. 186.509, for bringing intergovernmental disputes 1686 the state. The area of concern for municipalities must shall
1658 to closure in a timely manner. 1687 include adjacent municipalities, the county, and counties
1659 c. The intergovernmental coordination element must shall 1688 adjacent to the municipality. The area of concern for counties
1660 provide for interlocal agreements as established pursuant to s. 1689 must shall include all municipalities within the county,
1661 333.03(1)(b). 1690 adjacent counties, and adjacent municipalities.
1662 2. The intergovernmental coordination element must shall 1691 b. Ensure coordination in establishing level of service
1663 also state principles and guidelines to be used in coordinating 1692 standards for public facilities with any state, regional, or
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1693 local entity having operational and maintenance responsibility 1722 agreement with the state land planning agency and applicable
1694 for such facilities. 1723 local government pursuant to s. 380.032 or, where the port is a
1695 Section 58. Subsection (5) of section 163.3178, Florida 1724 department of a local government, successfully enters into a
1696 Statutes, is amended to read: 1725 development agreement with the state land planning agency
1697 163.3178 Coastal management.— 1726 pursuant to s. 380.032.
1698 (5) A The appropriate dispute resolution process provided 1727 Section 59. Paragraph (c) of subsection (1) and paragraph
1699 under s. 186.509 must be used to reconcile inconsistencies 1728 (b) of subsection (3) of section 163.3184, Florida Statutes, are
1700 between port master plans and local comprehensive plans. In 1729 amended to read:
1701 recognition of the state’s commitment to deepwater ports, the 1730 163.3184 Process for adoption of comprehensive plan or plan
1702 state comprehensive plan must include goals, objectives, and 1731 amendment.—
1703 policies that establish a statewide strategy for enhancement of 1732 (1) DEFINITIONS.—As used in this section, the term:
1704 existing deepwater ports, ensuring that priority is given to 1733 (c) “Reviewing agencies” means:
1705 water-dependent land uses. As an incentive for promoting plan 1734 1. The state land planning agency;
1706 consistency, port facilities as defined in s. 315.02(6) on lands 1735 2. The appropriate regional planning council;
1707 owned or controlled by a deepwater port as defined in s. 1736 2.3. The appropriate water management district;
1708 311.09(1), as of the effective date of this act are shall not be 1737 3.4. The Department of Environmental Protection;
1709 subject to development-of-regional-impact review provided the 1738 4.5. The Department of State;
1710 port either successfully completes an alternative comprehensive 1739 5.6. The Department of Transportation;
1711 development agreement with a local government pursuant to ss. 1740 6.7. In the case of plan amendments relating to public
1712 163.3220-163.3243 or successfully enters into a development 1741 schools, the Department of Education;
1713 agreement with the state land planning agency and applicable 1742 7.8. In the case of plans or plan amendments that affect a
1714 local government pursuant to s. 380.032 or, where the port is a 1743 military installation listed in s. 163.3175, the commanding
1715 department of a local government, successfully enters into a 1744 officer of the affected military installation;
1716 development agreement with the state land planning agency 1745 8.9. In the case of county plans and plan amendments, the
1717 pursuant to s. 380.032. Port facilities as defined in s. 1746 Fish and Wildlife Conservation Commission and the Department of
1718 315.02(6) on lands not owned or controlled by a deepwater port 1747 Agriculture and Consumer Services; and
1719 as defined in s. 311.09(1) as of the effective date of this act 1748 9.10. In the case of municipal plans and plan amendments,
1720 are shall not be subject to development-of-regional-impact 1749 the county in which the municipality is located.
1721 review provided the port successfully enters into a development 1750 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
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1751 COMPREHENSIVE PLAN AMENDMENTS.— 1780 as follows:
1752 (b)1. The local government, after the initial public 1781 a. The regional planning council review and comments shall
1753 hearing held pursuant to subsection (11), shall transmit within 1782 be limited to adverse effects on regional resources or
1754 10 working days the amendment or amendments and appropriate 1783 facilities identified in the strategic regional policy plan and
1755 supporting data and analyses to the reviewing agencies. The 1784 extrajurisdictional impacts that would be inconsistent with the
1756 local governing body shall also transmit a copy of the 1785 comprehensive plan of any affected local government within the
1757 amendments and supporting data and analyses to any other local 1786 region. A regional planning council may not review and comment
1758 government or governmental agency that has filed a written 1787 on a proposed comprehensive plan amendment prepared by such
1759 request with the governing body. 1788 council unless the plan amendment has been changed by the local
1760 2. The reviewing agencies and any other local government or 1789 government subsequent to the preparation of the plan amendment
1761 governmental agency specified in subparagraph 1. may provide 1790 by the regional planning council.
1762 comments regarding the amendment or amendments to the local 1791 b. County comments must shall be in the context of the
1763 government. State agencies shall only comment on important state 1792 relationship and effect of the proposed plan amendments on the
1764 resources and facilities that will be adversely impacted by the 1793 county plan.
1765 amendment if adopted. Comments provided by state agencies shall 1794 b.c. Municipal comments must shall be in the context of the
1766 state with specificity how the plan amendment will adversely 1795 relationship and effect of the proposed plan amendments on the
1767 impact an important state resource or facility and shall 1796 municipal plan.
1768 identify measures the local government may take to eliminate, 1797 c.d. Military installation comments must shall be provided
1769 reduce, or mitigate the adverse impacts. Such comments, if not 1798 in accordance with s. 163.3175.
1770 resolved, may result in a challenge by the state land planning 1799 4. Comments to the local government from state agencies
1771 agency to the plan amendment. Agencies and local governments 1800 must shall be limited to the following subjects as they relate
1772 must transmit their comments to the affected local government 1801 to important state resources and facilities that will be
1773 such that they are received by the local government not later 1802 adversely impacted by the amendment if adopted:
1774 than 30 days after the date on which the agency or government 1803 a. The Department of Environmental Protection shall limit
1775 received the amendment or amendments. Reviewing agencies shall 1804 its comments to the subjects of air and water pollution;
1776 also send a copy of their comments to the state land planning 1805 wetlands and other surface waters of the state; federal and
1777 agency. 1806 state-owned lands and interest in lands, including state parks,
1778 3. Comments to the local government from a regional 1807 greenways and trails, and conservation easements; solid waste;
1779 planning council, county, or municipality are shall be limited 1808 water and wastewater treatment; and the Everglades ecosystem
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1809 restoration. 1838 jurisdiction, the applicable regional planning council shall
1810 b. The Department of State shall limit its comments to the 1839 conduct a scoping meeting with affected local governments and
1811 subjects of historic and archaeological resources. 1840 those agencies identified in s. 163.3184(1)(c) before
1812 c. The Department of Transportation shall limit its 1841 preparation of the sector plan. The purpose of this meeting is
1813 comments to issues within the agency’s jurisdiction as it 1842 to assist the state land planning agency and the local
1814 relates to transportation resources and facilities of state 1843 government in the identification of the relevant planning issues
1815 importance. 1844 to be addressed and the data and resources available to assist
1816 d. The Fish and Wildlife Conservation Commission shall 1845 in the preparation of the sector plan. If a scoping meeting is
1817 limit its comments to subjects relating to fish and wildlife 1846 conducted, the regional planning council shall make written
1818 habitat and listed species and their habitat. 1847 recommendations to the state land planning agency and affected
1819 e. The Department of Agriculture and Consumer Services 1848 local governments on the issues requested by the local
1820 shall limit its comments to the subjects of agriculture, 1849 government. The scoping meeting must shall be noticed and open
1821 forestry, and aquaculture issues. 1850 to the public. If the entire planning area proposed for the
1822 f. The Department of Education shall limit its comments to 1851 sector plan is within the jurisdiction of two or more local
1823 the subject of public school facilities. 1852 governments, some or all of them may enter into a joint planning
1824 g. The appropriate water management district shall limit 1853 agreement pursuant to s. 163.3171 with respect to the geographic
1825 its comments to flood protection and floodplain management, 1854 area to be subject to the sector plan, the planning issues that
1826 wetlands and other surface waters, and regional water supply. 1855 will be emphasized, procedures for intergovernmental
1827 h. The state land planning agency shall limit its comments 1856 coordination to address extrajurisdictional impacts, supporting
1828 to important state resources and facilities outside the 1857 application materials including data and analysis, procedures
1829 jurisdiction of other commenting state agencies and may include 1858 for public participation, or other issues.
1830 comments on countervailing planning policies and objectives 1859 Section 61. Paragraph (i) of subsection (2) of section
1831 served by the plan amendment that should be balanced against 1860 163.568, Florida Statutes, is amended to read:
1832 potential adverse impacts to important state resources and 1861 163.568 Purposes and powers.—
1833 facilities. 1862 (2) The authority is granted the authority to exercise all
1834 Section 60. Subsection (2) of section 163.3245, Florida 1863 powers necessary, appurtenant, convenient, or incidental to the
1835 Statutes, is amended to read: 1864 carrying out of the aforesaid purposes, including, but not
1836 163.3245 Sector plans.— 1865 limited to, the following rights and powers:
1837 (2) The Upon the request of a local government having 1866 (i) To develop transportation plans, and to coordinate its
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1867 planning and programs with those of appropriate municipal, 1896 order to ensure that the intent of ss. 186.001-186.031 and
1868 county, and state agencies and other political subdivisions of 1897 186.801-186.901 is accomplished, the Executive Office of the
1869 the state. All transportation plans are subject to review and 1898 Governor shall:
1870 approval by the Department of Transportation and by the regional 1899 (7) Act as the state clearinghouse and designate the
1871 planning agency, if any, for consistency with programs or 1900 regional planning councils as the regional data clearinghouses.
1872 planning for the area and region. 1901 Section 65. Subsections (7) and (8) of section 186.007,
1873 Section 62. Subsection (2) of section 164.1031, Florida 1902 Florida Statutes, are amended to read:
1874 Statutes, is amended to read: 1903 186.007 State comprehensive plan; preparation; revision.—
1875 164.1031 Definitions.—For purposes of this act: 1904 (7) In preparing and revising the state comprehensive plan,
1876 (2) “Regional governmental entities” includes regional 1905 the Executive Office of the Governor shall, to the extent
1877 planning councils, metropolitan planning organizations, water 1906 feasible, consider studies, reports, and plans of each
1878 supply authorities that include more than one county, local 1907 department, agency, and institution of state and local
1879 health councils, water management districts, and other regional 1908 government, each regional planning agency, and the Federal
1880 entities that are authorized and created by general or special 1909 Government and shall take into account the existing and
1881 law that have duties or responsibilities extending beyond the 1910 prospective resources, capabilities, and needs of state and
1882 jurisdiction of a single county. 1911 local levels of government.
1883 Section 63. Subsection (5) of section 186.003, Florida 1912 (8) The revision of the state comprehensive plan is a
1884 Statutes, is amended to read: 1913 continuing process. Each section of the plan must shall be
1885 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.— 1914 reviewed and analyzed biennially by the Executive Office of the
1886 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 1915 Governor in conjunction with the planning officers of other
1887 (5) “Regional planning agency” means the regional planning 1916 state agencies significantly affected by the provisions of the
1888 council created pursuant to ss. 186.501-186.515 to exercise 1917 particular section under review. In conducting this review and
1889 responsibilities under ss. 186.001-186.031 and 186.801-186.901 1918 analysis, the Executive Office of the Governor shall review and
1890 in a particular region of the state. 1919 consider, with the assistance of the state land planning agency,
1891 Section 64. Subsection (7) of section 186.006, Florida 1920 any relevant reports, data, or analyses and regional planning
1892 Statutes, is amended to read: 1921 councils, the evaluation and appraisal reports prepared pursuant
1893 186.006 Powers and responsibilities of Executive Office of 1922 to s. 186.511. Any necessary revisions of the state
1894 the Governor.—For the purpose of establishing consistency and 1923 comprehensive plan shall be proposed by the Governor in a
1895 uniformity in the state and regional planning process and in 1924 written report and be accompanied by an explanation of the need
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1925 for such changes. If the Governor determines that changes are 1954 account that the accuracy and reliability of such maps and data
1926 unnecessary, the written report must explain why changes are 1955 may be limited by various factors, including the scale of the
1927 unnecessary. The proposed revisions and accompanying 1956 maps, the timeliness and accuracy of the underlying information,
1928 explanations may be submitted in the report required by s. 1957 the availability of more accurate site-specific information, and
1929 186.031. Any proposed revisions to the plan must shall be 1958 the presence or absence of ground truthing or peer review of the
1930 submitted to the Legislature as provided in s. 186.008(2) at 1959 underlying information contained in such maps and other graphic
1931 least 30 days before prior to the regular legislative session 1960 information. This section does not apply to maps adopted
1932 occurring in each even-numbered year. 1961 pursuant to part II of chapter 163.
1933 Section 66. Subsection (1) of section 186.008, Florida 1962 Section 68. Paragraph (b) of subsection (20) and paragraph
1934 Statutes, is amended to read: 1963 (b) of subsection (21) of section 187.201, Florida Statutes, are
1935 186.008 State comprehensive plan; revision; 1964 amended to read:
1936 implementation.— 1965 187.201 State Comprehensive Plan adopted.—The Legislature
1937 (1) On or before October 1 of every odd-numbered year, the 1966 hereby adopts as the State Comprehensive Plan the following
1938 Executive Office of the Governor shall prepare, and the Governor 1967 specific goals and policies:
1939 shall recommend to the Administration Commission, any proposed 1968 (20) GOVERNMENTAL EFFICIENCY.—
1940 revisions to the state comprehensive plan deemed necessary. The 1969 (b) Policies.—
1941 Governor shall transmit his or her recommendations and 1970 1. Encourage greater cooperation between, among, and within
1942 explanation as required by s. 186.007(8). Copies must shall also 1971 all levels of Florida government through the use of appropriate
1943 be provided to each state agency, to each regional planning 1972 interlocal agreements and mutual participation for mutual
1944 agency, to any other unit of government that requests a copy, 1973 benefit.
1945 and to any member of the public who requests a copy. 1974 2. Allow the creation of independent special taxing
1946 Section 67. Section 186.803, Florida Statutes, is amended 1975 districts which have uniform general law standards and
1947 to read: 1976 procedures and do not overburden other governments and their
1948 186.803 Use of geographic information by governmental 1977 taxpayers while preventing the proliferation of independent
1949 entities.—When state agencies, water management districts, 1978 special taxing districts which do not meet these standards.
1950 regional planning councils, local governments, and other 1979 3. Encourage the use of municipal services taxing units and
1951 governmental entities use maps, including geographic information 1980 other dependent special districts to provide needed
1952 maps and other graphic information materials, as the source of 1981 infrastructure where the fiscal capacity exists to support such
1953 data for planning or any other purposes, they must take into 1982 an approach.
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1983 4. Eliminate regulatory activities that are not tied to 2012 management practices.
1984 specific public and natural resource protection needs. 2013 11. Encourage governments to seek outside contracting on a
1985 5. Eliminate needless duplication of, and promote 2014 competitive-bid basis when cost-effective and appropriate.
1986 cooperation in, governmental activities between, among, and 2015 12. Discourage undue expansion of state government and make
1987 within state, regional, county, city, and other governmental 2016 every effort to streamline state government in a cost-effective
1988 units. 2017 manner.
1989 6. Ensure, wherever possible, that the geographic 2018 13. Encourage joint venture solutions to mutual problems
1990 boundaries of water management districts, regional planning 2019 between levels of government and private enterprise.
1991 councils, and substate districts of the executive departments 2020 (21) THE ECONOMY.—
1992 are shall be coterminous for related state or agency programs 2021 (b) Policies.—
1993 and functions and promote interagency agreements in order to 2022 1. Attract new job-producing industries, corporate
1994 reduce the number of districts and councils with jurisdiction in 2023 headquarters, distribution and service centers, regional
1995 any one county. 2024 offices, and research and development facilities to provide
1996 7. Encourage and provide for the restructuring of city and 2025 quality employment for the residents of Florida.
1997 county political jurisdictions with the goals of greater 2026 2. Promote entrepreneurship, small and small and minority-
1998 efficiency and high-quality and more equitable and responsive 2027 owned business startups, and business startups in rural or urban
1999 public service programs. 2028 areas as described in s. 288.703 by providing technical and
2000 8. Replace multiple, small scale, economically inefficient 2029 information resources, facilitating capital formation, and
2001 local public facilities with regional facilities where they are 2030 removing regulatory restraints which are unnecessary for the
2002 proven to be more economical, particularly in terms of energy 2031 protection of consumers and society.
2003 efficiency, and yet can retain the quality of service expected 2032 3. Maintain, as one of the state’s primary economic assets,
2004 by the public. 2033 the environment, including clean air and water, beaches,
2005 9. Encourage greater efficiency and economy at all levels 2034 forests, historic landmarks, and agricultural and natural
2006 of government through adoption and implementation of effective 2035 resources.
2007 records management, information management, and evaluation 2036 4. Strengthen Florida’s position in the world economy
2008 procedures. 2037 through attracting foreign investment and promoting
2009 10. Throughout government, establish citizen management 2038 international banking and trade.
2010 efficiency groups and internal management groups to make 2039 5. Build on the state’s attractiveness to make it a leader
2011 recommendations for greater operating efficiencies and improved 2040 in the visual and performing arts and in all phases of film,
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2041 television, and recording production. 2070 development corporations, and other programs designed to enhance
2042 6. Promote economic development for Florida residents 2071 economic and employment opportunities.
2043 through partnerships among education, business, industry, 2072 Section 69. Paragraph (g) of subsection (3) of section
2044 agriculture, and the arts. 2073 212.096, Florida Statutes, is amended to read:
2045 7. Provide increased opportunities for training Florida’s 2074 212.096 Sales, rental, storage, use tax; enterprise zone
2046 workforce to provide skilled employees for new and expanding 2075 jobs credit against sales tax.—
2047 business. 2076 (3) In order to claim this credit, an eligible business
2048 8. Promote economic self-sufficiency through training and 2077 must file under oath with the governing body or enterprise zone
2049 educational programs which result in productive employment. 2078 development agency having jurisdiction over the enterprise zone
2050 9. Promote cooperative employment arrangements between 2079 where the business is located, as applicable, a statement which
2051 private employers and public sector employment efforts to 2080 includes:
2052 provide productive, permanent employment opportunities for 2081 (g) Whether the business is a small business as defined by
2053 public assistance recipients through provisions of education 2082 s. 288.703 s. 288.703(6).
2054 opportunities, tax incentives, and employment training. 2083 Section 70. Paragraph (c) of subsection (1) and subsection
2055 10. Provide for nondiscriminatory employment opportunities. 2084 (2) of section 218.32, Florida Statutes, are amended to read:
2056 11. Provide quality child day care for public assistance 2085 218.32 Annual financial reports; local governmental
2057 families and others who need it in order to work. 2086 entities.—
2058 12. Encourage the development of a business climate that 2087 (1)
2059 provides opportunities for the growth and expansion of existing 2088 (c) Each regional planning council created under s.
2060 state industries, particularly those industries which are 2089 186.504, each local government finance commission, board, or
2061 compatible with Florida’s environment. 2090 council, and each municipal power corporation created as a
2062 13. Promote coordination among Florida’s ports to increase 2091 separate legal or administrative entity by interlocal agreement
2063 their utilization. 2092 under s. 163.01(7) shall submit to the department a copy of its
2064 14. Encourage the full utilization by businesses of the 2093 audit report and an annual financial report for the previous
2065 economic development enhancement programs implemented by the 2094 fiscal year in a format prescribed by the department.
2066 Legislature for the purpose of extensively involving private 2095 (2) The department shall annually by December 1 file a
2067 businesses in the development and expansion of permanent job 2096 verified report with the Governor, the Legislature, the Auditor
2068 opportunities, especially for the economically disadvantaged, 2097 General, and the Special District Accountability Program of the
2069 through the utilization of enterprise zones, community 2098 Department of Commerce showing the revenues, both locally
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Bill No. SB 1264 Bill No. SB 1264
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2099 derived and derived from intergovernmental transfers, and the 2128 shall operate in accordance with s. 287.093, except that all
2100 expenditures of each local governmental entity, regional 2129 contracts for the construction of state facilities should comply
2101 planning council, local government finance commission, and 2130 with provisions in s. 287.09451, and rules adopted pursuant
2102 municipal power corporation that is required to submit an annual 2131 thereto, for the utilization of rural or urban minority business
2103 financial report. In preparing the verified report, the 2132 enterprises. When construction is financed in whole or in part
2104 department may request additional information from the local 2133 from federal funds and where federal provisions for utilization
2105 governmental entity. The information requested must be provided 2134 of rural or urban minority business enterprises apply, this
2106 to the department within 45 days after the request. If the local 2135 section may shall not apply.
2107 governmental entity does not comply with the request, the 2136 (2) Counties, municipalities, and special districts as
2108 department shall notify the Legislative Auditing Committee, 2137 defined in chapter 189, or other political subdivisions of the
2109 which may take action pursuant to s. 11.40(2). The report must 2138 state are encouraged to be sensitive to the effect of job-size
2110 include, but is not limited to: 2139 barriers on rural or urban minority businesses. To this end,
2111 (a) The total revenues and expenditures of each local 2140 these governmental entities are encouraged to competitively
2112 governmental entity that is a component unit included in the 2141 award public construction projects exceeding $100,000.
2113 annual financial report of the reporting entity. 2142 Section 72. Section 255.102, Florida Statutes, is amended
2114 (b) The amount of outstanding long-term debt by each local 2143 to read:
2115 governmental entity. For purposes of this paragraph, the term 2144 255.102 Contractor utilization of rural or urban minority
2116 “long-term debt” means any agreement or series of agreements to 2145 business enterprises.—
2117 pay money, which, at inception, contemplate terms of payment 2146 (1) Agencies shall consider the use of price preferences,
2118 exceeding 1 year in duration. 2147 weighted preference formulas, or other preferences for
2119 Section 71. Section 255.101, Florida Statutes, is amended 2148 construction contracts, as determined appropriate by the Office
2120 to read: 2149 of Supplier Development Diversity to increase minority
2121 255.101 Contracts for public construction works; 2150 participation in rural or urban areas.
2122 utilization of rural or urban minority business enterprises.— 2151 (2) The Office of Supplier Development Diversity, in
2123 (1) All county officials, boards of county commissioners, 2152 collaboration with the Board of Governors of the State
2124 school boards, city councils, city commissioners, and all other 2153 University System, shall adopt rules to determine what is a
2125 public officers of state boards or commissions which are charged 2154 “good faith effort” for purposes of contractor compliance with
2126 with the letting of contracts for public works and for the 2155 rural or urban areas minority participation goals established
2127 construction of public bridges, buildings, and other structures 2156 for competitively awarded building and construction projects.
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Bill No. SB 1264 Bill No. SB 1264
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2157 Pro forma efforts may shall not be considered good faith. 2186 be performed by rural or urban minority business enterprises in
2158 Factors which must shall be considered by the state agency in 2187 order to increase the likelihood of meeting the rural or urban
2159 determining whether a contractor has made good faith efforts 2188 minority business enterprise procurement goals, including, where
2160 shall include, but not be limited to: 2189 appropriate, breaking down contracts into economically feasible
2161 (a) Whether the contractor attended any presolicitation or 2190 units to facilitate rural or urban minority business enterprise
2162 prebid meetings that were scheduled by the agency to inform 2191 participation under reasonable and economical conditions of
2163 rural or urban minority business enterprises of contracting and 2192 performance.
2164 subcontracting opportunities. 2193 (f) Whether the contractor provided the Office of Supplier
2165 (b) Whether the contractor advertised in general 2194 Development Diversity as well as interested rural or urban
2166 circulation, trade association, or rural-focused or urban- 2195 minority business enterprises or minority persons with adequate
2167 focused minority-focus media concerning the subcontracting 2196 information about the plans, specifications, and requirements of
2168 opportunities. 2197 the contract or the availability of jobs at a time no later than
2169 (c) Whether the contractor provided written notice to all 2198 when such information was provided to other subcontractors.
2170 relevant subcontractors listed on the minority vendor list for 2199 (g) Whether the contractor negotiated in good faith with
2171 that locality and statewide as provided by the agency as of the 2200 interested rural or urban minority business enterprises or
2172 date of issuance of the invitation to bid, that their interest 2201 minority persons, not rejecting rural or urban minority business
2173 in the contract was being solicited in sufficient time to allow 2202 enterprises or minority persons as unqualified without sound
2174 the rural or urban minority business enterprises to participate 2203 reasons based on a thorough investigation of their capabilities
2175 effectively. 2204 or imposing implausible conditions of performance on the
2176 (d) Whether the contractor followed up initial 2205 contract.
2177 solicitations of interest by contacting rural or urban minority 2206 (h) Whether the contractor diligently seeks to replace a
2178 business enterprises, the Office of Supplier Development 2207 rural or urban minority business enterprise subcontractor that
2179 Diversity, or minority persons who responded and provided 2208 is unable to perform successfully with another rural or urban
2180 detailed information about prebid meetings, access to plans, 2209 minority business enterprise.
2181 specifications, contractor’s project manager, subcontractor 2210 (i) Whether the contractor effectively used the services of
2182 bonding, if any, payment schedule, bid addenda, and other 2211 available rural or urban minority community organizations; rural
2183 assistance provided by the contractor to enhance rural or urban 2212 or urban minority contractors’ groups; local, state, and federal
2184 minority business enterprise participation. 2213 rural or urban minority business assistance offices; and other
2185 (e) Whether the contractor selected portions of the work to 2214 organizations that provide assistance in the recruitment and
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Bill No. SB 1264 Bill No. SB 1264
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2215 placement of rural or urban minority business enterprises or 2244 Department of Agriculture and Consumer Services, the Division of
2216 minority persons. 2245 Historical Resources of the Department of State, the Tampa Bay
2217 (3) If an agency considers any other criteria in 2246 Regional Planning Council, the Southwest Florida Water
2218 determining whether a contractor has made a good faith effort, 2247 Management District, the Southwest Florida Regional Planning
2219 the agency must shall adopt such criteria in accordance with s. 2248 Council, Manatee County, Sarasota County, Charlotte County, the
2220 120.54, and, where required by that section, by rule, after May 2249 City of Sarasota, the City of North Port, agricultural
2221 31, 1994. In adopting such criteria, the agency shall identify 2250 interests, environmental organizations, and any others deemed
2222 the specific factors in as objective a manner as possible to be 2251 advisable by the department.
2223 used to assess a contractor’s performance against said criteria. 2252 Section 74. Subsections (1) and (3) of section 260.0142,
2224 (4) Notwithstanding the provisions of s. 287.09451 to the 2253 Florida Statutes, are amended to read:
2225 contrary, agencies shall monitor good faith efforts of 2254 260.0142 Florida Greenways and Trails Council; composition;
2226 contractors in competitively awarded building and construction 2255 powers and duties.—
2227 projects, in accordance with rules established pursuant to this 2256 (1) There is created within the department the Florida
2228 section. It is the responsibility of the contractor to exercise 2257 Greenways and Trails Council which shall advise the department
2229 good faith efforts in accordance with rules established pursuant 2258 in the execution of the department’s powers and duties under
2230 to this section, and to provide documentation necessary to 2259 this chapter. The council shall be composed of 19 21 members,
2231 assess efforts to include rural or urban minority business 2260 consisting of:
2232 participation. 2261 (a)1. Five Six members appointed by the Governor, with two
2233 Section 73. Paragraph (a) of subsection (7) of section 2262 members representing the trail user community, two members
2234 258.501, Florida Statutes, is amended to read: 2263 representing the greenway user community, one member from the
2235 258.501 Myakka River; wild and scenic segment.— 2264 board of the Florida Wildlife Corridor Foundation, and one
2236 (7) MANAGEMENT COORDINATING COUNCIL.— 2265 member representing private landowners.
2237 (a) Upon designation, the department shall create a 2266 2. Three members appointed by the President of the Senate,
2238 permanent council to provide interagency and intergovernmental 2267 with one member representing the trail user community and two
2239 coordination in the management of the river. The coordinating 2268 members representing the greenway user community.
2240 council shall be composed of one representative appointed from 2269 3. Three members appointed by the Speaker of the House of
2241 each of the following: the department, the Department of 2270 Representatives, with two members representing the trail user
2242 Transportation, the Fish and Wildlife Conservation Commission, 2271 community and one member representing the greenway user
2243 the Department of Commerce, the Florida Forest Service of the 2272 community.
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Bill No. SB 1264 Bill No. SB 1264
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2273 2302 determine the order of rotation.
2274 Those eligible to represent the trail user community shall be 2303 8.9. A representative of local governments to be appointed
2275 chosen from, but not be limited to, paved trail users, hikers, 2304 by the Secretary of Environmental Protection. Membership must
2276 off-road bicyclists, users of off-highway vehicles, paddlers, 2305 alternate between a county representative and a municipal
2277 equestrians, disabled outdoor recreational users, and commercial 2306 representative.
2278 recreational interests. Those eligible to represent the greenway 2307 (3) The term of all appointees shall be for 2 years unless
2279 user community must be chosen from, but not be limited to, 2308 otherwise specified. The appointees of the Governor, the
2280 conservation organizations, nature study organizations, and 2309 President of the Senate, and the Speaker of the House of
2281 scientists and university experts. 2310 Representatives may be reappointed for no more than four
2282 (b) The 8 9 remaining members include: 2311 consecutive terms. The representatives of the water management
2283 1. The Secretary of Environmental Protection or a designee. 2312 districts, regional planning councils, and local governments may
2284 2. The executive director of the Fish and Wildlife 2313 be reappointed for no more than two consecutive terms. All other
2285 Conservation Commission or a designee. 2314 appointees shall serve until replaced.
2286 3. The Secretary of Transportation or a designee. 2315 Section 75. Subsections (8), (9), and (12) of section
2287 4. The Director of the Florida Forest Service of the 2316 287.057, Florida Statutes, are amended to read:
2288 Department of Agriculture and Consumer Services or a designee. 2317 287.057 Procurement of commodities or contractual
2289 5. The director of the Division of Historical Resources of 2318 services.—
2290 the Department of State or a designee. 2319 (8)(a) In order to strive to meet the rural or urban
2291 6. A representative of the water management districts. 2320 minority business enterprise procurement goals set forth in s.
2292 Membership on the council must rotate among the five districts. 2321 287.09451, an agency may reserve any contract for competitive
2293 The districts shall determine the order of rotation. 2322 solicitation only among certified rural or urban minority
2294 7. A representative of a federal land management agency. 2323 business enterprises. Agencies shall review all their contracts
2295 The Secretary of Environmental Protection shall identify the 2324 each fiscal year and shall determine which contracts may be
2296 appropriate federal agency and request designation of a 2325 reserved for solicitation only among certified rural or urban
2297 representative from the agency to serve on the council. 2326 minority business enterprises. This reservation may only be used
2298 8. A representative of the regional planning councils to be 2327 when it is determined, by reasonable and objective means, before
2299 appointed by the Secretary of Environmental Protection. 2328 the solicitation that there are capable, qualified certified
2300 Membership on the council must rotate among the seven regional 2329 rural or urban minority business enterprises available to submit
2301 planning councils. The regional planning councils shall 2330 a bid, proposal, or reply on a contract to provide for effective
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
2331 competition. The Office of Supplier Development Diversity shall 2360 (9) An agency may reserve any contract for competitive
2332 consult with any agency in reaching such determination when 2361 solicitation only among vendors who agree to use certified rural
2333 deemed appropriate. 2362 or urban minority business enterprises as subcontractors or
2334 (b) Before a contract may be reserved for solicitation only 2363 subvendors. The percentage of funds, in terms of gross contract
2335 among certified rural or urban minority business enterprises, 2364 amount and revenues, which must be expended with the certified
2336 the agency head must find that such a reservation is in the best 2365 rural or urban minority business enterprise subcontractors and
2337 interests of the state. All determinations are shall be subject 2366 subvendors shall be determined by the agency before such
2338 to s. 287.09451(5). Once a decision has been made to reserve a 2367 contracts may be reserved. In order to bid on a contract so
2339 contract, but before sealed bids, proposals, or replies are 2368 reserved, the vendor shall identify those certified rural or
2340 requested, the agency shall estimate what it expects the amount 2369 urban minority business enterprises which will be utilized as
2341 of the contract to be, based on the nature of the services or 2370 subcontractors or subvendors by sworn statement. At the time of
2342 commodities involved and their value under prevailing market 2371 performance or project completion, the contractor shall report
2343 conditions. If all the sealed bids, proposals, or replies 2372 by sworn statement the payments and completion of work for all
2344 received are over this estimate, the agency may reject the bids, 2373 certified rural or urban minority business enterprises used in
2345 proposals, or replies and request new ones from certified rural 2374 the contract.
2346 or urban minority business enterprises, or the agency may reject 2375 (12) If two equal responses to a solicitation or a request
2347 the bids, proposals, or replies and reopen the bidding to all 2376 for quote are received and one response is from a certified
2348 eligible vendors. 2377 rural or urban minority business enterprise, the agency must
2349 (c) All agencies shall consider the use of price 2378 shall enter into a contract with the certified rural or urban
2350 preferences of up to 10 percent, weighted preference formulas, 2379 minority business enterprise.
2351 or other preferences for vendors as determined appropriate 2380 Section 76. Section 287.0943, Florida Statutes, is amended
2352 pursuant to guidelines established in accordance with s. 2381 to read:
2353 287.09451(4) to increase the participation of certified rural or 2382 287.0943 Certification of rural or urban minority business
2354 urban minority business enterprises. 2383 enterprises.—
2355 (d) All agencies shall avoid any undue concentration of 2384 (1) A business certified by any local governmental
2356 contracts or purchases in categories of commodities or 2385 jurisdiction or organization shall be accepted by the Department
2357 contractual services in order to meet the certified rural or 2386 of Management Services, Office of Supplier Development
2358 urban minority business enterprise purchasing goals in s. 2387 Diversity, as a certified rural or urban minority business
2359 287.09451. 2388 enterprise for purposes of doing business with state government
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Bill No. SB 1264 Bill No. SB 1264
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2389 when the Office of Supplier Development Diversity determines 2418 at-large members to ensure balance. A quorum shall consist of
2390 that the state’s rural or urban minority business enterprise 2419 one-third of the current members, and the task force may take
2391 certification criteria are applied in the local certification 2420 action by majority vote. Any vacancy may only be filled by the
2392 process. 2421 organization or agency originally authorized to appoint the
2393 (2)(a) The office is hereby directed to convene a “Rural or 2422 position.
2394 Urban Minority Business Certification Task Force.” The task 2423 (c) The purpose of the task force will be to propose
2395 force shall meet as often as necessary, but no less frequently 2424 uniform criteria and procedures by which participating entities
2396 than annually. 2425 and organizations can qualify businesses to participate in
2397 (b) The task force shall be regionally balanced and 2426 procurement or contracting programs as certified rural or urban
2398 comprised of officials representing the department, counties, 2427 minority business enterprises in accordance with the
2399 municipalities, school boards, special districts, and other 2428 certification criteria established by law.
2400 political subdivisions of the state who administer programs to 2429 (d) A final list of the criteria and procedures proposed by
2401 assist rural or urban minority businesses in procurement or 2430 the task force shall be considered by the secretary. The task
2402 development in government-sponsored programs. The following 2431 force may seek technical assistance from qualified providers of
2403 organizations may appoint two members each of the task force who 2432 technical, business, and managerial expertise to ensure the
2404 fit the description above: 2433 reliability of the certification criteria developed.
2405 1. The Florida League of Cities, Inc. 2434 (e) In assessing the status of ownership and control,
2406 2. The Florida Association of Counties. 2435 certification criteria shall, at a minimum:
2407 3. The Florida School Boards Association, Inc. 2436 1. Link ownership by a minority person owning a business
2408 4. The Association of Special Districts. 2437 enterprise in a rural or urban area as defined in s. 288.703, or
2409 5. The Florida Association of Rural or Urban Minority 2438 as dictated by the legal obligations of a certifying
2410 Business Enterprise Officials. 2439 organization, to day-to-day control and financial risk by the
2411 6. The Florida Association of Government Purchasing 2440 qualifying minority owner, and to demonstrated expertise or
2412 Officials. 2441 licensure of an a minority owner in any trade or profession that
2413 2442 the rural or urban minority business enterprise will offer to
2414 In addition, the Office of Supplier Development Diversity shall 2443 the state when certified. Businesses must comply with all state
2415 appoint seven members consisting of three representatives of 2444 licensing requirements before becoming certified as a rural or
2416 rural or urban minority business enterprises, one of whom should 2445 urban minority business enterprise.
2417 be a woman business owner, two officials of the office, and two 2446 2. If present ownership was obtained by transfer, require
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Bill No. SB 1264 Bill No. SB 1264
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2447 the minority person on whom eligibility is based to have owned 2476 conduit” means, in part, not acting as a regular dealer by
2448 at least 51 percent of the applicant firm for a minimum of 2 2477 making sales of material, goods, or supplies from items bought,
2449 years, when any previous majority ownership interest in the firm 2478 kept in stock, and regularly sold to the public in the usual
2450 was by a nonminority who is or was a relative, former employer, 2479 course of business. Brokers, manufacturer’s representatives,
2451 or current employer of the minority person on whom eligibility 2480 sales representatives, and nonstocking distributors are
2452 is based. This requirement does not apply to minority persons 2481 considered as conduits that do not perform a useful business
2453 who are otherwise eligible who take a 51-percent-or-greater 2482 function, unless normal industry practice dictates.
2454 interest in a firm that requires professional licensure to 2483 (f) When a business receives payments or awards exceeding
2455 operate and who will be the qualifying licenseholder for the 2484 $100,000 in one fiscal year, a review of its certification
2456 firm when certified. A transfer made within a related immediate 2485 status or an audit will be conducted within 2 years. In
2457 family group from a nonminority person to a minority person in 2486 addition, random reviews or audits will be conducted as deemed
2458 order to establish ownership by a minority person shall be 2487 appropriate by the Office of Supplier Development Diversity.
2459 deemed to have been made solely for purposes of satisfying 2488 (g) The certification criteria approved by the task force
2460 certification criteria and shall render such ownership invalid 2489 and adopted by the Department of Management Services must shall
2461 for purposes of qualifying for such certification if the 2490 be included in a statewide and interlocal agreement as defined
2462 combined total net asset value of all members of such family 2491 in s. 287.09431 and, in accordance with s. 163.01, shall be
2463 group exceeds $1 million. For purposes of this subparagraph, the 2492 executed according to the terms included therein.
2464 term “related immediate family group” means one or more children 2493 (h) The certification procedures should allow an applicant
2465 under 16 years of age and a parent of such children or the 2494 seeking certification to designate on the application form the
2466 spouse of such parent residing in the same house or living unit. 2495 information the applicant considers to be proprietary,
2467 3. Require that prospective certified rural or urban 2496 confidential business information. As used in this paragraph,
2468 minority business enterprises be currently performing or seeking 2497 the term “proprietary, confidential business information”
2469 to perform a useful business function. A “useful business 2498 includes, but is not limited to, any information that would be
2470 function” is defined as a business function which results in the 2499 exempt from public inspection pursuant to the provisions of
2471 provision of materials, supplies, equipment, or services to 2500 chapter 119; trade secrets; internal auditing controls and
2472 customers. Acting as a conduit to transfer funds to a non-rural 2501 reports; contract costs; or other information the disclosure of
2473 or a non-urban nonminority business does not constitute a useful 2502 which would injure the affected party in the marketplace or
2474 business function unless it is done so in a normal industry 2503 otherwise violate s. 286.041. The executor in receipt of the
2475 practice. As used in this section, the term “acting as a 2504 application shall issue written and final notice of any
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Bill No. SB 1264 Bill No. SB 1264
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2505 information for which noninspection is requested but not 2534 certification programs and procedures of all prospective
2506 provided for by law. 2535 executors of the statewide and interlocal agreement to determine
2507 (i) A business that is certified under the provisions of 2536 whether if their programs exhibit the capacity to meet the
2508 the statewide and interlocal agreement is shall be deemed a 2537 standards of the agreement.
2509 certified rural or urban minority enterprise in all 2538 (b) The evaluations shall, at a minimum, consider: the
2510 jurisdictions or organizations where the agreement is in effect, 2539 certifying entity’s capacity to conduct investigations of
2511 and that business is deemed available to do business as such 2540 applicants seeking certification under the designated criteria;
2512 within any such jurisdiction or with any such organization 2541 the ability of the certifying entity to collect the requisite
2513 statewide. All state agencies must accept rural or urban 2542 data and to establish adequate protocol to store and exchange
2514 minority business enterprises certified in accordance with the 2543 said information among the executors of the agreement and to
2515 statewide and interlocal agreement of s. 287.09431, and that 2544 provide adequate security to prevent unauthorized access to
2516 business shall also be deemed a “certified rural or urban 2545 information gathered during the certification process; and the
2517 minority business enterprise” as defined in s. 288.703. However, 2546 degree to which any legal obligations or supplemental
2518 any governmental jurisdiction or organization that administers a 2547 requirements unique to the certifying entity exceed the capacity
2519 rural or urban minority business purchasing program may reserve 2548 of that entity to conduct certifications.
2520 the right to establish further certification procedures 2549 (c) Any firms certified by organizations or governmental
2521 necessary to comply with federal law. 2550 entities determined not to meet the state certification criteria
2522 (j) The statewide and interlocal agreement must shall be 2551 may shall not be eligible to participate as certified rural or
2523 guided by the terms and conditions found therein and may be 2552 urban minority business enterprises in the rural or urban
2524 amended at any meeting of the task force and subsequently 2553 minority business assistance programs of the state. For a period
2525 adopted by the secretary of the Department of Management 2554 of 1 year from the effective date of this legislation, the
2526 Services. The amended agreement must be enacted, initialed, and 2555 executor of the statewide and interlocal agreement may elect to
2527 legally executed by at least two-thirds of the certifying 2556 accept only rural or urban minority business enterprises
2528 entities party to the existing agreement and adopted by the 2557 certified pursuant to criteria in place at the time the
2529 state as originally executed in order to bind the certifying 2558 agreement was signed. After the 1-year period, either party may
2530 entity. 2559 elect to withdraw from the agreement without further notice.
2531 (k) The task force shall meet for the first time no later 2560 (d) Any organizations or governmental entities determined
2532 than 45 days after the effective date of this act. 2561 by the office not to meet the standards of the agreement may
2533 (3)(a) The office shall review and evaluate the 2562 shall not be eligible to execute the statewide and interlocal
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Bill No. SB 1264 Bill No. SB 1264
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2563 agreement as a participating organization until approved by the 2592 enterprises not less than once each year.
2564 office. 2593 (b) The office shall contract with parties to the statewide
2565 (e) Any participating program receiving three or more 2594 and interlocal agreement to perform onsite visits associated
2566 challenges to its certification decisions pursuant to subsection 2595 with state certifications.
2567 (4) from other organizations that are executors to the statewide 2596 (6)(a) The office shall maintain up-to-date records of all
2568 and interlocal agreement, shall be subject to a review by the 2597 certified rural or urban minority business enterprises, as
2569 office, as provided in paragraphs (a) and (b), of the 2598 defined in s. 288.703, and of applications for certification
2570 organization’s capacity to perform under such agreement and in 2599 that were denied and shall make this list available to all
2571 accordance with the core criteria established by the task force. 2600 agencies. The office shall, for statistical purposes, collect
2572 The office shall submit a report to the secretary of the 2601 and track subgroupings of gender and nationality status for each
2573 Department of Management Services regarding the results of the 2602 certified rural or urban minority business enterprise. Agency
2574 review. 2603 spending shall also be tracked for these subgroups. The records
2575 (f) The office shall maintain a directory of all executors 2604 may include information about certified rural or urban minority
2576 of the statewide and interlocal agreement. The directory should 2605 business enterprises that provide legal services, auditing
2577 be communicated to the general public. 2606 services, and health services. Agencies shall use this list in
2578 (4) A certification may be challenged by any executor to 2607 efforts to meet the certified rural or urban minority business
2579 the statewide and interlocal agreement upon the grounds of 2608 enterprise procurement goals set forth in s. 287.09451.
2580 failure by the certifying organization to adhere to the adopted 2609 (b) The office shall establish and administer a
2581 criteria or to the certifying organization’s rules and 2610 computerized data bank to carry out the requirements of
2582 procedures, or on the grounds of a misrepresentation or fraud by 2611 paragraph (a), to be available to all executors of the statewide
2583 the certified rural or urban minority business enterprise. The 2612 and interlocal agreement. Data maintained in the data bank must
2584 challenge must shall proceed according to procedures specified 2613 shall be sufficient to allow each executor to reasonably monitor
2585 in the agreement. 2614 certifications it has issued.
2586 (5)(a) The secretary of the Department of Management 2615 (7) The office shall identify rural or urban minority
2587 Services shall execute the statewide and interlocal agreement 2616 business enterprises eligible for certification in all areas of
2588 established under s. 287.09431 on behalf of the state. The 2617 state services and commodities purchasing. The office may
2589 office shall certify rural or urban minority business 2618 contract with a private firm or other agency, if necessary, in
2590 enterprises in accordance with the laws of this state and, by 2619 seeking to identify rural or urban minority business enterprises
2591 affidavit, shall recertify such rural or urban minority business 2620 for certification. Agencies may request the office to identify
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Bill No. SB 1264 Bill No. SB 1264
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2621 certifiable rural or urban minority business enterprises that 2650 business as a certified rural or urban minority business
2622 are in the business of providing a given service or commodity; 2651 enterprise if the rural or urban minority business enterprise
2623 the office shall respond to such requests and seek out such 2652 does not meet the requirements of the jurisdiction or certifying
2624 certifiable rural or urban minority business enterprises. 2653 entity that certified or recertified the firm as a certified
2625 (8) The office shall adopt rules necessary to implement 2654 rural or urban minority business enterprise, or the requirements
2626 this section. 2655 of subsection (2), s. 288.703(2), and any rule of the office or
2627 (9) State agencies shall comply with this act except to the 2656 the Department of Management Services or if the business
2628 extent that the requirements of this act are in conflict with 2657 acquired certification or recertification by means of falsely
2629 federal law. 2658 representing any entity as a rural or urban minority business
2630 (10) Any transfer of ownership or permanent change in the 2659 enterprise for purposes of qualifying for certification or
2631 management and daily operations of a certified rural or urban 2660 recertification.
2632 minority business enterprise which may affect certification must 2661 (13) Unless permanently revoked, a certified rural or urban
2633 be reported to the original certifying jurisdiction or entity 2662 minority business enterprise for which certification or
2634 and to the office within 14 days of the transfer or change 2663 recertification has been revoked may not apply or reapply for
2635 taking place. In the event of a transfer of ownership, the 2664 certification or recertification for a minimum of 36 months
2636 transferee seeking to do business with the state as a certified 2665 after the date of the notice of revocation.
2637 rural or urban minority business enterprise is responsible for 2666 (14)(a) Except for certification decisions issued by the
2638 such reporting. In the event of a permanent change in the 2667 Office of Supplier Development Diversity, an executor to the
2639 management and daily operations, owners seeking to do business 2668 statewide and interlocal agreement shall, in accordance with its
2640 with the state as a certified rural or urban minority business 2669 rules and procedures:
2641 enterprise are responsible for reporting such change to the 2670 1. Give reasonable notice to affected persons or parties of
2642 office. A Any person violating the provisions of this subsection 2671 its decision to deny certification based on failure to meet
2643 commits shall be guilty of a misdemeanor of the first degree, 2672 eligibility requirements of the statewide and interlocal
2644 punishable as provided in s. 775.082 or s. 775.083. 2673 agreement of s. 287.09431, together with a summary of the
2645 (11) To deter fraud in the program, the Auditor General may 2674 grounds therefor.
2646 review the criteria by which a business became certified as a 2675 2. Give affected persons or parties an opportunity, at a
2647 certified rural or urban minority business enterprise. 2676 convenient time and place, to present to the agency written or
2648 (12) Any executor of the statewide and interlocal agreement 2677 oral evidence in opposition to the action or of the executor’s
2649 may revoke the certification or recertification of a firm doing 2678 refusal to act.
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Bill No. SB 1264 Bill No. SB 1264
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2679 3. Give a written explanation of any subsequent decision of 2708 287.09431 Statewide and interlocal agreement on
2680 the executor overruling the objections. 2709 certification of business concerns for the status of rural or
2681 (b) An applicant that is denied rural or urban minority 2710 urban minority business enterprise.—The statewide and interlocal
2682 business enterprise certification based on failure to meet 2711 agreement on certification of business concerns for the status
2683 eligibility requirements of the statewide and interlocal 2712 of rural or urban minority business enterprise is hereby enacted
2684 agreement pursuant to s. 287.09431 may not reapply for 2713 and entered into with all jurisdictions or organizations legally
2685 certification or recertification until at least 6 months after 2714 joining therein. If, within 2 years from the date that the
2686 the date of the notice of the denial of certification or 2715 certification core criteria are approved by the Department of
2687 recertification. 2716 Management Services, the agreement included herein is not
2688 (15) The office shall adopt rules in compliance with this 2717 executed by a majority of county and municipal governing bodies
2689 part. 2718 that administer a rural or urban minority business assistance
2690 Section 77. Paragraph (d) of subsection (3) of section 2719 program on the effective date of this act, then the Legislature
2691 287.055, Florida Statutes, is amended to read: 2720 shall review this agreement. It is the intent of the Legislature
2692 287.055 Acquisition of professional architectural, 2721 that if the agreement is not executed by a majority of the
2693 engineering, landscape architectural, or surveying and mapping 2722 requisite governing bodies, then a statewide uniform
2694 services; definitions; procedures; contingent fees prohibited; 2723 certification process should be adopted, and that such said
2695 penalties.— 2724 agreement should be repealed and replaced by a mandatory state
2696 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.— 2725 government certification process.
2697 (d) Each agency shall evaluate professional services, 2726
2698 including capabilities, adequacy of personnel, past record, 2727 ARTICLE I
2699 experience, whether the firm is a certified minority business 2728
2700 enterprise as defined by the Florida Small and Minority Business 2729 PURPOSE, FINDINGS, AND POLICY.—
2701 Assistance Act, and other factors determined by the agency to be 2730 (1) The parties to this agreement, desiring by common
2702 applicable to its particular requirements. When securing 2731 action to establish a uniform certification process in order to
2703 professional services, an agency must endeavor to meet the rural 2732 reduce the multiplicity of applications by business concerns to
2704 or urban minority business enterprise procurement goals under s. 2733 state and local governmental programs for rural or urban
2705 287.09451. 2734 minority business assistance, declare that it is the policy of
2706 Section 78. Section 287.09431, Florida Statutes, is amended 2735 each of them, on the basis of cooperation with one another, to
2707 to read: 2736 remedy social and economic disadvantage suffered by certain
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Bill No. SB 1264 Bill No. SB 1264
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2737 groups, resulting in their being historically underutilized in 2766 these purposes, in order to eliminate any undue expense, delay,
2738 ownership and control of commercial enterprises. Thus, the 2767 or confusion to the minority-owned businesses located in rural
2739 parties seek to address this history by increasing the 2768 or urban areas in seeking to participate in the rural or urban
2740 participation of the identified groups in opportunities afforded 2769 minority business assistance programs of state and local
2741 by government procurement. 2770 jurisdictions.
2742 (2) The parties find that the State of Florida presently 2771
2743 certifies firms for participation in the rural or urban minority 2772 ARTICLE II
2744 business assistance programs of the state. The parties find 2773
2745 further that some counties, municipalities, school boards, 2774 DEFINITIONS.—As used in this agreement and contracts made
2746 special districts, and other divisions of local government 2775 pursuant to it, unless the context clearly requires otherwise:
2747 require a separate, yet similar, and in most cases redundant 2776 (1) “Awarding organization” means any political subdivision
2748 certification in order for businesses to participate in the 2777 or organization authorized by law, ordinance, or agreement to
2749 programs sponsored by each government entity. 2778 enter into contracts and for which the governing body has
2750 (3) The parties find further that this redundant 2779 entered into this agreement.
2751 certification has proven to be unduly burdensome to the 2780 (2) “Department” means the Department of Management
2752 minority-owned firms located in rural or urban areas as defined 2781 Services.
2753 in s. 288.703 which are intended to benefit from the underlying 2782 (3) “Minority” means a person who is a lawful, permanent
2754 purchasing incentives. 2783 resident of the state, having origins in one of the minority
2755 (4) The parties agree that: 2784 groups as described and adopted by the Department of Management
2756 (a) They will facilitate integrity, stability, and 2785 Services, hereby incorporated by reference.
2757 cooperation in the statewide and interlocal certification 2786 (4) “Rural or urban minority business enterprise” means any
2758 process, and in other elements of programs established to assist 2787 small business concern as defined in subsection (5) (6) that
2759 minority-owned businesses located in rural or urban areas. 2788 meets all of the criteria described and adopted by the
2760 (b) They shall cooperate with agencies, organizations, and 2789 Department of Management Services, hereby incorporated by
2761 associations interested in certification and other elements of 2790 reference.
2762 rural or urban minority business assistance. 2791 (3)(5) “Participating state or local organization” means
2763 (c) It is the purpose of this agreement to provide for a 2792 any political subdivision of the state or organization
2764 uniform process whereby the status of a business concern may be 2793 designated by such that elects to participate in the
2765 determined in a singular review of the business information for 2794 certification process pursuant to this agreement, which has been
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Bill No. SB 1264 Bill No. SB 1264
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2795 approved according to s. 287.0943(3) and has legally entered 2824 enterprise pursuant to the terms of this agreement may shall not
2796 into this agreement. 2825 be suspended, revoked, or otherwise impaired except on any
2797 (5)(6) “Small business concern” means an independently 2826 grounds which would be sufficient for revocation or suspension
2798 owned and operated business concern which is of a size and type 2827 of a certification in the jurisdiction of the participating
2799 as described and adopted by vote related to this agreement of 2828 organization.
2800 the commission, hereby incorporated by reference. 2829 (6) The certification determination of a party may be
2801 2830 challenged by any other participating organization by the
2802 ARTICLE III 2831 issuance of a timely written notice by the challenging
2803 2832 organization to the certifying organization’s determination
2804 STATEWIDE AND INTERLOCAL CERTIFICATIONS.— 2833 within 10 days of receiving notice of the certification
2805 (1) All awarding organizations shall accept a certification 2834 decision, stating the grounds for such challenge therefor.
2806 granted by any participating organization which has been 2835 (7) The sole accepted grounds for challenge are shall be
2807 approved according to s. 287.0943(3) and has entered into this 2836 the failure of the certifying organization to adhere to the
2808 agreement, as valid status of rural or urban minority business 2837 adopted criteria or the certifying organization’s rules or
2809 enterprise. 2838 procedures, or the perpetuation of a misrepresentation or fraud
2810 (2) A participating organization shall certify a business 2839 by the firm.
2811 concern that meets the definition of a rural or urban minority 2840 (8) The certifying organization shall reexamine its
2812 business enterprise in this agreement, in accordance with the 2841 certification determination and submit written notice to the
2813 duly adopted eligibility criteria. 2842 applicant and the challenging organization of its findings
2814 (3) All participating organizations shall issue notice of 2843 within 30 days after the receipt of the notice of challenge.
2815 certification decisions granting or denying certification to all 2844 (9) If the certification determination is affirmed, the
2816 other participating organizations within 14 days of the 2845 challenging agency may subsequently submit timely written notice
2817 decision. Such notice may be made through electronic media. 2846 to the firm of its intent to revoke certification of the firm.
2818 (4) A No certification may not will be granted without an 2847
2819 onsite visit to verify ownership and control of the prospective 2848 ARTICLE IV
2820 rural or urban minority business enterprise, unless verification 2849
2821 can be accomplished by other methods of adequate verification or 2850 APPROVED AND ACCEPTED PROGRAMS.—Nothing in This agreement
2822 assessment of ownership and control. 2851 may not shall be construed to repeal or otherwise modify any
2823 (5) The certification of a rural or urban minority business 2852 ordinance, law, or regulation of a party relating to the
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Bill No. SB 1264 Bill No. SB 1264
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2853 existing rural or urban minority business assistance provisions 2882 governing body of each participating organization. Thereafter it
2854 and procedures by which rural or urban minority business 2883 becomes shall become effective as to any participating
2855 enterprises participate therein. 2884 organization upon the enactment of this agreement by the
2856 2885 governing body of that organization.
2857 ARTICLE V 2886 (2) Any party may withdraw from this agreement by enacting
2858 2887 legislation repealing the same, but no such withdrawal may not
2859 TERM.—The term of the agreement is shall be 5 years, after 2888 shall take effect until one year after the governing body of the
2860 which it may be reexecuted by the parties. 2889 withdrawing party has given notice in writing of the withdrawal
2861 2890 to the other parties.
2862 ARTICLE VI 2891 (3) A No withdrawal may not shall relieve the withdrawing
2863 2892 party of any obligations imposed upon it by law.
2864 AGREEMENT EVALUATION.—The designated state and local 2893
2865 officials may meet from time to time as a group to evaluate 2894 ARTICLE IX
2866 progress under the agreement, to formulate recommendations for 2895
2867 changes, or to propose a new agreement. 2896 FINANCIAL RESPONSIBILITY.—
2868 2897 (1) A participating organization is shall not be
2869 ARTICLE VII 2898 financially responsible or liable for the obligations of any
2870 2899 other participating organization related to this agreement.
2871 OTHER ARRANGEMENTS.—Nothing in This agreement may not shall 2900 (2) The provisions of This agreement does not shall
2872 be construed to prevent or inhibit other arrangements or 2901 constitute neither a waiver of any governmental immunity under
2873 practices of any party in order to comply with federal law. 2902 Florida law or nor a waiver of any defenses of the parties under
2874 2903 Florida law. The provisions of This agreement is are solely for
2875 ARTICLE VIII 2904 the benefit of its executors and is not intended to create or
2876 2905 grant any rights, contractual or otherwise, to any person or
2877 EFFECT AND WITHDRAWAL.— 2906 entity.
2878 (1) This agreement becomes shall become effective when 2907
2879 properly executed by a legal representative of the participating 2908 ARTICLE X
2880 organization, when enacted into the law of the state and after 2909
2881 an ordinance or other legislation is enacted into law by the 2910 VENUE AND GOVERNING LAW.—The obligations of the parties to
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Bill No. SB 1264 Bill No. SB 1264
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2911 this agreement are performable only within the county where the 2940 Program Policy Analysis and Government Accountability (OPPAGA)
2912 participating organization is located, and statewide for the 2941 shall develop and present to the Governor, the President of the
2913 Office of Supplier Development Diversity, and venue for any 2942 Senate, the Speaker of the House of Representatives, and the
2914 legal action in connection with this agreement is shall lie, for 2943 chairs of the legislative appropriations committees the Economic
2915 any participating organization except the Office of Supplier 2944 Development Programs Evaluation.
2916 Development, Diversity, exclusively in the county where the 2945 (2) The Office of Economic and Demographic Research and
2917 participating organization is located. This agreement is shall 2946 OPPAGA shall provide a detailed analysis of economic development
2918 be governed by and construed in accordance with the laws and 2947 programs as provided in the following schedule:
2919 court decisions of this the state. 2948 (b) By January 1, 2015, and every 3 years thereafter, an
2920 2949 analysis of:
2921 ARTICLE XI 2950 1. The entertainment industry sales tax exemption program
2922 2951 established under s. 288.1258.
2923 CONSTRUCTION AND SEVERABILITY.—This agreement must shall be 2952 2. VISIT Florida and its programs established or funded
2924 liberally construed so as to effectuate the purposes thereof. 2953 under ss. 288.122-288.12265 and 288.124.
2925 The provisions of This agreement is shall be severable and if 2954 3. The Florida Sports Foundation and related programs,
2926 any phrase, clause, sentence, or provision of this agreement is 2955 including those established under ss. 288.1162, 288.11621,
2927 declared to be contrary to the State Constitution or the United 2956 288.1166, and 288.1167.
2928 States Constitution, or the application thereof to any 2957 Section 80. Section 288.7031, Florida Statutes, is amended
2929 government, agency, person, or circumstance is held invalid, the 2958 to read:
2930 validity of the remainder of this agreement and the 2959 288.7031 Application of certain definitions.—The
2931 applicability thereof to any government, agency, person, or 2960 definitions of “small business,” and “certified rural or urban
2932 circumstance is shall not be affected thereby. If this agreement 2961 minority business enterprise,” and “certified minority business
2933 is shall be held contrary to the State Constitution, the 2962 enterprise” provided in s. 288.703 apply to the state and all
2934 agreement remains shall remain in full force and effect as to 2963 political subdivisions of the state.
2935 all severable matters. 2964 Section 81. Paragraph (f) of subsection (2), paragraph (c)
2936 Section 79. Paragraph (b) of subsection (2) of section 2965 of subsection (4), and subsections (7) and (8), and (9) of
2937 288.0001, Florida Statutes, is amended to read: 2966 section 288.975, Florida Statutes, are amended to read:
2938 288.0001 Economic Development Programs Evaluation.—The 2967 288.975 Military base reuse plans.—
2939 Office of Economic and Demographic Research and the Office of 2968 (2) As used in this section, the term:
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Bill No. SB 1264 Bill No. SB 1264
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2969 (f) “Regional policy plan” means a strategic regional 2998 issues of concern to the above listed entities pertaining to the
2970 policy plan that has been adopted by rule by a regional planning 2999 military base site and to identify opportunities for better
2971 council pursuant to s. 186.508. 3000 coordination of planning and review efforts with the information
2972 (4) 3001 and analyses generated by the federal environmental impact
2973 (c) Military base reuse plans shall identify projected 3002 statement process and the federal community base reuse planning
2974 impacts to significant regional resources and natural resources 3003 process.
2975 of regional significance as identified by applicable regional 3004 (9) If a host local government elects to use the optional
2976 planning councils in their regional policy plans and the actions 3005 provisions of this act, it must shall, no later than 12 months
2977 that shall be taken to mitigate such impacts. 3006 after notifying the agencies of its intent pursuant to
2978 (7) A military base reuse plan must shall be consistent 3007 subsection (3) either:
2979 with the comprehensive plan of the host local government and may 3008 (a) Send a copy of the proposed military base reuse plan
2980 shall not conflict with the comprehensive plan of any affected 3009 for review to any affected local governments; the Department of
2981 local governments. A military base reuse plan must shall be 3010 Environmental Protection; the department; the Department of
2982 consistent with the nonprocedural requirements of part II of 3011 Transportation; the Department of Health; the Department of
2983 chapter 163 and rules adopted thereunder, applicable regional 3012 Children and Families; the Department of Juvenile Justice; the
2984 policy plans, and the state comprehensive plan. 3013 Department of Agriculture and Consumer Services; the Department
2985 (8) At the request of a host local government, the 3014 of State; the Fish and Wildlife Conservation Commission; and any
2986 department shall coordinate a presubmission workshop concerning 3015 applicable water management districts and regional planning
2987 a military base reuse plan within the boundaries of the host 3016 councils, or
2988 jurisdiction. Agencies that must shall participate in the 3017 (b) Petition the department for an extension of the
2989 workshop shall include any affected local governments; the 3018 deadline for submitting a proposed reuse plan. Such an extension
2990 Department of Environmental Protection; the department; the 3019 request must be justified by changes or delays in the closure
2991 Department of Transportation; the Department of Health; the 3020 process by the federal Department of Defense or for reasons
2992 Department of Children and Families; the Department of Juvenile 3021 otherwise deemed to promote the orderly and beneficial planning
2993 Justice; the Department of Agriculture and Consumer Services; 3022 of the subject military base reuse. The department may grant
2994 the Department of State; the Fish and Wildlife Conservation 3023 extensions to the required submission date of the reuse plan.
2995 Commission; and any applicable water management districts and 3024 Section 82. Subsection (4) of section 290.004, Florida
2996 regional planning councils. The purposes of the workshop are 3025 Statutes, is amended to read:
2997 shall be to assist the host local government to understand 3026 290.004 Definitions relating to Florida Enterprise Zone
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Bill No. SB 1264 Bill No. SB 1264
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3027 Act.—As used in ss. 290.001-290.016: 3056 state land planning agency, regional planning councils,
3028 (4) “Certified rural or urban Minority business enterprise” 3057 metropolitan planning organizations, and other local
3029 has the same meaning as provided in s. 288.703. 3058 governmental entities.
3030 Section 83. Paragraph (b) of subsection (26) of section 3059 Section 85. Paragraph (b) of subsection (4) of section
3031 320.08058, Florida Statutes, is amended to read: 3060 339.155, Florida Statutes, is amended to read:
3032 320.08058 Specialty license plates.— 3061 339.155 Transportation planning.—
3033 (26) TAMPA BAY ESTUARY LICENSE PLATES.— 3062 (4) ADDITIONAL TRANSPORTATION PLANS.—
3034 (b) The annual use fees shall be distributed to the Tampa 3063 (b) Each regional planning council, as provided for in s.
3035 Bay Estuary Program created by s. 163.01. 3064 186.504, or any successor agency thereto, shall develop, as an
3036 1. A maximum of 5 percent of such fees may be used for 3065 element of its strategic regional policy plan, transportation
3037 marketing the plate. 3066 goals and policies. The transportation goals and policies must
3038 2. Twenty percent of the proceeds from the annual use fee, 3067 be prioritized to comply with the prevailing principles provided
3039 not to exceed $50,000, shall be provided to the Tampa Bay 3068 in subsection (1) and s. 334.046(1). The transportation goals
3040 Regional Planning Council for activities of the Agency on Bay 3069 and policies shall be consistent, to the maximum extent
3041 Management implementing the Council/Agency Action Plan for the 3070 feasible, with the goals and policies of the metropolitan
3042 restoration of the Tampa Bay estuary, as approved by the Tampa 3071 planning organization and the Florida Transportation Plan. The
3043 Bay Estuary Program Policy Board. 3072 transportation goals and policies of the regional planning
3044 2.3. The remaining proceeds must be used to implement the 3073 council will be advisory only and shall be submitted to the
3045 Comprehensive Conservation and Management Plan for Tampa Bay, 3074 department and any affected metropolitan planning organization
3046 pursuant to priorities approved by the Tampa Bay Estuary Program 3075 for their consideration and comments. Metropolitan planning
3047 Policy Board. 3076 organization plans and other local transportation plans shall be
3048 Section 84. Paragraph (b) of subsection (3) of section 3077 developed consistent, to the maximum extent feasible, with the
3049 335.188, Florida Statutes, is amended to read: 3078 regional transportation goals and policies.
3050 335.188 Access management standards; access control 3079 Section 86. Paragraph (g) of subsection (6) of section
3051 classification system; criteria.— 3080 339.175, Florida Statutes, is amended to read:
3052 (3) The control classification system shall be developed 3081 339.175 Metropolitan planning organization.—
3053 consistent with the following: 3082 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
3054 (b) The access control classification system shall be 3083 privileges, and authority of an M.P.O. are those specified in
3055 developed in cooperation with counties, municipalities, the 3084 this section or incorporated in an interlocal agreement
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Bill No. SB 1264 Bill No. SB 1264
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3085 authorized under s. 163.01. Each M.P.O. shall perform all acts 3114 regionally significant in accordance with s. 339.155(4)(b), (c),
3086 required by federal or state laws or rules, now and subsequently 3115 and (d) s. 339.155(4)(c), (d), and (e).
3087 applicable, which are necessary to qualify for federal aid. It 3116 Section 88. Subsections (3) and (4) of section 339.63,
3088 is the intent of this section that each M.P.O. be involved in 3117 Florida Statutes, are amended to read:
3089 the planning and programming of transportation facilities, 3118 339.63 System facilities designated; additions and
3090 including, but not limited to, airports, intercity and high- 3119 deletions.—
3091 speed rail lines, seaports, and intermodal facilities, to the 3120 (3) After the initial designation of the Strategic
3092 extent permitted by state or federal law. An M.P.O. may not 3121 Intermodal System under subsection (1), the department shall, in
3093 perform project production or delivery for capital improvement 3122 coordination with the metropolitan planning organizations, local
3094 projects on the State Highway System. 3123 governments, regional planning councils, transportation
3095 (g) Each M.P.O. shall have an executive or staff director 3124 providers, and affected public agencies, add facilities to or
3096 who reports directly to the M.P.O. governing board for all 3125 delete facilities from the Strategic Intermodal System described
3097 matters regarding the administration and operation of the M.P.O. 3126 in paragraphs (2)(b) and (c) based upon criteria adopted by the
3098 and any additional personnel as deemed necessary. The executive 3127 department.
3099 director and any additional personnel may be employed either by 3128 (4) After the initial designation of the Strategic
3100 an M.P.O. or by another governmental entity, such as a county, 3129 Intermodal System under subsection (1), the department shall, in
3101 or city, or regional planning council, that has a staff services 3130 coordination with the metropolitan planning organizations, local
3102 agreement signed and in effect with the M.P.O. Each M.P.O. may 3131 governments, regional planning councils, transportation
3103 enter into contracts with local or state agencies, private 3132 providers, and affected public agencies, add facilities to or
3104 planning firms, private engineering firms, or other public or 3133 delete facilities from the Strategic Intermodal System described
3105 private entities to accomplish its transportation planning and 3134 in paragraph (2)(a) based upon criteria adopted by the
3106 programming duties and administrative functions. 3135 department. However, an airport that is designated as a reliever
3107 Section 87. Subsection (6) of section 339.285, Florida 3136 airport to a Strategic Intermodal System airport which has at
3108 Statutes, is amended to read: 3137 least 75,000 itinerant operations per year, has a runway length
3109 339.285 Enhanced Bridge Program for Sustainable 3138 of at least 5,500 linear feet, is capable of handling aircraft
3110 Transportation.— 3139 weighing at least 60,000 pounds with a dual wheel configuration
3111 (6) Preference shall be given to bridge projects located on 3140 which is served by at least one precision instrument approach,
3112 corridors that connect to the Strategic Intermodal System, 3141 and serves a cluster of aviation-dependent industries, shall be
3113 created under s. 339.64, and that have been identified as 3142 designated as part of the Strategic Intermodal System by the
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Bill No. SB 1264 Bill No. SB 1264
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3143 Secretary of Transportation upon the request of a reliever 3172 privately owned resources, in the most cost-effective manner
3144 airport meeting this criteria. 3173 possible. The plan shall also incorporate plans adopted by local
3145 Section 89. Subsection (1) and paragraph (a) of subsection 3174 and regional planning agencies which are consistent, to the
3146 (3) of section 339.64, Florida Statutes, are amended to read: 3175 maximum extent feasible, with adopted strategic policy plans and
3147 339.64 Strategic Intermodal System Plan.— 3176 approved local government comprehensive plans for the region and
3148 (1) The department shall develop, in cooperation with 3177 units of local government covered by the plan and shall, insofar
3149 metropolitan planning organizations, regional planning councils, 3178 as practical, conform to federal planning requirements. The plan
3150 local governments, and other transportation providers, a 3179 shall be consistent with the goals of the Florida Transportation
3151 Strategic Intermodal System Plan. The plan shall be consistent 3180 Plan developed pursuant to s. 339.155.
3152 with the Florida Transportation Plan developed pursuant to s. 3181 Section 91. Paragraph (m) of subsection (3) of section
3153 339.155 and shall be updated at least once every 5 years, 3182 343.54, Florida Statutes, is amended to read:
3154 subsequent to updates of the Florida Transportation Plan. 3183 343.54 Powers and duties.—
3155 (3)(a) During the development of updates to the Strategic 3184 (3) The authority may exercise all powers necessary,
3156 Intermodal System Plan, the department shall provide 3185 appurtenant, convenient, or incidental to the carrying out of
3157 metropolitan planning organizations, regional planning councils, 3186 the aforesaid purposes, including, but not limited to, the
3158 local governments, transportation providers, affected public 3187 following rights and powers:
3159 agencies, and citizens with an opportunity to participate in and 3188 (m) To cooperate with other governmental entities and to
3160 comment on the development of the update. 3189 contract with other governmental agencies, including the
3161 Section 90. Subsection (1) of section 341.041, Florida 3190 Department of Transportation, the Federal Government, regional
3162 Statutes, is amended to read: 3191 planning councils, counties, and municipalities.
3163 341.041 Transit responsibilities of the department.—The 3192 Section 92. Paragraphs (c) and (d) of subsection (1) of
3164 department shall, within the resources provided pursuant to 3193 section 366.93, Florida Statutes, are amended to read:
3165 chapter 216: 3194 366.93 Cost recovery for the siting, design, licensing, and
3166 (1) Develop a statewide plan that provides for public 3195 construction of nuclear and integrated gasification combined
3167 transit and intercity bus service needs at least 5 years in 3196 cycle power plants.—
3168 advance. The plan shall be developed in a manner that will 3197 (1) As used in this section, the term:
3169 assure maximum use of existing facilities, and optimum 3198 (c) “Integrated gasification combined cycle power plant” or
3170 integration and coordination of the various modes of 3199 “plant” means an electrical power plant as defined in s. 403.503
3171 transportation, including both governmentally owned and 3200 s. 403.503(14) which uses synthesis gas produced by integrated
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Bill No. SB 1264 Bill No. SB 1264
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3201 gasification technology. 3230 (1) The department shall adopt, and may from time to time
3202 (d) “Nuclear power plant” or “plant” means an electrical 3231 amend, rules governing the location, construction, repair, and
3203 power plant as defined in s. 403.503 s. 403.503(14) which uses 3232 abandonment of water wells and shall be responsible for the
3204 nuclear materials for fuel. 3233 administration of this part. With respect thereto, the
3205 Section 93. Subsection (1) of section 369.303, Florida 3234 department shall:
3206 Statutes, is amended to read: 3235 (e) Encourage prevention of potable water well
3207 369.303 Definitions.—As used in this part: 3236 contamination and promote cost-effective remediation of
3208 (1) “Council” means the East Central Florida Regional 3237 contaminated potable water supplies by use of the Water Quality
3209 Planning Council. 3238 Assurance Trust Fund as provided in s. 376.307(1)(e) and
3210 Section 94. Subsection (3) of section 369.307, Florida 3239 establish by rule:
3211 Statutes, is amended to read: 3240 1. Delineation of areas of groundwater contamination for
3212 369.307 Developments of regional impact in the Wekiva River 3241 implementation of well location and construction, testing,
3213 Protection Area; land acquisition.— 3242 permitting, and clearance requirements as set forth in
3214 (3) The Wekiva River Protection Area is hereby declared to 3243 subparagraphs 2.-6. , 3., 4., 5., and 6. The department shall
3215 be a natural resource of state and regional importance. The St. 3244 make available to water management districts, regional planning
3216 Johns River Water Management District East Central Florida 3245 councils, the Department of Health, and county building and
3217 Regional Planning Council shall adopt policies that as part of 3246 zoning departments, maps or other information on areas of
3218 its strategic regional policy plan and regional issues list 3247 contamination, including areas of ethylene dibromide
3219 which will protect the water quantity, water quality, hydrology, 3248 contamination. Such maps or other information shall be made
3220 wetlands, aquatic and wetland-dependent wildlife species, 3249 available to property owners, realtors, real estate
3221 habitat of all species designated pursuant to rules 39-27.003, 3250 associations, property appraisers, and other interested persons
3222 39-27.004, and 39-27.005, Florida Administrative Code, and 3251 upon request and upon payment of appropriate costs.
