Meeting Packet — Transportation & Economic Development Budget Subcommittee (February 12, 2026)

Summary

A meeting packet for the Transportation & Economic Development Budget Subcommittee meeting on Thursday, February 12, 2026, at 12:30 PM. The meeting notice lists consideration of CS/HB 741 Department of Commerce, CS/CS/HB 1093 Advanced Air Mobility, CS/HB 1211 Military Affairs and CS/HB 1387 State Economic Development Contracts, plus Fiscal Year 2026-2027 Budget Issues. The packet includes the bill analysis of CS/HB 741 (sponsor Owen), which states that the bill revises provisions related to the acquisition of state lands for buffering a military installation, the Rural Economic Development Initiative, the Florida Small Cities Community Development Block Grant Program, Florida Is For Veterans, Inc., and employment eligibility and verification.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer: Congressional materials
Document type: 2026 02 12 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn
Date: 2026-02-12
Case: 2026 02 12 3284 Transportation Economic Development Budget Subcommittee Meeting Packets Fn Ted 2 12 26

Cite this document

“Meeting Packet — Transportation & Economic Development Budget Subcommittee (February 12, 2026).” Original at www.flhouse.gov, dated 2026-02-12. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-12-2026-02-12-3284-transportation-economic-development-budget-subcommittee-meeting-packets-fn-ted-2-12-26/, SHA-256 a44e6f257302d94674ca53020455076d727e00e840cf4d7597ccfdbec8e3e00d.

Full text

Transportation & Economic
Development Budget Subcommittee
Thursday, February 12, 2026
12:30PM
Mashburn Hall (314 HOB)

Meeting Packet

Daniel Perez Jason Shoaf
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Transportation & Economic Development Budget Subcommittee

Start Date and Time: Thursday, February 12, 2026 12:30 PM

End Date and Time: Thursday, February 12, 2026 02:00 PM

Location: Mashburn Hall (314 HOB)
Duration: 1.50 hrs

Consideration of the following bill(s):

CS/HB 741 Department of Commerce by Housing, Agriculture & Tourism Subcommittee, Owen
CS/CS/HB 1093 Advanced Air Mobility by Ways & Means Committee, Economic Infrastructure Subcommittee,
Spencer, Alvarez, J.
CS/HB 1211 Military Affairs by Intergovernmental Affairs Subcommittee, Albert
CS/HB 1387 State Economic Development Contracts by Housing, Agriculture & Tourism Subcommittee,
Overdorf

Fiscal Year 2026-2027 Budget Issues

NOTICE FINALIZED on 02/10/2026 3:33PM by SKB

02/10/2026 03:33:28PM Leagis ® Page 1 of 1
CS/HB 741
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 741 COMPANION BILL: SB 998 (Yarborough)
TITLE: Department of Commerce LINKED BILLS: None
SPONSOR(S): Owen RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
16 Y, 0 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
The bill addresses various matters related to community, workforce, and economic development and the Florida
Department of Commerce (Department). The bill revises provisions related to:
• The acquisition of state lands for the purpose of buffering a military installation against encroachment;
• The Rural Economic Development Initiative;
• The Florida Small Cities Community Development Block Grant Program;
• Florida Is For Veterans, Inc.; and
• Employment eligibility and verification.

Fiscal or Economic Impact:
The bill appears to have an indeterminate impact on state expenditures. However, the Department of Commerce
should be able to manage these new responsibilities within existing resources. The bill may have an indeterminate,
positive impact on local governments due to reduced administrative processes.

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ANALYSIS
EFFECT OF THE BILL:
Acquisition of State Lands for Military Buffers

The bill exempts from the requirement that certain lands buffering a military installation against encroachment
revert back to the Board of Trustees of the Internal Improvement Fund if the land is not used for its intended
purposes as a buffer for a military installation, even if the specific military mission, use, or function of the land is
modified or changed. (Section 1)

Rural Economic Development Initiative

The bill redefines what qualifies as a “rural community” for purposes of the Rural Economic Development Initiative
(REDI) by: providing that an unincorporated area which has a population of 25,000 or fewer and which meets
three or more economic distress factors may qualify as a rural community for REDI; removing unincorporated
federal enterprise communities and incorporated rural cities with a population of 25,000 or fewer and an
employment base focused on traditional agricultural or resource-based industries, located in a county not defined
as rural, from the definition of a “rural community.” (Section 2)

Community Development Block Grant Program

STORAGE NAME: h0741b.TED
DATE: 2/6/2026
1
CS/HB 741
The bill replaces the Florida Small Cities Community Development Block Grant Program with the Community
Development Block Grant Program (Program). (Sections 3, 4, and 5)

The bill repeals the following program provisions: (Section 3)
• S. 290.0411, F.S., relating to legislative intent and purpose.
• S. 290.042, F.S., relating to definitions.
• S. 290.0455, F.S., relating to the Small Cities Community Development Block Grant Loan Guarantee
Program.
• S. 290.046, F.S., relating to procedures and requirements for grant applications.
• S. 290.047, F.S., relating to grant ceilings and maximum administrative cost percentages, elimination of
population bias, and loans in default.
• S. 290.0475, F.S., relating to circumstances when grant applications are ineligible for funding.
• S. 290.048, F.S., relating to powers of the Department of Commerce (Department) to carry out the purposes
and provisions of the program.

The bill designates the Department as the state agency to receive federal funding from the U.S. Department of
Housing and Urban Development (HUD) and to administer the Program. The bill allows the Department to award
grants under the Program consistent with the purposes and requirements of the Housing and Community
Development Act of 1974, as amended, and applicable federal regulations (Act). The Department may expend
funds received from HUD consistent with the Act. (Section 5)

The bill provides that, if, in any year, the Department receives additional federal funding through HUD for
necessary expenses related to disaster recovery, long-term recovery, and restoration of infrastructure in impacted
and distressed areas arising from the consequences of a federally declared disaster, the Department must
administer such funding in accordance with the federal law authorizing such funding, including any implementing
guidance or regulations adopted by HUD. (Section 5)

The bill provides that, if, in any year, the Department receives additional federal funding through HUD for any
purpose not specifically provided in the bill, the Department must administer such funding in accordance with the
law authorizing such funding, including any implementing guidance or regulations adopted by HUD. (Section 5)

The bill allows the Department to adopt rules to administer the program. (Section 5)

Employment Verification

The bill clarifies and adds procedures for enforcing employment verification and eligibility procedures.

The bill creates the following definitions related to employment verification: (Section 6)
• "Employer" means any person, firm, company, corporation, association, joint stock company, partnership,
organization, or other legal entity, or any agent thereof, which engages one or more individuals to perform
labor or services in this state in exchange for salary, wages, or other remuneration. The term does not
include:
o An occupant or owner of a private residence with respect to an individual hired for casual labor, as
defined in s. 443.036, F.S., which is to be performed entirely within that private residence.
o A person or entity solely with respect to its engagement of an independent contractor, as defined in
federal laws or regulations.
• "Noncompliance" means:
o The failure of an employer to verify a new employee's employment eligibility through the E-Verify
system.
o An employer's failure to timely provide, upon request by a specified government entity, copies of
the documentation the employer relied upon to verify a new employee's employment eligibility.

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CS/HB 741
The bill requires employers to maintain an E-Verify case for each employee which verifies the employee's
employment eligibility. (Section 6)

The bill provides that if an employer fails to provide requested documentation that was relied upon by the
employer for the verification of a new employee’s employment eligibility within 30 days after a request made by
specified government entities, it constitutes noncompliance. Each failure to timely provide the documentation
constitutes a noncompliance event for the application of fines. (Section 6)

If the Department has a reasonable basis to believe that an employer failed to use the E-Verify system to verify the
employment eligibility of employees, then the Department must, before the imposition of a fine or suspension of
licenses, issue an initial notification of noncompliance to the employer. (Section 6)

The bill provides that an employer's failure to provide copies of any documentation relied upon by the employer
for the verification of a new employee's employment eligibility to the specified government entities constitutes a
reasonable basis that an employer failed to use the E-Verify system. The Department must notify the employer that
it must cure the noncompliance within 30 days after the date of the initial notification. The Department, for good
cause shown by the employer, may grant the employer an additional 30 days to cure the noncompliance. If the
employer does not timely cure the noncompliance, the Department shall issue a final determination of
noncompliance to the employer, which is subject to Ch. 120, F.S., the Administrative Procedure Act (APA). If the
employer requests a hearing, the hearing shall be held pursuant to ss. 120.569 and 120.57(1), F.S., except that the
order of an administrative law judge is a final order and reviewable under s. 120.68, F.S. (Section 6)

If the Department determines that an employer failed to use the E-Verify system and the employer failed to cure
the noncompliance, then the Department must impose a fine of $1,000 for each employee who is not verified,
rather than a fine of $1,000 per day until the employer provides the Department with sufficient proof that the
noncompliance was cured after failing to use the E-Verify system three times in a 24-month period. Any
subsequent noncompliance by the employer after the final determination of noncompliance constitutes grounds
for the suspension of all licenses issued by a licensing agency until the noncompliance is cured, subject to the APA.
(Section 6)

The bill provides that to cure noncompliance, the employer must: (Section 6)
• Register with the E-Verify system if the employer is not already registered.
• Use the E-Verify system or the Employment Eligibility Verification form (Form I-9) to properly verify the
employment eligibility of each employee.
• Provide an E-Verify case result for each employee which verifies the employee's employment eligibility.
• Provide an affidavit to the Department, under penalty of perjury, that all instances of noncompliance have
been corrected and that the employer is now in full compliance.

The bill provides that, in addition to any fines, the Department is entitled to recover the reasonable costs of
investigation and prosecution if the employer is found to have violated employment eligibility provisions. The
court determines the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any
written objections to the affidavit. If the assessed costs are not paid within 60 days after assessment, the
Department may contract for the collection of such costs, in which case any fees charged by the collection agent
may be added to the amount recovered from the employer, or the Department may bring a civil action to recover
such costs, in which case the Department is also entitled to recover reasonable attorney fees and court costs
incurred in such action. All recovered costs, including additional amounts recovered for collection efforts, must be
deposited into the State Economic Enhancement and Development Trust Fund. (Section 6)

The bill provides that the Department may not investigate a complaint that is based solely on race, color, or
national origin. (Section 6)

The bill changes the date on which the E-Verify provision expires. The bill provides that the provision expires after
the E-Verify system is no longer provided or maintained by the Federal Government, or when the Federal
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CS/HB 741
Government requires the use of the E-Verify system by all employers in the United States, rather than 60 days after
the E-Verify system is no longer a pilot program, and the Federal Government requires the use of the E-Verify
system by all employers in the United States. (Section 6)

The bill provides a presumption that an employer knowingly employs an unauthorized alien when the employer is
aware of the unauthorized alien's unauthorized status or fails to take reasonable steps to verify the unauthorized
alien's employment eligibility after being made aware of potential violations. (Section 7)

The bill provides that if the Department finds or is notified by a specified government entity that an employer has
knowingly employed an unauthorized alien, then the Department must provide the employer with a written
determination subject to the APA. If the employer requests a hearing, the hearing shall be held pursuant to ss.
120.569 and 120.57(1), F.S., except that the order of an administrative law judge is a final order and reviewable
under s. 120.68, F.S. The bill removes a redundant provision. (Section 7)

When an employer is on probation for a violation of s. 448.09, F.S., the bill requires the employer to submit an
affidavit on or before the last day of each quarter that affirms the employer is not employing any unauthorized
aliens and is in compliance with employment verification laws. The first quarter starts from the issuance date of
the final order. Each subsequent quarter starts 90 days after the previous quarter. The Department may enforce
compliance by filing a petition for enforcement with the circuit court in Leon County, and the venue for all such
actions is in Leon County. (Section 7)

When any violation of s. 448.09, F.S., takes place within 24 months after a previous violation, constituting grounds
for the suspension or revocation of all licenses, the bill requires the Department to provide the employer with a
written determination subject to the APA. The hearing shall be held pursuant to ss. 120.569 and 120.57(1), F.S.,
except that the order of the administrative law judge is a final order and appealable pursuant to s. 120.68, F.S.
(Section 7)

The bill allows the Department to adopt rules necessary to establish procedures for reporting, enforcement,
compliance, noncompliance, license suspension, and the application of fines, as well as any other rules required for
effective enforcement and administration of employment eligibility and employment of unauthorized alien
provisions. (Sections 6 and 7)

The bill makes a conforming change. (Section 8)

The bill provides an effective date of July 1, 2026. (Section 9)

RULEMAKING:
The bill gives rulemaking authority to the Department to administer the Community Development Block Grant
Program and for enforcement of employment verification requirements.

