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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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Cite this document

“Post-Meeting Packet — Commerce and Tourism Committee, Florida Senate (March 31, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-03-31-post-meeting-packet-7856-1ba8607127/, SHA-256 be3df8d5736b2dd95178ec113378e7fdca23f269de9c812fcbbaddd754e4f446.

Full text

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
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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 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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     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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      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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      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.




                                Page 9 of 9
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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

                                  Page 1 of 6                                                                  Page 2 of 6
     CODING: Words stricken are deletions; words underlined are additions.        CODING: Words stricken are deletions; words underlined are additions.
      Florida Senate - 2025                                CS for SB 910            Florida Senate - 2025                                  CS for SB 910




      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

                                 Page 3 of 6                                                                   Page 4 of 6
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2025                                 CS for SB 910           Florida Senate - 2025                                CS for SB 910




       583-02561-25                                              2025910c1           583-02561-25                                             2025910c1
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
                    Meeting Date                                                                                                      Bill Number orTopic
                                                                        Deliver both copies of this form to
Commerce & Tourism                                               Senate professional staff conducting the meeting

                     Committee                                                                                                Amendment Barcode (if applicable)

           AARP - Karen Murillo                                                                        Phone
                                                                                                                850-567-0414
Name


Address 215 S. Monroe St., Ste. 603                                                                    ,n,,",, kmurillo@aarp.org
           Street

           Tallahassee                                FL                           32301
           City                                       State                       Zip




              Speaking:      E     For    lElnsainst          lEl lnformation OR                    waive speakins:   M ln support           Against



                                                               PLEASE CHECK ONE OF THE FOLLOWING:

       I am appearing without
       compensation or sponsorship.
                                                                M     I am a registered lobbyist,
                                                                      representing:
                                                                                                                             I am not a lobbyist,   but received
                                                                                                                             something of value for my appearance
                                                                                                                             (travel, meals, lodging, etc.),
                                                                AARP                                                         sponsored by:




This form is part of the public record for this meeting.                                                                                               s-oo1 (08/1o/2o21)
                                                                              The Florida Senate

    3l M,A z5       Meeting Date
                                                               APPEARANCE RECORD                                                       SR.'q l6
                                                                                                                                            Bill Number orTopic
                                                                            Deliver both copies of this form to
                                                                     Senate professional staff conducting the meeting

                     Committee                                                                                                       Amendment Barcode (if applicable)


Name                                                                                                       Phone        1to - Lo3                   (l
Address     ZZ LJhlleVr,attte A b f                                                                        Email        ; ll ;a,4   +o lar                               rall
           Street

            p ine \^.,
           City
                              r.f                     State
                                                              (-                  za3-7,1
                                                                                      Zip




              Speaking: ffifor             !    Against !            lnformation OR                    WaiveSpeaking:       !   lnSupport !       Against



                                                                   PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                              tam a registered lobbyist,                                I am not a lobbyist, but received
       compensation or sponsorship.
                                                                     [[   representlng:                                             something of value for my appearance
                                                                                                                                    (travel, meals, lodging. etc.),
                                                                          \ele,t,art5 6o d).tt                                      sponsored by:




This form is part of the public record for this meeting                                                                                                   s-oo1 (08/10/2021)
                                                                         The Florida Senate
  3I M&L L5                                                   APPEARANCE RECORD                                            sb ?,0
                                                                                                                                     Bill Number orTopic
                    Meeting Date
                                                                       Deliver both copies of this form to
Con^                                                            Senate professional staff conducting the meeting

                                                                                                                             Amendment Barcode (if applicable)


Name      M);*""T'Rrnr&re                                                                             Phone        2o2qq7 6
Address 'ZOaI                                                                                         Email
           Street                                                                                                                                                6t?-b
            t't)Ast/,ntr"N Dc                         State
                                                                           74ao I
                                                                                 Zip
           City