3223 native vegetation in the Wekiva River Protection Area. The water 3252 2. Requirements for testing for suspected contamination in
3224 management district council shall also cooperate with the 3253 areas of known contamination, as a prerequisite for clearance of
3225 department in the department’s implementation of the provisions 3254 a water well for drinking purposes. The department is authorized
3226 of s. 369.305. 3255 to establish criteria for acceptance of water quality testing
3227 Section 95. Paragraph (e) of subsection (1) of section 3256 results from the Department of Health and laboratories certified
3228 373.309, Florida Statutes, is amended to read: 3257 by the Department of Health, and is authorized to establish
3229 373.309 Authority to adopt rules and procedures.— 3258 requirements for sample collection quality assurance.
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Bill No. SB 1264 Bill No. SB 1264
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3259 3. Requirements for mandatory connection to available 3288 clearance for use. The fees shall provide revenue to cover all
3260 potable water systems in areas of known contamination, wherein 3289 such costs and shall be set according to the following schedule:
3261 the department may prohibit the permitting and construction of 3290 a. The well construction permit fee may not exceed $500.
3262 new potable water wells. 3291 b. The clearance fee may not exceed $50.
3263 4. Location and construction standards for public and all 3292 8. Procedures for implementing well-location, construction,
3264 other potable water wells permitted in areas of contamination. 3293 testing, permitting, and clearance requirements as set forth in
3265 Such standards shall be designed to minimize the effects of such 3294 subparagraphs 2.-6. within areas that research or monitoring
3266 contamination. 3295 data indicate are vulnerable to contamination with nitrate, or
3267 5. A procedure for permitting all potable water wells in 3296 areas in which the department provides a subsidy for restoration
3268 areas of known contamination. Any new water well that is to be 3297 or replacement of contaminated drinking water supplies through
3269 used for drinking water purposes and that does not meet 3298 extending existing water lines or developing new water supply
3270 construction standards pursuant to subparagraph 4. must be 3299 systems pursuant to s. 376.307(1)(e). The department shall
3271 abandoned and plugged by the owner. Water management districts 3300 consult with the Florida Ground Water Association in the process
3272 shall implement, through delegation from the department, the 3301 of developing rules pursuant to this subparagraph.
3273 permitting and enforcement responsibilities of this 3302
3274 subparagraph. 3303 All fees and funds collected by each delegated entity pursuant
3275 6. A procedure for clearing for use all potable water 3304 to this part shall be deposited in the appropriate operating
3276 wells, except wells that serve a public water supply system, in 3305 account of that entity.
3277 areas of known contamination. If contaminants are found upon 3306 Section 96. Subsections (1) and (2) of section 373.415,
3278 testing pursuant to subparagraph 2., a well may not be cleared 3307 Florida Statutes, are amended to read:
3279 for use without a filter or other means of preventing the users 3308 373.415 Protection zones; duties of the St. Johns River
3280 of the well from being exposed to deleterious amounts of 3309 Water Management District.—
3281 contaminants. The Department of Health shall implement the 3310 (1) Not later than November 1, 1988, the St. Johns River
3282 responsibilities of this subparagraph. 3311 Water Management District shall adopt rules establishing
3283 7. Fees to be paid for well construction permits and 3312 protection zones adjacent to the watercourses in the Wekiva
3284 clearance for use. The fees shall be based on the actual costs 3313 River System, as designated in s. 369.303 s. 369.303(10). Such
3285 incurred by the water management districts, the Department of 3314 protection zones shall be sufficiently wide to prevent harm to
3286 Health, or other political subdivisions in carrying out the 3315 the Wekiva River System, including water quality, water
3287 responsibilities related to potable water well permitting and 3316 quantity, hydrology, wetlands, and aquatic and wetland-dependent
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Bill No. SB 1264 Bill No. SB 1264
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3317 wildlife species, caused by any of the activities regulated 3346 to the location of the protection zone or zones on his or her
3318 under this part. Factors on which the widths of the protection 3347 property. However, if a development proposal is amended as the
3319 zones shall be based shall include, but not be limited to: 3348 result of the review by the district, a permit may be issued
3320 (a) The biological significance of the wetlands and uplands 3349 before prior to the development proposal being returned, if
3321 adjacent to the designated watercourses in the Wekiva River 3350 necessary, to the local government for additional review.
3322 System, including the nesting, feeding, breeding, and resting 3351 Section 97. Paragraph (a) of subsection (2) of section
3323 needs of aquatic species and wetland-dependent wildlife species. 3352 376.3072, Florida Statutes, is amended to read:
3324 (b) The sensitivity of these species to disturbance, 3353 376.3072 Florida Petroleum Liability and Restoration
3325 including the short-term and long-term adaptability to 3354 Insurance Program.—
3326 disturbance of the more sensitive species, both migratory and 3355 (2)(a) An owner or operator of a petroleum storage system
3327 resident. 3356 may become an insured in the restoration insurance program at a
3328 (c) The susceptibility of these lands to erosion, including 3357 facility if:
3329 the slope, soils, runoff characteristics, and vegetative cover. 3358 1. A site at which an incident has occurred is eligible for
3330 3359 restoration if the insured is a participant in the third-party
3331 In addition, the rules may establish permitting thresholds, 3360 liability insurance program or otherwise meets applicable
3332 permitting exemptions, or general permits, if such thresholds, 3361 financial responsibility requirements. After July 1, 1993, the
3333 exemptions, or general permits do not allow significant adverse 3362 insured must also provide the required excess insurance coverage
3334 impacts to the Wekiva River System to occur individually or 3363 or self-insurance for restoration to achieve the financial
3335 cumulatively. 3364 responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
3336 (2) Notwithstanding the provisions of s. 120.60, the St. 3365 not covered by paragraph (d).
3337 Johns River Water Management District may shall not issue any 3366 2. A site which had a discharge reported before January 1,
3338 permit under this part within the Wekiva River Protection Area, 3367 1989, for which notice was given pursuant to s. 376.3071(10) and
3339 as defined in s. 369.303 s. 369.303(9), until the appropriate 3368 which is ineligible for the third-party liability insurance
3340 local government has provided written notification to the 3369 program solely due to that discharge is eligible for
3341 district that the proposed activity is consistent with the local 3370 participation in the restoration program for an incident
3342 comprehensive plan and is in compliance with any land 3371 occurring on or after January 1, 1989, pursuant to subsection
3343 development regulation in effect in the area where the 3372 (3). Restoration funding for an eligible contaminated site will
3344 development will take place. The district may, however, inform 3373 be provided without participation in the third-party liability
3345 any property owner who makes a request for such information as 3374 insurance program until the site is restored as required by the
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Bill No. SB 1264 Bill No. SB 1264
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3375 department or until the department determines that the site does 3404 However, the department may consider in-kind services from
3376 not require restoration. 3405 eligible counties and municipalities in lieu of the $30,000
3377 3. Notwithstanding paragraph (b), a site where an 3406 deductible. The cost of conducting initial remedial action as
3378 application is filed with the department before January 1, 1995, 3407 defined by department rules is an eligible restoration cost
3379 where the owner is a small business under s. 288.703 s. 3408 pursuant to this subparagraph.
3380 288.703(6), a Florida College System institution with less than 3409 4.a. By January 1, 1997, facilities at sites with existing
3381 2,500 FTE, a religious institution as defined by s. 3410 contamination must have methods of release detection to be
3382 212.08(7)(m), a charitable institution as defined by s. 3411 eligible for restoration insurance coverage for new discharges
3383 212.08(7)(p), or a county or municipality with a population of 3412 subject to department rules for secondary containment. Annual
3384 less than 50,000, is eligible for up to $400,000 of eligible 3413 storage system testing, in conjunction with inventory control,
3385 restoration costs, less a deductible of $10,000 for small 3414 shall be considered to be a method of release detection until
3386 businesses, eligible Florida College System institutions, and 3415 the later of December 22, 1998, or 10 years after the date of
3387 religious or charitable institutions, and $30,000 for eligible 3416 installation or the last upgrade. Other methods of release
3388 counties and municipalities, if: 3417 detection for storage tanks which meet such requirement are:
3389 a. Except as provided in sub-subparagraph e., the facility 3418 (I) Interstitial monitoring of tank and integral piping
3390 was in compliance with department rules at the time of the 3419 secondary containment systems;
3391 discharge. 3420 (II) Automatic tank gauging systems; or
3392 b. The owner or operator has, upon discovery of a 3421 (III) A statistical inventory reconciliation system with a
3393 discharge, promptly reported the discharge to the department, 3422 tank test every 3 years.
3394 and drained and removed the system from service, if necessary. 3423 b. For pressurized integral piping systems, the owner or
3395 c. The owner or operator has not intentionally caused or 3424 operator must use:
3396 concealed a discharge or disabled leak detection equipment. 3425 (I) An automatic in-line leak detector with flow
3397 d. The owner or operator proceeds to complete initial 3426 restriction meeting the requirements of department rules used in
3398 remedial action as specified in department rules. 3427 conjunction with an annual tightness or pressure test; or
3399 e. The owner or operator, if required and if it has not 3428 (II) An automatic in-line leak detector with electronic
3400 already done so, applies for third-party liability coverage for 3429 flow shut-off meeting the requirements of department rules.
3401 the facility within 30 days after receipt of an eligibility 3430 c. For suction integral piping systems, the owner or
3402 order issued by the department pursuant to this subparagraph. 3431 operator must use:
3403 3432 (I) A single check valve installed directly below the
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Bill No. SB 1264 Bill No. SB 1264
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3433 suction pump if there are no other valves between the dispenser 3462 rehabilitation completion order is issued or the increased site
3434 and the tank; or 3463 rehabilitation funding assistance limit is reached, whichever
3435 (II) An annual tightness test or other approved test. 3464 occurs first.
3436 d. Owners of facilities with existing contamination that 3465 Section 98. Paragraph (k) of subsection (2) of section
3437 install internal release detection systems pursuant to sub- 3466 377.703, Florida Statutes, is amended to read:
3438 subparagraph a. shall permanently close their external 3467 377.703 Additional functions of the Department of
3439 groundwater and vapor monitoring wells pursuant to department 3468 Agriculture and Consumer Services.—
3440 rules by December 31, 1998. Upon installation of the internal 3469 (2) DUTIES.—The department shall perform the following
3441 release detection system, such wells must be secured and taken 3470 functions, unless as otherwise provided, consistent with the
3442 out of service until permanent closure. 3471 development of a state energy policy:
3443 e. Facilities with vapor levels of contamination meeting 3472 (k) The department shall coordinate energy-related programs
3444 the requirements of or below the concentrations specified in the 3473 of state government, including, but not limited to, the programs
3445 performance standards for release detection methods specified in 3474 provided in this section. To this end, the department shall:
3446 department rules may continue to use vapor monitoring wells for 3475 1. Provide assistance to other state agencies, counties,
3447 release detection. 3476 and municipalities, and regional planning agencies to further
3448 f. The department may approve other methods of release 3477 and promote their energy planning activities.
3449 detection for storage tanks and integral piping which have at 3478 2. Require, in cooperation with the Department of
3450 least the same capability to detect a new release as the methods 3479 Management Services, all state agencies to operate state-owned
3451 specified in this subparagraph. 3480 and state-leased buildings in accordance with energy
3452 3481 conservation standards as adopted by the Department of
3453 Sites meeting the criteria of this subsection for which a site 3482 Management Services. Every 3 months, the Department of
3454 rehabilitation completion order was issued before June 1, 2008, 3483 Management Services shall furnish the department data on
3455 do not qualify for the 2008 increase in site rehabilitation 3484 agencies’ energy consumption and emissions of greenhouse gases
3456 funding assistance and are bound by the pre-June 1, 2008, 3485 in a format prescribed by the department.
3457 limits. Sites meeting the criteria of this subsection for which 3486 3. Promote the development and use of renewable energy
3458 a site rehabilitation completion order was not issued before 3487 resources, energy efficiency technologies, and conservation
3459 June 1, 2008, regardless of whether they have previously 3488 measures.
3460 transitioned to nonstate-funded cleanup status, may continue 3489 4. Promote the recovery of energy from wastes, including,
3461 state-funded cleanup pursuant to s. 376.3071(6) until a site 3490 but not limited to, the use of waste heat, the use of
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Bill No. SB 1264 Bill No. SB 1264
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3491 agricultural products as a source of energy, and recycling of 3520 planning office of each of the local governments within the area
3492 manufactured products. Such promotion shall be conducted in 3521 under study; the state land planning agency; any other state
3493 conjunction with, and after consultation with, the Department of 3522 agency under chapter 20 a representative of which the Governor
3494 Environmental Protection and the Florida Public Service 3523 feels is relevant to the compilation of the committee; and a
3495 Commission where electrical generation or natural gas is 3524 water management district, if appropriate, and regional planning
3496 involved, and any other relevant federal, state, or local 3525 council all or part of whose jurisdiction lies within the area
3497 governmental agency having responsibility for resource recovery 3526 under study. After the appointment of the members, the Governor
3498 programs. 3527 shall select a chair and vice chair. A staff member of the state
3499 Section 99. Subsection (3) of section 378.411, Florida 3528 land planning agency shall be appointed by the secretary of such
3500 Statutes, is amended to read: 3529 agency to serve as the secretary of the committee. The state
3501 378.411 Certification to receive notices of intent to mine, 3530 land planning agency shall, to the greatest extent possible,
3502 to review, and to inspect for compliance.— 3531 provide technical assistance and administrative support to the
3503 (3) In making his or her determination, the secretary shall 3532 committee. Meetings will be called as needed by the chair or on
3504 consult with the Department of Commerce, the appropriate 3533 the demand of three or more members of the committee. The
3505 regional planning council, and the appropriate water management 3534 committee will act on a simple majority of a quorum present and
3506 district. 3535 shall make a report within 6 months to the head of the state
3507 Section 100. Subsection (15) of section 380.031, Florida 3536 land planning agency. The committee must, from the time of
3508 Statutes, is amended to read: 3537 appointment, remain in existence for no less than 6 months.
3509 380.031 Definitions.—As used in this chapter: 3538 Section 102. Subsections (3), (4), (7), (8), and (12) of
3510 (15) “Regional planning agency” means the agency designated 3539 section 380.05, Florida Statutes, are amended to read:
3511 by the state land planning agency to exercise responsibilities 3540 380.05 Areas of critical state concern.—
3512 under this chapter in a particular region of the state. 3541 (3) Each local government regional planning agency may
3513 Section 101. Subsection (2) of section 380.045, Florida 3542 recommend to the state land planning agency from time to time
3514 Statutes, is amended to read: 3543 areas wholly or partially within its jurisdiction that meet the
3515 380.045 Resource planning and management committees; 3544 criteria for areas of critical state concern as defined in this
3516 objectives; procedures.— 3545 section. Each regional planning agency shall solicit from the
3517 (2) The committee must include, but is not limited to, 3546 local governments within its jurisdiction suggestions as to
3518 representation from each of the following: elected officials 3547 areas to be recommended. A local government in an area where
3519 from the local governments within the area under study; the 3548 there is no regional planning agency may recommend to the state
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Bill No. SB 1264 Bill No. SB 1264
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3549 land planning agency from time to time areas wholly or partially 3578 effective date of an order rejecting a proposed land development
3550 within its jurisdiction that meet the criteria for areas of 3579 regulation, the state land planning agency must shall submit to
3551 critical state concern as defined in this section. If the state 3580 the commission recommended land development regulations and a
3552 land planning agency does not recommend to the commission as an 3581 local comprehensive plan or portions thereof applicable to that
3553 area of critical state concern an area substantially similar to 3582 local government’s portion of the area of critical state
3554 one that has been recommended, it must shall respond in writing 3583 concern. Within 45 days following receipt of the recommendation
3555 as to its reasons therefor. 3584 from the agency, the commission shall either reject the
3556 (4) Before Prior to submitting any recommendation to the 3585 recommendation as tendered or adopt the recommendation with or
3557 commission under subsection (1), the state land planning agency 3586 without modification, and by rule establish land development
3558 shall give notice to any committee appointed pursuant to s. 3587 regulations and a local comprehensive plan applicable to that
3559 380.045 and to all local governments and regional planning 3588 local government’s portion of the area of critical state
3560 agencies that include within their boundaries any part of any 3589 concern. However, such rule may shall not become effective
3561 area of critical state concern proposed to be designated by the 3590 before prior to legislative review of an area of critical state
3562 rule, in addition to any notice otherwise required under chapter 3591 concern pursuant to paragraph (1)(c). In the rule, the
3563 120. 3592 commission shall specify the extent to which its land
3564 (7) The state land planning agency and any applicable 3593 development regulations, plans, or plan amendments will
3565 regional planning agency shall, to the greatest extent possible, 3594 supersede, or will be supplementary to, local land development
3566 provide technical assistance to local governments in the 3595 regulations and plans. Notice of any proposed rule issued under
3567 preparation of the land development regulations and local 3596 this section shall be given to all local governments and
3568 comprehensive plan for areas of critical state concern. 3597 regional planning agencies in the area of critical state
3569 (8) If any local government fails to submit land 3598 concern, in addition to any other notice required under chapter
3570 development regulations or a local comprehensive plan, or if the 3599 120. The land development regulations and local comprehensive
3571 regulations or plan or plan amendment submitted do not comply 3600 plan adopted by the commission under this section may include
3572 with the principles for guiding development set out in the rule 3601 any type of regulation and plan that could have been adopted by
3573 designating the area of critical state concern, within 120 days 3602 the local government. Any land development regulations or local
3574 after the adoption of the rule designating an area of critical 3603 comprehensive plan or plan amendments adopted by the commission
3575 state concern, or within 120 days after the issuance of a 3604 under this section shall be administered by the local government
3576 recommended order on the compliance of the plan or plan 3605 as part of, or in the absence of, the local land development
3577 amendment pursuant to s. 163.3184, or within 120 days after the 3606 regulations and local comprehensive plan.
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Bill No. SB 1264 Bill No. SB 1264
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3607 (12) Upon the request of a substantially interested person 3636 Florida,” numbered BC-91,001 and dated November 1971, which is
3608 pursuant to s. 120.54(7), a local government or regional 3637 on file and available for public inspection in the office of the
3609 planning agency within the designated area, or the state land 3638 National Park Service, Department of the Interior, Washington,
3610 planning agency, the commission may by rule remove, contract, or 3639 D.C., and in the office of the Board of Trustees of the Internal
3611 expand any designated boundary. Boundary expansions are subject 3640 Improvement Trust Fund, which is the area proposed as the
3612 to legislative review pursuant to paragraph (1)(c). No boundary 3641 Federal Big Cypress National Freshwater Reserve, Florida, and
3613 may be modified without a specific finding by the commission 3642 that area described as follows: Sections 1, 2, 11, 12 and 13 in
3614 that such changes are consistent with necessary resource 3643 Township 49 South, Range 31 East; and Township 49 South, Range
3615 protection. The total boundaries of an entire area of critical 3644 32 East, less Sections 19, 30 and 31; and Township 49 South,
3616 state concern may shall not be removed by the commission unless 3645 Range 33 East; and Township 49 South, Range 34 East; and
3617 a minimum time of 1 year has elapsed from the adoption of 3646 Sections 1 through 5 and 10 through 14 in Township 50 South,
3618 regulations and a local comprehensive plan pursuant to 3647 Range 32 East; and Sections 1 through 18 and 20 through 25 in
3619 subsection (1), subsection (6), subsection (8), or subsection 3648 Township 50 South, Range 33 East; and Township 50 South, Range
3620 (10). Before totally removing such boundaries, the commission 3649 34 East, less Section 31; and Sections 1 and 2 in Township 51
3621 shall make findings that the regulations and plans adopted 3650 South, Range 34 East; All in Collier County, Florida, which
3622 pursuant to subsection (1), subsection (6), subsection (8), or 3651 described area shall be known as the “Big Cypress National
3623 subsection (10) are being effectively implemented by local 3652 Preserve Addition, Florida,” together with such contiguous land
3624 governments within the area of critical state concern to protect 3653 and water areas as are ecologically linked with the Everglades
3625 the area and that adopted local government comprehensive plans 3654 National Park, certain of the estuarine fisheries of South
3626 within the area have been conformed to principles for guiding 3655 Florida, or the freshwater aquifer of South Florida, the
3627 development for the area. 3656 definitive boundaries of which shall be set in the following
3628 Section 103. Subsection (3) of section 380.055, Florida 3657 manner: Within 120 days following the effective date of this
3629 Statutes, is amended to read: 3658 act, the state land planning agency shall recommend definitive
3630 380.055 Big Cypress Area.— 3659 boundaries for the Big Cypress Area to the Administration
3631 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big 3660 Commission, after giving notice to all local governments and
3632 Cypress Area,” as defined in this subsection, is hereby 3661 regional planning agencies which include within their boundaries
3633 designated as an area of critical state concern. “Big Cypress 3662 any part of the area proposed to be included in the Big Cypress
3634 Area” means the area generally depicted on the map entitled 3663 Area and holding such hearings as the state land planning agency
3635 “Boundary Map, Big Cypress National Freshwater Reserve, 3664 deems appropriate. Within 45 days following receipt of the
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Bill No. SB 1264 Bill No. SB 1264
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3665 recommended boundaries, the Administration Commission shall 3694 380.061 The Florida Quality Developments program.—
3666 adopt, modify, or reject the recommendation and shall by rule 3695 (2) Following written notification to the state land
3667 establish the boundaries of the area defined as the Big Cypress 3696 planning agency and the appropriate regional planning agency, a
3668 Area. 3697 local government with an approved Florida Quality Development
3669 Section 104. Subsection (6) and paragraph (b) of subsection 3698 within its jurisdiction must set a public hearing pursuant to
3670 (12) of section 380.06, Florida Statutes, are amended to read: 3699 its local procedures and shall adopt a local development order
3671 380.06 Developments of regional impact.— 3700 to replace and supersede the development order adopted by the
3672 (6) REPORTS.—Notwithstanding any condition in a development 3701 state land planning agency for the Florida Quality Development.
3673 order for an approved development of regional impact, the 3702 Thereafter, the Florida Quality Development shall follow the
3674 developer is not required to submit an annual or a biennial 3703 procedures and requirements for developments of regional impact
3675 report on the development of regional impact to the local 3704 as specified in this chapter.
3676 government, the regional planning agency, the state land 3705 Section 106. Subsection (2) of section 380.07, Florida
3677 planning agency, and all affected permit agencies unless 3706 Statutes, is amended to read:
3678 required to do so by the local government that has jurisdiction 3707 380.07 Florida Land and Water Adjudicatory Commission.—
3679 over the development. The penalty for failure to file such a 3708 (2) Whenever any local government issues any development
3680 required report is as prescribed by the local government. 3709 order in any area of critical state concern, or in regard to the
3681 (12) PROPOSED DEVELOPMENTS.— 3710 abandonment of any approved development of regional impact,
3682 (b) This subsection does not apply to: 3711 copies of such orders as prescribed by rule by the state land
3683 1. Amendments to a development order governing an existing 3712 planning agency shall be transmitted to the state land planning
3684 development of regional impact. 3713 agency, the regional planning agency, and the owner or developer
3685 2. An application for development approval filed with a 3714 of the property affected by such order. The state land planning
3686 concurrent plan amendment application pending as of May 14, 3715 agency shall adopt rules describing development order rendition
3687 2015, if the applicant elects to have the application reviewed 3716 and effectiveness in designated areas of critical state concern.
3688 pursuant to this section as it existed on that date. The 3717 Within 45 days after the order is rendered, the owner, the
3689 election shall be in writing and filed with the affected local 3718 developer, or the state land planning agency may appeal the
3690 government, regional planning council, and the state land 3719 order to the Florida Land and Water Adjudicatory Commission by
3691 planning agency before December 31, 2018. 3720 filing a petition alleging that the development order is not
3692 Section 105. Subsection (2) of section 380.061, Florida 3721 consistent with this part.
3693 Statutes, is amended to read: 3722 Section 107. Paragraph (c) of subsection (3) of section
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3723 380.23, Florida Statutes, is amended to read: 3752 6. Permits and licenses required for the siting and
3724 380.23 Federal consistency.— 3753 construction of any new electrical power plants as defined in s.
3725 (3) Consistency review shall be limited to review of the 3754 403.503 s. 403.503(14), as amended, and the licensing and
3726 following activities, uses, and projects to ensure that such 3755 relicensing of hydroelectric power plants under the Federal
3727 activities, uses, and projects are conducted in accordance with 3756 Power Act, 16 U.S.C. ss. 791a et seq., as amended.
3728 the state’s coastal management program: 3757 7. Permits and licenses required under the Mining Law of
3729 (c) Federally licensed or permitted activities affecting 3758 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3730 land or water uses when such activities are in or seaward of the 3759 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3731 jurisdiction of local governments required to develop a coastal 3760 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3732 zone protection element as provided in s. 380.24 and when such 3761 amended; the Federal Land Policy and Management Act, 43 U.S.C.
3733 activities involve: 3762 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3734 1. Permits and licenses required under the Rivers and 3763 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3735 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended. 3764 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3736 2. Permits and licenses required under the Marine 3765 pipelines, geological and geophysical activities, or rights-of-
3737 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss. 3766 way on public lands and permits and licenses required under the
3738 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended. 3767 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3739 3. Permits and licenses required under the Federal Water 3768 amended.
3740 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as 3769 8. Permits and licenses for areas leased under the OCS
3741 amended, unless such permitting activities have been delegated 3770 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3742 to the state pursuant to said act. 3771 leases and approvals of exploration, development, and production
3743 4. Permits and licenses relating to the transportation of 3772 plans.
3744 hazardous substance materials or transportation and dumping 3773 9. Permits and licenses required under the Deepwater Port
3745 which are issued pursuant to the Hazardous Materials 3774 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3746 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or 3775 10. Permits required for the taking of marine mammals under
3747 33 U.S.C. s. 1321, as amended. 3776 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
3748 5. Permits and licenses required under 15 U.S.C. ss. 717- 3777 s. 1374.
3749 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 3778 Section 108. Subsection (3) of section 380.507, Florida
3750 1331-1356 for construction and operation of interstate gas 3779 Statutes, is amended to read:
3751 pipelines and storage facilities. 3780 380.507 Powers of the trust.—The trust shall have all the
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3781 powers necessary or convenient to carry out the purposes and 3810 subparagraphs (a)2.-4., the department shall issue a license to
3782 provisions of this part, including: 3811 an applicant if the applicant meets the requirements of this
3783 (3) To provide technical and financial assistance to local 3812 section and pays the initial application fee. The department
3784 governments, state agencies, water management districts, 3813 shall renew the licensure of a medical marijuana treatment
3785 regional planning councils, and nonprofit agencies to carry out 3814 center biennially if the licensee meets the requirements of this
3786 projects and activities and develop programs to achieve the 3815 section and pays the biennial renewal fee. However, the
3787 purposes of this part. 3816 department may not renew the license of a medical marijuana
3788 Section 109. Paragraph (b) of subsection (8) of section 3817 treatment center that has not begun to cultivate, process, and
3789 381.986, Florida Statutes, is amended to read: 3818 dispense marijuana by the date that the medical marijuana
3790 381.986 Medical use of marijuana.— 3819 treatment center is required to renew its license. An individual
3791 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 3820 may not be an applicant, owner, officer, board member, or
3792 (b) An applicant for licensure as a medical marijuana 3821 manager on more than one application for licensure as a medical
3793 treatment center shall apply to the department on a form 3822 marijuana treatment center. An individual or entity may not be
3794 prescribed by the department and adopted in rule. The department 3823 awarded more than one license as a medical marijuana treatment
3795 shall adopt rules pursuant to ss. 120.536(1) and 120.54 3824 center. An applicant for licensure as a medical marijuana
3796 establishing a procedure for the issuance and biennial renewal 3825 treatment center must demonstrate:
3797 of licenses, including initial application and biennial renewal 3826 1. That, for the 5 consecutive years before submitting the
3798 fees sufficient to cover the costs of implementing and 3827 application, the applicant has been registered to do business in
3799 administering this section, and establishing supplemental 3828 the state.
3800 licensure fees for payment beginning May 1, 2018, sufficient to 3829 2. Possession of a valid certificate of registration issued
3801 cover the costs of administering ss. 381.989 and 1004.4351. The 3830 by the Department of Agriculture and Consumer Services pursuant
3802 department shall identify applicants with strong diversity plans 3831 to s. 581.131.
3803 reflecting this state’s commitment to diversity and implement 3832 3. The technical and technological ability to cultivate and
3804 training programs and other educational programs to enable 3833 produce marijuana, including, but not limited to, low-THC
3805 minority persons and certified rural or urban business 3834 cannabis.
3806 enterprises minority business enterprises, as defined in s. 3835 4. The ability to secure the premises, resources, and
3807 288.703, and veteran business enterprises, as defined in s. 3836 personnel necessary to operate as a medical marijuana treatment
3808 295.187, to compete for medical marijuana treatment center 3837 center.
3809 licensure and contracts. Subject to the requirements in 3838 5. The ability to maintain accountability of all raw
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Bill No. SB 1264 Bill No. SB 1264
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3839 materials, finished products, and any byproducts to prevent 3868 9. The employment of a medical director to supervise the
3840 diversion or unlawful access to or possession of these 3869 activities of the medical marijuana treatment center.
3841 substances. 3870 10. A diversity plan that promotes and ensures the
3842 6. An infrastructure reasonably located to dispense 3871 involvement of minority persons and certified rural or urban
3843 marijuana to registered qualified patients statewide or 3872 minority business enterprises, as defined in s. 288.703, or
3844 regionally as determined by the department. 3873 veteran business enterprises, as defined in s. 295.187, in
3845 7. The financial ability to maintain operations for the 3874 ownership, management, and employment. An applicant for
3846 duration of the 2-year approval cycle, including the provision 3875 licensure renewal must show the effectiveness of the diversity
3847 of certified financial statements to the department. 3876 plan by including the following with his or her application for
3848 a. Upon approval, the applicant must post a $5 million 3877 renewal:
3849 performance bond issued by an authorized surety insurance 3878 a. Representation of minority persons and veterans in the
3850 company rated in one of the three highest rating categories by a 3879 medical marijuana treatment center’s workforce;
3851 nationally recognized rating service. However, a medical 3880 b. Efforts to recruit minority persons and veterans for
3852 marijuana treatment center serving at least 1,000 qualified 3881 employment; and
3853 patients is only required to maintain a $2 million performance 3882 c. A record of contracts for services with rural or urban
3854 bond. 3883 minority business enterprises and veteran business enterprises.
3855 b. In lieu of the performance bond required under sub- 3884 Section 110. Subsection (4) of section 403.031, Florida
3856 subparagraph a., the applicant may provide an irrevocable letter 3885 Statutes, is amended to read:
3857 of credit payable to the department or provide cash to the 3886 403.031 Definitions.—In construing this chapter, or rules
3858 department. If provided with cash under this sub-subparagraph, 3887 and regulations adopted pursuant hereto, the following words,
3859 the department shall deposit the cash in the Grants and 3888 phrases, or terms, unless the context otherwise indicates, have
3860 Donations Trust Fund within the Department of Health, subject to 3889 the following meanings:
3861 the same conditions as the bond regarding requirements for the 3890 (4) “Electrical power plant” means, for purposes of this
3862 applicant to forfeit ownership of the funds. If the funds 3891 part of this chapter, any electrical generating facility that
3863 deposited under this sub-subparagraph generate interest, the 3892 uses any process or fuel and that is owned or operated by an
3864 amount of that interest shall be used by the department for the 3893 electric utility, as defined in s. 403.503 s. 403.503(14), and
3865 administration of this section. 3894 includes any associated facility that directly supports the
3866 8. That all owners, officers, board members, and managers 3895 operation of the electrical power plant.
3867 have passed a background screening pursuant to subsection (9). 3896 Section 111. Subsection (6) of section 403.0752, Florida
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Bill No. SB 1264 Bill No. SB 1264
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3897 Statutes, is amended to read: 3926 meeting in addition to the hearings specifically authorized by
3898 403.0752 Ecosystem management agreements.— 3927 this act on any matter associated with the electrical power
3899 (6) The secretary of the department may form ecosystem 3928 plant proceeding. Such informational public meetings shall be
3900 management advisory teams for consultation and participation in 3929 held by the local government or by the regional planning council
3901 the preparation of an ecosystem management agreement. The 3930 if the local government does not hold such meeting within 70
3902 secretary shall request the participation of at least the state 3931 days after the filing of the application. The purpose of an
3903 and regional and local government entities having regulatory 3932 informational public meeting is for the local government or
3904 authority over the activities to be subject to the ecosystem 3933 regional planning council to further inform the public about the
3905 management agreement. Such teams may also include 3934 proposed electrical power plant or associated facilities, obtain
3906 representatives of other participating or advisory government 3935 comments from the public, and formulate its recommendation with
3907 agencies, which may include regional planning councils, private 3936 respect to the proposed electrical power plant.
3908 landowners, public landowners and managers, public and private 3937 Section 114. Paragraph (a) of subsection (2) of section
3909 utilities, corporations, and environmental interests. Team 3938 403.507, Florida Statutes, is amended to read:
3910 members shall be selected in a manner that ensures adequate 3939 403.507 Preliminary statements of issues, reports, project
3911 representation of the diverse interests and perspectives within 3940 analyses, and studies.—
3912 the designated ecosystem. Participation by any department of 3941 (2)(a) No later than 100 days after the certification
3913 state government is at the discretion of that agency. 3942 application has been determined complete, the following agencies
3914 Section 112. Subsection (27) of section 403.503, Florida 3943 shall prepare reports as provided below and shall submit them to
3915 Statutes, is amended to read: 3944 the department and the applicant, unless a final order denying
3916 403.503 Definitions relating to Florida Electrical Power 3945 the determination of need has been issued under s. 403.519:
3917 Plant Siting Act.—As used in this act: 3946 1. The Department of Commerce shall prepare a report
3918 (27) “Regional planning council” means a regional planning 3947 containing recommendations which address the impact upon the
3919 council as defined in s. 186.503(4) in the jurisdiction of which 3948 public of the proposed electrical power plant, based on the
3920 the electrical power plant is proposed to be located. 3949 degree to which the electrical power plant is consistent with
3921 Section 113. Subsection (1) of section 403.50663, Florida 3950 the applicable portions of the state comprehensive plan,
3922 Statutes, is amended to read: 3951 emergency management, and other such matters within its
3923 403.50663 Informational public meetings.— 3952 jurisdiction. The Department of Commerce may also comment on the
3924 (1) A local government within whose jurisdiction the power 3953 consistency of the proposed electrical power plant with
3925 plant is proposed to be sited may hold one informational public 3954 applicable strategic regional policy plans or local
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Bill No. SB 1264 Bill No. SB 1264
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3955 comprehensive plans and land development regulations. 3984 (c) If the board, or secretary if applicable, finds that
3956 2. The water management district shall prepare a report as 3985 two or more of the corridors that comply with subsection (3)
3957 to matters within its jurisdiction, including but not limited 3986 have the least adverse impacts regarding the criteria in
3958 to, the impact of the proposed electrical power plant on water 3987 subsection (3), including costs, and that the corridors are
3959 resources, regional water supply planning, and district-owned 3988 substantially equal in adverse impacts regarding the criteria in
3960 lands and works. 3989 subsection (3), including costs, the board, or secretary if
3961 3. Each local government in whose jurisdiction the proposed 3990 applicable, shall certify the corridor preferred by the
3962 electrical power plant is to be located shall prepare a report 3991 applicant if the corridor is one proper for certification under
3963 as to the consistency of the proposed electrical power plant 3992 s. 403.503 s. 403.503(11).
3964 with all applicable local ordinances, regulations, standards, or 3993 Section 116. Paragraph (a) of subsection (6) and paragraph
3965 criteria that apply to the proposed electrical power plant, 3994 (a) of subsection (7) of section 403.5115, Florida Statutes, are
3966 including any applicable local environmental regulations adopted 3995 amended to read:
3967 pursuant to s. 403.182 or by other means. 3996 403.5115 Public notice.—
3968 4. The Fish and Wildlife Conservation Commission shall 3997 (6)(a) A good faith effort shall be made by the applicant
3969 prepare a report as to matters within its jurisdiction. 3998 to provide direct written notice of the filing of an application
3970 5. The Department of Transportation shall address the 3999 for certification by United States mail or hand delivery no
3971 impact of the proposed electrical power plant on matters within 4000 later than 45 days after filing of the application to all local
3972 its jurisdiction. 4001 landowners whose property, as noted in the most recent local
3973 Section 115. Paragraphs (a) and (c) of subsection (4) of 4002 government tax records, and residences are located within the
3974 section 403.509, Florida Statutes, are amended to read: 4003 following distances of the proposed project:
3975 403.509 Final disposition of application.— 4004 1. Three miles of the proposed main site boundaries of the
3976 (4)(a) Any transmission line corridor certified by the 4005 proposed electrical power plant.
3977 board, or secretary if applicable, shall meet the criteria of 4006 2. One-quarter mile for a transmission line corridor that
3978 this section. When more than one transmission line corridor is 4007 only includes a transmission line as defined by s. 403.522 s.
3979 proper for certification under s. 403.503 s. 403.503(11) and 4008 403.522(22).
3980 meets the criteria of this section, the board, or secretary if 4009 3. One-quarter mile for all other linear associated
3981 applicable, shall certify the transmission line corridor that 4010 facilities extending away from the main site boundary except for
3982 has the least adverse impact regarding the criteria in 4011 a transmission line corridor that includes a transmission line
3983 subsection (3), including costs. 4012 that operates below those defined by s. 403.522 s. 403.522(22).
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Bill No. SB 1264 Bill No. SB 1264
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4013 (7)(a) A good faith effort shall be made by the proponent 4042 403.518 Fees; disposition.—The department shall charge the
4014 of an alternate corridor that includes a transmission line, as 4043 applicant the following fees, as appropriate, which, unless
4015 defined by s. 403.522 s. 403.522(22), to provide direct written 4044 otherwise specified, shall be paid into the Florida Permit Fee
4016 notice of the filing of an alternate corridor for certification 4045 Trust Fund:
4017 by United States mail or hand delivery of the filing no later 4046 (2) An application fee, which may shall not exceed
4018 than 30 days after filing of the alternate corridor to all local 4047 $200,000. The fee shall be fixed by rule on a sliding scale
4019 landowners whose property, as noted in the most recent local 4048 related to the size, type, ultimate site capacity, or increase
4020 government tax records, and residences, are located within one- 4049 in electrical generating capacity proposed by the application.
4021 quarter mile of the proposed boundaries of a transmission line 4050 (c)1. Upon written request with proper itemized accounting
4022 corridor that includes a transmission line as defined by s. 4051 within 90 days after final agency action by the board or
4023 403.522 s. 403.522(22). 4052 department or withdrawal of the application, the agencies that
4024 Section 117. Subsection (1) of section 403.5175, Florida 4053 prepared reports pursuant to s. 403.507 or participated in a
4025 Statutes, is amended to read: 4054 hearing pursuant to s. 403.508 may submit a written request to
4026 403.5175 Existing electrical power plant site 4055 the department for reimbursement of expenses incurred during the
4027 certification.— 4056 certification proceedings. The request must shall contain an
4028 (1) An electric utility that owns or operates an existing 4057 accounting of expenses incurred which may include time spent
4029 electrical power plant as defined in s. 403.503 s. 403.503(14) 4058 reviewing the application, preparation of any studies required
4030 may apply for certification of an existing power plant and its 4059 of the agencies by this act, agency travel and per diem to
4031 site in order to obtain all agency licenses necessary to ensure 4060 attend any hearing held pursuant to this act, and for any local
4032 compliance with federal or state environmental laws and 4061 government’s or regional planning council’s provision of notice
4033 regulation using the centrally coordinated, one-stop licensing 4062 of public meetings required as a result of the application for
4034 process established by this part. An application for 4063 certification. The department shall review the request and
4035 certification under this section must be in the form prescribed 4064 verify that the expenses are valid. Valid expenses must shall be
4036 by department rule. Applications must be reviewed and processed 4065 reimbursed; however, in the event the amount of funds available
4037 using the same procedural steps and notices as for an 4066 for reimbursement is insufficient to provide for full
4038 application for a new facility, except that a determination of 4067 compensation to the agencies requesting reimbursement,
4039 need by the Public Service Commission is not required. 4068 reimbursement is shall be on a prorated basis.
4040 Section 118. Paragraph (c) of subsection (2) of section 4069 2. If the application review is held in abeyance for more
4041 403.518, Florida Statutes, is amended to read: 4070 than 1 year, the agencies may submit a request for
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Bill No. SB 1264 Bill No. SB 1264
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4071 reimbursement. This time period is shall be measured from the 4100 receiving the application for certification and the application
4072 date the applicant has provided written notification to the 4101 fees.
4073 department that it desires to have the application review 4102 Section 121. Paragraph (a) of subsection (2) of section
4074 process placed on hold. The fee disbursement shall be processed 4103 403.526, Florida Statutes, is amended to read:
4075 in accordance with subparagraph 1. 4104 403.526 Preliminary statements of issues, reports, and
4076 Section 119. Subsection (21) of section 403.522, Florida 4105 project analyses; studies.—
4077 Statutes, is amended to read: 4106 (2)(a) No later than 90 days after the filing of the
4078 403.522 Definitions relating to the Florida Electric 4107 application, the following agencies shall prepare reports as
4079 Transmission Line Siting Act.—As used in this act: 4108 provided below, unless a final order denying the determination
4080 (21) “Regional planning council” means a regional planning 4109 of need has been issued under s. 403.537:
4081 council as defined in s. 186.503(4) in the jurisdiction of which 4110 1. The department shall prepare a report as to the impact
4082 the project is proposed to be located. 4111 of each proposed transmission line or corridor as it relates to
4083 Section 120. Paragraph (a) of subsection (1) of section 4112 matters within its jurisdiction.
4084 403.5251, Florida Statutes, is amended to read: 4113 2. Each water management district in the jurisdiction of
4085 403.5251 Application; schedules.— 4114 which a proposed transmission line or corridor is to be located
4086 (1)(a) The formal date of the filing of the application for 4115 shall prepare a report as to the impact on water resources and
4087 certification and commencement of the review process for 4116 other matters within its jurisdiction.
4088 certification is the date on which the applicant submits: 4117 3. The Department of Commerce shall prepare a report
4089 1. Copies of the application for certification in a 4118 containing recommendations which address the impact upon the
4090 quantity and format, electronic or otherwise as prescribed by 4119 public of the proposed transmission line or corridor, based on
4091 rule, to the department and other agencies identified in s. 4120 the degree to which the proposed transmission line or corridor
4092 403.526(2). 4121 is consistent with the applicable portions of the state
4093 2. The application fee as specified under s. 403.5365 to 4122 comprehensive plan, emergency management, and other matters
4094 the department. 4123 within its jurisdiction. The Department of Commerce may also
4095 4124 comment on the consistency of the proposed transmission line or
4096 The department shall provide to the applicant and the Division 4125 corridor with applicable strategic regional policy plans or
4097 of Administrative Hearings the names and addresses of any 4126 local comprehensive plans and land development regulations.
4098 additional agencies or persons entitled to notice and copies of 4127 4. The Fish and Wildlife Conservation Commission shall
4099 the application and amendments, if any, within 7 days after 4128 prepare a report as to the impact of each proposed transmission
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Bill No. SB 1264 Bill No. SB 1264
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4129 line or corridor on fish and wildlife resources and other 4158 by the proposed transmission line.
4130 matters within its jurisdiction. 4159 Section 122. Paragraphs (d) and (f) of subsection (1) of
4131 5. Each local government shall prepare a report as to the 4160 section 403.5271, Florida Statutes, are amended to read:
4132 impact of each proposed transmission line or corridor on matters 4161 403.5271 Alternate corridors.—
4133 within its jurisdiction, including the consistency of the 4162 (1) No later than 45 days before the originally scheduled
4134 proposed transmission line or corridor with all applicable local 4163 certification hearing, any party may propose alternate
4135 ordinances, regulations, standards, or criteria that apply to 4164 transmission line corridor routes for consideration under the
4136 the proposed transmission line or corridor, including local 4165 provisions of this act.
4137 comprehensive plans, zoning regulations, land development 4166 (d) Within 21 days after acceptance of an alternate
4138 regulations, and any applicable local environmental regulations 4167 corridor by the department and the applicant, the party
4139 adopted pursuant to s. 403.182 or by other means. A change by 4168 proposing an alternate corridor shall have the burden of
4140 the responsible local government or local agency in local 4169 providing all data to the agencies listed in s. 403.5365 s.
4141 comprehensive plans, zoning ordinances, or other regulations 4170 403.526(2) and newly affected agencies necessary for the
4142 made after the date required for the filing of the local 4171 preparation of a supplementary report on the proposed alternate
4143 government’s report required by this section is not applicable 4172 corridor.
4144 to the certification of the proposed transmission line or 4173 (f) The agencies listed in s. 403.5365 s. 403.526(2) and
4145 corridor unless the certification is denied or the application 4174 any newly affected agencies shall file supplementary reports
4146 is withdrawn. 4175 with the applicant and the department which address the proposed
4147 6. The Department of Transportation shall prepare a report 4176 alternate corridors no later than 24 days after the data
4148 as to the impact of the proposed transmission line or corridor 4177 submitted pursuant to paragraph (d) or paragraph (e) is
4149 on state roads, railroads, airports, aeronautics, seaports, and 4178 determined to be complete.
4150 other matters within its jurisdiction. 4179 Section 123. Subsection (1) of section 403.5272, Florida
4151 7. The commission shall prepare a report containing its 4180 Statutes, is amended to read:
4152 determination under s. 403.537, and the report may include the 4181 403.5272 Informational public meetings.—
4153 comments from the commission with respect to any other subject 4182 (1) A local government whose jurisdiction is to be crossed
4154 within its jurisdiction. 4183 by a proposed corridor may hold one informational public meeting
4155 8. Any other agency, if requested by the department, shall 4184 in addition to the hearings specifically authorized by this act
4156 also perform studies or prepare reports as to subjects within 4185 on any matter associated with the transmission line proceeding.
4157 the jurisdiction of the agency which may potentially be affected 4186 The informational public meeting may be conducted by the local
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Bill No. SB 1264 Bill No. SB 1264
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4187 government or the regional planning council and shall be held no 4216 government tax records, and residences are located within one-
4188 later than 55 days after the application is filed. The purpose 4217 quarter mile of the proposed boundaries of a transmission line
4189 of an informational public meeting is for the local government 4218 corridor that only includes a transmission line as defined by s.
4190 or regional planning council to further inform the public about 4219 403.522 s. 403.522(22).
4191 the transmission line proposed, obtain comments from the public, 4220 (6)(a) A good faith effort shall be made by the proponent
4192 and formulate its recommendation with respect to the proposed 4221 of an alternate corridor that includes a transmission line, as
4193 transmission line. 4222 defined by s. 403.522 s. 403.522(22), to provide direct notice
4194 Section 124. Subsection (4), paragraph (a) of subsection 4223 of the filing of an alternate corridor for certification by
4195 (5), and paragraph (a) of subsection (6) of section 403.5363, 4224 United States mail or hand delivery of the filing no later than
4196 Florida Statutes, are amended to read: 4225 30 days after filing of the alternate corridor to all local
4197 403.5363 Public notices; requirements.— 4226 landowners whose property, as noted in the most recent local
4198 (4) A local government or regional planning council that 4227 government tax records, and residences are located within one-
4199 proposes to conduct an informational public meeting pursuant to 4228 quarter mile of the proposed boundaries of a transmission line
4200 s. 403.5272 must publish notice of the meeting in a newspaper of 4229 corridor that includes a transmission line as defined by s.
4201 general circulation within the county or counties in which the 4230 403.522 s. 403.522(22).
4202 proposed electrical transmission line will be located no later 4231 Section 125. Paragraph (d) of subsection (1) of section
4203 than 7 days before prior to the meeting. A newspaper of general 4232 403.5365, Florida Statutes, is amended to read:
4204 circulation shall be the newspaper that has the largest daily 4233 403.5365 Fees; disposition.—The department shall charge the
4205 circulation in that county and has its principal office in that 4234 applicant the following fees, as appropriate, which, unless
4206 county. If the newspaper with the largest daily circulation has 4235 otherwise specified, shall be paid into the Florida Permit Fee
4207 its principal office outside the county, the notices shall 4236 Trust Fund:
4208 appear in both the newspaper having the largest circulation in 4237 (1) An application fee.
4209 that county and in a newspaper authorized to publish legal 4238 (d)1. Upon written request with proper itemized accounting
4210 notices in that county. 4239 within 90 days after final agency action by the siting board or
4211 (5)(a) A good faith effort shall be made by the applicant 4240 the department or the written notification of the withdrawal of
4212 to provide direct notice of the filing of an application for 4241 the application, the agencies that prepared reports under s.
4213 certification by United States mail or hand delivery no later 4242 403.526 or s. 403.5271 or participated in a hearing under s.
4214 than 45 days after filing of the application to all local 4243 403.527 or s. 403.5271 may submit a written request to the
4215 landowners whose property, as noted in the most recent local 4244 department for reimbursement of expenses incurred during the
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Bill No. SB 1264 Bill No. SB 1264
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4245 certification proceedings. The request must contain an 4274 published by the applicant in at least one-quarter page size
4246 accounting of expenses incurred, which may include time spent 4275 notice in newspapers of general circulation, and by the
4247 reviewing the application, preparation of any studies required 4276 commission in the manner specified in chapter 120, by giving
4248 of the agencies by this act, agency travel and per diem to 4277 notice to counties and regional planning councils in whose
4249 attend any hearing held under this act, and for the local 4278 jurisdiction the transmission line could be placed, and by
4250 government or regional planning council providing additional 4279 giving notice to any persons who have requested to be placed on
4251 notice of the informational public meeting. The department shall 4280 the mailing list of the commission for this purpose. Within 21
4252 review the request and verify whether a claimed expense is 4281 days after receipt of a request for determination by an
4253 valid. Valid expenses shall be reimbursed; however, if the 4282 applicant, the commission shall set a date for the hearing. The
4254 amount of funds available for reimbursement is insufficient to 4283 hearing shall be held pursuant to s. 350.01 within 45 days after
4255 provide for full compensation to the agencies, reimbursement 4284 the filing of the request, and a decision shall be rendered
4256 shall be on a prorated basis. 4285 within 60 days after such filing.
4257 2. If the application review is held in abeyance for more 4286 (d) The determination by the commission of the need for the
4258 than 1 year, the agencies may submit a request for reimbursement 4287 transmission line, as defined in s. 403.522 s. 403.522(22), is
4259 under subparagraph 1. This time period shall be measured from 4288 binding on all parties to any certification proceeding under the
4260 the date the applicant has provided written notification to the 4289 Florida Electric Transmission Line Siting Act and is a condition
4261 department that it desires to have the application review 4290 precedent to the conduct of the certification hearing prescribed
4262 process placed on hold. The fee disbursement shall be processed 4291 therein. An order entered pursuant to this section constitutes
4263 in accordance with subparagraph 1. 4292 final agency action.
4264 Section 126. Paragraphs (a) and (d) of subsection (1) of 4293 Section 127. Subsection (17) of section 403.704, Florida
4265 section 403.537, Florida Statutes, are amended to read: 4294 Statutes, is amended to read:
4266 403.537 Determination of need for transmission line; powers 4295 403.704 Powers and duties of the department.—The department
4267 and duties.— 4296 shall have responsibility for the implementation and enforcement
4268 (1)(a) Upon request by an applicant or upon its own motion, 4297 of this act. In addition to other powers and duties, the
4269 the Florida Public Service Commission shall schedule a public 4298 department shall:
4270 hearing, after notice, to determine the need for a transmission 4299 (17) Provide technical assistance to local governments and
4271 line regulated by the Florida Electric Transmission Line Siting 4300 regional agencies to ensure consistency between county hazardous
4272 Act, ss. 403.52-403.5365. The notice shall be published at least 4301 waste management assessments; coordinate the development of such
4273 21 days before the date set for the hearing and shall be 4302 assessments with the assistance of the appropriate regional
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Bill No. SB 1264 Bill No. SB 1264
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4303 planning councils; and review and make recommendations to the 4332 information gathered during the assessment is uniformly compiled
4304 Legislature relative to the sufficiency of the assessments to 4333 and documented, each county or regional planning council shall
4305 meet state hazardous waste management needs. 4334 contact the department during the preparation of the local
4306 Section 128. Subsections (3) and (6) of section 403.7225, 4335 assessment to receive technical assistance. Each county or
4307 Florida Statutes, are amended to read: 4336 regional planning council shall follow guidelines established by
4308 403.7225 Local hazardous waste management assessments.— 4337 the department, and adopted by rule as appropriate, in order to
4309 (3) Each county or regional planning council shall 4338 properly implement these assessments.
4310 coordinate the local hazardous waste management assessments 4339 Section 130. Subsection (2) of section 403.723, Florida
4311 within its jurisdiction according to guidelines established 4340 Statutes, is amended to read:
4312 under s. 403.7226. If a county declines to perform the local 4341 403.723 Siting of hazardous waste facilities.—It is the
4313 hazardous waste management assessment, the county must shall 4342 intent of the Legislature to facilitate siting of proper
4314 make arrangements with the department its regional planning 4343 hazardous waste storage facilities in each region and any
4315 council to perform the assessment. 4344 additional storage, treatment, or disposal facilities as
4316 (6) Unless performed by the county pursuant to subsection 4345 required. The Legislature recognizes the need for facilitating
4317 (3), the department regional planning councils shall upon 4346 disposal of waste produced by small generators, reducing the
4318 successful arrangements with a county: 4347 volume of wastes generated in the state, reducing the toxicity
4319 (a) Perform local hazardous waste management assessments; 4348 of wastes generated in the state, and providing treatment and
4320 and 4349 disposal facilities in the state.
4321 (b) Provide any technical expertise needed by the counties 4350 (2) After each county designates areas for storage
4322 in developing the assessments. 4351 facilities, the department each regional planning council shall
4323 Section 129. Subsection (1) of section 403.7226, Florida 4352 designate one or more sites at which a regional hazardous waste
4324 Statutes, is amended to read: 4353 storage or treatment facility could be constructed.
4325 403.7226 Technical assistance by the department.—The 4354 Section 131. Subsection (22) of section 403.9403, Florida
4326 department shall: 4355 Statutes, is amended to read:
4327 (1) Provide technical assistance to county governments and 4356 403.9403 Definitions.—As used in ss. 403.9401-403.9425, the
4328 regional planning councils to ensure consistency in implementing 4357 term:
4329 local hazardous waste management assessments as provided in ss. 4358 (22) “Regional planning council” means a regional planning
4330 403.7225, 403.7234, and 403.7236. In order to ensure that each 4359 council created pursuant to chapter 186 in the jurisdiction of
4331 local assessment is properly implemented and that all 4360 which the project is proposed to be located.
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Bill No. SB 1264 Bill No. SB 1264
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4361 Section 132. Paragraph (a) of subsection (2) of section 4390 and other matters within its jurisdiction.
4362 403.941, Florida Statutes, is amended to read: 4391 5. Each local government in which the natural gas
4363 403.941 Preliminary statements of issues, reports, and 4392 transmission pipeline or natural gas transmission pipeline
4364 studies.— 4393 corridor will be located shall prepare a report as to the impact
4365 (2)(a) The affected agencies shall prepare reports as 4394 of each proposed natural gas transmission pipeline or corridor
4366 provided in this paragraph and shall submit them to the 4395 on matters within its jurisdiction, including the consistency of
4367 department and the applicant within 60 days after the 4396 the proposed natural gas transmission pipeline or corridor with
4368 application is determined sufficient: 4397 all applicable local ordinances, regulations, standards, or
4369 1. The department shall prepare a report as to the impact 4398 criteria that apply to the proposed natural gas transmission
4370 of each proposed natural gas transmission pipeline or corridor 4399 pipeline or corridor, including local comprehensive plans,
4371 as it relates to matters within its jurisdiction. 4400 zoning regulations, land development regulations, and any
4372 2. Each water management district in the jurisdiction of 4401 applicable local environmental regulations adopted pursuant to
4373 which a proposed natural gas transmission pipeline or corridor 4402 s. 403.182 or by other means. No change by the responsible local
4374 is to be located shall prepare a report as to the impact on 4403 government or local agency in local comprehensive plans, zoning
4375 water resources and other matters within its jurisdiction. 4404 ordinances, or other regulations made after the date required
4376 3. The Department of Commerce shall prepare a report 4405 for the filing of the local government’s report required by this
4377 containing recommendations which address the impact upon the 4406 section shall be applicable to the certification of the proposed
4378 public of the proposed natural gas transmission pipeline or 4407 natural gas transmission pipeline or corridor unless the
4379 corridor, based on the degree to which the proposed natural gas 4408 certification is denied or the application is withdrawn.
4380 transmission pipeline or corridor is consistent with the 4409 6. The Department of Transportation shall prepare a report
4381 applicable portions of the state comprehensive plan and other 4410 on the effect of the natural gas transmission pipeline or
4382 matters within its jurisdiction. The Department of Commerce may 4411 natural gas transmission pipeline corridor on matters within its
4383 also comment on the consistency of the proposed natural gas 4412 jurisdiction, including roadway crossings by the pipeline. The
4384 transmission pipeline or corridor with applicable strategic 4413 report shall contain at a minimum:
4385 regional policy plans or local comprehensive plans and land 4414 a. A report by the applicant to the department stating that
4386 development regulations. 4415 all requirements of the department’s utilities accommodation
4387 4. The Fish and Wildlife Conservation Commission shall 4416 guide have been or will be met in regard to the proposed
4388 prepare a report as to the impact of each proposed natural gas 4417 pipeline or pipeline corridor; and
4389 transmission pipeline or corridor on fish and wildlife resources 4418 b. A statement by the department as to the adequacy of the
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Bill No. SB 1264 Bill No. SB 1264
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4419 report to the department by the applicant. 4448 Section 134. Subsection (4) of section 403.973, Florida
4420 7. The Department of State, Division of Historical 4449 Statutes, is amended to read:
4421 Resources, shall prepare a report on the impact of the natural 4450 403.973 Expedited permitting; amendments to comprehensive
4422 gas transmission pipeline or natural gas transmission pipeline 4451 plans.—
4423 corridor on matters within its jurisdiction. 4452 (4) The regional teams shall be established through the
4424 8. The commission shall prepare a report addressing matters 4453 execution of a project-specific memorandum of agreement
4425 within its jurisdiction. The commission’s report shall include 4454 developed and executed by the applicant and the secretary, with
4426 its determination of need issued pursuant to s. 403.9422. 4455 input solicited from the respective heads of the Department of
4427 Section 133. Paragraph (a) of subsection (1) of section 4456 Transportation and its district offices, the Department of
4428 403.9422, Florida Statutes, is amended to read: 4457 Agriculture and Consumer Services, the Fish and Wildlife
4429 403.9422 Determination of need for natural gas transmission 4458 Conservation Commission, appropriate regional planning councils,
4430 pipeline; powers and duties.— 4459 appropriate water management districts, and voluntarily
4431 (1)(a) Upon request by an applicant or upon its own motion, 4460 participating municipalities and counties. The memorandum of
4432 the commission shall schedule a public hearing, after notice, to 4461 agreement should also accommodate participation in this
4433 determine the need for a natural gas transmission pipeline 4462 expedited process by other local governments and federal
4434 regulated by ss. 403.9401-403.9425. Such notice shall be 4463 agencies as circumstances warrant.
4435 published at least 45 days before the date set for the hearing 4464 Section 135. Paragraphs (b) and (d) of subsection (1) of
4436 and shall be published in at least one-quarter page size in 4465 section 408.033, Florida Statutes, are amended to read:
4437 newspapers of general circulation and in the Florida 4466 408.033 Local and state health planning.—
4438 Administrative Register, by giving notice to counties and 4467 (1) LOCAL HEALTH COUNCILS.—
4439 regional planning councils in whose jurisdiction the natural gas 4468 (b) Each local health council may:
4440 transmission pipeline could be placed, and by giving notice to 4469 1. Develop a district area health plan that permits each
4441 any persons who have requested to be placed on the mailing list 4470 local health council to develop strategies and set priorities
4442 of the commission for this purpose. Within 21 days after receipt 4471 for implementation based on its unique local health needs.
4443 of a request for determination by an applicant, the commission 4472 2. Advise the agency on health care issues and resource
4444 shall set a date for the hearing. The hearing shall be held 4473 allocations.
4445 pursuant to s. 350.01 within 75 days after the filing of the 4474 3. Promote public awareness of community health needs,
4446 request, and a decision shall be rendered within 90 days after 4475 emphasizing health promotion and cost-effective health service
4447 such filing. 4476 selection.
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Bill No. SB 1264 Bill No. SB 1264
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4477 4. Collect data and conduct analyses and studies related to 4506 and effectiveness, within the district, of local, state,
4478 health care needs of the district, including the needs of 4507 federal, and private funds distributed to meet the needs of the
4479 medically indigent persons, and assist the agency and other 4508 medically indigent and other underserved population groups.
4480 state agencies in carrying out data collection activities that 4509 8.9. In conjunction with the Department of Health, plan for
4481 relate to the functions in this subsection. 4510 services at the local level for persons infected with the human
4482 5. Monitor the onsite construction progress, if any, of 4511 immunodeficiency virus.
4483 certificate-of-need approved projects and report council 4512 9.10. Provide technical assistance to encourage and support
4484 findings to the agency on forms provided by the agency. 4513 activities by providers, purchasers, consumers, and local,
4485 6. Advise and assist any regional planning councils within 4514 regional, and state agencies in meeting the health care goals,
4486 each district that have elected to address health issues in 4515 objectives, and policies adopted by the local health council.
4487 their strategic regional policy plans with the development of 4516 10.11. Provide the agency with data required by rule for
4488 the health element of the plans to address the health goals and 4517 the review of certificate-of-need applications and the
4489 policies in the State Comprehensive Plan. 4518 projection of need for health facilities in the district.
4490 6.7. Advise and assist local governments within each 4519 (d) Each local health council shall enter into a memorandum
4491 district on the development of an optional health plan element 4520 of agreement with each regional planning council in its district
4492 of the comprehensive plan provided in chapter 163, to assure 4521 that elects to address health issues in its strategic regional
4493 compatibility with the health goals and policies in the State 4522 policy plan. In addition, each local health council shall enter
4494 Comprehensive Plan and district health plan. To facilitate the 4523 into a memorandum of agreement with each local government that
4495 implementation of this section, the local health council shall 4524 includes an optional health element in its comprehensive plan.
4496 annually provide the local governments in its service area, upon 4525 Each memorandum of agreement must specify the manner in which
4497 request, with: 4526 each local government, regional planning council, and local
4498 a. A copy and appropriate updates of the district health 4527 health council will coordinate its activities to ensure a
4499 plan; 4528 unified approach to health planning and implementation efforts.
4500 b. A report of nursing home utilization statistics for 4529 Section 136. Subsection (1) of section 420.609, Florida
4501 facilities within the local government jurisdiction; and 4530 Statutes, is amended to read:
4502 c. Applicable agency rules and calculated need 4531 420.609 Affordable Housing Study Commission.—Because the
4503 methodologies for health facilities and services regulated under 4532 Legislature firmly supports affordable housing in Florida for
4504 s. 408.034 for the district served by the local health council. 4533 all economic classes:
4505 7.8. Monitor and evaluate the adequacy, appropriateness, 4534 (1) There is created the Affordable Housing Study
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Bill No. SB 1264 Bill No. SB 1264
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4535 Commission, which shall be composed of 20 21 members to be 4564 developer.
4536 appointed by the Governor: 4565 (o)(p) One member who is a resident of the state.
4537 (a) One citizen actively engaged in the residential home 4566 (p)(q) One representative from a local housing authority.
4538 building industry. 4567 (q)(r) One citizen representing the housing interests of
4539 (b) One citizen actively engaged in the home mortgage 4568 homeless persons.
4540 lending profession. 4569 Section 137. Paragraph (a) of subsection (3) and subsection
4541 (c) One citizen actively engaged in the real estate sales 4570 (6) of section 473.3065, Florida Statutes, is amended to read:
4542 profession. 4571 473.3065 Clay Ford Scholarship Program; Certified Public
4543 (d) One citizen actively engaged in apartment development. 4572 Accountant Education Minority Assistance Advisory Council.—
4544 (e) One citizen actively engaged in the management and 4573 (3) The board shall adopt rules as necessary for
4545 operation of a rental housing development. 4574 administration of the Clay Ford Scholarship Program, including
4546 (f) Two citizens who represent very-low-income and low- 4575 rules relating to the following:
4547 income persons. 4576 (a) Eligibility criteria for receipt of a scholarship,
4548 (g) One citizen representing a community-based organization 4577 which, at a minimum, shall include the following factors:
4549 with experience in housing development. 4578 1. Financial need.
4550 (h) One citizen representing a community-based organization 4579 2. Ethnic, gender, or racial minority status pursuant to s.
4551 with experience in housing development in a community with a 4580 288.703 s. 288.703(4).
4552 population of less than 50,000 persons. 4581 3. Scholastic ability and performance.
4553 (i) Two citizens who represent elderly persons’ housing 4582 (6) There is hereby created the Certified Public Accountant
4554 interests. 4583 Education Minority Assistance Advisory Council to assist the
4555 (j) One representative of regional planning councils. 4584 board in administering the Clay Ford Scholarship Program. The
4556 (j)(k) One representative of the Florida League of Cities. 4585 council shall be diverse and representative of the gender,
4557 (k)(l) One representative of the Florida Association of 4586 ethnic, and racial categories set forth in s. 288.703 s.
4558 Counties. 4587 288.703(4).
4559 (l)(m) Two citizens representing statewide growth 4588 (a) The council shall consist of five licensed Florida-
4560 management organizations. 4589 certified public accountants selected by the board, of whom one
4561 (m)(n) One citizen of the state to serve as chair of the 4590 shall be a board member who serves as chair of the council, one
4562 commission. 4591 shall be a representative of the National Association of Black
4563 (n)(o) One citizen representing a residential community 4592 Accountants, one shall be a representative of the Cuban American
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Bill No. SB 1264 Bill No. SB 1264
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4593 CPA Association, and two shall be selected at large. At least 4622 Section 139. Section 625.3255, Florida Statutes, is amended
4594 one member of the council must be a woman. 4623 to read:
4595 (b) The board shall determine the terms for initial 4624 625.3255 Capital participation instrument.—An insurer may
4596 appointments and appointments thereafter. 4625 invest in any capital participation instrument or evidence of
4597 (c) Any vacancy on the council shall be filled in the 4626 indebtedness issued by the Department of Commerce pursuant to
4598 manner provided for the selection of the initial member. Any 4627 the Florida Small and Minority Business Assistance Act.
4599 member appointed to fill a vacancy of an unexpired term shall be 4628 Section 140. Paragraph (b) of subsection (4) of section
4600 appointed for the remainder of that term. 4629 657.042, Florida Statutes, is amended to read:
4601 (d) Three consecutive absences or absences constituting 50 4630 657.042 Investment powers and limitations.—A credit union
4602 percent or more of the council’s meetings within any 12-month 4631 may invest its funds subject to the following definitions,
4603 period shall cause the council membership of the member in 4632 restrictions, and limitations:
4604 question to become void, and the position shall be considered 4633 (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
4605 vacant. 4634 CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
4606 (e) The members of the council shall serve without 4635 the credit union may be invested in any of the following:
4607 compensation, and any necessary and actual expenses incurred by 4636 (b) Any capital participation instrument or evidence of
4608 a member while engaged in the business of the council shall be 4637 indebtedness issued by the Department of Commerce pursuant to
4609 borne by such member or by the organization or agency such 4638 the Florida Small and Minority Business Assistance Act.
4610 member represents. However, the council member who is a member 4639 Section 141. Paragraph (f) of subsection (4) of section
4611 of the board shall be compensated in accordance with ss. 4640 658.67, Florida Statutes, is amended to read:
4612 455.207(4) and 112.061. 4641 658.67 Investment powers and limitations.—A bank may invest
4613 Section 138. Paragraph (f) of subsection (1) of section 4642 its funds, and a trust company may invest its corporate funds,
4614 501.171, Florida Statutes, is amended to read: 4643 subject to the following definitions, restrictions, and
4615 501.171 Security of confidential personal information.— 4644 limitations:
4616 (1) DEFINITIONS.—As used in this section, the term: 4645 (4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS
4617 (f) “Governmental entity” means any department, division, 4646 OF CAPITAL ACCOUNTS.—
4618 bureau, commission, regional planning agency, board, district, 4647 (f) Up to 10 percent of the capital accounts of a bank or
4619 authority, agency, or other instrumentality of this state that 4648 trust company may be invested in any capital participation
4620 acquires, maintains, stores, or uses data in electronic form 4649 instrument or evidence of indebtedness issued by the Department
4621 containing personal information. 4650 of Commerce pursuant to the Florida Small and Minority Business
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Bill No. SB 1264 Bill No. SB 1264
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4651 Assistance Act. 4680 hearing. The first public hearing shall be held before the draft
4652 Section 142. Subsection (6) of section 1013.30, Florida 4681 master plan is sent to the agencies specified in this
4653 Statutes, is amended to read: 4682 subsection. The second public hearing shall be held in
4654 1013.30 University campus master plans and campus 4683 conjunction with the adoption of the draft master plan by the
4655 development agreements.— 4684 university board of trustees. Campus master plans developed
4656 (6) Before a campus master plan is adopted, a copy of the 4685 under this section are not rules and are not subject to chapter
4657 draft master plan must be sent for review or made available 4686 120 except as otherwise provided in this section.
4658 electronically to the host and any affected local governments, 4687 Section 143. For the purpose of incorporating the amendment
4659 the state land planning agency, the Department of Environmental 4688 made by this act to section 447.203, Florida Statutes, in
4660 Protection, the Department of Transportation, the Department of 4689 references thereto, paragraph (w) of subsection (2) of section
4661 State, the Fish and Wildlife Conservation Commission, and the 4690 110.205, Florida Statutes, is reenacted to read:
4662 applicable water management district and regional planning 4691 110.205 Career service; exemptions.—
4663 council. At the request of a governmental entity, a hard copy of 4692 (2) EXEMPT POSITIONS.—The exempt positions that are not
4664 the draft master plan shall be submitted within 7 business days 4693 covered by this part include the following:
4665 of an electronic copy being made available. These agencies must 4694 (w) Managerial employees, as defined in s. 447.203(4),
4666 be given 90 days after receipt of the campus master plans in 4695 confidential employees, as defined in s. 447.203(5), and
4667 which to conduct their review and provide comments to the 4696 supervisory employees who spend the majority of their time
4668 university board of trustees. The commencement of this review 4697 communicating with, motivating, training, and evaluating
4669 period must be advertised in newspapers of general circulation 4698 employees, and planning and directing employees’ work, and who
4670 within the host local government and any affected local 4699 have the authority to hire, transfer, suspend, lay off, recall,
4671 government to allow for public comment. Following receipt and 4700 promote, discharge, assign, reward, or discipline subordinate
4672 consideration of all comments and the holding of an informal 4701 employees or effectively recommend such action, including all
4673 information session and at least two public hearings within the 4702 employees serving as supervisors, administrators, and directors.