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill does not appear to have an impact on state revenues, and any fiscal impacts on the Department are
expected to be minimal and absorbed within existing resources. While the Department is granted rulemaking and
enforcement authority, these activities align with current responsibilities. Streamlining the Community

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CS/HB 741
Development Block Grant program framework may improve administrative efficiency without increasing overall
costs. 1

LOCAL GOVERNMENT:
According to the Department, the bill reduces administrative processes which may deliver a positive fiscal impact
to local governments. Local governments may experience reduced administrative and consulting expenses due to
fewer procedural requirements. 2

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Commerce

The Department of Commerce (Department) was formed to assist the Governor in 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. The
Department is the state’s chief agency for business recruitment and expansion and economic development. 3 The
Department has the following divisions and offices: 4
• The Division of Economic Development,
• The Division of Community Development,
• The Division of Workforce Services,
• The Division of Finance and Administration,
• The Division of Information Technology,
• The Office of the Secretary, and
• The Office of Economic Accountability and Transparency.

Acquisition of State Lands for Military Buffers

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. 5 The Board of Trustees consists of the Governor, Attorney General,
Chief Financial Officer, and Commissioner of Agriculture. The Board of Trustees may acquire, sell, transfer, and
administer state lands in the manner consistent with Chs. 253 and 259, F.S. 6 The Department of Environmental
Protection, through its Division of State Lands, performs all staff duties and functions related to the acquisition,
administration, and disposition of state lands. 7

“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. 8

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. 9 A conveyance at less than

1 Department of Commerce, Analysis of 2026 House Bill 741, p.6 (Dec. 22, 2025).
2 Id.
3 S. 20.60(4), F.S.
4 S. 20.60(3)(a), F.S.
5 S. 253.001, F.S.
6 S. 253.02(1), F.S.
7 S. 253.002(1), F.S.
8 S. 253.034(2)(c), F.S.
9 S. 253.025(21)(a), F.S.

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CS/HB 741
appraised value must state that the land will revert to the Board of Trustees if it is not used for its intended
purpose as a military installation buffer, or if the military installation closes. 10

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. 11
Today, 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. 12

Specified agencies and organizations 13 are required to designate a high-level staff person to serve as their REDI
representative. Each REDI representative is responsible for ensuring that their agency or organization is informed
about REDI and helps to identify opportunities to accommodate or include rural local governments in their agency
programs.

REDI is required to review and evaluate the impact of statutes and rules on rural communities and work to
minimize any adverse impacts, and undertake outreach and capacity-building efforts. 14 Under the REDI statute, a
rural community is defined as:
• A county with a population of 75,000 or fewer;
• A county with a population of 125,000 or fewer, if the county is contiguous to a county with a population of
75,000 or fewer;
• Any municipality in a county that meets the above criteria; or
• An unincorporated federal enterprise community or an incorporated rural city with a population of 25,000
or fewer, with an employment base focused on traditional agriculture or resource-based industries, located
in a county not defined as rural, and which has at least three or more economic distress factors. 15

Each REDI member agency is required to review financial match requirements for projects in rural areas and
develop a proposal to waive or reduce match requirements, and such proposals must be submitted to REDI. 16 REDI
must call a meeting within 30 days of receipt of such proposals for comment and recommendation. 17 Waivers and
reductions of financial match requirements must be requested by the county or community, and, to the fullest
extent possible, member organizations must expedite the adoption of rules and amendments to incorporate the
reduction in match for rural areas in financial distress. 18 REDI must prepare an annual report as a supplement to
the Department’s annual report, which includes an evaluation of the status of changes to rules, the number of
awards made with waivers, and recommendations for future changes. 19

Based on recommendations of REDI, the Governor may designate up to three rural areas of opportunity (RAOs) by
executive order, 20 which establishes certain local governments as a priority for the Department. The orders also

10 S. 253.025(21)(d), F.S.
11 S. 288.0656(1)(a), F.S.
12 S. 288.0656(3), F.S.
13 The Department of Transportation, Department of Environmental Protection, Department of Agriculture and Consumer

Services, Department of State, Department of Health, Department of Children and Families, Department of Corrections,
Department of Education, Department of Juvenile Justice, Fish and Wildlife Conservation Commission, each water
management district, CareerSource Florida, Inc., VISIT Florida, the Florida Regional Planning Council Association, Agency for
Health Care Administration, and the Institute of Food and Agricultural Sciences (IFAS). See s. 288.0656(6)(a), F.S.
14 S. 288.0656(4), F.S.
15 S. 288.0656(2)(e), F.S.
16 S. 288.06561, F.S.
17 S. 288.06561(3), F.S.
18 S. 288.06561(4), (7), F.S.
19 S. 288.06561(8), F.S.
20 S. 288.0656(7)(a), F.S.

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permit all state agencies and departments to use all available tools and resources, to the extent permitted by law,
to promote the creation and development of projects designated by the RAO that have been recommended by the
department. 21

Community Development Block Grant Program

The Community Development Block Grant (CDBG) program under the U.S. Department of Housing and Urban
Development (HUD) was established under Title I of the Housing and Community Development Act of 1974 (Act) 22
and has funded more than $160 billion in block grants to support eligible program activities. 23

The CDBG program is a long-standing program providing flexible federal funding to states and localities to support
economic development, community development, and infrastructure. As a block grant program, CDBG provides
grantees with some discretion in administering program funds within specific activity categories. Grantees are
required to demonstrate that each grant-funded activity is aligned with one of the following three statutorily
defined national objectives: 24
• Principally benefit low- and moderate-income persons;
• Aid in the prevention or elimination of slums or blight; or
• Meet an urgent need by addressing conditions that pose a serious and immediate threat to the health and
safety of residents.

Approximately 70% of CDBG program funds are distributed to entitlement communities, defined as: 25
• Principal metropolitan cities,
• Other cities with populations of 50,000 or greater, and
• Urban counties with populations of 200,000 or greater (excluding entitlement city populations).

The remaining 30% of funds are allocated to states based on a separate formula allocation process. State CDBG
funds are to be distributed by states to communities that do not qualify for entitlement funds. Before allocations
are made to states and localities, $7 million is statutorily set aside to be distributed among U.S. territories. 26

The CDBG program works to provide decent housing and a suitable living environment by expanding economic
opportunities to the most vulnerable in Florida communities. A need is considered urgent if it poses a serious and
immediate threat to the health or welfare of the community and has arisen in the past 18 months. 27

In Florida, the Department manages four CDBG programs: 28
• Florida Small Cities Community Development Block Grant Program,
• CDBG – Coronavirus Relief Funding,
• Office of Disaster Recovery, and

21 Executive Orders 20-170, 21-149, and 23-132 and 25-141, https://www.flgov.com/eog/sites/default/files/executive-

orders/2024/EO_20-170.pdf, https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-149.pdf,
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO-23-132.pdf, and
https://www.flgov.com/eog/sites/default/files/executive-orders/2025/EO%2025-141.pdf (last visited Jan. 29, 2026)
22 Public Law 93-383.
23 Joseph V. Jaroscak, Community Development Block Grants: Funding and Allocation Processes, Congressional Research Service,

R46733 (Mar. 24, 2021) https://www.congress.gov/crs-
product/R46733?q=%7B%22search%22%3A%22Housing+and+Community+Development+Act+of+1974%22%7D&s=2&r=1
1 (last visited Feb. 2, 2026).
24 Id.
25 Id.
26 Id.
27 Florida Department of Commerce, Community Development Block Grant Program, https://floridajobs.org/community-

planning-and-development/assistance-for-governments-and-organizations/community-development-block-grant-program
(last visited Jan. 29, 2026).
28 Id.

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• Neighborhood Stabilization Program.

Small Cities Community Development Block Grant Program

The Department administers the Small Cities CDBG Program and distributes funds to eligible non-entitlement
communities. To be eligible, a city must have a population under 50,000 or a county must have a population under
200,000. 29 Subgrants are awarded to communities in the following funding categories: economic development,
neighborhood revitalization, housing rehabilitation, commercial revitalization, and any other activity by federal
law. 30

The Department may annually set aside up to 15 percent of CDBG funds for use in eligible local government
jurisdictions for which an emergency or natural disaster has been declared by executive order. 31

The Department is prohibited from awarding a grant until it has conducted a site visit to verify the information
contained in the local government’s application. 32 The Department must rank each grant application and may
prohibit an applicant from receiving the grant or penalize an applicant in the rating of an application if the
Department determines that any applicant has failed to substantially accomplish the results it proposed in
previously funded applications. 33 Additionally, applicants must hold at least two public hearings in the local
jurisdiction where the project is to be completed: one for public input and community needs, and one for
comments on the proposed application, including a published summary. 34

Employment Verification

E-Verify is a web-based system that allows enrolled employers to confirm whether new employees are eligible to
work in the United States. Florida requires the use of the E-Verify system to verify a new employee’s employment
eligibility by: 35
• All public employers.
• Private employers with 25 or more employees.

Each employer in Florida that is required, or who volunteers, to use the E-Verify system, must certify on its first
return each calendar year to the tax service provider that it is in compliance with E-Verify requirements when
making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance
system. 36

The law provides requirements for employers when the system is unavailable, 37 requires employers to retain
documentation of verifications, 38 and prohibits an employer from continuing to knowingly employ an
unauthorized alien. 39

If the E-Verify system is unavailable for the three business days after the first day a new employee begins working
and the employer cannot access the system to verify the employee’s employment eligibility, the employer must use
the Employment Eligibility Verification Form (Form I-9) to verify employment eligibility. The employer must
document the unavailability of the system by retaining: a screenshot each day that shows the employer’s inability

29 Id.
30 S. 290.044(3), F.S.
31 S. 290.044(5), F.S.
32 S. 290.046(2)(d), F.S.
33 S. 290.046(2)(c), F.S.
34 S. 290.046(4), F.S.
35 S. 448.095(2)(a), (b), F.S.
36 S. 448.095(2)(b)3., F.S.
37 S. 448.095(2)(c), F.S.
38 S. 448.095(2)(d), F.S.
39 S. 448.095(2)(e), F.S.

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to access the system; a public announcement that the E-Verify system is not available; or any other communication
or notice regarding the unavailability of the system. 40

The following specified government entities may request, and an employer must provide, copies of any
documentation relied upon by the employer for the verification of a new employee’s employment eligibility: 41
• The Department of Law Enforcement;
• The Attorney General;
• The state attorney in the circuit in which the new employee works;
• The statewide prosecutor; or
• The Department.

These entities must rely on the federal government to verify an employee’s employment eligibility and may not
independently make a final determination as to whether an employee is an unauthorized alien. 42

An employer that uses the E-Verify system or, if that system is unavailable, the Form I-9, with respect to the
employment of an unauthorized alien has established a rebuttable presumption and an affirmative defense that the
employer has not violated the state prohibition on hiring unauthorized aliens, 43 with respect to such
employment. 44

The Department is responsible for the administration of compliance requirements, as follows: 45
• If it determines that an employer failed to use the E-Verify system, the Department is required to:
o Notify the employer of its determination; and
o Provide the employer with 30 days to cure the noncompliance.
• If the Department determines that an employer failed to use the E-Verify system as required three times in
any 24-month period, it must impose a fine of $1,000 per day until the employer provides proof of
compliance.
• Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject
to the Administrative Procedure Act, until the noncompliance is cured.
• Fines must be deposited into the State Economic Enhancement and Development Trust Fund for use by the
Department for employer outreach and public notice of the state’s employment verification laws.

Federal E-Verify Law

To use the E-Verify system, an employer must open a “case” for the employee on the system and enter basic
information from the employee’s Form I-9 (name, address, and Social Security Number) into the case. 46 Then, the
system checks the submitted information to records that are available to the U.S. Department of Homeland Security
(DHS) and the U.S. Social Security Administration (SSA), and issues one of the following possible results to the
employer: 47
• Employment Authorized - The employee’s information matched records available to the DHS and/or SSA.
• E-Verify Needs More Time - This case was referred to the DHS for further verification.