              Speaking:       f, ro, ! Asainst ! lnformation OR                                   waive Speaking:   !   tn Support    !    Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       I am appearing without
       compensation or sponsorship.
                                                                d    lam a registered lobbyist,
                                                                     representins:
                                                                                       /VfiVA
                                                                                                                            I am not a lobbyist, but received
                                                                                                                            something ofvalue for my appearance
                                                                                                                            (travel, meals, lodging, etc.),
                                                               Nffiervl+L frssqt 4i\ O/                                     sponsored by:

                                                              ro(LVerew R, 6tt6

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,

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     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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      Florida Senate - 2025                        COMMITTEE AMENDMENT            Florida Senate - 2025                         COMMITTEE AMENDMENT
      Bill No. SB 1264                                                            Bill No. SB 1264




                               Ì8805081Î880508                                                            Ì8805081Î880508


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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      Bill No. SB 1264                                                            Bill No. SB 1264




                               Ì8805081Î880508                                                            Ì747702!Î747702


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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     Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                            Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                            Bill No. SB 1264




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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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      Bill No. SB 1264                                                            Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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      Bill No. SB 1264                                                             Bill No. SB 1264




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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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       Florida Senate - 2025                          COMMITTEE AMENDMENT           Florida Senate - 2025                           COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                                  Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                          COMMITTEE AMENDMENT           Florida Senate - 2025                           COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                                  Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                               Ì747702!Î747702                                                                Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                               Ì747702!Î747702                                                                Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT           Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                  Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT           Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                  Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                                Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                                Ì747702!Î747702                                                            Ì747702!Î747702


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




                               Ì747702!Î747702                                                               Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                               Ì747702!Î747702                                                               Ì747702!Î747702


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




                                 Ì747702!Î747702                                                                Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT           Florida Senate - 2025                           COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                 Ì747702!Î747702                                                                Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                                  Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                                  Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                               Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                               Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                          COMMITTEE AMENDMENT           Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                                Ì747702!Î747702                                                              Ì747702!Î747702


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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       Bill No. SB 1264                                                             Bill No. SB 1264




                                Ì747702!Î747702                                                              Ì747702!Î747702


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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       Bill No. SB 1264                                                           Bill No. SB 1264




                                  Ì747702!Î747702                                                          Ì747702!Î747702


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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       Bill No. SB 1264                                                           Bill No. SB 1264




                                  Ì747702!Î747702                                                          Ì747702!Î747702


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




                               Ì747702!Î747702                                                             Ì747702!Î747702


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




                               Ì747702!Î747702                                                             Ì747702!Î747702


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




                                 Ì747702!Î747702                                                               Ì747702!Î747702


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




                                 Ì747702!Î747702                                                               Ì747702!Î747702


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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       Florida Senate - 2025                          COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       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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       Florida Senate - 2025                          COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                               Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                               Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                               Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                               Ì747702!Î747702                                                               Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                               Ì747702!Î747702                                                               Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                Ì747702!Î747702                                                               Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                Ì747702!Î747702                                                               Ì747702!Î747702


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




                               Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                           Bill No. SB 1264




                               Ì747702!Î747702                                                            Ì747702!Î747702


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




                                Ì747702!Î747702                                                               Ì747702!Î747702


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




                                Ì747702!Î747702                                                               Ì747702!Î747702


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




                                Ì747702!Î747702                                                               Ì747702!Î747702


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




                                Ì747702!Î747702                                                               Ì747702!Î747702


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




                                  Ì747702!Î747702                                                              Ì747702!Î747702


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




                                  Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                  Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                  Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                                  Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                            Bill No. SB 1264




                                  Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                             COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                               Bill No. SB 1264




                                   Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                             COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                               Bill No. SB 1264




                                   Ì747702!Î747702                                                            Ì747702!Î747702


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




                               Ì747702!Î747702                                                             Ì747702!Î747702


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




                               Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                Ì747702!Î747702                                                              Ì747702!Î747702


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




                               Ì747702!Î747702                                                                 Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT             Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                               Ì747702!Î747702                                                                 Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                 Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                 Ì747702!Î747702                                                             Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                           Bill No. SB 1264




                                  Ì747702!Î747702                                                           Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                           Bill No. SB 1264