4674 host jurisdiction, the university board of trustees shall adopt 4703 Excluded are employees also designated as special risk or
4675 the campus master plan. It is the intent of the Legislature that 4704 special risk administrative support and attorneys who serve as
4676 the university board of trustees comply with the notice 4705 administrative law judges pursuant to s. 120.65 or for hearings
4677 requirements set forth in s. 163.3184(11) to ensure full public 4706 conducted pursuant to s. 120.57(1)(a). Additionally, registered
4678 participation in this planning process. The informal public 4707 nurses licensed under chapter 464, dentists licensed under
4679 information session must be held before the first public 4708 chapter 466, psychologists licensed under chapter 490 or chapter
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Bill No. SB 1264 Bill No. SB 1264
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4709 491, nutritionists or dietitians licensed under part X of 4738 is a party to litigation against another governmental entity, as
4710 chapter 468, pharmacists licensed under chapter 465, 4739 defined in s. 164.1031, a district has an affirmative duty to
4711 psychological specialists licensed under chapter 491, physical 4740 engage in alternative dispute resolution in good faith as
4712 therapists licensed under chapter 486, and speech therapists 4741 required by chapter 164.
4713 licensed under part I of chapter 468 are excluded, unless 4742 Section 146. For the purpose of incorporating the amendment
4714 otherwise collectively bargained. 4743 made by this act to section 339.155, Florida Statutes, in
4715 Section 144. For the purpose of incorporating the amendment 4744 references thereto, subsections (1) and (3) of section 339.2819,
4716 made by this act to section 164.1031, Florida Statutes, in a 4745 Florida Statutes, are reenacted to read:
4717 reference thereto, paragraph (d) of subsection (2) of section 4746 339.2819 Transportation Regional Incentive Program.—
4718 163.3162, Florida Statutes, is reenacted to read: 4747 (1) There is created within the Department of
4719 163.3162 Agricultural lands and practices.— 4748 Transportation a Transportation Regional Incentive Program for
4720 (2) DEFINITIONS.—As used in this section, the term: 4749 the purpose of providing funds to improve regionally significant
4721 (d) “Governmental entity” has the same meaning as provided 4750 transportation facilities in regional transportation areas
4722 in s. 164.1031. The term does not include a water management 4751 created pursuant to s. 339.155(4).
4723 district, a water control district established under chapter 4752 (3) The department shall allocate funding available for the
4724 298, or a special district created by special act for water 4753 Transportation Regional Incentive Program to the districts based
4725 management purposes. 4754 on a factor derived from equal parts of population and motor
4726 Section 145. For the purpose of incorporating the amendment 4755 fuel collections for eligible counties in regional
4727 made by this act to section 164.1031, Florida Statutes, in a 4756 transportation areas created pursuant to s. 339.155(4).
4728 reference thereto, subsection (8) of section 373.129, Florida 4757 Section 147. For the purpose of incorporating the
4729 Statutes, is reenacted to read: 4758 amendments made by this act to sections 380.045 and 380.05,
4730 373.129 Maintenance of actions.—The department, the 4759 Florida Statutes, in a reference thereto, subsections (5) and
4731 governing board of any water management district, any local 4760 (6) of section 380.0552, Florida Statutes, are reenacted to
4732 board, or a local government to which authority has been 4761 read:
4733 delegated pursuant to s. 373.103(8), is authorized to commence 4762 380.0552 Florida Keys Area; protection and designation as
4734 and maintain proper and necessary actions and proceedings in any 4763 area of critical state concern.—
4735 court of competent jurisdiction for any of the following 4764 (5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5),
4736 purposes: 4765 (9)-(11), (15), (17), and (21) shall not apply to the area
4737 (8) In conflicts arising where a water management district 4766 designated by this section for so long as the designation
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
4767 remains in effect. Except as otherwise provided in this section, 4796 403.5064, Florida Statutes, is reenacted to read:
4768 s. 380.045 shall not apply to the area designated by this 4797 403.5064 Application; schedules.—
4769 section. All other provisions of this chapter shall apply, 4798 (1) The formal date of filing of a certification
4770 including s. 380.07. 4799 application and commencement of the certification review process
4771 (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The 4800 shall be when the applicant submits:
4772 Governor, acting as the chief planning officer of the state, 4801 (a) Copies of the certification application in a quantity
4773 shall appoint a resource planning and management committee for 4802 and format as prescribed by rule to the department and other
4774 the Florida Keys Area with the membership as specified in s. 4803 agencies identified in s. 403.507(2)(a).
4775 380.045(2). Meetings shall be called as needed by the chair or 4804 Section 149. For the purpose of incorporating the amendment
4776 on the demand of three or more members of the committee. The 4805 made by this act to section 403.526, Florida Statutes, in a
4777 committee shall: 4806 reference thereto, paragraph (a) of subsection (1) of section
4778 (a) Serve as a liaison between the state and local 4807 403.5251, Florida Statutes, is reenacted to read:
4779 governments within Monroe County. 4808 403.5251 Application; schedules.—
4780 (b) Develop, with local government officials in the Florida 4809 (1)(a) The formal date of the filing of the application for
4781 Keys Area, recommendations to the state land planning agency as 4810 certification and commencement of the review process for
4782 to the sufficiency of the Florida Keys Area’s comprehensive plan 4811 certification is the date on which the applicant submits:
4783 and land development regulations. 4812 1. Copies of the application for certification in a
4784 (c) Recommend to the state land planning agency changes to 4813 quantity and format, electronic or otherwise as prescribed by
4785 state and regional plans and regulatory programs affecting the 4814 rule, to the department and other agencies identified in s.
4786 Florida Keys Area. 4815 403.526(2).
4787 (d) Assist units of local government within the Florida 4816 2. The application fee as specified under s. 403.5365 to
4788 Keys Area in carrying out the planning functions and other 4817 the department.
4789 responsibilities required by this section. 4818
4790 (e) Review, at a minimum, all reports and other materials 4819 The department shall provide to the applicant and the Division
4791 provided to it by the state land planning agency or other 4820 of Administrative Hearings the names and addresses of any
4792 governmental agencies. 4821 additional agencies or persons entitled to notice and copies of
4793 Section 148. For the purpose of incorporating the amendment 4822 the application and amendments, if any, within 7 days after
4794 made by this act to section 403.507, Florida Statutes, in a 4823 receiving the application for certification and the application
4795 reference thereto, paragraph (a) of subsection (1) of section 4824 fees.
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
4825 Section 150. For the purpose of incorporating the amendment 4854 section, the department shall allocate the funds as follows:
4826 made by this act to section 403.526, Florida Statutes, in 4855 (c) The balance of fees remaining shall be used by the
4827 references thereto, paragraphs (d) and (f) of subsection (1) of 4856 department to reimburse affected agencies included in s.
4828 section 403.5271, Florida Statutes, are reenacted to read: 4857 403.941(2)(a) for costs incurred in application and
4829 403.5271 Alternate corridors.— 4858 postcertification review, respectively.
4830 (1) No later than 45 days before the originally scheduled 4859 1. For application processing costs, upon presentation by
4831 certification hearing, any party may propose alternate 4860 an affected agency of a proper itemized accounting within 90
4832 transmission line corridor routes for consideration under the 4861 days after the date of the board’s order approving certification
4833 provisions of this act. 4862 or the date on which a pending application is otherwise disposed
4834 (d) Within 21 days after acceptance of an alternate 4863 of, the department shall reimburse the agencies for authorized
4835 corridor by the department and the applicant, the party 4864 costs from the fee balances remaining. Such reimbursement shall
4836 proposing an alternate corridor shall have the burden of 4865 be authorized for studies and the preparation of any reports
4837 providing all data to the agencies listed in s. 403.526(2) and 4866 required of the agencies by ss. 403.9401-403.9425, for agency
4838 newly affected agencies necessary for the preparation of a 4867 travel and per diem to attend any hearing held, and for
4839 supplementary report on the proposed alternate corridor. 4868 participation in the proceedings. In the event the amount
4840 (f) The agencies listed in s. 403.526(2) and any newly 4869 available for allocation is insufficient to provide for complete
4841 affected agencies shall file supplementary reports with the 4870 reimbursement to the agencies, reimbursement shall be on a
4842 applicant and the department which address the proposed 4871 prorated basis. If any sums are remaining, the department shall
4843 alternate corridors no later than 24 days after the data 4872 retain them for use in the same manner as is otherwise
4844 submitted pursuant to paragraph (d) or paragraph (e) is 4873 authorized by this section; however, if the certification
4845 determined to be complete. 4874 application is withdrawn, the remaining sums shall be refunded
4846 Section 151. For the purpose of incorporating the amendment 4875 to the applicant within 120 days after withdrawal.
4847 made by this act to section 403.941, Florida Statutes, in a 4876 2. For postcertification costs, an invoice may be submitted
4848 reference thereto, paragraph (c) of subsection (5) of section 4877 on an annual basis, commencing from the date of certification,
4849 403.9421, Florida Statutes, is reenacted to read: 4878 for expenses incurred by affected agencies conducting
4850 403.9421 Fees; disposition.—The department shall charge the 4879 postcertification review work pursuant to the conditions of
4851 applicant the following fees, as appropriate, which shall be 4880 certification. In the event the amount available for allocation
4852 paid into the Florida Permit Fee Trust Fund: 4881 is insufficient to provide for complete reimbursement to the
4853 (5) In administering fee revenues received under this 4882 agencies, reimbursement shall be on a prorated basis.
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
4883 Section 152. This act shall take effect July 1, 2025. 4912 Business Loan Program; prohibited acts and penalties;
4884 4913 eligibility for a loan, loan guarantee, or investment;
4885 ================= T I T L E A M E N D M E N T ================ 4914 and quarterly and annual reports, respectively;
4886 And the title is amended as follows: 4915 amending s. 20.60, F.S.; revising the purpose of the
4887 Delete everything before the enacting clause 4916 Department of Commerce; revising the responsibilities
4888 and insert: 4917 of the Division of Economic Development within the
4889 A bill to be entitled 4918 department; assigning responsibility to the division
4890 An act relating to rural and urban business 4919 for the Office of Secure Florida within the
4891 enterprises; repealing ss. 24.113, 186.501, 186.502, 4920 department; specifying the responsibilities of the
4892 186.503, 186.504, 186.505, 186.506, 186.507, 186.508, 4921 office; amending s. 212.08, F.S.; deleting a
4893 186.509, 186.511, 186.512, 186.513, 186.515, 287.0931, 4922 prohibition that the Department of Revenue may not
4894 288.12266, 288.124, 288.706, 288.7094, 288.7102, 4923 issue temporary tax exemption certificates after a
4895 288.71025, 288.7103, and 288.714, F.S., relating to 4924 specified date; amending s. 215.559, F.S.; requiring
4896 minority participation; a short title; legislative 4925 the Division of Emergency Management to give funding
4897 findings and public purpose; definitions relating to 4926 priority to projects for the Hurricane Loss Mitigation
4898 the Florida Regional Planning Council Act; regional 4927 Program in regional planning council regions as such
4899 planning councils, creation, and membership; regional 4928 regions existed on a specified date; amending s.
4900 planning councils, powers and duties; the Executive 4929 252.385, F.S.; requiring that the statewide emergency
4901 Office of the Governor, powers and duties; strategic 4930 shelter plan identify the general location and square
4902 regional policy plans; strategic regional policy plan 4931 footage of special needs shelters by regional planning
4903 adoption, consistency with state comprehensive plan; 4932 council regions, as such regions existed on a
4904 dispute resolution process; evaluation of strategic 4933 specified date, during the next 5 years; requiring
4905 regional policy plan, changes in plan; designation of 4934 that state funds be maximized and targeted to regional
4906 regional planning councils; reports; creation of 4935 planning council regions as such regions existed on a
4907 regional planning councils under ch. 163, F.S.; 4936 specified date; amending s. 253.025, F.S.; providing
4908 minority business enterprises; the Targeted Marketing 4937 an exemption for Federal Government agencies regarding
4909 Assistance Program; convention grants program; the 4938 land being reverted to the Board of Trustees of the
4910 Florida Minority Business Loan Mobilization Program; 4939 Internal Improvement Trust Fund if land conveyances
4911 black business investment corporations; the Black 4940 are at less than the appraised value; amending s.
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
4941 287.012, F.S.; deleting the definition of the term 4970 the Florida Small and Minority Business Assistance Act
4942 “minority business enterprise” amending s. 287.042, 4971 as the Florida Small Business Act; conforming a cross-
4943 F.S.; conforming provisions to changes made by the 4972 reference; amending s. 288.703, F.S.; defining,
4944 act; amending s. 287.09451, F.S.; revising legislative 4973 deleting, and revising terms; amending s. 288.705,
4945 findings; renaming the Office of Supplier Diversity as 4974 F.S.; requiring that the Small Business Development
4946 the Office of Supplier Development; specifying that 4975 Center, in coordination with Minority Business
4947 the purpose and duties of the office are to assist 4976 Development Centers, compile and distribute certain
4948 rural or urban business enterprises, rather than 4977 information to small businesses and businesses located
4949 minority business enterprises; conforming a provision 4978 in rural or urban areas, rather than to minority
4950 to changes made by the act; making technical changes; 4979 businesses; revising the information to be provided by
4951 amending s. 287.0947, F.S.; renaming the Florida 4980 the Small Business Development Center in its annual
4952 Advisory Council on Small and Minority Business 4981 report to the Department of Commerce; amending s.
4953 Development as the Florida Advisory Council on Small, 4982 288.776, F.S.; deleting a membership requirement of
4954 Rural, and Urban Business Development; revising the 4983 the board of directors of the Florida Export Finance
4955 composition of the council’s membership; revising the 4984 Corporation; creating s. 288.9628, F.S.; providing
4956 council’s powers and duties; conforming a cross- 4985 legislative findings; establishing the Research,
4957 reference; amending s. 288.001, F.S.; revising the 4986 Innovation, Science, and Engineering (RISE) Investment
4958 criteria for membership of the statewide advisory 4987 Tax Credit Program within the Department of Commerce;
4959 board of the Florida Small Business Development Center 4988 providing the purpose for the program; requiring the
4960 Network; amending s. 288.0065, F.S.; revising what 4989 department to coordinate with the Florida Opportunity
4961 information must be included in the department’s 4990 Fund and the State Board of Administration for a
4962 annual incentives report; amending s. 288.1167, F.S.; 4991 specified purpose; defining terms; requiring an
4963 revising the sports franchise contract provisions for 4992 applicant to apply to the department for authorization
4964 food and beverage concession and contract awards; 4993 to claim tax credits; requiring the department to
4965 amending s. 288.1229, F.S.; revising the 4994 review and act upon such application within a
4966 representational criteria for the board of directors 4995 specified timeframe; requiring the applicant to
4967 of the Florida Sports Foundation; amending s. 4996 provide certain information required by the
4968 288.7015, F.S.; revising the duties of the state’s 4997 department; specifying the information that must be
4969 rules ombudsman; amending s. 288.702, F.S.; renaming 4998 included in the application; requiring an applicant to
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
4999 update its application if there has been a material 5028 authorizing credits received to be applied against the
5000 change; prohibiting tax credits from exceeding a 5029 qualifying private fund’s corporate income tax
5001 specified amount in a fiscal year; prohibiting the 5030 liability; authorizing a qualifying private fund to
5002 department from issuing a tax credit to a qualifying 5031 transfer or sell any portion of its tax credit;
5003 private fund until the private fund demonstrates it 5032 requiring such transfer or sale to take place within a
5004 has received its total capital commitment; prohibiting 5033 specified timeframe, after which the credit expires;
5005 the department from authorizing more than a specified 5034 prohibiting such transfer or sale if the department
5006 amount of tax credits to a qualifying private fund in 5035 authorizes the credit but the Department of Revenue
5007 a fiscal year; requiring a qualifying private fund to 5036 has not yet issued such credit; authorizing the
5008 provide documentation to show that the qualifying 5037 department to revoke or modify its previous decisions
5009 investment meets the department’s requirements to 5038 if it is discovered that the qualifying private fund
5010 issue a tax credit; providing that follow-on or add-on 5039 submitted any false statement, representation, or
5011 capital commitments may only be considered after the 5040 certification in its application or if information in
5012 follow-on or add-on investment has been deployed; 5041 a previous application materially changes; requiring
5013 requiring a qualifying private fund to make a 5042 the department to notify the Department of Revenue of
5014 specified number of qualified investments in a 5043 any such revocation or modification affecting
5015 specified number of qualifying portfolio projects to 5044 previously granted tax credits; requiring the
5016 be eligible for a tax credit; specifying the 5045 qualifying private fund to notify the Department of
5017 information that must be included in the submission by 5046 Revenue of any change in its tax credit claimed;
5018 a qualifying private fund; authorizing a qualifying 5047 requiring that a qualifying private fund annually
5019 private fund to receive tax credits equivalent to a 5048 report to the department for each investment within a
5020 certain percentage of a qualifying investment in a 5049 specified timeframe in order to remain eligible to
5021 qualifying portfolio company; requiring the department 5050 receive tax credits; providing that failure to do so
5022 to authorize the Department of Revenue to issue tax 5051 will result in the qualifying private fund’s tax
5023 credits to a qualifying private fund if certain 5052 credit being revoked; requiring a qualifying private
5024 requirements are met; prohibiting the Department of 5053 fund to submit specified information to the department
5025 Revenue from issuing more than a specified fraction of 5054 in order to receive a tax credit; requiring the
5026 the tax credits authorized for a qualifying investment 5055 department to revoke its approval of tax credits for
5027 in a qualifying portfolio company in a fiscal year; 5056 the qualifying investment if it fails to meet certain
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Bill No. SB 1264 Bill No. SB 1264
Ì747702!Î747702 Ì747702!Î747702
5057 requirements; requiring the department to issue a 5086 contract with Space Florida to provide certain goods
5058 notice of revocation and recapture to the qualifying 5087 and services are not state or local government funds;
5059 private fund and the Department of Revenue; requiring 5088 amending s. 331.351, F.S.; revising legislative intent
5060 such qualifying private fund to repay to the 5089 that rural or urban business enterprises, rather than
5061 department an amount equal to a certain percent of the 5090 women, minorities, and socially and economically
5062 tax credits authorized by the department and claimed 5091 disadvantaged business enterprises, be encouraged to
5063 by a qualifying portfolio company for the qualifying 5092 participate fully in specified development; amending
5064 investment; requiring that such funds be deposited 5093 s. 445.08, F.S.; revising the minimum eligibility
5065 into the General Revenue Fund; providing construction; 5094 requirements for the Florida Law Enforcement
5066 requiring the department to include specified 5095 Recruitment Bonus Payment Program for newly employed
5067 information in its annual incentives report beginning 5096 law enforcement officers; deleting an expiration date;
5068 on a specified date and annually thereafter; requiring 5097 amending s. 447.203, F.S.; revising the definition of
5069 that a certain percentage of tax credits be made 5098 the term “managerial employees”; authorizing local
5070 available during a specified period of time for a 5099 governments to enter into agreements to create
5071 specified purpose; requiring that all remaining tax 5100 regional planning entities; amending ss. 17.11,
5072 credits be made available during a specified period of 5101 68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177,
5073 time on a first-come, first-served basis, subject to 5102 163.3178, 163.3184, 163.3245, 163.568, 164.1031,
5074 eligibility of the qualifying investment; authorizing 5103 186.003, 186.006, 186.007, 186.008, 186.803, 187.201,
5075 the department to adopt rules; amending s. 290.0056, 5104 212.096, 218.32, 255.101, 255.102, 258.501, 260.0142,
5076 F.S.; conforming provisions to changes made by the 5105 287.042, 287.055, 287.057, 287.0943, 287.09431,
5077 act; amending s. 290.0057, F.S.; revising enterprise 5106 288.0001, 288.7031, 288.975, 290.004, 320.08058,
5078 zone development plan requirements to include business 5107 335.188, 339.155, 339.175, 339.285, 339.63, 339.64,
5079 investment corporations in rural or urban areas; 5108 341.041, 343.54, 366.93, 369.303, 369.307, 373.309,
5080 amending s. 331.302, F.S.; providing that Space 5109 373.415, 376.3072, 377.703, 378.411, 380.031, 380.045,
5081 Florida is not an agency for purposes of its ability 5110 380.05, 380.055, 380.06, 380.061, 380.07, 380.23,
5082 to bid and contract for certain professional and 5111 380.507, 381.986, 403.031, 403.0752, 403.503,
5083 construction services under certain circumstances, and 5112 403.50663, 403.507, 403.509, 403.5115, 403.5175,
5084 is therefore exempt from certain requirements; 5113 403.518, 403.522, 403.5251, 403.526, 403.5271,
5085 providing that monies received by the person under 5114 403.5272, 403.5363, 403.5365, 403.537, 403.704,
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Bill No. SB 1264 Bill No. SB 1264
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5115 403.7225, 403.7226, 403.723, 403.9403, 403.941, 5144 made to s. 403.526, F.S., in references thereto;
5116 403.9422, 403.973, 408.033, 420.609, 473.3065, 5145 reenacting s. 403.9421(5)(c), F.S., relating to fees
5117 501.171, 625.3255, 657.042, 658.67, and 1013.30, F.S.; 5146 and disposition, to incorporate the amendment made to
5118 conforming provisions to changes made by the act; 5147 s. 403.941, F.S., in a reference thereto; providing an
5119 revising and conforming cross-references; making 5148 effective date.
5120 technical changes; reenacting s. 288.0001(2)(b), F.S.,
5121 relating to the Economic Development Programs
5122 Evaluation, to incorporate the amendments made to s.
5123 288.1167, F.S., in a reference thereto; reenacting s.
5124 110.205(2)(w), F.S., relating to career service
5125 exemptions, to incorporate the amendment made to s.
5126 447.203, F.S., in references thereto; reenacting ss.
5127 163.3162(2)(d) and 373.129(8), F.S., relating to
5128 agricultural lands and practices and maintenance of
5129 actions, respectively, to incorporate the amendment
5130 made to s. 164.1031, F.S., in references thereto;
5131 reenacting s. 339.2819(1) and (3), F.S., relating to
5132 the Transportation Regional Incentive Program, to
5133 incorporate the amendment made to s. 339.155, F.S., in
5134 references thereto; reenacting s. 380.0552(5) and (6),
5135 F.S., relating to the Florida Keys Area, to
5136 incorporate the amendments made to ss. 380.045 and
5137 380.05, F.S., in references thereto; reenacting s.
5138 403.5064(1)(a), F.S., relating to application
5139 schedules, to incorporate the amendment made to s.
5140 403.507, F.S., in a reference thereto; reenacting ss.
5141 403.5251(1)(a) and 403.5271(1)(d) and (f), F.S.,
5142 relating to application schedules and alternate
5143 corridors, respectively, to incorporate the amendment
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Bill No. SB 1264 Bill No. SB 1264
Ì744484@Î744484 Ì744484@Î744484
LEGISLATIVE ACTION 11 applications for tax credits under this section.
Senate . House 12 (3) DEFINITIONS.—As used in this section, the term:
Comm: WD . 13 (a) “Accredited investor” has the same meaning as in s.
03/31/2025 . 14 517.021.
. 15 (b) “Advisory affiliate” has the same meaning as in s.
. 16 517.12(22).
. 17 (c) “Affiliate” has the same meaning as in s. 517.021.
18 (d) “Applicant” means an advisory affiliate, exempt
19 reporting adviser, or investment adviser who submits or updates
20 an application on behalf of a qualifying private fund.
21 (e) “Associated person” has the same meaning as in s.
22 517.021.
23 (f) “Company” means any business in this state, or a
24 business with more than 50 percent of its workforce in this
25 state, with 500 or fewer employees, and which is engaged in a
The Committee on Commerce and Tourism (Collins) recommended the 26 project.
following: 27 (g) “Department” means the Department of Commerce.
28 (h) “Exempt reporting adviser” has the same meaning as in
1 Senate Amendment (with title amendment) 29 s. 517.12(22).
2 30 (i) “Investment adviser” has the same meaning as in s.
3 Delete lines 1617 - 1790 31 517.021.
4 and insert: 32 (j) “Investor” means any person or entity that has made a
5 (2) RISE PROGRAM CREATED.—There is established within the 33 capital contribution to a qualifying private fund.
6 department the Research, Innovation, Science, and Engineering 34 (k) “Private fund adviser” has the same meaning as in s.
7 (RISE) Investment Tax Credit Program. The purpose of the program 35 517.12(22).
8 is to increase venture capital investment in this state. The 36 (l) “Project” means research and development that leads to
9 department shall coordinate with the Florida Opportunity Fund 37 or is anticipated to lead to the creation of new or useful
10 and the State Board of Administration in reviewing and approving 38 improvement of technologies, agricultural technologies, devices,
39 processes, machines, manufacturing, or composition of matter. A
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Bill No. SB 1264 Bill No. SB 1264
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40 project may result from the innovative activities of a company 69 advisers, investment advisers, or private fund advisers
41 or research at a university or college in this state. 70 associated with the qualifying private fund, if there are any at
42 (m) “Qualifying investment” has the same meaning as in 17 71 the time of application.
43 C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section, 72 2. The names of any investors in the qualifying private
44 includes investment in one or more companies or projects. 73 fund, if there are any at the time of application.
45 (n) “Qualifying portfolio company” has the same meaning as 74 3. The estimated total number of qualifying investments in
46 in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this 75 qualifying portfolio companies.
47 section, includes a company that meets the definition of 76 4. The total capital commitment of the qualifying private
48 “company” in paragraph (f). 77 fund.
49 (o) “Qualifying private fund” has the same meaning as in s. 78 (d) If, at any time after an applicant has submitted a
50 517.12(22) and includes the definition of “angel investor group” 79 complete application, there has been a material change that
51 as defined in s. 517.021. 80 affects the accuracy or completeness of the information
52 (p) “Total capital commitment” means the total amount of 81 contained in the application, the applicant must update its
53 cash funding the qualifying private fund intends to raise to 82 application.
54 make one or more qualifying investments in one or more 83 (5) TAX CREDITS; GENERALLY.—
55 qualifying portfolio companies. 84 (a) The amount of tax credits available pursuant to this
56 (4) APPLICATION.— 85 section in a fiscal year may not exceed $100 million.
57 (a) An applicant must apply to the department for 86 (b) The department may not issue a tax credit to a
58 authorization to claim RISE tax credits under this section. The 87 qualifying private fund until the qualifying private fund
59 department must review and approve or deny a complete 88 demonstrates that it has received its total capital commitment.
60 application within 60 calendar days after the complete 89 (c) The department may not authorize more than $10 million
61 application has been submitted. 90 in tax credits to a qualifying private fund in a fiscal year.
62 (b) An applicant must demonstrate to the department’s 91 (6) TAX CREDITS; SUBMISSION AND AUTHORIZATION.—
63 satisfaction within 12 months after the complete application has 92 (a) To receive tax credits, a qualifying private fund must
64 been submitted that the qualifying private fund has received at 93 provide documentation that demonstrates to the department’s
65 least the total capital commitment contained in its application. 94 reasonable satisfaction that the qualifying investment meets the
66 (c) The application must include, at a minimum: 95 requirements of this section. For purposes of this section,
67 1. The names of any accredited investors, advisory 96 follow-on or add-on commitments may only be considered by the
68 affiliates, affiliates, associated persons, exempt reporting 97 department after the follow-on or add-on investment has been
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Bill No. SB 1264 Bill No. SB 1264
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98 deployed. 127 transfer, in whole or in part, any tax credit issued under this
99 (b) A qualifying private fund must make at least one 128 section. An election to sell or transfer any tax credit received
100 qualified investment in at least one qualifying portfolio 129 pursuant to this section must be made no later than 5 years
101 project to be eligible to receive tax credits under this 130 after the date the credit is received by the qualifying private
102 section. 131 fund, after which the credit expires and may not be used. A
103 (c) Each submission by a qualifying private fund to receive 132 qualifying private fund may not sell or transfer credits that
104 tax credits for a qualifying investment in a qualifying 133 have been authorized by the department but not yet issued by the
105 portfolio company must include, at a minimum: 134 Department of Revenue.
106 1. The amount of cash deployed by the qualifying private 135 (e) The department may revoke or modify any written
107 fund to a qualifying investment in a qualifying portfolio 136 decision qualifying, certifying, or otherwise granting
108 company. 137 eligibility for tax credits under this section if it is
109 2. The total number of employees employed by the qualifying 138 discovered that the qualifying private fund submitted any false
110 portfolio company. 139 statement, representation, or certification in any application
111 3. The total number of Florida-based, full-time equivalent 140 filed in an attempt to receive tax credits under this section,
112 employees employed by the qualifying portfolio company. 141 or if the information in a previously completed application
113 (7) TAX CREDITS; RECEIPT; REVOCATION.— 142 materially changes. The department must immediately notify the
114 (a) A qualifying private fund may receive tax credits 143 Department of Revenue of any revoked or modified orders
115 equivalent to 25 percent of a qualifying investment in a 144 affecting previously granted tax credits. Additionally, the
116 qualifying portfolio company. 145 qualifying private fund must notify the Department of Revenue of
117 (b) Upon a determination by the department that the 146 any change in its tax credit claimed.
118 qualifying investment meets the requirements of this section, 147 (8) COMPLIANCE.—
119 the department shall authorize the Department of Revenue to 148 (a) A qualifying private fund must annually report to the
120 issue tax credits to the qualifying private fund. 149 department for each qualifying investment for 5 years after
121 (c) The Department of Revenue may not issue more than one- 150 authorization to receive credits. Failure to do so will result
122 fifth of the tax credits authorized for a qualifying investment 151 in the qualifying private fund’s tax credit being revoked.
123 in a qualifying portfolio company in a fiscal year. 152 (b) In order to receive a tax credit, a qualifying fund
124 (d) Credits received pursuant to this section may be 153 must submit to the department the following:
125 applied against the qualifying private fund’s corporate income 154 1. A certification that there have been no material changes
126 tax liability. A qualifying private fund may elect to sell or 155 to the information contained in the application or, if material
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156 changes have occurred since the submission of the application, a 185 fund and the Department of Revenue. The qualifying private fund
157 disclosure containing all material changes. 186 must repay to the department an amount equal to 100 percent of
158 2. Documentation supporting the total number of full-time 187 the tax credits authorized by the department and claimed by a
159 equivalent employees employed by the qualifying portfolio 188 qualifying portfolio company for the qualifying investment.
160 company. 189 Recaptured funds must be deposited into the General Revenue
161 3. Documentation supporting the total number of full-time 190 Fund.
162 equivalent employees employed in this state by the qualifying 191 (10) CONSTRUCTION.—For purposes of this section and part
163 portfolio company. 192 III of chapter 692, committed capital invested in a qualifying
164 4. Documentation supporting that the qualifying private 193 portfolio company by a venture capital fund may not be construed
165 fund has not exited its position from the qualifying portfolio 194 as having ownership of the qualifying portfolio company.
166 company through acquisition by a company not based in this 195 (11) REPORTING.—Beginning December 30, 2026, the department
167 state. 196 shall include the amounts of tax credits authorized and
168 (9) SANCTIONS.— 197 received, the total number of jobs created, and the total number
169 (a) If a qualifying investment fails to meet the 198 of jobs created in this state in its annual incentives report
170 requirements of paragraph (8)(a) or paragraph (8)(b), the 199 required under s. 288.0065.
171 department must revoke its approval of tax credits for the 200 (12) PRIORITY OF TAX CREDITS.—Fifty percent of the tax
172 qualifying investment. The department shall issue a notice of 201 credits provided in this section must be made available from
173 revocation and recapture to the qualifying private fund and the 202 July 1 to December 31 of each year to provide tax credits for
174 Department of Revenue. The qualifying private fund must repay to 203 qualifying investments in qualifying portfolio companies located
175 the department an amount equal to 50 percent of the tax credits 204 in rural communities as defined in s. 288.0656(2). All remaining
176 authorized by the department and claimed by a qualifying 205 tax credits must be made available from January 1 to June 30 of
177 portfolio company for the qualifying investment. Recaptured 206 each year on a first-come, first-served basis, subject to the
178 funds must be deposited into the General Revenue Fund. 207 eligibility of the qualifying investment.
179 (b) If the department determines that the qualifying 208 (13) RULEMAKING.—The department is authorized to adopt
180 private fund submitted any false statement, representation, or 209 rules to implement this section.
181 certification in any application as provided in paragraph 210
182 (7)(e), the department must revoke its approval of tax credits 211 ================= T I T L E A M E N D M E N T ================
183 for the qualifying investment. The department shall issue a 212 And the title is amended as follows:
184 notice of revocation and recapture to the qualifying private 213 Delete lines 179 - 192
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214 and insert: 243 credits be made available during a specified period of
215 previously granted tax credits; requiring the 244 time on a first-come, first-served basis, subject to
216 qualifying private fund to notify the Department of 245 eligibility of the qualifying investment; authorizing
217 Revenue of any change in its tax credit claimed; 246 the department to
218 requiring that a qualifying private fund annually
219 report to the department for each investment within a
220 specified timeframe in order to remain eligible to
221 receive tax credits; providing that failure to do so
222 will result in the qualifying private fund’s tax
223 credit being revoked; requiring a qualifying private
224 fund to submit specified information to the department
225 in order to receive a tax credit; requiring the
226 department to revoke its approval of tax credits for
227 the qualifying investment if it fails to meet certain
228 requirements; requiring the department to issue a
229 notice of revocation and recapture to the qualifying
230 private fund and the Department of Revenue; requiring
231 such qualifying private fund to repay to the
232 department an amount equal to a certain percent of the
233 tax credits authorized by the department and claimed
234 by a qualifying portfolio company for the qualifying
235 investment; requiring that such funds be deposited
236 into the General Revenue Fund; providing construction;
237 requiring the department to include specified
238 information in its annual incentives report beginning
239 on a specified date and annually thereafter; requiring
240 that a certain percentage of tax credits be made
241 available during a specified period of time for a
242 specified purpose; requiring that all remaining tax
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By Senator Collins
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1 A bill to be entitled 30 responsibilities of the office; amending s. 212.08,
2 An act relating to rural and urban business 31 F.S.; deleting a prohibition that the Department of
3 enterprises; repealing ss. 24.113, 186.501, 186.502, 32 Revenue may not issue temporary tax exemption
4 186.503, 186.504, 186.505, 186.506, 186.507, 186.508, 33 certificates after a specified date; amending s.
5 186.509, 186.511, 186.512, 186.513, 186.515, 288.706, 34 215.559, F.S.; requiring the Division of Emergency
6 288.7094, 288.7102, 288.71025, 288.7103, and 288.714, 35 Management to give funding priority to projects for
7 F.S., relating to minority participation; a short 36 the Hurricane Loss Mitigation Program in regional
8 title; legislative findings and public purpose; 37 planning council regions as such regions existed on a
9 definitions relating to the Florida Regional Planning 38 specified date; amending s. 252.385, F.S.; requiring
10 Council Act; regional planning councils, creation, and 39 that the statewide emergency shelter plan identify the
11 membership; regional planning councils, powers and 40 general location and square footage of special needs
12 duties; the Executive Office of the Governor, powers 41 shelters by regional planning council regions, as such
13 and duties; strategic regional policy plans; strategic 42 regions existed on a specified date, during the next 5
14 regional policy plan adoption, consistency with state 43 years; requiring that state funds be maximized and
15 comprehensive plan; dispute resolution process; 44 targeted to regional planning council regions as such
16 evaluation of strategic regional policy plan, changes 45 regions existed on a specified date; amending s.
17 in plan; designation of regional planning councils; 46 253.025, F.S.; providing an exemption for Federal
18 reports; creation of regional planning councils under 47 Government agencies regarding land being reverted to
19 ch. 163, F.S.; the Florida Minority Business Loan 48 the Board of Trustees of the Internal Improvement
20 Mobilization Program; black business investment 49 Trust Fund if land conveyances are at less than the
21 corporations; the Black Business Loan Program; 50 appraised value; amending s. 287.012, F.S.; revising
22 prohibited acts and penalties; eligibility for a loan, 51 the definition of the term “minority business
23 loan guarantee, or investment; and quarterly and 52 enterprise”; defining the term “related immediate
24 annual reports, respectively; amending s. 20.60, F.S.; 53 family group”; amending s. 287.042, F.S.; conforming
25 revising the purpose of the Department of Commerce; 54 provisions to changes made by the act; amending s.
26 revising the responsibilities of the Division of 55 287.0931, F.S.; revising the definition of the term
27 Economic Development within the department; assigning 56 “minority person”; conforming provisions to changes
28 responsibility to the division for the Office of 57 made by the act; amending s. 287.09451, F.S.; revising
29 Secure Florida within the department; specifying the 58 legislative findings; renaming the Office of Supplier
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59 Diversity as the Office of Supplier Development; 88 authorizing the department to reimburse recipients for
60 specifying that the purpose and duties of the office 89 specified costs through direct payment methods;
61 are to assist rural or urban business enterprises, 90 authorizing the department to adopt rules; amending s.
62 rather than minority business enterprises; conforming 91 288.1167, F.S.; revising the sports franchise contract
63 a provision to changes made by the act; making 92 provisions for food and beverage concession and
64 technical changes; amending s. 287.0947, F.S.; 93 contract awards; amending s. 288.12266, F.S.; revising
65 renaming the Florida Advisory Council on Small and 94 the purpose of the Targeted Marketing Assistance
66 Minority Business Development as the Florida Advisory 95 Program to include businesses in rural or urban areas;
67 Council on Small, Rural, and Urban Business 96 amending s. 288.1229, F.S.; revising the
68 Development; revising the composition of the council’s 97 representational criteria for the board of directors
69 membership; revising the council’s powers and duties; 98 of the Florida Sports Foundation; amending s. 288.124,
70 conforming a cross-reference; amending s. 288.001, 99 F.S.; deleting a requirement that the Florida Tourism
71 F.S.; revising the criteria for membership of the 100 Industry Marketing Corporation give preference to
72 statewide advisory board of the Florida Small Business 101 specified governments and groups seeking to attract
73 Development Center Network; amending s. 288.0065, 102 minority conventions in this state; amending s.
74 F.S.; revising what information must be included in 103 288.7015, F.S.; revising the duties of the state’s
75 the department’s annual incentives report; amending s. 104 rules ombudsman; amending s. 288.702, F.S.; renaming
76 288.0656, F.S.; revising the definition of the term 105 the Florida Small and Minority Business Assistance Act
77 “rural community”; deleting the Florida Regional 106 as the Florida Small Business Act; conforming a cross-
78 Planning Council Association as an agency that may sit 107 reference; amending s. 288.703, F.S.; defining,
79 on the Rural Economic Development Initiative; creating 108 deleting, and revising terms; amending s. 288.705,
80 s. 288.06562, F.S.; creating the Rural Accelerator 109 F.S.; requiring that the Small Business Development
81 Program within the Department of Commerce; providing a 110 Center, in coordination with Minority Business
82 purpose for the program; requiring the department to 111 Development Centers, compile and distribute certain
83 accept grant applications from certain communities; 112 information to small businesses and businesses located
84 requiring the department to collaborate with the 113 in rural or urban areas, rather than to minority
85 Florida Regional Economic Development Association to 114 businesses; revising the information to be provided by
86 review grant applications; requiring that funds be 115 the Small Business Development Center in its annual
87 distributed by the department for specified purposes; 116 report to the Department of Commerce; amending s.
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117 288.776, F.S.; deleting a membership requirement of 146 capital commitments may only be considered after the
118 the board of directors of the Florida Export Finance 147 follow-on or add-on investment has been deployed;
119 Corporation; creating s. 288.9628, F.S.; providing 148 requiring a qualifying private fund to make a
120 legislative findings; establishing the Research, 149 specified number of qualified investments in a
121 Innovation, Science, and Engineering (RISE) Investment 150 specified number of qualifying portfolio projects to
122 Tax Credit Program within the Department of Commerce; 151 be eligible for a tax credit; specifying the
123 providing the purpose for the program; requiring the 152 information that must be included in the submission by
124 department to coordinate with the Florida Opportunity 153 a qualifying private fund; authorizing a qualifying
125 Fund and the State Board of Administration for a 154 private fund to receive tax credits equivalent to a
126 specified purpose; defining terms; requiring an 155 certain percentage of a qualifying investment in a
127 applicant to apply to the department for authorization 156 qualifying portfolio company; requiring the department
128 to claim tax credits; requiring the department to 157 to authorize the Department of Revenue to issue tax
129 review and act upon such application within a 158 credits to a qualifying private fund if certain
130 specified timeframe; requiring the applicant to 159 requirements are met; prohibiting the Department of
131 provide certain information required by the 160 Revenue from issuing more than a specified fraction of
132 department; specifying the information that must be 161 the tax credits authorized for a qualifying investment
133 included in the application; requiring an applicant to 162 in a qualifying portfolio company in a fiscal year;
134 update its application if there has been a material 163 authorizing credits received to be applied against the
135 change; prohibiting tax credits from exceeding a 164 qualifying private fund’s corporate income tax
136 specified amount in a fiscal year; prohibiting the 165 liability; authorizing a qualifying private fund to
137 department from issuing a tax credit to a qualifying 166 transfer or sell any portion of its tax credit;
138 private fund until the private fund demonstrates it 167 requiring such transfer or sale to take place within a
139 has received its total capital commitment; prohibiting 168 specified timeframe, after which the credit expires;
140 the department from authorizing more than a specified 169 prohibiting such transfer or sale if the department
141 amount of tax credits to a qualifying private fund in 170 authorizes the credit but the Department of Revenue
142 a fiscal year; requiring a qualifying private fund to 171 has not yet issued such credit; authorizing the
143 provide documentation to show that the qualifying 172 department to revoke or modify its previous decisions
144 investment meets the department’s requirements to 173 if it is discovered that the qualifying private fund
145 issue a tax credit; providing that follow-on or add-on 174 submitted any false statement, representation, or
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175 certification in its application or if information in 204 Florida to provide certain goods and services are not
176 a previous application materially changes; requiring 205 state or local government funds; amending s. 331.351,
177 the department to notify the Department of Revenue of 206 F.S.; revising legislative intent that rural or urban
178 any such revocation or modification affecting 207 business enterprises, rather than women, minorities,
179 previously granted tax credits; requiring the notify 208 and socially and economically disadvantaged business
180 the department of any change in its tax credit 209 enterprises, be encouraged to participate fully in
181 claimed; requiring that a qualifying private fund must 210 specified development; amending s. 445.004, F.S.;
182 annually report to the department for each investment 211 deleting minority and gender representation as
183 within a specified timeframe in order to remain 212 criteria for the Governor to consider when choosing
184 eligible to receive tax credits; providing that 213 the members of the state board of CareerSource
185 failure to do so will result in the qualifying private 214 Florida, Inc.; amending s. 445.007, F.S.; deleting
186 fund’s tax credit being revoked; requiring a 215 minority and gender representation as a consideration
187 qualifying private fund to submit specified 216 when making appointments to the local workforce
188 information to the department in order to receive a 217 development boards or to any committees established by
189 tax credit; providing construction; requiring the 218 the local workforce development board; amending s.
190 department to include specified information in its 219 445.08, F.S.; revising the minimum eligibility
191 annual incentives report beginning on a specified date 220 requirements for the Florida Law Enforcement
192 and annually thereafter; authorizing the department to 221 Recruitment Bonus Payment Program for newly employed
193 adopt rules; amending s. 290.0056, F.S.; conforming 222 law enforcement officers; deleting an expiration date;
194 provisions to changes made by the act; amending s. 223 amending s. 447.203, F.S.; revising the definition of
195 290.0057, F.S.; revising enterprise zone development 224 the term “managerial employees”; authorizing local
196 plan requirements to include business investment 225 governments to enter into agreements to create
197 corporations in rural or urban areas; amending s. 226 regional planning entities; amending ss. 17.11,
198 331.302, F.S.; providing that Space Florida is not an 227 68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177,
199 agency for purposes of its ability to bid and contract 228 163.3178, 163.3184, 163.3245, 163.568, 164.1031,
200 for certain professional and construction services 229 186.003, 186.006, 186.007, 186.008, 186.803, 187.201,
201 under certain circumstances, and is therefore exempt 230 218.32, 255.101, 255.102, 258.501, 260.0142, 287.042,
202 from certain requirements; providing that monies 231 287.055, 287.057, 287.0943, 288.7031, 288.975,
203 received by the person under contract with Space 232 290.004, 320.08058, 320.63, 335.188, 339.155, 339.175,
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233 339.285, 339.63, 339.64, 341.041, 343.54, 366.93, 262 actions, respectively, to incorporate the amendment
234 369.303, 369.307, 373.309, 373.415, 377.703, 378.411, 263 made to s. 164.1031, F.S., in references thereto;
235 380.031, 380.045, 380.05, 380.055, 380.06, 380.061, 264 reenacting s. 339.2819(1) and (3), F.S., relating to
236 380.07, 380.23, 380.507, 381.986, 403.031, 403.0752, 265 the Transportation Regional Incentive Program, to
237 403.503, 403.50663, 403.507, 403.509, 403.5115, 266 incorporate the amendment made to s. 339.155, F.S., in
238 403.5175, 403.518, 403.522, 403.5251, 403.526, 267 references thereto; reenacting s. 380.0552(5) and (6),
239 403.5271, 403.5272, 403.5363, 403.5365, 403.537, 268 F.S., relating to the Florida Keys Area, to
240 403.704, 403.7225, 403.7226, 403.723, 403.9403, 269 incorporate the amendments made to ss. 380.045 and
241 403.941, 403.9422, 403.973, 408.033, 409.901, 420.609, 270 380.05, F.S., in references thereto; reenacting s.
242 440.45, 473.3065, 501.171, 625.3255, 627.3511, 271 403.5064(1)(a), F.S., relating to application
243 641.217, 657.042, 658.67, 947.02, 947.021, 1004.435, 272 schedules, to incorporate the amendment made to s.
244 and 1013.30, F.S.; conforming provisions to changes 273 403.507, F.S., in a reference thereto; reenacting ss.
245 made by the act; revising and conforming cross- 274 403.5251(1)(a) and 403.5271(1)(d) and (f), F.S.,
246 references; making technical changes; reenacting ss. 275 relating to application schedules and alternate
247 215.971(1)(h), 257.193(2), 288.0655(2)(b), and 276 corridors, respectively, to incorporate the amendment
248 627.6699(14)(d), relating to agreements funded with 277 made to s. 403.526, F.S., in references thereto;
249 federal or state assistance, the Community Libraries 278 reenacting s. 403.9421(5)(c), F.S., relating to fees
250 in Caring Program, the Rural Infrastructure Fund, and 279 and disposition, to incorporate the amendment made to
251 the Employee Health Care Access Act, respectively, to 280 s. 403.941, F.S., in a reference thereto; providing an
252 incorporate the amendment made to s. 288.0656, F.S., 281 effective date.
253 in references thereto; reenacting s. 288.0001(2)(b), 282
254 F.S., relating to the Economic Development Programs 283 Be It Enacted by the Legislature of the State of Florida:
255 Evaluation, to incorporate the amendments made to ss. 284
256 288.1167 and 288.124, F.S., in references thereto; 285 Section 1. Section 24.113, Florida Statutes, is repealed.
257 reenacting s. 110.205(2)(w), F.S., relating to career 286 Section 2. Section 186.501, Florida Statutes, is repealed.
258 service exemptions, to incorporate the amendment made 287 Section 3. Section 186.502, Florida Statutes, is repealed.
259 to s. 447.203, F.S., in references thereto; reenacting 288 Section 4. Section 186.503, Florida Statutes, is repealed.
260 ss. 163.3162(2)(d) and 373.129(8), F.S., relating to 289 Section 5. Section 186.504, Florida Statutes, is repealed.
261 agricultural lands and practices and maintenance of 290 Section 6. Section 186.505, Florida Statutes, is repealed.
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291 Section 7. Section 186.506, Florida Statutes, is repealed. 320 accomplish such purposes, the department shall:
292 Section 8. Section 186.507, Florida Statutes, is repealed. 321 (e) Manage the activities of public-private partnerships
293 Section 9. Section 186.508, Florida Statutes, is repealed. 322 and state agencies in order to avoid duplication and promote
294 Section 10. Section 186.509, Florida Statutes, is repealed. 323 coordinated and consistent implementation of programs in areas
295 Section 11. Section 186.511, Florida Statutes, is repealed. 324 including, but not limited to, tourism; international trade and
296 Section 12. Section 186.512, Florida Statutes, is repealed. 325 investment; business recruitment, creation, retention, and
297 Section 13. Section 186.513, Florida Statutes, is repealed. 326 expansion; minority and small business development; business
298 Section 14. Section 186.515, Florida Statutes, is repealed. 327 development in rural or urban areas; defense, space, and
299 Section 15. Section 288.706, Florida Statutes, is repealed. 328 aerospace development; rural community development; and the
300 Section 16. Section 288.7094, Florida Statutes, is 329 development and promotion of professional and amateur sporting
301 repealed. 330 events.
302 Section 17. Section 288.7102, Florida Statutes, is 331 (k) Assist, promote, and enhance economic opportunities for
303 repealed. 332 this state’s minority-owned businesses and rural or and urban
304 Section 18. Section 288.71025, Florida Statutes, is 333 communities.
305 repealed. 334 (5) The divisions within the department have specific
306 Section 19. Section 288.7103, Florida Statutes, is 335 responsibilities to achieve the duties, responsibilities, and
307 repealed. 336 goals of the department. Specifically:
308 Section 20. Section 288.714, Florida Statutes, is repealed. 337 (a) The Division of Economic Development shall:
309 Section 21. Paragraphs (e) and (k) of subsection (4) and 338 1. Analyze and evaluate business prospects identified by
310 paragraph (a) of subsection (5) of section 20.60, Florida 339 the Governor and the secretary.
311 Statutes, are amended to read: 340 2. Administer certain tax refund, tax credit, and grant
312 20.60 Department of Commerce; creation; powers and duties.— 341 programs created in law. Notwithstanding any other provision of
313 (4) The purpose of the department is to assist the Governor 342 law, the department may expend interest earned from the
314 in working with the Legislature, state agencies, business 343 investment of program funds deposited in the Grants and
315 leaders, and economic development professionals to formulate and 344 Donations Trust Fund to contract for the administration of those
316 implement coherent and consistent policies and strategies 345 programs, or portions of the programs, assigned to the
317 designed to promote economic opportunities for all Floridians. 346 department by law, by the appropriations process, or by the
318 The department is the state’s chief agency for business 347 Governor. Such expenditures are shall be subject to review under
319 recruitment and expansion and economic development. To 348 chapter 216.
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349 3. Develop measurement protocols for the state incentive 378 economic development of the state with increased emphasis in
350 programs and for the contracted entities which will be used to 379 market research and information.
351 determine their performance and competitive value to the state. 380 e. Plans for the generation of foreign investment in the
352 Performance measures, benchmarks, and sanctions must be 381 state which create jobs paying above-average wages and which
353 developed in consultation with the legislative appropriations 382 result in reverse investment in the state, including programs
354 committees and the appropriate substantive committees, and are 383 that establish viable overseas markets, assist in meeting the
355 subject to the review and approval process provided in s. 384 financing requirements of export-ready firms, broaden
356 216.177. The approved performance measures, standards, and 385 opportunities for international joint venture relationships, use
357 sanctions must shall be included and made a part of the 386 the resources of academic and other institutions, coordinate
358 strategic plan for contracts entered into for delivery of 387 trade assistance and facilitation services, and facilitate
359 programs authorized by this section. 388 availability of and access to education and training programs
360 4. Develop a 5-year statewide strategic plan. The strategic 389 that assure requisite skills and competencies necessary to
361 plan must include, but need not be limited to: 390 compete successfully in the global marketplace.
362 a. Strategies for the promotion of business formation, 391 f. The identification of business sectors that are of
363 expansion, recruitment, and retention through aggressive 392 current or future importance to the state’s economy and to the
364 marketing, attraction of venture capital and finance 393 state’s global business image, and development of specific
365 development, domestic trade, international development, and 394 strategies to promote the development of such sectors.
366 export assistance, which lead to more and better jobs and higher 395 g. Strategies for talent development necessary in the state
367 wages for all geographic regions, disadvantaged communities, and 396 to encourage economic development growth, taking into account
368 populations of the state, including rural areas, minority 397 factors such as the state’s talent supply chain, education and
369 businesses, and urban core areas. 398 training opportunities, and available workforce.
370 b. The development of realistic policies and programs to 399 h. Strategies and plans to support this state’s defense,
371 further the economic diversity of the state, its regions, and 400 space, and aerospace industries and the emerging complementary
372 their associated industrial clusters. 401 business activities and industries that support the development
373 c. Specific provisions for the stimulation of economic 402 and growth of defense, space, and aerospace in this state.
374 development and job creation in rural areas and midsize cities 403 5. Update the strategic plan every 5 years.
375 and counties of the state, including strategies for rural 404 6. Involve CareerSource Florida, Inc.; direct-support
376 marketing and the development of infrastructure in rural areas. 405 organizations of the department; local governments; the general
377 d. Provisions for the promotion of the successful long-term 406 public; local and regional economic development organizations;
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407 other local, state, and federal economic, international, and 436 solely for owners or tenants of a data center to operate their
408 workforce development entities; the business community; and 437 computer server equipment. The term does not include any
409 educational institutions to assist with the strategic plan. 438 ancillary load for cooling, lighting, common areas, or other
410 7. Coordinate with the Florida Tourism Industry Marketing 439 equipment.
411 Corporation in the development of the 4-year marketing plan 440 b. “Cumulative capital investment” means the combined total
412 pursuant to s. 288.1226(13). 441 of all expenses incurred by the owners or tenants of a data
413 8. Administer and manage relationships, as appropriate, 442 center after July 1, 2017, in connection with acquiring,
414 with the entities and programs created pursuant to the Florida 443 constructing, installing, equipping, or expanding the data
415 Capital Formation Act, ss. 288.9621-288.96255. 444 center. However, the term does not include any expenses incurred
416 9. Establish the Office of Secure Florida. The office is 445 in the acquisition of improved real property operating as a data
417 responsible for administering and enforcing: 446 center at the time of acquisition or within 6 months before the
418 a. E-Verify and employment authorization compliance, as set 447 acquisition.
419 forth in ss. 448.09 and 448.095. 448 c. “Data center” means a facility that:
420 b. The prohibition against the purchase and registration of 449 (I) Consists of one or more contiguous parcels in this
421 real property in this state by foreign principals, as set forth 450 state, along with the buildings, substations and other
422 in ss. 692.203 and 692.204. 451 infrastructure, fixtures, and personal property located on the
423 Section 22. Paragraph (r) of subsection (5) of section 452 parcels;
424 212.08, Florida Statutes, is amended to read: 453 (II) Is used exclusively to house and operate equipment
425 212.08 Sales, rental, use, consumption, distribution, and 454 that receives, stores, aggregates, manages, processes,
426 storage tax; specified exemptions.—The sale at retail, the 455 transforms, retrieves, researches, or transmits data; or that is
427 rental, the use, the consumption, the distribution, and the 456 necessary for the proper operation of equipment that receives,
428 storage to be used or consumed in this state of the following 457 stores, aggregates, manages, processes, transforms, retrieves,
429 are hereby specifically exempt from the tax imposed by this 458 researches, or transmits data;
430 chapter. 459 (III) Has a critical IT load of 15 megawatts or higher, and
431 (5) EXEMPTIONS; ACCOUNT OF USE.— 460 a critical IT load of 1 megawatt or higher dedicated to each
432 (r) Data center property.— 461 individual owner or tenant within the data center; and
433 1. As used in this paragraph, the term: 462 (IV) Is constructed on or after July 1, 2017.
434 a. “Critical IT load” means that portion of electric power 463 d. “Data center property” means property used exclusively
435 capacity, expressed in terms of megawatts, which is reserved 464 at a data center to construct, outfit, operate, support, power,
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465 cool, dehumidify, secure, or protect a data center and any 494 paragraph. Upon satisfaction of all requirements of subparagraph
466 contiguous dedicated substations. The term includes, but is not 495 2., the certificateholder must deliver the temporary tax
467 limited to, construction materials, component parts, machinery, 496 certificate to the department together with documentation
468 equipment, computers, servers, installations, redundancies, and 497 sufficient to show the satisfaction of the requirements. Such
469 operating or enabling software, including any replacements, 498 documentation must include written declarations, pursuant to s.
470 updates and new versions, and upgrades to or for such property, 499 92.525, from:
471 regardless of whether the property is a fixture or is otherwise 500 (A) A professional engineer, licensed pursuant to chapter
472 affixed to or incorporated into real property. The term also 501 471, certifying that the critical IT load requirement set forth
473 includes electricity used exclusively at a data center. 502 in subparagraph 2. has been satisfied at the data center; and
474 2. Data center property is exempt from the tax imposed by 503 (B) A Florida certified public accountant, as defined in s.
475 this chapter, except for the tax imposed by s. 212.031. To be 504 473.302, certifying that the cumulative capital investment
476 eligible for the exemption provided by this paragraph, the data 505 requirement set forth in subparagraph 2. has been satisfied for
477 center’s owners and tenants must make a cumulative capital 506 the data center.
478 investment of $150 million or more for the data center and the 507
479 data center must have a critical IT load of 15 megawatts or 508 The professional engineer and the Florida certified public
480 higher and a critical IT load of 1 megawatt or higher dedicated 509 accountant may not be professionally related with the data
481 to each individual owner or tenant within the data center. Each 510 center’s owners, tenants, or contractors, except that they may
482 of these requirements must be satisfied no later than 5 years 511 be retained by a data center owner to certify that the
483 after the commencement of construction of the data center. 512 requirements of subparagraph 2. have been met.
484 3.a. To receive the exemption provided by this paragraph, 513 (II) If the department determines that the subparagraph 2.
485 the person seeking the exemption must apply to the department 514 requirements have been satisfied, the department must issue a
486 for a temporary tax exemption certificate. The application must 515 permanent tax exemption certificate.
487 state that a qualifying data center designation is being sought 516 (III) Notwithstanding s. 212.084(4), the permanent tax
488 and provide information that the requirements of subparagraph 2. 517 exemption certificate remains valid and effective for as long as
489 will be met. Upon a tentative determination by the department 518 the data center described in the exemption application continues
490 that the data center will meet the requirements of subparagraph 519 to operate as a data center as defined in subparagraph 1., with
491 2., the department must issue the certificate. 520 review by the department every 5 years to ensure compliance. As
492 b.(I) The certificateholder shall maintain all necessary 521 part of the review, the certificateholder shall, within 3 months
493 books and records to support the exemption provided by this 522 before the end of any 5-year period, submit a written
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523 declaration, pursuant to s. 92.525, certifying that the critical 552 items eligible for exemption, the purchaser, lessee, or renter
524 IT load of 15 megawatts or higher and the critical IT load of 1 553 shall provide to the seller a copy of the tax exemption
525 megawatt or higher dedicated to each individual owner or tenant 554 certificate and a signed certificate of entitlement. Purchasers,
526 within the data center required by subparagraph 2. continues to 555 lessees, and renters with self-accrual authority shall maintain
527 be met. All owners, tenants, contractors, and others purchasing 556 all documentation necessary to prove the exempt status of
528 exempt data center property shall maintain all necessary books 557 purchases.
529 and records to support the exemption as to those purchases. 558 e. For any purchase, lease, or rental of property that is
530 (IV) Notwithstanding s. 213.053, the department may share 559 exempt pursuant to this paragraph, the possession of a copy of a
531 information concerning a temporary or permanent data center 560 tax exemption certificate issued pursuant to sub-subparagraph a.
532 exemption certificate among all owners, tenants, contractors, 561 or sub-subparagraph b. and a signed certificate of entitlement
533 and others purchasing exempt data center property pursuant to 562 relieves the seller of the responsibility of collecting the tax
534 such certificate. 563 on the sale, lease, or rental of such property, and the
535 c. If, in an audit conducted by the department, it is 564 department must look solely to the purchaser, renter, or lessee
536 determined that the certificateholder or any owners, tenants, 565 for recovery of the tax if it determines that the purchase,
537 contractors, or others purchasing, renting, or leasing data 566 rental, or lease was not entitled to the exemption.
538 center property do not meet the criteria of this paragraph, the 567 4. After June 30, 2027, the department may not issue a
539 amount of taxes exempted at the time of purchase, rental, or 568 temporary tax exemption certificate pursuant to this paragraph.
540 lease is immediately due and payable to the department from the 569 Section 23. Paragraph (b) of subsection (1) of section
541 purchaser, renter, or lessee of those particular items, together 570 215.559, Florida Statutes, is amended to read:
542 with the appropriate interest and penalty computed from the date 571 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
543 of purchase in the manner prescribed by this chapter. 572 Mitigation Program is established in the Division of Emergency
544 Notwithstanding s. 95.091(3)(a), any tax due as provided in this 573 Management.
545 sub-subparagraph may be assessed by the department within 6 574 (1) The Legislature shall annually appropriate $10 million
546 years after the date the data center property was purchased. 575 of the moneys authorized for appropriation under s.
547 d. Purchasers, lessees, and renters of data center property 576 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
548 who qualify for the exemption provided by this paragraph shall 577 division for the purposes set forth in this section. Of the
549 obtain from the data center a copy of the tax exemption 578 amount:
550 certificate issued pursuant to sub-subparagraph a. or sub- 579 (b) Three million dollars in funds shall be used to
551 subparagraph b. Before or at the time of purchase of the item or 580 construct or retrofit facilities used as public hurricane
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581 shelters. Each year the division shall prioritize the use of 610 (3) The division shall annually provide to the President of
582 these funds for projects included in the annual report of the 611 the Senate, the Speaker of the House of Representatives, and the
583 Shelter Development Report prepared in accordance with s. 612 Governor a list of facilities recommended to be retrofitted
584 252.385(3). The division must give funding priority to projects 613 using state funds. State funds must should be maximized and
585 in regional planning council regions, as such regions existed on 614 targeted to regional planning council regions, as such regions
586 January 1, 2025, that have shelter deficits and to projects that 615 existed on January 1, 2025, with hurricane evacuation shelter
587 maximize the use of state funds. 616 deficits. The owner or lessee of a public hurricane evacuation
588 Section 24. Paragraph (b) of subsection (2) and subsection 617 shelter that is included on the list of facilities recommended
589 (3) of section 252.385, Florida Statutes, are amended to read: 618 for retrofitting is not required to perform any recommended
590 252.385 Public shelter space; public records exemption.— 619 improvements.
591 (2) 620 Section 25. Paragraph (d) of subsection (21) of section
592 (b) By January 31 of each even-numbered year, the division 621 253.025, Florida Statutes, is amended to read:
593 shall prepare and submit a statewide emergency shelter plan to 622 253.025 Acquisition of state lands.—
594 the Governor and Cabinet for approval, subject to the 623 (21)
595 requirements for approval in s. 1013.37(2). The emergency 624 (d) A conveyance at less than appraised value must state
596 shelter plan must project, for each of the next 5 years, the 625 that the land will revert to the board of trustees if the land
597 hurricane shelter needs of the state, including periods of time 626 is not used for its intended purposes as a military installation
598 during which a concurrent public health emergency may 627 buffer or if the military installation closes. Federal
599 necessitate more space for each individual to accommodate 628 Government agencies, including the Department of Defense and its
600 physical distancing. In addition to information on the general 629 subordinate Departments of the Army, Navy, and Air Force, and
601 shelter needs throughout this state, the plan must identify the 630 the Department of Homeland Security’s United States Coast Guard,
602 general location and square footage of special needs shelters 631 are exempt from this paragraph if the primary purpose of
603 annually through 2030, by regional planning council region. The 632 remaining as a military installation buffer continues, even
604 plan must also include information on the availability of 633 though the specific military purpose, mission, and function on
605 shelters that accept pets. The Department of Health shall assist 634 the conveyed land is modified or changes from that which was
606 the division in determining the estimated need for special needs 635 present or proposed at the time of the conveyance.
607 shelter space and the adequacy of facilities to meet the needs 636 Section 26. Subsection (18) of section 287.012, Florida
608 of persons with special needs based on information from the 637 Statutes, is amended to read:
609 registries of persons with special needs and other information. 638 287.012 Definitions.—As used in this part, the term:
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639 (18) “Minority business enterprise” means any small 668 department may restrict purchases from some term contracts to
640 business concern that is organized to engage in commercial 669 state agencies only for those term contracts where the inclusion
641 transactions, is domiciled in Florida, and is at least 51- 670 of other governmental entities will have an adverse effect on
642 percent-owned by minority persons who are members of an insular 671 competition or to those federal facilities located in this
643 group that is of a particular racial, ethnic, or gender makeup 672 state. In such planning or purchasing the Office of Supplier
644 or national origin and such group has been subjected 673 Development Diversity may monitor to ensure that opportunities
645 historically to disparate treatment resulting in an 674 are afforded for contracting with rural or urban minority
646 underrepresentation of commercial enterprises under the group’s 675 business enterprises. The department, for state term contracts,
647 control, and the management and daily operations of the minority 676 and all agencies, for multiyear contractual services or term
648 business enterprise are controlled by such persons. A minority 677 contracts, shall explore reasonable and economical means to
649 business enterprise may primarily involve the practice of a 678 utilize certified rural or urban minority business enterprises.
650 profession. Ownership by a minority person does not include 679 Purchases by any county, municipality, private nonprofit
651 ownership that is the result of a transfer from a nonminority 680 community transportation coordinator designated pursuant to
652 person to a minority person within a related immediate family 681 chapter 427, while conducting business related solely to the
653 group if the combined total net asset value of all members of 682 Commission for the Transportation Disadvantaged, or other local
654 such family group exceeds $1 million. For purposes of this 683 public agency under the provisions in the state purchasing
655 subsection, the term “related immediate family group” means one 684 contracts, and purchases, from the corporation operating the
656 or more children under 16 years of age and a parent of such 685 correctional work programs, of products or services that are
657 children or the spouse of such parent residing in the same house 686 subject to paragraph (1)(f), are exempt from the competitive
658 or living unit has the same meaning as provided in s. 288.703. 687 solicitation requirements otherwise applying to their purchases.
659 Section 27. Paragraph (a) of subsection (2) and paragraph 688 (3) To establish a system of coordinated, uniform
660 (b) of subsection (3) of section 287.042, Florida Statutes, are 689 procurement policies, procedures, and practices to be used by
661 amended to read: 690 agencies in acquiring commodities and contractual services,
662 287.042 Powers, duties, and functions.—The department shall 691 which shall include, but not be limited to:
663 have the following powers, duties, and functions: 692 (b)1. Development of procedures for advertising
664 (2)(a) To establish purchasing agreements and procure state 693 solicitations. These procedures must provide for electronic
665 term contracts for commodities and contractual services, 694 posting of solicitations for at least 10 days before the date
666 pursuant to s. 287.057, under which state agencies shall, and 695 set for receipt of bids, proposals, or replies, unless the
667 eligible users may, make purchases pursuant to s. 287.056. The 696 department or other agency determines in writing that a shorter
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697 period of time is necessary to avoid harming the interests of 726 Central America, or the Caribbean, regardless of race.
698 the state. The Office of Supplier Development Diversity may 727 (c) An Asian American, a person having origins in any of
699 consult with the department regarding the development of 728 the original peoples of the Far East, Southeast Asia, the Indian
700 solicitation distribution procedures to ensure that maximum 729 Subcontinent, or the Pacific Islands, including the Hawaiian
701 distribution is afforded to certified minority business 730 Islands before 1778.
702 enterprises as defined in s. 287.012 s. 288.703. 731 (d) A Native American, a person who has origins in any of
703 2. Development of procedures for electronic posting. The 732 the Indian Tribes of North America before 1835, upon
704 department shall designate a centralized website on the Internet 733 presentation of proper documentation thereof, as established by
705 for the department and other agencies to electronically post 734 rule of the Department of Management Services.
706 solicitations, decisions or intended decisions, and other 735 (e) An American woman.
707 matters relating to procurement. 736 Section 29. Section 287.09451, Florida Statutes, is amended
708 Section 28. Subsection (2) of section 287.0931, Florida 737 to read:
709 Statutes, is amended to read: 738 287.09451 Office of Supplier Development Diversity; powers,
710 287.0931 Minority business enterprises; participation in 739 duties, and functions.—
711 bond underwriting.— 740 (1) The Legislature finds that there is evidence of a
712 (2) To meet such participation requirement, the minority 741 systematic pattern of past and continuing racial discrimination
713 firm must have full-time employees located in this state, must 742 against rural or urban minority business enterprises and a
714 have a permanent place of business located in this state, and 743 disparity in the availability and use of such rural or urban
715 must be a firm which is at least 51-percent-owned by minority 744 minority business enterprises in the state procurement system.
716 persons as defined in s. 288.703. However, for the purpose of 745 It is determined to be a compelling state interest to rectify
717 bond underwriting only, the requirement that the minority person 746 such discrimination and disparity. Based upon statistical data
718 be a permanent resident of this state does not apply. For 747 profiling this discrimination, the Legislature has enacted race-
719 purposes of this section, the term “minority person” means a 748 conscious and gender-conscious remedial programs to ensure rural
720 lawful, permanent resident of Florida who is: 749 or urban minority participation in the economic life of the
721 (a) An African American, a person having origins in any of 750 state, in state contracts for the purchase of commodities and
722 the black racial groups of the African Diaspora, regardless of 751 services, and in construction contracts. The purpose and intent
723 cultural origin. 752 of this section is to increase participation by minority
724 (b) A Hispanic American, a person of Spanish or Portuguese 753 business enterprises in rural or urban areas, accomplished by
725 culture with origins in Spain, Portugal, Mexico, South America, 754 encouraging the use of such rural or urban minority business
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755 enterprises and the entry of new and diversified rural or urban 784 organizations; minority contractors’ groups; local, state, and
756 minority business enterprises into the marketplace. 785 federal minority business assistance offices for rural or urban
757 (2) The Office of Supplier Development Diversity is 786 businesses; and other organizations that provide assistance in
758 established within the Department of Management Services to 787 the recruitment and placement of rural or urban minority
759 assist minority business enterprises in rural or urban areas in 788 business enterprises or minority persons.
760 becoming suppliers of commodities, services, and construction to 789 4. Whether the agency provided written notice to a
761 state government. 790 reasonable number of rural or urban minority business
762 (3) The secretary shall appoint an executive director for 791 enterprises that their interest in contracting with the agency
763 the Office of Supplier Development Diversity, who shall serve at 792 was being solicited in sufficient time to allow the rural or
764 the pleasure of the secretary. 793 urban minority business enterprises to participate effectively.
765 (4) The Office of Supplier Development has Diversity shall 794 (b) To adopt rules to determine what constitutes a “good
766 have the following powers, duties, and functions: 795 faith effort” for purposes of contractor compliance with
767 (a) To adopt rules to determine what constitutes a “good 796 contractual requirements relating to the use of services or
768 faith effort” for purposes of state agency compliance with the 797 commodities of a rural or urban minority business enterprise
769 rural or urban minority business enterprise procurement goals 798 under s. 287.094(2). Factors which must shall be considered by
770 set forth in s. 287.042. Factors which must shall be considered 799 the Office of Supplier Development Diversity in determining
771 by the Minority Business Enterprise Assistance Office in 800 whether a contractor has made good faith efforts must shall
772 determining good faith effort must shall include, but are not be 801 include, but are not be limited to:
773 limited to: 802 1. Whether the contractor attended any presolicitation or
774 1. Whether the agency scheduled presolicitation or prebid 803 prebid meetings that were scheduled by the agency to inform
775 meetings for the purpose of informing rural or urban minority 804 rural or urban minority business enterprises of contracting and
776 business enterprises of contracting and subcontracting 805 subcontracting opportunities.
777 opportunities. 806 2. Whether the contractor advertised in general
778 2. Whether the contractor advertised in general 807 circulation, trade association, or rural-focused or urban-
779 circulation, trade association, or rural-focused or urban- 808 focused minority-focus media concerning the subcontracting
780 focused minority-focus media concerning the subcontracting 809 opportunities.
781 opportunities. 810 3. Whether the contractor provided written notice to a
782 3. Whether the agency effectively used services and 811 reasonable number of specific rural or urban minority business
783 resources of available rural or urban minority community 812 enterprises that their interest in the contract was being
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813 solicited in sufficient time to allow the rural or urban 842 minority persons.
814 minority business enterprises to participate effectively. 843 (c) To adopt rules and do all things necessary or
815 4. Whether the contractor followed up initial solicitations 844 convenient to guide all state agencies toward making
816 of interest by contacting rural or urban minority business 845 expenditures for commodities, contractual services,
817 enterprises or minority persons to determine with certainty 846 construction, and architectural and engineering services with
818 whether the rural or urban minority business enterprises or 847 certified rural or urban minority business enterprises in
819 minority persons were interested. 848 accordance with the rural or urban minority business enterprise
820 5. Whether the contractor selected portions of the work to 849 procurement goals set forth in s. 287.042.
821 be performed by rural or urban minority business enterprises in 850 (d) To monitor the degree to which agencies procure
822 order to increase the likelihood of meeting the rural or urban 851 services, commodities, and construction from rural or urban
823 minority business enterprise procurement goals, including, where 852 minority business enterprises in conjunction with the Department
824 appropriate, breaking down contracts into economically feasible 853 of Financial Services as specified in s. 17.11.
825 units to facilitate rural or urban minority business enterprise 854 (e) To receive and disseminate information relative to
826 participation. 855 procurement opportunities, availability of rural or urban
827 6. Whether the contractor provided interested rural or 856 minority business enterprises, and technical assistance.
828 urban minority business enterprises or minority persons with 857 (f) To advise agencies on methods and techniques for
829 adequate information about the plans, specifications, and 858 achieving procurement objectives.
830 requirements of the contract or the availability of jobs. 859 (g) To provide a central rural or urban minority business
831 7. Whether the contractor negotiated in good faith with 860 enterprise certification process which includes independent
832 interested rural or urban minority business enterprises or 861 verification of status as a rural or urban minority business
833 minority persons, not rejecting rural or urban minority business 862 enterprise.