40 S. 448.095(2)(c), F.S.
41 S. 448.095(3)(a), F.S.
42 S. 448.095(3)(b), F.S.
43 S. 448.09, F.S.
44 S. 448.095(4)(a), F.S.
45 S. 448.095(6), F.S.
46 E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-

process (last visited Feb. 2, 2026). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding
that provides the terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of
Understanding for Employers, https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last
visited Feb. 2, 2026).
47 Id.

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• Tentative Non-confirmation (Mismatch) - Information did not match records available to the DHS
and/or SSA. Additional action is required.
• Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but more time is
needed to determine a final case result.
• Close Case and Resubmit – The DHS or SSA requires that the employer close the case and create a new
case for the employee. This result may be issued when the employee’s United States passport, passport
card, or driver’s license information is incorrect.
• Final Non-confirmation - E-Verify cannot confirm the employee’s employment eligibility after the
employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS closed the case
without confirming the employee’s employment eligibility for some other reason.

If the result is Tentative Non-confirmation, then the employer must notify the employee, who must take further
action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in Continuance, then the E-
Verify system needs more time to process the case. 48

E-Verify Defenses for Employers

The Immigration Reform and Control Act (IRCA) provides sanctions to be imposed on employers who knowingly
employ aliens who are not authorized to work. 49 Federal law contains no criminal sanction for working without
authorization, although document fraud is a civil violation. 50 The United States Citizenship and Immigration
Services (USCIS) enforces these provisions. 51

According to the Immigration and Nationality Act (INA), an employer using E-Verify or the Form I-9, establishing
good faith compliance with the law, has established an affirmative defense and a rebuttable presumption that the
person or entity has not violated the federal law with respect to such hiring, recruiting, or referring. 52

The Administrative Procedure Act

The Administrative Procedure Act 53 provides a process for determining when an agency action affects a person’s
substantial interests. 54 The process differs depending on whether the hearing involves a disputed issue of material
fact. 55 If the dispute does not involve a disputed issue of material fact, the agency must:
• Give reasonable notice to all parties of the agency’s action or inaction, including a summary of factual, legal,
and policy grounds for making the decision.
• Give parties or their counsel the option to present the agency or hearing officer evidence in opposition to
the action or inaction or provide a written statement.
• If the objections of the parties are overruled, provide a written explanation within seven days. 56

If a disputed issue of material fact does exist, the issue is assigned to an administrative law judge who conducts a
hearing in which all parties have an opportunity to respond, present evidence and argument on all issues involved,
conduct cross-examination and submit rebuttal evidence, submit proposed findings of facts and orders, and file

48 Id.
49 8 U.S.C. s. 1324a(a)(1)-(2).
50 8 U.S.C. s. 1324c.
51 8 U.S.C. s. 1324a.
52 8 U.S.C. s. 1324a(a)(3) and (b)(6); 8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
53 Ch. 120, F.S.
54 S. 120.569, F.S.
55 S. 120.569(1), F.S.
56 S. 120.57(2)(a), F.S.

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exceptions to the presiding officer's recommended order. 57 A hearing may only occur if the agency determines the
petition contains all required information. 58

Unless waived or extended with the consent of all parties, a final order in the proceeding must be rendered within
90 days:
• After the hearing is concluded, if conducted by the agency;
• After a recommended order is submitted to the agency and mailed to all parties, if the hearing is conducted
by an administrative law judge; or
• After the agency has received the written and oral material it has authorized to be submitted, if there has
been no hearing. 59

The final order must be in writing and include findings of fact, if any, as well as the conclusions of law. 60 A party
who is adversely affected by final agency action is entitled to judicial review. 61

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N, As CS 2/5/2026 Curtin Wright
Subcommittee
THE CHANGES ADOPTED BY THE • Removes the requirement that an unincorporated area must be
COMMITTEE: recommended by the Department and designated by the Governor in
order to qualify for REDI.
• Allows the Department to award grants under the CDBG program
consistent with the Housing and Community Development Act of 1974
(Act), rather than in any manner and in any amount consistent with the
Act.
• Removes the provision prohibiting certain collaborations with Florida
Is For Veterans, Inc.
Transportation & Economic Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee

-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------

57 S. 120.57(1), F.S.
58 S. 120.569(2)(c)-(d), F.S.
59 S. 120.569(2)(l), F.S.
60 Id.
61 S. 120.68, F.S.

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CS/HB 741 2026

1 A bill to be entitled
2 An act relating to the Department of Commerce;
3 amending s. 253.025, F.S.; exempting federal agencies
4 from a requirement that a conveyance at less than
5 appraised value must state that the land will revert
6 to the Board of Trustees of the Internal Improvement
7 Trust Fund if the land is not used for its intended
8 purposes as a military installation buffer or if the
9 military installation closes; amending s. 288.0656,
10 F.S.; revising the definition of the term "rural
11 community"; repealing ss. 290.0401, 290.0411, 290.042,
12 290.0455, 290.046, 290.047, 290.0475, and 290.048,
13 F.S., relating to the Florida Small Cities Community
14 Development Block Grant Program Act, legislative
15 intent and purpose, definitions, the Florida Small
16 Cities Community Development Block Grant Loan
17 Guarantee Program, applications for grants,
18 establishment of grant ceilings and maximum
19 administrative cost percentages and the elimination of
20 population bias, rejection of grant applications and
21 penalties for failure to meet application conditions,
22 and general powers of the department, respectively;
23 amending s. 290.043, F.S.; renaming the "Florida Small
24 Cities Community Development Block Grant Program" as
25 the "Community Development Block Grant Program";

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26 amending s. 290.044, F.S.; revising provisions
27 relating to the Florida Small Cities Community
28 Development Block Grant Program Fund; renaming the
29 fund as the "Community Development Block Grant Program
30 Fund"; providing definitions; designating the
31 department as the state agency to receive federal
32 funding from the United States Department of Housing
33 and Urban Development to administer the program;
34 providing that the department shall administer
35 additional federal funding in accordance with federal
36 law and guidance from the Department of Housing and
37 Urban Development; authorizing the Department of
38 Commerce to adopt rules; amending s. 448.095, F.S.;
39 defining the terms "employer" and "noncompliance";
40 providing that an employer must maintain an E-Verify
41 case for each employee; providing that an employer's
42 failure to provide requested documentation within a
43 specified time period constitutes noncompliance;
44 requiring the department to issue a notification of
45 noncompliance containing specified information;
46 providing that if the employer fails to cure the
47 noncompliance, the department shall issue a final
48 determination of noncompliance; providing requirements
49 for specified hearings for employers under certain
50 circumstances; providing penalties; providing

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51 requirements for an employer to cure specified
52 noncompliance with the E-Verify system; authorizing
53 the department to adopt rules; providing that the
54 department may recover specified costs; requiring such
55 funds to be deposited into the State Economic
56 Enhancement and Development Trust Fund; revising
57 construction and expiration; amending s. 448.09, F.S.;
58 providing that an employer knowingly employs an
59 unauthorized alien if specified conditions are met;
60 requiring the department to provide an employer with a
61 written determination that an employer has knowingly
62 employed an unauthorized alien; providing that if an
63 employer requests a hearing, the administrative law
64 judge's final order is appealable; requiring an
65 employer to report quarterly to the department to
66 demonstrate compliance; authorizing the department to
67 adopt rules; amending s. 163.3184, F.S.; conforming
68 provisions to changes made by the act; providing an
69 effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. Paragraph (e) is added to subsection (21) of
74 section 253.025, Florida Statutes, to read:
75 253.025 Acquisition of state lands.—

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76 (21)
77 (e) Federal agencies, including the United States
78 Department of Defense, are exempt from paragraph (d) if the land
79 continues to serve the general purpose of acting as a buffer for
80 a military installation, even if the specific military mission,
81 use, or function of the land is modified or changed.
82 Section 2. Paragraph (e) of subsection (2) of section
83 288.0656, Florida Statutes, is amended to read:
84 288.0656 Rural Economic Development Initiative.—
85 (2) As used in this section, the term:
86 (e) "Rural community" means:
87 1. A county with a population of 75,000 or fewer.
88 2. A county with a population of 125,000 or fewer which is
89 contiguous to a county with a population of 75,000 or fewer.
90 3. A municipality within a county described in
91 subparagraph 1. or subparagraph 2.
92 4. An unincorporated area that has federal enterprise
93 community or an incorporated rural city with a population of
94 25,000 or fewer and that meets an employment base focused on
95 traditional agricultural or resource-based industries, located
96 in a county not defined as rural, which has at least three or
97 more of the economic distress factors identified in paragraph
98 (c) and verified by the department.
99
100 For purposes of this paragraph, population shall be determined

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101 in accordance with the most recent official estimate pursuant to
102 s. 186.901.
103 Section 3. Sections 290.0401, 290.0411, 290.042, 290.0455,
104 290.046, 290.047, 290.0475, and 290.048, Florida Statutes, are
105 repealed.
106 Section 4. Section 290.043, Florida Statutes, is amended
107 to read:
108 290.043 Florida Small Cities Community Development Block
109 Grant Program; administration.—There is created the Florida
110 Small Cities Community Development Block Grant Program. The
111 department shall administer the program as authorized and
112 described in Title I of the Housing and Community Development
113 Act of 1974, as amended; Pub. L. No. 93-383, as amended by Pub.
114 L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C. ss. 5301 et seq.
115 Section 5. Section 290.044, Florida Statutes, is amended
116 to read:
117 (Substantial rewording of section. See
118 s. 290.044, F.S., for present text.)
119 290.044 Community Development Block Grant Program Fund;
120 administration; distribution.—
121 (1) The Community Development Block Grant Program Fund is
122 created.
123 (2) For the purpose of this section, the term:
124 (a) "Act" means the Housing and Community Development Act
125 of 1974, as amended, and applicable federal regulations.

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126 (b) "Program" means the Community Development Block Grant
127 Program.
128 (3) The department is designated as the state agency to
129 receive federal funding from the Department of Housing and Urban
130 Development and to administer the program. The department may
131 award grants under the program consistent with the purposes and
132 requirements of the act. The department may expend funds
133 received from Department of Housing and Urban Development
134 consistent with the act.
135 (4) If, in any year, the department receives additional
136 federal funding through the Department of Housing and Urban
137 Development for necessary expenses related to disaster recovery,
138 long-term recovery, and restoration of infrastructure in
139 impacted and distressed areas arising from the consequences of a
140 federally declared disaster, the department shall administer
141 such funding in accordance with the federal law authorizing such
142 funding, including any implementing guidance or regulations
143 adopted by the Department of Housing and Urban Development.
144 (5) If, in any year, the department receives additional
145 federal funding through the Department of Housing and Urban
146 Development for any purpose not specifically provided in this
147 section, the department shall administer such funding in
148 accordance with the law authorizing such funding, including any
149 implementing guidance or regulations adopted by the Department
150 of Housing and Urban Development.

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151 (6) The department may adopt rules to administer this
152 section.
153 Section 6. Paragraph (c) and paragraphs (d) through (f) of
154 subsection (1) of section 448.095, Florida Statutes, are
155 redesignated as paragraph (d) and paragraphs (f) through (h),
156 respectively, paragraph (b) of subsection (2), subsection (6),
157 and paragraphs (a) and (c) of subsection (7) are amended, new
158 paragraphs (c) and (e) are added to subsection (1), and
159 paragraph (c) is added to subsection (3) of that section, to
160 read:
161 448.095 Employment eligibility.—
162 (1) DEFINITIONS.—As used in this section, the term:
163 (c) "Employer" means any person, firm, company,
164 corporation, association, joint stock company, partnership,
165 organization, or other legal entity, or any agent thereof, which
166 engages one or more individuals to perform labor or services in
167 this state in exchange for salary, wages, or other remuneration.
168 The term does not include:
169 1. An occupant or owner of a private residence with
170 respect to an individual hired for casual labor, as defined in
171 s. 443.036, which is to be performed entirely within that
172 private residence.
173 2. A person or entity solely with respect to its
174 engagement of an independent contractor, as defined in federal
175 laws or regulations.