                                  Ì747702!Î747702                                                           Ì747702!Î747702


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




                                 Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                                 Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                  Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                  Ì747702!Î747702                                                            Ì747702!Î747702


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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       Florida Senate - 2025                          COMMITTEE AMENDMENT           Florida Senate - 2025                           COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                               Ì747702!Î747702                                                                Ì747702!Î747702


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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       Florida Senate - 2025                          COMMITTEE AMENDMENT           Florida Senate - 2025                           COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                               Ì747702!Î747702                                                                Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                 Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                            COMMITTEE AMENDMENT          Florida Senate - 2025                            COMMITTEE AMENDMENT
       Bill No. SB 1264                                                              Bill No. SB 1264




                                 Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT            Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                                  Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT            Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                                  Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                         COMMITTEE AMENDMENT
       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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                        COMMITTEE AMENDMENT
       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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       Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                        COMMITTEE AMENDMENT
       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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       Florida Senate - 2025                        COMMITTEE AMENDMENT             Florida Senate - 2025                        COMMITTEE AMENDMENT
       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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       Florida Senate - 2025                        COMMITTEE AMENDMENT             Florida Senate - 2025                        COMMITTEE AMENDMENT
       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,

                               Page 176 of 179                                                              Page 177 of 179
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       Florida Senate - 2025                         COMMITTEE AMENDMENT            Florida Senate - 2025                         COMMITTEE AMENDMENT
       Bill No. SB 1264                                                             Bill No. SB 1264




                               Ì747702!Î747702                                                              Ì747702!Î747702


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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       Florida Senate - 2025                         COMMITTEE AMENDMENT            Florida Senate - 2025                         COMMITTEE AMENDMENT
       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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      Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
      Bill No. SB 1264                                                             Bill No. SB 1264




                              Ì744484@Î744484                                                                 Ì744484@Î744484


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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      Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                          COMMITTEE AMENDMENT
      Bill No. SB 1264                                                             Bill No. SB 1264




                              Ì744484@Î744484                                                                 Ì744484@Î744484


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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      Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                          COMMITTEE AMENDMENT
      Bill No. SB 1264                                                            Bill No. SB 1264




                              Ì744484@Î744484                                                             Ì744484@Î744484


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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      Florida Senate - 2025                         COMMITTEE AMENDMENT           Florida Senate - 2025                          COMMITTEE AMENDMENT
      Bill No. SB 1264                                                            Bill No. SB 1264




                              Ì744484@Î744484                                                             Ì744484@Î744484


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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      Florida Senate - 2025                                        SB 1264         Florida Senate - 2025                                        SB 1264



      By Senator Collins




      14-00731-25                                               20251264__         14-00731-25                                               20251264__
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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      Florida Senate - 2025                                        SB 1264          Florida Senate - 2025                                        SB 1264




      14-00731-25                                               20251264__          14-00731-25                                               20251264__
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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       Florida Senate - 2025                                        SB 1264          Florida Senate - 2025                                        SB 1264




       14-00731-25                                               20251264__          14-00731-25                                               20251264__
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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2025 Agency Bill Analysis


    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

                                                                                                                              4
2025 Agency Bill Analysis


    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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2025 Agency Bill Analysis


                   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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2025 Agency Bill Analysis




    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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2025 Agency Bill Analysis


    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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2025 Agency Bill Analysis


    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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2025 Agency Bill Analysis




                            11
2025 Agency Bill Analysis




    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.



                                                                                                                            13
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
Coywrvuf,L
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            Cissy Proctor                                                                                            850-294-1099
Name                                                                                                      Phone


                                                Blvd, Suite 3-168                                                    cproctor @ lsn partners. com
Address 1400 Village Square                                                                               Email
           Sfreet

            Tallahassee                                 FL                            32312                                                                    Reset Form
           City                                        State                        zip



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thlt 0s many pelons os possible can be heard. lf you hove questions about rcgisteing to lobby pleose see Flo. Stat. Sl 1.045 ond Joint Rule l.2L2g2WJpntfulesAdflfenate.gov)

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            Darryl Register                                                                            Phone
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Name


Address 2A E, Macclenny Ave                                                                            Email
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           Street