834 enterprises or minority persons as unqualified without sound 863 (h) To develop procedures to investigate complaints against
835 reasons based on a thorough investigation of their capabilities. 864 rural or urban minority business enterprises or contractors
836 8. Whether the contractor effectively used the services of 865 alleged to violate any provision related to this section or s.
837 available rural or urban minority community organizations; rural 866 287.0943, that may include visits to worksites or business
838 or urban minority contractors’ groups; local, state, and federal 867 premises, and to refer all information on businesses suspected
839 rural or urban minority business assistance offices; and other 868 of misrepresenting its rural or urban minority status to the
840 organizations that provide assistance in the recruitment and 869 Department of Management Services for investigation. When an
841 placement of rural or urban minority business enterprises or 870 investigation is completed and there is reason to believe that a
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871 violation has occurred, the matter shall be referred to the 900 planning of agency procurement to determine how best to provide
872 office of the Attorney General, Department of Legal Affairs, for 901 opportunities for rural or urban minority business enterprises.
873 prosecution. 902 4. Integrating technical and managerial assistance for
874 (i) To maintain a directory of all rural or urban minority 903 rural or urban minority business enterprises with government
875 business enterprises which have been certified and provide this 904 contracting opportunities.
876 information to any agency or business requesting it. 905 (m) To certify rural or urban minority business
877 (j) To encourage all firms which do more than $1 million in 906 enterprises, as defined in s. 288.703, and as specified in ss.
878 business with the state within a 12-month period to develop, 907 287.0943 and 287.09431, and shall recertify such minority
879 implement, and submit to this office a rural or urban minority 908 businesses at least once every 2 years. Rural or urban Minority
880 business development plan. 909 business enterprises must be recertified at least once every 2
881 (k) To communicate on a monthly basis with the Small and 910 years. Such certifications may include an electronic signature.
882 Minority Business Advisory Council to keep the council informed 911 (n)1. To develop procedures to be used by an agency in
883 on issues relating to rural or urban minority enterprise 912 identifying commodities, contractual services, architectural and
884 procurement. 913 engineering services, and construction contracts, except those
885 (l) To serve as an advocate for rural or urban minority 914 architectural, engineering, construction, or other related
886 business enterprises, and coordinate with the small and minority 915 services or contracts subject to the provisions of chapter 339,
887 business ombudsman, as defined in s. 288.703, which duties shall 916 that could be provided by rural or urban minority business
888 include: 917 enterprises. Each agency is encouraged to spend 21 percent of
889 1. Ensuring that agencies supported by state funding 918 the moneys actually expended for construction contracts, 25
890 effectively target the delivery of services and resources, as 919 percent of the moneys actually expended for architectural and
891 related to rural or urban minority business enterprises. 920 engineering contracts, 24 percent of the moneys actually
892 2. Establishing standards within each industry with which 921 expended for commodities, and 50.5 percent of the moneys
893 the state government contracts on how agencies and contractors 922 actually expended for contractual services during the previous
894 may provide the maximum practicable opportunity for minority 923 fiscal year, except for the state university construction
895 business enterprises. 924 program which are shall be based upon public education capital
896 3. Assisting agencies and contractors by providing outreach 925 outlay projections for the subsequent fiscal year, and reported
897 to rural or urban minority businesses, by specifying and 926 to the Legislature pursuant to s. 216.023, for the purpose of
898 monitoring technical and managerial competence for rural or 927 entering into contracts with certified rural or urban minority
899 urban minority business enterprises, and by consulting in 928 business enterprises as defined in s. 288.703, or approved joint
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929 ventures. However, in the event of budget reductions pursuant to 958 the goals, based on an updated statistical analysis, at least
930 s. 216.221, the base amounts may be adjusted to reflect such 959 once every 5 years. Such recommendations must shall be based on
931 reductions. The overall spending goal for each industry category 960 statistical data indicating the availability of and disparity in
932 shall be subdivided as follows: 961 the use of rural or urban minority businesses contracting with
933 a. For construction contracts: 4 percent for black 962 the state.
934 Americans, 6 percent for Hispanic-Americans, and 11 percent for 963 3. In determining the base amounts for assessing compliance
935 American women. 964 with this paragraph, the Office of Supplier Development
936 b. For architectural and engineering contracts: 9 percent 965 Diversity may develop, by rule, guidelines for all agencies to
937 for Hispanic-Americans, 1 percent for Asian-Americans, and 15 966 use in establishing such base amounts. These rules must include,
938 percent for American women. 967 but are not limited to, guidelines for calculation of base
939 c. For commodities: 2 percent for black Americans, 4 968 amounts, a deadline for the agencies to submit base amounts, a
940 percent for Hispanic-Americans, 0.5 percent for Asian-Americans, 969 deadline for approval of the base amounts by the Office of
941 0.5 percent for Native Americans, and 17 percent for American 970 Supplier Development Diversity, and procedures for adjusting the
942 women. 971 base amounts as a result of budget reductions made pursuant to
943 d. For contractual services: 6 percent for black Americans, 972 s. 216.221.
944 7 percent for Hispanic-Americans, 1 percent for Asian-Americans, 973 4. To determine guidelines for the use of price
945 0.5 percent for Native Americans, and 36 percent for American 974 preferences, weighted preference formulas, or other preferences,
946 women. 975 as appropriate to the particular industry or trade, to increase
947 2. For the purposes of commodities contracts for the 976 the participation of rural or urban minority businesses in state
948 purchase of equipment to be used in the construction and 977 contracting. These guidelines must shall include consideration
949 maintenance of state transportation facilities involving the 978 of:
950 Department of Transportation, the term terms “certified rural or 979 a. Size and complexity of the project.
951 urban minority business enterprise” has the same meaning as and 980 b. The concentration of transactions with rural or urban
952 “minority person” have the same meanings as provided in s. 981 minority business enterprises for the commodity or contractual
953 288.703. In order to ensure that the goals established under 982 services in question in prior agency contracting.
954 this paragraph for contracting with certified rural or urban 983 c. The specificity and definition of work allocated to
955 minority business enterprises are met, the department, with the 984 participating rural or urban minority business enterprises.
956 assistance of the Office of Supplier Development Diversity, 985 d. The capacity of participating rural or urban minority
957 shall make recommendations to the Legislature on revisions to 986 business enterprises to complete the tasks identified in the
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987 project. 1016 (o)1. To establish a system to record and measure the use
988 e. The available pool of rural or urban minority business 1017 of certified rural or urban minority business enterprises in
989 enterprises as prime contractors, either alone or as partners in 1018 state contracting. This system must shall maintain information
990 an approved joint venture that serves as the prime contractor. 1019 and statistics on certified rural or urban minority business
991 5. To determine guidelines for use of joint ventures to 1020 enterprise participation, awards, dollar volume of expenditures
992 meet rural or urban minority business enterprises spending 1021 and agency goals, and other appropriate types of information to
993 goals. For purposes of this section, the term “joint venture” 1022 analyze progress in the access of certified rural or urban
994 means any association of two or more business concerns to carry 1023 minority business enterprises to state contracts and to monitor
995 out a single business enterprise for profit, for which purpose 1024 agency compliance with this section. Such reporting must
996 they combine their property, capital, efforts, skills, and 1025 include, but is not limited to, the identification of all
997 knowledge. The guidelines must shall allow transactions with 1026 subcontracts in state contracting by dollar amount and by number
998 joint ventures to be eligible for credit against the rural or 1027 of subcontracts and the identification of the utilization of
999 urban minority business enterprise goals of an agency when the 1028 certified rural or urban minority business enterprises as prime
1000 contracting joint venture demonstrates that at least one partner 1029 contractors and subcontractors by dollar amounts of contracts
1001 to the joint venture is a certified rural or urban minority 1030 and subcontracts, number of contracts and subcontracts, minority
1002 business enterprise as defined in s. 288.703, and that such 1031 status, industry, and any conditions or circumstances that
1003 partner is responsible for a clearly defined portion of the work 1032 significantly affected the performance of subcontractors.
1004 to be performed, and shares in the ownership, control, 1033 Agencies shall report their compliance with the requirements of
1005 management, responsibilities, risks, and profits of the joint 1034 this reporting system at least annually and at the request of
1006 venture. Such demonstration must shall be by verifiable 1035 the office. All agencies shall cooperate with the office in
1007 documents and sworn statements and may be reviewed by the Office 1036 establishing this reporting system. Except in construction
1008 of Supplier Development Diversity at or before the time a 1037 contracting, all agencies shall review contracts costing in
1009 contract bid, proposal, or reply is submitted. An agency may 1038 excess of CATEGORY FOUR as defined in s. 287.017 to determine
1010 count toward its rural or urban minority business enterprise 1039 whether if such contracts could be divided into smaller
1011 goals a portion of the total dollar amount of a contract equal 1040 contracts to be separately solicited and awarded, and shall,
1012 to the percentage of the ownership and control held by the 1041 when economical, offer such smaller contracts to encourage rural
1013 qualifying certified rural or urban minority business partners 1042 or urban minority participation.
1014 in the contracting joint venture, so long as the joint venture 1043 2. To report agency compliance with the provisions of
1015 meets the guidelines adopted by the office. 1044 subparagraph 1. for the preceding fiscal year to the Governor
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1045 and Cabinet, the President of the Senate, and the Speaker of the 1074 determines that the proposed procurement will not likely allow
1046 House of Representatives on or before February 1 of each year. 1075 opportunities for rural or urban minority business enterprises,
1047 The report must contain, at a minimum, the following: 1076 the office may, within 20 days after it receives the information
1048 a. Total expenditures of each agency by industry. 1077 specified in paragraph (a), propose the implementation of rural
1049 b. The dollar amount and percentage of contracts awarded to 1078 or urban minority business enterprise utilization provisions or
1050 certified rural or urban minority business enterprises by each 1079 submit alternative procurement methods that would significantly
1051 state agency. 1080 increase rural or urban minority business enterprise contracting
1052 c. The dollar amount and percentage of contracts awarded 1081 opportunities.
1053 indirectly to certified rural or urban minority business 1082 (c) Whenever the agency and the Office of Supplier
1054 enterprises as subcontractors by each state agency. 1083 Development Diversity disagree, the matter must shall be
1055 d. The total dollar amount and percentage of contracts 1084 submitted for determination to the head of the agency or the
1056 awarded to certified rural or urban minority business 1085 senior-level official designated pursuant to this section as
1057 enterprises, whether directly or indirectly, as subcontractors. 1086 liaison for rural or urban minority business enterprise issues.
1058 e. A statement and assessment of good faith efforts taken 1087 (d) If the proposed procurement proceeds to competitive
1059 by each state agency. 1088 solicitation, the office is hereby granted standing to protest,
1060 f. A status report of agency compliance with subsection 1089 pursuant to this section, in a timely manner, any contract award
1061 (6), as determined by the Minority Business Enterprise Office. 1090 during competitive solicitation for contractual services and
1062 (5)(a) Each agency shall, at the time the specifications or 1091 construction contracts that fail to include rural or urban
1063 designs are developed or contract sizing is determined for any 1092 minority business enterprise participation, if any responsible
1064 proposed procurement costing in excess of CATEGORY FOUR, as 1093 and responsive vendor has demonstrated the ability to achieve
1065 defined in s. 287.017, forward a notice to the Office of 1094 any level of participation, or, any contract award for
1066 Supplier Development Diversity of the proposed procurement and 1095 commodities where, a reasonable and economical opportunity to
1067 any determination on the designs of specifications of the 1096 reserve a contract, statewide or district level, for rural or
1068 proposed procurement that impose requirements on prospective 1097 urban minority participation was not executed or, an agency
1069 vendors, no later than 30 days before prior to the issuance of a 1098 failed to adopt an applicable preference for rural or urban
1070 solicitation, except that this provision does shall not apply to 1099 minority participation. The bond requirement is shall be waived
1071 emergency acquisitions. The 30-day notice period does shall not 1100 for the office purposes of this subsection.
1072 toll the time for any other procedural requirements. 1101 (e) An agency may presume that a vendor offering no rural
1073 (b) If the Office of Supplier Development Diversity 1102 or urban minority participation has not made a good faith effort
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1103 when other vendors offer rural or urban minority participation 1132 Office of Supplier Development Diversity. At a minimum, each
1104 of firms listed as relevant to the agency’s purchasing needs in 1133 agency shall:
1105 the pertinent locality or statewide to complete the project. 1134 (a) Adopt a minority business enterprise utilization plan
1106 (f) Paragraph (a) will not apply when the Office of 1135 for review and approval by the Office of Supplier Development
1107 Supplier Development Diversity determines that an agency has 1136 Diversity which should require meaningful and useful methods to
1108 established a work plan to allow advance consultation and 1137 attain the legislative intent in assisting rural or urban
1109 planning with rural or urban minority business enterprises and 1138 minority business enterprises.
1110 where such plan clearly demonstrates: 1139 (b) Designate a senior-level employee in the agency as a
1111 1. A high level of advance planning by the agency with 1140 rural or urban minority enterprise assistance officer,
1112 rural or urban minority business enterprises. 1141 responsible for overseeing the agency’s rural or urban minority
1113 2. A high level of accessibility, knowledge, and experience 1142 business utilization activities, and who is not also charged
1114 by rural or urban minority business enterprises in the agency’s 1143 with purchasing responsibility. A senior-level agency employee
1115 contract decisionmaking process. 1144 and agency purchasing officials is shall be accountable to the
1116 3. A high quality of agency monitoring and enforcement of 1145 agency head for the agency’s rural or urban minority business
1117 internal implementation of rural or urban minority business 1146 utilization performance. The Office of Supplier Development
1118 utilization provisions. 1147 Diversity shall advise each agency on compliance performance.
1119 4. A high quality of agency monitoring and enforcement of 1148 (c) If an agency deviates significantly from its
1120 contractor utilization of rural or urban minority business 1149 utilization plan in 2 consecutive or 3 out of 5 total fiscal
1121 enterprises, especially tracking subcontractor data, and 1150 years, the Office of Supplier Development Diversity may review
1122 ensuring the integrity of subcontractor reporting. 1151 any and all solicitations and contract awards of the agency as
1123 5. A high quality of agency outreach, agency networking of 1152 deemed necessary until such time as the agency meets its
1124 major vendors with rural or urban minority vendors, and 1153 utilization plan.
1125 innovation in techniques to improve utilization of rural or 1154 Section 30. Section 287.0947, Florida Statutes, is amended
1126 urban minority business enterprises. 1155 to read:
1127 6. Substantial commitment, sensitivity, and proactive 1156 287.0947 Florida Advisory Council on Small, Rural, and
1128 attitude by the agency head and among the agency rural and urban 1157 Urban and Minority Business Development; creation; membership;
1129 minority business staff. 1158 duties.—
1130 (6) Each state agency shall coordinate its rural or urban 1159 (1) The Secretary of Management Services may create the
1131 minority business enterprise procurement activities with the 1160 Florida Advisory Council on Small, Rural, and Urban and Minority
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1161 Business Development with the purpose of advising and assisting 1190 shall be a representative of a large local government, and one
1162 the secretary in carrying out the secretary’s duties with 1191 of whom is shall be a representative of a small local
1163 respect to rural or urban minority businesses and economic and 1192 government.
1164 business development. It is the intent of the Legislature that 1193 (d) Two representatives from the banking and insurance
1165 the membership of such council include practitioners, 1194 industry.
1166 laypersons, financiers, and others with business development 1195 (e) Two members from the private business sector,
1167 experience who can provide invaluable insight and expertise for 1196 representing the construction and commodities industries.
1168 this state in the diversification of its markets and networking 1197 (f) The Secretary of Commerce or his or her designee.
1169 of business opportunities. The council shall initially consist 1198
1170 of 19 persons, each of whom is or has been actively engaged in 1199 A candidate for appointment may be considered if eligible to be
1171 small, rural, and urban and minority business development, 1200 certified as an owner of a rural or urban minority business
1172 either in private industry, in governmental service, or as a 1201 enterprise, or if otherwise qualified under the criteria above.
1173 scholar of recognized achievement in the study of such matters. 1202 Vacancies may be filled by appointment of the secretary, in the
1174 Initially, the council shall be composed consist of members 1203 manner of the original appointment.
1175 representing all regions of this the state and shall include at 1204 (2) Each appointed member shall serve for a term of 2 years
1176 least one member from each group identified within the 1205 from the date of appointment, except that a vacancy must shall
1177 definition of “minority person” in s. 287.0931(2) s. 288.703(4), 1206 be filled by appointment for the remainder of the unexpired
1178 considering also gender and nationality subgroups, and shall be 1207 term. The council shall annually elect a chair and a vice chair.
1179 composed consist of the following: 1208 The council shall adopt internal procedures or bylaws necessary
1180 (a) Four members consisting of representatives of local and 1209 for efficient operations. Members of the council shall serve
1181 federal small, rural, and urban and minority business assistance 1210 without compensation or honorarium but shall be entitled to per
1182 programs or community development programs. 1211 diem and travel expenses pursuant to s. 112.061 for the
1183 (b) Eight members representing composed of representatives 1212 performance of duties for the council. The executive
1184 of the rural and urban minority private business sectors sector, 1213 administrator of the commission may remove a council member for
1185 including certified rural or urban minority business enterprises 1214 cause.
1186 and rural or urban minority supplier development councils, among 1215 (3) Within 30 days after its initial meeting, the council
1187 whom at least two are shall be women and at least four are shall 1216 shall elect from among its members a chair and a vice chair.
1188 be minority persons. 1217 (4) The council shall meet at the call of its chair, at the
1189 (c) Two representatives of local government, one of whom is 1218 request of a majority of its membership, at the request of the
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1219 commission or its executive administrator, or at such times as 1248 those to improve business opportunities for small, rural, and
1220 may be prescribed by rule, but not less than once a year, to 1249 urban and minority business enterprises.
1221 offer its views on issues related to small, rural, and urban and 1250 Section 31. Paragraph (b) of subsection (4) of section
1222 minority business development of concern to this state. A 1251 288.001, Florida Statutes, is amended, and paragraph (b) of
1223 majority of the members of the council shall constitute a 1252 subsection (3) is reenacted, to read:
1224 quorum. 1253 288.001 The Florida Small Business Development Center
1225 (5) The powers and duties of the council include, but are 1254 Network.—
1226 not limited to the following: researching and reviewing the role 1255 (3) OPERATION; POLICIES AND PROGRAMS.—
1227 of small, rural, and urban and minority businesses in the 1256 (b) The network’s statewide director shall consult with the
1228 state’s economy; reviewing issues and emerging topics relating 1257 Board of Governors, the department, and the network’s statewide
1229 to small, rural, and urban and minority business economic 1258 advisory board to ensure that the network’s policies and
1230 development; studying the ability of financial markets and 1259 programs align with the statewide goals of the State University
1231 institutions to meet small business credit needs and determining 1260 System and the statewide strategic economic development plan as
1232 the impact of government demands on credit for small, rural, and 1261 provided under s. 20.60.
1233 urban businesses; assessing the implementation of s. 1262 (4) STATEWIDE ADVISORY BOARD.—
1234 187.201(21), requiring a state economic development 1263 (b) The statewide advisory board shall be composed consist
1235 comprehensive plan, as it relates to small and certified rural 1264 of 19 members from across the state. At least 12 members must be
1236 or urban business enterprises as defined in s. 288.703 minority 1265 representatives of the private sector who are knowledgeable of
1237 businesses; assessing the reasonableness and effectiveness of 1266 the needs and challenges of small businesses. The members must
1238 efforts by any state agency or by all state agencies 1267 represent various segments and industries of the economy in this
1239 collectively to assist minority business enterprises; and 1268 state and must bring knowledge and skills to the statewide
1240 advising the Governor, the secretary, and the Legislature on 1269 advisory board which would enhance the board’s collective
1241 matters relating to small, rural, and urban and minority 1270 knowledge of small business assistance needs and challenges.
1242 business development which are of importance to the 1271 Minority and gender Representation for this state’s rural or
1243 international strategic planning and activities of this state. 1272 urban areas must be considered when making appointments to the
1244 (6) On or before January 1 of each year, the council shall 1273 board. The board must include the following members:
1245 present an annual report to the secretary that sets forth in 1274 1. Three members appointed from the private sector by the
1246 appropriate detail the business transacted by the council during 1275 President of the Senate.
1247 the year and any recommendations to the secretary, including 1276 2. Three members appointed from the private sector by the
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1277 Speaker of the House of Representatives. 1306 businesses in rural or urban areas receiving incentives.
1278 3. Three members appointed from the private sector by the 1307 Section 33. Paragraph (e) of subsection (2) and paragraph
1279 Governor. 1308 (a) of subsection (6) of section 288.0656, Florida Statutes, are
1280 4. Three members appointed from the private sector by the 1309 amended to read:
1281 network’s statewide director. 1310 288.0656 Rural Economic Development Initiative.—
1282 5. One member appointed by the host institution. 1311 (2) As used in this section, the term:
1283 6. The Secretary of Commerce, or his or her designee. 1312 (e) “Rural community” means:
1284 7. The Chief Financial Officer, or his or her designee. 1313 1. A county with a population of 85,000 or less 75,000 or
1285 8. The President of the Florida Chamber of Commerce, or his 1314 fewer.
1286 or her designee. 1315 2. A county with a population of 135,000 or less 125,000 or
1287 9. The Small Business Development Center Project Officer 1316 fewer which is contiguous to a county with a population of
1288 from the U.S. Small Business Administration at the South Florida 1317 85,000 or less 75,000 or fewer.
1289 District Office, or his or her designee. 1318 3. A municipality within a county described in subparagraph
1290 10. The executive director of the National Federation of 1319 1. or subparagraph 2.
1291 Independent Businesses, Florida, or his or her designee. 1320 4. An unincorporated federal enterprise community or an
1292 11. The executive director of the Florida United Business 1321 incorporated rural city with a population of 25,000 or less
1293 Association, or his or her designee. 1322 fewer and an employment base focused on municipalities with at
1294 Section 32. Subsection (8) of section 288.0065, Florida 1323 least 20 traditional agricultural or resource-based industries,
1295 Statutes, is amended to read: 1324 located in a county not defined as rural, which has at least
1296 288.0065 Annual incentives report.—By December 30 of each 1325 three or more of the economic distress factors identified in
1297 year, the department shall provide the Governor, the President 1326 paragraph (c) and verified by the department.
1298 of the Senate, and the Speaker of the House of Representatives a 1327
1299 detailed incentives report quantifying the economic benefits for 1328 For purposes of this paragraph, population must shall be
1300 all of the economic development incentive programs administered 1329 determined in accordance with the most recent official estimate
1301 by the department and its public-private partnerships. The 1330 pursuant to s. 186.901.
1302 annual incentives report must include: 1331 (6)(a) By August 1 of each year, the head of each of the
1303 (8) A description of the trends relating to business 1332 following agencies and organizations shall designate a deputy
1304 interest in, and usage of, the various incentives, and the 1333 secretary or higher-level staff person from within the agency or
1305 number of minority-owned or woman-owned small businesses and 1334 organization to serve as the REDI representative for the agency
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1335 or organization: 1364 (2) The department shall accept grant applications from
1336 1. The Department of Transportation. 1365 communities or counties defined as a rural community in s.
1337 2. The Department of Environmental Protection. 1366 288.0656, as well as local economic development groups applying
1338 3. The Department of Agriculture and Consumer Services. 1367 on behalf of the community.
1339 4. The Department of State. 1368 (3) The department shall collaborate with the Florida
1340 5. The Department of Health. 1369 Regional Economic Development Association to review grant
1341 6. The Department of Children and Families. 1370 applications.
1342 7. The Department of Corrections. 1371 (4) Funds appropriated by the Legislature are distributed
1343 8. The Department of Education. 1372 by the department to rural communities for their use in paying
1344 9. The Department of Juvenile Justice. 1373 marketing expenses or the costs of site readiness.
1345 10. The Fish and Wildlife Conservation Commission. 1374 a. Marketing expenses may include deploying materials
1346 11. Each water management district. 1375 through advertising campaigns, as well as costs associated with
1347 12. CareerSource Florida, Inc. 1376 meetings, trade missions, and professional development
1348 13. VISIT Florida. 1377 affiliated with site preparation and marketing sites to
1349 14. The Florida Regional Planning Council Association. 1378 businesses and site selectors.
1350 14.15. The Agency for Health Care Administration. 1379 b. Site readiness expenses may include clearing title,
1351 15.16. The Institute of Food and Agricultural Sciences 1380 surveys, permitting, environmental studies, and regulatory
1352 (IFAS). 1381 compliance, as well as planning, design, and engineering costs.
1353 1382 It can also include matching funds for federal and private
1354 An alternate for each designee shall also be chosen, and the 1383 grants associated with site preparation and nonrecurring
1355 names of the designees and alternates shall be sent to the 1384 administrative expenses associated with site preparation.
1356 Secretary of Commerce. 1385 (5) The department may reimburse grant recipients for the
1357 Section 34. Section 288.06562, Florida Statutes, is created 1386 allowable costs described in subsection (4) through direct
1358 to read: 1387 payment methods.
1359 288.06562 Rural Accelerator Program.— 1388 (6) The department may adopt rules to implement this
1360 (1) The Rural Accelerator Program is created within the 1389 section.
1361 department to facilitate grant funding for rural communities as 1390 Section 35. Section 288.1167, Florida Statutes, is amended
1362 defined in s. 288.0656 to identify, prepare, and promote sites 1391 to read:
1363 for economic development. 1392 288.1167 Sports franchise contract provisions for food and
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1393 beverage concession and contract awards to minority business 1422 Florida Tourism Industry Marketing Corporation, shall administer
1394 enterprises in rural or urban areas.—Any applicant who receives 1423 the program. The program shall provide marketing plans,
1395 funding pursuant to the provisions of s. 212.20 must demonstrate 1424 marketing assistance, promotional support, media development,
1396 that: 1425 technical expertise, marketing advice, technology training,
1397 (1) Funds and facilities with respect to food and beverage 1426 social marketing support, and other assistance to an eligible
1398 and related concessions shall be awarded to certified rural or 1427 entity.
1399 urban small minority business enterprises as defined in s. 1428 Section 37. Paragraph (b) of subsection (2) of section
1400 288.703 on the same terms and conditions as the general food and 1429 288.1229, Florida Statutes, is amended to read:
1401 beverage concessionaire and in accordance with the minority 1430 288.1229 Promotion and development of sports-related
1402 business enterprise procurement goals set forth in s. 287.09451; 1431 industries and amateur athletics; direct-support organization
1403 (2) At least 15 percent of a company contracted to manage a 1432 established; powers and duties.—
1404 professional sports franchise facility or a spring training 1433 (2) The Florida Sports Foundation must:
1405 franchise facility is owned by certified rural or urban minority 1434 (b) Be governed by a board of directors, which must be
1406 business enterprises or by a minority person as that term is 1435 composed consist of up to 15 members appointed by the Governor.
1407 those terms are defined in s. 288.703; or 1436 In making appointments, the Governor shall must consider a
1408 (3) At least 15 percent of all operational service 1437 potential member’s background in community service and sports
1409 contracts with a professional sports franchise facility or a 1438 activism in, and financial support of, the sports industry,
1410 spring training franchise facility are awarded to certified 1439 professional sports, or organized amateur athletics. Members
1411 rural or urban minority business enterprises as that term is 1440 must be residents of the state and highly knowledgeable about or
1412 defined in s. 288.703 or to a minority person residing in a 1441 active in professional or organized amateur sports.
1413 rural or urban area as those terms are defined in s. 288.703. 1442 1. The board must contain representatives of all
1414 Section 36. Subsection (1) of section 288.12266, Florida 1443 geographical regions of the state and must represent ethnic and
1415 Statutes, is amended to read: 1444 gender diversity.
1416 288.12266 Targeted Marketing Assistance Program.— 1445 2. The terms of office of the members shall be 4 years. No
1417 (1) The Targeted Marketing Assistance Program is created to 1446 member may serve more than two consecutive terms. The Governor
1418 enhance the tourism business marketing of this state’s small, 1447 may remove any member for cause and shall fill all vacancies
1419 minority, rural, and agritourism businesses, as well as 1448 that occur.
1420 certified rural or urban businesses as that term is defined in 1449 Section 38. Section 288.124, Florida Statutes, is amended
1421 s. 288.703 in the state. The department, in conjunction with the 1450 to read:
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1451 288.124 Convention grants program.—The Florida Tourism 1480 to read:
1452 Industry Marketing Corporation is authorized to establish a 1481 288.702 Short title.—This section and ss. 288.703-288.705
1453 convention grants program and, pursuant to that program, to 1482 ss. 288.703-288.706 may be cited as the “Florida Small and
1454 recommend to the department expenditures and contracts with 1483 Minority Business Assistance Act.”
1455 local governments and nonprofit corporations or organizations 1484 Section 41. Section 288.703, Florida Statutes, is amended
1456 for the purpose of attracting national conferences and 1485 to read:
1457 conventions to Florida. Preference shall be given to local 1486 288.703 Definitions.—As used in ss. 288.702-288.705 ss.
1458 governments and nonprofit corporations or organizations seeking 1487 288.702-288.706, the term:
1459 to attract minority conventions to Florida. Minority conventions 1488 (1) “Certified rural or urban business enterprise” means a
1460 are events that primarily involve minority persons, as defined 1489 business located in a defined geographic area within this state
1461 in s. 288.703, who are residents or nonresidents of the state. 1490 where one of the following conditions has been documented in the
1462 The Florida Tourism Industry Marketing Corporation shall 1491 most recent census conducted by the Bureau of the Census of the
1463 establish guidelines governing the award of grants and the 1492 United States Department of Commerce:
1464 administration of this program. The department has final 1493 a. Per capita income in the area is less than 80 percent of
1465 approval authority for any grants under this section. The total 1494 this state’s per capita income.
1466 annual allocation of funds for this program may shall not exceed 1495 b. The unemployment rate in the area has been greater than
1467 $40,000. 1496 the unemployment rate for this state by more than 1 percent over
1468 Section 39. Subsection (2) of section 288.7015, Florida 1497 the previous 24 months from the time the comparison is made.
1469 Statutes, is amended to read: 1498 “Certified minority business enterprise” means a business
1470 288.7015 Appointment of rules ombudsman; duties.—The 1499 which has been certified by the certifying organization or
1471 Governor shall appoint a rules ombudsman, as defined in s. 1500 jurisdiction in accordance with s. 287.0943(1) and (2).
1472 288.703, in the Executive Office of the Governor, for 1501 (2) “Financial institution” means any bank, trust company,
1473 considering the impact of agency rules on the state’s citizens 1502 insurance company, savings and loan association, credit union,
1474 and businesses. The duties of the rules ombudsman are to: 1503 federal lending agency, or foundation.
1475 (2) Review state agency rules that adversely or 1504 (3) “Minority business enterprise” means any small business
1476 disproportionately impact businesses, particularly those 1505 concern as defined in subsection (6) which is organized to
1477 relating to small and certified rural or urban minority 1506 engage in commercial transactions, which is domiciled in
1478 businesses as that term is defined in s. 288.703. 1507 Florida, and which is at least 51-percent-owned by minority
1479 Section 40. Section 288.702, Florida Statutes, is amended 1508 persons who are members of an insular group that is of a
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1509 particular racial, ethnic, or gender makeup or national origin, 1538 presentation of proper documentation thereof as established by
1510 which has been subjected historically to disparate treatment due 1539 rule of the Department of Management Services.
1511 to identification in and with that group resulting in an 1540 (e) An American woman.
1512 underrepresentation of commercial enterprises under the group’s 1541 (3)(5) “Ombudsman” means an office or individual whose
1513 control, and whose management and daily operations are 1542 responsibilities include coordinating with the Office of
1514 controlled by such persons. A minority business enterprise may 1543 Supplier Development Diversity for the interests of and
1515 primarily involve the practice of a profession. Ownership by a 1544 providing assistance to rural or urban small and minority
1516 minority person does not include ownership which is the result 1545 business enterprises in dealing with governmental agencies and
1517 of a transfer from a nonminority person to a minority person 1546 in developing proposals for changes in state agency rules.
1518 within a related immediate family group if the combined total 1547 (4)(6) “Small business” means an independently owned and
1519 net asset value of all members of such family group exceeds $1 1548 operated business concern that employs 200 or fewer permanent
1520 million. For purposes of this subsection, the term “related 1549 full-time employees and that, together with its affiliates, has
1521 immediate family group” means one or more children under 16 1550 a net worth of not more than $5 million or any firm based in
1522 years of age and a parent of such children or the spouse of such 1551 this state which has a Small Business Administration 8(a)
1523 parent residing in the same house or living unit. 1552 certification. As applicable to sole proprietorships, the $5
1524 (4) “Minority person” means a lawful, permanent resident of 1553 million net worth requirement includes shall include both
1525 Florida who is: 1554 personal and business investments.
1526 (a) An African American, a person having origins in any of 1555 Section 42. Section 288.705, Florida Statutes, is amended
1527 the black racial groups of the African Diaspora, regardless of 1556 to read:
1528 cultural origin. 1557 288.705 Statewide contracts register.—All state agencies
1529 (b) A Hispanic American, a person of Spanish or Portuguese 1558 shall in a timely manner provide the Florida Small Business
1530 culture with origins in Spain, Portugal, Mexico, South America, 1559 Development Center Procurement System with all formal
1531 Central America, or the Caribbean, regardless of race. 1560 solicitations for contractual services, supplies, and
1532 (c) An Asian American, a person having origins in any of 1561 commodities. The Small Business Development Center shall
1533 the original peoples of the Far East, Southeast Asia, the Indian 1562 coordinate with Minority Business Development Centers to compile
1534 Subcontinent, or the Pacific Islands, including the Hawaiian 1563 and distribute this information to small and rural or urban
1535 Islands before 1778. 1564 minority businesses requesting such service for the period of
1536 (d) A Native American, a person who has origins in any of 1565 time necessary to familiarize the business with the market
1537 the Indian Tribes of North America before 1835, upon 1566 represented by state agencies. On or before February 1 of each
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1567 year, the Small Business Development Center shall report to the 1596 of Commerce, the Chief Financial Officer, the Secretary of
1568 department on the use of the statewide contracts register. The 1597 State, and a senior official of the United States Department of
1569 report must shall include, but not be limited to, information 1598 Commerce.
1570 relating to: 1599 (b) Appointees who are not state or Federal Government
1571 (1) The total number of solicitations received from state 1600 officials shall serve for a term of 3 years and shall be
1572 agencies during the calendar year. 1601 eligible for reappointment. Nonstate and nonfederal official
1573 (2) The number of solicitations received from each state 1602 vacancies on the board shall be filled by the board within 30
1574 agency during the calendar year. 1603 days after the effective date of the vacancy.
1575 (3) The method of distributing solicitation information to 1604 Section 44. Section 288.9628, Florida Statutes, is created
1576 businesses requesting such service. 1605 to read:
1577 (4) The total number of businesses using the service. 1606 288.9628 Research, Innovation, Science, and Engineering
1578 (5) The percentage of businesses using the service which 1607 (RISE) Investment Tax Credit Program.—
1579 are owned and controlled by minorities. 1608 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
1580 (5)(6) The percentage of service-disabled veteran business 1609 strengthening the state’s early-stage business ecosystem and
1581 enterprises using the service. 1610 supporting cutting-edge innovation are essential for fostering
1582 Section 43. Subsection (1) of section 288.776, Florida 1611 innovation and economic growth. The early-stage business
1583 Statutes, is amended to read: 1612 ecosystem, fueled by the state’s colleges, universities, and
1584 288.776 Board of directors; powers and duties.— 1613 private industry growth, represents significant opportunity for
1585 (1)(a) The corporation shall have a board of directors 1614 the state to retain entrepreneurial talent and provides an
1586 consisting of 15 members representing all geographic areas of 1615 overall benefit for jobseekers, job creators, families,
1587 the state. Minority and gender representation must be considered 1616 communities, and the state’s economy.
1588 when making appointments to the board. The board membership must 1617 (2) RISE Program created.—There is established within the
1589 include: 1618 department the Research, Innovation, Science, and Engineering
1590 1. A representative of the following businesses, all of 1619 (RISE) Investment Tax Credit Program. The purpose of the program
1591 which must be registered to do business in this state: a foreign 1620 is to increase venture capital investment in this state. The
1592 bank, a state bank, a federal bank, an insurance company 1621 department shall coordinate with the Florida Opportunity Fund
1593 involved in covering trade financing risks, and a small or 1622 and the State Board of Administration in reviewing and approving
1594 medium-sized exporter. 1623 applications for tax credits under this section.
1595 2. The following persons or their designee: the Secretary 1624 (3) DEFINITIONS.—As used in this section, the term:
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1625 (a) “Accredited investor” has the same meaning as in s. 1654 (m) “Qualifying investment” has the same meaning as in 17
1626 517.021. 1655 C.F.R. 275.203(l)-1(c)(3) and, for purposes of this section,
1627 (b) “Advisory affiliate” has the same meaning as in s. 1656 includes investment in one or more companies or projects.
1628 517.12(22). 1657 (n) “Qualifying portfolio company” has the same meaning as
1629 (c) “Affiliate” has the same meaning as in s. 517.021. 1658 in 17 C.F.R. 275.203(l)-1(c)(4) and, for purposes of this
1630 (d) “Applicant” means an advisory affiliate, exempt 1659 section, includes a company that meets the definition of
1631 reporting adviser, or investment adviser who submits or updates 1660 “company” in paragraph (f).
1632 an application on behalf of a qualifying private fund. 1661 (o) “Qualifying private fund” has the same meaning as in s.
1633 (e) “Associated person” has the same meaning as in s. 1662 517.12(22) and includes the definition of “angel investor group”
1634 517.021. 1663 as defined in s. 517.021.
1635 (f) “Company” means any business in this state, or a 1664 (p) “Total capital commitment” means the total amount of
1636 business with more than 50 percent of its workforce in this 1665 cash funding the qualifying private fund intends to raise to
1637 state, with 500 or fewer employees, and which is engaged in a 1666 make one or more qualifying investments in one or more
1638 project. 1667 qualifying portfolio companies.
1639 (g) “Department” means the Department of Commerce. 1668 (4) APPLICATION.—
1640 (h) “Exempt reporting adviser” has the same meaning as in 1669 (a) An applicant must apply to the department for
1641 s. 517.12(22). 1670 authorization to claim RISE tax credits under this section. The
1642 (i) “Investment adviser” has the same meaning as in s. 1671 department must review and approve or deny a complete
1643 517.021. 1672 application within 60 calendar days after the complete
1644 (j) “Investor” means any person or entity that has made a 1673 application has been submitted.
1645 capital contribution to a qualifying private fund. 1674 (b) An applicant must demonstrate to the department’s
1646 (k) “Private fund adviser” has the same meaning as in s. 1675 satisfaction within 12 months after the complete application has
1647 517.12(22). 1676 been submitted that the qualifying private fund has received at
1648 (l) “Project” means research and development that leads to 1677 least the total capital commitment contained in its application.
1649 or is anticipated to lead to the creation of new or useful 1678 (c) The application must include, at a minimum:
1650 improvement of technologies, agricultural technologies, devices, 1679 1. The names of any accredited investors, advisory
1651 processes, machines, manufacturing, or composition of matter. A 1680 affiliates, affiliates, associated persons, exempt reporting
1652 project may result from the innovative activities of a company 1681 advisers, investment advisers, or private fund advisers
1653 or research at a university or college in this state. 1682 associated with the qualifying private fund, if there are any at
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1683 the time of application. 1712 qualified investment in at least one qualifying portfolio
1684 2. The names of any investors in the qualifying private 1713 project to be eligible to receive tax credits under this
1685 fund, if there are any at the time of application. 1714 section.
1686 3. The estimated total number of qualifying investments in 1715 (c) Each submission by a qualifying private fund to receive
1687 qualifying portfolio companies. 1716 tax credits for a qualifying investment in a qualifying
1688 4. The total capital commitment of the qualifying private 1717 portfolio company must include, at a minimum:
1689 fund. 1718 1. The amount of cash deployed by the qualifying private
1690 (d) If, at any time after an applicant has submitted a 1719 fund to a qualifying investment in a qualifying portfolio
1691 complete application, there has been a material change that 1720 company.
1692 affects the accuracy or completeness of the information 1721 2. The total number of employees employed by the qualifying
1693 contained in the application, the applicant must update its 1722 portfolio company.
1694 application. 1723 3. The total number of Florida-based, full-time equivalent
1695 (5) TAX CREDITS; GENERALLY.— 1724 employees employed by the qualifying portfolio company.
1696 (a) The amount of tax credits available pursuant to this 1725 (7) TAX CREDITS; RECEIPT; REVOCATION.—
1697 section in a fiscal year may not exceed $100 million. 1726 (a) A qualifying private fund may receive tax credits
1698 (b) The department may not issue a tax credit to a 1727 equivalent to 25 percent of a qualifying investment in a
1699 qualifying private fund until the qualifying private fund 1728 qualifying portfolio company.
1700 demonstrates that it has received its total capital commitment. 1729 (b) Upon a determination by the department that the
1701 (c) The department may not authorize more than $10 million 1730 qualifying investment meets the requirements of this section,
1702 in tax credits to a qualifying private fund in a fiscal year. 1731 the department shall authorize the Department of Revenue to
1703 (6) TAX CREDITS; SUBMISSION AND AUTHORIZATION.— 1732 issue tax credits to the qualifying private fund.
1704 (a) To receive tax credits, a qualifying private fund must 1733 (c) The Department of Revenue may not issue more than one-
1705 provide documentation that demonstrates to the department’s 1734 fifth of the tax credits authorized for a qualifying investment
1706 reasonable satisfaction that the qualifying investment meets the 1735 in a qualifying portfolio company in a fiscal year.
1707 requirements of this section. For purposes of this section, 1736 (d) Credits received pursuant to this section may be
1708 follow-on or add-on commitments may only be considered by the 1737 applied against the qualifying private fund’s corporate income
1709 department after the follow-on or add-on investment has been 1738 tax liability. A qualifying private fund may elect to sell or
1710 deployed. 1739 transfer, in whole or in part, any tax credit issued under this
1711 (b) A qualifying private fund must make at least one 1740 section. An election to sell or transfer any tax credit received
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1741 pursuant to this section must be made no later than 5 years 1770 2. Documentation supporting the total number of full-time
1742 after the date the credit is received by the qualifying private 1771 equivalent employees employed by the qualifying portfolio
1743 fund, after which the credit expires and may not be used. A 1772 company.
1744 qualifying private fund may not sell or transfer credits that 1773 3. Documentation supporting the total number of full-time
1745 have been authorized by the department but not yet issued by the 1774 equivalent employees employed in this state by the qualifying
1746 Department of Revenue. 1775 portfolio company.
1747 (e) The department may revoke or modify any written 1776 4. Documentation supporting that the qualifying private
1748 decision qualifying, certifying, or otherwise granting 1777 fund has not exited its position from the qualifying portfolio
1749 eligibility for tax credits under this section if it is 1778 company through acquisition by a company not based in this
1750 discovered that the qualifying private fund submitted any false 1779 state.
1751 statement, representation, or certification in any application 1780 (9) CONSTRUCTION.—For purposes of this section and part III
1752 filed in an attempt to receive tax credits under this section, 1781 of chapter 692, committed capital invested in a qualifying
1753 or if the information in a previously completed application 1782 portfolio company by a venture capital fund may not be construed
1754 materially changes. The department must immediately notify the 1783 as having ownership of the qualifying portfolio company.
1755 Department of Revenue of any revoked or modified orders 1784 (10) REPORTING.—Beginning December 30, 2026, the department
1756 affecting previously granted tax credits. Additionally, the 1785 shall include the amounts of tax credits authorized and
1757 qualifying private fund must notify the Department of Revenue of 1786 received, the total number of jobs created, and the total number
1758 any change in its tax credit claimed. 1787 of jobs created in this state in its annual incentives report
1759 (8) COMPLIANCE.— 1788 required in s. 288.0065.
1760 (a) A qualifying private fund must annually report to the 1789 (11) RULEMAKING.—The department is authorized to adopt
1761 department for each qualifying investment for 5 years after 1790 rules to implement this section.
1762 authorization to receive credits. Failure to do so will result 1791 Section 45. Subsection (10) of section 290.0056, Florida
1763 in the qualifying private fund’s tax credit being revoked. 1792 Statutes, is amended to read:
1764 (b) In order to receive a tax credit, a qualifying fund 1793 290.0056 Enterprise zone development agency.—
1765 must submit to the department the following: 1794 (10) Contingent upon approval by the governing body, the
1766 1. A certification that there have been no material changes 1795 agency may invest in community investment corporations which
1767 to the information contained in the application or, if material 1796 conduct, or agree to conduct, loan guarantee programs assisting
1768 changes have occurred since the submission of the application, a 1797 rural or urban minority business enterprises located in the
1769 disclosure containing all material changes. 1798 enterprise zone. In making such investments, the agency shall
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1799 first attempt to invest in existing community investment 1828 Section 47. Subsection (4) of section 331.302, Florida
1800 corporations providing services in the enterprise zone. Such 1829 Statutes, is amended to read:
1801 investments shall be made under conditions required by law and 1830 331.302 Space Florida; creation; purpose.—
1802 as the agency may require, including, but not limited to: 1831 (4) Space Florida is not an agency as defined in ss.
1803 (a) The funds invested by the agency shall be used to 1832 216.011, and 287.012, and 287.055. Space Florida is exempt from
1804 provide loan guarantees to individuals for rural or urban 1833 the bidding requirements in s. 255.20 when Space Florida engages
1805 minority business enterprises located in the enterprise zone. 1834 in professional or construction services, or both, under an
1806 (b) The community investment corporation may not approve 1835 arrangement with a person in which:
1807 any application for a loan guarantee unless the person applying 1836 (a) The person offering personal or construction goods or
1808 for the loan guarantee shows that he or she has applied for the 1837 services is not subject to the requirements of s. 287.055;
1809 loan or loan guarantee through normal banking channels and that 1838 (b) Space Florida and the person execute a contract with
1810 the loan or loan guarantee has been refused by at least one bank 1839 terms acceptable to Space Florida; and
1811 or other financial institution. 1840 (c) The person provides to Space Florida by contract an
1812 Section 46. Paragraph (f) of subsection (1) of section 1841 unqualified representation and warranty that the payments by the
1813 290.0057, Florida Statutes, is amended to read: 1842 person to Space Florida in return for the possession and use of
1814 290.0057 Enterprise zone development plan.— 1843 the project by the person will not be derived, directly or
1815 (1) Any application for designation as a new enterprise 1844 indirectly, from state or local government funds.
1816 zone must be accompanied by a strategic plan adopted by the 1845
1817 governing body of the municipality or county, or the governing 1846 For purposes of this subsection, monies received by the person
1818 bodies of the county and one or more municipalities together. At 1847 contracted to provide goods produced and services provided from
1819 a minimum, the plan must: 1848 government entities in the ordinary course of its operation of
1820 (f) Identify the amount of local and private resources that 1849 the project are not state or local government funds.
1821 will be available in the nominated area and the private/public 1850 Section 48. Section 331.351, Florida Statutes, is amended
1822 partnerships to be used, which may include participation by, and 1851 to read:
1823 cooperation with, universities, community colleges, small 1852 331.351 Participation by rural or urban women, minorities,
1824 business development centers, black business investment 1853 and socially and economically disadvantaged business enterprises
1825 corporations in rural or urban areas as defined in s. 288.703, 1854 encouraged.—It is the intent of the Legislature and the public
1826 certified development corporations, and other private and public 1855 policy of this state that rural or urban women, minorities, and
1827 entities. 1856 socially and economically disadvantaged business enterprises be
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1857 encouraged to participate fully in all phases of economic and 1886 must also be appointed to the local board. The state board may
1858 community development. Accordingly, to achieve such purpose, 1887 waive this requirement if requested by a local board if it is
1859 Space Florida shall, in accordance with applicable state and 1888 demonstrated that such representatives do not exist in the
1860 federal law, involve and utilize rural or urban women, 1889 region. The importance of minority and gender representation
1861 minorities, and socially and economically disadvantaged business 1890 shall be considered when making appointments to the local board.
1862 enterprises in all phases of the design, development, 1891 The local board, its committees, subcommittees, and
1863 construction, maintenance, and operation of spaceports developed 1892 subdivisions, and other units of the workforce system, including
1864 under this act. 1893 units that may consist in whole or in part of local governmental
1865 Section 49. Paragraph (a) of subsection (3) of section 1894 units, may use any method of telecommunications to conduct
1866 445.004, Florida Statutes, is amended to read: 1895 meetings, including establishing a quorum through
1867 445.004 CareerSource Florida, Inc., and the state board; 1896 telecommunications, provided that the public is given proper
1868 creation; purpose; membership; duties and powers.— 1897 notice of the telecommunications meeting and reasonable access
1869 (3)(a) Members of the state board described in Pub. L. No. 1898 to observe and, when appropriate, participate. Local boards are
1870 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting 1899 subject to chapters 119 and 286 and s. 24, Art. I of the State
1871 members. The number of members is determined by the Governor, 1900 Constitution. Each member of a local board who is not otherwise
1872 who shall consider the importance of minority, gender, and 1901 required to file a full and public disclosure of financial
1873 geographic representation in making appointments to the state 1902 interests under s. 8, Art. II of the State Constitution or s.
1874 board. When the Governor is in attendance, he or she shall 1903 112.3144 shall file a statement of financial interests under s.
1875 preside at all meetings of the state board. 1904 112.3145. The executive director or designated person
1876 Section 50. Subsections (1) and (8) of section 445.007, 1905 responsible for the operational and administrative functions of
1877 Florida Statutes, are amended to read: 1906 the local board who is not otherwise required to file a full and
1878 445.007 Local workforce development boards.— 1907 public disclosure of financial interests under s. 8, Art. II of
1879 (1) One local workforce development board shall be 1908 the State Constitution or s. 112.3144 shall file a statement of
1880 appointed in each designated service delivery area and shall 1909 financial interests under s. 112.3145. The local board’s
1881 serve as the local workforce development board pursuant to Pub. 1910 website, or the department’s website if the local board does not
1882 L. No. 113-128. The membership of the local board must be 1911 maintain a website, must inform the public that each disclosure
1883 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a 1912 or statement has been filed with the Commission on Ethics and
1884 public education or training provider is represented on the 1913 provide information how each disclosure or statement may be
1885 local board, a representative of a private education provider 1914 reviewed. The notice to the public must remain on the website
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1915 throughout the term of office or employment of the filer and 1944 employment at one or more employing agencies, but such period
1916 until 1 year after the term on the local board or employment 1945 must not contain any break in service longer than 180 15
1917 ends. 1946 calendar days. A law enforcement officer must provide
1918 (8) The importance of minority and gender representation 1947 documentation to the department justifying the break in service.
1919 shall be considered when appointments are made to any committee 1948 The department shall establish the acceptable circumstances for
1920 established by the local workforce development board. 1949 any such break in service. Any break in service will not count
1921 Section 51. Paragraph (b) of subsection (4) and subsection 1950 toward satisfying the 2-year full-time employment requirement of
1922 (9) of section 445.08, Florida Statutes, are amended to read: 1951 this section.
1923 445.08 Florida Law Enforcement Recruitment Bonus Payment 1952
1924 Program.— 1953 The department may establish other criteria deemed necessary to
1925 (4) The department shall develop an annual plan for the 1954 determine bonus payment eligibility and distribution.
1926 administration of the program and distribution of bonus 1955 (9) This section expires July 1, 2025.
1927 payments. Applicable employing agencies shall assist the 1956 Section 52. Paragraph (a) of subsection (4) of section
1928 department with the collection of any data necessary to 1957 447.203, Florida Statutes, is amended to read:
1929 determine bonus payment amounts and to distribute the bonus 1958 447.203 Definitions.—As used in this part:
1930 payments, and shall otherwise provide the department with any 1959 (4) “Managerial employees” are those employees who:
1931 information or assistance needed to fulfill the requirements of 1960 (a) Perform jobs that are not of a routine, clerical, or
1932 this section. At a minimum, the plan must include: 1961 ministerial nature and require the exercise of independent
1933 (b) The minimum eligibility requirements a newly employed 1962 judgment in the performance of such jobs and to whom one or more
1934 officer must meet to receive and retain a bonus payment, which 1963 of the following applies:
1935 must include: 1964 1. They formulate or assist in formulating policies which
1936 1. Obtaining certification for employment or appointment as 1965 are applicable to bargaining unit employees.
1937 a law enforcement officer pursuant to s. 943.1395. 1966 2. They may reasonably be required on behalf of the
1938 2. Gaining full-time employment with a Florida criminal 1967 employer to assist in the preparation for the conduct of
1939 justice agency. 1968 collective bargaining negotiations.
1940 3. Maintaining continuous full-time employment with a 1969 3. They have a role in the administration of agreements
1941 Florida criminal justice agency for at least 2 years from the 1970 resulting from collective bargaining negotiations.
1942 date on which the officer obtained certification. The required 1971 4. They have a significant role in personnel
1943 2-year employment period may be satisfied by maintaining 1972 administration.
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1973 5. They have a significant role in employee relations. 2002 available to the agencies, the Office of Supplier Development
1974 6. They are included in the definition of administrative 2003 Diversity, the Governor, the President of the Senate, and the
1975 personnel contained in s. 1012.01(3). 2004 Speaker of the House of Representatives. Each agency shall be
1976 7. They have a significant role in the preparation or 2005 responsible for the accuracy of information entered into the
1977 administration of budgets for any public agency or institution 2006 Florida Accounting Information Resource Subsystem for use in
1978 or subdivision thereof. 2007 this reporting.
1979 8. They have a significant and specific role executing 2008 Section 55. Paragraph (f) of subsection (1) of section
1980 statewide business and economic development projects in support 2009 68.082, Florida Statutes, is amended to read:
1981 of business recruitment, retention, and expansion. 2010 68.082 False claims against the state; definitions;
1982 2011 liability.—
1983 However, in determining whether an individual is a managerial 2012 (1) As used in this section, the term:
1984 employee pursuant to paragraph (a) or paragraph (b), above, the 2013 (f) “State” means the government of the state or any
1985 commission may consider historic relationships of the employee 2014 department, division, bureau, commission, regional planning
1986 to the public employer and to co-employees coemployees. 2015 agency, board, district, authority, agency, or other
1987 Section 53. Local governments may enter into agreements to 2016 instrumentality of the state.
1988 create regional planning entities pursuant to chapter 163, 2017 Section 56. Paragraph (a) of subsection (1) of section
1989 Florida Statutes. 2018 120.52, Florida Statutes, is amended to read:
1990 Section 54. Subsection (2) of section 17.11, Florida 2019 120.52 Definitions.—As used in this act:
1991 Statutes, is amended to read: 2020 (1) “Agency” means the following officers or governmental
1992 17.11 To report disbursements made.— 2021 entities if acting pursuant to powers other than those derived
1993 (2) The Chief Financial Officer shall also cause to have 2022 from the constitution:
1994 reported from the Florida Accounting Information Resource 2023 (a) The Governor; each state officer and state department,
1995 Subsystem no less than quarterly the disbursements which 2024 and each departmental unit described in s. 20.04; the Board of
1996 agencies made to small businesses, as defined in the Florida 2025 Governors of the State University System; the Commission on
1997 Small and Minority Business Assistance Act,; and to certified 2026 Ethics; the Fish and Wildlife Conservation Commission; a
1998 rural or urban minority business enterprises in the aggregate; 2027 regional water supply authority; a regional planning agency; a
1999 and to certified minority business enterprises broken down into 2028 multicounty special district, but only if a majority of its
2000 categories of minority persons, as well as gender and 2029 governing board is comprised of nonelected persons; educational
2001 nationality subgroups. This information must shall be made 2030 units; and each entity described in chapters 163, 373, 380, and
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2031 582 and s. 186.504. 2060 Section 58. Subsection (9) of section 120.65, Florida
2032 2061 Statutes, is amended to read:
2033 This definition does not include a municipality or legal entity 2062 120.65 Administrative law judges.—
2034 created solely by a municipality; a legal entity or agency 2063 (9) The division shall be reimbursed for administrative law
2035 created in whole or in part pursuant to part II of chapter 361; 2064 judge services and travel expenses by the following entities:
2036 a metropolitan planning organization created pursuant to s. 2065 water management districts, regional planning councils, school
2037 339.175; a separate legal or administrative entity created 2066 districts, community colleges, the Division of Florida Colleges,
2038 pursuant to s. 339.175 of which a metropolitan planning 2067 state universities, the Board of Governors of the State
2039 organization is a member; an expressway authority pursuant to 2068 University System, the State Board of Education, the Florida
2040 chapter 348 or any transportation authority or commission under 2069 School for the Deaf and the Blind, and the Commission for
2041 chapter 343 or chapter 349; or a legal or administrative entity 2070 Independent Education. These entities shall contract with the
2042 created by an interlocal agreement pursuant to s. 163.01(7), 2071 division to establish a contract rate for services and
2043 unless any party to such agreement is otherwise an agency as 2072 provisions for reimbursement of administrative law judge travel
2044 defined in this subsection. 2073 expenses and video teleconferencing expenses attributable to
2045 Section 57. Subsection (4) of section 120.525, Florida 2074 hearings conducted on behalf of these entities. The contract
2046 Statutes, is amended to read: 2075 rate must be based on a total-cost-recovery methodology.
2047 120.525 Meetings, hearings, and workshops.— 2076 Section 59. Subsections (43) and (47) of section 163.3164,
2048 (4) For purposes of establishing a quorum at meetings of 2077 Florida Statutes, are amended to read:
2049 regional planning councils that cover three or more counties, a 2078 163.3164 Community Planning Act; definitions.—As used in
2050 voting member who appears via telephone, real-time 2079 this act:
2051 videoconferencing, or similar real-time electronic or video 2080 (43) “Regional planning agency” means the council created
2052 communication that is broadcast publicly at the meeting location 2081 pursuant to chapter 186.
2053 may be counted toward the quorum requirement if at least one- 2082 (46)(47) “Structure” has the same meaning as in s. 380.031
2054 third of the voting members of the regional planning council are 2083 s. 380.031(19).
2055 physically present at the meeting location. A member must 2084 Section 60. Paragraph (h) of subsection (6) of section
2056 provide oral, written, or electronic notice of his or her intent 2085 163.3177, Florida Statutes, is amended to read:
2057 to appear via telephone, real-time videoconferencing, or similar 2086 163.3177 Required and optional elements of comprehensive
2058 real-time electronic or video communication to the regional 2087 plan; studies and surveys.—
2059 planning council at least 24 hours before the scheduled meeting. 2088 (6) In addition to the requirements of subsections (1)-(5),
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2089 the comprehensive plan must shall include the following 2118 2. The intergovernmental coordination element must shall
2090 elements: 2119 also state principles and guidelines to be used in coordinating
2091 (h)1. An intergovernmental coordination element showing 2120 the adopted comprehensive plan with the plans of school boards
2092 relationships and stating principles and guidelines to be used 2121 and other units of local government providing facilities and
2093 in coordinating the adopted comprehensive plan with the plans of 2122 services but not having regulatory authority over the use of
2094 school boards, regional water supply authorities, and other 2123 land. In addition, the intergovernmental coordination element
2095 units of local government providing services but not having 2124 must describe joint processes for collaborative planning and
2096 regulatory authority over the use of land, with the 2125 decisionmaking on population projections and public school
2097 comprehensive plans of adjacent municipalities, the county, 2126 siting, the location and extension of public facilities subject
2098 adjacent counties, or the region, with the state comprehensive 2127 to concurrency, and siting facilities with countywide
2099 plan and with the applicable regional water supply plan approved 2128 significance, including locally unwanted land uses whose nature
2100 pursuant to s. 373.709, as the case may require and as such 2129 and identity are established in an agreement.
2101 adopted plans or plans in preparation may exist. This element of 2130 3. Within 1 year after adopting their intergovernmental
2102 the local comprehensive plan must demonstrate consideration of 2131 coordination elements, each county, all the municipalities
2103 the particular effects of the local plan, when adopted, upon the 2132 within that county, the district school board, and any unit of
2104 development of adjacent municipalities, the county, adjacent 2133 local government service providers in that county shall
2105 counties, or the region, or upon the state comprehensive plan, 2134 establish by interlocal or other formal agreement executed by
2106 as the case may require. 2135 all affected entities, the joint processes described in this
2107 a. The intergovernmental coordination element must provide 2136 subparagraph consistent with their adopted intergovernmental
2108 procedures for identifying and implementing joint planning 2137 coordination elements. The agreement must:
2109 areas, especially for the purpose of annexation, municipal 2138 a. Ensure that the local government addresses through
2110 incorporation, and joint infrastructure service areas. 2139 coordination mechanisms the impacts of development proposed in
2111 b. The intergovernmental coordination element must shall 2140 the local comprehensive plan upon development in adjacent
2112 provide for a dispute resolution process, as established 2141 municipalities, the county, adjacent counties, the region, and
2113 pursuant to s. 186.509, for bringing intergovernmental disputes 2142 the state. The area of concern for municipalities must shall
2114 to closure in a timely manner. 2143 include adjacent municipalities, the county, and counties
2115 c. The intergovernmental coordination element must shall 2144 adjacent to the municipality. The area of concern for counties
2116 provide for interlocal agreements as established pursuant to s. 2145 must shall include all municipalities within the county,
2117 333.03(1)(b). 2146 adjacent counties, and adjacent municipalities.
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2147 b. Ensure coordination in establishing level of service 2176 are shall not be subject to development-of-regional-impact
2148 standards for public facilities with any state, regional, or 2177 review provided the port successfully enters into a development
2149 local entity having operational and maintenance responsibility 2178 agreement with the state land planning agency and applicable
2150 for such facilities. 2179 local government pursuant to s. 380.032 or, where the port is a
2151 Section 61. Subsection (5) of section 163.3178, Florida 2180 department of a local government, successfully enters into a
2152 Statutes, is amended to read: 2181 development agreement with the state land planning agency
2153 163.3178 Coastal management.— 2182 pursuant to s. 380.032.
2154 (5) A The appropriate dispute resolution process provided 2183 Section 62. Paragraph (c) of subsection (1) and paragraph
2155 under s. 186.509 must be used to reconcile inconsistencies 2184 (b) of subsection (3) of section 163.3184, Florida Statutes, are
2156 between port master plans and local comprehensive plans. In 2185 amended to read:
2157 recognition of the state’s commitment to deepwater ports, the 2186 163.3184 Process for adoption of comprehensive plan or plan
2158 state comprehensive plan must include goals, objectives, and 2187 amendment.—
2159 policies that establish a statewide strategy for enhancement of 2188 (1) DEFINITIONS.—As used in this section, the term:
2160 existing deepwater ports, ensuring that priority is given to 2189 (c) “Reviewing agencies” means:
2161 water-dependent land uses. As an incentive for promoting plan 2190 1. The state land planning agency;
2162 consistency, port facilities as defined in s. 315.02(6) on lands 2191 2. The appropriate regional planning council;
2163 owned or controlled by a deepwater port as defined in s. 2192 2.3. The appropriate water management district;
2164 311.09(1), as of the effective date of this act are shall not be 2193 3.4. The Department of Environmental Protection;
2165 subject to development-of-regional-impact review provided the 2194 4.5. The Department of State;
2166 port either successfully completes an alternative comprehensive 2195 5.6. The Department of Transportation;
2167 development agreement with a local government pursuant to ss. 2196 6.7. In the case of plan amendments relating to public
2168 163.3220-163.3243 or successfully enters into a development 2197 schools, the Department of Education;
2169 agreement with the state land planning agency and applicable 2198 7.8. In the case of plans or plan amendments that affect a
2170 local government pursuant to s. 380.032 or, where the port is a 2199 military installation listed in s. 163.3175, the commanding
2171 department of a local government, successfully enters into a 2200 officer of the affected military installation;
2172 development agreement with the state land planning agency 2201 8.9. In the case of county plans and plan amendments, the
2173 pursuant to s. 380.032. Port facilities as defined in s. 2202 Fish and Wildlife Conservation Commission and the Department of
2174 315.02(6) on lands not owned or controlled by a deepwater port 2203 Agriculture and Consumer Services; and
2175 as defined in s. 311.09(1) as of the effective date of this act 2204 9.10. In the case of municipal plans and plan amendments,
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2205 the county in which the municipality is located. 2234 3. Comments to the local government from a regional
2206 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 2235 planning council, county, or municipality are shall be limited
2207 COMPREHENSIVE PLAN AMENDMENTS.— 2236 as follows:
2208 (b)1. The local government, after the initial public 2237 a. The regional planning council review and comments shall
2209 hearing held pursuant to subsection (11), shall transmit within 2238 be limited to adverse effects on regional resources or
2210 10 working days the amendment or amendments and appropriate 2239 facilities identified in the strategic regional policy plan and
2211 supporting data and analyses to the reviewing agencies. The 2240 extrajurisdictional impacts that would be inconsistent with the
2212 local governing body shall also transmit a copy of the 2241 comprehensive plan of any affected local government within the
2213 amendments and supporting data and analyses to any other local 2242 region. A regional planning council may not review and comment
2214 government or governmental agency that has filed a written 2243 on a proposed comprehensive plan amendment prepared by such
2215 request with the governing body. 2244 council unless the plan amendment has been changed by the local
2216 2. The reviewing agencies and any other local government or 2245 government subsequent to the preparation of the plan amendment
2217 governmental agency specified in subparagraph 1. may provide 2246 by the regional planning council.
2218 comments regarding the amendment or amendments to the local 2247 b. County comments must shall be in the context of the
2219 government. State agencies shall only comment on important state 2248 relationship and effect of the proposed plan amendments on the
2220 resources and facilities that will be adversely impacted by the 2249 county plan.
2221 amendment if adopted. Comments provided by state agencies shall 2250 b.c. Municipal comments must shall be in the context of the
2222 state with specificity how the plan amendment will adversely 2251 relationship and effect of the proposed plan amendments on the
2223 impact an important state resource or facility and shall 2252 municipal plan.
2224 identify measures the local government may take to eliminate, 2253 c.d. Military installation comments must shall be provided
2225 reduce, or mitigate the adverse impacts. Such comments, if not 2254 in accordance with s. 163.3175.
2226 resolved, may result in a challenge by the state land planning 2255 4. Comments to the local government from state agencies
2227 agency to the plan amendment. Agencies and local governments 2256 must shall be limited to the following subjects as they relate
2228 must transmit their comments to the affected local government 2257 to important state resources and facilities that will be
2229 such that they are received by the local government not later 2258 adversely impacted by the amendment if adopted:
2230 than 30 days after the date on which the agency or government 2259 a. The Department of Environmental Protection shall limit
2231 received the amendment or amendments. Reviewing agencies shall 2260 its comments to the subjects of air and water pollution;
2232 also send a copy of their comments to the state land planning 2261 wetlands and other surface waters of the state; federal and
2233 agency. 2262 state-owned lands and interest in lands, including state parks,
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2263 greenways and trails, and conservation easements; solid waste; 2292 163.3245 Sector plans.—
2264 water and wastewater treatment; and the Everglades ecosystem 2293 (2) The Upon the request of a local government having
2265 restoration. 2294 jurisdiction, the applicable regional planning council shall
2266 b. The Department of State shall limit its comments to the 2295 conduct a scoping meeting with affected local governments and
2267 subjects of historic and archaeological resources. 2296 those agencies identified in s. 163.3184(1)(c) before
2268 c. The Department of Transportation shall limit its 2297 preparation of the sector plan. The purpose of this meeting is
2269 comments to issues within the agency’s jurisdiction as it 2298 to assist the state land planning agency and the local
2270 relates to transportation resources and facilities of state 2299 government in the identification of the relevant planning issues
2271 importance. 2300 to be addressed and the data and resources available to assist
2272 d. The Fish and Wildlife Conservation Commission shall 2301 in the preparation of the sector plan. If a scoping meeting is
2273 limit its comments to subjects relating to fish and wildlife 2302 conducted, the regional planning council shall make written
2274 habitat and listed species and their habitat. 2303 recommendations to the state land planning agency and affected
2275 e. The Department of Agriculture and Consumer Services 2304 local governments on the issues requested by the local
2276 shall limit its comments to the subjects of agriculture, 2305 government. The scoping meeting must shall be noticed and open
2277 forestry, and aquaculture issues. 2306 to the public. If the entire planning area proposed for the
2278 f. The Department of Education shall limit its comments to 2307 sector plan is within the jurisdiction of two or more local
2279 the subject of public school facilities. 2308 governments, some or all of them may enter into a joint planning
2280 g. The appropriate water management district shall limit 2309 agreement pursuant to s. 163.3171 with respect to the geographic
2281 its comments to flood protection and floodplain management, 2310 area to be subject to the sector plan, the planning issues that
2282 wetlands and other surface waters, and regional water supply. 2311 will be emphasized, procedures for intergovernmental
2283 h. The state land planning agency shall limit its comments 2312 coordination to address extrajurisdictional impacts, supporting
2284 to important state resources and facilities outside the 2313 application materials including data and analysis, procedures
2285 jurisdiction of other commenting state agencies and may include 2314 for public participation, or other issues.
2286 comments on countervailing planning policies and objectives 2315 Section 64. Paragraph (i) of subsection (2) of section
2287 served by the plan amendment that should be balanced against 2316 163.568, Florida Statutes, is amended to read:
2288 potential adverse impacts to important state resources and 2317 163.568 Purposes and powers.—
2289 facilities. 2318 (2) The authority is granted the authority to exercise all
2290 Section 63. Subsection (2) of section 163.3245, Florida 2319 powers necessary, appurtenant, convenient, or incidental to the
2291 Statutes, is amended to read: 2320 carrying out of the aforesaid purposes, including, but not
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2321 limited to, the following rights and powers: 2350 the Governor.—For the purpose of establishing consistency and
2322 (i) To develop transportation plans, and to coordinate its 2351 uniformity in the state and regional planning process and in
2323 planning and programs with those of appropriate municipal, 2352 order to ensure that the intent of ss. 186.001-186.031 and
2324 county, and state agencies and other political subdivisions of 2353 186.801-186.901 is accomplished, the Executive Office of the
2325 the state. All transportation plans are subject to review and 2354 Governor shall:
2326 approval by the Department of Transportation and by the regional 2355 (7) Act as the state clearinghouse and designate the
2327 planning agency, if any, for consistency with programs or 2356 regional planning councils as the regional data clearinghouses.
2328 planning for the area and region. 2357 Section 68. Subsections (7) and (8) of section 186.007,
2329 Section 65. Subsection (2) of section 164.1031, Florida 2358 Florida Statutes, are amended to read:
2330 Statutes, is amended to read: 2359 186.007 State comprehensive plan; preparation; revision.—
2331 164.1031 Definitions.—For purposes of this act: 2360 (7) In preparing and revising the state comprehensive plan,
2332 (2) “Regional governmental entities” includes regional 2361 the Executive Office of the Governor shall, to the extent
2333 planning councils, metropolitan planning organizations, water 2362 feasible, consider studies, reports, and plans of each
2334 supply authorities that include more than one county, local 2363 department, agency, and institution of state and local
2335 health councils, water management districts, and other regional 2364 government, each regional planning agency, and the Federal
2336 entities that are authorized and created by general or special 2365 Government and shall take into account the existing and
2337 law that have duties or responsibilities extending beyond the 2366 prospective resources, capabilities, and needs of state and
2338 jurisdiction of a single county. 2367 local levels of government.
2339 Section 66. Subsection (5) of section 186.003, Florida 2368 (8) The revision of the state comprehensive plan is a
2340 Statutes, is amended to read: 2369 continuing process. Each section of the plan must shall be
2341 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.— 2370 reviewed and analyzed biennially by the Executive Office of the
2342 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 2371 Governor in conjunction with the planning officers of other
2343 (5) “Regional planning agency” means the regional planning 2372 state agencies significantly affected by the provisions of the
2344 council created pursuant to ss. 186.501-186.515 to exercise 2373 particular section under review. In conducting this review and
2345 responsibilities under ss. 186.001-186.031 and 186.801-186.901 2374 analysis, the Executive Office of the Governor shall review and
2346 in a particular region of the state. 2375 consider, with the assistance of the state land planning agency,
2347 Section 67. Subsection (7) of section 186.006, Florida 2376 any relevant reports, data, or analyses and regional planning
2348 Statutes, is amended to read: 2377 councils, the evaluation and appraisal reports prepared pursuant
2349 186.006 Powers and responsibilities of Executive Office of 2378 to s. 186.511. Any necessary revisions of the state
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2379 comprehensive plan shall be proposed by the Governor in a 2408 maps and other graphic information materials, as the source of
2380 written report and be accompanied by an explanation of the need 2409 data for planning or any other purposes, they must take into
2381 for such changes. If the Governor determines that changes are 2410 account that the accuracy and reliability of such maps and data
2382 unnecessary, the written report must explain why changes are 2411 may be limited by various factors, including the scale of the
2383 unnecessary. The proposed revisions and accompanying 2412 maps, the timeliness and accuracy of the underlying information,
2384 explanations may be submitted in the report required by s. 2413 the availability of more accurate site-specific information, and
2385 186.031. Any proposed revisions to the plan must shall be 2414 the presence or absence of ground truthing or peer review of the
2386 submitted to the Legislature as provided in s. 186.008(2) at 2415 underlying information contained in such maps and other graphic
2387 least 30 days before prior to the regular legislative session 2416 information. This section does not apply to maps adopted
2388 occurring in each even-numbered year. 2417 pursuant to part II of chapter 163.