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176 (e) "Noncompliance" means:
177 1. The failure of an employer to verify a new employee's
178 employment eligibility through the E-Verify system.
179 2. An employer's failure to timely provide, upon request
180 by an entity or person listed in paragraph (3)(a), copies of the
181 documentation the employer relied upon to verify a new
182 employee's employment eligibility.
183 (2) EMPLOYMENT VERIFICATION.—
184 (b)1. A public agency shall use the E-Verify system to
185 verify a new employee's employment eligibility as required under
186 paragraph (a).
187 2. Beginning on July 1, 2023, a private employer with 25
188 or more employees shall use the E-Verify system to verify a new
189 employee's employment eligibility as required under paragraph
190 (a). The employer must maintain an E-Verify case for each
191 employee which verifies the employee's employment eligibility.
192 3. Each employer required to use the E-Verify system under
193 this paragraph must certify on its first return each calendar
194 year to the tax service provider that it is in compliance with
195 this section when making contributions to or reimbursing the
196 state's unemployment compensation or reemployment assistance
197 system. An employer that voluntarily uses the E-Verify system
198 may also make such a certification on its first return each
199 calendar year in order to document such use.
200 (3) ENFORCEMENT.—

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201 (c) Failure by an employer to provide the requested
202 documentation within 30 days after a request made under
203 paragraph (a) constitutes noncompliance. Each failure to timely
204 provide the documentation constitutes a noncompliance event for
205 the application of fines under paragraph (6)(b).
206 (6) COMPLIANCE.—
207 (a) In addition to the requirements under s. 288.061(6),
208 beginning on July 1, 2024, if the Department of Commerce has a
209 reasonable basis to believe determines that an employer failed
210 to use the E-Verify system to verify the employment eligibility
211 of employees as required under this section, the department
212 must, before the imposition of a fine or suspension of licenses,
213 issue an initial notification of noncompliance to the employer.
214 An employer's failure to provide copies of any documentation
215 relied upon by the employer for the verification of a new
216 employee's employment eligibility to a person or entity listed
217 in paragraph (3)(a) constitutes a reasonable basis that an
218 employer failed to use the E-Verify system. The department must
219 notify the employer that it must cure the noncompliance within
220 30 days after the date of the department's initial notification.
221 The department, for good cause shown by the employer, may grant
222 the employer an additional 30 days to cure the noncompliance. If
223 the employer does not timely cure the noncompliance, the
224 department shall issue a final determination of noncompliance to
225 the employer, which is subject to chapter 120. If the employer

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226 requests a hearing, the hearing shall be held pursuant to ss.
227 120.569 and 120.57(1), except that the order of an
228 administrative law judge is a final order and reviewable under
229 s. 120.68 notify the employer of the department's determination
230 of noncompliance and provide the employer with 30 days to cure
231 the noncompliance.
232 (b) If the Department of Commerce determines that an
233 employer failed to use the E-Verify system as required under
234 this section and the employer failed to cure the noncompliance
235 in accordance with paragraph (a) three times in any 24-month
236 period, the department must impose a fine of $1,000 for each
237 employee not verified pursuant to this section. Any subsequent
238 noncompliance by the employer after the final determination of
239 per day until the employer provides sufficient proof to the
240 department that the noncompliance is cured. noncompliance
241 constitutes grounds for the suspension of all licenses issued by
242 a licensing agency subject to chapter 120 until the
243 noncompliance is cured.
244 (c) To cure noncompliance, the employer must:
245 1. Register with the E-Verify system if the employer is
246 not already registered.
247 2. Use the E-Verify system or the Employment Eligibility
248 Verification form (Form I-9) as provided in paragraph (2)(c) to
249 properly verify the employment eligibility of each employee.
250 3. Provide an E-Verify case result for each employee which

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251 verifies the employee's employment eligibility.
252 4. Provide an affidavit to the Department of Commerce,
253 under penalty of perjury, that all instances of noncompliance
254 have been corrected and that the employer is now in full
255 compliance with this section.
256 (d)(c) Fines collected under this subsection must be
257 deposited into the State Economic Enhancement and Development
258 Trust Fund for use by the department for employer outreach and
259 public notice of the state's employment verification laws.
260 (e) The Department of Commerce may adopt rules necessary
261 to implement this section. The department may establish
262 procedures for reporting, enforcement, compliance,
263 noncompliance, license suspension, and the application of fines,
264 as well as any other rules required for effective enforcement
265 and administration of this section.
266 (f) In addition to any penalties imposed under this
267 section, the Department of Commerce is entitled to recover the
268 reasonable costs of investigation and prosecution if the
269 employer is found to have violated this section. The court shall
270 determine the amount of costs to be assessed after its
271 consideration of an affidavit of itemized costs and any written
272 objections thereto. If the assessed costs are not paid within 60
273 days after assessment, the department may contract for the
274 collection of such costs, in which case any fees charged by the
275 collection agent may be added to the amount recovered from the

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276 employer, or may bring a civil action to recover such costs, in
277 which case the department is also entitled to recover reasonable
278 attorney fees and court costs incurred in such action. All
279 recovered costs, including additional amounts recovered for
280 collection efforts, shall be deposited into the State Economic
281 Enhancement and Development Trust Fund.
282 (7) CONSTRUCTION.—
283 (a) This section must be enforced without regard to race,
284 color, or national origin and must be construed in a manner so
285 as to be fully consistent with any applicable federal laws or
286 regulations. The Department of Commerce may not investigate a
287 complaint that is based solely on race, color, or national
288 origin.
289 (c) This section shall expire 60 days after the E-Verify
290 system is no longer provided or maintained by the Federal
291 Government, or when a pilot program, and the Federal Government
292 requires the use of the E-Verify system by all employers in the
293 United States.
294 Section 7. Section 448.09, Florida Statutes, is amended to
295 read:
296 448.09 Unauthorized aliens; employment prohibited.—
297 (1) It is unlawful for any person to knowingly employ,
298 hire, recruit, or refer, either for herself or himself or on
299 behalf of another, for private or public employment within this
300 state, an alien who is not duly authorized to work by the

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301 immigration laws of the United States, the Attorney General of
302 the United States, or the United States Secretary of the
303 Department of Homeland Security. An employer knowingly employs
304 an unauthorized alien if the employer is aware of the
305 unauthorized alien's unauthorized status or fails to take
306 reasonable steps to verify the unauthorized alien's employment
307 eligibility after being made aware of potential violations.
308 (2) If the Department of Commerce finds or is notified by
309 an entity specified in s. 448.095(3)(a) that an employer has
310 knowingly employed an unauthorized alien, the department must
311 provide the employer with a written determination subject to
312 chapter 120. If the employer requests a hearing, the hearing
313 shall be held pursuant to ss. 120.569 and 120.57(1), except that
314 the order of an administrative law judge is a final order and
315 reviewable under s. 120.68 without verifying the employment
316 eligibility of such person, the department must enter an order
317 pursuant to chapter 120 making such determination and require
318 repayment of any economic development incentive pursuant to s.
319 288.061(6).
320 (3) For a violation of this section, the department shall
321 place the employer on probation for a 1-year period and require
322 that the employer report quarterly to the department to
323 demonstrate compliance with the requirements of subsection (1)
324 and s. 448.095. On or before the last day of each quarter, the
325 employer must submit an affidavit that affirms the employer is

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326 not employing any unauthorized aliens and is in compliance with
327 s. 448.095. The first quarter will commence from the issuance
328 date of the final order. Each subsequent quarter commences 90
329 days after the previous quarter. The department may enforce
330 compliance with this subsection by filing a petition for
331 enforcement with the circuit court in and for Leon County. Venue
332 for all actions under this subsection is in Leon County.
333 (4) Any violation of this section which takes place within
334 24 months after a previous violation constitutes grounds for the
335 suspension or revocation of all licenses issued by a licensing
336 agency subject to chapter 120. The Department of Commerce must
337 provide the employer with a written determination subject to
338 chapter 120. The hearing shall be held pursuant to ss. 120.569
339 and 120.57(1), except that the order of the administrative law
340 judge is a final order and appealable pursuant to s. 120.68. The
341 department shall take the following actions for a violation
342 involving:
343 (a) One to ten unauthorized aliens, suspension of all
344 applicable licenses held by a private employer for up to 30 days
345 by the respective agencies that issued them.
346 (b) Eleven to fifty unauthorized aliens, suspension of all
347 applicable licenses held by a private employer for up to 60 days
348 by the respective agencies that issued them.
349 (c) More than fifty unauthorized aliens, revocation of all
350 applicable licenses held by a private employer by the respective

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351 agencies that issued them.
352 (5) An alien who is not duly authorized to work by the
353 immigration laws of the United States, the Attorney General of
354 the United States, or the United States Secretary of the
355 Department of Homeland Security and who knowingly uses a false
356 identification document or who fraudulently uses an
357 identification document of another person for the purpose of
358 obtaining employment commits a felony of the third degree,
359 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
360 (6) The Department of Commerce may adopt rules to
361 implement this section.
362 Section 8. Paragraph (b) of subsection (8) of section
363 163.3184, Florida Statutes, is amended to read:
364 163.3184 Process for adoption of comprehensive plan or
365 plan amendment.—
366 (8) ADMINISTRATION COMMISSION.—
367 (b) The commission may specify the sanctions provided in
368 subparagraphs 1. and 2. to which the local government will be
369 subject if it elects to make the amendment effective
370 notwithstanding the determination of noncompliance.
371 1. The commission may direct state agencies not to provide
372 funds to increase the capacity of roads, bridges, or water and
373 sewer systems within the boundaries of those local governmental
374 entities which have comprehensive plans or plan elements that
375 are determined not to be in compliance. The commission order may

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376 also specify that the local government is not eligible for
377 grants administered under the following programs:
378 a. The Florida Small Cities Community Development Block
379 Grant Program, as authorized by ss. 290.043-290.044 ss.
380 290.0401-290.048.
381 b. The Florida Recreation Development Assistance Program,
382 as authorized by chapter 375.
383 c. Revenue sharing pursuant to ss. 206.60, 210.20, and
384 218.61 and chapter 212, to the extent not pledged to pay back
385 bonds.
386 2. If the local government is one which is required to
387 include a coastal management element in its comprehensive plan
388 pursuant to s. 163.3177(6)(g), the commission order may also
389 specify that the local government is not eligible for funding
390 pursuant to s. 161.091. The commission order may also specify
391 that the fact that the coastal management element has been
392 determined to be not in compliance shall be a consideration when
393 the department considers permits under s. 161.053 and when the
394 Board of Trustees of the Internal Improvement Trust Fund
395 considers whether to sell, convey any interest in, or lease any
396 sovereignty lands or submerged lands until the element is
397 brought into compliance.
398 3. The sanctions provided by subparagraphs 1. and 2. do
399 not apply to a local government regarding any plan amendment,
400 except for plan amendments that amend plans that have not been

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401 finally determined to be in compliance with this part, and
402 except as provided in this paragraph.
403 Section 9. This act shall take effect July 1, 2026.

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CS/CS/HB 1093
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 1093 COMPANION BILL: CS/SB 1362 (Harrell)
TITLE: Advanced Air Mobility LINKED BILLS: None
SPONSOR(S): Spencer and Alvarez, J. RELATED BILLS: None
Committee References
Economic Infrastructure Ways & Means Transportation & Commerce
14 Y, 1 N, As CS 18 Y, 0 N, As CS Economic Development
  Budget 

SUMMARY
Effect of the Bill:
The bill contains several provisions related to the advanced air mobility industry, including:
• Authorization for the Florida Department of Transportation (FDOT) to provide funding for vertiports;
• Sovereign immunity protections for operators of vertiports collocated with public airports;
• State preemption over specified aspects of vertiport regulation and operations;
• Adoption of a model vertiport siting code by FDOT; and
• Establishment of vertiport demonstration corridors by FDOT.

Fiscal or Economic Impact:
The bill creates new responsibilities and requirements for FDOT, however, the fiscal impact of these provisions is
indeterminate. This bill contains no appropriations, and it is anticipated that any workload or need for increased
expenditures will be absorbed within existing Work Program or other operational resources.

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ANALYSIS
EFFECT OF THE BILL:
The bill provides that it may be cited as the “Advanced Air Mobility Competitiveness and Infrastructure Act.”
(Section 1).