            Macclenny                                  FL                          32063
           City                                       State                       zip



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            Tom Lewis                                                                                  Phone
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Address     3559 Timberlane School Road                                                                Emair tom.       lewis@terracon.com
           5trcet

            Tallahassee FL                                                         32312
           City                                       State                       Zip


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W compensation
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                                                                         4^
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            Mayor Sean Lynch                                                                          Phone
                                                                                                                   904 2665031
Name


Address 10 US 90 W.                                                                                   Email        mayor@baldwinfl.com
           StreeI


            Baldwin                                    Florida                    32234
           Ctty                                       Stdte                      zip




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Address       5303 N -9 sto.t ?.-l b                                                                       Email
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            104 W. Jefferson St.                                                                      Email
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Address
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            Tallahassee                                FL                         32301
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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 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.
BILL: CS/SB 1322                                                                                     Page 7

      •   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




                                Ì840450uÎ840450                                                          Ì840450uÎ840450


                               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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     Florida Senate - 2025                            COMMITTEE AMENDMENT        Florida Senate - 2025                         COMMITTEE AMENDMENT
     Bill No. SB 1322                                                            Bill No. SB 1322




                                Ì840450uÎ840450                                                          Ì840450uÎ840450


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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      Florida Senate - 2025                            COMMITTEE AMENDMENT         Florida Senate - 2025                         COMMITTEE AMENDMENT
      Bill No. SB 1322                                                             Bill No. SB 1322




                              Ì840450uÎ840450                                                              Ì840450uÎ840450


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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      Florida Senate - 2025                            COMMITTEE AMENDMENT         Florida Senate - 2025                         COMMITTEE AMENDMENT
      Bill No. SB 1322                                                             Bill No. SB 1322




                              Ì840450uÎ840450                                                              Ì840450uÎ840450


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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      Florida Senate - 2025                           COMMITTEE AMENDMENT          Florida Senate - 2025                           COMMITTEE AMENDMENT
      Bill No. SB 1322                                                             Bill No. SB 1322




                                 Ì840450uÎ840450                                                              Ì840450uÎ840450


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




                              Ì840450uÎ840450                                                             Ì840450uÎ840450


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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      Florida Senate - 2025                                      SB 1322            Florida Senate - 2025                                        SB 1322




      3-01365A-25                                              20251322__           3-01365A-25                                               20251322__
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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       Florida Senate - 2025                                        SB 1322          Florida Senate - 2025                                        SB 1322




       3-01365A-25                                              20251322__           3-01365A-25                                               20251322__
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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       Florida Senate - 2025                                        SB 1322          Florida Senate - 2025                                        SB 1322




       3-01365A-25                                               20251322__          3-01365A-25                                             20251322__
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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       Florida Senate - 2025                                        SB 1322          Florida Senate - 2025                                       SB 1322




       3-01365A-25                                              20251322__           3-01365A-25                                             20251322__
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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       Florida Senate - 2025                                        SB 1322          Florida Senate - 2025                                        SB 1322




       3-01365A-25                                               20251322__          3-01365A-25                                             20251322__
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
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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 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 -?-.
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                    Meeting
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  C.tn                                                        znPf"'
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                     Committee


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Address              o                                                                                 Email
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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.
                                                              Tne Ftomoa Servars
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This form is part of the public record for this meeting.                                                                                       s-001 (10/14l14)
                                                                         The Florida Senate
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This form is part of the public record for this   meeting.                                                                                    S-OO   1 (Ogl1O/2021)
                                         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
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                                                      The Florida Senate
                  BILL ANALYSIS AND FISCAL IMPACT STATEMENT
              (This document is based on the provisions contained in the legislation as of the latest date listed below.)

                  Prepared By: The Professional Staff of the Committee on Commerce and Tourism

BILL:           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




      17-00704A-25                                               2025324__          17-00704A-25                                               2025324__
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




       17-00704A-25                                             2025324__
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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      Florida Senate - 2025                                        SB 936




      5-01344A-25                                                2025936__
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)


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