2389 Section 69. Subsection (1) of section 186.008, Florida 2418 Section 71. Paragraph (b) of subsection (20) and paragraph
2390 Statutes, is amended to read: 2419 (b) of subsection (21) of section 187.201, Florida Statutes, are
2391 186.008 State comprehensive plan; revision; 2420 amended to read:
2392 implementation.— 2421 187.201 State Comprehensive Plan adopted.—The Legislature
2393 (1) On or before October 1 of every odd-numbered year, the 2422 hereby adopts as the State Comprehensive Plan the following
2394 Executive Office of the Governor shall prepare, and the Governor 2423 specific goals and policies:
2395 shall recommend to the Administration Commission, any proposed 2424 (20) GOVERNMENTAL EFFICIENCY.—
2396 revisions to the state comprehensive plan deemed necessary. The 2425 (b) Policies.—
2397 Governor shall transmit his or her recommendations and 2426 1. Encourage greater cooperation between, among, and within
2398 explanation as required by s. 186.007(8). Copies must shall also 2427 all levels of Florida government through the use of appropriate
2399 be provided to each state agency, to each regional planning 2428 interlocal agreements and mutual participation for mutual
2400 agency, to any other unit of government that requests a copy, 2429 benefit.
2401 and to any member of the public who requests a copy. 2430 2. Allow the creation of independent special taxing
2402 Section 70. Section 186.803, Florida Statutes, is amended 2431 districts which have uniform general law standards and
2403 to read: 2432 procedures and do not overburden other governments and their
2404 186.803 Use of geographic information by governmental 2433 taxpayers while preventing the proliferation of independent
2405 entities.—When state agencies, water management districts, 2434 special taxing districts which do not meet these standards.
2406 regional planning councils, local governments, and other 2435 3. Encourage the use of municipal services taxing units and
2407 governmental entities use maps, including geographic information 2436 other dependent special districts to provide needed
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2437 infrastructure where the fiscal capacity exists to support such 2466 efficiency groups and internal management groups to make
2438 an approach. 2467 recommendations for greater operating efficiencies and improved
2439 4. Eliminate regulatory activities that are not tied to 2468 management practices.
2440 specific public and natural resource protection needs. 2469 11. Encourage governments to seek outside contracting on a
2441 5. Eliminate needless duplication of, and promote 2470 competitive-bid basis when cost-effective and appropriate.
2442 cooperation in, governmental activities between, among, and 2471 12. Discourage undue expansion of state government and make
2443 within state, regional, county, city, and other governmental 2472 every effort to streamline state government in a cost-effective
2444 units. 2473 manner.
2445 6. Ensure, wherever possible, that the geographic 2474 13. Encourage joint venture solutions to mutual problems
2446 boundaries of water management districts, regional planning 2475 between levels of government and private enterprise.
2447 councils, and substate districts of the executive departments 2476 (21) THE ECONOMY.—
2448 are shall be coterminous for related state or agency programs 2477 (b) Policies.—
2449 and functions and promote interagency agreements in order to 2478 1. Attract new job-producing industries, corporate
2450 reduce the number of districts and councils with jurisdiction in 2479 headquarters, distribution and service centers, regional
2451 any one county. 2480 offices, and research and development facilities to provide
2452 7. Encourage and provide for the restructuring of city and 2481 quality employment for the residents of Florida.
2453 county political jurisdictions with the goals of greater 2482 2. Promote entrepreneurship, small and small and minority-
2454 efficiency and high-quality and more equitable and responsive 2483 owned business startups, and business startups in rural or urban
2455 public service programs. 2484 areas as described in s. 288.703 by providing technical and
2456 8. Replace multiple, small scale, economically inefficient 2485 information resources, facilitating capital formation, and
2457 local public facilities with regional facilities where they are 2486 removing regulatory restraints which are unnecessary for the
2458 proven to be more economical, particularly in terms of energy 2487 protection of consumers and society.
2459 efficiency, and yet can retain the quality of service expected 2488 3. Maintain, as one of the state’s primary economic assets,
2460 by the public. 2489 the environment, including clean air and water, beaches,
2461 9. Encourage greater efficiency and economy at all levels 2490 forests, historic landmarks, and agricultural and natural
2462 of government through adoption and implementation of effective 2491 resources.
2463 records management, information management, and evaluation 2492 4. Strengthen Florida’s position in the world economy
2464 procedures. 2493 through attracting foreign investment and promoting
2465 10. Throughout government, establish citizen management 2494 international banking and trade.
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2495 5. Build on the state’s attractiveness to make it a leader 2524 opportunities, especially for the economically disadvantaged,
2496 in the visual and performing arts and in all phases of film, 2525 through the utilization of enterprise zones, community
2497 television, and recording production. 2526 development corporations, and other programs designed to enhance
2498 6. Promote economic development for Florida residents 2527 economic and employment opportunities.
2499 through partnerships among education, business, industry, 2528 Section 72. Paragraph (c) of subsection (1) and subsection
2500 agriculture, and the arts. 2529 (2) of section 218.32, Florida Statutes, are amended to read:
2501 7. Provide increased opportunities for training Florida’s 2530 218.32 Annual financial reports; local governmental
2502 workforce to provide skilled employees for new and expanding 2531 entities.—
2503 business. 2532 (1)
2504 8. Promote economic self-sufficiency through training and 2533 (c) Each regional planning council created under s.
2505 educational programs which result in productive employment. 2534 186.504, each local government finance commission, board, or
2506 9. Promote cooperative employment arrangements between 2535 council, and each municipal power corporation created as a
2507 private employers and public sector employment efforts to 2536 separate legal or administrative entity by interlocal agreement
2508 provide productive, permanent employment opportunities for 2537 under s. 163.01(7) shall submit to the department a copy of its
2509 public assistance recipients through provisions of education 2538 audit report and an annual financial report for the previous
2510 opportunities, tax incentives, and employment training. 2539 fiscal year in a format prescribed by the department.
2511 10. Provide for nondiscriminatory employment opportunities. 2540 (2) The department shall annually by December 1 file a
2512 11. Provide quality child day care for public assistance 2541 verified report with the Governor, the Legislature, the Auditor
2513 families and others who need it in order to work. 2542 General, and the Special District Accountability Program of the
2514 12. Encourage the development of a business climate that 2543 Department of Commerce showing the revenues, both locally
2515 provides opportunities for the growth and expansion of existing 2544 derived and derived from intergovernmental transfers, and the
2516 state industries, particularly those industries which are 2545 expenditures of each local governmental entity, regional
2517 compatible with Florida’s environment. 2546 planning council, local government finance commission, and
2518 13. Promote coordination among Florida’s ports to increase 2547 municipal power corporation that is required to submit an annual
2519 their utilization. 2548 financial report. In preparing the verified report, the
2520 14. Encourage the full utilization by businesses of the 2549 department may request additional information from the local
2521 economic development enhancement programs implemented by the 2550 governmental entity. The information requested must be provided
2522 Legislature for the purpose of extensively involving private 2551 to the department within 45 days after the request. If the local
2523 businesses in the development and expansion of permanent job 2552 governmental entity does not comply with the request, the
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2553 department shall notify the Legislative Auditing Committee, 2582 defined in chapter 189, or other political subdivisions of the
2554 which may take action pursuant to s. 11.40(2). The report must 2583 state are encouraged to be sensitive to the effect of job-size
2555 include, but is not limited to: 2584 barriers on rural or urban minority businesses. To this end,
2556 (a) The total revenues and expenditures of each local 2585 these governmental entities are encouraged to competitively
2557 governmental entity that is a component unit included in the 2586 award public construction projects exceeding $100,000.
2558 annual financial report of the reporting entity. 2587 Section 74. Section 255.102, Florida Statutes, is amended
2559 (b) The amount of outstanding long-term debt by each local 2588 to read:
2560 governmental entity. For purposes of this paragraph, the term 2589 255.102 Contractor utilization of rural or urban minority
2561 “long-term debt” means any agreement or series of agreements to 2590 business enterprises.—
2562 pay money, which, at inception, contemplate terms of payment 2591 (1) Agencies shall consider the use of price preferences,
2563 exceeding 1 year in duration. 2592 weighted preference formulas, or other preferences for
2564 Section 73. Section 255.101, Florida Statutes, is amended 2593 construction contracts, as determined appropriate by the Office
2565 to read: 2594 of Supplier Development Diversity to increase minority
2566 255.101 Contracts for public construction works; 2595 participation in rural or urban areas.
2567 utilization of minority business enterprises.— 2596 (2) The Office of Supplier Development Diversity, in
2568 (1) All county officials, boards of county commissioners, 2597 collaboration with the Board of Governors of the State
2569 school boards, city councils, city commissioners, and all other 2598 University System, shall adopt rules to determine what is a
2570 public officers of state boards or commissions which are charged 2599 “good faith effort” for purposes of contractor compliance with
2571 with the letting of contracts for public works and for the 2600 rural or urban areas minority participation goals established
2572 construction of public bridges, buildings, and other structures 2601 for competitively awarded building and construction projects.
2573 shall operate in accordance with s. 287.093, except that all 2602 Pro forma efforts may shall not be considered good faith.
2574 contracts for the construction of state facilities should comply 2603 Factors which must shall be considered by the state agency in
2575 with provisions in s. 287.09451, and rules adopted pursuant 2604 determining whether a contractor has made good faith efforts
2576 thereto, for the utilization of rural or urban minority business 2605 shall include, but not be limited to:
2577 enterprises. When construction is financed in whole or in part 2606 (a) Whether the contractor attended any presolicitation or
2578 from federal funds and where federal provisions for utilization 2607 prebid meetings that were scheduled by the agency to inform
2579 of rural or urban minority business enterprises apply, this 2608 rural or urban minority business enterprises of contracting and
2580 section may shall not apply. 2609 subcontracting opportunities.
2581 (2) Counties, municipalities, and special districts as 2610 (b) Whether the contractor advertised in general
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2611 circulation, trade association, or rural-focused or urban- 2640 minority business enterprises or minority persons with adequate
2612 focused minority-focus media concerning the subcontracting 2641 information about the plans, specifications, and requirements of
2613 opportunities. 2642 the contract or the availability of jobs at a time no later than
2614 (c) Whether the contractor provided written notice to all 2643 when such information was provided to other subcontractors.
2615 relevant subcontractors listed on the minority vendor list for 2644 (g) Whether the contractor negotiated in good faith with
2616 that locality and statewide as provided by the agency as of the 2645 interested rural or urban minority business enterprises or
2617 date of issuance of the invitation to bid, that their interest 2646 minority persons, not rejecting rural or urban minority business
2618 in the contract was being solicited in sufficient time to allow 2647 enterprises or minority persons as unqualified without sound
2619 the rural or urban minority business enterprises to participate 2648 reasons based on a thorough investigation of their capabilities
2620 effectively. 2649 or imposing implausible conditions of performance on the
2621 (d) Whether the contractor followed up initial 2650 contract.
2622 solicitations of interest by contacting rural or urban minority 2651 (h) Whether the contractor diligently seeks to replace a
2623 business enterprises, the Office of Supplier Development 2652 rural or urban minority business enterprise subcontractor that
2624 Diversity, or minority persons who responded and provided 2653 is unable to perform successfully with another rural or urban
2625 detailed information about prebid meetings, access to plans, 2654 minority business enterprise.
2626 specifications, contractor’s project manager, subcontractor 2655 (i) Whether the contractor effectively used the services of
2627 bonding, if any, payment schedule, bid addenda, and other 2656 available rural or urban minority community organizations; rural
2628 assistance provided by the contractor to enhance rural or urban 2657 or urban minority contractors’ groups; local, state, and federal
2629 minority business enterprise participation. 2658 rural or urban minority business assistance offices; and other
2630 (e) Whether the contractor selected portions of the work to 2659 organizations that provide assistance in the recruitment and
2631 be performed by rural or urban minority business enterprises in 2660 placement of rural or urban minority business enterprises or
2632 order to increase the likelihood of meeting the rural or urban 2661 minority persons.
2633 minority business enterprise procurement goals, including, where 2662 (3) If an agency considers any other criteria in
2634 appropriate, breaking down contracts into economically feasible 2663 determining whether a contractor has made a good faith effort,
2635 units to facilitate rural or urban minority business enterprise 2664 the agency must shall adopt such criteria in accordance with s.
2636 participation under reasonable and economical conditions of 2665 120.54, and, where required by that section, by rule, after May
2637 performance. 2666 31, 1994. In adopting such criteria, the agency shall identify
2638 (f) Whether the contractor provided the Office of Supplier 2667 the specific factors in as objective a manner as possible to be
2639 Development Diversity as well as interested rural or urban 2668 used to assess a contractor’s performance against said criteria.
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2669 (4) Notwithstanding the provisions of s. 287.09451 to the 2698 Florida Statutes, are amended to read:
2670 contrary, agencies shall monitor good faith efforts of 2699 260.0142 Florida Greenways and Trails Council; composition;
2671 contractors in competitively awarded building and construction 2700 powers and duties.—
2672 projects, in accordance with rules established pursuant to this 2701 (1) There is created within the department the Florida
2673 section. It is the responsibility of the contractor to exercise 2702 Greenways and Trails Council which shall advise the department
2674 good faith efforts in accordance with rules established pursuant 2703 in the execution of the department’s powers and duties under
2675 to this section, and to provide documentation necessary to 2704 this chapter. The council shall be composed of 19 21 members,
2676 assess efforts to include rural or urban minority business 2705 consisting of:
2677 participation. 2706 (a)1. Five Six members appointed by the Governor, with two
2678 Section 75. Paragraph (a) of subsection (7) of section 2707 members representing the trail user community, two members
2679 258.501, Florida Statutes, is amended to read: 2708 representing the greenway user community, one member from the
2680 258.501 Myakka River; wild and scenic segment.— 2709 board of the Florida Wildlife Corridor Foundation, and one
2681 (7) MANAGEMENT COORDINATING COUNCIL.— 2710 member representing private landowners.
2682 (a) Upon designation, the department shall create a 2711 2. Three members appointed by the President of the Senate,
2683 permanent council to provide interagency and intergovernmental 2712 with one member representing the trail user community and two
2684 coordination in the management of the river. The coordinating 2713 members representing the greenway user community.
2685 council shall be composed of one representative appointed from 2714 3. Three members appointed by the Speaker of the House of
2686 each of the following: the department, the Department of 2715 Representatives, with two members representing the trail user
2687 Transportation, the Fish and Wildlife Conservation Commission, 2716 community and one member representing the greenway user
2688 the Department of Commerce, the Florida Forest Service of the 2717 community.
2689 Department of Agriculture and Consumer Services, the Division of 2718
2690 Historical Resources of the Department of State, the Tampa Bay 2719 Those eligible to represent the trail user community shall be
2691 Regional Planning Council, the Southwest Florida Water 2720 chosen from, but not be limited to, paved trail users, hikers,
2692 Management District, the Southwest Florida Regional Planning 2721 off-road bicyclists, users of off-highway vehicles, paddlers,
2693 Council, Manatee County, Sarasota County, Charlotte County, the 2722 equestrians, disabled outdoor recreational users, and commercial
2694 City of Sarasota, the City of North Port, agricultural 2723 recreational interests. Those eligible to represent the greenway
2695 interests, environmental organizations, and any others deemed 2724 user community must be chosen from, but not be limited to,
2696 advisable by the department. 2725 conservation organizations, nature study organizations, and
2697 Section 76. Subsections (1) and (3) of section 260.0142, 2726 scientists and university experts.
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2727 (b) The 8 9 remaining members include: 2756 consecutive terms. The representatives of the water management
2728 1. The Secretary of Environmental Protection or a designee. 2757 districts, regional planning councils, and local governments may
2729 2. The executive director of the Fish and Wildlife 2758 be reappointed for no more than two consecutive terms. All other
2730 Conservation Commission or a designee. 2759 appointees shall serve until replaced.
2731 3. The Secretary of Transportation or a designee. 2760 Section 77. Subsections (8), (9), and (12) of section
2732 4. The Director of the Florida Forest Service of the 2761 287.057, Florida Statutes, are amended to read:
2733 Department of Agriculture and Consumer Services or a designee. 2762 287.057 Procurement of commodities or contractual
2734 5. The director of the Division of Historical Resources of 2763 services.—
2735 the Department of State or a designee. 2764 (8)(a) In order to strive to meet the rural or urban
2736 6. A representative of the water management districts. 2765 minority business enterprise procurement goals set forth in s.
2737 Membership on the council must rotate among the five districts. 2766 287.09451, an agency may reserve any contract for competitive
2738 The districts shall determine the order of rotation. 2767 solicitation only among certified rural or urban minority
2739 7. A representative of a federal land management agency. 2768 business enterprises. Agencies shall review all their contracts
2740 The Secretary of Environmental Protection shall identify the 2769 each fiscal year and shall determine which contracts may be
2741 appropriate federal agency and request designation of a 2770 reserved for solicitation only among certified rural or urban
2742 representative from the agency to serve on the council. 2771 minority business enterprises. This reservation may only be used
2743 8. A representative of the regional planning councils to be 2772 when it is determined, by reasonable and objective means, before
2744 appointed by the Secretary of Environmental Protection. 2773 the solicitation that there are capable, qualified certified
2745 Membership on the council must rotate among the seven regional 2774 rural or urban minority business enterprises available to submit
2746 planning councils. The regional planning councils shall 2775 a bid, proposal, or reply on a contract to provide for effective
2747 determine the order of rotation. 2776 competition. The Office of Supplier Development Diversity shall
2748 8.9. A representative of local governments to be appointed 2777 consult with any agency in reaching such determination when
2749 by the Secretary of Environmental Protection. Membership must 2778 deemed appropriate.
2750 alternate between a county representative and a municipal 2779 (b) Before a contract may be reserved for solicitation only
2751 representative. 2780 among certified rural or urban minority business enterprises,
2752 (3) The term of all appointees shall be for 2 years unless 2781 the agency head must find that such a reservation is in the best
2753 otherwise specified. The appointees of the Governor, the 2782 interests of the state. All determinations are shall be subject
2754 President of the Senate, and the Speaker of the House of 2783 to s. 287.09451(5). Once a decision has been made to reserve a
2755 Representatives may be reappointed for no more than four 2784 contract, but before sealed bids, proposals, or replies are
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2785 requested, the agency shall estimate what it expects the amount 2814 urban minority business enterprises which will be utilized as
2786 of the contract to be, based on the nature of the services or 2815 subcontractors or subvendors by sworn statement. At the time of
2787 commodities involved and their value under prevailing market 2816 performance or project completion, the contractor shall report
2788 conditions. If all the sealed bids, proposals, or replies 2817 by sworn statement the payments and completion of work for all
2789 received are over this estimate, the agency may reject the bids, 2818 certified rural or urban minority business enterprises used in
2790 proposals, or replies and request new ones from certified rural 2819 the contract.
2791 or urban minority business enterprises, or the agency may reject 2820 (12) If two equal responses to a solicitation or a request
2792 the bids, proposals, or replies and reopen the bidding to all 2821 for quote are received and one response is from a certified
2793 eligible vendors. 2822 rural or urban minority business enterprise, the agency must
2794 (c) All agencies shall consider the use of price 2823 shall enter into a contract with the certified rural or urban
2795 preferences of up to 10 percent, weighted preference formulas, 2824 minority business enterprise.
2796 or other preferences for vendors as determined appropriate 2825 Section 78. Section 287.0943, Florida Statutes, is amended
2797 pursuant to guidelines established in accordance with s. 2826 to read:
2798 287.09451(4) to increase the participation of certified rural or 2827 287.0943 Certification of rural or urban minority business
2799 urban minority business enterprises. 2828 enterprises.—
2800 (d) All agencies shall avoid any undue concentration of 2829 (1) A business certified by any local governmental
2801 contracts or purchases in categories of commodities or 2830 jurisdiction or organization shall be accepted by the Department
2802 contractual services in order to meet the certified rural or 2831 of Management Services, Office of Supplier Development
2803 urban minority business enterprise purchasing goals in s. 2832 Diversity, as a certified rural or urban minority business
2804 287.09451. 2833 enterprise for purposes of doing business with state government
2805 (9) An agency may reserve any contract for competitive 2834 when the Office of Supplier Development Diversity determines
2806 solicitation only among vendors who agree to use certified rural 2835 that the state’s rural or urban minority business enterprise
2807 or urban minority business enterprises as subcontractors or 2836 certification criteria are applied in the local certification
2808 subvendors. The percentage of funds, in terms of gross contract 2837 process.
2809 amount and revenues, which must be expended with the certified 2838 (2)(a) The office is hereby directed to convene a “Rural or
2810 rural or urban minority business enterprise subcontractors and 2839 Urban Minority Business Certification Task Force.” The task
2811 subvendors shall be determined by the agency before such 2840 force shall meet as often as necessary, but no less frequently
2812 contracts may be reserved. In order to bid on a contract so 2841 than annually.
2813 reserved, the vendor shall identify those certified rural or 2842 (b) The task force shall be regionally balanced and
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2843 comprised of officials representing the department, counties, 2872 minority business enterprises in accordance with the
2844 municipalities, school boards, special districts, and other 2873 certification criteria established by law.
2845 political subdivisions of the state who administer programs to 2874 (d) A final list of the criteria and procedures proposed by
2846 assist rural or urban minority businesses in procurement or 2875 the task force shall be considered by the secretary. The task
2847 development in government-sponsored programs. The following 2876 force may seek technical assistance from qualified providers of
2848 organizations may appoint two members each of the task force who 2877 technical, business, and managerial expertise to ensure the
2849 fit the description above: 2878 reliability of the certification criteria developed.
2850 1. The Florida League of Cities, Inc. 2879 (e) In assessing the status of ownership and control,
2851 2. The Florida Association of Counties. 2880 certification criteria shall, at a minimum:
2852 3. The Florida School Boards Association, Inc. 2881 1. Link ownership by a minority person owning a business
2853 4. The Association of Special Districts. 2882 enterprise in a rural or urban area as defined in s. 288.703, or
2854 5. The Florida Association of Minority Business Enterprise 2883 as dictated by the legal obligations of a certifying
2855 Officials. 2884 organization, to day-to-day control and financial risk by the
2856 6. The Florida Association of Government Purchasing 2885 qualifying minority owner, and to demonstrated expertise or
2857 Officials. 2886 licensure of an a minority owner in any trade or profession that
2858 2887 the rural or urban minority business enterprise will offer to
2859 In addition, the Office of Supplier Development Diversity shall 2888 the state when certified. Businesses must comply with all state
2860 appoint seven members consisting of three representatives of 2889 licensing requirements before becoming certified as a rural or
2861 rural or urban minority business enterprises, one of whom should 2890 urban minority business enterprise.
2862 be a woman business owner, two officials of the office, and two 2891 2. If present ownership was obtained by transfer, require
2863 at-large members to ensure balance. A quorum shall consist of 2892 the minority person on whom eligibility is based to have owned
2864 one-third of the current members, and the task force may take 2893 at least 51 percent of the applicant firm for a minimum of 2
2865 action by majority vote. Any vacancy may only be filled by the 2894 years, when any previous majority ownership interest in the firm
2866 organization or agency originally authorized to appoint the 2895 was by a nonminority who is or was a relative, former employer,
2867 position. 2896 or current employer of the minority person on whom eligibility
2868 (c) The purpose of the task force will be to propose 2897 is based. This requirement does not apply to minority persons
2869 uniform criteria and procedures by which participating entities 2898 who are otherwise eligible who take a 51-percent-or-greater
2870 and organizations can qualify businesses to participate in 2899 interest in a firm that requires professional licensure to
2871 procurement or contracting programs as certified rural or urban 2900 operate and who will be the qualifying licenseholder for the
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2901 firm when certified. A transfer made within a related immediate 2930 status or an audit will be conducted within 2 years. In
2902 family group from a nonminority person to a minority person in 2931 addition, random reviews or audits will be conducted as deemed
2903 order to establish ownership by a minority person shall be 2932 appropriate by the Office of Supplier Development Diversity.
2904 deemed to have been made solely for purposes of satisfying 2933 (g) The certification criteria approved by the task force
2905 certification criteria and shall render such ownership invalid 2934 and adopted by the Department of Management Services must shall
2906 for purposes of qualifying for such certification if the 2935 be included in a statewide and interlocal agreement as defined
2907 combined total net asset value of all members of such family 2936 in s. 287.09431 and, in accordance with s. 163.01, shall be
2908 group exceeds $1 million. For purposes of this subparagraph, the 2937 executed according to the terms included therein.
2909 term “related immediate family group” means one or more children 2938 (h) The certification procedures should allow an applicant
2910 under 16 years of age and a parent of such children or the 2939 seeking certification to designate on the application form the
2911 spouse of such parent residing in the same house or living unit. 2940 information the applicant considers to be proprietary,
2912 3. Require that prospective certified rural or urban 2941 confidential business information. As used in this paragraph,
2913 minority business enterprises be currently performing or seeking 2942 “proprietary, confidential business information” includes, but
2914 to perform a useful business function. A “useful business 2943 is not limited to, any information that would be exempt from
2915 function” is defined as a business function which results in the 2944 public inspection pursuant to the provisions of chapter 119;
2916 provision of materials, supplies, equipment, or services to 2945 trade secrets; internal auditing controls and reports; contract
2917 customers. Acting as a conduit to transfer funds to a non-rural 2946 costs; or other information the disclosure of which would injure
2918 or a non-urban nonminority business does not constitute a useful 2947 the affected party in the marketplace or otherwise violate s.
2919 business function unless it is done so in a normal industry 2948 286.041. The executor in receipt of the application shall issue
2920 practice. As used in this section, the term “acting as a 2949 written and final notice of any information for which
2921 conduit” means, in part, not acting as a regular dealer by 2950 noninspection is requested but not provided for by law.
2922 making sales of material, goods, or supplies from items bought, 2951 (i) A business that is certified under the provisions of
2923 kept in stock, and regularly sold to the public in the usual 2952 the statewide and interlocal agreement is shall be deemed a
2924 course of business. Brokers, manufacturer’s representatives, 2953 certified rural or urban minority enterprise in all
2925 sales representatives, and nonstocking distributors are 2954 jurisdictions or organizations where the agreement is in effect,
2926 considered as conduits that do not perform a useful business 2955 and that business is deemed available to do business as such
2927 function, unless normal industry practice dictates. 2956 within any such jurisdiction or with any such organization
2928 (f) When a business receives payments or awards exceeding 2957 statewide. All state agencies must accept rural or urban
2929 $100,000 in one fiscal year, a review of its certification 2958 minority business enterprises certified in accordance with the
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2959 statewide and interlocal agreement of s. 287.09431, and that 2988 provide adequate security to prevent unauthorized access to
2960 business shall also be deemed a “certified rural or urban 2989 information gathered during the certification process; and the
2961 minority business enterprise” as defined in s. 288.703. However, 2990 degree to which any legal obligations or supplemental
2962 any governmental jurisdiction or organization that administers a 2991 requirements unique to the certifying entity exceed the capacity
2963 minority business purchasing program may reserve the right to 2992 of that entity to conduct certifications.
2964 establish further certification procedures necessary to comply 2993 (c) Any firms certified by organizations or governmental
2965 with federal law. 2994 entities determined not to meet the state certification criteria
2966 (j) The statewide and interlocal agreement must shall be 2995 may shall not be eligible to participate as certified rural or
2967 guided by the terms and conditions found therein and may be 2996 urban minority business enterprises in the rural or urban
2968 amended at any meeting of the task force and subsequently 2997 minority business assistance programs of the state. For a period
2969 adopted by the secretary of the Department of Management 2998 of 1 year from the effective date of this legislation, the
2970 Services. The amended agreement must be enacted, initialed, and 2999 executor of the statewide and interlocal agreement may elect to
2971 legally executed by at least two-thirds of the certifying 3000 accept only rural or urban minority business enterprises
2972 entities party to the existing agreement and adopted by the 3001 certified pursuant to criteria in place at the time the
2973 state as originally executed in order to bind the certifying 3002 agreement was signed. After the 1-year period, either party may
2974 entity. 3003 elect to withdraw from the agreement without further notice.
2975 (k) The task force shall meet for the first time no later 3004 (d) Any organizations or governmental entities determined
2976 than 45 days after the effective date of this act. 3005 by the office not to meet the standards of the agreement may
2977 (3)(a) The office shall review and evaluate the 3006 shall not be eligible to execute the statewide and interlocal
2978 certification programs and procedures of all prospective 3007 agreement as a participating organization until approved by the
2979 executors of the statewide and interlocal agreement to determine 3008 office.
2980 whether if their programs exhibit the capacity to meet the 3009 (e) Any participating program receiving three or more
2981 standards of the agreement. 3010 challenges to its certification decisions pursuant to subsection
2982 (b) The evaluations shall, at a minimum, consider: the 3011 (4) from other organizations that are executors to the statewide
2983 certifying entity’s capacity to conduct investigations of 3012 and interlocal agreement, shall be subject to a review by the
2984 applicants seeking certification under the designated criteria; 3013 office, as provided in paragraphs (a) and (b), of the
2985 the ability of the certifying entity to collect the requisite 3014 organization’s capacity to perform under such agreement and in
2986 data and to establish adequate protocol to store and exchange 3015 accordance with the core criteria established by the task force.
2987 said information among the executors of the agreement and to 3016 The office shall submit a report to the secretary of the
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3017 Department of Management Services regarding the results of the 3046 certified rural or urban minority business enterprise. Agency
3018 review. 3047 spending shall also be tracked for these subgroups. The records
3019 (f) The office shall maintain a directory of all executors 3048 may include information about certified rural or urban minority
3020 of the statewide and interlocal agreement. The directory should 3049 business enterprises that provide legal services, auditing
3021 be communicated to the general public. 3050 services, and health services. Agencies shall use this list in
3022 (4) A certification may be challenged by any executor to 3051 efforts to meet the certified rural or urban minority business
3023 the statewide and interlocal agreement upon the grounds of 3052 enterprise procurement goals set forth in s. 287.09451.
3024 failure by the certifying organization to adhere to the adopted 3053 (b) The office shall establish and administer a
3025 criteria or to the certifying organization’s rules and 3054 computerized data bank to carry out the requirements of
3026 procedures, or on the grounds of a misrepresentation or fraud by 3055 paragraph (a), to be available to all executors of the statewide
3027 the certified rural or urban minority business enterprise. The 3056 and interlocal agreement. Data maintained in the data bank must
3028 challenge must shall proceed according to procedures specified 3057 shall be sufficient to allow each executor to reasonably monitor
3029 in the agreement. 3058 certifications it has issued.
3030 (5)(a) The secretary of the Department of Management 3059 (7) The office shall identify rural or urban minority
3031 Services shall execute the statewide and interlocal agreement 3060 business enterprises eligible for certification in all areas of
3032 established under s. 287.09431 on behalf of the state. The 3061 state services and commodities purchasing. The office may
3033 office shall certify rural or urban minority business 3062 contract with a private firm or other agency, if necessary, in
3034 enterprises in accordance with the laws of this state and, by 3063 seeking to identify rural or urban minority business enterprises
3035 affidavit, shall recertify such rural or urban minority business 3064 for certification. Agencies may request the office to identify
3036 enterprises not less than once each year. 3065 certifiable rural or urban minority business enterprises that
3037 (b) The office shall contract with parties to the statewide 3066 are in the business of providing a given service or commodity;
3038 and interlocal agreement to perform onsite visits associated 3067 the office shall respond to such requests and seek out such
3039 with state certifications. 3068 certifiable rural or urban minority business enterprises.
3040 (6)(a) The office shall maintain up-to-date records of all 3069 (8) The office shall adopt rules necessary to implement
3041 certified rural or urban minority business enterprises, as 3070 this section.
3042 defined in s. 288.703, and of applications for certification 3071 (9) State agencies shall comply with this act except to the
3043 that were denied and shall make this list available to all 3072 extent that the requirements of this act are in conflict with
3044 agencies. The office shall, for statistical purposes, collect 3073 federal law.
3045 and track subgroupings of gender and nationality status for each 3074 (10) Any transfer of ownership or permanent change in the
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3075 management and daily operations of a certified rural or urban 3104 recertification.
3076 minority business enterprise which may affect certification must 3105 (13) Unless permanently revoked, a certified rural or urban
3077 be reported to the original certifying jurisdiction or entity 3106 minority business enterprise for which certification or
3078 and to the office within 14 days of the transfer or change 3107 recertification has been revoked may not apply or reapply for
3079 taking place. In the event of a transfer of ownership, the 3108 certification or recertification for a minimum of 36 months
3080 transferee seeking to do business with the state as a certified 3109 after the date of the notice of revocation.
3081 rural or urban minority business enterprise is responsible for 3110 (14)(a) Except for certification decisions issued by the
3082 such reporting. In the event of a permanent change in the 3111 Office of Supplier Development Diversity, an executor to the
3083 management and daily operations, owners seeking to do business 3112 statewide and interlocal agreement shall, in accordance with its
3084 with the state as a certified rural or urban minority business 3113 rules and procedures:
3085 enterprise are responsible for reporting such change to the 3114 1. Give reasonable notice to affected persons or parties of
3086 office. Any person violating the provisions of this subsection 3115 its decision to deny certification based on failure to meet
3087 commits shall be guilty of a misdemeanor of the first degree, 3116 eligibility requirements of the statewide and interlocal
3088 punishable as provided in s. 775.082 or s. 775.083. 3117 agreement of s. 287.09431, together with a summary of the
3089 (11) To deter fraud in the program, the Auditor General may 3118 grounds therefor.
3090 review the criteria by which a business became certified as a 3119 2. Give affected persons or parties an opportunity, at a
3091 certified rural or urban minority business enterprise. 3120 convenient time and place, to present to the agency written or
3092 (12) Any executor of the statewide and interlocal agreement 3121 oral evidence in opposition to the action or of the executor’s
3093 may revoke the certification or recertification of a firm doing 3122 refusal to act.
3094 business as a certified rural or urban minority business 3123 3. Give a written explanation of any subsequent decision of
3095 enterprise if the rural or urban minority business enterprise 3124 the executor overruling the objections.
3096 does not meet the requirements of the jurisdiction or certifying 3125 (b) An applicant that is denied rural or urban minority
3097 entity that certified or recertified the firm as a certified 3126 business enterprise certification based on failure to meet
3098 rural or urban minority business enterprise, or the requirements 3127 eligibility requirements of the statewide and interlocal
3099 of subsection (2), s. 288.703(2), and any rule of the office or 3128 agreement pursuant to s. 287.09431 may not reapply for
3100 the Department of Management Services or if the business 3129 certification or recertification until at least 6 months after
3101 acquired certification or recertification by means of falsely 3130 the date of the notice of the denial of certification or
3102 representing any entity as a rural or urban minority business 3131 recertification.
3103 enterprise for purposes of qualifying for certification or 3132 (15) The office shall adopt rules in compliance with this
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3133 part. 3162 (f) “Regional policy plan” means a strategic regional
3134 Section 79. Paragraph (d) of subsection (3) of section 3163 policy plan that has been adopted by rule by a regional planning
3135 287.055, Florida Statutes, is amended to read: 3164 council pursuant to s. 186.508.
3136 287.055 Acquisition of professional architectural, 3165 (4)
3137 engineering, landscape architectural, or surveying and mapping 3166 (c) Military base reuse plans shall identify projected
3138 services; definitions; procedures; contingent fees prohibited; 3167 impacts to significant regional resources and natural resources
3139 penalties.— 3168 of regional significance as identified by applicable regional
3140 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.— 3169 planning councils in their regional policy plans and the actions
3141 (d) Each agency shall evaluate professional services, 3170 that shall be taken to mitigate such impacts.
3142 including capabilities, adequacy of personnel, past record, 3171 (7) A military base reuse plan must shall be consistent
3143 experience, whether the firm is a certified minority business 3172 with the comprehensive plan of the host local government and may
3144 enterprise as defined by the Florida Small and Minority Business 3173 shall not conflict with the comprehensive plan of any affected
3145 Assistance Act, and other factors determined by the agency to be 3174 local governments. A military base reuse plan must shall be
3146 applicable to its particular requirements. When securing 3175 consistent with the nonprocedural requirements of part II of
3147 professional services, an agency must endeavor to meet the 3176 chapter 163 and rules adopted thereunder, applicable regional
3148 minority business enterprise procurement goals under s. 3177 policy plans, and the state comprehensive plan.
3149 287.09451. 3178 (8) At the request of a host local government, the
3150 Section 80. Section 288.7031, Florida Statutes, is amended 3179 department shall coordinate a presubmission workshop concerning
3151 to read: 3180 a military base reuse plan within the boundaries of the host
3152 288.7031 Application of certain definitions.—The 3181 jurisdiction. Agencies that must shall participate in the
3153 definitions of “small business,” and “certified rural or urban 3182 workshop shall include any affected local governments; the
3154 minority business enterprise,” and “certified minority business 3183 Department of Environmental Protection; the department; the
3155 enterprise” provided in s. 288.703 apply to the state and all 3184 Department of Transportation; the Department of Health; the
3156 political subdivisions of the state. 3185 Department of Children and Families; the Department of Juvenile
3157 Section 81. Paragraph (f) of subsection (2), paragraph (c) 3186 Justice; the Department of Agriculture and Consumer Services;
3158 of subsection (4), and subsections (7) and (8), and (9) of 3187 the Department of State; the Fish and Wildlife Conservation
3159 section 288.975, Florida Statutes, are amended to read: 3188 Commission; and any applicable water management districts and
3160 288.975 Military base reuse plans.— 3189 regional planning councils. The purposes of the workshop are
3161 (2) As used in this section, the term: 3190 shall be to assist the host local government to understand
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3191 issues of concern to the above listed entities pertaining to the 3220 Act.—As used in ss. 290.001-290.016:
3192 military base site and to identify opportunities for better 3221 (4) “Minority business enterprise” has the same meaning as
3193 coordination of planning and review efforts with the information 3222 provided in s. 287.012 s. 288.703.
3194 and analyses generated by the federal environmental impact 3223 Section 83. Paragraph (b) of subsection (26) of section
3195 statement process and the federal community base reuse planning 3224 320.08058, Florida Statutes, is amended to read:
3196 process. 3225 320.08058 Specialty license plates.—
3197 (9) If a host local government elects to use the optional 3226 (26) TAMPA BAY ESTUARY LICENSE PLATES.—
3198 provisions of this act, it shall, no later than 12 months after 3227 (b) The annual use fees shall be distributed to the Tampa
3199 notifying the agencies of its intent pursuant to subsection (3) 3228 Bay Estuary Program created by s. 163.01.
3200 either: 3229 1. A maximum of 5 percent of such fees may be used for
3201 (a) Send a copy of the proposed military base reuse plan 3230 marketing the plate.
3202 for review to any affected local governments; the Department of 3231 2. Twenty percent of the proceeds from the annual use fee,
3203 Environmental Protection; the department; the Department of 3232 not to exceed $50,000, shall be provided to the Tampa Bay
3204 Transportation; the Department of Health; the Department of 3233 Regional Planning Council for activities of the Agency on Bay
3205 Children and Families; the Department of Juvenile Justice; the 3234 Management implementing the Council/Agency Action Plan for the
3206 Department of Agriculture and Consumer Services; the Department 3235 restoration of the Tampa Bay estuary, as approved by the Tampa
3207 of State; the Fish and Wildlife Conservation Commission; and any 3236 Bay Estuary Program Policy Board.
3208 applicable water management districts and regional planning 3237 2.3. The remaining proceeds must be used to implement the
3209 councils, or 3238 Comprehensive Conservation and Management Plan for Tampa Bay,
3210 (b) Petition the department for an extension of the 3239 pursuant to priorities approved by the Tampa Bay Estuary Program
3211 deadline for submitting a proposed reuse plan. Such an extension 3240 Policy Board.
3212 request must be justified by changes or delays in the closure 3241 Section 84. Subsection (3) of section 320.63, Florida
3213 process by the federal Department of Defense or for reasons 3242 Statutes, is amended to read:
3214 otherwise deemed to promote the orderly and beneficial planning 3243 320.63 Application for license; contents.—Any person
3215 of the subject military base reuse. The department may grant 3244 desiring to be licensed pursuant to ss. 320.60-320.70 shall make
3216 extensions to the required submission date of the reuse plan. 3245 application therefor to the department upon a form containing
3217 Section 82. Subsection (4) of section 290.004, Florida 3246 such information as the department requires. The department
3218 Statutes, is amended to read: 3247 shall require, with such application or otherwise and from time
3219 290.004 Definitions relating to Florida Enterprise Zone 3248 to time, all of the following, which information may be
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3249 considered by the department in determining the fitness of the 3278 Any franchise agreement offered to a motor vehicle dealer in
3250 applicant or licensee to engage in the business for which the 3279 this state shall provide that all terms and conditions in such
3251 applicant or licensee desires to be licensed: 3280 agreement inconsistent with the law and rules of this state are
3252 (3) From each manufacturer, distributor, or importer which 3281 of no force and effect.
3253 utilizes an identical blanket basic agreement for its dealers or 3282 Section 85. Paragraph (b) of subsection (3) of section
3254 distributors in this state, which agreement comprises all or any 3283 335.188, Florida Statutes, is amended to read:
3255 part of the applicant’s or licensee’s agreements with motor 3284 335.188 Access management standards; access control
3256 vehicle dealers in this state, a copy of the written agreement 3285 classification system; criteria.—
3257 and all supplements thereto, together with a list of the 3286 (3) The control classification system shall be developed
3258 applicant’s or licensee’s authorized dealers or distributors and 3287 consistent with the following:
3259 their addresses. The applicant or licensee shall further notify 3288 (b) The access control classification system shall be
3260 the department immediately of the appointment of any additional 3289 developed in cooperation with counties, municipalities, the
3261 dealer or distributor. The applicant or licensee shall annually 3290 state land planning agency, regional planning councils,
3262 report to the department on its efforts to add new minority 3291 metropolitan planning organizations, and other local
3263 dealer points, including difficulties encountered under ss. 3292 governmental entities.
3264 320.61-320.70. For purposes of this section “minority” shall 3293 Section 86. Paragraph (b) of subsection (4) of section
3265 have the same meaning as that given it in the definition of 3294 339.155, Florida Statutes, is amended to read:
3266 “minority person” in s. 287.0931(2) s. 288.703. Not later than 3295 339.155 Transportation planning.—
3267 60 days before the date a revision or modification to a 3296 (4) ADDITIONAL TRANSPORTATION PLANS.—
3268 franchise agreement is offered uniformly to a licensee’s motor 3297 (b) Each regional planning council, as provided for in s.
3269 vehicle dealers in this state, the licensee shall notify the 3298 186.504, or any successor agency thereto, shall develop, as an
3270 department of such revision, modification, or addition to the 3299 element of its strategic regional policy plan, transportation
3271 franchise agreement on file with the department. In no event may 3300 goals and policies. The transportation goals and policies must
3272 a franchise agreement, or any addendum or supplement thereto, be 3301 be prioritized to comply with the prevailing principles provided
3273 offered to a motor vehicle dealer in this state until the 3302 in subsection (1) and s. 334.046(1). The transportation goals
3274 applicant or licensee files an affidavit with the department 3303 and policies shall be consistent, to the maximum extent
3275 acknowledging that the terms or provisions of the agreement, or 3304 feasible, with the goals and policies of the metropolitan
3276 any related document, are not inconsistent with, prohibited by, 3305 planning organization and the Florida Transportation Plan. The
3277 or contrary to the provisions contained in ss. 320.60-320.70. 3306 transportation goals and policies of the regional planning
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3307 council will be advisory only and shall be submitted to the 3336 agreement signed and in effect with the M.P.O. Each M.P.O. may
3308 department and any affected metropolitan planning organization 3337 enter into contracts with local or state agencies, private
3309 for their consideration and comments. Metropolitan planning 3338 planning firms, private engineering firms, or other public or
3310 organization plans and other local transportation plans shall be 3339 private entities to accomplish its transportation planning and
3311 developed consistent, to the maximum extent feasible, with the 3340 programming duties and administrative functions.
3312 regional transportation goals and policies. 3341 Section 88. Subsection (6) of section 339.285, Florida
3313 Section 87. Paragraph (g) of subsection (6) of section 3342 Statutes, is amended to read:
3314 339.175, Florida Statutes, is amended to read: 3343 339.285 Enhanced Bridge Program for Sustainable
3315 339.175 Metropolitan planning organization.— 3344 Transportation.—
3316 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, 3345 (6) Preference shall be given to bridge projects located on
3317 privileges, and authority of an M.P.O. are those specified in 3346 corridors that connect to the Strategic Intermodal System,
3318 this section or incorporated in an interlocal agreement 3347 created under s. 339.64, and that have been identified as
3319 authorized under s. 163.01. Each M.P.O. shall perform all acts 3348 regionally significant in accordance with s. 339.155(4)(b), (c),
3320 required by federal or state laws or rules, now and subsequently 3349 and (d) s. 339.155(4)(c), (d), and (e).
3321 applicable, which are necessary to qualify for federal aid. It 3350 Section 89. Subsections (3) and (4) of section 339.63,
3322 is the intent of this section that each M.P.O. be involved in 3351 Florida Statutes, are amended to read:
3323 the planning and programming of transportation facilities, 3352 339.63 System facilities designated; additions and
3324 including, but not limited to, airports, intercity and high- 3353 deletions.—
3325 speed rail lines, seaports, and intermodal facilities, to the 3354 (3) After the initial designation of the Strategic
3326 extent permitted by state or federal law. An M.P.O. may not 3355 Intermodal System under subsection (1), the department shall, in
3327 perform project production or delivery for capital improvement 3356 coordination with the metropolitan planning organizations, local
3328 projects on the State Highway System. 3357 governments, regional planning councils, transportation
3329 (g) Each M.P.O. shall have an executive or staff director 3358 providers, and affected public agencies, add facilities to or
3330 who reports directly to the M.P.O. governing board for all 3359 delete facilities from the Strategic Intermodal System described
3331 matters regarding the administration and operation of the M.P.O. 3360 in paragraphs (2)(b) and (c) based upon criteria adopted by the
3332 and any additional personnel as deemed necessary. The executive 3361 department.
3333 director and any additional personnel may be employed either by 3362 (4) After the initial designation of the Strategic
3334 an M.P.O. or by another governmental entity, such as a county, 3363 Intermodal System under subsection (1), the department shall, in
3335 or city, or regional planning council, that has a staff services 3364 coordination with the metropolitan planning organizations, local
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3365 governments, regional planning councils, transportation 3394 comment on the development of the update.
3366 providers, and affected public agencies, add facilities to or 3395 Section 91. Subsection (1) of section 341.041, Florida
3367 delete facilities from the Strategic Intermodal System described 3396 Statutes, is amended to read:
3368 in paragraph (2)(a) based upon criteria adopted by the 3397 341.041 Transit responsibilities of the department.—The
3369 department. However, an airport that is designated as a reliever 3398 department shall, within the resources provided pursuant to
3370 airport to a Strategic Intermodal System airport which has at 3399 chapter 216:
3371 least 75,000 itinerant operations per year, has a runway length 3400 (1) Develop a statewide plan that provides for public
3372 of at least 5,500 linear feet, is capable of handling aircraft 3401 transit and intercity bus service needs at least 5 years in
3373 weighing at least 60,000 pounds with a dual wheel configuration 3402 advance. The plan shall be developed in a manner that will
3374 which is served by at least one precision instrument approach, 3403 assure maximum use of existing facilities, and optimum
3375 and serves a cluster of aviation-dependent industries, shall be 3404 integration and coordination of the various modes of
3376 designated as part of the Strategic Intermodal System by the 3405 transportation, including both governmentally owned and
3377 Secretary of Transportation upon the request of a reliever 3406 privately owned resources, in the most cost-effective manner
3378 airport meeting this criteria. 3407 possible. The plan shall also incorporate plans adopted by local
3379 Section 90. Subsection (1) and paragraph (a) of subsection 3408 and regional planning agencies which are consistent, to the
3380 (3) of section 339.64, Florida Statutes, are amended to read: 3409 maximum extent feasible, with adopted strategic policy plans and
3381 339.64 Strategic Intermodal System Plan.— 3410 approved local government comprehensive plans for the region and
3382 (1) The department shall develop, in cooperation with 3411 units of local government covered by the plan and shall, insofar
3383 metropolitan planning organizations, regional planning councils, 3412 as practical, conform to federal planning requirements. The plan
3384 local governments, and other transportation providers, a 3413 shall be consistent with the goals of the Florida Transportation
3385 Strategic Intermodal System Plan. The plan shall be consistent 3414 Plan developed pursuant to s. 339.155.
3386 with the Florida Transportation Plan developed pursuant to s. 3415 Section 92. Paragraph (m) of subsection (3) of section
3387 339.155 and shall be updated at least once every 5 years, 3416 343.54, Florida Statutes, is amended to read:
3388 subsequent to updates of the Florida Transportation Plan. 3417 343.54 Powers and duties.—
3389 (3)(a) During the development of updates to the Strategic 3418 (3) The authority may exercise all powers necessary,
3390 Intermodal System Plan, the department shall provide 3419 appurtenant, convenient, or incidental to the carrying out of
3391 metropolitan planning organizations, regional planning councils, 3420 the aforesaid purposes, including, but not limited to, the
3392 local governments, transportation providers, affected public 3421 following rights and powers:
3393 agencies, and citizens with an opportunity to participate in and 3422 (m) To cooperate with other governmental entities and to
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3423 contract with other governmental agencies, including the 3452 its strategic regional policy plan and regional issues list
3424 Department of Transportation, the Federal Government, regional 3453 which will protect the water quantity, water quality, hydrology,
3425 planning councils, counties, and municipalities. 3454 wetlands, aquatic and wetland-dependent wildlife species,
3426 Section 93. Paragraphs (c) and (d) of subsection (1) of 3455 habitat of all species designated pursuant to rules 39-27.003,
3427 section 366.93, Florida Statutes, are amended to read: 3456 39-27.004, and 39-27.005, Florida Administrative Code, and
3428 366.93 Cost recovery for the siting, design, licensing, and 3457 native vegetation in the Wekiva River Protection Area. The water
3429 construction of nuclear and integrated gasification combined 3458 management district council shall also cooperate with the
3430 cycle power plants.— 3459 department in the department’s implementation of the provisions
3431 (1) As used in this section, the term: 3460 of s. 369.305.
3432 (c) “Integrated gasification combined cycle power plant” or 3461 Section 96. Paragraph (e) of subsection (1) of section
3433 “plant” means an electrical power plant as defined in s. 403.503 3462 373.309, Florida Statutes, is amended to read:
3434 s. 403.503(14) which uses synthesis gas produced by integrated 3463 373.309 Authority to adopt rules and procedures.—
3435 gasification technology. 3464 (1) The department shall adopt, and may from time to time
3436 (d) “Nuclear power plant” or “plant” means an electrical 3465 amend, rules governing the location, construction, repair, and
3437 power plant as defined in s. 403.503 s. 403.503(14) which uses 3466 abandonment of water wells and shall be responsible for the
3438 nuclear materials for fuel. 3467 administration of this part. With respect thereto, the
3439 Section 94. Subsection (1) of section 369.303, Florida 3468 department shall:
3440 Statutes, is amended to read: 3469 (e) Encourage prevention of potable water well
3441 369.303 Definitions.—As used in this part: 3470 contamination and promote cost-effective remediation of
3442 (1) “Council” means the East Central Florida Regional 3471 contaminated potable water supplies by use of the Water Quality
3443 Planning Council. 3472 Assurance Trust Fund as provided in s. 376.307(1)(e) and
3444 Section 95. Subsection (3) of section 369.307, Florida 3473 establish by rule:
3445 Statutes, is amended to read: 3474 1. Delineation of areas of groundwater contamination for
3446 369.307 Developments of regional impact in the Wekiva River 3475 implementation of well location and construction, testing,
3447 Protection Area; land acquisition.— 3476 permitting, and clearance requirements as set forth in
3448 (3) The Wekiva River Protection Area is hereby declared to 3477 subparagraphs 2., 3., 4., 5., and 6. The department shall make
3449 be a natural resource of state and regional importance. The St. 3478 available to water management districts, regional planning
3450 Johns River Water Management District East Central Florida 3479 councils, the Department of Health, and county building and
3451 Regional Planning Council shall adopt policies that as part of 3480 zoning departments, maps or other information on areas of
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3481 contamination, including areas of ethylene dibromide 3510 wells, except wells that serve a public water supply system, in
3482 contamination. Such maps or other information shall be made 3511 areas of known contamination. If contaminants are found upon
3483 available to property owners, realtors, real estate 3512 testing pursuant to subparagraph 2., a well may not be cleared
3484 associations, property appraisers, and other interested persons 3513 for use without a filter or other means of preventing the users
3485 upon request and upon payment of appropriate costs. 3514 of the well from being exposed to deleterious amounts of
3486 2. Requirements for testing for suspected contamination in 3515 contaminants. The Department of Health shall implement the
3487 areas of known contamination, as a prerequisite for clearance of 3516 responsibilities of this subparagraph.
3488 a water well for drinking purposes. The department is authorized 3517 7. Fees to be paid for well construction permits and
3489 to establish criteria for acceptance of water quality testing 3518 clearance for use. The fees shall be based on the actual costs
3490 results from the Department of Health and laboratories certified 3519 incurred by the water management districts, the Department of
3491 by the Department of Health, and is authorized to establish 3520 Health, or other political subdivisions in carrying out the
3492 requirements for sample collection quality assurance. 3521 responsibilities related to potable water well permitting and
3493 3. Requirements for mandatory connection to available 3522 clearance for use. The fees shall provide revenue to cover all
3494 potable water systems in areas of known contamination, wherein 3523 such costs and shall be set according to the following schedule:
3495 the department may prohibit the permitting and construction of 3524 a. The well construction permit fee may not exceed $500.
3496 new potable water wells. 3525 b. The clearance fee may not exceed $50.
3497 4. Location and construction standards for public and all 3526 8. Procedures for implementing well-location, construction,
3498 other potable water wells permitted in areas of contamination. 3527 testing, permitting, and clearance requirements as set forth in
3499 Such standards shall be designed to minimize the effects of such 3528 subparagraphs 2.-6. within areas that research or monitoring
3500 contamination. 3529 data indicate are vulnerable to contamination with nitrate, or
3501 5. A procedure for permitting all potable water wells in 3530 areas in which the department provides a subsidy for restoration
3502 areas of known contamination. Any new water well that is to be 3531 or replacement of contaminated drinking water supplies through
3503 used for drinking water purposes and that does not meet 3532 extending existing water lines or developing new water supply
3504 construction standards pursuant to subparagraph 4. must be 3533 systems pursuant to s. 376.307(1)(e). The department shall
3505 abandoned and plugged by the owner. Water management districts 3534 consult with the Florida Ground Water Association in the process
3506 shall implement, through delegation from the department, the 3535 of developing rules pursuant to this subparagraph.
3507 permitting and enforcement responsibilities of this 3536
3508 subparagraph. 3537 All fees and funds collected by each delegated entity pursuant
3509 6. A procedure for clearing for use all potable water 3538 to this part shall be deposited in the appropriate operating
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3539 account of that entity. 3568 impacts to the Wekiva River System to occur individually or
3540 Section 97. Subsections (1) and (2) of section 373.415, 3569 cumulatively.
3541 Florida Statutes, are amended to read: 3570 (2) Notwithstanding the provisions of s. 120.60, the St.
3542 373.415 Protection zones; duties of the St. Johns River 3571 Johns River Water Management District may shall not issue any
3543 Water Management District.— 3572 permit under this part within the Wekiva River Protection Area,
3544 (1) Not later than November 1, 1988, the St. Johns River 3573 as defined in s. 369.303 s. 369.303(9), until the appropriate
3545 Water Management District shall adopt rules establishing 3574 local government has provided written notification to the
3546 protection zones adjacent to the watercourses in the Wekiva 3575 district that the proposed activity is consistent with the local
3547 River System, as designated in s. 369.303 s. 369.303(10). Such 3576 comprehensive plan and is in compliance with any land
3548 protection zones shall be sufficiently wide to prevent harm to 3577 development regulation in effect in the area where the
3549 the Wekiva River System, including water quality, water 3578 development will take place. The district may, however, inform
3550 quantity, hydrology, wetlands, and aquatic and wetland-dependent 3579 any property owner who makes a request for such information as
3551 wildlife species, caused by any of the activities regulated 3580 to the location of the protection zone or zones on his or her
3552 under this part. Factors on which the widths of the protection 3581 property. However, if a development proposal is amended as the
3553 zones shall be based shall include, but not be limited to: 3582 result of the review by the district, a permit may be issued
3554 (a) The biological significance of the wetlands and uplands 3583 before prior to the development proposal being returned, if
3555 adjacent to the designated watercourses in the Wekiva River 3584 necessary, to the local government for additional review.
3556 System, including the nesting, feeding, breeding, and resting 3585 Section 98. Paragraph (k) of subsection (2) of section
3557 needs of aquatic species and wetland-dependent wildlife species. 3586 377.703, Florida Statutes, is amended to read:
3558 (b) The sensitivity of these species to disturbance, 3587 377.703 Additional functions of the Department of
3559 including the short-term and long-term adaptability to 3588 Agriculture and Consumer Services.—
3560 disturbance of the more sensitive species, both migratory and 3589 (2) DUTIES.—The department shall perform the following
3561 resident. 3590 functions, unless as otherwise provided, consistent with the
3562 (c) The susceptibility of these lands to erosion, including 3591 development of a state energy policy:
3563 the slope, soils, runoff characteristics, and vegetative cover. 3592 (k) The department shall coordinate energy-related programs
3564 3593 of state government, including, but not limited to, the programs
3565 In addition, the rules may establish permitting thresholds, 3594 provided in this section. To this end, the department shall:
3566 permitting exemptions, or general permits, if such thresholds, 3595 1. Provide assistance to other state agencies, counties,
3567 exemptions, or general permits do not allow significant adverse 3596 and municipalities, and regional planning agencies to further
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3597 and promote their energy planning activities. 3626 district.
3598 2. Require, in cooperation with the Department of 3627 Section 100. Subsection (15) of section 380.031, Florida
3599 Management Services, all state agencies to operate state-owned 3628 Statutes, is amended to read:
3600 and state-leased buildings in accordance with energy 3629 380.031 Definitions.—As used in this chapter:
3601 conservation standards as adopted by the Department of 3630 (15) “Regional planning agency” means the agency designated
3602 Management Services. Every 3 months, the Department of 3631 by the state land planning agency to exercise responsibilities
3603 Management Services shall furnish the department data on 3632 under this chapter in a particular region of the state.
3604 agencies’ energy consumption and emissions of greenhouse gases 3633 Section 101. Subsection (2) of section 380.045, Florida
3605 in a format prescribed by the department. 3634 Statutes, is amended to read:
3606 3. Promote the development and use of renewable energy 3635 380.045 Resource planning and management committees;
3607 resources, energy efficiency technologies, and conservation 3636 objectives; procedures.—
3608 measures. 3637 (2) The committee must include, but is not limited to,
3609 4. Promote the recovery of energy from wastes, including, 3638 representation from each of the following: elected officials
3610 but not limited to, the use of waste heat, the use of 3639 from the local governments within the area under study; the
3611 agricultural products as a source of energy, and recycling of 3640 planning office of each of the local governments within the area
3612 manufactured products. Such promotion shall be conducted in 3641 under study; the state land planning agency; any other state
3613 conjunction with, and after consultation with, the Department of 3642 agency under chapter 20 a representative of which the Governor
3614 Environmental Protection and the Florida Public Service 3643 feels is relevant to the compilation of the committee; and a
3615 Commission where electrical generation or natural gas is 3644 water management district, if appropriate, and regional planning
3616 involved, and any other relevant federal, state, or local 3645 council all or part of whose jurisdiction lies within the area
3617 governmental agency having responsibility for resource recovery 3646 under study. After the appointment of the members, the Governor
3618 programs. 3647 shall select a chair and vice chair. A staff member of the state
3619 Section 99. Subsection (3) of section 378.411, Florida 3648 land planning agency shall be appointed by the secretary of such
3620 Statutes, is amended to read: 3649 agency to serve as the secretary of the committee. The state
3621 378.411 Certification to receive notices of intent to mine, 3650 land planning agency shall, to the greatest extent possible,
3622 to review, and to inspect for compliance.— 3651 provide technical assistance and administrative support to the
3623 (3) In making his or her determination, the secretary shall 3652 committee. Meetings will be called as needed by the chair or on
3624 consult with the Department of Commerce, the appropriate 3653 the demand of three or more members of the committee. The
3625 regional planning council, and the appropriate water management 3654 committee will act on a simple majority of a quorum present and
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3655 shall make a report within 6 months to the head of the state 3684 (7) The state land planning agency and any applicable
3656 land planning agency. The committee must, from the time of 3685 regional planning agency shall, to the greatest extent possible,
3657 appointment, remain in existence for no less than 6 months. 3686 provide technical assistance to local governments in the
3658 Section 102. Subsections (3), (4), (7), (8), and (12) of 3687 preparation of the land development regulations and local
3659 section 380.05, Florida Statutes, are amended to read: 3688 comprehensive plan for areas of critical state concern.
3660 380.05 Areas of critical state concern.— 3689 (8) If any local government fails to submit land
3661 (3) Each local government regional planning agency may 3690 development regulations or a local comprehensive plan, or if the
3662 recommend to the state land planning agency from time to time 3691 regulations or plan or plan amendment submitted do not comply
3663 areas wholly or partially within its jurisdiction that meet the 3692 with the principles for guiding development set out in the rule
3664 criteria for areas of critical state concern as defined in this 3693 designating the area of critical state concern, within 120 days
3665 section. Each regional planning agency shall solicit from the 3694 after the adoption of the rule designating an area of critical
3666 local governments within its jurisdiction suggestions as to 3695 state concern, or within 120 days after the issuance of a
3667 areas to be recommended. A local government in an area where 3696 recommended order on the compliance of the plan or plan
3668 there is no regional planning agency may recommend to the state 3697 amendment pursuant to s. 163.3184, or within 120 days after the
3669 land planning agency from time to time areas wholly or partially 3698 effective date of an order rejecting a proposed land development
3670 within its jurisdiction that meet the criteria for areas of 3699 regulation, the state land planning agency must shall submit to
3671 critical state concern as defined in this section. If the state 3700 the commission recommended land development regulations and a
3672 land planning agency does not recommend to the commission as an 3701 local comprehensive plan or portions thereof applicable to that
3673 area of critical state concern an area substantially similar to 3702 local government’s portion of the area of critical state
3674 one that has been recommended, it must shall respond in writing 3703 concern. Within 45 days following receipt of the recommendation
3675 as to its reasons therefor. 3704 from the agency, the commission shall either reject the
3676 (4) Before Prior to submitting any recommendation to the 3705 recommendation as tendered or adopt the recommendation with or
3677 commission under subsection (1), the state land planning agency 3706 without modification, and by rule establish land development
3678 shall give notice to any committee appointed pursuant to s. 3707 regulations and a local comprehensive plan applicable to that
3679 380.045 and to all local governments and regional planning 3708 local government’s portion of the area of critical state
3680 agencies that include within their boundaries any part of any 3709 concern. However, such rule may shall not become effective
3681 area of critical state concern proposed to be designated by the 3710 before prior to legislative review of an area of critical state
3682 rule, in addition to any notice otherwise required under chapter 3711 concern pursuant to paragraph (1)(c). In the rule, the
3683 120. 3712 commission shall specify the extent to which its land
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3713 development regulations, plans, or plan amendments will 3742 pursuant to subsection (1), subsection (6), subsection (8), or
3714 supersede, or will be supplementary to, local land development 3743 subsection (10) are being effectively implemented by local
3715 regulations and plans. Notice of any proposed rule issued under 3744 governments within the area of critical state concern to protect
3716 this section shall be given to all local governments and 3745 the area and that adopted local government comprehensive plans
3717 regional planning agencies in the area of critical state 3746 within the area have been conformed to principles for guiding
3718 concern, in addition to any other notice required under chapter 3747 development for the area.
3719 120. The land development regulations and local comprehensive 3748 Section 103. Subsection (3) of section 380.055, Florida
3720 plan adopted by the commission under this section may include 3749 Statutes, is amended to read:
3721 any type of regulation and plan that could have been adopted by 3750 380.055 Big Cypress Area.—
3722 the local government. Any land development regulations or local 3751 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big
3723 comprehensive plan or plan amendments adopted by the commission 3752 Cypress Area,” as defined in this subsection, is hereby
3724 under this section shall be administered by the local government 3753 designated as an area of critical state concern. “Big Cypress
3725 as part of, or in the absence of, the local land development 3754 Area” means the area generally depicted on the map entitled
3726 regulations and local comprehensive plan. 3755 “Boundary Map, Big Cypress National Freshwater Reserve,
3727 (12) Upon the request of a substantially interested person 3756 Florida,” numbered BC-91,001 and dated November 1971, which is
3728 pursuant to s. 120.54(7), a local government or regional 3757 on file and available for public inspection in the office of the
3729 planning agency within the designated area, or the state land 3758 National Park Service, Department of the Interior, Washington,
3730 planning agency, the commission may by rule remove, contract, or 3759 D.C., and in the office of the Board of Trustees of the Internal
3731 expand any designated boundary. Boundary expansions are subject 3760 Improvement Trust Fund, which is the area proposed as the
3732 to legislative review pursuant to paragraph (1)(c). No boundary 3761 Federal Big Cypress National Freshwater Reserve, Florida, and
3733 may be modified without a specific finding by the commission 3762 that area described as follows: Sections 1, 2, 11, 12 and 13 in
3734 that such changes are consistent with necessary resource 3763 Township 49 South, Range 31 East; and Township 49 South, Range
3735 protection. The total boundaries of an entire area of critical 3764 32 East, less Sections 19, 30 and 31; and Township 49 South,
3736 state concern may shall not be removed by the commission unless 3765 Range 33 East; and Township 49 South, Range 34 East; and
3737 a minimum time of 1 year has elapsed from the adoption of 3766 Sections 1 through 5 and 10 through 14 in Township 50 South,
3738 regulations and a local comprehensive plan pursuant to 3767 Range 32 East; and Sections 1 through 18 and 20 through 25 in
3739 subsection (1), subsection (6), subsection (8), or subsection 3768 Township 50 South, Range 33 East; and Township 50 South, Range
3740 (10). Before totally removing such boundaries, the commission 3769 34 East, less Section 31; and Sections 1 and 2 in Township 51
3741 shall make findings that the regulations and plans adopted 3770 South, Range 34 East; All in Collier County, Florida, which
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3771 described area shall be known as the “Big Cypress National 3800 required report is as prescribed by the local government.
3772 Preserve Addition, Florida,” together with such contiguous land 3801 (12) PROPOSED DEVELOPMENTS.—
3773 and water areas as are ecologically linked with the Everglades 3802 (b) This subsection does not apply to:
3774 National Park, certain of the estuarine fisheries of South 3803 1. Amendments to a development order governing an existing
3775 Florida, or the freshwater aquifer of South Florida, the 3804 development of regional impact.
3776 definitive boundaries of which shall be set in the following 3805 2. An application for development approval filed with a
3777 manner: Within 120 days following the effective date of this 3806 concurrent plan amendment application pending as of May 14,
3778 act, the state land planning agency shall recommend definitive 3807 2015, if the applicant elects to have the application reviewed
3779 boundaries for the Big Cypress Area to the Administration 3808 pursuant to this section as it existed on that date. The
3780 Commission, after giving notice to all local governments and 3809 election shall be in writing and filed with the affected local
3781 regional planning agencies which include within their boundaries 3810 government, regional planning council, and the state land
3782 any part of the area proposed to be included in the Big Cypress 3811 planning agency before December 31, 2018.
3783 Area and holding such hearings as the state land planning agency 3812 Section 105. Subsection (2) of section 380.061, Florida
3784 deems appropriate. Within 45 days following receipt of the 3813 Statutes, is amended to read:
3785 recommended boundaries, the Administration Commission shall 3814 380.061 The Florida Quality Developments program.—
3786 adopt, modify, or reject the recommendation and shall by rule 3815 (2) Following written notification to the state land
3787 establish the boundaries of the area defined as the Big Cypress 3816 planning agency and the appropriate regional planning agency, a
3788 Area. 3817 local government with an approved Florida Quality Development
3789 Section 104. Subsection (6) and paragraph (b) of subsection 3818 within its jurisdiction must set a public hearing pursuant to
3790 (12) of section 380.06, Florida Statutes, are amended to read: 3819 its local procedures and shall adopt a local development order
3791 380.06 Developments of regional impact.— 3820 to replace and supersede the development order adopted by the
3792 (6) REPORTS.—Notwithstanding any condition in a development 3821 state land planning agency for the Florida Quality Development.
3793 order for an approved development of regional impact, the 3822 Thereafter, the Florida Quality Development shall follow the
3794 developer is not required to submit an annual or a biennial 3823 procedures and requirements for developments of regional impact
3795 report on the development of regional impact to the local 3824 as specified in this chapter.
3796 government, the regional planning agency, the state land 3825 Section 106. Subsection (2) of section 380.07, Florida
3797 planning agency, and all affected permit agencies unless 3826 Statutes, is amended to read:
3798 required to do so by the local government that has jurisdiction 3827 380.07 Florida Land and Water Adjudicatory Commission.—
3799 over the development. The penalty for failure to file such a 3828 (2) Whenever any local government issues any development
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3829 order in any area of critical state concern, or in regard to the 3858 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3830 abandonment of any approved development of regional impact, 3859 3. Permits and licenses required under the Federal Water
3831 copies of such orders as prescribed by rule by the state land 3860 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3832 planning agency shall be transmitted to the state land planning 3861 amended, unless such permitting activities have been delegated
3833 agency, the regional planning agency, and the owner or developer 3862 to the state pursuant to said act.
3834 of the property affected by such order. The state land planning 3863 4. Permits and licenses relating to the transportation of
3835 agency shall adopt rules describing development order rendition 3864 hazardous substance materials or transportation and dumping
3836 and effectiveness in designated areas of critical state concern. 3865 which are issued pursuant to the Hazardous Materials
3837 Within 45 days after the order is rendered, the owner, the 3866 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
3838 developer, or the state land planning agency may appeal the 3867 33 U.S.C. s. 1321, as amended.
3839 order to the Florida Land and Water Adjudicatory Commission by 3868 5. Permits and licenses required under 15 U.S.C. ss. 717-
3840 filing a petition alleging that the development order is not 3869 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
3841 consistent with this part. 3870 1331-1356 for construction and operation of interstate gas
3842 Section 107. Paragraph (c) of subsection (3) of section 3871 pipelines and storage facilities.
3843 380.23, Florida Statutes, is amended to read: 3872 6. Permits and licenses required for the siting and
3844 380.23 Federal consistency.— 3873 construction of any new electrical power plants as defined in s.
3845 (3) Consistency review shall be limited to review of the 3874 403.503 s. 403.503(14), as amended, and the licensing and
3846 following activities, uses, and projects to ensure that such 3875 relicensing of hydroelectric power plants under the Federal
3847 activities, uses, and projects are conducted in accordance with 3876 Power Act, 16 U.S.C. ss. 791a et seq., as amended.
3848 the state’s coastal management program: 3877 7. Permits and licenses required under the Mining Law of
3849 (c) Federally licensed or permitted activities affecting 3878 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3850 land or water uses when such activities are in or seaward of the 3879 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3851 jurisdiction of local governments required to develop a coastal 3880 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3852 zone protection element as provided in s. 380.24 and when such 3881 amended; the Federal Land Policy and Management Act, 43 U.S.C.
3853 activities involve: 3882 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3854 1. Permits and licenses required under the Rivers and 3883 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3855 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended. 3884 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3856 2. Permits and licenses required under the Marine 3885 pipelines, geological and geophysical activities, or rights-of-
3857 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss. 3886 way on public lands and permits and licenses required under the
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3887 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as 3916 establishing a procedure for the issuance and biennial renewal
3888 amended. 3917 of licenses, including initial application and biennial renewal
3889 8. Permits and licenses for areas leased under the OCS 3918 fees sufficient to cover the costs of implementing and
3890 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including 3919 administering this section, and establishing supplemental
3891 leases and approvals of exploration, development, and production 3920 licensure fees for payment beginning May 1, 2018, sufficient to
3892 plans. 3921 cover the costs of administering ss. 381.989 and 1004.4351. The
3893 9. Permits and licenses required under the Deepwater Port 3922 department shall identify applicants with strong diversity plans
3894 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended. 3923 reflecting this state’s commitment to diversity and implement
3895 10. Permits required for the taking of marine mammals under 3924 training programs and other educational programs to enable
3896 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 3925 minority persons and certified rural or urban business
3897 s. 1374. 3926 enterprises minority business enterprises, as defined in s.
3898 Section 108. Subsection (3) of section 380.507, Florida 3927 288.703, and veteran business enterprises, as defined in s.