The bill amends Florida law to specifically include vertiports and charging systems as qualifying projects for
funding under public-private partnerships between state and private entities. (Section 2)

The bill authorizes the Florida Department of Transportation (FDOT) to fund all of the project costs of a public or
private vertiport if federal funds are not available. If federal funds are available, FDOT may fund up to 80 percent of
the nonfederal share of the project costs. (Section 4)

The bill classifies the operator of a vertiport collocated with a public airport as an agency or subdivision of the
state for the purposes of sovereign immunity. The bill provides such vertiport operators protection from tort
liability to the same extent as a public airport operator. These provisions expire July 1, 2036, unless reviewed and
saved from repeal by the Legislature. (Section 3)

STORAGE NAME: h1093d.TED
DATE: 2/6/2026
1
CS/CS/HB 1093
The bill directs DOT to adopt a model vertiport siting code. 1 The bill requires FDOT to expeditiously approve
vertiports that adopt this code once it is created. The bill also requires FDOT to establish vertiport demonstration
corridors and adopt rules and regulations for coordination with relevant authorities such as the Federal Aviation
Administration (FAA) and local government entities with respect to vertiports. (Sections 5 and 6)

The bill provides that the regulation of vertiport design, aircraft charging, aeronautical operations, and aviation
safety is preempted to the state to ensure consistency with federal standards authorized by the FAA. Local land use
and zoning authority, and reasonable noise compatibility ordinances, that do not effectively prohibit the operation
of advanced mobility aircraft authorized by the FAA are exempt from this preemption. (Section 6)

The bill provides an effective date of July 1, 2026. (Section 7)

RULEMAKING:
The bill requires FDOT to adopt rules to implement the provisions of the bill that provide liability protections for
vertiport operators. The bill also requires FDOT to adopt rules and regulations for coordination with relevant
authorities such as the Federal Aviation Administration (FAA) and local government entities with respect to
vertiports.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill creates new responsibilities and requirements for FDOT, however, the fiscal impact of these provisions is
indeterminate. The bill authorizes, but does not necessarily require, additional funding within the Work Program
or other existing department operational resources.

The bill authorizes FDOT to fund 100 percent of the project costs of a public or private vertiport. If FDOT elects to
fund vertiport projects it is anticipated these expenditures will be absorbed within available Work Program
revenues.

The bill requires FDOT to create a model vertiport siting code and to expeditiously approve vertiports that adopt
this code once it is created. The bill also requires FDOT to establish vertiport demonstration corridors and adopt
rules and regulations for coordination with relevant authorities such as the Federal Aviation Administration and
local government entities with respect to vertiports. These requirements will likely have an insignificant fiscal
impact on FDOT and would be absorbed within existing operational resources.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Advanced Air Mobility

1 “Vertiport” means an area of land, a body of water, or a structure used or intended to be used for the landing, takeoff, and

surface maneuvering of vertical takeoff and landing aircraft, including electric, hybrid, and hydrogen-powered aircraft. The
term includes associated buildings, facilities, and infrastructure necessary for the safe and efficient operation of such aircraft,
including, but not limited to, electric charging and fueling systems, battery thermal management infrastructure, safety areas,
and passenger terminals. (Section 7)
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Advanced air mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability. 2

Numerous uses for AAM are being explored, including air taxi, air cargo, and public services. Air taxis feature
passenger transportation within and around urban and regional areas, including routes connecting city centers to
airports or to neighboring city centers. Air cargos fature cargo transportation supporting the middle-mile of
logistics, generally seen as from the cargo port to the distribution center. Public service uses, such as search and
rescue, disaster relief, and air ambulance operations are other catalysts for innovation in AAM.

FDOT is currently laying the groundwork to build an intercity AAM “Aerial Highway Network” to connect major
metropolitan areas across Florida. 3 In addition to performing research and development at its SunTrax test facility
to accelerate operational viability, FDOT is developing custom curriculums to establish unique requirements for
licensing to safely operate within the AAM Network. 4

SunTrax, located in Polk County, has been designated as the research and development testing hub of the Florida’s
AAM program. 5 Early development phases of vertiport demonstration will consist of a passenger terminal, at-grade
vertiports, access roads with vehicle staging, eVTOL parking positions and charging station, and a research and
development hangar. 6

eVTOL Aircraft
The term “electric vertical takeoff and landing (eVTOL) aircraft” is not defined in Florida law. However, the term
eVTOL aircraft generally refers to electric-powered aircraft that vertically take off and land. Similar to a helicopter,
eVTOL aircraft hover and fly and are typically designed to carry two to six people, including a pilot. 7

Vertiports
Generally, a vertiport is an area of land, water, or structure used, or intended to be used, to support the landing,
takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and
performance standards established by the FAA can accommodate. 8

For the purposes of applying to the Florida Department of Commerce for funding to develop vertiports, Florida law
currently defines the term “vertiport” as “a system or infrastructure with supporting services and equipment used
for landing, ground handling, and takeoff of manned or unmanned vertical takeoff and landing (VTOL) aircraft.” 9

Florida Airport Development and Assistance Act

The Florida Airport Development and Assistance Act (FADAA) 10 provides FDOT with certain statutory duties
regarding aviation development and assistance. These duties include providing financial and technical assistance
to airports 11 and encouraging the maximum allocation of federal funds to local airport projects. 12

2 Federal Aviation Administration, Advanced Air Mobility: Air Taxis, https://www.faa.gov/air-taxis (last visited Jan. 27, 2026).
3 Florida Department of Transportation, From the Ground to the Skies: Florida’s Aerial Highway Network, November 2025.

Available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/aviation/aam/fdot-2025-advanced-
mobility_strategy.pdf?sfvrsn=19eb551c_1 (last visited Jan. 27, 2026).
4 Id.
5 Central Florida Development Council, SunTrax Named Florida’s Home for Advanced Air Mobility, Positioning Polk as

Statewide Innovation Leader, https://www.cfdc.org/suntrax-named-floridas-home-for-advanced-air-mobility-positioning-
polk-as-statewide-innovation-leader/ (last visited Jan. 23, 2026).
6 SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Jan. 23, 2026).
7 Matthew Urwin, Electricity-powered flying taxis are almost ready for liftoff, December 3, 2024, available at:

https://builtin.com/articles/evtol-aircraft (last visited Jan. 23, 2026).
8 Federal Aviation Administration, Advanced Air Mobility Infrastructure,

https://www.faa.gov/airports/new_entrants/aam_infrastructure (last visited Jan. 27, 2026).
9 S. 288.102(d), F.S.
10 S. 332.003, F.S., through s. 332.007, F.S.

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For purposes of the FADAA, the term “public-use airport” means any publicly owned airport which is used or to be
used for public purposes. 13 Further, the term “eligible agency” means a political subdivision of the state or an
authority which owns or seeks to develop a public-use airport. 14

FDOT’s annual legislative budget request for aviation and airport development projects is based on the funding
required for development projects in its aviation and airport work program. DOT must prioritize funding to
support the planning, design, and construction of proposed projects by local sponsors, with special emphasis on
projects for runways and taxiways, including the painting and marking of runways and taxiways, lighting, other
related airside activities, and airport access transportation facility projects on airport property. 15

FDOT is authorized to fund certain aviation and airport-related projects, subject to certain requirements and limits
on airport funding from the State Transportation Trust Fund (STTF). Requirements can be based on the airport
type, availability of federal funds, project type, and size of the airport. 16

Public-private Partnerships

Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities 17 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects. 18 These agreements enable the collaboration of skills and assets from both public and
private sectors to provide services or facilities for the benefit of the general public.

Responsible public entities (RPEs) 19 may engage in P3 projects aimed at developing an extensive array of public-
use facilities or projects that fulfill a public purpose. Examples of qualifying projects 20 include those for mass
transit, vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such
as courthouses or city halls. RPEs must adhere to specific requirements, including protocols for reviewing and
approving proposals.

Federal Airport Investment Partnership Program

The federal Airport Investment Partnership Program, 21 authorizes private companies to own, manage, lease, and
develop public airports. Public airport sponsors and private operators may jointly manage an airport. The airport

11 S. 332.006(4), F.S.
12 S. 332.006(8), F.S.
13 S. 332.004(14), F.S.
14 S. 332.004(7), F.S.
15 S. 332.007(4)(a), F.S.
16 S. 332.007(7), F.S.
17 “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership,

joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. S. 255.065(1)(g), F.S.
18 S. 255.065(2)(b), F.S.
19 “Responsible public entity” means a county, municipality, school district, special district, or any other political subdivision of

the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or
operate a qualifying project. S. 255.065(1)(j), F.S.
20 “Qualifying project” means a facility or project that serves a public purpose; an improvement, including equipment, of a

building that will be principally used by a public entity or the public at large or that supports a service delivery system in the
public sector; a water, wastewater, or surface water management facility or other related infrastructure; or projects that
involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system,
or projects that involve a facility owned or operated by a municipal electric utility, only those projects that the governing
board designates as qualifying projects. S. 255.065(1)(i), F.S.
21 49 U.S.C. s. 47134, the program was previously known as the Airport Privatization Pilot Program.

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owner or leaseholder may be exempt from repayment of federal grants, return of property acquired with federal
assistance, and the use of proceeds from the airport's sale or lease to be used exclusively for airport purposes. 22

Tort Liability and Negligence

A "tort" is a wrong for which the law provides a remedy. The purpose of tort law is to fairly compensate a person
harmed by another person’s wrongful acts, whether intentional, reckless, or negligent, through a civil action or
other comparable process. A properly-functioning tort system:
• Provides a fair and equitable forum to resolve disputes;
• Appropriately compensates legitimately harmed persons;
• Shifts the loss to responsible parties;
• Provides an incentive to prevent future harm; and
• Deters undesirable behavior. 23

"Negligence" is a legal term for a type of tort action that is unintentionally committed. In a negligence action, the
plaintiff is the party that brings the lawsuit, and the defendant is the party that defends against it. To prevail in a
negligence lawsuit, a plaintiff must demonstrate that the:
• Defendant had a legal duty of care requiring the defendant to conform to a certain standard of conduct for
the protection of others, including the plaintiff, against unreasonable risks;
• Defendant breached his or her duty of care by failing to conform to the required standard;
• Defendant’s breach caused the plaintiff’s injury; and
• Plaintiff suffered actual damage or loss resulting from his or her injury. 24

Sovereign Immunity

Sovereign immunity generally bars lawsuits against the state or its political subdivisions for torts committed by an
officer, employee, or agent of such governments unless the immunity is expressly waived. The Florida Constitution
recognizes that the concept of sovereign immunity applies to the state, although the state may waive its immunity
through an enactment of general law. 25 The Attorney General has previously stated that public airports and “public
instrumentalities”, including research and development authorities, fall into the category of political subdivisions
granted sovereign immunity. 26

Current law partially waives sovereign immunity, allowing individuals to sue state government and its
subdivisions. 27 Individuals may sue the government under circumstances where a private person "would be liable
to the claimant, in accordance with the general laws of [the] state . . . . " Section 768.28(5), F.S., imposes a $200,000
limit on the government's liability to a single person, and a $300,000 total limit on liability for claims arising out of
a single incident.

State Preemption

Local governments have broad authority to legislate on any matter that is not inconsistent with federal or state
law. A local government enactment may be inconsistent with state law if (1) the Legislature "has preempted a

22 Federal Aviation Administration, Airport Investment Partnership Program, formerly Airport Privatization Pilot Program,

https://www.faa.gov/airports/airport_compliance/privatization (last visit Jan. 23, 2026).
23 Am. Jur. 2d Torts s. 2
24 Florida Practice Series s. 1.1; see Barnett v. Dept. of Financial Services, 303 So. 3d 508 (Fla. 2020)
25 Fla. Const. art. X, s. 13.
26 96-69, Fla. Op. Att’y Gen. 1 (1996).
27 S. 768.28, F.S.

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particular subject area" or (2) the local enactment conflicts with a state statute. State preemption precludes a local
government from exercising authority in that particular area. 28

Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred. 29 Express preemption of a field by the Legislature must be
accomplished by clear language stating that intent. 30 In cases where the Legislature expressly or specifically
preempts an area, there is no problem with ascertaining what the Legislature intended. 31 In cases determining the
validity of ordinances enacted in the face of state preemption, the effect has been to find such ordinances null and
void. 32

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 14 Y, 1 N, As CS 1/28/2026 Keating Dallas
Subcommittee
THE CHANGES ADOPTED BY THE • Provided that vertiports that are collocated with a public airport are
COMMITTEE: entitled to sovereign immunity to the same extent as a public airport
operator.
• Provided for future legislative review and repeal of the bill’s liability
immunity provisions.
Ways & Means Committee 18 Y, 0 N, As CS 2/2/2026 Aldridge Kurtz

THE CHANGES ADOPTED BY THE • Removed the language creating a sales tax exemption for specified eVTOL
COMMITTEE: expenses.
Transportation & Economic Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee

28 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),

https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last
visited Jan. 25, 2026).
29 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d

1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
30 Mulligan, 934 So. 2d at 1243.
31 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
32 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).

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

CS/CS/HB 1093 2026

1 A bill to be entitled
2 An act relating to advanced air mobility; providing a
3 short title; amending s. 255.065, F.S.; revising the
4 definition of the term "qualifying project"; creating
5 s. 330.412, F.S.; defining the term "vertiport";
6 providing sovereign immunity for certain vertiport
7 operators; providing for future legislative review and
8 repeal; amending s. 332.007, F.S.; revising the
9 definition of the term "airport infrastructure";
10 authorizing the Department of Transportation to fund
11 up to specified percentages of vertiport project
12 costs; amending s. 332.15, F.S.; providing
13 requirements for the department; creating s. 332.151,
14 F.S.; defining the term "vertiport"; requiring the
15 department to expeditiously approve certain
16 vertiports; preempting the regulation of vertiport
17 design, aeronautical operations, and aviation safety
18 to this state; providing exceptions; preempting the
19 regulation of electric aircraft charging stations and
20 associated infrastructure to this state; prohibiting a
21 local governmental entity from enacting or enforcing
22 certain ordinances and regulations; providing
23 requirements for local governmental entities;
24 providing an effective date.
25

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26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. This act may be cited as the "Advanced Air
29 Mobility Competitiveness and Infrastructure Act."
30 Section 2. Paragraph (i) of subsection (1) of section
31 255.065, Florida Statutes, is amended to read:
32 255.065 Public-private partnerships.—
33 (1) DEFINITIONS.—As used in this section, the term:
34 (i) "Qualifying project" means:
35 1. A facility or project that serves a public purpose,
36 including, but not limited to, any ferry or mass transit
37 facility, vehicle parking facility, airport or seaport facility,
38 rail facility or project, fuel supply facility, oil or gas
39 pipeline, medical or nursing care facility, recreational
40 facility, sporting or cultural facility, or educational facility
41 or other building or facility that is used or will be used by a
42 public educational institution, or any other public facility or
43 infrastructure that is used or will be used by the public at
44 large or in support of an accepted public purpose or activity;
45 2. An improvement, including equipment, of a building that
46 will be principally used by a public entity or the public at
47 large or that supports a service delivery system in the public
48 sector;
49 3. A water, wastewater, or surface water management
50 facility or other related infrastructure; or

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51 4. Notwithstanding any provision of this section, for
52 projects that involve a facility owned or operated by the
53 governing board of a county, district, or municipal hospital or
54 health care system, or projects that involve a facility owned or
55 operated by a municipal electric utility, only those projects
56 that the governing board designates as qualifying projects
57 pursuant to this section; or
58 5. Vertiports and charging systems.
59 Section 3. Section 330.412, Florida Statutes, is created
60 to read:
61 330.412 Limitation of liability for certain public
62 vertiport operators.—
63 (1) For purposes of this section, the term "vertiport" has
64 the same meaning as in s. 332.151(1).
65 (2) For vertiports that are colocated with a public
66 airport, the vertiport operator shall be considered an agency or
67 subdivision of this state for purposes of s. 768.28 and is
68 entitled to sovereign immunity to the same extent as a public
69 airport operator.
70 (3) This section expires July 1, 2036, unless reviewed and
71 saved from repeal through reenactment by the Legislature.
72 Section 4. Paragraph (c) of subsection (2) of section
73 332.007, Florida Statutes, is amended, and paragraph (e) is
74 added to subsection (6) of that section, to read:
75 332.007 Administration and financing of aviation and

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76 airport programs and projects; state plan.—
77 (2)
78 (c) Each commercial service airport as defined in s.
79 332.0075 shall establish and maintain a comprehensive airport
80 infrastructure program to ensure the ongoing preservation of
81 airport infrastructure and facilities in safe and serviceable
82 condition. For purposes of this paragraph, the term "airport
83 infrastructure" means the facilities, systems, and structural
84 components of an airport necessary for the safe and efficient
85 movement of people and goods. The term includes vertiport pads,
86 safety zones, charging systems, grid upgrades, and resilience
87 energy systems. Beginning November 1, 2025, and annually
88 thereafter, each commercial service airport shall provide a
89 certification to the department, in a manner prescribed by the
90 department, that it has established and maintains a
91 comprehensive airport infrastructure program. The comprehensive
92 airport infrastructure program report, and related documents and
93 records, must be open to inspection by the department and
94 maintained by the airport for at least 5 years. The
95 comprehensive airport infrastructure program must, at a minimum,
96 include all of the following:
97 1. Identification of airport infrastructure subject to
98 inspection and the schedule for the completion of such
99 inspections, taking into consideration the age, type, intended
100 use, and criticality of the infrastructure to undisrupted

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101 commercial or cargo operations.
102 2. A preventative maintenance program for routine
103 maintenance of airport infrastructure, for both commercial and
104 cargo operations.
105 3. A plan to complete any necessary repairs to, or
106 rehabilitation or reconstruction of, airport infrastructure,
107 including prioritization and anticipated timeframe for
108 completion of the work.
109 4. A progress report of inspections and their outcomes,
110 preventative maintenance, and previously identified repair to,
111 or rehabilitation or reconstruction of, airport infrastructure.
112 The progress report must include any changes in timeline for
113 completion, changes in cost estimates, and reasons any
114 inspection, preventative maintenance, or repair or
115 rehabilitation did not take place.
116 (6) Subject to the availability of appropriated funds, the
117 department may participate in the capital cost of eligible
118 public-use airport and aviation development projects in
119 accordance with the following rates, unless otherwise provided
120 in the General Appropriations Act or the substantive bill
121 implementing the General Appropriations Act:
122 (e) When federal funds are not available, the department
123 may fund up to 100 percent of the project costs of a public or
124 private vertiport. If federal funds are available, the
125 department may fund up to 80 percent of the nonfederal share of

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126 such project costs.
127 Section 5. Subsection (5) is added to section 332.15,
128 Florida Statutes, to read:
129 332.15 Advanced air mobility.—The Department of
130 Transportation shall:
131 (5) Create a model vertiport siting code, establish
132 vertiport demonstration corridors, and adopt rules and
133 regulations for coordination among the department, the Federal
134 Aviation Administration, and local governmental entities with
135 respect to vertiports.
136 Section 6. Section 332.151, Florida Statutes, is created
137 to read:
138 332.151 Vertiport siting; preemption.—
139 (1) The term "vertiport" means an area of land, a body of
140 water, or a structure used or intended to be used for the
141 landing, takeoff, and surface maneuvering of vertical takeoff
142 and landing aircraft, including electric, hybrid, and hydrogen-
143 powered aircraft. The term includes associated buildings,
144 facilities, and infrastructure necessary for the safe and
145 efficient operation of such aircraft, including, but not limited
146 to, electric charging and fueling systems, battery thermal
147 management infrastructure, safety areas, and passenger
148 terminals.
149 (2) The Department of Transportation shall expeditiously
150 approve vertiports adopting the model vertiport siting code

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151 created pursuant to s. 332.15(5).
152 (3) The regulation of vertiport design, aeronautical
153 operations, and aviation safety is preempted to this state to
154 ensure consistency with federal regulations. This subsection
155 does not apply to local land use and zoning authority, or to
156 reasonable noise compatibility ordinances, provided such local
157 regulations do not effectively prohibit the operation of
158 advanced air mobility aircraft authorized by the Federal
159 Aviation Administration.
160 (4)(a) The regulation of electric aircraft charging
161 stations and associated infrastructure is preempted to this
162 state.
163 (b) A local governmental entity may not enact or enforce
164 an ordinance or regulation related to the design, construction,
165 or installation of electric aircraft charging stations.
166 (c) Local governmental entities shall issue any required
167 building permits for electric aircraft charging stations based
168 solely upon compliance with the standards established by the
169 Department of Transportation under s. 332.15(5).
170 (d) If a local governmental entity does not approve or
171 deny a permit application for an electric aircraft charging
172 station within 15 business days after receipt of a complete
173 application, the application shall be deemed approved.
174 Section 7. This act shall take effect July 1, 2026.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1093 (2026)
Amendment No.1

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

1 Committee/Subcommittee hearing bill: Transportation & Economic
2 Development Budget Subcommittee
3 Representative Spencer offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (i) of subsection (1) of section
8 255.065, Florida Statutes, is amended to read:
9 255.065 Public-private partnerships.—
10 (1) DEFINITIONS.—As used in this section, the term:
11 (i) "Qualifying project" means:
12 1. A facility or project that serves a public purpose,
13 including, but not limited to, any ferry or mass transit
14 facility, vehicle parking facility, airport or seaport facility,
15 rail facility or project, fuel supply facility, oil or gas
16 pipeline, medical or nursing care facility, recreational
658381 - h1093-strikeall-Spencer.docx
Published On: 2/11/2026 5:23:19 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1093 (2026)
Amendment No.1

17 facility, sporting or cultural facility, or educational facility
18 or other building or facility that is used or will be used by a
19 public educational institution, or any other public facility or
20 infrastructure that is used or will be used by the public at
21 large or in support of an accepted public purpose or activity;
22 2. An improvement, including equipment, of a building that
23 will be principally used by a public entity or the public at
24 large or that supports a service delivery system in the public
25 sector;
26 3. A water, wastewater, or surface water management
27 facility or other related infrastructure; or
28 4. Notwithstanding any provision of this section, for
29 projects that involve a facility owned or operated by the
30 governing board of a county, district, or municipal hospital or
31 health care system, or projects that involve a facility owned or
32 operated by a municipal electric utility, only those projects
33 that the governing board designates as qualifying projects
34 pursuant to this section; or
35 5. Vertiports and charging systems.
36 Section 2. Paragraph (c) of subsection (2) of section
37 332.007, Florida Statutes, is amended, and paragraph (e) is
38 added to subsection (6) of that section, to read:
39 332.007 Administration and financing of aviation and
40 airport programs and projects; state plan.—
41 (2)
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1093 (2026)
Amendment No.1

42 (c) Each commercial service airport as defined in s.
43 332.0075 shall establish and maintain a comprehensive airport
44 infrastructure program to ensure the ongoing preservation of
45 airport infrastructure and facilities in safe and serviceable
46 condition. For purposes of this paragraph, the term "airport
47 infrastructure" means the facilities, systems, and structural
48 components of an airport necessary for the safe and efficient
49 movement of people and goods. The term includes vertiport pads,
50 safety zones, charging systems, grid upgrades, and resilience
51 energy systems. Beginning November 1, 2025, and annually
52 thereafter, each commercial service airport shall provide a
53 certification to the department, in a manner prescribed by the
54 department, that it has established and maintains a
55 comprehensive airport infrastructure program. The comprehensive
56 airport infrastructure program report, and related documents and
57 records, must be open to inspection by the department and
58 maintained by the airport for at least 5 years. The
59 comprehensive airport infrastructure program must, at a minimum,
60 include all of the following:
61 1. Identification of airport infrastructure subject to
62 inspection and the schedule for the completion of such
63 inspections, taking into consideration the age, type, intended
64 use, and criticality of the infrastructure to undisrupted
65 commercial or cargo operations.
66 2. A preventative maintenance program for routine
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1093 (2026)
Amendment No.1

67 maintenance of airport infrastructure, for both commercial and
68 cargo operations.
69 3. A plan to complete any necessary repairs to, or
70 rehabilitation or reconstruction of, airport infrastructure,
71 including prioritization and anticipated timeframe for
72 completion of the work.
73 4. A progress report of inspections and their outcomes,
74 preventative maintenance, and previously identified repair to,
75 or rehabilitation or reconstruction of, airport infrastructure.
76 The progress report must include any changes in timeline for
77 completion, changes in cost estimates, and reasons any
78 inspection, preventative maintenance, or repair or
79 rehabilitation did not take place.
80 (6) Subject to the availability of appropriated funds, the
81 department may participate in the capital cost of eligible
82 public-use airport and aviation development projects in
83 accordance with the following rates, unless otherwise provided
84 in the General Appropriations Act or the substantive bill
85 implementing the General Appropriations Act:
86 (e) When federal funds are not available, the department
87 may fund up to 100 percent of the project costs of a public
88 vertiport. If federal funds are available, the department may
89 fund up to 80 percent of the nonfederal share of such project
90 costs.
91 Section 3. This act shall take effect July 1, 2026.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1093 (2026)
Amendment No.1

92
93 -----------------------------------------------------
94 T I T L E A M E N D M E N T
95 Remove everything before the enacting clause and insert:
96 A bill to be entitled
97 An act relating to vertiports; amending s. 255.065,
98 F.S.; revising the definition of the term "qualifying
99 project"; amending s. 332.007, F.S.; revising the
100 definition of the term "airport infrastructure";
101 authorizing the Department of Transportation to fund
102 up to specified percentages of public vertiport
103 project costs; providing an effective date.