3899 Statutes, is amended to read: 3928 295.187, to compete for medical marijuana treatment center
3900 380.507 Powers of the trust.—The trust shall have all the 3929 licensure and contracts. Subject to the requirements in
3901 powers necessary or convenient to carry out the purposes and 3930 subparagraphs (a)2.-4., the department shall issue a license to
3902 provisions of this part, including: 3931 an applicant if the applicant meets the requirements of this
3903 (3) To provide technical and financial assistance to local 3932 section and pays the initial application fee. The department
3904 governments, state agencies, water management districts, 3933 shall renew the licensure of a medical marijuana treatment
3905 regional planning councils, and nonprofit agencies to carry out 3934 center biennially if the licensee meets the requirements of this
3906 projects and activities and develop programs to achieve the 3935 section and pays the biennial renewal fee. However, the
3907 purposes of this part. 3936 department may not renew the license of a medical marijuana
3908 Section 109. Paragraph (b) of subsection (8) of section 3937 treatment center that has not begun to cultivate, process, and
3909 381.986, Florida Statutes, is amended to read: 3938 dispense marijuana by the date that the medical marijuana
3910 381.986 Medical use of marijuana.— 3939 treatment center is required to renew its license. An individual
3911 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 3940 may not be an applicant, owner, officer, board member, or
3912 (b) An applicant for licensure as a medical marijuana 3941 manager on more than one application for licensure as a medical
3913 treatment center shall apply to the department on a form 3942 marijuana treatment center. An individual or entity may not be
3914 prescribed by the department and adopted in rule. The department 3943 awarded more than one license as a medical marijuana treatment
3915 shall adopt rules pursuant to ss. 120.536(1) and 120.54 3944 center. An applicant for licensure as a medical marijuana
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3945 treatment center must demonstrate: 3974 bond.
3946 1. That, for the 5 consecutive years before submitting the 3975 b. In lieu of the performance bond required under sub-
3947 application, the applicant has been registered to do business in 3976 subparagraph a., the applicant may provide an irrevocable letter
3948 the state. 3977 of credit payable to the department or provide cash to the
3949 2. Possession of a valid certificate of registration issued 3978 department. If provided with cash under this sub-subparagraph,
3950 by the Department of Agriculture and Consumer Services pursuant 3979 the department shall deposit the cash in the Grants and
3951 to s. 581.131. 3980 Donations Trust Fund within the Department of Health, subject to
3952 3. The technical and technological ability to cultivate and 3981 the same conditions as the bond regarding requirements for the
3953 produce marijuana, including, but not limited to, low-THC 3982 applicant to forfeit ownership of the funds. If the funds
3954 cannabis. 3983 deposited under this sub-subparagraph generate interest, the
3955 4. The ability to secure the premises, resources, and 3984 amount of that interest shall be used by the department for the
3956 personnel necessary to operate as a medical marijuana treatment 3985 administration of this section.
3957 center. 3986 8. That all owners, officers, board members, and managers
3958 5. The ability to maintain accountability of all raw 3987 have passed a background screening pursuant to subsection (9).
3959 materials, finished products, and any byproducts to prevent 3988 9. The employment of a medical director to supervise the
3960 diversion or unlawful access to or possession of these 3989 activities of the medical marijuana treatment center.
3961 substances. 3990 10. A diversity plan that promotes and ensures the
3962 6. An infrastructure reasonably located to dispense 3991 involvement of minority persons and certified rural or urban
3963 marijuana to registered qualified patients statewide or 3992 minority business enterprises, as defined in s. 288.703, or
3964 regionally as determined by the department. 3993 veteran business enterprises, as defined in s. 295.187, in
3965 7. The financial ability to maintain operations for the 3994 ownership, management, and employment. An applicant for
3966 duration of the 2-year approval cycle, including the provision 3995 licensure renewal must show the effectiveness of the diversity
3967 of certified financial statements to the department. 3996 plan by including the following with his or her application for
3968 a. Upon approval, the applicant must post a $5 million 3997 renewal:
3969 performance bond issued by an authorized surety insurance 3998 a. Representation of minority persons and veterans in the
3970 company rated in one of the three highest rating categories by a 3999 medical marijuana treatment center’s workforce;
3971 nationally recognized rating service. However, a medical 4000 b. Efforts to recruit minority persons and veterans for
3972 marijuana treatment center serving at least 1,000 qualified 4001 employment; and
3973 patients is only required to maintain a $2 million performance 4002 c. A record of contracts for services with rural or urban
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4003 minority business enterprises and veteran business enterprises. 4032 the designated ecosystem. Participation by any department of
4004 Section 110. Subsection (4) of section 403.031, Florida 4033 state government is at the discretion of that agency.
4005 Statutes, is amended to read: 4034 Section 112. Subsection (27) of section 403.503, Florida
4006 403.031 Definitions.—In construing this chapter, or rules 4035 Statutes, is amended to read:
4007 and regulations adopted pursuant hereto, the following words, 4036 403.503 Definitions relating to Florida Electrical Power
4008 phrases, or terms, unless the context otherwise indicates, have 4037 Plant Siting Act.—As used in this act:
4009 the following meanings: 4038 (27) “Regional planning council” means a regional planning
4010 (4) “Electrical power plant” means, for purposes of this 4039 council as defined in s. 186.503(4) in the jurisdiction of which
4011 part of this chapter, any electrical generating facility that 4040 the electrical power plant is proposed to be located.
4012 uses any process or fuel and that is owned or operated by an 4041 Section 113. Subsection (1) of section 403.50663, Florida
4013 electric utility, as defined in s. 403.503 s. 403.503(14), and 4042 Statutes, is amended to read:
4014 includes any associated facility that directly supports the 4043 403.50663 Informational public meetings.—
4015 operation of the electrical power plant. 4044 (1) A local government within whose jurisdiction the power
4016 Section 111. Subsection (6) of section 403.0752, Florida 4045 plant is proposed to be sited may hold one informational public
4017 Statutes, is amended to read: 4046 meeting in addition to the hearings specifically authorized by
4018 403.0752 Ecosystem management agreements.— 4047 this act on any matter associated with the electrical power
4019 (6) The secretary of the department may form ecosystem 4048 plant proceeding. Such informational public meetings shall be
4020 management advisory teams for consultation and participation in 4049 held by the local government or by the regional planning council
4021 the preparation of an ecosystem management agreement. The 4050 if the local government does not hold such meeting within 70
4022 secretary shall request the participation of at least the state 4051 days after the filing of the application. The purpose of an
4023 and regional and local government entities having regulatory 4052 informational public meeting is for the local government or
4024 authority over the activities to be subject to the ecosystem 4053 regional planning council to further inform the public about the
4025 management agreement. Such teams may also include 4054 proposed electrical power plant or associated facilities, obtain
4026 representatives of other participating or advisory government 4055 comments from the public, and formulate its recommendation with
4027 agencies, which may include regional planning councils, private 4056 respect to the proposed electrical power plant.
4028 landowners, public landowners and managers, public and private 4057 Section 114. Paragraph (a) of subsection (2) of section
4029 utilities, corporations, and environmental interests. Team 4058 403.507, Florida Statutes, is amended to read:
4030 members shall be selected in a manner that ensures adequate 4059 403.507 Preliminary statements of issues, reports, project
4031 representation of the diverse interests and perspectives within 4060 analyses, and studies.—
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4061 (2)(a) No later than 100 days after the certification 4090 5. The Department of Transportation shall address the
4062 application has been determined complete, the following agencies 4091 impact of the proposed electrical power plant on matters within
4063 shall prepare reports as provided below and shall submit them to 4092 its jurisdiction.
4064 the department and the applicant, unless a final order denying 4093 Section 115. Paragraphs (a) and (c) of subsection (4) of
4065 the determination of need has been issued under s. 403.519: 4094 section 403.509, Florida Statutes, are amended to read:
4066 1. The Department of Commerce shall prepare a report 4095 403.509 Final disposition of application.—
4067 containing recommendations which address the impact upon the 4096 (4)(a) Any transmission line corridor certified by the
4068 public of the proposed electrical power plant, based on the 4097 board, or secretary if applicable, shall meet the criteria of
4069 degree to which the electrical power plant is consistent with 4098 this section. When more than one transmission line corridor is
4070 the applicable portions of the state comprehensive plan, 4099 proper for certification under s. 403.503 s. 403.503(11) and
4071 emergency management, and other such matters within its 4100 meets the criteria of this section, the board, or secretary if
4072 jurisdiction. The Department of Commerce may also comment on the 4101 applicable, shall certify the transmission line corridor that
4073 consistency of the proposed electrical power plant with 4102 has the least adverse impact regarding the criteria in
4074 applicable strategic regional policy plans or local 4103 subsection (3), including costs.
4075 comprehensive plans and land development regulations. 4104 (c) If the board, or secretary if applicable, finds that
4076 2. The water management district shall prepare a report as 4105 two or more of the corridors that comply with subsection (3)
4077 to matters within its jurisdiction, including but not limited 4106 have the least adverse impacts regarding the criteria in
4078 to, the impact of the proposed electrical power plant on water 4107 subsection (3), including costs, and that the corridors are
4079 resources, regional water supply planning, and district-owned 4108 substantially equal in adverse impacts regarding the criteria in
4080 lands and works. 4109 subsection (3), including costs, the board, or secretary if
4081 3. Each local government in whose jurisdiction the proposed 4110 applicable, shall certify the corridor preferred by the
4082 electrical power plant is to be located shall prepare a report 4111 applicant if the corridor is one proper for certification under
4083 as to the consistency of the proposed electrical power plant 4112 s. 403.503 s. 403.503(11).
4084 with all applicable local ordinances, regulations, standards, or 4113 Section 116. Paragraph (a) of subsection (6) and paragraph
4085 criteria that apply to the proposed electrical power plant, 4114 (a) of subsection (7) of section 403.5115, Florida Statutes, are
4086 including any applicable local environmental regulations adopted 4115 amended to read:
4087 pursuant to s. 403.182 or by other means. 4116 403.5115 Public notice.—
4088 4. The Fish and Wildlife Conservation Commission shall 4117 (6)(a) A good faith effort shall be made by the applicant
4089 prepare a report as to matters within its jurisdiction. 4118 to provide direct written notice of the filing of an application
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4119 for certification by United States mail or hand delivery no 4148 (1) An electric utility that owns or operates an existing
4120 later than 45 days after filing of the application to all local 4149 electrical power plant as defined in s. 403.503 s. 403.503(14)
4121 landowners whose property, as noted in the most recent local 4150 may apply for certification of an existing power plant and its
4122 government tax records, and residences are located within the 4151 site in order to obtain all agency licenses necessary to ensure
4123 following distances of the proposed project: 4152 compliance with federal or state environmental laws and
4124 1. Three miles of the proposed main site boundaries of the 4153 regulation using the centrally coordinated, one-stop licensing
4125 proposed electrical power plant. 4154 process established by this part. An application for
4126 2. One-quarter mile for a transmission line corridor that 4155 certification under this section must be in the form prescribed
4127 only includes a transmission line as defined by s. 403.522 s. 4156 by department rule. Applications must be reviewed and processed
4128 403.522(22). 4157 using the same procedural steps and notices as for an
4129 3. One-quarter mile for all other linear associated 4158 application for a new facility, except that a determination of
4130 facilities extending away from the main site boundary except for 4159 need by the Public Service Commission is not required.
4131 a transmission line corridor that includes a transmission line 4160 Section 118. Paragraph (c) of subsection (2) of section
4132 that operates below those defined by s. 403.522 s. 403.522(22). 4161 403.518, Florida Statutes, is amended to read:
4133 (7)(a) A good faith effort shall be made by the proponent 4162 403.518 Fees; disposition.—The department shall charge the
4134 of an alternate corridor that includes a transmission line, as 4163 applicant the following fees, as appropriate, which, unless
4135 defined by s. 403.522 s. 403.522(22), to provide direct written 4164 otherwise specified, shall be paid into the Florida Permit Fee
4136 notice of the filing of an alternate corridor for certification 4165 Trust Fund:
4137 by United States mail or hand delivery of the filing no later 4166 (2) An application fee, which may shall not exceed
4138 than 30 days after filing of the alternate corridor to all local 4167 $200,000. The fee shall be fixed by rule on a sliding scale
4139 landowners whose property, as noted in the most recent local 4168 related to the size, type, ultimate site capacity, or increase
4140 government tax records, and residences, are located within one- 4169 in electrical generating capacity proposed by the application.
4141 quarter mile of the proposed boundaries of a transmission line 4170 (c)1. Upon written request with proper itemized accounting
4142 corridor that includes a transmission line as defined by s. 4171 within 90 days after final agency action by the board or
4143 403.522 s. 403.522(22). 4172 department or withdrawal of the application, the agencies that
4144 Section 117. Subsection (1) of section 403.5175, Florida 4173 prepared reports pursuant to s. 403.507 or participated in a
4145 Statutes, is amended to read: 4174 hearing pursuant to s. 403.508 may submit a written request to
4146 403.5175 Existing electrical power plant site 4175 the department for reimbursement of expenses incurred during the
4147 certification.— 4176 certification proceedings. The request must shall contain an
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4177 accounting of expenses incurred which may include time spent 4206 (1)(a) The formal date of the filing of the application for
4178 reviewing the application, preparation of any studies required 4207 certification and commencement of the review process for
4179 of the agencies by this act, agency travel and per diem to 4208 certification is the date on which the applicant submits:
4180 attend any hearing held pursuant to this act, and for any local 4209 1. Copies of the application for certification in a
4181 government’s or regional planning council’s provision of notice 4210 quantity and format, electronic or otherwise as prescribed by
4182 of public meetings required as a result of the application for 4211 rule, to the department and other agencies identified in s.
4183 certification. The department shall review the request and 4212 403.526(2).
4184 verify that the expenses are valid. Valid expenses must shall be 4213 2. The application fee as specified under s. 403.5365 to
4185 reimbursed; however, in the event the amount of funds available 4214 the department.
4186 for reimbursement is insufficient to provide for full 4215
4187 compensation to the agencies requesting reimbursement, 4216 The department shall provide to the applicant and the Division
4188 reimbursement is shall be on a prorated basis. 4217 of Administrative Hearings the names and addresses of any
4189 2. If the application review is held in abeyance for more 4218 additional agencies or persons entitled to notice and copies of
4190 than 1 year, the agencies may submit a request for 4219 the application and amendments, if any, within 7 days after
4191 reimbursement. This time period is shall be measured from the 4220 receiving the application for certification and the application
4192 date the applicant has provided written notification to the 4221 fees.
4193 department that it desires to have the application review 4222 Section 121. Paragraph (a) of subsection (2) of section
4194 process placed on hold. The fee disbursement shall be processed 4223 403.526, Florida Statutes, is amended to read:
4195 in accordance with subparagraph 1. 4224 403.526 Preliminary statements of issues, reports, and
4196 Section 119. Subsection (21) of section 403.522, Florida 4225 project analyses; studies.—
4197 Statutes, is amended to read: 4226 (2)(a) No later than 90 days after the filing of the
4198 403.522 Definitions relating to the Florida Electric 4227 application, the following agencies shall prepare reports as
4199 Transmission Line Siting Act.—As used in this act: 4228 provided below, unless a final order denying the determination
4200 (21) “Regional planning council” means a regional planning 4229 of need has been issued under s. 403.537:
4201 council as defined in s. 186.503(4) in the jurisdiction of which 4230 1. The department shall prepare a report as to the impact
4202 the project is proposed to be located. 4231 of each proposed transmission line or corridor as it relates to
4203 Section 120. Paragraph (a) of subsection (1) of section 4232 matters within its jurisdiction.
4204 403.5251, Florida Statutes, is amended to read: 4233 2. Each water management district in the jurisdiction of
4205 403.5251 Application; schedules.— 4234 which a proposed transmission line or corridor is to be located
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4235 shall prepare a report as to the impact on water resources and 4264 to the certification of the proposed transmission line or
4236 other matters within its jurisdiction. 4265 corridor unless the certification is denied or the application
4237 3. The Department of Commerce shall prepare a report 4266 is withdrawn.
4238 containing recommendations which address the impact upon the 4267 6. The Department of Transportation shall prepare a report
4239 public of the proposed transmission line or corridor, based on 4268 as to the impact of the proposed transmission line or corridor
4240 the degree to which the proposed transmission line or corridor 4269 on state roads, railroads, airports, aeronautics, seaports, and
4241 is consistent with the applicable portions of the state 4270 other matters within its jurisdiction.
4242 comprehensive plan, emergency management, and other matters 4271 7. The commission shall prepare a report containing its
4243 within its jurisdiction. The Department of Commerce may also 4272 determination under s. 403.537, and the report may include the
4244 comment on the consistency of the proposed transmission line or 4273 comments from the commission with respect to any other subject
4245 corridor with applicable strategic regional policy plans or 4274 within its jurisdiction.
4246 local comprehensive plans and land development regulations. 4275 8. Any other agency, if requested by the department, shall
4247 4. The Fish and Wildlife Conservation Commission shall 4276 also perform studies or prepare reports as to subjects within
4248 prepare a report as to the impact of each proposed transmission 4277 the jurisdiction of the agency which may potentially be affected
4249 line or corridor on fish and wildlife resources and other 4278 by the proposed transmission line.
4250 matters within its jurisdiction. 4279 Section 122. Paragraphs (d) and (f) of subsection (1) of
4251 5. Each local government shall prepare a report as to the 4280 section 403.5271, Florida Statutes, are amended to read:
4252 impact of each proposed transmission line or corridor on matters 4281 403.5271 Alternate corridors.—
4253 within its jurisdiction, including the consistency of the 4282 (1) No later than 45 days before the originally scheduled
4254 proposed transmission line or corridor with all applicable local 4283 certification hearing, any party may propose alternate
4255 ordinances, regulations, standards, or criteria that apply to 4284 transmission line corridor routes for consideration under the
4256 the proposed transmission line or corridor, including local 4285 provisions of this act.
4257 comprehensive plans, zoning regulations, land development 4286 (d) Within 21 days after acceptance of an alternate
4258 regulations, and any applicable local environmental regulations 4287 corridor by the department and the applicant, the party
4259 adopted pursuant to s. 403.182 or by other means. A change by 4288 proposing an alternate corridor shall have the burden of
4260 the responsible local government or local agency in local 4289 providing all data to the agencies listed in s. 403.5365 s.
4261 comprehensive plans, zoning ordinances, or other regulations 4290 403.526(2) and newly affected agencies necessary for the
4262 made after the date required for the filing of the local 4291 preparation of a supplementary report on the proposed alternate
4263 government’s report required by this section is not applicable 4292 corridor.
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4293 (f) The agencies listed in s. 403.5365 s. 403.526(2) and 4322 proposed electrical transmission line will be located no later
4294 any newly affected agencies shall file supplementary reports 4323 than 7 days before prior to the meeting. A newspaper of general
4295 with the applicant and the department which address the proposed 4324 circulation shall be the newspaper that has the largest daily
4296 alternate corridors no later than 24 days after the data 4325 circulation in that county and has its principal office in that
4297 submitted pursuant to paragraph (d) or paragraph (e) is 4326 county. If the newspaper with the largest daily circulation has
4298 determined to be complete. 4327 its principal office outside the county, the notices shall
4299 Section 123. Subsection (1) of section 403.5272, Florida 4328 appear in both the newspaper having the largest circulation in
4300 Statutes, is amended to read: 4329 that county and in a newspaper authorized to publish legal
4301 403.5272 Informational public meetings.— 4330 notices in that county.
4302 (1) A local government whose jurisdiction is to be crossed 4331 (5)(a) A good faith effort shall be made by the applicant
4303 by a proposed corridor may hold one informational public meeting 4332 to provide direct notice of the filing of an application for
4304 in addition to the hearings specifically authorized by this act 4333 certification by United States mail or hand delivery no later
4305 on any matter associated with the transmission line proceeding. 4334 than 45 days after filing of the application to all local
4306 The informational public meeting may be conducted by the local 4335 landowners whose property, as noted in the most recent local
4307 government or the regional planning council and shall be held no 4336 government tax records, and residences are located within one-
4308 later than 55 days after the application is filed. The purpose 4337 quarter mile of the proposed boundaries of a transmission line
4309 of an informational public meeting is for the local government 4338 corridor that only includes a transmission line as defined by s.
4310 or regional planning council to further inform the public about 4339 403.522 s. 403.522(22).
4311 the transmission line proposed, obtain comments from the public, 4340 (6)(a) A good faith effort shall be made by the proponent
4312 and formulate its recommendation with respect to the proposed 4341 of an alternate corridor that includes a transmission line, as
4313 transmission line. 4342 defined by s. 403.522 s. 403.522(22), to provide direct notice
4314 Section 124. Subsection (4), paragraph (a) of subsection 4343 of the filing of an alternate corridor for certification by
4315 (5), and paragraph (a) of subsection (6) of section 403.5363, 4344 United States mail or hand delivery of the filing no later than
4316 Florida Statutes, are amended to read: 4345 30 days after filing of the alternate corridor to all local
4317 403.5363 Public notices; requirements.— 4346 landowners whose property, as noted in the most recent local
4318 (4) A local government or regional planning council that 4347 government tax records, and residences are located within one-
4319 proposes to conduct an informational public meeting pursuant to 4348 quarter mile of the proposed boundaries of a transmission line
4320 s. 403.5272 must publish notice of the meeting in a newspaper of 4349 corridor that includes a transmission line as defined by s.
4321 general circulation within the county or counties in which the 4350 403.522 s. 403.522(22).
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4351 Section 125. Paragraph (d) of subsection (1) of section 4380 the date the applicant has provided written notification to the
4352 403.5365, Florida Statutes, is amended to read: 4381 department that it desires to have the application review
4353 403.5365 Fees; disposition.—The department shall charge the 4382 process placed on hold. The fee disbursement shall be processed
4354 applicant the following fees, as appropriate, which, unless 4383 in accordance with subparagraph 1.
4355 otherwise specified, shall be paid into the Florida Permit Fee 4384 Section 126. Paragraphs (a) and (d) of subsection (1) of
4356 Trust Fund: 4385 section 403.537, Florida Statutes, are amended to read:
4357 (1) An application fee. 4386 403.537 Determination of need for transmission line; powers
4358 (d)1. Upon written request with proper itemized accounting 4387 and duties.—
4359 within 90 days after final agency action by the siting board or 4388 (1)(a) Upon request by an applicant or upon its own motion,
4360 the department or the written notification of the withdrawal of 4389 the Florida Public Service Commission shall schedule a public
4361 the application, the agencies that prepared reports under s. 4390 hearing, after notice, to determine the need for a transmission
4362 403.526 or s. 403.5271 or participated in a hearing under s. 4391 line regulated by the Florida Electric Transmission Line Siting
4363 403.527 or s. 403.5271 may submit a written request to the 4392 Act, ss. 403.52-403.5365. The notice shall be published at least
4364 department for reimbursement of expenses incurred during the 4393 21 days before the date set for the hearing and shall be
4365 certification proceedings. The request must contain an 4394 published by the applicant in at least one-quarter page size
4366 accounting of expenses incurred, which may include time spent 4395 notice in newspapers of general circulation, and by the
4367 reviewing the application, preparation of any studies required 4396 commission in the manner specified in chapter 120, by giving
4368 of the agencies by this act, agency travel and per diem to 4397 notice to counties and regional planning councils in whose
4369 attend any hearing held under this act, and for the local 4398 jurisdiction the transmission line could be placed, and by
4370 government or regional planning council providing additional 4399 giving notice to any persons who have requested to be placed on
4371 notice of the informational public meeting. The department shall 4400 the mailing list of the commission for this purpose. Within 21
4372 review the request and verify whether a claimed expense is 4401 days after receipt of a request for determination by an
4373 valid. Valid expenses shall be reimbursed; however, if the 4402 applicant, the commission shall set a date for the hearing. The
4374 amount of funds available for reimbursement is insufficient to 4403 hearing shall be held pursuant to s. 350.01 within 45 days after
4375 provide for full compensation to the agencies, reimbursement 4404 the filing of the request, and a decision shall be rendered
4376 shall be on a prorated basis. 4405 within 60 days after such filing.
4377 2. If the application review is held in abeyance for more 4406 (d) The determination by the commission of the need for the
4378 than 1 year, the agencies may submit a request for reimbursement 4407 transmission line, as defined in s. 403.522 s. 403.522(22), is
4379 under subparagraph 1. This time period shall be measured from 4408 binding on all parties to any certification proceeding under the
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4409 Florida Electric Transmission Line Siting Act and is a condition 4438 successful arrangements with a county:
4410 precedent to the conduct of the certification hearing prescribed 4439 (a) Perform local hazardous waste management assessments;
4411 therein. An order entered pursuant to this section constitutes 4440 and
4412 final agency action. 4441 (b) Provide any technical expertise needed by the counties
4413 Section 127. Subsection (17) of section 403.704, Florida 4442 in developing the assessments.
4414 Statutes, is amended to read: 4443 Section 129. Subsection (1) of section 403.7226, Florida
4415 403.704 Powers and duties of the department.—The department 4444 Statutes, is amended to read:
4416 shall have responsibility for the implementation and enforcement 4445 403.7226 Technical assistance by the department.—The
4417 of this act. In addition to other powers and duties, the 4446 department shall:
4418 department shall: 4447 (1) Provide technical assistance to county governments and
4419 (17) Provide technical assistance to local governments and 4448 regional planning councils to ensure consistency in implementing
4420 regional agencies to ensure consistency between county hazardous 4449 local hazardous waste management assessments as provided in ss.
4421 waste management assessments; coordinate the development of such 4450 403.7225, 403.7234, and 403.7236. In order to ensure that each
4422 assessments with the assistance of the appropriate regional 4451 local assessment is properly implemented and that all
4423 planning councils; and review and make recommendations to the 4452 information gathered during the assessment is uniformly compiled
4424 Legislature relative to the sufficiency of the assessments to 4453 and documented, each county or regional planning council shall
4425 meet state hazardous waste management needs. 4454 contact the department during the preparation of the local
4426 Section 128. Subsections (3) and (6) of section 403.7225, 4455 assessment to receive technical assistance. Each county or
4427 Florida Statutes, are amended to read: 4456 regional planning council shall follow guidelines established by
4428 403.7225 Local hazardous waste management assessments.— 4457 the department, and adopted by rule as appropriate, in order to
4429 (3) Each county or regional planning council shall 4458 properly implement these assessments.
4430 coordinate the local hazardous waste management assessments 4459 Section 130. Subsection (2) of section 403.723, Florida
4431 within its jurisdiction according to guidelines established 4460 Statutes, is amended to read:
4432 under s. 403.7226. If a county declines to perform the local 4461 403.723 Siting of hazardous waste facilities.—It is the
4433 hazardous waste management assessment, the county must shall 4462 intent of the Legislature to facilitate siting of proper
4434 make arrangements with the department its regional planning 4463 hazardous waste storage facilities in each region and any
4435 council to perform the assessment. 4464 additional storage, treatment, or disposal facilities as
4436 (6) Unless performed by the county pursuant to subsection 4465 required. The Legislature recognizes the need for facilitating
4437 (3), the department regional planning councils shall upon 4466 disposal of waste produced by small generators, reducing the
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4467 volume of wastes generated in the state, reducing the toxicity 4496 3. The Department of Commerce shall prepare a report
4468 of wastes generated in the state, and providing treatment and 4497 containing recommendations which address the impact upon the
4469 disposal facilities in the state. 4498 public of the proposed natural gas transmission pipeline or
4470 (2) After each county designates areas for storage 4499 corridor, based on the degree to which the proposed natural gas
4471 facilities, the department each regional planning council shall 4500 transmission pipeline or corridor is consistent with the
4472 designate one or more sites at which a regional hazardous waste 4501 applicable portions of the state comprehensive plan and other
4473 storage or treatment facility could be constructed. 4502 matters within its jurisdiction. The Department of Commerce may
4474 Section 131. Subsection (22) of section 403.9403, Florida 4503 also comment on the consistency of the proposed natural gas
4475 Statutes, is amended to read: 4504 transmission pipeline or corridor with applicable strategic
4476 403.9403 Definitions.—As used in ss. 403.9401-403.9425, the 4505 regional policy plans or local comprehensive plans and land
4477 term: 4506 development regulations.
4478 (22) “Regional planning council” means a regional planning 4507 4. The Fish and Wildlife Conservation Commission shall
4479 council created pursuant to chapter 186 in the jurisdiction of 4508 prepare a report as to the impact of each proposed natural gas
4480 which the project is proposed to be located. 4509 transmission pipeline or corridor on fish and wildlife resources
4481 Section 132. Paragraph (a) of subsection (2) of section 4510 and other matters within its jurisdiction.
4482 403.941, Florida Statutes, is amended to read: 4511 5. Each local government in which the natural gas
4483 403.941 Preliminary statements of issues, reports, and 4512 transmission pipeline or natural gas transmission pipeline
4484 studies.— 4513 corridor will be located shall prepare a report as to the impact
4485 (2)(a) The affected agencies shall prepare reports as 4514 of each proposed natural gas transmission pipeline or corridor
4486 provided in this paragraph and shall submit them to the 4515 on matters within its jurisdiction, including the consistency of
4487 department and the applicant within 60 days after the 4516 the proposed natural gas transmission pipeline or corridor with
4488 application is determined sufficient: 4517 all applicable local ordinances, regulations, standards, or
4489 1. The department shall prepare a report as to the impact 4518 criteria that apply to the proposed natural gas transmission
4490 of each proposed natural gas transmission pipeline or corridor 4519 pipeline or corridor, including local comprehensive plans,
4491 as it relates to matters within its jurisdiction. 4520 zoning regulations, land development regulations, and any
4492 2. Each water management district in the jurisdiction of 4521 applicable local environmental regulations adopted pursuant to
4493 which a proposed natural gas transmission pipeline or corridor 4522 s. 403.182 or by other means. No change by the responsible local
4494 is to be located shall prepare a report as to the impact on 4523 government or local agency in local comprehensive plans, zoning
4495 water resources and other matters within its jurisdiction. 4524 ordinances, or other regulations made after the date required
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4525 for the filing of the local government’s report required by this 4554 regulated by ss. 403.9401-403.9425. Such notice shall be
4526 section shall be applicable to the certification of the proposed 4555 published at least 45 days before the date set for the hearing
4527 natural gas transmission pipeline or corridor unless the 4556 and shall be published in at least one-quarter page size in
4528 certification is denied or the application is withdrawn. 4557 newspapers of general circulation and in the Florida
4529 6. The Department of Transportation shall prepare a report 4558 Administrative Register, by giving notice to counties and
4530 on the effect of the natural gas transmission pipeline or 4559 regional planning councils in whose jurisdiction the natural gas
4531 natural gas transmission pipeline corridor on matters within its 4560 transmission pipeline could be placed, and by giving notice to
4532 jurisdiction, including roadway crossings by the pipeline. The 4561 any persons who have requested to be placed on the mailing list
4533 report shall contain at a minimum: 4562 of the commission for this purpose. Within 21 days after receipt
4534 a. A report by the applicant to the department stating that 4563 of a request for determination by an applicant, the commission
4535 all requirements of the department’s utilities accommodation 4564 shall set a date for the hearing. The hearing shall be held
4536 guide have been or will be met in regard to the proposed 4565 pursuant to s. 350.01 within 75 days after the filing of the
4537 pipeline or pipeline corridor; and 4566 request, and a decision shall be rendered within 90 days after
4538 b. A statement by the department as to the adequacy of the 4567 such filing.
4539 report to the department by the applicant. 4568 Section 134. Subsection (4) of section 403.973, Florida
4540 7. The Department of State, Division of Historical 4569 Statutes, is amended to read:
4541 Resources, shall prepare a report on the impact of the natural 4570 403.973 Expedited permitting; amendments to comprehensive
4542 gas transmission pipeline or natural gas transmission pipeline 4571 plans.—
4543 corridor on matters within its jurisdiction. 4572 (4) The regional teams shall be established through the
4544 8. The commission shall prepare a report addressing matters 4573 execution of a project-specific memorandum of agreement
4545 within its jurisdiction. The commission’s report shall include 4574 developed and executed by the applicant and the secretary, with
4546 its determination of need issued pursuant to s. 403.9422. 4575 input solicited from the respective heads of the Department of
4547 Section 133. Paragraph (a) of subsection (1) of section 4576 Transportation and its district offices, the Department of
4548 403.9422, Florida Statutes, is amended to read: 4577 Agriculture and Consumer Services, the Fish and Wildlife
4549 403.9422 Determination of need for natural gas transmission 4578 Conservation Commission, appropriate regional planning councils,
4550 pipeline; powers and duties.— 4579 appropriate water management districts, and voluntarily
4551 (1)(a) Upon request by an applicant or upon its own motion, 4580 participating municipalities and counties. The memorandum of
4552 the commission shall schedule a public hearing, after notice, to 4581 agreement should also accommodate participation in this
4553 determine the need for a natural gas transmission pipeline 4582 expedited process by other local governments and federal
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4583 agencies as circumstances warrant. 4612 of the comprehensive plan provided in chapter 163, to assure
4584 Section 135. Paragraphs (b) and (d) of subsection (1) of 4613 compatibility with the health goals and policies in the State
4585 section 408.033, Florida Statutes, are amended to read: 4614 Comprehensive Plan and district health plan. To facilitate the
4586 408.033 Local and state health planning.— 4615 implementation of this section, the local health council shall
4587 (1) LOCAL HEALTH COUNCILS.— 4616 annually provide the local governments in its service area, upon
4588 (b) Each local health council may: 4617 request, with:
4589 1. Develop a district area health plan that permits each 4618 a. A copy and appropriate updates of the district health
4590 local health council to develop strategies and set priorities 4619 plan;
4591 for implementation based on its unique local health needs. 4620 b. A report of nursing home utilization statistics for
4592 2. Advise the agency on health care issues and resource 4621 facilities within the local government jurisdiction; and
4593 allocations. 4622 c. Applicable agency rules and calculated need
4594 3. Promote public awareness of community health needs, 4623 methodologies for health facilities and services regulated under
4595 emphasizing health promotion and cost-effective health service 4624 s. 408.034 for the district served by the local health council.
4596 selection. 4625 7.8. Monitor and evaluate the adequacy, appropriateness,
4597 4. Collect data and conduct analyses and studies related to 4626 and effectiveness, within the district, of local, state,
4598 health care needs of the district, including the needs of 4627 federal, and private funds distributed to meet the needs of the
4599 medically indigent persons, and assist the agency and other 4628 medically indigent and other underserved population groups.
4600 state agencies in carrying out data collection activities that 4629 8.9. In conjunction with the Department of Health, plan for
4601 relate to the functions in this subsection. 4630 services at the local level for persons infected with the human
4602 5. Monitor the onsite construction progress, if any, of 4631 immunodeficiency virus.
4603 certificate-of-need approved projects and report council 4632 9.10. Provide technical assistance to encourage and support
4604 findings to the agency on forms provided by the agency. 4633 activities by providers, purchasers, consumers, and local,
4605 6. Advise and assist any regional planning councils within 4634 regional, and state agencies in meeting the health care goals,
4606 each district that have elected to address health issues in 4635 objectives, and policies adopted by the local health council.
4607 their strategic regional policy plans with the development of 4636 10.11. Provide the agency with data required by rule for
4608 the health element of the plans to address the health goals and 4637 the review of certificate-of-need applications and the
4609 policies in the State Comprehensive Plan. 4638 projection of need for health facilities in the district.
4610 6.7. Advise and assist local governments within each 4639 (d) Each local health council shall enter into a memorandum
4611 district on the development of an optional health plan element 4640 of agreement with each regional planning council in its district
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4641 that elects to address health issues in its strategic regional 4670 (b) One citizen actively engaged in the home mortgage
4642 policy plan. In addition, each local health council shall enter 4671 lending profession.
4643 into a memorandum of agreement with each local government that 4672 (c) One citizen actively engaged in the real estate sales
4644 includes an optional health element in its comprehensive plan. 4673 profession.
4645 Each memorandum of agreement must specify the manner in which 4674 (d) One citizen actively engaged in apartment development.
4646 each local government, regional planning council, and local 4675 (e) One citizen actively engaged in the management and
4647 health council will coordinate its activities to ensure a 4676 operation of a rental housing development.
4648 unified approach to health planning and implementation efforts. 4677 (f) Two citizens who represent very-low-income and low-
4649 Section 136. Subsection (24) of section 409.901, Florida 4678 income persons.
4650 Statutes, is amended to read: 4679 (g) One citizen representing a community-based organization
4651 409.901 Definitions; ss. 409.901-409.920.—As used in ss. 4680 with experience in housing development.
4652 409.901-409.920, except as otherwise specifically provided, the 4681 (h) One citizen representing a community-based organization
4653 term: 4682 with experience in housing development in a community with a
4654 (24) “Minority physician network” means a network of 4683 population of less than 50,000 persons.
4655 primary care physicians with experience managing Medicaid or 4684 (i) Two citizens who represent elderly persons’ housing
4656 Medicare recipients that is predominantly owned by a minority 4685 interests.
4657 person minorities as defined in s. 287.0931(2) s. 288.703, which 4686 (j) One representative of regional planning councils.
4658 may have a collaborative partnership with a public college or 4687 (j)(k) One representative of the Florida League of Cities.
4659 university and a tax-exempt charitable corporation. 4688 (k)(l) One representative of the Florida Association of
4660 Section 137. Subsection (1) of section 420.609, Florida 4689 Counties.
4661 Statutes, is amended to read: 4690 (l)(m) Two citizens representing statewide growth
4662 420.609 Affordable Housing Study Commission.—Because the 4691 management organizations.
4663 Legislature firmly supports affordable housing in Florida for 4692 (m)(n) One citizen of the state to serve as chair of the
4664 all economic classes: 4693 commission.
4665 (1) There is created the Affordable Housing Study 4694 (n)(o) One citizen representing a residential community
4666 Commission, which shall be composed of 20 21 members to be 4695 developer.
4667 appointed by the Governor: 4696 (o)(p) One member who is a resident of the state.
4668 (a) One citizen actively engaged in the residential home 4697 (p)(q) One representative from a local housing authority.
4669 building industry. 4698 (q)(r) One citizen representing the housing interests of
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4699 homeless persons. 4728 A vacancy occurring on the commission shall be filled by the
4700 Section 138. Paragraph (b) of subsection (2) of section 4729 original appointing authority for the unexpired balance of the
4701 440.45, Florida Statutes, is amended to read: 4730 term. An attorney who appears before any judge of compensation
4702 440.45 Office of the Judges of Compensation Claims.— 4731 claims more than four times a year is not eligible to serve on
4703 (2) 4732 the statewide nominating commission. The meetings and
4704 (b) Except as provided in paragraph (c), the Governor shall 4733 determinations of the nominating commission as to the judges of
4705 appoint a judge of compensation claims from a list of three 4734 compensation claims shall be open to the public.
4706 persons nominated by a statewide nominating commission. The 4735 Section 139. Subsection (1), paragraph (a) of subsection
4707 statewide nominating commission shall be composed of the 4736 (3), and subsection (6) of section 473.3065, Florida Statutes,
4708 following: 4737 are amended to read:
4709 1. Six members, at least one of whom must be a member of a 4738 473.3065 Clay Ford Scholarship Program; Certified Public
4710 minority person group as defined in s. 287.0931(2) s. 288.703, 4739 Accountant Education Minority Assistance Advisory Council.—
4711 one of each who resides in each of the territorial jurisdictions 4740 (1) The Clay Ford Scholarship Program for Florida residents
4712 of the district courts of appeal, appointed by the Board of 4741 is hereby established in the division for the purpose of
4713 Governors of The Florida Bar from among The Florida Bar members 4742 providing scholarships to minority persons as defined in s.
4714 engaged in the practice of law. Each member shall be appointed 4743 287.0931(2) s. 288.703 who are students enrolled in their fifth
4715 for a 4-year term; 4744 year of an accounting education program at an institution in
4716 2. Six electors, at least one of whom must be a member of a 4745 this state approved by the board by rule. A Certified Public
4717 minority person group as defined in s. 287.0931(2) s. 288.703, 4746 Accountant Education Minority Assistance Advisory Council shall
4718 one of each who resides in each of the territorial jurisdictions 4747 assist the board in administering the program.
4719 of the district courts of appeal, appointed by the Governor. 4748 (3) The board shall adopt rules as necessary for
4720 Each member shall be appointed for a 4-year term; and 4749 administration of the Clay Ford Scholarship Program, including
4721 3. Six electors, at least one of whom must be a member of a 4750 rules relating to the following:
4722 minority person group as defined in s. 287.0931(2) s. 288.703, 4751 (a) Eligibility criteria for receipt of a scholarship,
4723 one of each who resides in the territorial jurisdictions of the 4752 which, at a minimum, shall include the following factors:
4724 district courts of appeal, selected and appointed by a majority 4753 1. Financial need.
4725 vote of the other 10 members of the commission. Each member 4754 2. Ethnic, gender, or racial minority status pursuant to s.
4726 shall be appointed for a 4-year term. 4755 287.0931(2) s. 288.703(4).
4727 4756 3. Scholastic ability and performance.
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4757 (6) There is hereby created the Certified Public Accountant 4786 of the board shall be compensated in accordance with ss.
4758 Education Minority Assistance Advisory Council to assist the 4787 455.207(4) and 112.061.
4759 board in administering the Clay Ford Scholarship Program. The 4788 Section 140. Paragraph (f) of subsection (1) of section
4760 council shall be diverse and representative of the gender, 4789 501.171, Florida Statutes, is amended to read:
4761 ethnic, and racial categories set forth in s. 287.0931(2) s. 4790 501.171 Security of confidential personal information.—
4762 288.703(4). 4791 (1) DEFINITIONS.—As used in this section, the term:
4763 (a) The council shall consist of five licensed Florida- 4792 (f) “Governmental entity” means any department, division,
4764 certified public accountants selected by the board, of whom one 4793 bureau, commission, regional planning agency, board, district,
4765 shall be a board member who serves as chair of the council, one 4794 authority, agency, or other instrumentality of this state that
4766 shall be a representative of the National Association of Black 4795 acquires, maintains, stores, or uses data in electronic form
4767 Accountants, one shall be a representative of the Cuban American 4796 containing personal information.
4768 CPA Association, and two shall be selected at large. At least 4797 Section 141. Section 625.3255, Florida Statutes, is amended
4769 one member of the council must be a woman. 4798 to read:
4770 (b) The board shall determine the terms for initial 4799 625.3255 Capital participation instrument.—An insurer may
4771 appointments and appointments thereafter. 4800 invest in any capital participation instrument or evidence of
4772 (c) Any vacancy on the council shall be filled in the 4801 indebtedness issued by the Department of Commerce pursuant to
4773 manner provided for the selection of the initial member. Any 4802 the Florida Small and Minority Business Assistance Act.
4774 member appointed to fill a vacancy of an unexpired term shall be 4803 Section 142. Subsection (7) of section 627.3511, Florida
4775 appointed for the remainder of that term. 4804 Statutes, is amended to read:
4776 (d) Three consecutive absences or absences constituting 50 4805 627.3511 Depopulation of Citizens Property Insurance
4777 percent or more of the council’s meetings within any 12-month 4806 Corporation.—
4778 period shall cause the council membership of the member in 4807 (7) A minority business, which is at least 51 percent owned
4779 question to become void, and the position shall be considered 4808 by minority persons as described in s. 287.0931(2) s. 288.703,
4780 vacant. 4809 desiring to operate or become licensed as a property and
4781 (e) The members of the council shall serve without 4810 casualty insurer may exempt up to $50 of the escrow requirements
4782 compensation, and any necessary and actual expenses incurred by 4811 of the take-out bonus, as described in this section. Such
4783 a member while engaged in the business of the council shall be 4812 minority business, which has applied for a certificate of
4784 borne by such member or by the organization or agency such 4813 authority to engage in business as a property and casualty
4785 member represents. However, the council member who is a member 4814 insurer, may simultaneously file the business’ proposed take-out
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4815 plan, as described in this section, with the corporation. 4844 the credit union may be invested in any of the following:
4816 Section 143. Subsection (1) of section 641.217, Florida 4845 (b) Any capital participation instrument or evidence of
4817 Statutes, is amended to read: 4846 indebtedness issued by the Department of Commerce pursuant to
4818 641.217 Minority recruitment and retention plans required.— 4847 the Florida Small and Minority Business Assistance Act.
4819 (1) Any entity contracting with the Agency for Health Care 4848 Section 145. Paragraph (f) of subsection (4) of section
4820 Administration to provide health care services to Medicaid 4849 658.67, Florida Statutes, is amended to read:
4821 recipients or state employees on a prepaid or fixed-sum basis 4850 658.67 Investment powers and limitations.—A bank may invest
4822 must submit to the Agency for Health Care Administration the 4851 its funds, and a trust company may invest its corporate funds,
4823 entity’s plan for recruitment and retention of health care 4852 subject to the following definitions, restrictions, and
4824 practitioners who are minority persons as defined in s. 4853 limitations:
4825 287.0931(2) s. 288.703. The plan must demonstrate an ability to 4854 (4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS
4826 recruit and retain minority persons which shall include, but is 4855 OF CAPITAL ACCOUNTS.—
4827 not limited to, the following efforts: 4856 (f) Up to 10 percent of the capital accounts of a bank or
4828 (a) Establishing and maintaining contacts with various 4857 trust company may be invested in any capital participation
4829 organizations representing the interests and concerns of 4858 instrument or evidence of indebtedness issued by the Department
4830 minority constituencies to seek advice and assistance. 4859 of Commerce pursuant to the Florida Small and Minority Business
4831 (b) Identifying and recruiting at colleges and universities 4860 Assistance Act.
4832 which primarily serve minority students. 4861 Section 146. Subsection (1) of section 947.02, Florida
4833 (c) Reviewing and analyzing the organization’s workforce as 4862 Statutes, is amended to read:
4834 to minority representation. 4863 947.02 Florida Commission on Offender Review; members,
4835 (d) Other factors identified by the Agency for Health Care 4864 appointment.—
4836 Administration by rule. 4865 (1) Except as provided in s. 947.021, the members of the
4837 Section 144. Paragraph (b) of subsection (4) of section 4866 Florida Commission on Offender Review shall be appointed by the
4838 657.042, Florida Statutes, is amended to read: 4867 Governor and Cabinet from a list of eligible applicants
4839 657.042 Investment powers and limitations.—A credit union 4868 submitted by a parole qualifications committee. The appointments
4840 may invest its funds subject to the following definitions, 4869 of members of the commission shall be certified to the Senate by
4841 restrictions, and limitations: 4870 the Governor and Cabinet for confirmation, and the membership of
4842 (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF 4871 the commission shall include representation from minority
4843 CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of 4872 persons as defined in s. 287.0931(2) s. 288.703.
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4873 Section 147. Section 947.021, Florida Statutes, is amended 4902 institution or organization represented, or his or her designee.
4874 to read: 4903 One member must be a representative of the American Cancer
4875 947.021 Florida Commission on Offender Review; expedited 4904 Society; one member must be a representative of the Sylvester
4876 appointments.—Whenever the Legislature decreases the membership 4905 Comprehensive Cancer Center of the University of Miami; one
4877 of the commission, all terms of office shall expire, 4906 member must be a representative of the University of Florida
4878 notwithstanding any law to the contrary. Under such 4907 Shands Cancer Center; one member must be a representative of the
4879 circumstances, the Governor and Cabinet shall expedite the 4908 Florida Nurses Association who specializes in the field of
4880 appointment of commissioners. Notwithstanding the parole 4909 oncology and is not from an institution or organization already
4881 qualifications committee procedure in s. 947.02, members shall 4910 represented on the council; one member must be a representative
4882 be directly appointed by the Governor and Cabinet. Members 4911 of the Florida Osteopathic Medical Association who specializes
4883 appointed to the commission may be selected from incumbents. 4912 in the field of oncology; one member must be a member of the
4884 Members shall be certified to the Senate by the Governor and 4913 Florida Medical Association who specializes in the field of
4885 Cabinet for confirmation, and the membership of the commission 4914 oncology and who represents a cancer center not already
4886 shall include representation from minority persons as defined in 4915 represented on the council; one member must be a representative
4887 s. 287.0931(2) s. 288.703. 4916 of the H. Lee Moffitt Cancer Center and Research Institute,
4888 Section 148. Paragraph (a) of subsection (4) of section 4917 Inc.; one member must be a representative of the Mayo Clinic in
4889 1004.435, Florida Statutes, is amended to read: 4918 Jacksonville; one member must be a member of the Florida
4890 1004.435 Cancer control and research.— 4919 Hospital Association who specializes in the field of oncology
4891 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 4920 and who represents a comprehensive cancer center not already
4892 CREATION; COMPOSITION.— 4921 represented on the council; one member must be a representative
4893 (a) There is created within the H. Lee Moffitt Cancer 4922 of the Association of Community Cancer Centers; one member must
4894 Center and Research Institute, Inc., the Florida Cancer Control 4923 specialize in pediatric oncology research or clinical care
4895 and Research Advisory Council. The council shall consist of 16 4924 appointed by the Governor; one member must specialize in
4896 members, which includes the chairperson, all of whom must be 4925 oncology clinical care or research appointed by the President of
4897 residents of this state. The State Surgeon General or his or her 4926 the Senate; one member must be a current or former cancer
4898 designee within the Department of Health shall be one of the 16 4927 patient or a current or former caregiver to a cancer patient
4899 members. Members, except those appointed by the Governor, the 4928 appointed by the Speaker of the House of Representatives; one
4900 Speaker of the House of Representatives, or the President of the 4929 member must be a member of the House of Representatives
4901 Senate, must be appointed by the chief executive officer of the 4930 appointed by the Speaker of the House of Representatives; and
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4931 one member must be a member of the Senate appointed by the 4960 requirements set forth in s. 163.3184(11) to ensure full public
4932 President of the Senate. At least four of the members must be 4961 participation in this planning process. The informal public
4933 individuals who are minority persons as defined in s. 4962 information session must be held before the first public
4934 287.0931(2) by s. 288.703. 4963 hearing. The first public hearing shall be held before the draft
4935 Section 149. Subsection (6) of section 1013.30, Florida 4964 master plan is sent to the agencies specified in this
4936 Statutes, is amended to read: 4965 subsection. The second public hearing shall be held in
4937 1013.30 University campus master plans and campus 4966 conjunction with the adoption of the draft master plan by the
4938 development agreements.— 4967 university board of trustees. Campus master plans developed
4939 (6) Before a campus master plan is adopted, a copy of the 4968 under this section are not rules and are not subject to chapter
4940 draft master plan must be sent for review or made available 4969 120 except as otherwise provided in this section.
4941 electronically to the host and any affected local governments, 4970 Section 150. For the purpose of incorporating the amendment
4942 the state land planning agency, the Department of Environmental 4971 made by this act to section 288.0656, Florida Statutes, in
4943 Protection, the Department of Transportation, the Department of 4972 references thereto, paragraph (h) of subsection (1) of section
4944 State, the Fish and Wildlife Conservation Commission, and the 4973 215.971, Florida Statutes, is reenacted to read:
4945 applicable water management district and regional planning 4974 215.971 Agreements funded with federal or state
4946 council. At the request of a governmental entity, a hard copy of 4975 assistance.—
4947 the draft master plan shall be submitted within 7 business days 4976 (1) An agency agreement that provides state financial
4948 of an electronic copy being made available. These agencies must 4977 assistance to a recipient or subrecipient, as those terms are
4949 be given 90 days after receipt of the campus master plans in 4978 defined in s. 215.97, or that provides federal financial
4950 which to conduct their review and provide comments to the 4979 assistance to a subrecipient, as defined by applicable United
4951 university board of trustees. The commencement of this review 4980 States Office of Management and Budget circulars, must include
4952 period must be advertised in newspapers of general circulation 4981 all of the following:
4953 within the host local government and any affected local 4982 (h) If the agency agreement provides federal or state
4954 government to allow for public comment. Following receipt and 4983 financial assistance to a county or municipality that is a rural
4955 consideration of all comments and the holding of an informal 4984 community or rural area of opportunity as those terms are
4956 information session and at least two public hearings within the 4985 defined in s. 288.0656(2), a provision allowing the agency to
4957 host jurisdiction, the university board of trustees shall adopt 4986 provide for the payment of invoices to the county, municipality,
4958 the campus master plan. It is the intent of the Legislature that 4987 or rural area of opportunity as that term is defined in s.
4959 the university board of trustees comply with the notice 4988 288.0656(2), for verified and eligible performance that has been
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4989 completed in accordance with the terms and conditions set forth 5018 Federal Government, such as those offered by the United States
4990 in the agreement. This provision is included to alleviate the 5019 Department of Agriculture and the United States Department of
4991 financial hardships that certain rural counties and 5020 Commerce, and state programs, including those offered by Rural
4992 municipalities encounter when administering agreements, and must 5021 Economic Development Initiative agencies, and to facilitate
4993 be exercised by the agency when a county or municipality 5022 local government or private infrastructure funding efforts, the
4994 demonstrates financial hardship, to the extent that federal or 5023 department may award grants for up to 75 percent of the total
4995 state law, rule, or other regulation allows such payments. This 5024 infrastructure project cost, or up to 100 percent of the total
4996 paragraph may not be construed to alter or limit any other 5025 infrastructure project cost for a project located in a rural
4997 provisions of federal or state law, rule, or other regulation. 5026 community as defined in s. 288.0656(2) which is also located in
4998 Section 151. For the purpose of incorporating the amendment 5027 a fiscally constrained county as defined in s. 218.67(1) or a
4999 made by this act to section 288.0656, Florida Statutes, in a 5028 rural area of opportunity as defined in s. 288.0656(2). Eligible
5000 reference thereto, subsection (2) of section 257.193, Florida 5029 uses of funds may include improving any inadequate
5001 Statutes, is reenacted to read: 5030 infrastructure that has resulted in regulatory action that
5002 257.193 Community Libraries in Caring Program.— 5031 prohibits economic or community growth and reducing the costs to
5003 (2) The purpose of the Community Libraries in Caring 5032 community users of proposed infrastructure improvements that
5004 Program is to assist libraries in rural communities, as defined 5033 exceed such costs in comparable communities. Eligible uses of
5005 in s. 288.0656(2) and subject to the provisions of s. 288.06561, 5034 funds include improvements to public infrastructure for
5006 to strengthen their collections and services, improve literacy 5035 industrial or commercial sites and upgrades to or development of
5007 in their communities, and improve the economic viability of 5036 public tourism infrastructure. Authorized infrastructure may
5008 their communities. 5037 include the following public or public-private partnership
5009 Section 152. For the purpose of incorporating the amendment 5038 facilities: storm water systems; telecommunications facilities;
5010 made by this act to section 288.0656, Florida Statutes, in 5039 roads or other remedies to transportation impediments; nature-
5011 references thereto, paragraph (b) of subsection (2) of section 5040 based tourism facilities; or other physical requirements
5012 288.0655, Florida Statutes, is reenacted to read: 5041 necessary to facilitate tourism, trade, and economic development
5013 288.0655 Rural Infrastructure Fund.— 5042 activities in the community. Authorized infrastructure may also
5014 (2) 5043 include publicly or privately owned self-powered nature-based
5015 (b) To facilitate access of rural communities and rural 5044 tourism facilities, publicly owned telecommunications
5016 areas of opportunity as defined by the Rural Economic 5045 facilities, and additions to the distribution facilities of the
5017 Development Initiative to infrastructure funding programs of the 5046 existing natural gas utility as defined in s. 366.04(3)(c), the
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5047 existing electric utility as defined in s. 366.02, or the 5076 eligible to participate.
5048 existing water or wastewater utility as defined in s. 5077
5049 367.021(12), or any other existing water or wastewater facility, 5078 Any employer participating in the program must do so until the
5050 which owns a gas or electric distribution system or a water or 5079 end of the term for which the carrier providing the coverage is
5051 wastewater system in this state when: 5080 obligated to provide such coverage to the program. Coverage for
5052 1. A contribution-in-aid of construction is required to 5081 a small employer group that ceases to meet the eligibility
5053 serve public or public-private partnership facilities under the 5082 requirements of this section may be terminated at the end of the
5054 tariffs of any natural gas, electric, water, or wastewater 5083 policy period for which the necessary premiums have been paid.
5055 utility as defined herein; and 5084 Section 154. For the purpose of incorporating the
5056 2. Such utilities as defined herein are willing and able to 5085 amendments made by this act to sections 288.1167 and 288.124,
5057 provide such service. 5086 Florida Statutes, in references thereto, paragraph (b) of
5058 Section 153. For the purpose of incorporating the amendment 5087 subsection (2) of section 288.0001, Florida Statutes, is
5059 made by this act to section 288.0656, Florida Statutes, in a 5088 reenacted to read:
5060 reference thereto, paragraph (d) of subsection (14) of section 5089 288.0001 Economic Development Programs Evaluation.—The
5061 627.6699, Florida Statutes, is reenacted to read: 5090 Office of Economic and Demographic Research and the Office of
5062 627.6699 Employee Health Care Access Act.— 5091 Program Policy Analysis and Government Accountability (OPPAGA)
5063 (14) SMALL EMPLOYERS ACCESS PROGRAM.— 5092 shall develop and present to the Governor, the President of the
5064 (d) Eligibility.— 5093 Senate, the Speaker of the House of Representatives, and the
5065 1. Any small employer that is actively engaged in business, 5094 chairs of the legislative appropriations committees the Economic
5066 has its principal place of business in this state, employs up to 5095 Development Programs Evaluation.
5067 25 eligible employees on business days during the preceding 5096 (2) The Office of Economic and Demographic Research and
5068 calendar year, employs at least 2 employees on the first day of 5097 OPPAGA shall provide a detailed analysis of economic development
5069 the plan year, and has had no prior coverage for the last 6 5098 programs as provided in the following schedule:
5070 months may participate. 5099 (b) By January 1, 2015, and every 3 years thereafter, an
5071 2. Any municipality, county, school district, or hospital 5100 analysis of:
5072 employer located in a rural community as defined in s. 5101 1. The entertainment industry sales tax exemption program
5073 288.0656(2) may participate. 5102 established under s. 288.1258.
5074 3. Nursing home employers may participate. 5103 2. VISIT Florida and its programs established or funded
5075 4. Each dependent of a person eligible for coverage is also 5104 under ss. 288.122-288.12265 and 288.124.
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5105 3. The Florida Sports Foundation and related programs, 5134 licensed under part I of chapter 468 are excluded, unless
5106 including those established under ss. 288.1162, 288.11621, 5135 otherwise collectively bargained.
5107 288.1166, and 288.1167. 5136 Section 156. For the purpose of incorporating the amendment
5108 Section 155. For the purpose of incorporating the amendment 5137 made by this act to section 164.1031, Florida Statutes, in a
5109 made by this act to section 447.203, Florida Statutes, in 5138 reference thereto, paragraph (d) of subsection (2) of section
5110 references thereto, paragraph (w) of subsection (2) of section 5139 163.3162, Florida Statutes, is reenacted to read:
5111 110.205, Florida Statutes, is reenacted to read: 5140 163.3162 Agricultural lands and practices.—
5112 110.205 Career service; exemptions.— 5141 (2) DEFINITIONS.—As used in this section, the term:
5113 (2) EXEMPT POSITIONS.—The exempt positions that are not 5142 (d) “Governmental entity” has the same meaning as provided
5114 covered by this part include the following: 5143 in s. 164.1031. The term does not include a water management
5115 (w) Managerial employees, as defined in s. 447.203(4), 5144 district, a water control district established under chapter
5116 confidential employees, as defined in s. 447.203(5), and 5145 298, or a special district created by special act for water
5117 supervisory employees who spend the majority of their time 5146 management purposes.
5118 communicating with, motivating, training, and evaluating 5147 Section 157. For the purpose of incorporating the amendment
5119 employees, and planning and directing employees’ work, and who 5148 made by this act to section 164.1031, Florida Statutes, in a
5120 have the authority to hire, transfer, suspend, lay off, recall, 5149 reference thereto, subsection (8) of section 373.129, Florida
5121 promote, discharge, assign, reward, or discipline subordinate 5150 Statutes, is reenacted to read:
5122 employees or effectively recommend such action, including all 5151 373.129 Maintenance of actions.—The department, the
5123 employees serving as supervisors, administrators, and directors. 5152 governing board of any water management district, any local
5124 Excluded are employees also designated as special risk or 5153 board, or a local government to which authority has been
5125 special risk administrative support and attorneys who serve as 5154 delegated pursuant to s. 373.103(8), is authorized to commence
5126 administrative law judges pursuant to s. 120.65 or for hearings 5155 and maintain proper and necessary actions and proceedings in any
5127 conducted pursuant to s. 120.57(1)(a). Additionally, registered 5156 court of competent jurisdiction for any of the following
5128 nurses licensed under chapter 464, dentists licensed under 5157 purposes:
5129 chapter 466, psychologists licensed under chapter 490 or chapter 5158 (8) In conflicts arising where a water management district
5130 491, nutritionists or dietitians licensed under part X of 5159 is a party to litigation against another governmental entity, as
5131 chapter 468, pharmacists licensed under chapter 465, 5160 defined in s. 164.1031, a district has an affirmative duty to
5132 psychological specialists licensed under chapter 491, physical 5161 engage in alternative dispute resolution in good faith as
5133 therapists licensed under chapter 486, and speech therapists 5162 required by chapter 164.
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5163 Section 158. For the purpose of incorporating the amendment 5192 (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The
5164 made by this act to section 339.155, Florida Statutes, in 5193 Governor, acting as the chief planning officer of the state,
5165 references thereto, subsections (1) and (3) of section 339.2819, 5194 shall appoint a resource planning and management committee for
5166 Florida Statutes, are reenacted to read: 5195 the Florida Keys Area with the membership as specified in s.
5167 339.2819 Transportation Regional Incentive Program.— 5196 380.045(2). Meetings shall be called as needed by the chair or
5168 (1) There is created within the Department of 5197 on the demand of three or more members of the committee. The
5169 Transportation a Transportation Regional Incentive Program for 5198 committee shall:
5170 the purpose of providing funds to improve regionally significant 5199 (a) Serve as a liaison between the state and local
5171 transportation facilities in regional transportation areas 5200 governments within Monroe County.
5172 created pursuant to s. 339.155(4). 5201 (b) Develop, with local government officials in the Florida
5173 (3) The department shall allocate funding available for the 5202 Keys Area, recommendations to the state land planning agency as
5174 Transportation Regional Incentive Program to the districts based 5203 to the sufficiency of the Florida Keys Area’s comprehensive plan
5175 on a factor derived from equal parts of population and motor 5204 and land development regulations.
5176 fuel collections for eligible counties in regional 5205 (c) Recommend to the state land planning agency changes to
5177 transportation areas created pursuant to s. 339.155(4). 5206 state and regional plans and regulatory programs affecting the
5178 Section 159. For the purpose of incorporating the 5207 Florida Keys Area.
5179 amendments made by this act to sections 380.045 and 380.05, 5208 (d) Assist units of local government within the Florida
5180 Florida Statutes, in a reference thereto, subsections (5) and 5209 Keys Area in carrying out the planning functions and other
5181 (6) of section 380.0552, Florida Statutes, are reenacted to 5210 responsibilities required by this section.
5182 read: 5211 (e) Review, at a minimum, all reports and other materials
5183 380.0552 Florida Keys Area; protection and designation as 5212 provided to it by the state land planning agency or other
5184 area of critical state concern.— 5213 governmental agencies.
5185 (5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5), 5214 Section 160. For the purpose of incorporating the amendment
5186 (9)-(11), (15), (17), and (21) shall not apply to the area 5215 made by this act to section 403.507, Florida Statutes, in a
5187 designated by this section for so long as the designation 5216 reference thereto, paragraph (a) of subsection (1) of section
5188 remains in effect. Except as otherwise provided in this section, 5217 403.5064, Florida Statutes, is reenacted to read:
5189 s. 380.045 shall not apply to the area designated by this 5218 403.5064 Application; schedules.—
5190 section. All other provisions of this chapter shall apply, 5219 (1) The formal date of filing of a certification
5191 including s. 380.07. 5220 application and commencement of the certification review process
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5221 shall be when the applicant submits: 5250 403.5271 Alternate corridors.—
5222 (a) Copies of the certification application in a quantity 5251 (1) No later than 45 days before the originally scheduled
5223 and format as prescribed by rule to the department and other 5252 certification hearing, any party may propose alternate
5224 agencies identified in s. 403.507(2)(a). 5253 transmission line corridor routes for consideration under the
5225 Section 161. For the purpose of incorporating the amendment 5254 provisions of this act.
5226 made by this act to section 403.526, Florida Statutes, in a 5255 (d) Within 21 days after acceptance of an alternate
5227 reference thereto, paragraph (a) of subsection (1) of section 5256 corridor by the department and the applicant, the party
5228 403.5251, Florida Statutes, is reenacted to read: 5257 proposing an alternate corridor shall have the burden of
5229 403.5251 Application; schedules.— 5258 providing all data to the agencies listed in s. 403.526(2) and
5230 (1)(a) The formal date of the filing of the application for 5259 newly affected agencies necessary for the preparation of a
5231 certification and commencement of the review process for 5260 supplementary report on the proposed alternate corridor.
5232 certification is the date on which the applicant submits: 5261 (f) The agencies listed in s. 403.526(2) and any newly
5233 1. Copies of the application for certification in a 5262 affected agencies shall file supplementary reports with the
5234 quantity and format, electronic or otherwise as prescribed by 5263 applicant and the department which address the proposed
5235 rule, to the department and other agencies identified in s. 5264 alternate corridors no later than 24 days after the data
5236 403.526(2). 5265 submitted pursuant to paragraph (d) or paragraph (e) is
5237 2. The application fee as specified under s. 403.5365 to 5266 determined to be complete.
5238 the department. 5267 Section 163. For the purpose of incorporating the amendment
5239 5268 made by this act to section 403.941, Florida Statutes, in a
5240 The department shall provide to the applicant and the Division 5269 reference thereto, paragraph (c) of subsection (5) of section
5241 of Administrative Hearings the names and addresses of any 5270 403.9421, Florida Statutes, is reenacted to read:
5242 additional agencies or persons entitled to notice and copies of 5271 403.9421 Fees; disposition.—The department shall charge the
5243 the application and amendments, if any, within 7 days after 5272 applicant the following fees, as appropriate, which shall be
5244 receiving the application for certification and the application 5273 paid into the Florida Permit Fee Trust Fund:
5245 fees. 5274 (5) In administering fee revenues received under this
5246 Section 162. For the purpose of incorporating the amendment 5275 section, the department shall allocate the funds as follows:
5247 made by this act to section 403.526, Florida Statutes, in 5276 (c) The balance of fees remaining shall be used by the
5248 references thereto, paragraphs (d) and (f) of subsection (1) of 5277 department to reimburse affected agencies included in s.
5249 section 403.5271, Florida Statutes, are reenacted to read: 5278 403.941(2)(a) for costs incurred in application and
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5279 postcertification review, respectively.
5280 1. For application processing costs, upon presentation by
5281 an affected agency of a proper itemized accounting within 90
5282 days after the date of the board’s order approving certification
5283 or the date on which a pending application is otherwise disposed
5284 of, the department shall reimburse the agencies for authorized
5285 costs from the fee balances remaining. Such reimbursement shall
5286 be authorized for studies and the preparation of any reports
5287 required of the agencies by ss. 403.9401-403.9425, for agency
5288 travel and per diem to attend any hearing held, and for
5289 participation in the proceedings. In the event the amount
5290 available for allocation is insufficient to provide for complete
5291 reimbursement to the agencies, reimbursement shall be on a
5292 prorated basis. If any sums are remaining, the department shall
5293 retain them for use in the same manner as is otherwise
5294 authorized by this section; however, if the certification
5295 application is withdrawn, the remaining sums shall be refunded
5296 to the applicant within 120 days after withdrawal.
5297 2. For postcertification costs, an invoice may be submitted
5298 on an annual basis, commencing from the date of certification,
5299 for expenses incurred by affected agencies conducting
5300 postcertification review work pursuant to the conditions of
5301 certification. In the event the amount available for allocation
5302 is insufficient to provide for complete reimbursement to the
5303 agencies, reimbursement shall be on a prorated basis.
5304 Section 164. This act shall take effect July 1, 2025.
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2025 AGENCY LEGISLATIVE BILL ANALYSIS
Department of Commerce
BILL INFORMATION
BILL NUMBER: SB 1264
BILL TITLE: Rural and Urban Business Enterprises
BILL SPONSOR: Collins
EFFECTIVE DATE: 7/1/2025
COMMITTEES OF REFERENCE CURRENT COMMITTEE
1) Senate Commerce and Tourism Senate Commerce and Tourism
2) Senate Finance and Tax
3) Senate Appropriations Committee on Transportation, SIMILAR BILLS
Tourism, and Economic Development
BILL NUMBER: HB 1125
4) Senate Rules
SPONSOR: Owen
5)
IDENTICAL BILLS
BILL NUMBER:
PREVIOUS LEGISLATION
BILL NUMBER: SPONSOR:
SPONSOR:
YEAR: Is this bill part of an agency package?
Yes
LAST ACTION:
BILL ANALYSIS INFORMATION
DATE OF ANALYSIS: 3/13/25
LEAD AGENCY ANALYST: Stephen Marante
ADDITIONAL ANALYST(S):
LEGAL ANALYST:
FISCAL ANALYST:
2025 Agency Bill Analysis
POLICY ANALYSIS
1. EXECUTIVE SUMMARY
The bill revises provisions relating to the Florida Department of Commerce (FloridaCommerce).
Specifically, the bill:
• Creates the Office of Secure Florida within the Department, consolidating the enforcement of E-Verify and
the prohibition of illegal foreign land purchases into a single office;
• Revises provisions related to the Law Enforcement Recruitment Bonus Program;
• Creates the Florida Research, Innovation, Science, and Engineering (RISE) Investment Tax Credit Program
within the Department;
• Revises provisions related to rural economic development including the creation of a rural site readiness
toolkit consisting of grant programs aimed at economic development in rural communities;
• Creates an exemption for military installations from the provisions specified in Section 253.025(21)(d),
Florida Statutes;
• Repeals a provision that would sunset the tax exemption on data centers;
• Creates an exemption for certain projects related to Space Florida from Consultants’ Competitive Negotiation
Act (CCNA) requirements;
• Amends the definition of “Managerial Employees” in Section 447.203, Florida Statutes to include those
involved in business development for the State of Florida.
• Addresses Constitutionality of Race-Based Finance and Contracting Statutes;
• Repeals statutory references to Regional Planning Councils.
2. SUBSTANTIVE BILL ANALYSIS
1. PRESENT SITUATION:
Office of Secure Florida
Commerce plays a pivotal role in implementing programs outlined below:
E-Verify: Pursuant to Sections 448.09 and 448.095, Florida Statutes, FloridaCommerce is responsible for the
enforcement of E-Verify, an Internet-based system that allows employers to verify the employment eligibility of their
employees.
• Employers must verify new employees' eligibility within 3 business days of starting work, per 8 C.F.R. s. 274a.
• Public agencies must use E-Verify for this purpose.
• Private employers with 25 or more employees must use E-Verify starting July 1, 2023.
• Employers using E-Verify must certify compliance annually when contributing to state unemployment systems.
“Secure Florida”: Pursuant to Section 692.203, Florida Statutes, FloridaCommerce enforces the prohibition of the
purchase of real property by foreign principals from countries of concern on or near critical infrastructure in the state.
• FloridaCommerce created the SecureFlorida Portal on its website allows foreign principals to register properties.
• The law requires foreign principals to register property interests owned before July 1, 2023, by December 30,
2023.
• A foreign principal that fails to timely file a registration with the department is subject to a civil penalty of $1,000
for each day the registration is late.
FloridaCommerce received 0 FTE to implement the enforcement requirements laid out through these programs.
Law Enforcement Recruitment Bonus Program
Following the 2022 legislative session, Governor DeSantis signed House Bill 3, which includes the creation of the
Florida Law Enforcement Recruitment Bonus Payment Program. The program aims to aid in the recruitment of law
enforcement officers within the state and attract out-of-state officers to Florida. The program administers one-time
bonus payments of $5,000 after taxes to each eligible newly employed officer within the state.
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As of March 2025, approximately 7,400 bonuses have been awarded to new law enforcement officers through the
Law Enforcement Recruitment Bonus program.
To be eligible for the bonus, law enforcement officers are required to maintain continuous employment for a two-year
period with no more than a 15-day break in service. When law enforcement officers have a break in service of more
than 15 days, they are required to reimburse the bonus payment to FloridaCommerce.
FloridaCommerce has received requests from several officers who had breaks in service that exceeded 15 days for a
reprieve from paying back their bonus. Currently, the breaks in service range from 18 to 101 days for those impacted
officers. Each officer that has made the request has returned to full-time employment as a law enforcement officer.
The program is set to sunset on July 1, 2025.
Venture Capital and the Florida Research, Innovation, Science, and Engineering (RISE) Investment Tax Credit
Program
Venture capital (VC) is a form of private equity and a type of financing for startup companies and small businesses
with long-term growth potential.
While there are existing programs aimed at increasing VC in the state, such as the Florida Opportunity Fund, there
are currently no tax credit programs incentivizing VC investments in small businesses in the state. Florida is the 3rd
largest state in the nation, but is far behind New York, Massachusetts, and California in venture capital investments.
According to the National Venture Capital Association (NVCA) 2024 Yearbook, California receives more venture
capital dollars in just 14 days than Florida does in an entire year.
Florida Opportunity Fund: Pursuant to Section 288.9624, Florida Statutes, the Florida Opportunity Fund was
established in 2008 to increase the availability of venture capital in Florida. The fund actively invests in Florida-
focused venture capital funds, infrastructure projects, and emerging Florida-focused companies targeting industries of
strategic importance to the state, including energy, healthcare, manufacturing, and technology. The fund has four
main programs:
• The Florida Venture Capital Program: provides direct investments to increase capital available to small
businesses with an emphasis placed on investment opportunities within the State of Florida’s targeted industries.