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CS/HB 1211
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1211 COMPANION BILL: CS/SB 474 (Wright)
TITLE: Military Affairs LINKED BILLS: None
SPONSOR(S): Albert RELATED BILLS: None
Committee References
Intergovernmental Affairs Transportation & Economic State Affairs
12 Y, 0 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
The bill makes the following changes relating to the Department of Military Affairs (DMA) and military service
generally:
• Revises provisions concerning leaves of absence for military service for state and local government
employees to expand eligibility to include members of the Coast Guard and clarify that 90 consecutive days
of service to qualify for a paid leave of absence must be on a single order.
• Repeals provisions related to the defunct About Face and Forward March programs.
• Revises eligibility for the Soldiers and Airmen Assistance Program and requires an annual external financial
audit and bylaw review.

Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on the state and local governments due to changes in
eligibility for paid leaves of absence.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Leaves of Absence for Military Service
The bill makes the following changes to leaves of absence for military service for state and local government
employees:
• Provides that leave of absence provisions for state and local elected officials from their office includes
service in the Coast Guard.
• Provides that protections of pay and benefits for reserve or National Guard training apply when the
training is ordered under applicable provisions of state law in addition to federal regulations.
• Removes service in the Florida State Guard from definition of “active military service.”
• Narrows the instances for which servicemembers who are also public officials or employees are entitled to
30 days’ pay from their government employment for federal military service to apply only when the
servicemember has federal military service of 90 consecutive days or more on a single order (rather than a
series of shorter orders). (Sections 1, 2, 3, 4, and 5)

Soldiers and Airmen Assistance Program
The bill revises eligibility for the Soldiers and Airmen Assistance Program to include all traditional drilling
guardsmen on state or active duty who do not qualify for assistance programs available to servicemembers
currently serving in the U. S. Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, and their
beneficiaries, who demonstrate valid financial need. The bill defines a “beneficiary” as the current spouse,
STORAGE NAME: h1211b.TED
DATE: 2/6/2026
1
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dependent children, or other designated beneficiaries as determined by the Adjutant General. The bill revises the
process for review and approval of assistance funds to be completed by the Florida National Guard Foundation’s
board of directors. The bill provides that requests for assistance are to be reviewed based on the financial situation
of the applicant, their inability to provide quality of life and other qualifying life-impacting family needs, and any
other consideration as dictated under the bylaws of the Florida National Guard Foundation. (Section 7)

The bill defines a “beneficiary” as the current spouse, dependent children, or other designated beneficiaries as
determined by the Adjutant General. (Section 7)

The bill requires an annual external financial audit to be published on the website of the direct-support
organization (DSO) as well as an annual bylaw review of the program to be given to the Department of Military
Affairs (DMA) and approved by the Adjutant General. (Section 7)

Other Provisions
The bill repeals provisions requiring the Adjutant General to administer the About Face and Forward March
programs. (Section 6)

The bill provides an effective date of July 1, 2026. (Section 9)

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill may have an indeterminate positive fiscal impact on the state generally since employers of
servicemembers who are on active duty for more than 90 consecutive days that are not part of a single order will
no longer be obligated to pay the first 30 days of the absence.

LOCAL GOVERNMENT:
The bill may have an indeterminate positive fiscal impact on local governments since employers of
servicemembers who are on active duty for more than 90 consecutive days that are not part of a single order will
no longer be obligated to pay the first 30 days of the absence.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Department of Military Affairs
The Florida Department of Military Affairs (DMA) is a state agency created to provide management oversight and
administrative support to the Florida National Guard (FLNG) and the Florida Air National Guard. 1 DMA is
responsible for combat readiness and emergency preparedness of the FLNG, responding to disasters and civil
disturbances, drug interdiction operations, and assisting Floridians at risk. 2

Adjutant General
The Adjutant General serves as the director of the DMA. 3 As the commanding officer of the FLNG, the Adjutant
General is responsible for the training and operations of the FLNG. 4 The Adjutant General also serves as

1 Dept. of Military Affairs, The Florida Department of Military Affairs (last visited Feb. 2, 2026).
2 Office of Program Policy Analysis and Government Accountability, Florida Legislature, Government Program Summaries:

Department of Military Affairs (last visited Feb. 2, 2026).
3 S. 250.10(1), F.S.
4 S. 250.10(2)(c)-(d), F.S.

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commanding general of the state’s militia and supervises the receipt, preservation, repair, distribution, issue, and
collection of all arms and military equipment in the state. 5

The Adjutant General is appointed by the Governor, is subject to Senate confirmation, and must be a federally
recognized officer of the FLNG who has served in the FLNG for at least five of the last ten years and attained the
rank of colonel or higher. 6

The Adjutant General is responsible for appointing two Assistant Adjutant Generals for the Army, an Assistant
Adjutant General for Air, and the State Quartermaster. 7 Candidates to become Assistant Adjutant Generals must
have served for at least three years in their respective National Guard branch and attained the rank of colonel or
higher at the time of appointment.

About Face
About Face was an after-school program serving economically disadvantaged youth, ages 13-17, who were still in
school but at risk of dropping out. 8 The program was designed to help students by improving their academic skills,
teaching effective study habits, teaching life coping skills and good citizenship, and providing strong mentor and
role model experiences. Participants’ results were monitored through benchmarks and were incorporated into
program delivery. About Face was funded through the DMA. The program was terminated in 2011 when state
funding was eliminated. 9

Forward March
Forward March was a community service program designed to assist economically disadvantaged out-of-school
youth and adults, ages 17-39, in making a successful transition into the workforce. 10 The program was designed to
help participants by teaching core academics and work readiness skills that facilitate job placement and retention.
Participants’ results were monitored through benchmarks and are incorporated into program delivery. The
program was terminated in 2011 when state funding was eliminated. 11

Soldiers and Airmen Assistance Program
The Soldiers and Airmen Assistance Program (Program) was created in 2010 to provide financial assistance and
services to eligible servicemembers of the FLNG and their families. 12 Servicemembers who part of the FLNG are
eligible if they meet one of the following criteria:
• On active duty serving in the Global War on Terrorism or Overseas Contingency Operation who request
assistance within 120 days after the termination of orders for service and return to their home of record; or
• Are deployed by the federal government and participating in state operations for homeland defense or
request assistance within 120 days after the termination of orders for service and return to their home of
record.

A beneficiary of an eligible guardsman designated on the United States Department of Defense Form 93 and an
individual demonstrating a financial need who is a dependent or family member of a guardsman are also eligible to
receive assistance. 13

5 S. 250.10(2)(a)-(b), F.S.
6 S. 250.10(1), F.S.
7 Ss. 250.10(4)(a)-(b), (5), F.S.
8 Dept. of Military Affairs, Long Range Program Plan FY 2020-2021 through FY 2024-2025, p. 15 (last visited Feb. 2, 2026).
9 Dept. of Military Affairs, Agency Analysis of SB 474, p. 2 (Dec. 4, 2025) (on file with Intergovernmental Affairs

Subcommittee).
10 Dept. of Military Affairs, Long Range Program Plan FY 2020-2021 through FY 2024-2025, p. 15 (last visited Feb. 2, 2026).
11 Dept. of Military Affairs, Agency Analysis of SB 474, p. 2 (Dec. 4, 2025) (on file with Intergovernmental Affairs

Subcommittee).
12 Ch. 2010-98, s. 2, Laws of Fla., codified as s. 250.116, F.S.
13
S. 250.116(4)(b), F.S.
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The Program is funded by the Florida National Guard Foundation, a direct-support organization (DSO). 14 Under the
Program, eligible servicemembers and their beneficiaries may receive assistance with housing, living expenses
necessary to support basic needs, vehicles, health care, and other services. 15

The requests for assistance are reviewed at the local level by an official designated by the Adjutant General. 16 The
DMA may accept assistance from the DSO when reviewing and processing requests but the DMA provides the final
review and approval. Requests for assistance are reviewed and evaluated based on the following criteria:
• The impact of a servicemember’s absence and inability to assist in home and vehicle repairs or meet other
family needs;
• The economic impact of deployment;
• The overall financial situation of the applicant; and
• Other relevant information. 17

Current law requires the DSO to operate under a written contract with the DMA. The written contract must provide
for:
• Annual certification by the department that the DSO is complying with the terms for the contract
and is doing so consistent with the goals and purposes of DMA and in the best interests of the state.
• The reversion of moneys and property held by the DSO if the DSO is no longer approved to operate by DMA,
the DSO ceases to exist, or DMA ceases to exist.
• The disclosure to donors of the material provisions of the contract and the distinction between DMA and
the DSO. 18

The financial committee of the DSO must conduct quarterly reviews of the financial transactions of the Program
and may request the Office of Inspector General to conduct additional reviews. 19 The quarterly reviews are
submitted to the DMA to determine if the DSO is being operated consistent with the purposes of the Soldiers and
Airmen Assistance Fund.

Leaves of Absence for Military Service
Uniformed Services Employment and Reemployment Rights Act
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employment
protections to servicemembers who have to leave employment to perform military service. 20 USERRA areas of
coverage include reemployment rights, freedom from discrimination and retaliation, and continuation of health
insurance coverage. 21 USERRA requires compliance of private and public employers, including state and local
governments. 22

Leaves of Absence for Military Duty for County and State Officials
A county or state official may be granted a leave of absence from office to serve in the volunteer forces of the
United States, in the National Guard of any state, or in the regular federal Army, Navy, Air Force, Marine Corps, or
Space Force when the official is called into active service of the United States during war between the United States
and a foreign government. 23 Upon completing the service, the county or state officer granted such leave must
immediately enter into the duties of his or her office for the remainder of the term for which elected. 24

14 S. 250.115, F.S.
15 S. 250.116(3), F.S.
16 S. 250.116(5)(a), F.S.
17 S. 250.116(5)(b), F.S.
18 S. 250.115(3)(a)-(c), F.S.
19 S. 250.116(6), F.S.
20 38 U.S.C. ch. 43.
21 U.S. Dept. of Labor, Veterans’ Employment and Training Service, Know Your Rights (last visited Feb. 2, 2026).
22 U.S. Dept. of Labor, A Guide to the Uniformed Services Employment and Reemployment Rights Act (last visited Jan. 21, 2026).
23 S. 115.01, F.S.
24 S. 115.06, F.S.

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These provisions interact with the background rule that governs when a vacancy occurs in any office. 25 In pertinent
part, a vacancy occurs upon the officer’s unexplained absence for 60 consecutive days. 26 When an executive branch
officer, other than a Cabinet officer, wants to be absent from the state for 60 consecutive days or more, the officer
must provide written notification to the Governor. 27 However, the officer must return to the state and perform his
or her duties whenever requested by the Governor. Failure to return and perform such duties allows the Governor
to declare the office vacant. 28

The Attorney General, Chief Financial Officer, and the Commissioner of Agriculture may not be absent from the
state for 60 consecutive days or more without the consent of the Governor and a majority of the Cabinet. If a
Cabinet officer violates this prohibition, the office may be deemed vacant. 29

Any official of the state or of a county, municipality, or other political subdivision of the state, including a school
district and a community college, who is a servicemember in the National Guard or a reserve component of the
Armed Forces must be granted a leave of absence from office and duties to perform active military service. 30 The
servicemember will receive full pay from the governmental entity which the official serves for the first 30 days of
the leave of absence if the active federal military service is equal to or greater than 90 consecutive days. 31

Leaves of Absence for Military Service for Public Employees
Every officer or employee of the state, counties, cities, or other political subdivisions of the state who is a member
of the U.S. military reserves or a member of the National Guard and assigned to active or inactive duty is entitled to
a leave of absence while in training ordered pursuant to the U.S. military or naval training regulations. 32 This leave
is available without loss of vacation leave, pay, time, or efficiency rating, for those days during which the officer or
employee is engaged in the training. This type of leave of absence may not exceed 240 working hours (equivalent
of six 40-hour workweeks) in any one annual period. 33

All employees of the state, counties, municipalities, and other political subdivisions of the state must be granted a
leave of absence for active military service with the same rights and privileges granted officers of the governmental
entities. 34 Like the officers, the employees receive full pay for the first 30 days of a leave of absence whenever the
active federal military service is equal to or greater than 90 consecutive days. 35

25 See s. 114.01, F.S.
26 S. 114.01(1)(f), F.S.
27 S. 114.02, F.S.
28 Id.
29 S. 114.03, F.S.
30 S. 115.09, F.S.
31 Id.
32 S. 115.07(1), F.S.
33 S. 115.07(2), F.S.
34 S. 115.14, F.S.
35 Id.