• The Fund of Funds Program: created to realize significant long-term capital appreciation by identifying and
investing in a diversified, high-quality portfolio of venture capital funds that target (in whole or in part) investment
opportunities within Florida.
• The Clean Energy Investment Program (CEIP): created to promote energy efficient or renewable energy (EE/RE)
products and technologies in Florida by providing funding to businesses to increase the use of EE/RE
technologies, equipment, and materials in the State.
• Equity Capital Program: The American Rescue Plan Act of 2021 (ARPA) reauthorized and amended the Small
Business Jobs Act of 2010, and as part of subsequent agreements with the State, the Equity Capital Program
(ECP) was funded with approximately $30 million in late FY 2023. The ECP provides direct investments to
increase capital available to small businesses, with an emphasis on Economically Disadvantaged Businesses
(SEDI) and Very Small Businesses (VSB) within the State of Florida’s targeted industries.
Rural Economic Development
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.
Section 288.0656, Florida Statutes defines rural counties for purposes of REDI eligibility as counties with a population
below 75,000 and those below 125,000 and adjacent to a county with a population of less than 75,000. Population
parameters were last adjusted in 2009. Florida has grown tremendously in recent years, and as a result, Flagler
County no longer meets the statutory definition of a rural county.
Military Installations – Reverter Clause
The Board of Trustees of the Internal Improvement Trust Fund (Board) is responsible for acquisition of state lands,
overseen by the Department of Environmental Protection (DEP) Division of State-Owned Land. FloridaCommerce
submits to the board annually a list of non-conservation lands that are recommended to be purchased to protect
against military encroachment.
The “reverter clause” refers to Section 253.025(21)(d), Florida Statutes, which specifies that land sold or transferred
by the Board will revert to the Board if the land is not used for its intended purposes as a military installation buffer or
if the military installation closes.
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2025 Agency Bill Analysis
Naval Support Academy (NSA) Panama City: A condo development was planned to be built next to NSA Panama
City, but the height of the condos would have exceeded the base’s site line into classified activities and jeopardize
base functions. At the recommendation of base leadership, the State of Florida purchased the land to prevent against
encroachment. The State of Florida attempted to transfer the land to the US Navy, but the Navy would not accept the
land transfer due to concerns that the “Reverter Clause” in Florida statute may be triggered in the future. In December
2023, the Governor and Cabinet waived the reverter clause requirement in this instance, facilitating progress towards
transferring ownership to the Navy.
Data Center Tax Exemption
The Information Technology industry, including Data Center operations, will see tremendous growth through the next
decade and is one of Florida’s targeted industries.
Section 212.08(5)(r), Florida Statutes defines a data center and determines data center property as exempt from the
tax imposed by Chapter 212, except for the tax imposed by s. 212.031. It additionally outlines eligibility requirements
to qualify for the tax exemption.
After June 30, 2027, the department may not issue a temporary tax exemption certificate for data centers. The Data
Center Property tax exemption is a tool that provides an opportunity for the state to maintain its hold as a hotspot for
tech businesses. The sunsetting of the exemption on June 30, 2027, will have uncompetitive repercussions given the
long-time frame of data center projects for construction and operation.
Business Development Employees
FloridaCommerce’s business development team is responsible for managing business recruitment, retention, and
expansion projects. Business recruitment, retention, and expansion is a unique responsibility within state government.
These positions are important to FloridaCommerce’s economic development mission. This responsibility of business
development employees requires a specialized skillset including confidentiality, negotiating, complex research and
analysis, and flexibility due to prospect, partner, and travel needs. Non-supervisory business development employees
are classified as career service in accordance with current statutes.
The current career service classification for business development employees does not accurately reflect the level of
talent required for these positions, nor does it reflect the unique responsibilities and scheduling requirements of the
role. These employees often have a demanding schedule and serve at the intersection of FloridaCommerce’s
programs as they work with businesses seeking to relocate to, or expand within, Florida. During this process, they
must share information and recommend support that crosses programmatic divisions. In addition, business
development team members have and will continue to be recruited to other positions, creating a need to retain top
talent in these roles.
Space Florida Procurement
Currently, Florida Statutes state that Space Florida is not an agency as defined in ss. 216.011 and 287.012.
The Consultants’ Competitive Negotiation Act (CCNA) governs the procurement of professional services for public
projects, outlining procedures for public announcements, qualifications, competitive selection, and contract
negotiations. The act also prohibits contingent fees and provides for the administration of projects by the Department
of Management Services (DMS). While private-sector companies are generally not subject to the CCNA, projects in
which Space Florida is the “owner” of the building—despite being entirely funded by a private entity—are widely
interpreted as not being exempt from its requirements.
This legal ambiguity often catches companies off guard, as they are not using taxpayer dollars yet are still subject to
public procurement rules. As a result, projects face unnecessary delays and added costs, creating an unforeseen
barrier to investment and impeding Florida’s mission to become the global and interplanetary hub for sustainable
aerospace commerce. Private companies investing their own capital typically prefer to work with trusted designers
and contractors rather than vendors selected through a public procurement process with whom they have no prior
relationship. Additionally, the CCNA process imposes an average delay of three months on private-sector projects,
further discouraging investment and slowing progress.
Certainly, the statute never intended to regulate the procurement of a private company – but the language is having
unintended consequences as private companies cannot risk violating the law as written. Clarifying this exemption is
essential to removing these barriers and maintaining Florida’s leadership in the aerospace industry.
Addressing Constitutionality of Race-Based Finance and Contracting Statutes
Several provisions of Florida Statutes provide economic incentives exclusive to minority business enterprises.
A Minority Business Enterprise is defined in statute as a for-profit enterprise, regardless of size, which is owned,
controlled, and managed by a minority group or members. “Ownership” by minority individuals means the business is
at least 51% owned by such individuals or, in the case of a publicly owned business, at least 51% of the stock is
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owned by one or more such individuals. Further, those minority group members must control the governance of the
business and manage its daily business operations.
Another example is the Black Business Loan Program (BBLP) which provides loans, loan guarantees, or investments
through Loan Administrators to black business enterprises that cannot otherwise obtain capital through conventional
lending institutions - s. 288.7102, F.S.
Black Business Investment Corporations (BBICs) are corporations that provides loans, loan guarantees, or
investments to black business enterprises under the program. FloridaCommerce annually certifies BBICs to receive
funds and make loans. There are currently two Black business Investment Corporations/loan administrators for the
Black Business Loan Program: the Miami Bayside Foundation and the Florida A&M University Federal Credit Union.
The BBLP is underutilized and has historically reverted funds. For example, in FY 2023 – 2024, only two BBICs
participated in the program: The West Palm Beach BBIC was allocated -$741,666.00, but $731,166.00 of those funds
went unused; The Miami Bayside Foundation (BBIC) was allocated $1,483,332.00, however $758,661.93 went
unused.
Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023), is a landmark decision of the United States Supreme
Court ruling that race-based admissions practices violate the Equal Protection Clause of the Fourteenth Amendment.
With its companion case, Students for Fair Admissions v. University of North Carolina, the Supreme Court effectively
overruled Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), which validated
some affirmative action in college admissions provided that race had a limited role in decisions.
If these statutes were challenged, they would likely face the same scrutiny as did the cases regarding Harvard and the
University of North Carolina.
Regional Planning Councils
Florida’s regional planning councils were commissioned under Chapter 186, Florida Statutes, to provide
comprehensive planning and intergovernmental coordination.
There are ten Regional Planning Councils across the state: Emerald Coast, Apalachee, Northeast, North Central,
East Central, Tampa Bay, Central, Treasure Coast, Southwest, South.
Current responsibilities of Regional Planning Councils include:
1. Comprehensive Regional Planning
• Strategic Regional Policy Plans (SRPPs): Develop long-term plans addressing transportation, housing,
emergency response, economic development, and environmental protection (Section 186.507, F.S.).
• Growth Management: Review and coordinate local government comprehensive plans to ensure consistency
with regional and state objectives (Chapter 163, F.S.).
2. Economic Development Support
• Assist local governments with activities designed to promote and facilitate economic development (Section
186.505(12), F.S.).
3. Transportation Planning
• Coordinate regional transportation systems and land development policies (Section 339.175, F.S.).
• Serve as partners with Metropolitan Planning Organizations (MPOs) to improve regional mobility.
4. Emergency Preparedness and Disaster Resilience
• Develop and implement emergency response plans in coordination with the Florida Division of Emergency
Management (Chapter 252, F.S.).
• Hurricane and disaster mitigation planning for the region’s infrastructure and economy
5. Environmental Planning and Resource Management
• Water Quality & Conservation: Conduct environmental studies and advocate for sustainable land-use policies.
• Climate Resilience Planning: Provide technical support for climate adaptation and coastal resiliency
programs.
6. Regional Clearinghouse Responsibilities
• Review federal and state projects to determine regional significance (State Executive Order 83-150).
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o The Intergovernmental Coordination and Review (ICR) process is a federally mandated program to
make state officials aware of federal projects, programs and documents of statewide significance that
may affect them.
o State Executive Order 83-150 designated Florida’s Regional Planning Councils as “regional
clearinghouses.” This designation calls for the Councils to review such projects to determine their
significance.
• Ensure that local governments are aware of potential impacts of large-scale developments and infrastructure
projects.
7. Intergovernmental Coordination
• Resolve conflicts between local governments through mediation and cooperative agreements (Section
186.509, F.S.).
8. Technical Assistance to Local Governments
• Advise local officials on planning, zoning, and land-use policies.
• Conduct impact assessments for proposed developments.
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2. EFFECT OF THE BILL:
Office of Secure Florida
The bill establishes the Office of Secure Florida within the FloridaCommerce Division of Economic Development to
more proactively coordinate and enhance for Floridians and Florida businesses’ efforts to understand the laws,
comply with the laws, conduct business without a cloud of uncertainty, and when necessary, enforce efforts specified
in Sections 448.09, Section 448.095 and Section 692.203, Florida Statutes.
This will create more job opportunities for Floridians and other lawful citizens of the United States. In turn, this will lead
to a reduction in crime and deter illegal employment in the state of Florida. Additionally, this provision safeguards the
financial value of property and assets in Florida from the influence of foreign entities of concern
Law Enforcement Recruitment Bonus
The bill creates much-needed flexibility for law enforcement officers that are switching agencies. The bill maintains the
program’s eligibility requirement for continuous full-time employment with a Florida criminal justice agency for at least
2 years from the date on which the officer obtained certification but extends the period for a permissible break in
service from 15 days to 180 days.
The bill clarifies that a break in service does not count towards the required 2 years of continuous service.
The bill also requires law enforcement officers to provide documentation to FloridaCommerce justifying the break in
service and allows FloridaCommerce to establish acceptable circumstances for the break in service through
rulemaking.
The bill repeals Subsection 9 of Section 445.08, Florida Statutes, removing the sunset provision of the Law
Enforcement Recruitment Program in 2025.
Venture Capital and the Florida Research, Innovation, Science, and Engineering (RISE) Investment Tax Credit
Program
The bill will create jobs and economic investment in Florida though the creation of a tax credit program that would
allow qualified venture capital funds to receive tax credits in exchange for making qualified investments in new
companies. Tax credits would be administered through FloridaCommerce in consultation with the Florida Opportunity
Fund and State Board of Administration.
There would be no upfront costs associated with administering this program. The program’s subsidy is generated
through the market sale of credits to investors. The RISE tax credit program has projected minimum guaranteed
returns of $4 of private sector investment for every $1 in tax credits issued.
The bill creates a process by which an applicant can apply to the Department of Commerce for authorization to claim
tax credits.
The bill sets parameters for tax credits that may be issued in one year:
• The amount of tax credits available in any fiscal year shall not exceed $100,000,000.
• The Department of Commerce may not authorize more than $10,000,000 in tax credits to one qualifying
private fund in one state fiscal year.
The bill establishes a process by which tax credits are to be issued and by which qualified private funds can claim
their tax credit. Qualifying private funds may receive tax credits equivalent to 25% of a qualifying investment. The
bill establishes limits to the distribution of tax credits over a five-year period by limiting the issuance of tax credits
to no more than one-fifth of the tax credits authorized for a qualifying investment in a qualifying portfolio in one
state fiscal year.
The bill establishes permissible methods in which tax credits can be utilized by qualifying private funds, including
the sale or transfer of a tax credit.
The bill establishes requirements for eligibility to the program, reporting requirements for the Department of
Commerce, and authority for the Department of Commerce to create rules to implement the bill.
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Rural Economic Development
The bill revises Section 288.0656, Florida Statutes by increasing the population thresholds of a rural community by
10,000. This amended definition allows counties with a population of 85,000, as well as counties with a population of
less than 135,000 that are contiguous to a county that has a population of less than 85,000 or below to qualify as a
rural community.
The bill increases investment and job creation in rural communities and reduces the cost and other burdens for rural
communities to induce that investment by establishing a rural site readiness toolkit within FloridaCommerce. The
toolkit consists of grant programs aimed at economic development in rural communities, including consulting services,
site preparedness, marketing, and training grant opportunities. The grant programs in the toolkit are to have a specific
focus on assisting with site-readiness.
Military Installations – Reverter Clause
The bill exempts military installations from the provisions specified in Section 253.025(21)(d), Florida Statutes. This
adds clarity and surety that any land transferred to US military installations by the State of Florida for purposes of
preventing against civilian encroachment on installations cannot be reverted to the State of Florida. This allows
military bases to gain ownership over the surrounding land and continues to strengthen military communities across
the state.
Data Center Tax Exemption
The bill repeals the provision that sunsets the data center tax exemption after June 30, 2027.
The permanent extension of the sales tax exemption for Data Centers will incentivize artificial intelligence growth that
will create jobs and strategically place Florida at the forefront of research and technology. The data center industry
has made it unequivocally clear that extending the tax exemption is essential for any future investment in Florida,
especially for hyperscale date center investments, and they have warned that failure to address it well before the
sunset date could jeopardize initial and repeat investment in the state. Because data center investments are multi-
year efforts, with companies rarely building out a facility in a single phase and often expanding with second, third, or
even more facilities, it is critical that this barrier to investment is addressed now rather than later to ensure Florida
remains a competitive destination for this high-value infrastructure. This will positively impact the State of Florida's
ability to secure large data center projects for construction and operation within the state, boosting economic
opportunities for Floridians.
Business Development Employees
The bill amends the definition of Managerial Employees in Section 447.203(4)(a), F.S. to include those involved in
business development for the State of Florida. In effect, this re-classifies non-supervisory business development
employees from Career Service Employees to SES Employees.
Space Florida Procurement
The bill creates an exemption for privately funded projects related to Space Florida from Consultants’ Competitive
Negotiation Act (CCNA) requirements. The bill ensures only publicly funded projects are subject to the CCNA. The bill
does not impact CCNA requirements for public, taxpayer-funded projects.
By making certain only publicly funded projects are subject to this statute, we are streamlining processes for private
sector-driven infrastructure and development, enhancing flexibility in selection providers based on tailored needs. This
approach keeps the standards for public, taxpayer-funded projects intact while promoting efficiency and economic
growth in private financed initiatives. Ensnarling private-sector companies in the CCNA is most certainly not the
legislature’s purpose for the CCNA, and clarifying this exemption is essential to removing these barriers and maintaining
Florida’s leadership in the aerospace industry.
Addressing Constitutionality of Race-Based Finance and Contracting Statutes
Repeals or amends provision of Florida Statutes which provide preferential treatment for economic development tools
to Floridians based on race. Maximizes the potential of all businesses and ensures equal opportunities for all Floridians,
regardless of background, by repealing provisions related to certified minority enterprises in Chapter 288, Florida
Statutes.
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The bill amends ss. 17.11, 255.101, 255.102, 287.042, 287.0931, 287.09451, 287.0947, 288.001, 288.0065, 287.055,
287.057, 287.0943, 288.1167, 288.12266, 288.1229, 288.124, 288.7015, 288.702, 288.703, 288.7031, 288.705,
288.776, 288.975, 290.004, 290.0056, 290.0057, 320.63, 331.351, 445.004, 445.007, Florida Statutes, by clarifying that
those statutes are applicable to Floridians in rural and urban areas of the state.
The bill repeals Part IV of Chapter 288 Florida Statutes.
Repeal Regional Planning Councils
This streamlines and improves government efficiencies, reduces redundant layers of bureaucracy, de-centralizes
decision-making, and empowers local governments by repealing regional planning councils (RPC’s) and makes
conforming changes to Florida Statutes. Local counties and communities are not prohibited from forming an RPC if they
elect to do so on their own.
The bill amends ss. 68.082, 120.52, 120.525, 120.65, 163.3164, 63.3177, 163.3184, 163.3245, 163.568, 164.1031,
186.003, 186.006, 186.007, 186.008, 186.803, 187.201, 218.32, 258.501, 260.0142, 288.975, 335.188, 339.155,
339.175, 339.63, 339.64, 341.041, 343.54, 377.703, 378.411, 380.031, 380.045, 380.05, 380.055, 380.06, 380.061,
380.07, 380.507, 403.0752, 403.503, 403.50663, 403.507, 403.518, 403.522, 403.526, 403.5272, 403.5363, 403.5365,
403.537, 403.704, 403.7225, 403.7226, F.S.
The bill repeals s. 186.501-515, Florida Statutes.
Section 53 of the bill allows a county or municipality to enter into an agreement to form regional planning entity pursuant
to Chapter 163, Florida Statutes.
3. DOES THE LEGISLATION DIRECT OR ALLOW THE AGENCY/BOARD/COMMISSION/DEPARTMENT TO
DEVELOP, ADOPT, OR ELIMINATE RULES, REGULATIONS, POLICIES, OR PROCEDURES?
If yes, explain: Yes, the bill authorizes the Department to adopt rules to implement revisions to
the Law Enforcement Recruitment Bonus Program, the creation of the rural
economic development toolkit, and the RISE venture capital tax credit
program.
What is the expected
impact to the agency’s core N/A
mission?
Rule(s) impacted (provide
references to F.A.C., etc.): N/A
4. WHAT IS THE POSITION OF AFFECTED CITIZENS OR STAKEHOLDER GROUPS?
List any known proponents Proponents of the bill include:
and opponents: • Florida’s workers, employers, homeowners, and realtor groups, and
students
• Rural communities
• Economic development councils
• Local and state chambers of Commerce
• Military partners
• Aerospace companies
Provide a summary of the Secure Florida
proponents’ and opponents’ Workers throughout the state support this bill because it will create more job
positions:
opportunities for Floridians and other lawful citizens of the United States.
Businesses, homeowners, and realtor groups support this bill because it
provides resources for them to better understand Florida’s laws governing
foreign ownership of property and allows them to more effectively come into
compliance with those laws.
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2025 Agency Bill Analysis
Venture Capital and the Florida Research, Innovation, Science, and
Engineering (RISE) Investment Tax Credit Program
For business, Florida RISE provides a direct boost to the state’s startup
ecosystem by increasing access to venture capital for early-stage companies,
particularly in technology, manufacturing, and research & development. This
influx of investment helps businesses scale, innovate, and create high-paying
jobs. Additionally, a stronger startup environment attracts more talent,
partnerships, and opportunities, making Florida a more attractive place for
businesses to launch and expand.
For university students, especially those studying in high-tech fields, RISE
fosters a thriving innovation economy, creating more opportunities for
internships, research collaborations, and high-paying jobs in Florida. Instead of
seeking opportunities elsewhere, students born and raised in Florida
graduating with tech-focused degrees can find promising career paths within
the state, working for startups backed by strong venture funding. This not only
retains top talent but also encourages student entrepreneurship, as those
looking to launch their own ventures will benefit from increased access to
funding and support networks.
Other stakeholders including investors, incubators, and accelerators benefit
from a more vibrant business landscape, while local communities see
economic growth through job creation and increased consumer spending.
Rural Economic Development
Rural communities support this bill because the bill increases investment and
job creation in rural communities and reduces the cost and other burdens for
rural communities to induce that investment by establishing a rural site
readiness toolkit within FloridaCommerce.
Data Center Tax Exemption
Local and state chambers of commerce support this bill because the
permanent extension of the sales tax exemption for data centers will
incentivize artificial intelligence growth that will create jobs and strategically
place Florida at the forefront of research and technology.
Military Partners
Federal Military Partners and members of Florida’s Installation Community
support this bill because it adds needed clarity to statutes that ultimately
prevent against base encroachment.
Space Florida – CCNA Requirements
Aerospace companies support the clarification this bill will provide them when
procuring services as it will allow them to more quickly and efficiently move
forward on advanced aerospace projects without fear of violating the law.
5. ARE THERE ANY REPORTS OR STUDIES REQUIRED BY THIS BILL?
If yes, provide a Yes – the bill requires the Department of Commerce to include reporting data
description: regarding the RISE program in its annual incentives report required under
Section 288.0065, Florida Statutes.
Date Due: N/A
Bill Section Number(s): Section 6
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6. ARE THERE ANY GUBERNATORIAL APPOINTMENTS OR CHANGES TO EXISTING BOARDS, TASK
FORCES, COUNCILS, COMMISSION, ETC. REQUIRED BY THIS BILL?
Board: N/A
Board Purpose: N/A
Who Appointments: N/A
Appointee Term: N/A
Changes: N/A
Bill Section Number(s): N/A
FISCAL ANALYSIS
1. WHAT IS THE FISCAL IMPACT TO LOCAL GOVERNMENT?
Revenues: Rural Economic Development:
The bill increases investment and job creation in rural communities and
reduces the cost and other burdens for rural communities to induce that
investment.
Data Centers:
Extending the existing tax exemption for data centers will generate substantial
economic benefits for local governments and the state, without disrupting any
current tax collections. The properties in question (for data center
development) are currently vacant land, contributing no revenue to the tax
base. However, by incentivizing data center development, these sites have the
potential to transform into hubs of economic activity. Importantly, as
businesses leverage these facilities to scale their operations, additional
economic growth will ripple through the community, benefiting a wide range of
industries.
Expenditures: N/A
Does the legislation N/A
increase local taxes or
fees?
If yes, does the legislation N/A
provide for a local
referendum or local
governing body public vote
prior to implementation of
the tax or fee increase?
2. WHAT IS THE FISCAL IMPACT TO STATE GOVERNMENT?
Revenues: Office of Secure Florida
The establishment of the Office of Secure Florida will have a direct impact and
positive impact on state revenues by creating a more predictable and
business-friendly environment. By proactively coordinating efforts to help
Floridians and businesses understand and comply with state laws, this office
will reduce regulatory uncertainty, allowing businesses to operate more freely
in Florida’s economy. Clear guidance and enforcement mechanisms will also
encourage compliance, minimizing costly legal disputes and administrative
burdens that can stifle economic growth. Additionally, by streamlining
processes and ensuring businesses operate within the law, the state can foster
greater economic activity, attract new investment, and ultimately expand its tax
base – driving increased revenues that support public services and
infrastructure.
RISE Tax Credit Program
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2025 Agency Bill Analysis
Florida RISE will boost state revenues by attracting venture capital to high-tech
startups, making Florida a leading hub for innovation. For every $1 in tax
credits, the program generates $4 in private investment, with a 4-8x economic
impact. Tax credits are issued only after private capital is secured and
distributed over five years, ensuring low risk and long-term economic growth.
By fostering entrepreneurship, creating high-paying jobs, and retaining top
talent to the state, RISE strengthens Florida’s economy while delivering a net
positive return to the state budget.
Data Centers:
Extending the existing tax exemption for data centers will generate substantial
economic benefits for local governments and the state, without disrupting any
current tax collections. The properties in question (for data center
development) are currently vacant land, contributing no revenue to the tax
base. However, by incentivizing data center development, these sites have the
potential to transform into hubs of economic activity. Importantly, as
businesses leverage these facilities to scale their operations, additional
economic growth will ripple through the community, benefiting a wide range of
industries. By extending this exemption, the state is not forgoing revenue but is
unlocking a new stream of fiscal and economic gains that would otherwise not
exist.
Expenditures: Office of Secure Florida
The bill and the Department’s Legislative Budget Request include additional
staff for the Office.
RISE Tax Credit Program
The bill allocates $100 million in tax credits, capped at $10 million per qualified
venture capital firm in any fiscal year. Since tax credits are issued in one-fifth
increments over five years, and matched with significant new capital and
revenue production, the RISE tax credit is projected to be revenue positive to
the state.
Regional Planning Councils
Repealing the Florida Regional Planning Councils Act will directly reduce state
expenditures by eliminating oversight and coordination of entities that are not
actually state-controlled. Since these councils operate independently and can
continue to operate under local agreements, state resources currently used to
coordinate with these councils at the state-level will be streamlined.
Does the legislation contain Office of Secure Florida: requesting full time employees in the Department’s
a State Government Legislative Budget Request.
appropriation?
If yes, was this N/A
appropriated last year?
3. WHAT IS THE FISCAL IMPACT TO THE PRIVATE SECTOR?
Revenues: Office of Secure Florida
The bill benefits the private sector, as the Department will be able to
proactively coordinate and enhance for Floridians and Florida businesses’
efforts to understand and comply with E-Verify and Foreign Ownership of
Property laws. This allows employers to conduct business without a cloud of
uncertainty that they are following the law. This bill improves business
operations by reducing the likelihood that employers are unaware of and not in
compliance with the law.
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2025 Agency Bill Analysis
RISE Venture Tax Credit
This bill will make Florida the premier hub for innovative startup business,
fostering job creation and a dynamic ecosystem conducive to new technology
and entrepreneurship. An early-stage business ecosystem represents
significant advantages for Florida’s businesses to retain entrepreneurial talent
and provides a benefit for job seekers, job creators, families, and the state’s
overall economy. The 4-8x economic multiplier effect for venture capital
investments in small business startups will have far-reaching, ripple effects
throughout Florida’s business climate, particularly in high-tech sectors.
Data Center Tax Exemption
For businesses, the extension of the tax exemption means access to a stable,
pro-investment environment where they can plan long-term growth without
unexpected tax burdens, disrupting expansion. The economic benefits extend
far beyond the data centers themselves, including the creation of high paying
jobs. Additionally, the companies relying on these data centers to scale their
operations will find Florida an even more compelling place to do business. This
lays the foundation for a high-value industry to deliver sustained economic
returns for years to come.
Space Florida Procurement
Exempting privately financed projects for Space Florida from the CCNA is a
critical step toward improving business operations by eliminating unnecessary
uncertainty and inefficiency in the vendor procurement process. The current
statutory ambiguity creates needless delays and confusion, hindering the
ability of aerospace companies to move swiftly and competitively in securing
vendors for high-value aerospace projects. This will ensure that these
companies can proceed with the speed and agility necessary to attract
investment, drive innovation, and solidify Florida’s leadership in the Space
industry.
Expenditures: Data Center Tax Exemption:
For businesses, the extension of the tax exemption will offset future
expenditures for the construction and development of hyperscale data centers
in the state of Florida.
Space Florida Procurement
The clarification the bill provides eliminates unnecessary uncertainty and
inefficiency in the vendor procurement process for aerospace companies
working with Space Florida.
Other:
4. DOES THE BILL INCREASE OR DECREASE TAXES, FEES, OR FINES?
Does the bill increase No.
taxes, fees, or fines?
Does the bill decrease RISE Tax Credits
taxes, fees or fines? The RISE tax credit offers tax credits for qualified investments made by
qualified venture capital groups.
Data Centers
The bill repeals the sunset provision of the Data Center tax exemption.
What is the impact of the RISE Tax Credits
increase or decrease? The RISE tax credit program has projected minimum guaranteed return of $4
of private sector investment for every $1 in tax credits issued. Because this
cost is spread over five years and matched with significant new capital and
revenue production, the RISE tax credit will be revenue positive to the state.
14
2025 Agency Bill Analysis
Further, increased venture capital investment in the state is expected to boost
economic development due to the qualified investments made by venture
capital groups in the state.
Data Centers
This will be a significant job creator and entice significant investment, both
directly through the data centers and indirectly through the customers they
serve.
Extending the existing tax exemption for data centers will generate substantial
economic benefits for local governments and the state, without disrupting any
current tax collections. The properties in question (for data center
development) are currently vacant land, contributing no revenue to the tax
base. However, by incentivizing data center development, these sites have the
potential to transform into hubs of economic activity. Importantly, as
businesses leverage these facilities to scale their operations, additional
economic growth will ripple through the community, benefiting a wide range of
industries. By extending this exemption, the state is not forgoing revenue but is
unlocking a new stream of fiscal and economic gains that would otherwise not
exist.
Bill Section Number: RISE Tax Credits – Section 26
Date Center Tax Exemption – Section 7
TECHNOLOGY IMPACT
Does the legislation impact N/A
the agency’s technology
systems (i.e., IT support,
licensing software, data
storage, etc.)?
If yes, describe the N/A
anticipated impact to the
agency including any fiscal
impact.
FEDERAL IMPACT
Does the legislation have a The bill provides needed clarity to federal military partners when executing
federal impact (i.e. federal future land transfers for purposes of preventing against civilian encroachment
compliance, federal funding, on military installations by exempting military installations and departments
federal agency involvement, from the "reverter clause" specified in Section 253.025(21)(d), Florida Statutes.
etc.)?
If yes, describe the The bill will improve the execution of agreements entered with the Department
anticipated impact including of Defense regarding military encroachment issues on military installations.
any fiscal impact. This will prevent military installation closures and promote and protect the local
economies in military communities.
15
2025 Agency Bill Analysis
ADDITIONAL COMMENTS
LEGAL - GENERAL COUNSEL’S OFFICE REVIEW
Issues/concerns/comments
and recommended action: N/A
16
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Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 5, 2025
I respectfully request that Senate Bill #1264, relating to Rural and Urban Business Enterprises,
be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Jay Collins
Florida Senate, District 14
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1322
INTRODUCER: Commerce and Tourism Committee and Senator Simon
SUBJECT: Tax Credits for Investment in Rural Communities
DATE: March 31, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. FT
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1322 creates s. 288.062, F.S., the Florida Rural Jobs Act. The bill allows investors to earn
state premium tax credits equal to their investment in certified rural funds. In turn, the rural funds
will invest in small businesses in rural areas, unless the requirement is waived by the Department
of Commerce (department) when the investment is rural in nature, employs individuals from
rural areas, or provides substantial benefits to rural area residents, and will significantly advance
the economic growth of the state. The bill caps investment at a level that will result in no more
than $7.143 million in tax credits to be taken in any one year, excluding any credits carried
forward.
The department will administer the program by certifying rural funds, granting tax credits to
investors, and if necessary, revoking the fund’s tax credits and authority.
The bill provides ongoing requirements for the rural funds to meet while participating in the
program, allows rural funds to reinvest their rural investments, prohibits tax credits from being
refunded or sold on the open market, and outlines steps for a rural fund to withdraw from the
program or to be transferred to affiliates of a taxpayer.
The Revenue Estimating Conference has not yet determined the fiscal impact of the bill. The bill
will likely impact general revenue.
The bill takes effect July 1, 2025.
BILL: CS/SB 1322 Page 2
II. Present Situation:
Economic Development Incentives Targeted to Florida’s Rural Communities
Rural Economic Development Initiative
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.1 Today, the REDI operates as a statewide initiative led by
the department to better serve Florida’s rural communities by providing a more focused and
coordinated effort among state and regional agencies to improve the fiscal, economic, and
community viability of these areas.2
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. An organization may receive up to $50,000 a year or
$250,000 for any three regional economic development organizations that serve an entire rural
area of opportunity3 (RAO).4 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.5
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.6 The program provides access to
federal and state infrastructure funding programs, including, but not limited to, those offered by
the U.S. Departments of Agriculture and Commerce and including those offered by Rural
Economic Development Initiative agencies.7 The program funds total infrastructure project
grants, infrastructure feasibility grants, and preclearance review grants. A total of $20 million in
funding is available for Fiscal Year 2024-2025. Funding in the amount of $15 million is
available for eligible rural communities statewide and $5 million is available to certain
Panhandle counties.8
1
Section 288.0656(1)(a), F.S.
2
Section 288.0656(3), F.S.
3
A rural area of opportunity is a rural community, or a region composed of rural communities, designated by the Governor,
which has been adversely affected by an extraordinary economic event, severe or chronic distress, or a natural disaster.
Section 288.0656, F.S.
4
Section 288.018(1)(c), F.S.
5
Section 288.018(4), F.S.
6
See s. 288.0655, F.S.
7
Section 288.0655(2)(b), F.S.
8
Department of Commerce, Rural Infrastructure Fund, available at https://floridajobs.org/community-planning-and-
development/rural-community-programs/rural-infrastructure-fund (last visited March 28, 2025).
BILL: CS/SB 1322 Page 3
Federal Rural Business Investment Company and Small Business Investment Programs9,10
Rural Business Investment Companies (RBIC) and Small Business Investment Companies
(SBIC) are privately owned and managed investment funds that are licensed and regulated by the
U.S. Department of Agriculture and Rural Development11 and Small Business Administration
(SBA)12 respectively, that make capital investments in small businesses located in rural
communities or other qualifying businesses.
An RBIC or SBIC program offers incentives for private capital to invest in small businesses,
startups, low-income areas, or regions otherwise under economic distress. These programs often
include special criteria for a certain quantity of the credit to focus on rural or underdeveloped
areas.
Economic Development Incentives that use Tax Credits
Rural Job Tax Credit Program13
The Florida Rural Job Tax Credit Program offers a tax credit incentive for eligible businesses
located within a designated qualified rural area to create new jobs. The tax credit ranges from
$1,000 to $1,500 per qualified employee and can be taken against either the businesses’
corporate income tax or sales and use tax. A business is limited to no more than $500,000 of tax
credits per year.14 The department administers this program and may approve up to $5 million in
tax credits per year.15
Florida New Markets Development Program
In 2009, the Legislature passed the New Markets Development Program Act (NMDP),16 similar
to the program created in this bill, to use tax credits to spur economic development. The NMDP,
which was modeled after the federal New Markets Tax Credit Program, allowed taxpayers to
earn credits against specified taxes by making qualified investments in qualified community
development entities that, in turn, invested in businesses in low-income communities to create
and retain jobs in such communities.
Taxpayers that made qualified investments in qualified community development entities were
eligible to receive tax credits against the corporate income tax under s. 220.11, F.S., or the
insurance premium tax under s. 624.509, F.S. The taxpayer could not claim the credit in the first
two years after the investment. The credit was worth 7% of the qualified investment in year three
9
7 U.S.C. s. 2009cc et seq.; 7 C.F.R. s. 4290 et seq. (2009).
10
15 U.S.C. s. 681-688.
11
U.S. Department of Agriculture and Rural Development, Rural Business Investment Program, available at
https://www.rd.usda.gov/programs-services/rural-business-investment-program (last visited March 28, 2025).
12
U.S. Small Business Administration, Become an SBIC, available at https://www.sba.gov/partners/sbics/apply-be-sbic (last
visited March 28, 2025).
13
Sections 212.098, and 220.1895, F.S.
14
Section 212.098(6)(d), F.S.
15
Department of Commerce, Rural Job Tax Credit Program, available at https://floridajobs.org/business-growth-and-
partnerships/for-businesses-and-entrepreneurs/business-resource/rural-and-urban-job-tax-credit-programs (last visited March
28, 2025).
16
Chapter 2009-50, Laws of Fla.
BILL: CS/SB 1322 Page 4
after the investment, and from the fourth year through the seventh year the credit was worth 8%.
As in the federal program, over seven years the credits totaled 39% of the total qualified
investment in the qualified community development entity. A taxpayer with qualified
investments approved for both federal and state program were about to receive 78% of the
purchase price of the investment in tax credits over seven years. Any unused portion of the tax
credit carried forward for up to five future tax years.
The return on investment for the NMDP was -0.98, indicating that the state lost all of its
investment and incurred additional costs.17
The NMDP was repealed in 2023.18
Examples of Similar Rural Jobs Acts in Other States
Utah passed a substantially similar bill, the Utah Rural Jobs Act, which authorizes up to $42
million in tax credits, and caps the total contributions one entity may make under the program at
$24.36 million. Additionally, Utah assesses a $50,000 annual fee that is split between all the
certified growth fund entities.19
In 2017, Georgia created the Georgia Agribusiness and Rural Jobs Act, which is designed to spur
$100 million in capital investments in rural businesses in the state. Investors may redeem up to
$15 million in tax credits annually for four years (for a total of $60 million tax credits) against
their corporate income tax and premium tax liabilities.20
III. Effect of Proposed Changes:
The bill creates s. 288.062, F.S., the “Florida Rural Jobs Act.” The bill uses tax credits against
the state premium tax to incentivize investors to give funds to certified rural fund entities that, in
turn, will make capital or equity investments, or loans with a maturity date of at least one year in
eligible businesses located in rural areas. The bill caps the amount of investments at a level that
will result in no more than $7.143 million in tax credits claimed in total each year.
An eligible business is one that has fewer than 250 employees and has its principal business
operations in Florida. The department will administer the program and monitor jobs created and
retained as a result of the eligible investment and the annual salary of each position.
An eligible investment is any capital or equity investment in an eligible business, or any loan to
an eligible business with a stated maturity of at least 1 year from the date of issuance, provided
that the eligible business has its principal business operations located in a rural community in
Florida, unless this requirement is waived by the department.
17
Office of Economic and Demographic Research, Economic Evaluation for Select State Economic Development Incentive
Programs, 58 (February 2023), available at
https://edr.state.fl.us/Content/returnoninvestment/ROISELECTPROGRAMS2023final.pdf (last visited March 28, 2025).
18
Chapter 2023-173, Laws of Fla.
19
Utah Code Annotated s. 63N-4-301, et seq. (2017).
20
Ga. Code Annotated s. 33-1-25, et seq. (2017).
BILL: CS/SB 1322 Page 5
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;
• 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; or
• A designated rural area of opportunity.21
Tax Credit Application, Approval, and Allocation
On or before November 1, 2025, the department must accept applications for approval as a rural
fund. The application must include all of the following:
• Total investment authority sought by the applicant;
• Evidence that the applicant or an affiliate of the applicant is licensed as a rural business
investment or small business investment company, as defined in federal law;22
• Evidence that the applicant or its affiliates have invested at least $100 million in nonpublic
companies located in counties within the U.S. with a population of fewer than 75,000 as of
the U.S. Decennial Census of 2010.
• An estimate of the total number of new annual jobs that will be created and jobs retained in
the state as a result of the applicant’s eligible investments;
• A business plan that includes a 10-year revenue impact estimate of the proposed eligible
investments, including the investment’s effect on state and local tax revenues, and state
expenditures. This business plan must be prepared by an independent third-party economic
forecasting firm that uses a dynamic economic forecasting model;
The department must grant or deny an application within 30 days of its receipt. The department
must deny an application if:
• The application is incomplete;
• The applicant does not qualify as a rural fund;
• The business plan does not demonstrate that the positive revenue impact on this state over a
10-year period will be greater than cumulative amount of tax credits that would be issued to
the applicant’s investors;
• The department has already approved the investment authority permitted.
If the department denies an application on certain grounds, the applicant has 15 days to cure the
defect. The department must review the additional filing and issue an ultimate decision within 15
days of the application’s initial submission. Additionally, the department may not approve or
21
A rural area of opportunity is a rural community, or a region composed of rural communities, designated by the Governor,
which has been adversely affected by an extraordinary economic event, severe or chronic distress, or a natural disaster. A
rural area of opportunity may also be a community or communities that present a unique economic development opportunity
of regional impact. Section 288.0656(2), F.S.
22
See 7 U.S.C. s. 2009cc et seq. and 15 U.S.C. s. 681 et seq.
BILL: CS/SB 1322 Page 6
deny an application that is submitted after another for which additional information was needed
until it approves or denies the “first” or “initial” application with additional information.
Upon approval of an application, the department must certify the applicant as a rural fund and
the amount of the applicant’s investment authority.
The department may not reduce the rural fund’s investment authority from that requested on its
application unless such an allocation would cause the department to exceed the tax credit
limitation of $7.143 million in tax credits to be taken in any one year. If the department approves
applications received on the same day that seek investment authorities that would collectively
exceed the permitted annual tax credits, the department must approve both applicants, but
proportionately reduce each applicant’s investment authority and investor contributions to
comply with the tax credit limit.
Within 90 days of certification, a rural fund must collect all of its committed investor
contributions and any additional cash investments. The fund must provide proof to the
department that it collected all required contributions and investments within 95 days of
certification. A fund’s certification will be subject to revocation if it fails to perform these duties.
The department must provide tax credit certificates to investors upon notice from a certified fund
that it collected the investor’s contribution.
Tax Credit Established
An investor in a fund is vested with an earned credit against its state tax liability equal to the
value of its contribution to the fund. The investor may not sell, transfer, or allocate the credit to
any entity other than an affiliate of the fund.
An investor may claim 7.4 percent of its credit each taxable year from the year that the fund
collects the investor contributions and any additional investments (defined in the bill as the
“credit allowance date”) through the sixth anniversary of such date. Any amount of the credit
that the investor is unable to claim in a taxable year may carry forward the credit allowance for
up to 10 subsequent taxable years. In order to claim a credit, the investor must submit a copy of
the tax credit certificate with its tax return for each taxable year it claims the credit.
A credit may not be sold or refunded on the open market, but may be transferred to affiliates of a
taxpayer. Credits earned by or allocated to a partnership, limited liability company, or S
corporation may be allocated to the partners, members, or shareholders of such entity. A rural
fund must notify the department of the names of all taxpayers eligible to use credits upon the
allocation, change in allocation, or transfer. Those allocations and transfers may not be
considered a sale.
Revocation of Tax Credit Certificates and Exit From the Program
The department must revoke a tax credit certificate if:
• The fund does not invest 60 percent of its investment authority in eligible investments in
Florida within 3 years after the credit allowance date.
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• The rural fund does not invest 100 percent of its investment authority in eligible investments
within 3 years after the allowance date, with at least 70 percent of such eligible investments
made in rural areas;
• The rural fund fails to maintain investments equal to 100 percent of its investment authority
until the sixth anniversary of its credit allowance date, with at least 70 percent of such
eligible investments made in rural areas (with a permitted 12 months between receipt of
capital and reinvestment of that capital);
• The rural fund makes a distribution or payment that results in the fund having less than 100
percent of its investment authority invested in state eligible investments, or available for
eligible investments and held in cash or other securities; or
• The rural fund invests in an eligible business that directly, or indirectly through an affiliate,
owns, has the right to acquire an ownership interest in, makes a loan to, or makes an
investment in the fund, an affiliate of the fund, or an investor of the fund.
The department, upon request, may waive the requirement that the eligible business have its
principal business operations located in a rural community if the department determines that the
investment is rural in nature, employs individuals from rural areas, or otherwise provides
substantial benefit to residents of rural areas and is likely to significantly advance the economic
growth of the state.
The department must give a rural fund notice of a pending revocation and the fund has 180 days
to cure any violation. If the department revokes tax credits after a rural fund has collected its
investor contribution obligations, then the revoked rural fund’s investment authority and
collected investor contributions may not count toward the program’s limit on investment
authority and investor contributions.
On or after the seventh anniversary of the credit allowance date, a rural fund may apply to the
department to exit the program. The department must approve the request within 15 days if no
tax credit certificates issued to the fund’s investors have been revoked, and the fund’s
certification has not been revoked or is not currently subject to revocation.
The department may not revoke a tax credit certificate after a fund exits the program.
Rural Fund’s Reporting Obligations
Each fund must submit an annual report on or before the 15th business day after the second and
third anniversaries of the credit allowance date. The report must include:
• The name and location of each eligible business that receives an eligible investment or
evidence that an eligible business qualified as such at the time the fund made the investment;
• A bank statement evidencing each of the fund’s investments;
• The number of jobs created and retained as a result of the eligible investment and the average
salary of each position; and
• Any other information required by the department.
On or before March 1 of the subsequent calendar year after the third anniversary of the credit
allowance date, and annually until its exit from the program, the rural fund must submit to the
department a report that identifies each eligible investment made by the rural fund and include:
BILL: CS/SB 1322 Page 8
• The number of jobs created and retained as a result of the eligible investment and the annual
salary of each position; and
• Any other information required by the department.
Miscellaneous
A fund may request the department issue a written opinion advising whether a potential
investment business qualifies as an eligible business; if the department does not respond within
15 days of the request, the business is deemed eligible.
The department is prohibited from accepting new applications after December 1, 2034.
The bill defines a rural community 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; or
• A designated rural area of opportunity as defined in s. 288.0656(2), F.S.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
BILL: CS/SB 1322 Page 9
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.
The bill will likely impact general revenue.
B. Private Sector Impact:
Businesses in rural areas may be able to access funding that would not otherwise be
available to them through traditional financing institutions.
A certified rural fund will likely see a positive financial impact as the result of its activity
under the program. Similarly, rural fund investors will see a positive impact on their tax
liabilities as a result of their use of tax credits under the program.
C. Government Sector Impact:
The department may incur administrative costs to implement and operate the program.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 288.062 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 31, 2025:
The CS:
• Revises the definition of "eligible investment" to provide that the eligible business
has its principal business operations located in a rural community, unless the
requirement is waived by the department under certain circumstances.
• Adds a definition for "rural community."
• Prohibits tax credits from being refunded or sold on the open market and specifies
under what circumstances credits may be transferred to affiliates of a taxpayer.
• Authorizes the department to revoke the tax credit certificates if at least 70 percent of
eligible investments are not made in a rural area after a specified time.
BILL: CS/SB 1322 Page 10
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1322 Bill No. SB 1322
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LEGISLATIVE ACTION 11 (a) “Affiliate” means an entity that directly, or
Senate . House 12 indirectly through one or more intermediaries, controls, is
Comm: RCS . 13 controlled by, or is under common control with another entity.
03/31/2025 . 14 For the purposes of this paragraph, an entity is controlled by
. 15 another entity if the controlling entity holds, directly or
. 16 indirectly, the majority voting or ownership interest in the
. 17 controlled entity or has control over the day-to-day operations
18 of the controlled entity.
19 (b) “Credit allowance date” means the date on which the
20 department provides a tax credit certificate under paragraph
21 (8)(b).
22 (c) “Department” means the Department of Commerce.
23 (d) “Eligible business” means a business that, at the time
24 a rural fund initially invests in the business:
25 1. Has fewer than 250 employees; and
The Committee on Commerce and Tourism (Simon) recommended the 26 2. Has its principal business operations located in this
following: 27 state.
28 (e) “Eligible investment” means any capital or equity
1 Senate Amendment (with title amendment) 29 investment in an eligible business, or any loan to an eligible
2 30 business with a stated maturity of at least 1 year from the date
3 Delete everything after the enacting clause 31 of issuance, provided that the eligible business has its
4 and insert: 32 principal business operations located in a rural community in
5 Section 1. Section 288.062, Florida Statutes, is created to 33 this state, unless this requirement is waived by the department
6 read: 34 pursuant to subsection (11).
7 288.062 Florida Rural Jobs Act.— 35 (f) “Investment authority” means the amount certified by
8 (1) This section may be cited as the “Florida Rural Jobs 36 the department under paragraph (7)(b).
9 Act.” 37 (g) “Investor contribution” means a cash investment in a
10 (2) As used in this section, the term: 38 rural fund. The cash investment must be used to purchase an
39 equity interest in the rural fund or purchase at par value or
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40 premium a debt instrument that has a maturity date at least 7 69 with an employment base focused on traditional agriculture or
41 years after the credit allowance date and a repayment schedule 70 resource-based industries, which community or city is located in
42 that is no greater than level principal amortization over 7 71 a county not defined as rural and has at least three or more
43 years. 72 economic distress factors; or
44 (h) “Jobs retained” means the number of full-time 73 5. A designated rural area of opportunity as defined in s.
45 employment positions that existed before the initial eligible 74 288.0656(2).
46 investment in an eligible business and for which the eligible 75 (k) “Rural fund” means an entity certified by the
47 business’s chief executive officer or similar officer certifies 76 department under paragraph (7)(a).
48 that the employment positions would have been eliminated but for 77 (l) “State tax” means a tax identified in s. 624.509 or s.
49 the initial eligible investment. 78 624.5091.
50 (i) “Principal business operations” means the location or 79 (3) On or before November 1, 2025, the department shall
51 locations at which at least 60 percent of a business’s employees 80 accept applications for approval as a rural fund on a form
52 work or at which the employees who are paid at least 60 percent 81 adopted by the department. The application must include all of
53 of the business’s payroll are located. A business that agrees to 82 the following:
54 relocate or hire new employees using the proceeds of an eligible 83 (a) The total investment authority sought by the applicant.
55 investment to establish its principal business operations in 84 (b) Evidence that the applicant or an affiliate of the
56 this state is deemed to have its principal business operations 85 applicant is licensed as a rural business investment company as
57 in the new location, provided the business satisfies this 86 defined in 7 U.S.C. s. 2009cc or as a small business investment
58 definition within 180 days after receiving the eligible 87 company under 15 U.S.C. s. 681. The applicant or the affiliate
59 investment. 88 must include a certificate executed by an executive officer of
60 (j) “Rural community” means: 89 the applicant attesting that such license remains in effect and
61 1. A county with a population of 75,000 or less; 90 has not been revoked.
62 2. A county with a population of 125,000 or less, if the 91 (c) Evidence that, as of the date the application is
63 county is contiguous to a county with a population of 75,000 or 92 submitted, the applicant or affiliates of the applicant have
64 less; 93 invested at least $100 million in nonpublic companies located in
65 3. Any municipality in a county that meets the above 94 counties within the United States with a population of less than
66 criteria; 95 75,000 as of the United States Decennial Census of 2010.
67 4. An unincorporated federal enterprise community or an 96 (d) An estimate of the total number of new annual jobs that
68 incorporated rural city with a population of 25,000 or less and 97 will be created and total jobs retained over the life of the
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98 program in this state because of the applicant’s proposed 127 will result in a positive revenue impact on this state over a
99 eligible investments. 128 10-year period which exceeds the cumulative amount of tax
100 (e) A business plan that includes a revenue impact 129 credits that would be issued to the applicant’s investors; or
101 assessment projecting state and local tax revenues to be 130 (d) The department has already approved the maximum amount
102 generated, as well as state expenditures to be reduced, by the 131 of investment authority and investor contributions allowed under
103 applicant’s proposed eligible investments, prepared by a 132 subsection (4).
104 nationally recognized third-party independent economic 133 (6) If the department denies an application, the applicant,
105 forecasting firm using a dynamic economic forecasting model that 134 within 15 days after the denial, may provide additional
106 analyzes the applicant’s business plan over the 10 years after 135 information to the department to cure any defects in the
107 the date the application is submitted to the department. 136 application as identified by the department. The department
108 (4)(a) Within 30 days after receipt of a completed 137 shall review and reconsider such applications within 15 days
109 application, the department shall approve or deny the 138 after receipt and before approving any pending applications
110 application. 139 submitted after the original submission date of the reconsidered
111 (b) The department shall deem applications received on the 140 application.
112 same day as having been received simultaneously. If requests for 141 (7) The department may not reduce the requested investment
113 investment authority exceed the remaining tax credit limitation 142 authority or deny a rural fund application for reasons other
114 under paragraph (c), the department must proportionally reduce 143 than those described in subsection (4) or subsection (5). After
115 the investment authority and the investor contributions for each 144 approving an application, the department shall certify:
116 approved application that day to avoid exceeding the limit. 145 (a) The applicant as a rural fund.
117 (c) The department shall approve investment authority up to 146 (b) The amount of the applicant’s investment authority.
118 an amount that would allow no more than $7.143 million in tax 147 (8)(a) Within 90 days after receiving the certification
119 credits to be taken in any 1 year, excluding any credits carried 148 issued under subsection (7), the rural fund shall collect all
120 forward pursuant to paragraph (10)(a). 149 investor contributions and collect additional investments of
121 (5) The department must deny an application if: 150 cash which, when added to the investor contributions, at least
122 (a) The application is incomplete; 151 equal the rural fund’s investment authority. Within 95 days
123 (b) The applicant does not satisfy the criteria set forth 152 after receiving the certification issued under subsection (7),
124 in subsection (3); 153 the rural fund shall send to the department documentation that
125 (c) The revenue impact assessment submitted under paragraph 154 the rural fund has collected the amounts described in this
126 (3)(e) does not demonstrate that the applicant’s business plan 155 subsection. At least 10 percent of the rural fund’s investment
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156 authority must consist of equity investments contributed by 185 refunded or sold on the open market. Credits earned pursuant to
157 affiliates of the rural fund. The rural fund shall report to the 186 paragraph (a) may be transferred to affiliates of a taxpayer.
158 department the date on which the investor contributions and 187 Credits earned by or allocated to a partnership, limited
159 additional investments of cash were collected. 188 liability company, or S corporation may be allocated to the
160 (b) Upon receipt of the documentation required by paragraph 189 partners, members, or shareholders of such entity for their use
161 (a), the department shall provide to each taxpayer who has made 190 in accordance with the provisions of any agreement among such
162 an investor contribution in the amount of the investor 191 partners, members, or shareholders. A rural fund shall notify
163 contribution a tax credit certificate. 192 the department of the names of all taxpayers eligible to use
164 (9) If the rural fund fails to comply with paragraph 193 credits upon any allocation, change in allocation, or transfer.
165 (8)(a), the department must revoke the rural fund’s 194 Such allocations and transfers may not be considered a sale for
166 certification, and the corresponding investment authority and 195 the purposes of this section.
167 investor contributions will not count toward the limits on the 196 (c) The amount of the credit claimed by a taxpayer may not
168 program size set forth in subsection (4). The department shall 197 exceed the amount of such taxpayer’s state tax liability for the
169 first award revoked investment authority pro rata to each rural 198 tax year for which the credit is claimed.
170 fund that was awarded less than the investment authority for 199 (d) A taxpayer claiming a credit under this section must
171 which it applied, and a rural fund may allocate the associated 200 submit a copy of the tax credit certificate with the taxpayer’s
172 investor contribution authority to any taxpayer with state tax 201 return for each taxable year for which the credit is claimed.
173 liability in its discretion. Any remaining investment authority 202 (11) The department must revoke the tax credit certificates
174 may be awarded by the department to new applicants. 203 issued under paragraph (8)(b) if any of the following occurs
175 (10)(a) Any entity that makes an investor contribution is 204 with respect to a rural fund before the rural fund exits the
176 vested with an earned credit against state tax liability equal 205 program in accordance with subsection (15):
177 to that investor’s investor contribution. The credit may be used 206 (a) The rural fund does not invest 60 percent of its
178 over 7 years such that 7.14 percent of the credit is applied in 207 investment authority in eligible investments in this state
179 each of the taxable years that include the year of the credit 208 within 2 years after the credit allowance date.
180 allowance date through the sixth anniversary of the credit 209 (b) The rural fund does not invest 100 percent of its
181 allowance date. Any amount of the credit which the entity is 210 investment authority in eligible investments in this state
182 unable to claim in a taxable year may be carried forward for use 211 within 3 years after the credit allowance date, with at least 70
183 in an entity’s 10 subsequent taxable years. 212 percent of such eligible investments made in a rural area.
184 (b) A credit earned pursuant to paragraph (a) may not be 213 (c) The rural fund, after initially satisfying paragraph
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214 (b), fails to maintain eligible investments equal to 100 percent 243 The department may, upon a request made pursuant to subsection
215 of its investment authority until the sixth anniversary of the 244 (12), waive the requirements relating to an eligible business or
216 credit allowance date, with at least 70 percent of such eligible 245 rural area and permit the investment to count toward the
217 investments made in a rural area. For purposes of this 246 satisfaction of paragraphs (a), (b), and (c), if the department
218 paragraph, an investment is maintained even if it is sold or 247 determines that the investment is rural in nature, employs
219 repaid, so long as the rural fund reinvests an amount equal to 248 individuals from rural areas, or otherwise provides substantial
220 the capital returned or recovered from the original investment, 249 benefit to residents of rural areas and is likely to
221 exclusive of any profits realized, in other eligible investments 250 significantly advance the economic growth of the state.
222 in this state within 12 months after the receipt of such 251 (12) Before making an eligible investment, a rural fund may
223 capital. Amounts received periodically by a rural fund must be 252 request a written opinion from the department as to whether the
224 treated as continuously invested in eligible investments if the 253 business in which it proposes to invest satisfies the definition
225 amounts are reinvested in one or more eligible investments by 254 of an eligible business. The department, no later than 15
226 the end of the following calendar year; however, there is no 255 business days after the date of receipt of the request, shall
227 requirement to reinvest capital after the sixth anniversary for 256 provide the rural fund with a determination letter providing its
228 purposes of eligibility under this paragraph. 257 opinion. If the department fails to issue a determination letter
229 (d) The rural fund, before exiting the program in 258 within that timeframe, the business in which the rural fund
230 accordance with subsection (15) or 30 days after the seventh 259 proposes to invest must be considered an eligible business.
231 anniversary of the credit allowance date, makes a distribution 260 (13) Before revoking a tax credit certificate under
232 or payment that results in the rural fund having less than 100 261 subsection (11), the department shall notify the rural fund of
233 percent of its investment authority invested in eligible 262 the reasons for the pending revocation. The rural fund shall
234 investments in this state or available for investment in 263 have 180 days after the date the notice was received to correct
235 eligible investments and held in cash and other marketable 264 any violation outlined in the notice to the satisfaction of the
236 securities. 265 department and avoid revocation of the tax credit certificate.
237 (e) The rural fund invests in an eligible business that 266 (14) If the department revokes any tax credit certificates
238 directly, or indirectly through an affiliate, owns, has the 267 under subsection (11), the associated investment authority and
239 right to acquire an ownership interest in, makes a loan to, or 268 investor contributions may not be counted toward the limit on
240 makes an investment in the rural fund of an affiliate of the 269 total investment authority and investor contributions described
241 rural fund or an investor in the rural fund. 270 in subsection (4). The department shall award any remaining
242 271 investment authority to restore any reduction under paragraph
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1322 Bill No. SB 1322
Ì840450uÎ840450 Ì840450uÎ840450
272 (4)(b). 301 retained as a result of each eligible investment, and the
273 (15) On or after the seventh anniversary of the credit 302 average salary of each position.
274 allowance date, a rural fund may apply to the department to exit 303 4. Any other information required by the department.
275 the program and no longer be subject to regulation. The 304 (b) On or before March 1 of the subsequent calendar year
276 department shall approve or deny the application within 15 days 305 after the final report required in paragraph (a), and annually
277 after receipt. In evaluating the application, the fact that no 306 until its exit from the program in accordance with subsection
278 tax credit certificates have been revoked and that the rural 307 (15), the rural fund shall submit to the department a report
279 fund has not received a notice of revocation that has not been 308 that identifies each eligible investment made by the rural fund,
280 cured pursuant to subsection (13) is sufficient evidence that 309 which must include:
281 the rural fund is eligible for exit. The department may not 310 1. The number of jobs created and the number of jobs
282 unreasonably deny an application submitted under this 311 retained as a result of the eligible investment, and the annual
283 subsection. If the application is denied, the notice of denial 312 salary of each position.
284 must include the reasons for the determination. 313 2. Any other information required by the department.
285 (16) The department may not revoke a tax credit certificate 314 (18) The department may not accept any new applications
286 after a rural fund exits the program. 315 after December 1, 2034.
287 (17)(a) Each rural fund shall submit to the department a 316 Section 2. This act shall take effect July 1, 2025.
288 report on or before the 15th business day after the second and 317
289 third anniversaries of the credit allowance date which provides 318 ================= T I T L E A M E N D M E N T ================
290 documentation that the rural fund has invested the amounts 319 And the title is amended as follows:
291 required in paragraphs (11)(a) and (b). Such report must also 320 Delete everything before the enacting clause
292 include all of the following: 321 and insert:
293 1. The name and location of each eligible business 322 A bill to be entitled
294 receiving an eligible investment, including either the written 323 An act relating to tax credits for investment in rural
295 determination under subsection (12) or evidence that the 324 communities; creating s. 288.062, F.S.; providing a
296 business qualified as an eligible business at the time the 325 short title; defining terms; requiring the Department
297 investment was made, if not previously reported. 326 of Commerce to accept applications for approval as
298 2. A bank statement evidencing each eligible investment, if 327 rural funds in a specified manner; requiring that
299 not previously reported. 328 certain information be submitted in an application;
300 3. The number of jobs created and the number of jobs 329 requiring the department to approve or deny
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1322 Bill No. SB 1322
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330 applications within a specified timeframe; prohibiting 359 business or rural area under certain circumstances;
331 the department from approving more than a certain 360 authorizing rural funds to request certain
332 amount of investment authority; requiring the 361 determinations from the department; specifying a
333 department to deny applications under certain 362 timeframe within which rural funds may correct
334 circumstances; authorizing an applicant whose 363 violations to avoid revocation of a tax credit
335 application was denied to provide additional 364 certificate; authorizing the department to distribute
336 information within a certain timeframe to cure defects 365 reverted investment authority among certain rural
337 in the application; requiring the department to review 366 funds; authorizing rural funds to submit an exit
338 and reconsider such applications within a certain 367 application; providing a timeframe and procedures for
339 timeframe; prohibiting the department from reducing 368 the department to use in handling exit applications;
340 the investment authority of an application or denying 369 prohibiting the department from revoking a rural
341 an application unless certain conditions are met; 370 fund’s tax credit certificate after it exits the
342 requiring the department to certify approved 371 program; requiring rural funds to submit an annual
343 applications; providing requirements for certified 372 report to the department beginning on a date certain;
344 rural funds; requiring the department to provide a tax 373 requiring that the annual report include certain
345 credit certificate to certain taxpayers; requiring the 374 information; prohibiting applications from being
346 department to revoke a rural fund’s certification 375 accepted after a date certain; providing an effective
347 under specified conditions; requiring the department 376 date.
348 to distribute revoked investment authority among
349 certain rural funds; authorizing rural funds to
350 allocate associated investor contribution authority to
351 certain taxpayers; granting a credit against state tax
352 liability for specified investors; providing
353 restrictions on the credit; requiring taxpayers
354 claiming a credit to submit a copy of the tax credit
355 certificate with their tax return; requiring the
356 department to revoke a tax credit certificate under
357 certain circumstances; authorizing the department to
358 waive certain requirements relating to an eligible
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Florida Senate - 2025 SB 1322 Florida Senate - 2025 SB 1322
By Senator Simon
3-01365A-25 20251322__ 3-01365A-25 20251322__
1 A bill to be entitled 30 certain taxpayers; granting a credit against state tax
2 An act relating to tax credits for investment in rural 31 liability for specified investors; providing
3 communities; creating s. 288.062, F.S.; providing a 32 restrictions on the credit; requiring that taxpayers
4 short title; providing definitions; requiring the 33 claiming a credit submit a copy of the tax credit
5 Department of Commerce to accept applications for 34 certificate with their tax return; requiring the
6 approval as rural funds in a specified manner; 35 department to revoke a tax credit certificate under
7 requiring that certain information be submitted in an 36 certain circumstances; authorizing rural funds to
8 application; requiring the department to approve or 37 request certain determinations from the department;
9 deny applications within a specified timeframe; 38 specifying a timeframe within which rural funds may
10 prohibiting the department from approving more than a 39 correct violations to avoid revocation of a tax credit
11 certain amount of investment authority; requiring the 40 certificate; authorizing the department to distribute
12 department to deny applications under certain 41 reverted investment authority among certain rural
13 circumstances; authorizing an applicant whose 42 funds; authorizing rural funds to submit an exit
14 application was denied to provide additional 43 application; providing a timeframe and procedures for
15 information within a certain timeframe to cure defects 44 the department to use in handling exit applications;
16 in the application; requiring the department to review 45 prohibiting the department from revoking a rural
17 and reconsider such applications within a certain 46 fund’s tax credit certificate after it exits the
18 timeframe; prohibiting the department from reducing 47 program; requiring rural funds to submit an annual
19 the investment authority of an application or denying 48 report to the department beginning on a date certain;
20 an application unless certain conditions are met; 49 requiring that the annual report include certain
21 requiring the department to certify approved 50 information; prohibiting applications from being
22 applications; providing requirements for certified 51 accepted after a date certain; providing an effective
23 rural funds; requiring the department to provide a tax 52 date.
24 credit certificate to certain taxpayers; requiring the 53
25 department to revoke a rural fund’s certification 54 Be It Enacted by the Legislature of the State of Florida:
26 under specified conditions; requiring the department 55
27 to distribute revoked investment authority among 56 Section 1. Section 288.062, Florida Statutes, is created to
28 certain rural funds; authorizing rural funds to 57 read:
29 allocate associated investor contribution authority to 58 288.062 Florida Rural Jobs Act.—
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59 (1) This section may be cited as the “Florida Rural Jobs 88 the credit allowance date and a repayment schedule that is no
60 Act.” 89 greater than level principal amortization over 7 years.
61 (2) As used in this section the term: 90 (h) “Jobs retained” means the number of full-time high-wage
62 (a) “Affiliate” means an entity that directly, or 91 employment positions that existed before the initial eligible
63 indirectly through one or more intermediaries, controls, is 92 investment in an eligible business and for which the eligible
64 controlled by, or is under common control with another entity. 93 business’ chief executive officer or similar officer certifies
65 For the purposes of this paragraph, an entity is controlled by 94 that the employment positions would have been eliminated but for
66 another entity if the controlling entity holds, directly or 95 the initial eligible investment.
67 indirectly, the majority voting or ownership interest in the 96 (i) “Principal business operation” means the location or
68 controlled entity or has control over the day-to-day operations 97 locations at which at least 60 percent of a business’s employees
69 of the controlled entity. 98 work or at which the employees who are paid at least 60 percent
70 (b) “Credit allowance date” means the date on which the 99 of the business’s payroll are located. A business that agrees to
71 department provides a tax credit certificate under paragraph 100 relocate or hire new employees using the proceeds of an eligible
72 (8)(b). 101 investment to establish its principal business operation in this
73 (c) “Department” means the Department of Commerce. 102 state is deemed to have its principal business operations in the
74 (d) “Eligible business” means a business that, at the time 103 new location, provided the business satisfies this definition
75 a rural fund initially invests in the business: 104 within 180 days after receiving the eligible investment.
76 1. Has fewer than 250 employees; and 105 (j) “Rural fund” means an entity certified by the
77 2. Has its principal business operations in this state. 106 department under subsection (7).
78 (e) “Eligible investment” means any capital or equity 107 (k) “State tax” means a tax identified in chapter 220, s.
79 investment in an eligible business or any loan to an eligible 108 624.509, or s. 624.5091.
80 business with a stated maturity at least 1 year after the date 109 (3) On or before November 1, 2025, the department shall
81 of issuance. 110 accept applications for approval as a rural fund on a form
82 (f) “Investment authority” means the amount certified by 111 adopted by the department. The application must include all of
83 the department under subsection (7). 112 the following:
84 (g) “Investor contribution” means a cash investment in a 113 (a) The total investment authority sought by the applicant.
85 rural fund. The cash investment shall purchase an equity 114 (b) Evidence that the applicant or an affiliate of the
86 interest in the rural fund or purchase at par value or premium a 115 applicant is licensed as a rural business investment company
87 debt instrument that has a maturity date at least 7 years after 116 defined in 7 U.S.C. s. 2009cc or as a small business investment
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117 company under 15 U.S.C. s. 681. The applicant or the affiliate 146 contributions for each approved application that day to avoid
118 must include a certificate executed by an executive officer of 147 exceeding the limit.
119 the applicant attesting that such license remains in effect and 148 (c) The department shall approve investment authority up to
120 has not been revoked. 149 an amount that would allow no more than $7.143 million in tax
121 (c) Evidence that, as of the date the application is 150 credits to be taken in any 1 year, excluding any credits carried
122 submitted, the applicant or affiliates of the applicant have 151 forward pursuant to paragraph (10)(a).
123 invested at least $100 million in nonpublic companies located in 152 (5) The department shall deny an application if:
124 counties within the United States with a population of fewer 153 (a) The application is incomplete.
125 than 75,000 as of the United States Decennial Census of 2010. 154 (b) The applicant does not satisfy the criteria set forth
126 (d) An estimate of the total number of new annual jobs that 155 in subsection (3).
127 will be created and jobs that will be retained over the life of 156 (c) The revenue impact assessment submitted under paragraph
128 the program in this state because of the applicant’s proposed 157 (3)(e) does not demonstrate that the applicant’s business plan
129 eligible investments. 158 will result in a positive revenue impact on this state over a
130 (e) A business plan that includes a revenue impact 159 10-year period which exceeds the cumulative amount of tax
131 assessment projecting state and local tax revenues to be 160 credits that would be issued to the applicant’s investors.
132 generated, as well as state expenditures to be reduced, by the 161 (d) The department has already approved the maximum amount
133 applicant’s proposed eligible investments, prepared by a 162 of investment authority and investor contributions allowed under
134 nationally recognized third-party independent economic 163 subsection (4).
135 forecasting firm using a dynamic economic forecasting model that 164 (6) If the department denies an application, the applicant,
136 analyzes the applicant’s business plan over the 10 years after 165 within 15 days after the denial, may provide additional
137 the date the application is submitted to the department. 166 information to the department to cure any defects in the
138 (4)(a) Within 30 days after receipt of a completed 167 application as identified by the department. The department
139 application, the department shall approve or deny the 168 shall review and reconsider such applications within 15 days
140 application. 169 after receipt and before approving any pending applications
141 (b) The department shall deem applications that are 170 submitted after the original submission date of the reconsidered
142 received on the same day as having been received simultaneously. 171 application.
143 If requests for investment authority exceed the remaining tax 172 (7) The department may not reduce the requested investment
144 credit limitation under paragraph (c), the department must 173 authority or deny a rural fund application for reasons other
145 proportionally reduce the investment authority and the investor 174 than those described in subsection (4) or subsection (5). After
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175 approving an application, the department shall certify: 204 in its discretion. Any remaining investment authority may be
176 (a) The applicant as a rural fund. 205 awarded by the department to new applicants.
177 (b) The amount of the applicant’s investment authority. 206 (10)(a) Any taxpayer that makes an investor contribution is
178 (8)(a) Within 90 days after receiving the certification 207 vested with an earned credit against state tax liability equal
179 issued under subsection (7), the rural fund shall collect all 208 to that investor’s investor contribution. The credit may be used
180 investor contributions and collect additional investments of 209 over 7 years such that 7.14 percent of the credit is applied in
181 cash which, when added to the investor contributions, at least 210 each of the taxable years that includes the year of the credit
182 equal the rural fund’s investment authority. Within 95 days 211 allowance date through the fourth anniversary of the credit
183 after receiving the certification issued under subsection (7), 212 allowance date, unless a specific request is made to carry
184 the rural fund shall send to the department documentation that 213 forward the credit allowance for a period not to exceed 10
185 the rural fund has collected the amounts described in this 214 years.
186 subsection. At least 10 percent of the rural fund’s investment 215 (b) The credit is nonrefundable and may not be sold,
187 authority must consist of equity investments contributed by 216 transferred, or allocated to any other entity other than an
188 affiliates of the rural fund. The rural fund shall report to the 217 affiliate that was an affiliate at the time of the submission of
189 department the date on which the investor contributions and 218 the investor’s affidavit included in the rural fund’s
190 additional investments of cash were collected. 219 application.
191 (b) Upon receipt of the documentation required by paragraph 220 (c) The amount of the credit claimed by a taxpayer may not
192 (a), the department shall provide to each taxpayer who has made 221 exceed the amount of such taxpayer’s state tax liability for the
193 an investor contribution in the amount of the investor 222 tax year for which the credit is claimed.
194 contribution a tax credit certificate. 223 (d) A taxpayer claiming a credit under this section shall
195 (9) If the rural fund fails to comply with subsection (8), 224 submit a copy of the tax credit certificate with the taxpayer’s
196 the department must revoke the rural fund’s certification and 225 return for each taxable year for which the credit is claimed.
197 the corresponding investment authority and investor 226 (11) The department must revoke the tax credit certificates
198 contributions will not count toward the limits on the program 227 issued under paragraph (8)(b) if any of the following occurs
199 size set forth in subsection (4). The department shall first 228 with respect to a rural fund before the rural fund exits the
200 award revoked investment authority pro rata to each rural fund 229 program in accordance with paragraph (15):
201 that was awarded less than the investment authority for which it 230 (a) The rural fund does not invest 60 percent of its
202 applied, and a rural fund may allocate the associated investor 231 investment authority in eligible investments in this state
203 contribution authority to any taxpayer with state tax liability 232 within 2 years after the credit allowance date.
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233 (b) The rural fund does not invest 100 percent of its 262 makes an investment in the rural fund of an affiliate of the
234 investment authority in eligible investments in this state 263 rural fund or an investor in the rural fund.
235 within 3 years after the credit allowance date. 264
236 (c) The rural fund, after initially satisfying paragraph 265 The department in its sole discretion may, upon request, and if
237 (b), fails to maintain eligible investments equal to 100 percent 266 the department believes that the investment aligns with the
238 of its investment authority until the sixth anniversary of the 267 purposes of this section, allow paragraphs (a), (b), and (c) to
239 credit allowance date. For purposes of this paragraph, an 268 be satisfied by investments in businesses that are not eligible
240 investment is maintained even if it is sold or repaid, so long 269 businesses or located in nonrural areas.
241 as the rural fund reinvests an amount equal to the capital 270 (12) Before making an eligible investment, a rural fund may
242 returned or recovered from the original investment, exclusive of 271 request a written opinion from the department as to whether the
243 any profits realized, in other eligible investments in this 272 business in which it proposes to invest satisfies the definition
244 state within 12 months after the receipt of such capital. 273 of an eligible business. The department, no later than 15
245 Amounts received periodically by a rural fund shall be treated 274 business days after the date of receipt of the request, shall
246 as continuously invested in eligible investments if the amounts 275 provide the rural fund with a determination letter providing its
247 are reinvested in one or more eligible investments by the end of 276 opinion. If the department fails to issue a determination letter
248 the following calendar year; however, there is no requirement to 277 within that timeframe, the business in which the rural fund
249 reinvest capital after the sixth anniversary for purposes of 278 proposes to invest shall be considered an eligible business.
250 eligibility under this paragraph. 279 (13) Before revoking a tax credit certificate under
251 (d) The rural fund, before exiting the program in 280 subsection (11), the department shall notify the rural fund of
252 accordance with paragraph (15) or 30 days after the seventh 281 the reasons for the pending revocation. The rural fund shall
253 anniversary of the credit allowance date, makes a distribution 282 have 180 days after the date the notice was received to correct
254 or payment that results in the rural fund having less than 100 283 any violation outlined in the notice to the satisfaction of the
255 percent of its investment authority invested in eligible 284 department and avoid revocation of the tax credit certificate.
256 investments in this state or available for investment in 285 (14) If the department revokes any tax credit certificates
257 eligible investments and held in cash and other marketable 286 under subsection (11), the associated investment authority and
258 securities. 287 investor contributions may not count toward the limit on total
259 (e) The rural fund invests in an eligible business that 288 investment authority and investor contributions described in
260 directly, or indirectly through an affiliate, owns, has the 289 subsection (4). The department shall award any remaining
261 right to acquire an ownership interest in, makes a loan to, or 290 investment authority to restore any reduction under paragraph
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291 (4)(b). 320 each eligible investment, and the average salary of each
292 (15) On or after the seventh anniversary of the credit 321 position.
293 allowance date, a rural fund may apply to the department to exit 322 4. Any other information required by the department.
294 the program and no longer be subject to regulation. The 323 (b) On or before March 1 of the subsequent calendar year
295 department shall approve or deny the application within 15 days 324 after the final report required in paragraph (a), and annually
296 after receipt. In evaluating the application, the fact that no 325 until its exit from the program in accordance with paragraph
297 tax credit certificates have been revoked and that the rural 326 (15), the rural fund shall submit to the department a report
298 fund has not received a notice of revocation that has not been 327 that identifies each eligible investment made by the rural fund
299 cured pursuant to subsection (13) is sufficient evidence that 328 and shall include:
300 the rural fund is eligible for exit. The department may not 329 1. The number of jobs created and retained as a result of
301 unreasonably deny an application submitted under this 330 the eligible investment and the annual salary of each position.
302 subsection. If the application is denied, the notice of denial 331 2. Any other information required by the department.
303 shall include the reasons for the determination. 332 (18) The department may not accept any new applications
304 (16) The department may not revoke a tax credit certificate 333 after December 1, 2034.
305 after a rural fund exits the program. 334 Section 2. This act shall take effect July 1, 2025.
306 (17)(a) Each rural fund shall submit to the department a
307 report on or before the 15th business day after the second and
308 third anniversaries of the credit allowance date which provides
309 documentation that the rural fund has invested the amounts
310 required in paragraphs (11)(a) and (b). Such report shall also
311 include all of the following:
312 1. The name and location of each eligible business
313 receiving an eligible investment, including either the written
314 determination under subsection (12) or evidence that the
315 business qualified as an eligible business at the time the
316 investment was made, if not previously reported.
317 2. A bank statement evidencing each eligible investment, if
318 not previously reported.
319 3. The number of jobs created and retained as a result of
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The Florida Senate
4
J 3t af
Date
APPEARANCE RECORD i3tL
Bill Number orTopic
Deliver both copies of this form to
/"0 lLt.rt l Senate professional staff conductlng the meeting
Amendment Barcode (if applicable)
Committee
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Street
o(
City State Zip
Speaking: I ror ! Against I lnformation OR Waive Speaking: ln Support ! Against
P LEASE CHECK ONE OF THE FOLLOWING:
I am appearing without p! I am a registered lobbyist, but received
I am not a lobbyist,
compensation or sponsorship. representlng: something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
S&tulun/.[ heil't"l
This form is part of the public record forthis meeting. 5-001 (08/10/2021)
The Florida Senate
Ghtf ze
Meeting Date
APPEARANCE RECORD 6B \zLz Bill Number orTopic
Deliver both copies of this form to
5A nrnotlc +Tarxicr- Committee
Senate professional staff conducting the meeting
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Name Z^rron 6"t. Phone trv qg
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a A Tzgot
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Speaking: f] ror ! Against ! lnformation OR Waive Speaking: {^rurro,, ! Asainst
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
J lam registered lobbyist,
a I am not a lobbyist, but received
compensation or sponsorship.
!J representrng: something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
Ass/,.+) l..)usrrlrs 4 F[oi)a
This form is part of the public record for this meeting. 5-001 (08/10/2021)
The Florida Senate
03/31 12025 1322
APPEARANCE RECORD
Meeting Date Bill Number orTopic
Deliver both copies of this form to
S Commerce & Tourlsm Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Slater Bayliss Phone
850-222-8900
Name
Address 204 South Monroe Street ,n,,",, slater@tapfla.com
Sueet
Tallahassee FL 32301
Ctty State Zip
ll-l ror iE, nguintt
speaking: -E ffi tnfo,rution OR waive speak ins, mln Support lElogu'nu
PLEASE CHECK ONE OF THE FOLLOWING:
lf
-r- l tsomething
am not a lobbyist, but received
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of value for my appearance
(travel. meals, lodging, etc.),
Advantage Capital Partners sponsored by:
This form is part of the public record for this meeting. 5-001 (08/10/2021)
The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 7th, 2025
I respectfully request that Senate Bill #1322, relating to Tax Credits for Investment in Rural
Communities, be placed on the:
Committee agenda at your earliest possible convenience.
Next committee agenda.
Senator Corey Simon
Florida Senate, District 3
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1672
INTRODUCER: Senator Truenow
SUBJECT: Labor Pool Act
DATE: March 28, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. FP
3. RC
I. Summary:
SB 1672 repeals Florida’s Labor Pool Act.
The bill takes effect July 1, 2025.
II. Present Situation:
Labor Pool Act
Part II of ch. 448, F.S., also known as the Labor Pool Act (Act),1 provides for the health, safety,
and well-being of day laborers throughout the state and outlines uniform standards of conduct
and practice for labor pools. The Act defines “labor pool” as a business entity that operates a
labor hall2 by one or more of the following methods:3
• Contracting with third-party users to supply day laborers on a temporary basis;
• Hiring, employing, recruiting, or contracting with workers to fulfill contracts for temporary
labor; or
• Fulfilling any contracts for day labor in accordance with the Labor Pool Act, even if the
entity also conducts other business.
1
Ch. 95-332, Laws of Fla.
2
Section 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble
and are dispatched to work for a third-party user.
3
Section 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as
farm labor contractors; employee leasing companies; temporary help services that solely provide white collar employees,
secretarial employees, clerical employees, or skilled laborers; labor union hiring halls; or labor bureau or employment offices
operated by a business entity for the sole purpose of employing an individual for its own use. See s. 448.23, F.S.
BILL: SB 1672 Page 2
Exceptions
The Labor Pool Act does not apply to the following types of businesses:4
• Business entities duly registered as farm labor contractors pursuant to part III of ch. 450, F.S;
• Employee leasing companies,5 as defined in s. 468.520, F.S.;
• Temporary help services engaged in supplying solely white collar employees, secretarial
employees, clerical employees, or skilled laborers;
• Labor union hiring halls; or
• Labor bureau or employment offices operated by a business entity for the sole purpose of
employing an individual for its own use.
Prohibitions
The Act prohibits labor pools from:6
• Charging a day laborer:7
o For safety equipment, clothing, accessories, or any other items required by the nature of
the work;
o More than a reasonable amount to transport a worker to or from the designated worksite;
or
o For directly or indirectly cashing a worker’s check.
• Requesting or requiring that any day laborer sign any document waiving statutory
protections.
• Charging more than the actual cost of providing lunch, if the labor pool provides lunch at the
worksite.8
• Restricting a day laborer’s right to accept a permanent position with a third-party user to
whom the laborer is referred for temporary work, or to restrict the right of a third-party user
to offer employment to an employee of the labor pool.9
Requirements
The Act requires labor pools to:
• If operating a labor hall, provide the following facilities for a worker waiting at the hall for a
job assignment:10
o Restroom facilities;
o Drinking water; and
o Sufficient seating.
• Select one of the following methods to pay a day laborer for work performed:11
o Cash;
4
Section 448.23, F.S.
5
“Employee Leasing Company” means a sole proprietorship, partnership, corporation, or other form of business entity
engaged in employee leasing.
6
Section 448.24(1), F.S.
7
“Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not
longer than the time period required to complete the temporary assignment for which the individual worker was hired,
although an individual may be eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
8
Section 448.24(4), F.S.
9
Section 448.24(6), F.S.
10
Section 448.24(5), F.S.
11
Section 448.24(2), F.S.
BILL: SB 1672 Page 3
o Commonly accepted negotiable instruments that are payable in cash, on demand at a
financial institution, and without discount;
o Payroll debit card; or
o Electronic fund transfer.
• Notify a day laborer of the payment method that the labor pool intends to use and the day
laborer’s options to elect a different payment method.12
• If selecting to pay a day laborer by payroll debit card:13
o Offer the day laborer the option to elect payment by electronic fund transfer; and
o Provide the day laborer with a list, including the address, of a nearby business that does
not charge a fee to withdraw the debit card’s contents.
• Compensate day laborers at or above the minimum wage.14
• Comply with the Workers’ Compensation Law in ch. 440, F.S.15
• Insure any motor vehicle owned or operated by the labor pool and used for worker
transportation.16
• Furnish each worker with a written itemized statement showing in detail each wage
deduction.
• Give each worker an annual earnings statement summary.17
Remedies
Under the Act, any worker affected by a violation of the provisions relating to labor pool duties
and obligations may file a lawsuit against the labor pool. In any such lawsuit, the worker is
required to give the labor pool a reasonable opportunity to cure the alleged violation within 60
days. Workers are authorized to recover actual and consequential damages, or $1,000, whichever
is greater, for each violation, and costs. The legal remedy:
• Must be filed within 1 year after the date the notice of an alleged violation is served; and
• Is exclusive and prohibits the worker from pursuing any other available legal remedy.18
The Fair Labor Standards Act and Minimum Wage
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections.19 In 1938, the FLSA established a
minimum wage of $.25 an hour. The current federal minimum wage rate is $7.25 an hour, which
went into effect July 24, 2009. The FLSA applies to employment within any state in the U.S., the
District of Columbia, or any territory or possession of the U.S.20
12
Id.
13
Id.
14
Id.
15
Id.
16
Id.
17
Id.
18
Section 448.25, F.S.
19
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
20
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, available at
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited Mar. 28, 2025). (The main FLSA provisions and
accompanying Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws
and federal child labor law.).
BILL: SB 1672 Page 4
The FLSA covers most private and public sector employees. However, certain employers and
employees are exempt from coverage, including individuals with disabilities, youth workers,
tipped workers, and executive, administrative, and professional workers. The FLSA covers
businesses if the business has annual sales of at least $500,000.21 It also covers certain individual
employees if such employee is engaged in interstate commerce.
The FLSA provides that if states enact worker protections, including minimum wage rates, that
are more protective of employees than what is provided by the FLSA, the state law applies.22
Consequently, no state law may weaken the worker protections in the FLSA. However, state
laws that impose greater worker protections will supersede those in the FLSA.23
Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a
minimum wage greater than the federal minimum wage. Thirteen states provide a minimum
wage that is equal to the federal minimum wage. Five states have not adopted a minimum wage
and two states have a minimum wage that is below the federal minimum wage.24 For those seven
states, the federal minimum wage applies, but only to those workers covered by the FLSA.
On November 3, 2020, citizens voted to amend the Florida Constitution to gradually increase the
state minimum wage each year, starting at $10.00 per hour and rising until it reaches $15.00 per
hour on September 30, 2026.25 Currently, the Florida minimum wage is $13.00 per hour.26
Pursuant to the amendment, on September 30, 2027, and each following year on that date,
Florida’s Department of Commerce must increase the minimum wage using a specified inflation
calculation.27
The US Department of Labor, Wage and Hour Division provides the following information
regarding the application of the minimum wage, overtime pay and recordkeeping requirements
of the FLSA to low-wage employees earning wages by the day, commonly known as day
laborers:
• Minimum Wage: FLSA covered employers must pay day laborers at least the applicable
minimum wage for all hours worked regardless of whether the worker is paid by the hour, the
day, or at a piece rate. The minimum wage for covered nonexempt employees is $7.25 an
hour effective July 24, 2009. (Certain State rates may be higher.)
• Hours Worked: Employers must pay day laborers for all work performed whether or not the
employer approves the work in advance. In general, “hours worked” includes all time an
21
The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all
business activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least
$500,000. Owners of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-
779.259.
22
29 U.S.C. §218.
23
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated
March 8, 2023, available at https://crsreports.congress.gov/product/pdf/R/R42713, (last visited Mar. 28, 2025).
24
U.S. Department of Labor, Consolidated Minimum Wage Table, available at https://www.dol.gov/agencies/whd/mw-
consolidated (last visited Mar. 28, 2025).
25
See Fla. Const. art. X, § 24.
26
U.S. DEPT. OF LABOR, State Minimum Wage Laws, available at https://www.dol.gov/agencies/whd/minimum-
wage/state (last visited Mar. 28, 2025).
27
Fla. Const. art. X, § 24.
BILL: SB 1672 Page 5
employee must be on duty, or at the place of work. Normally, time spent in training, traveling
from site to site during the day and doing repair work must be paid.
• Overtime: Normally, employers must pay time and one-half of the worker’s regular rate of
pay after 40 hours of work in a 7-day workweek.
• Recordkeeping: Records must be kept by employers of all wages paid and of all hours
worked, regardless of where the work is performed. Workers should keep a record of their
employer’s name, address, phone number, the hours they worked, and any payments
received.28
III. Effect of Proposed Changes:
The bill repeals Florida’s Labor Pool Act, which governs the day labor industry in Florida.
The bill makes conforming changes in ss. 443.101 and 448.111, F.S.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
28
United States Department of Labor Wage and Hour Division, Digital Reference Guide to the Fair Labor Standards Act,
available at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/Digital_Reference_Guide_FLSA.pdf (last visited Mar.
28, 2025).
BILL: SB 1672 Page 6
B. Private Sector Impact:
There may be a reduction in litigation expenses for labor pools due to the removal of the
prohibitions and remedies for violations under the Labor Pool Act.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 443.101, 448.111.
This bill repeals the following sections of the Florida Statutes: 448.20, 448.21, 448.22, 448.23,
448.24, 448.25, 448.26.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 SB 1672 Florida Senate - 2025 SB 1672
By Senator Truenow
13-01806-25 20251672__ 13-01806-25 20251672__
1 A bill to be entitled 30 an entity licensed under s. 125.012(6), which hires employees
2 An act relating to the Labor Pool Act; repealing ss. 31 assigned by a union for the purpose of supplementing or
3 448.20, 448.21, 448.22, 448.23, 448.24, 448.25, and 32 supporting the workforce of the temporary help firm’s clients.
4 448.26, F.S., relating to short title; legislative 33 The term does not include employee leasing companies regulated
5 intent; definitions; exclusions; duties and rights; 34 under part XI of chapter 468.
6 remedies, damages, and costs; and application, 35 2. “Temporary employee” means an employee assigned to work
7 respectively; amending ss. 443.101 and 448.111, F.S.; 36 for the clients of a temporary help firm. The term also includes
8 conforming provisions to changes made by the act; 37 a day laborer performing day labor, as defined in s. 448.22, who
9 providing an effective date. 38 is employed by a labor pool as defined in s. 448.22.
10 39 3. “Leased employee” means an employee assigned to work for
11 Be It Enacted by the Legislature of the State of Florida: 40 the clients of an employee leasing company regulated under part
12 41 XI of chapter 468.
13 Section 1. Sections 448.20, 448.21, 448.22, 448.23, 448.24, 42 (b) A temporary or leased employee is deemed to have
14 448.25, and 448.26, Florida Statutes, are repealed. 43 voluntarily quit employment and is disqualified for benefits
15 Section 2. Subsection (10) of section 443.101, Florida 44 under subparagraph (1)(a)1. if, upon conclusion of his or her
16 Statutes, is amended to read: 45 latest assignment, the temporary or leased employee, without
17 443.101 Disqualification for benefits.—An individual shall 46 good cause, failed to contact the temporary help or employee-
18 be disqualified for benefits: 47 leasing firm for reassignment, if the employer advised the
19 (10) Subject to the requirements of this subsection, if the 48 temporary or leased employee at the time of hire and that the
20 claim is made based on the loss of employment as a leased 49 leased employee is notified also at the time of separation that
21 employee for an employee leasing company or as a temporary 50 he or she must report for reassignment upon conclusion of each
22 employee for a temporary help firm. 51 assignment, regardless of the duration of the assignment, and
23 (a) As used in this subsection, the term: 52 that reemployment assistance benefits may be denied for failure
24 1. “Temporary help firm” means a firm that hires its own 53 to report. For purposes of this section, the time of hire for a
25 employees and assigns them to clients to support or supplement 54 day laborer is upon his or her acceptance of the first
26 the client’s workforce in work situations such as employee 55 assignment following completion of an employment application
27 absences, temporary skill shortages, seasonal workloads, and 56 with the labor pool. The labor pool as defined in s. 448.22(1)
28 special assignments and projects, and includes a labor pool as 57 must provide notice to the temporary employee upon conclusion of
29 defined in s. 448.22. The term also includes a firm created by 58 the latest assignment that work is available the next business
Page 1 of 4 Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2025 SB 1672 Florida Senate - 2025 SB 1672
13-01806-25 20251672__ 13-01806-25 20251672__
59 day and that the temporary employee must report for reassignment 88 (d) Taking any action, including action required or
60 the next business day. The notice must be given by means of a 89 suggested by any federal, state, or local law, ordinance, order,
61 notice printed on the paycheck, written notice included in the 90 or directive which is intended to protect public health and
62 pay envelope, or other written notification at the conclusion of 91 safety.
63 the current assignment. 92 Section 4. This act shall take effect July 1, 2025.
64 Section 3. Subsection (2) of section 448.111, Florida
65 Statutes, is amended to read:
66 448.111 Evidentiary standards for actions of a business
67 during an emergency.—
68 (2) Notwithstanding any other law, the following actions of
69 a business, if taken during a public health emergency declared
70 by the State Health Officer under s. 381.00315 or a state of
71 emergency declared by the Governor under s. 252.36, may not be
72 used as evidence in a civil cause of action brought under s.
73 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s.
74 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil
75 cause of action, as provided for under general law, to recover
76 lost wages, salary, employment benefits, or other compensation,
77 because an individual has not been properly classified as an
78 employee:
79 (a) Providing financial assistance to previously engaged
80 individuals who are unable to work because of health and safety
81 concerns.
82 (b) Directly providing benefits that are related to the
83 health and safety of engaged individuals, including medical or
84 cleaning supplies, personal protective equipment, health checks,
85 or medical testing.
86 (c) Providing training or information related to the health
87 and safety of engaged individuals or the public.
Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
06 3 APPEARANCE RECORD tb1 -?-.
Bill Number orTopic
Meeting
Deliver both copies of this form to
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professional staff conducting the meeting
Amendment Barcode (if applicable)
Committee
Name Phone VaQ' 3t[77
Address o Email
gLF"qWh-1,6M
Street
City State
% zip
770
Speaking fi-Against ! Information OR waive speaking: ! tn support I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without ffia representrng:
registered lobbyist, I am not a lobbyist, but received
something of value for my appearance
compensation or sponsorship.
(travel, meals, lodging, etc.).
? xr-tsLTTLA- ?r*3 orvtngl (trv AA t
sponsored by:
This form is part of the public record for this meeting. S-00 1 (08/10/2021)
THE FLORIDA SENATE COMMITTEES:
Agriculture, Chair
Tallahassee, Florida 32399-1100 Appropriations Committee on Agriculture, Environment,
and General Government
Appropriations Committee on Transportation,
Tourism, and Economic Development
Banking and Insurance
Fiscal Policy
Military and Veterans Affairs, Space, and
Domestic Security
Transportation
SENATOR KEITH TRUENOW
13th District
March 11, 2025
Senator Thomas Leek
310 Senate Office Building
404 So Monroe Street
Tallahassee, FL 32399
Dear Chair Leek,
I would like to request SB 1672 Labor Pool Act be placed on the next Commerce & Tourism
Committee meeting agenda.
The Florida’s Labor Pool Act may be duplicative and unnecessary—day labor centers are
already subject to extensive federal, state and local regulations that ensure worker safety, fair
wages, and employer accountability. SB 1672 repeals this law while keeping protection in place.
I appreciate your favorable consideration.
Sincerely,
Senator Keith Truenow
Senate District 13
KT/dd
cc: Todd McKay, Staff Director
Renita Hayes, Administrative Assistant
REPLY TO:
Lake County Agricultural Center, 1951 Woodlea Road, Tavares, Florida 32778 (352) 750-3133
16207 State Road 50, Suite 401, Clermont, Florida 34711
304 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5013
Senate’s Website: www.flsenate.gov
BEN ALBRITTON JASON BRODEUR
President of the Senate President Pro Tempore
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 940
INTRODUCER: Regulated Industries Committee and Senator McClain
SUBJECT: Third-party Reservation Platforms
DATE: March 28, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Dike McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 940 prohibits a third-party reservation platform (platform) from listing, advertising,
promoting, or selling reservations for a public food service establishment through a platform’s
website, mobile application, or other Internet service without the platform having a contractual
relationship or agreement with the food service establishment, or its contractual designee, to
offer or arrange for reservations for on-premises service at such public food service
establishment.
The bill defines the term “third-party reservation platform” to mean any website, mobile
application, or other Internet service that:
• Offers or arranges for reservations for on-premises service for a customer at a food service
establishment;
• Is owned and operated by a person other than the owner of the public food service
establishment; and
• Does not have a contractual relationship or agreement with the public food service
establishment, or its contractual designee, to offer or arrange for a reservation at the public
food service establishment for on-premises service.
The bill excludes from the definition of “third-party reservation platform” the contractual
designee of an individual customer which arranges for a personal and nontransferable reservation
at a food service establishment at the request of the customer and at no cost to the customer,
provided that the designee shares the individual customer’s contact information with the food
BILL: CS/SB 940 Page 2
service establishment, allows the food service establishment to confirm the reservation with the
individual customer, and honors requests from the food service establishment to opt out of future
reservations created by the designee.
The Division of Hotels and Restaurants (division) within the Department of Business and
Professional Regulation (DBPR) is authorized by the bill to impose a civil penalty on a platform
of up to $1,000 for each violation of the prohibition, or of a division rule implementing the
prohibition. Under the bill, violations may accrue on a daily basis for each day and each
reservation for each food service establishment in which there has been a violation.
The effective date of the bill is July 1, 2025.
II. Present Situation:
Division of Hotels and Restaurants
The division is charged with enforcing the laws relating to the inspection and regulation of
public food service establishments for the purpose of protecting the public health, safety, and
welfare.1
Public Food Service Establishments
A “public food service establishment” is defined as:
…any building, vehicle, place, or structure, or any room or division in a
building, vehicle, place, or structure where food is prepared, served, or
sold for immediate consumption on or in the vicinity of the premises;
called for or taken out by customers; or prepared prior to being delivered
to another location for consumption.2
There are several exclusions from the definition of public food service establishment, including:
• Any place maintained and operated by a public or private school, college, or university for
the use of students and faculty or temporarily to serve events such as fairs, carnivals, and
athletic contests;
• Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or
nonprofit civic organization for the use of members and associates or temporarily to serve
events such as fairs, carnivals, or athletic contests;
• Any eating place located on an airplane, train, bus, or watercraft which is a common carrier;
• Any eating place maintained by a facility certified or licensed and regulated by the Agency
for Health Care Administration or the Department of Children and Families;
• Any place of business issued a permit or inspected by the Department of Agriculture and
Consumer Services under s. 500.12, F.S.;
• Any vending machine that dispenses any food or beverage other than potentially hazardous
food;
• Any place of business serving only ice, beverages, popcorn, and prepackaged items;
1
Section 509.032, F.S.
2
Section 509.013(5)(a), F.S.
BILL: CS/SB 940 Page 3
• Any theater, if the primary use is as a theater and if patron service is limited to food items
customarily served to the admittees of theaters; and
• Any research and development test kitchen limited to use by employees and not open to the
general public.3
The regulation of public food service establishments is preempted to the state.4
Third-Party Reservation Platforms
A third-party reservation platform is a service offered via the Internet or a mobile application
through which a public food service establishment, e.g., a restaurant, or other establishment that
accepts reservations, may allow patrons to schedule reservations. The reselling of reservations by
third parties has historically been an issue within the restaurant industry. Recently, third-party
websites and bots5 have worsened the problem and have led to situations in which reservations
do not sell or patrons do not appear at the appointed time for a reservation, which results in lost
sales for the public lodging establishment and the loss of income for service workers.
Reservations through third-party platforms have been known to use fake names, which can cause
confusion for the businesses.6
Third-party reservation platforms are not currently regulated by the State of Florida.
In 2024, the New York State Assembly passed a bill to prohibit third-party restaurant reservation
services from arranging unauthorized restaurant reservations with food service establishments.
The law, which became effective February 17, 2025, prohibits third-party reservation services
from listing or selling reservations on a website or mobile application without a written
agreement with the restaurant to include its reservations with the service. The law provides civil
penalties of up to $1,000 per violation per day.7
III. Effect of Proposed Changes:
The bill creates s. 509.105, F.S., to prohibit platforms from listing, advertising, promoting, or
selling reservations for a public food service establishment through a platform’s website, mobile
application, or other Internet service without the platform having a contractual relationship or
agreement with the food service establishment, or its contractual designee, to offer or arrange for
reservations for on-premises service at such public food service establishment.
3
Section 509.013(5)(b), F.S.
4
Section 509.032(7), F.S.
5
Merriam Webster Dictionary, defining the term “bot” to mean “a computer program that performs automatic repetitive
tasks,” https://www.merriam-webster.com/dictionary/bot (last visited Mar. 28, 2025).
6
Gothamist, New York law aims to kill 'black market' for restaurant reservations, https://gothamist.com/news/new-york-law-
aims-to-kill-black-market-for-restaurant-reservations (last visited Mar. 28, 2025); and New York Post, Third-party apps
offering hard-to-get NYC restaurant reservations fuming over Hochul crackdown,
https://nypost.com/2025/02/25/business/third-party-apps-offering-hard-to-get-nyc-restaurant-reservations-fuming-over-
hochul-crackdown/ (last visited Mar. 28, 2025).
7
NY Assembly Bill A10215A (2024); available at:
https://nyassembly.gov/leg/?default_fld=%0D%0A&leg_video=&bn=A10215a&term=2023&Summary=Y&Actions=Y&Co
mmittee%26nbspVotes=Y&Floor%26nbspVotes=Y&Memo=Y&Text=Y&LFIN=Y&Chamber%26nbspVideo%2FTranscript
=Y (last visited Mar. 28, 2025).
BILL: CS/SB 940 Page 4
The bill defines the term “third-party reservation platform” to mean any website, mobile
application, or other Internet service that:
• Offers or arranges for reservations for on-premises service for a customer at a food service
establishment;
• Is owned and operated by a person other than the owner of the public food service
establishment; and
• Does not have a contractual relationship or agreement with the public food service
establishment, or its contractual designee, to offer or arrange for a reservation at the public
food service establishment for on-premises service.
The bill excludes from the definition of “third-party reservation platform” the contractual
designee of an individual customer which arranges for a personal and nontransferable reservation
at a food service establishment at the request of the customer and at no cost to the customer,
provided that the designee shares the individual customer’s contact information with the food
service establishment, allows the food service establishment to confirm the reservation with the
individual customer, and honors requests from the food service establishment to opt out of future
reservations created by the designee.
The bill authorizes the division to impose a civil penalty on a platform of up to $1,000 for each
violation of the prohibition in s. 509.104, F.S., or of a division rule implementing that section.
Under the bill, violations may accrue on a daily basis for each day and each reservation for each
food service establishment in which there has been a violation.
The effective date of the bill is July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
BILL: CS/SB 940 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The DBPR anticipates an indeterminate increase in fines collected for non-compliance
with the requirements of the bill. The division may need additional compliance and legal
staff to address non-compliance. However, the department anticipates a minimal,
indeterminate increase in expenditure. If the division pursues administrative complaints
against third-party reservation platforms, the division may require additional staff to
investigate and gather the necessary evidence because the cases cannot be resolved via
inspection.8
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 509.105 of the Florida Statutes:
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on March 19, 2025:
The committee substitute:
• Changes the title to an act relating to "third-party reservation platforms” from an act
relating to "third-party restaurant reservation platforms”;
• Provides that the act may be cited to as the “Restaurant Reservation Anti-Piracy Act”;
• Removes from the bill the definition for the term “food service establishment” and
uses the term “public food service establishment” which is a term that is defined
under current law in ch. 509, F.S.;
8
Department of Business and Professional Regulation, 2025 Agency Legislative Bill Analysis for HB 543 (Feb. 13, 2025) (on
file with the Senate Regulated Industries Committee).
BILL: CS/SB 940 Page 6
• Changes the term “third-party restaurant reservation platform” to “third-party
reservation platform”;
• Expands the definition for “third-party reservation platform” to include those
platforms that do not have a contractual relationship or agreement with the public
food service establishment, or its contractual designee, to offer or arrange for a
reservation at the public food service establishment for on-premises service; and
• Excludes from the definition of “third-party reservation platform” the contractual
designee of an individual customer which arranges for a personal and nontransferable
reservation at a food service establishment at the request of the customer and at no
cost to the customer, provided that the designee shares the individual customer’s
contact information with the food service establishment, allows the food service
establishment to confirm the reservation with the individual customer, and honors
requests from the food service establishment to opt out of future reservations created
by the designee.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 CS for SB 940 Florida Senate - 2025 CS for SB 940
By the Committee on Regulated Industries; and Senator McClain
580-02617-25 2025940c1 580-02617-25 2025940c1
1 A bill to be entitled 30 (b) Is owned and operated by a person other than the owner
2 An act relating to third-party reservation platforms; 31 of the public food service establishment.
3 providing a short title; creating s. 509.105, F.S.; 32 (c) Does not have a contractual relationship or agreement
4 defining the term “third-party reservation platform”; 33 with the public food service establishment, or its contractual
5 specifying that a third-party reservation platform 34 designee, to offer or arrange for a reservation at the public
6 does not include certain contractual designees; 35 food service establishment for on-premises service.
7 prohibiting a third-party reservation platform from 36 (2) A third-party reservation platform does not include a
8 listing, advertising, promoting, selling, or otherwise 37 contractual designee of an individual customer which arranges
9 enabling a reservation at a public food service 38 for a personal and nontransferable reservation at a food service
10 establishment; authorizing the Division of Hotels and 39 establishment at the request of the customer and at no cost to
11 Restaurants of the Department of Business and 40 the customer, provided that the designee shares the individual
12 Professional Regulation to impose a civil penalty not 41 customer’s contact information with the food service
13 to exceed a specified amount for a violation of the 42 establishment, allows the food service establishment to confirm
14 act or of a division rule; providing a schedule and 43 the reservation with the individual customer, and honors
15 requirements for the accrual of such violations; 44 requests from the food service establishment to opt out of
16 providing an effective date. 45 future reservations created by the designee.
17 46 (3) A third-party reservation platform may not list,
18 Be It Enacted by the Legislature of the State of Florida: 47 advertise, promote, facilitate, sell, or otherwise enable a
19 48 reservation at a public food service establishment.
20 Section 1. This act may be cited to as the “Restaurant 49 (4) The division may impose a civil penalty on a third-
21 Reservation Anti-Piracy Act.” 50 party reservation platform in an amount not to exceed $1,000 for
22 Section 2. Section 509.105, Florida Statutes, is created to 51 each violation of this section or of a division rule. Violations
23 read: 52 under this subsection shall accrue on a daily basis for each day
24 509.105 Third-party reservation platforms prohibited.— 53 and each reservation for each food service establishment in
25 (1) As used in this section, the term “third-party 54 which there has been a violation of this section or rules of the
26 reservation platform” means a website, mobile application, or 55 division.
27 other Internet service that satisfies all of the following: 56 Section 3. This act shall take effect July 1, 2025.
28 (a) Offers or arranges for a reservation at a public food
29 service establishment for on-premises service.
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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The Florida Senate
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The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 19, 2025
I respectfully request that Senate Bill #940, relating to Third Party Reservations, be placed on
the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Stan McClain
Florida Senate, District 9
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1820
INTRODUCER: Transportation Committee and Senator Leek
SUBJECT: Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers
DATE: March 28, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Shutes Vickers TR Fav/CS
2. McMillan McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1820 amends provisions of the Florida Motor Vehicle Dealership Act (Act), which
governs the licensure of and contractual relationship between motor vehicle dealers,
manufacturers, distributors, and importers.
The bill prohibits an applicant or licensee (manufacturer, distributor, importer) or common entity
from implementing or enforcing sales or service measuring criteria without first making
available and readily accessible a written description to each franchised dealer which states how
the performance measurement criteria was designed, calculated, established, and uniformly
applied.
The bill prohibits manufacturers, distributors, importers, or a common entity from engaging in
any action taken as retaliation against a motor vehicle dealer because the dealer invoked any
statutory right created by the motor vehicle franchise law, asserted that the manufacturer,
distributor, importer, or a common entity has acted in a manner that violates the motor vehicle
franchise law, or participated in an investigation, proceeding, or hearing.
The bill revises provisions relating to the discontinuation, cancellation, nonrenewal, modification
or replacement of a motor vehicle franchise agreement to provide that such action is considered
unfair under certain conditions.
BILL: CS/SB 1820 Page 2
The bill may have an indeterminate positive fiscal impact on franchised motor vehicle dealers in
the state.
The bill takes effect July 1, 2025.
II. Present Situation:
Florida Automobile Dealership Act
The Act,1 governs the licensure of, and contractual relationship (franchise agreements2)
between, motor vehicle manufacturers,3 distributors,4 and importers,5 and provides substantial
protections for motor vehicle dealers.6 The Division of Motorist Services within the Department
of Highway Safety and Motor Vehicles (DHSMV) administers and enforces the Act, which
generally specifies:
• Motor vehicle manufacturers, distributors, and importers must be licensed under the Act to
engage in business in Florida and the conditions and situations under which the DHSMV
may deny, suspend, or revoke such licenses;
• The requirements for manufacturers, distributors, or importers wishing to discontinue, cancel,
modify, or otherwise replace a franchise agreement with a dealer, and the conditions under
which the DHSMV may deny such a request;
• The procedures manufacturers, distributors, or importers must follow to add a franchised
dealership in an area already served by a franchised dealer, the protest process, and the
DHSMV’s role in such circumstances;
1
Ch. 70-424, Laws of Fla., codified in ch. 320, F.S.
2
“Franchise agreement” means a contract, franchise, new motor vehicle franchise, sales and service agreement, or dealer
agreement or any other terminology used to describe the contractual relationship between a manufacturer, factory branch,
distributor, or importer, and a motor vehicle dealer, pursuant to which the motor vehicle dealer is authorized to transact
business pertaining to motor vehicles of a particular line-make. “Line-make vehicles,” means motor vehicles which are
offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer of
same (such as Ford, General Motors, or Honda). However, motor vehicles sold or leased under multiple brand names or
marks constitute a single line-make when they are included in a single franchise agreement, and every motor vehicle dealer in
this state authorized to sell or lease any such vehicles has been offered the right to sell or lease all of the multiple brand
names or marks covered by the single franchise agreement. See ss. 320.60(1), (10), and (14), F.S.
3
Section 320.60(9), F.S. defines a “Motor vehicle manufacturer” to mean any person, whether a resident or non-resident of
this state, who manufactures or assembles motor vehicles or who manufactures or installs on previously assembled truck
chassis special bodies or equipment which, when installed, form an integral part of the motor vehicle and which constitute a
major manufacturing alteration. This term includes a central or principal sales corporation or other entity through which, by
contractual agreement or otherwise, it distributes its products.
4
Section 320.60(9), F.S. defines a “Distributor” to mean a person, resident or nonresident, who, in whole or in part, sells or
distributes motor vehicles to motor vehicle dealers or who maintains distributor representatives.
5
Section 320.60(7), F.S. defines “Importer” to mean a person who imports vehicles from a foreign country into the United
States or into this state for the purpose of sale or lease.
6
“Motor vehicle dealer” means any person, firm, company, corporation, or entity who holds a license under s. 32.27, F.S., as
a “franchised motor vehicle dealer” and, for commission, money, or other things of value, repairs or services motor vehicles
pursuant to a franchise agreement; sells, exchanges, buys, leases or rents, or offers, or attempts to negotiate a sale or
exchange of any interest in, motor vehicles,; or is engaged wholly or in party in the business of selling motor vehicles,
whether or not such motor vehicles are owned by such person, firm, company, or corporation. Further, any person who
repairs or services three or more motor vehicles; buys, sells, or deals in three or more motor vehicles in any 12-month period;
or offers or displays for sale three or more motor vehicles is presumed to be a motor vehicle dealer, with exceptions. See s.
320.60(13), F.S.
BILL: CS/SB 1820 Page 3
• The damages assessable against a manufacturer, distributor, or importer who violates the Act;
and
• The DHSMV’s authority to adopt rules to implement these sections of law.7
Common Entity
When the Act refers to a “common entity” it is referring to a person or business that is directly or
indirectly controlled by, or has more than 30 percent equity interest in, a manufacturer, importer,
distributor, or licensee, or an affiliate thereof.8
Measuring Sales or Service Performance
The Act prohibits manufacturers, distributors, or importers measuring the sales or service
performance of any of their franchised motor vehicle dealers in Florida which have a material or
adverse effect on any motor vehicle dealer that are unfair, unreasonable, arbitrary, or inequitable,
or do not include all relevant and material local and regional criteria, data, and facts.9
Discontinuing, Canceling, Nonrenewing, Modifying, or Replacing Franchise Agreements
The Act authorizes motor vehicle dealers who receive a notice of intent to discontinue, cancel,
not renew, modify, or replace a franchise agreement from a manufacturer to, within the 90-day
notice period, file a petition or complaint for a determination of whether such action is unfair or
prohibited. Such actions are considered unfair if they are not:10
• Clearly permitted by the franchise agreement;
• Undertaken in good faith;
• Undertaken for good cause;
• Based on a material and substantial breach of the franchise agreement; or
• Applied uniformly.
The Act provides new motor vehicle dealers with at least 180 days to correct an alleged failure
before a manufacturer is authorized to send the notice of discontinuation, cancellation, or
nonrenewal.11
A modification or replacement is unfair if it is not:12
• Clearly permitted by the franchise agreement;
• Undertaken in good faith; or
• Undertaken for good cause.
The manufacturer, distributor, or importer has the burden of proof that such action is fair and not
prohibited.13
7
Section 320.011, F.S. See also ss. 320.60-320.70, F.S.
8
Section 320.60(2)(a), F.S.
9
Section 320.64(42)(a), F.S.
10
Section 320.641(3), F.S.
11 Id.
12 Id.
13 Id.
BILL: CS/SB 1820 Page 4
Complaints and Conduct of Inquiry
The Act requires the DHSMV to conduct an inquiry of a manufacturer relating to any written
complaint alleging a violation of any provision of ss. 320.61-320.70, of the Act, made by the
following entities:14
• A motor vehicle dealer with a current franchise agreement with the manufacturer, or
• A motor vehicle dealer association with at least one member with a current franchise
agreement issued by the manufacturer.
Motor Vehicle Dealer Association Standing
On May 3, 2022, the First District Court of Appeal affirmed a decision by the DHSMV that the
Florida Automobile Dealers Association (FADA) lacked standing to challenge a manufacturer,
distributor, or importer based alleged violation of the Act.15 Specifically, the court held that, even
though the FADA’s members are motor vehicle dealers, the FADA lacked standing because:
• It is not itself a motor vehicle dealer or other statutorily-authorized person or entity that may
bring such a challenge; and
• The FADA was not directly and negatively impacted by the manufacturers, distributors, or
importers actions or conduct.16
III. Effect of Proposed Changes:
The bill amends s. 320.64, F.S., relating to the denial, suspension or revocation of a license
issued to a motor vehicle manufacturer, distributor, or importer. Specifically, the bill adds
“common entity” to the prohibition of a manufacturer, distributor, or importer from measuring
the sales or service performance of their franchised motor vehicle dealers.
The bill prohibits a manufacturer, distributor, importer, or common entity from implementing or
enforcing sales or service measuring criteria without first making it available and readily
accessible, before implementation and enforcement, a written description to each franchised
dealer in Florida which describes how the performance measurement criteria was designed,
calculated, established, and uniformly applied.
The bill prohibits manufacturers, distributors, importers, or a common entity from engaging in
any action, or implementing any policy, standard, rule, practice, or program, taken as retaliation
against a motor vehicle dealer because the dealer invoked any statutory right created by the
motor vehicle franchise law, asserted that the applicant, licensee or a common entity has acted in
a manner that violates the motor vehicle franchise law, or testified, assisted, or participated in
any manner in an investigation, proceeding, or hearing that may directly affect the manufacturer,
distributor, importer, or common entity.
14 Section 320.67, F.S.
15 Fla. Auto. Dealers Ass'n v. Hyundai Motor Am. Corp., 337 So. 3d 893, 894 (Fla. 1st DCA 2022), reh'g denied (May 3,
2022).
16 Id.
BILL: CS/SB 1820 Page 5
The bill amends s. 320.641, F.S., relating to the discontinuation, cancellation, or nonrenewal of a
motor vehicle franchise agreement to clarify that such action is unfair if it is not based on a
material and substantial breach of the franchise agreement by the motor vehicle dealer.
The bill also revises the burden of proof requirement to specify that the manufacturer, distributor,
or importer has the burden of proof that the discontinuation, cancellation, nonrenewal,
modification, or replacement is fair and not prohibited.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have an indeterminate positive fiscal impact on franchised motor vehicle
dealers in Florida.
C. Government Sector Impact:
None.
BILL: CS/SB 1820 Page 6
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 320.64 and 320.641 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Transportation March 25, 2025:
The committee substitute:
• Removes changes to certain definitions and their applicability.
• Revises the requirements governing when the discontinuation, cancellation, or a
nonrenewal of a dealer franchise agreement is considered unfair.
• Restores the provision authorizing a motor vehicle dealer association to initiate a
complaint against a manufacturer, distributor, or importer.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 CS for SB 1820 Florida Senate - 2025 CS for SB 1820
By the Committee on Transportation; and Senator Leek
596-02860-25 20251820c1 596-02860-25 20251820c1
1 A bill to be entitled 30 shall be liable for claims and remedies provided in ss. 320.695
2 An act relating to motor vehicle manufacturers and 31 and 320.697 for any violation of any of the following
3 franchised motor vehicle dealers; amending s. 320.64, 32 provisions. A licensee is prohibited from committing the
4 F.S.; prohibiting an applicant or a licensee, or a 33 following acts:
5 common entity thereof, from establishing, 34 (42)(a) The applicant or licensee, or a common entity
6 implementing, or enforcing certain criteria for 35 thereof, has established, implemented, or enforced criteria for
7 measuring the sales or service performance of its 36 measuring the sales or service performance of any of its
8 franchised motor vehicle dealers unless certain 37 franchised motor vehicle dealers in this state which have a
9 conditions are met; prohibiting an applicant or a 38 material or adverse effect on any motor vehicle dealer and
10 licensee, or a common entity thereof, from engaging in 39 which:
11 an action that is taken as retaliation against a motor 40 1. Are unfair, unreasonable, arbitrary, or inequitable; or
12 vehicle dealer under certain circumstances; amending 41 2. Do not include all relevant and material local and
13 s. 320.641, F.S.; revising the circumstances in which 42 regional criteria, data, and facts. Relevant and material
14 a discontinuation, cancellation, nonrenewal, 43 criteria, data, or facts include, but are not limited to, those
15 modification, or replacement of a franchise agreement 44 of motor vehicle dealerships of comparable size in comparable
16 is deemed unfair; providing an effective date. 45 markets. If such performance measurement criteria are based, in
17 46 whole or in part, on a survey, such survey must be based on a
18 Be It Enacted by the Legislature of the State of Florida: 47 statistically significant and valid random sample.
19 48 (b) The An applicant or, licensee, or a common entity
20 Section 1. Subsection (42) of section 320.64, Florida 49 thereof, has implemented or enforced criteria for measuring the
21 Statutes, is amended, and subsection (43) is added to that 50 sales or service performance of any of its franchised motor
22 section, to read: 51 vehicle dealers in this state without first making available and
23 320.64 Denial, suspension, or revocation of license; 52 readily accessible, before such implementation or enforcement, a
24 grounds.—A license of a licensee under s. 320.61 may be denied, 53 written description to each such franchised, or an affiliate
25 suspended, or revoked within the entire state or at any specific 54 thereof, which enforces against any motor vehicle dealer any
26 location or locations within the state at which the applicant or 55 such performance measurement criteria shall, upon the request of
27 licensee engages or proposes to engage in business, upon proof 56 the motor vehicle dealer, describe in writing to the motor
28 that the section was violated with sufficient frequency to 57 vehicle dealer in this state which describes, in detail, how the
29 establish a pattern of wrongdoing, and a licensee or applicant 58 performance measurement criteria were designed, calculated,
Page 1 of 4 Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2025 CS for SB 1820 Florida Senate - 2025 CS for SB 1820
596-02860-25 20251820c1 596-02860-25 20251820c1
59 established, and uniformly applied. 88 determination of the issues raised in such petition or complaint
60 (43) The applicant or licensee, or a common entity thereof, 89 by the motor vehicle dealer. A discontinuation, cancellation, or
61 has engaged in an action, or implemented a policy, standard, 90 nonrenewal of a franchise agreement is unfair if it is not
62 rule, practice, or program, taken as retaliation against a motor 91 clearly permitted by the franchise agreement; is not undertaken
63 vehicle dealer because the dealer invoked a statutory right 92 in good faith; is not undertaken for good cause; or is not based
64 created by ss. 320.60-320.70, asserted that the applicant, 93 on a material and substantial an alleged breach of the franchise
65 licensee, or common entity has acted in a manner that violates a 94 agreement by the motor vehicle dealer which is not in fact a
66 provision of ss. 320.60-320.70, or has testified, assisted, or 95 material and substantial breach; or, if the grounds relied upon
67 participated in any manner in an investigation, a proceeding, or 96 for termination, cancellation, or nonrenewal have not been
68 a hearing that may directly affect the applicant, licensee, or 97 applied in a uniform and consistent manner by the licensee. If
69 common entity. 98 the notice of discontinuation, cancellation, or nonrenewal
70 99 relates to an alleged failure of the new motor vehicle dealer’s
71 A motor vehicle dealer who can demonstrate that a violation of, 100 sales or service performance obligations under the franchise
72 or failure to comply with, any of the preceding provisions by an 101 agreement, the new motor vehicle dealer must first be provided
73 applicant or licensee will or may adversely and pecuniarily 102 with at least 180 days to correct the alleged failure before a
74 affect the complaining dealer, shall be entitled to pursue all 103 licensee may send the notice of discontinuation, cancellation,
75 of the remedies, procedures, and rights of recovery available 104 or nonrenewal. A modification or replacement is unfair if it is
76 under ss. 320.695 and 320.697. 105 not clearly permitted by the franchise agreement; is not
77 Section 2. Subsection (3) of section 320.641, Florida 106 undertaken in good faith; or is not undertaken for good cause.
78 Statutes, is amended to read: 107 The applicant or licensee has shall have the burden of proof
79 320.641 Discontinuations, cancellations, nonrenewals, 108 that such discontinuation, cancellation, nonrenewal,
80 modifications, and replacement of franchise agreements.— 109 modification, or replacement action is fair and not prohibited.
81 (3) Any motor vehicle dealer who receives a notice of 110 Section 3. This act shall take effect July 1, 2025.
82 intent to discontinue, cancel, not renew, modify, or replace
83 may, within the 90-day notice period, file a petition or
84 complaint for a determination of whether such action is an
85 unfair or prohibited discontinuation, cancellation, nonrenewal,
86 modification, or replacement. Agreements and certificates of
87 appointment must shall continue in effect until final
Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
urr- APPEARANCE RECORD Wzo
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This form is part of the public record for this meeting. s-oo1 (08/10/2021)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 324
INTRODUCER: Commerce and Tourism Committee, Senators Smith and Arrington
SUBJECT: Construction Disruption Assistance
DATE: March 31, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. ATD
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 324 establishes the Construction Impact Relief Revolving Loan Program (program)
within the Department of Commerce (department). Under the program, the department must
provide low-interest loans of up to $100,000 for operational costs of eligible small businesses
during construction disruptions.
The department must develop a public awareness and marketing campaign to promote the
program and encourage customer support for small businesses adversely impacted by
construction activities.
Applicants must provide certain documentation in order to obtain financial assistance from the
department. Applicants must also consult with the Florida Small Business Development Center
Network to confirm the applicant’s eligibility for the program. The bill prohibits an applicant
from participating in the program if they are eligible for other loan programs.
The department must establish a hotline to provide information about the program to small
business owners.
The department must submit an annual report by November 1 to the Governor and the
Legislature summarizing the program’s performance, including the total number of small
businesses and residents served, total funds disbursed, and program outcomes.
BILL: CS/SB 324 Page 2
The bill requires the department to adopt rules by October 1, 2025, to implement the program.
The bill may have an indeterminate negative fiscal impact on the department. See Section V:
Fiscal Impact Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
Infrastructure Projects
Numerous agencies are the primary funders of infrastructure projects, including, but not limited
to, the following:
• Department of Commerce (department) Construction Projects
o Florida Job Growth Fund - an economic development program designed to
promote public infrastructure and workforce training across the state. The fund is
prohibited from being used for the exclusive benefit of any single company,
corporation, or business entity. Proposals are reviewed by the department and
chosen by the Governor to meet the demand for workforce or infrastructure
needs.1
o Rural Infrastructure Fund - facilitates the planning, preparation, and financing
of infrastructure projects in rural communities, including, but not limited to, roads
and facilities related to stormwater systems.2
• Department of Environmental Protection
o Clean Water State Revolving Fund – provides loans to construct water
pollution control facilities.3
• Department of Transportation
o State Transportation Trust Fund - provides funding for certain transportation
systems and projects throughout the state.4
The Florida 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
network is to serve emerging and established for-profit, privately held businesses that maintain a
place of business in the state.5 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 network’s
designated lead host institution.6
1
Section 288.101, F.S.
2
Section 288.0655, F.S.
3
See s. 403.1835, F.S.
4
Section 206.46(1), F.S.
5
Ch. 2008-149, Laws of Fla., codified as s. 288.001, F.S.
6
America’s SBDC Florida, About Funding, available at https://floridasbdc.org/about/ (last visited March 31, 2025).
BILL: CS/SB 324 Page 3
III. Effect of Proposed Changes:
The bill creates ss. 288.9991-288.9997, F.S., known as the “Construction Disruption Assistance
Act.”
The bill creates s. 288.9995, F.S., to establish the Construction Impact Relief Revolving Loan
Program (program). Under the program, the department must provide low-interest loans of up to
$100,000, with interest not to exceed the federal funds rate at the time the loan is issued, for
operational costs of eligible small businesses during construction disruptions.
The department must also develop a public awareness and marketing campaign, in partnership
with local chambers of commerce and other business organizations, to promote the program and
encourage customer support for small businesses adversely impacted by construction activities.
Marketing campaign efforts must include, but are not limited to:
• Digital advertising campaigns; and
• Signage and outreach.
Applications must be submitted to the department and include documentation of a demonstrable
loss, as well as a plan for utilizing the funds. Proof of demonstrable loss must include, but is not
limited to, the following:
• Documentation of reduction in revenue from the start date of construction activities to the
week before an application is submitted to the department. Such proof may be made by
comparing the applicant’s average weekly or monthly revenue of the year before the
construction activities began and the applicant’s current weekly or monthly revenue.
• Photo or video evidence of the obstruction, which may include, but is not limited to,
restricting parking or primary entry access or blocking visibility of the applicant from all
directions of traffic along the road and sidewalks during each phase of construction.
The applicant must consult with the SBDC to confirm eligibility for the program. The applicant
is prohibited from participating in the program if they are eligible for another loan program.
The bill creates s. 288.9996, F.S., requiring the department to establish a hotline to provide
information about the program to small business owners.
The bill creates s. 288.9997, F.S., requiring the department to submit a report annually by
November 1 to the Governor and Legislature summarizing the performance of the program,
including the total number of small businesses and residents served, total funds disbursed, and
program outcomes.
The bill defines the following terms:
• Construction zone – the immediate area where construction activities directly restrict
physical or visual access to a small business, including partial or complete obstruction of
entryways, parking, or signage visibility.
• Demonstrable loss – a verifiable reduction in revenue, property damage, or increased
operational costs directly attributed to state or local government construction activities.
BILL: CS/SB 324 Page 4
• Eligible small business – a business with 50 or fewer employees whose primary access points
are obstructed by state or local government construction activities directly adjacent to or in
front of the business, as determined by the department.
The bill requires the department to adopt rules by October 1, 2025, to implement the act.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Eligible small businesses that can show a demonstrable loss of revenue due to
construction impacting their establishment may be able to receive financial assistance
from the department.
C. Government Sector Impact:
The bill may have a significant fiscal impact on the department. The department
estimates that an additional 4-5 full-time employees would be needed to administer the
program.
BILL: CS/SB 324 Page 5
The department estimates the bill could cost the department over $25 million for legal
costs such as litigation and defense of rule implementation, in-house counsel review of
applications, ongoing legal advice, and litigation costs for defending department
decisions.7
The bill also requires the department to establish a hotline to provide information about
the program to small business owners, which “would impose a significant financial and
operational burden on the department.”8
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill may create a conflict of interest for the department, which is a primary funder of certain
infrastructure projects. The bill requires the department to distribute grant funding or loans to
businesses impacted by those same infrastructure projects.
VIII. Statutes Affected:
This bill creates sections 288.9991, 288.9992, 288.9993, 288.9994, 288.9995, 288.9996, and
288.9997 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 31, 2025.
The CS:
• Changes the name of the Construction Impact Relief Program to the Construction
Impact Revolving Loan Program (program) and removes the requirement that the
Department of Commerce (department) establish the program through the Florida
Growth Fund.
• Removes the option for the department to provide grants to eligible small businesses
within construction zones.
• Clarifies that the department may provide certain loans with interest not to exceed the
federal funds rate at the time the loan is issued for eligible small business operational
costs.
• Removes the requirement that the department, in concert with local governments,
include local event sponsorships and promotions in the marketing campaign to
promote the program.
7
Department of Commerce analysis for SB 324. On file with Senate Commerce and Tourism Committee.
8
Id.
BILL: CS/SB 324 Page 6
• Requires eligible small business applicants to provide certain documentation to obtain
financial assistance from the department, and to consult with the Florida Small
Business Development Center Network.
• Provides that an applicant is not eligible to participate in the program if the applicant
is eligible for other loan programs.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 324 Bill No. SB 324
Ì615984PÎ615984 Ì615984PÎ615984
LEGISLATIVE ACTION 11 but not limited to, developing guidelines for the award of loans
Senate . House 12 under the program and creating application forms for the
Comm: RCS . 13 program.
04/01/2025 . 14 Section 6. Section 288.9995, Florida Statutes, is created
. 15 to read:
. 16 288.9995 Construction Impact Relief Revolving Loan
. 17 Program.—
18 (1) The Construction Impact Relief Revolving Loan Program
19 is created within the department. The program may be funded by
20 the Legislature. Under the program, the department shall:
21 (a) Provide financial assistance to eligible small
22 businesses within construction zones, including low-interest
23 loans of up to $100,000, with interest not to exceed the federal
24 funds rate at the time the loan is issued, for the operational
25 costs of eligible small businesses during construction
The Committee on Commerce and Tourism (Smith) recommended the 26 disruptions.
following: 27 (b) Develop a public awareness and marketing campaign to
28 promote the program in partnership with local chambers of
1 Senate Amendment (with title amendment) 29 commerce and other business organizations and to encourage
2 30 customer support for small businesses adversely impacted by
3 Delete lines 68 - 104 31 state and local government construction activities. Such
4 and insert: 32 marketing campaign efforts must include, but are not limited to,
5 (5) “Program” means the Construction Impact Relief 33 all of the following:
6 Revolving Loan Program established in s. 288.9995. 34 1. Digital advertising campaigns.
7 Section 5. Section 288.9994, Florida Statutes, is created 35 2. Signage and outreach.
8 to read: 36 (2) An applicant seeking to obtain financial assistance
9 288.9994 Rulemaking authority.—By October 1, 2025, the 37 under paragraph (1)(a) must submit an application to the
10 department shall adopt rules to implement this part, including, 38 department. The application must require documentation of
39 demonstrable loss and a plan for the use of funds. Proof of
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 324 Bill No. SB 324
Ì615984PÎ615984 Ì615984PÎ615984
40 demonstrable loss must include, but is not limited to, all of 69 Legislature to fund the program; requiring the
41 the following: 70 department to provide specified financial assistance
42 (a) Documentation of reduction in revenue from the start 71 to eligible small businesses within construction
43 date of the state or local government construction activities to 72 zones; requiring the department to develop a public
44 the week before an application is submitted to the department. 73 awareness and marketing campaign to promote the
45 Such proof may be made by comparing the applicant’s average 74 program in partnership with specified entities;
46 weekly or monthly revenue of the year before the state or local 75 providing requirements for the campaign; requiring
47 government construction activities began and the applicant’s 76 applicants to submit specified information with their
48 current weekly or monthly revenue. 77 applications; requiring an applicant to consult with
49 (b) Photo or video evidence of the obstruction to the 78 the Florida Small Business Development Center Network
50 applicant due to the construction zone. Such obstruction may 79 to confirm the applicant’s eligibility for the
51 include, but is not limited to, any of the following: 80 program; prohibiting an applicant from participating
52 1. Restricting parking or primary entry access to the 81 in the program under certain circumstances; creating
53 eligible small business. 82 s.
54 2. Blocking visibility of the applicant from all directions
55 of traffic flow along the road and adjoining sidewalks in which
56 the applicant is located, during each phase of construction.
57 (3) An applicant must consult with the Florida Small
58 Business Development Center Network created in s. 288.001 to
59 confirm the applicant’s eligibility for the program. If an
60 applicant is eligible for any other loan program, he or she is
61 not eligible to participate in the program.
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Delete lines 10 - 19
66 and insert:
67 the Construction Impact Relief Revolving Loan Program
68 within the Department of Commerce; authorizing the
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Florida Senate - 2025 SB 324 Florida Senate - 2025 SB 324
By Senator Smith
17-00704A-25 2025324__ 17-00704A-25 2025324__
1 A bill to be entitled 30 consisting of ss. 288.9991-288.9997, Florida Statutes, is
2 An act relating to construction disruption assistance; 31 created and entitled the “Construction Disruption Assistance
3 creating part XIII of ch. 288, F.S., to be entitled 32 Act.”
4 the “Construction Disruption Assistance Act”; creating 33 Section 2. Section 288.9991, Florida Statutes, is created
5 s. 288.9991, F.S.; providing a short title; creating 34 to read:
6 s. 288.9992, F.S.; providing legislative findings and 35 288.9991 Short title.—This part shall be known and may be
7 purpose; creating s. 288.9993, F.S.; defining terms; 36 cited as the “Construction Disruption Assistance Act.”
8 creating s. 288.9994, F.S.; establishing rulemaking 37 Section 3. Section 288.9992, Florida Statutes, is created
9 authority; creating s. 288.9995, F.S.; establishing 38 to read:
10 the Construction Impact Relief Program within the 39 288.9992 Legislative findings; purpose.—The Legislature
11 Department of Commerce pursuant to the Florida Job 40 finds and declares that:
12 Growth Grant Fund; requiring the department to provide 41 (1) Prolonged state and local government construction
13 specified financial assistance to eligible small 42 projects that directly block access to small businesses cause
14 businesses within construction zones; requiring the 43 significant financial and operational hardships that negatively
15 department to develop a public awareness and marketing 44 impact local economies and threaten the livelihoods of business
16 campaign to promote the program in partnership with 45 owners and employees.
17 specified entities; providing requirements for the 46 (2) It is the purpose of this act to establish a program to
18 campaign; requiring applicants to submit specified 47 provide financial relief, promotional support, and loss coverage
19 information with their applications; creating s. 48 to small businesses adversely impacted by state and local
20 288.9996, F.S.; directing the department to establish 49 government construction projects, ensuring their resilience and
21 a hotline to provide information about the program; 50 viability during essential infrastructure improvements.
22 creating s. 288.9997, F.S.; requiring the department 51 Section 4. Section 288.9993, Florida Statutes, is created
23 to submit an annual report by a specified date to the 52 to read:
24 Governor and the Legislature; providing an effective 53 288.9993 Definitions.—As used in this part, the term:
25 date. 54 (1) “Construction zone” means the immediate area where
26 55 construction activities directly restrict physical or visual
27 Be It Enacted by the Legislature of the State of Florida: 56 access to a small business, including partial or complete
28 57 obstruction of entryways, parking, or signage visibility.
29 Section 1. Part XIII of chapter 288, Florida Statutes, 58 (2) “Demonstrable loss” means a verifiable reduction in
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Florida Senate - 2025 SB 324 Florida Senate - 2025 SB 324
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59 revenue, property damage, or increased operational costs 88 2. Low-interest loans of up to $100,000, not to exceed 3
60 directly attributed to state or local government construction 89 percent per year, for the operational costs of eligible small
61 activities. 90 businesses during construction disruptions.
62 (3) “Department” means the Department of Commerce. 91 (b) Develop a public awareness and marketing campaign to
63 (4) “Eligible small business” means a business with 50 or 92 promote the program in partnership with local chambers of
64 fewer employees whose primary access points are obstructed by 93 commerce and other business organizations and to encourage
65 state or local government construction activities directly 94 customer support for small businesses adversely impacted by
66 adjacent to or in front of the business, as determined by the 95 state and local government construction activities. Such
67 department. 96 marketing campaign efforts must include, but are not limited to,
68 (5) “Program” means the Construction Impact Relief Program 97 all of the following:
69 established in s. 288.9995. 98 1. Digital advertising campaigns.
70 Section 5. Section 288.9994, Florida Statutes, is created 99 2. Local event sponsorships and promotions.
71 to read: 100 3. Signage and outreach.
72 288.9994 Rulemaking authority.—By October 1, 2025, the 101 (2) An applicant seeking to obtain financial assistance
73 department shall adopt rules to implement this part, including, 102 under paragraph (1)(a) must submit an application to the
74 but not limited to, the development of guidelines for the award 103 department. The application must require documentation of
75 of grants and loans under the Florida Job Growth Grant Fund 104 demonstrable loss and a plan for the use of funds.
76 established under s. 288.101. 105 Section 7. Section 288.9996, Florida Statutes, is created
77 Section 6. Section 288.9995, Florida Statutes, is created 106 to read:
78 to read: 107 288.9996 Program hotline.—The department is directed to
79 288.9995 Construction Impact Relief Program.— 108 establish a hotline to provide information about the program to
80 (1) The Construction Impact Relief Program is created 109 small business owners.
81 within the department pursuant to the Florida Job Growth Grant 110 Section 8. Section 288.9997, Florida Statutes, is created
82 Fund established under s. 288.101. Under the program, the 111 to read:
83 department shall: 112 288.9997 Annual reporting requirement.—The department
84 (a) Provide financial assistance to eligible small 113 shall, by November 1 of each year, submit an annual report to
85 businesses within construction zones, including: 114 the Governor, the President of the Senate, and the Speaker of
86 1. Grants of up to $25,000 per construction phase for 115 the House of Representatives which summarizes the performance of
87 demonstrable loss. 116 the program, including the total number of small businesses and
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Florida Senate - 2025 SB 324
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117 residents served, the total funds disbursed, and the program
118 outcomes.
119 Section 9. This act shall take effect July 1, 2025.
Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Gommittee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: February 5,2025
I respectfully request that Senate Bill#324, relating to Construction Disruption Assistance, be
placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Carlos Smith
Florida Senate, District l7
File signed originalwith committee office s-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 936
INTRODUCER: Senator Davis
SUBJECT: Statewide Study on Automation and Workforce Impact
DATE: March 28, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 936 requires the Bureau of Workforce Statistics and Economic Research (bureau) at the
Department of Commerce (department) to perform a statewide study on the effects of
automation, robotics, and AI on the state’s workforce. The study must analyze specified
information and impacts and must be conducted every three years so the bureau can update its
policy recommendations.
The bill is effective July 1, 2025.
II. Present Situation:
Automation, Robotics, and AI in the Workforce
Since the Industrial Revolution, the issue of machines replacing humans in the workplace has
become increasingly concerning to the workforce.1 There is increasing evidence that automation
of lower skill occupations has contributed to wage inequality.2 Although the use of robotics is
lower in the U.S. than other countries, the estimates of one study on automation in the workforce
“imply that each additional robot per thousand workers reduces the local employment-to-
population ratio by 0.39 percentage points and wages by about 0.77%.”3 Other researchers
“found that for every robot added per 1,000 workers in the U.S., wages decline by 0.42% and the
1
Sara Brown, MIT, A New Study Measures the Actual Impact of Robots on Jobs. It’s Significant., available at
https://mitsloan.mit.edu/ideas-made-to-matter/a-new-study-measures-actual-impact-robots-jobs-its-significant (last visited
Mar. 28, 2025).
2
Daron Acemoglu and Pascual Restrepo, Robots and Jobs: Evidence from US Labor Markets, 128:6 J. POL. ECON. 2188,
2189, available at https://www.journals.uchicago.edu/toc/jpe/2020/128/6 (last visited Mar. 28, 2025).
3
Id. at 2241.
BILL: SB 936 Page 2
employment-to-population ratio goes down by 0.2 percentage points — to date, this means the
loss of about 400,000 jobs.”4
Regarding Florida specifically, rapid advances in technology may threaten the availability of
jobs. One study “estimates that the Miami metropolitan statistical area (MSA), which includes
Miami-Dade, Broward, and Palm Beach counties, will likely see about 23% of its total
workforce displaced by automation by 2030 — or 761,000 South Florida jobs.”5 Another study
found that “43.4% of jobs across Florida had a high risk of automation in 2023.”6 Further, a
survey by the Florida Chamber Foundation shows that 77% of industry leaders “anticipate
changes in core technologies, workforce generational shifts, or artificial intelligence will disrupt
their business.”7
Meanwhile, proponents of AI argue that it can make businesses work more efficiently by
automating routine operations and letting workers focus on more important tasks.8 Businesses
can use AI to communicate with even more clients and customers than possible with just human
efforts.9 Moreover, some research on laborers who work alongside automation shows that those
workers have higher wages than those workers that do not have the same computer literacy
skills.10
III. Effect of Proposed Changes:
Definitions
The bill defines the term “artificial intelligence” to mean a machine-based learning system that
can, for a given set of human-defined objectives make predictions, recommendations, or
decisions influencing real or virtual environments. An artificial intelligence system uses machine
and human-based inputs to:
• Perceive real and virtual environments.
• Abstract perceptions into models through analysis in an automated manner.
• Model inferences to formulate options for information or action.
Statewide Study on Automation
Under the bill, the bureau must study the economic impact of automation, AI, and robotics on
employment in the state, focusing on job losses and gains due to AI and automation.
4
Brown, supra note 1.
5
Rob Wile, MIAMI HERALD, Nearly 1 million South Florida workers face automation. Here’s who will survive., available at
https://www.miamiherald.com/news/business/article232600937.html (last visited Mar. 28, 2025).
6
Melanie Schmees and John Shannon, Issue Brief: Automation in Southwest Florida, available at
https://www.fgcu.edu/cob/reri/news/reports/issue-brief-automation-in-southwest-florida (last visited Mar. 28, 2025).
7
FLORIDA CHAMBER FOUND., Florida Workforce 2030, available at https://www.flchamber.com/wp-
content/uploads/2020/02/Florida-Workforce-2030-Report_FINAL_web.pdf (last visited Mar. 28, 2025).
8
Tyler Weitzman, FORBES, Understanding The Benefits And Risks Of Using AI In Business, available at
https://www.forbes.com/councils/forbesbusinesscouncil/2023/03/01/understanding-the-benefits-and-risks-of-using-ai-in-
business/ (last visited Mar. 28, 2025).
9
Id.
10
Ashley Nunes, HARV. BUS. REV., Automation Doesn’t Just Create or Destroy Jobs—It Transforms Them, available at
https://hbr.org/2021/11/automation-doesnt-just-create-or-destroy-jobs-it-transforms-them (last visited Mar. 28, 2025).
BILL: SB 936 Page 3
By December 1, 2025, and every three years after that, the bureau must submit a report of its
findings and recommendations to the Governor, the President of the Senate, and the Speaker of
the House of Representatives. The bureau must conduct the study every three years to update its
policy recommendations.
The study must analyze:
• Industries most affected and projected job displacement over the next ten years due to the use
of AI.
• Geographic regions within this state most vulnerable to job loss or displacement.
• Demographics of workers that are most at risk.
• Impact on wages and job quality in key job sectors.
• Economic benefits, including productivity growth and job creation.
• Workforce training programs addressing job loss or displacement.
• Policy recommendations for workforce resilience, including education and retraining
investments.
• The rate and scale of job loss or displacement caused specifically by AI compared to other
forms of automation.
When executing this study, the bureau may consult with:
• Business and industry representatives.
• Academic institutions with labor economics expertise.
• Local economic councils and chambers of commerce.
• Any groups the bureau deems necessary to complete the study.
Effective Date
The bill sets out an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
BILL: SB 936 Page 4
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Indeterminate. The study will marginally increase the workload of the bureau.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates a new, unnumbered section of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 SB 936 Florida Senate - 2025 SB 936
By Senator Davis
5-01344A-25 2025936__ 5-01344A-25 2025936__
1 A bill to be entitled 30 or action.
2 An act relating to a statewide study on automation and 31 (2) The Bureau of Workforce Statistics and Economic
3 workforce impact; defining the term “artificial 32 Research of the Department of Commerce shall study the economic
4 intelligence”; requiring the Bureau of Workforce 33 impact of automation, AI, and robotics on employment in the
5 Statistics and Economic Research of the Department of 34 state, with a specific focus on job losses and gains due to AI
6 Commerce to study the economic impact of automation, 35 and automation.
7 artificial intelligence, and robotics on employment in 36 (3) The study shall analyze:
8 the state; specifying contents of the study; 37 (a) Industries most affected and projected job displacement
9 authorizing the bureau to consult with specified 38 over the next 10 years, particularly due to use of AI.
10 entities to complete the study; requiring the bureau 39 (b) Geographic regions within this state most vulnerable to
11 to submit to the Governor and Legislature a report by 40 job loss or displacement.
12 a specified date; requiring the bureau to conduct the 41 (c) Demographics of workers that are most at risk.
13 study at specified intervals of time; providing an 42 (d) Impact on wages and job quality in key job sectors.
14 effective date. 43 (e) Economic benefits, including productivity growth and
15 44 job creation.
16 Be It Enacted by the Legislature of the State of Florida: 45 (f) Workforce training programs addressing job loss or
17 46 displacement.
18 Section 1. Statewide Study on Automation and Workforce 47 (g) Policy recommendations for workforce resilience,
19 Impact.— 48 including education and retraining investments.
20 (1) As used in this section, the term “artificial 49 (h) The rate and scale of job loss or displacement caused
21 intelligence” or “AI” means a machine-based system that can, for 50 specifically by AI compared to other forms of automation.
22 a given set of human-defined objectives, make predictions, 51 (4) The bureau may consult with:
23 recommendations, or decisions influencing real or virtual 52 (a) Business and industry representatives.
24 environments. An artificial intelligence system uses machine and 53 (b) Academic institutions with labor economics expertise.
25 human-based inputs to: 54 (c) Local economic councils and chambers of commerce.
26 (a) Perceive real and virtual environments. 55 (d) Any groups the bureau deems necessary to complete the
27 (b) Abstract perceptions into models through analysis in an 56 study.
28 automated manner. 57 (5) The bureau must submit to the Governor, the President
29 (c) Model inferences to formulate options for information 58 of the Senate, and the Speaker of the House of Representatives a
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59 report of its findings and recommendations by December 1, 2025,
60 and every 3 years thereafter pursuant to subsection (6).
61 (6) The bureau must conduct the study every 3 years to
62 assess automation’s impact on the workforce and to update its
63 policy recommendations.
64 Section 2. This act shall take effect July 1, 2025.
Page 3 of 3
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The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 6, 2025
I respectfully request that Senate Bill # 936, relating to a Statewide Study on Automation and
Workforce Impact, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Thank you for your time and consideration.
Senator Tracie Davis
Florida Senate, District 5
File signed original with committee office S-020 (03/2004)
File and source
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- 2025-03-31_post-meeting-packet_7856.pdf
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- 17,746,346 bytes
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- be3df8d5736b2dd95178ec113378e7fdca23f269de9c812fcbbaddd754e4f446
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