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CS/HB 1211
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IIntergovernmental Affairs 12 Y, 0 N, As CS 2/5/2026 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE • Removed provisions revising eligibility for Senior Management Service
COMMITTEE: Class in the Florida Retirement System.
• Revised financial review requirements for the Soldiers and Airmen
Assistance Fund and requires an annual audit be posted to the Florida
National Guard Foundation’s website.

Transportation & Economic Davis Andeara
Development Budget
Subcommittee
State Affairs Committee

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6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 1211 2026

1 A bill to be entitled
2 An act relating to military affairs; amending s.
3 115.01, F.S.; revising the authorization to be granted
4 a leave of absence for military service to include the
5 Coast Guard; removing the condition that such service
6 be during war between the United States and a foreign
7 government; amending s. 115.07, F.S.; clarifying a
8 provision relating to leaves of absence for all
9 officers and employees of the state and the counties,
10 municipalities, and political subdivisions of the
11 state for reserve or guard training; amending s.
12 115.08, F.S.; revising the definition of the term
13 "active military service"; amending s. 115.09, F.S.;
14 specifying that an authorization for a leave of
15 absence for public officials to perform active
16 military service for a specified timeframe is based on
17 a single order; amending s. 115.14, F.S.; specifying
18 that an authorization for a leave of absence for all
19 employees of the state and the counties,
20 municipalities, and political subdivisions of the
21 state to perform active military service for a
22 specified timeframe is based on a single order;
23 amending s. 250.10, F.S.; removing a requirement that
24 the Adjutant General administer youth About Face
25 Programs and adult Forward March programs; removing

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26 provisions governing the programs; amending s.
27 250.116, F.S.; revising eligibility for the Soldiers
28 and Airmen Assistance Program to include traditional
29 drilling guardsmen on state active duty or on Title 32
30 United States Code duty and their eligible
31 beneficiaries demonstrating valid financial need;
32 defining the term "beneficiary"; requiring requests
33 for assistance to be reviewed, processed, and approved
34 by the Florida National Guard Foundation's board of
35 directors; requiring requests for assistance to be
36 reviewed and evaluated based on specified criteria;
37 requiring an annual external audit of the program;
38 requiring the board to annually review the bylaws that
39 govern the program; requiring the board to provide a
40 report to the Department of Military Affairs to be
41 approved by the Adjutant General; reenacting s.
42 115.06, F.S., relating to reassumption of duties for
43 officers returning from the service of the United
44 States, to incorporate the amendment made to s.
45 115.01, F.S., in a reference thereto; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 115.01, Florida Statutes, is amended to

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51 read:
52 115.01 Leave of absence for military service.—Any county
53 or state official of the state, subject to the provisions and
54 conditions hereinafter set forth, may be granted leave of
55 absence from his or her office, to serve in the volunteer forces
56 of the United States, or in the National Guard of any state, or
57 in the regular Army, Navy, Air Force, Marine Corps, Coast Guard,
58 or Space Force of the United States, when the same shall be
59 called into active service of the United States during war
60 between the United States and a foreign government.
61 Section 2. Subsection (1) of section 115.07, Florida
62 Statutes, is amended to read:
63 115.07 Officers and employees' leaves of absence for
64 reserve or guard training.—
65 (1) All officers or employees of the state, of the several
66 counties of the state, and of the municipalities or political
67 subdivisions of the state who are commissioned reserve officers
68 or reserve enlisted personnel in the United States military or
69 naval service or members of the National Guard are entitled to
70 leaves of absence from their respective duties, without loss of
71 vacation leave, pay, time, or efficiency rating, on all days
72 during which they are engaged in training ordered under the
73 provisions of the United States military or naval training
74 regulations or applicable general law for such personnel when
75 assigned to active or inactive duty.

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76 Section 3. Subsection (1) of section 115.08, Florida
77 Statutes, is amended to read:
78 115.08 Definitions.—
79 (1) The term "active military service" as used in this
80 chapter means shall signify active duty in the Florida defense
81 force or federal service in training or on active duty with any
82 branch of the Armed Forces or Reservists of the Armed Forces,
83 the Florida National Guard, the Coast Guard of the United
84 States, and service of all officers of the United States Public
85 Health Service detailed by proper authority for duty with the
86 Armed Forces, and includes shall include the period during which
87 a person in military service is absent from duty on account of
88 sickness, wounds, leave, or other lawful cause.
89 Section 4. Section 115.09, Florida Statutes, is amended to
90 read:
91 115.09 Leave to public officials for military service.—All
92 officials of the state, the several counties of the state, and
93 the municipalities or political subdivisions of the state,
94 including district school and Florida community College System
95 officers, which officials are also servicemembers in the
96 National Guard or a reserve component of the Armed Forces of the
97 United States, must be granted leave of absence from their
98 respective offices and duties to perform active military
99 service, with the first 30 days of any such leave of absence to
100 be with full pay for active federal military service that is

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101 equal to or greater than 90 consecutive days on a single order.
102 Section 5. Section 115.14, Florida Statutes, is amended to
103 read:
104 115.14 Employees.—All employees of the state, the several
105 counties of the state, and the municipalities or political
106 subdivisions of the state must be granted leave of absence under
107 the terms of this law; upon such leave of absence being granted,
108 such employee must enjoy the same rights and privileges as are
109 granted to officials under this law, including, without
110 limitation, receiving full pay for the first 30 days for federal
111 military service that is equal to or greater than 90 consecutive
112 days on a single order. Notwithstanding s. 115.09, the employing
113 authority may supplement the military pay of its officials and
114 employees who are reservists called to active military service
115 after the first 30 days in an amount necessary to bring their
116 total salary, inclusive of their base military pay, to the level
117 earned at the time they were called to active military duty. The
118 employing authority shall continue to provide all health
119 insurance and other existing benefits to such officials and
120 employees as required by the Uniformed Services Employment and
121 Reemployment Rights Act, chapter 43 of Title 38 U.S.C.
122 Section 6. Paragraph (m) of subsection (2) of section
123 250.10, Florida Statutes, is amended to read:
124 250.10 Appointment and duties of the Adjutant General.—
125 (2) The Adjutant General shall:

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126 (m) Subject to annual appropriations, administer youth
127 About Face programs and adult Forward March programs at sites to
128 be selected by the Adjutant General. Both programs must provide
129 schoolwork assistance, focusing on the skills needed to master
130 basic high school competencies and functional life skills,
131 including teaching students to work effectively in groups;
132 providing basic instruction in computer skills; teaching basic
133 problem-solving, decisionmaking, and reasoning skills; teaching
134 how the business world and free enterprise work through computer
135 simulations; and teaching home finance and budgeting and other
136 daily living skills.
137 1. About Face is a summer and year-round after-school
138 life-preparation program for economically disadvantaged and at-
139 risk youths from 13 through 17 years of age. The program must
140 provide training in academic study skills, and the basic skills
141 that businesses require for employment consideration.
142 2. Forward March is a job-readiness program for
143 economically disadvantaged participants who are directed to
144 Forward March by the local workforce development boards. The
145 Forward March program shall provide training on topics that
146 directly relate to the skills required for real-world success.
147 The program shall emphasize functional life skills, computer
148 literacy, interpersonal relationships, critical-thinking skills,
149 business skills, preemployment and work maturity skills, job-
150 search skills, exploring careers activities, how to be a

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151 successful and effective employee, and some job-specific skills.
152 The program also shall provide extensive opportunities for
153 participants to practice generic job skills in a supervised work
154 setting. Upon completion of the program, Forward March shall
155 return participants to the local workforce development boards
156 for placement in a job placement pool.
157 Section 7. Subsections (4), (5), and (6) of section
158 250.116, Florida Statutes, are amended, and subsection (7) is
159 added to that section, to read:
160 250.116 Soldiers and Airmen Assistance Program.—
161 (4) ELIGIBILITY.—Persons eligible for assistance from the
162 program include:
163 (a) Servicemembers who are members of the Florida National
164 Guard who are:
165 1. traditional drilling guardsmen on state active duty or
166 on Title 32 United States Code duty, who otherwise do not
167 qualify for the assistance programs available to servicemembers
168 serving under Title 10 United States Code, and who demonstrate
169 valid financial need, and their eligible beneficiaries, are
170 authorized to apply for and receive financial assistance from
171 the program, as administered by the Florida National Guard
172 Foundation's board of directors and its governing bylaws,
173 contingent upon the availability of funds serving in the Global
174 War on Terrorism or Overseas Contingency Operation or who
175 request assistance within 120 days after the termination of

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176 orders for such service and return to their home of record.
177 2. Deployed by the Federal Government and participating in
178 state operations for homeland defense or request assistance
179 within 120 days after the termination of orders for such service
180 and return to their home of record.
181 (b)1. As used in this subsection, the term "beneficiary"
182 means the current spouse, dependent children, or other
183 designated beneficiaries as determined by the Adjutant General
184 Beneficiaries of an eligible servicemember designated on United
185 States Department of Defense Form 93.
186 2. Individuals demonstrating a financial need for
187 authorized assistance who are dependents or family members of an
188 eligible servicemember.
189 (5) REQUESTS FOR ASSISTANCE; REVIEW; AWARDS.—
190 (a) A request for assistance must shall be reviewed, and
191 processed, and approved by the Florida National Guard
192 Foundation's board of directors at the local level by an
193 official designated by the Adjutant General. During the initial
194 review and processing of the request, the Department of Military
195 Affairs may accept assistance from the direct-support
196 organization. Final review and approval of requests for
197 assistance shall be made by the Department of Military Affairs.
198 (b) Requests for assistance must shall be reviewed and
199 evaluated based on the following criteria:
200 1. The impact of a servicemember's financial situation

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201 absence and inability to provide quality of life and other
202 qualifying life-impacting assist in home and vehicle repairs or
203 meet other family needs;
204 2. The economic impact of deployment;
205 3. The overall financial situation of the applicant;
206 2.4. The assistance authorized under the program; and
207 3.5. Any other consideration dictated in the bylaws of the
208 Florida National Guard Foundation Other relevant information.
209 (6) QUARTERLY FINANCIAL REVIEW.—The financial committee of
210 the board of directors of the direct-support organization shall
211 review financial transactions of the program each quarter. The
212 board of directors must also ensure an annual external audit is
213 completed and published on the publicly available website of the
214 direct-support organization. This audit must review shall be
215 provided to the Department of Military Affairs in order to
216 determine whether the direct-support organization is being
217 operated in a manner that is consistent with the purposes of the
218 Soldiers and Airmen Assistance Fund, and in the best interests
219 of the department. The financial committee may request the
220 Office of Inspector General to conduct additional reviews.
221 (7) ANNUAL BYLAW REVIEW.—The Florida National Guard
222 Foundation's board of directors shall annually review the bylaws
223 that govern the program. This review shall be provided in a
224 report to the Department of Military Affairs and subject to
225 approval by the Adjutant General.

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226 Section 8. For the purpose of incorporating the amendment
227 made by this act to section 115.01, Florida Statutes, in a
228 reference thereto, section 115.06, Florida Statutes, is
229 reenacted to read:
230 115.06 Reassumption of duties.—Upon being mustered out of
231 the service of the United States, such officer granted leave
232 under s. 115.01 shall immediately enter into the duties of his
233 or her office for the remainder of the term for which he or she
234 was elected.
235 Section 9. This act shall take effect July 1, 2026.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1211 (2026)
Amendment No.1

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

1 Committee/Subcommittee hearing bill: Transportation & Economic
2 Development Budget Subcommittee
3 Representative Albert offered the following:
4
5 Amendment (with title amendment)
6 Between lines 121 and 122, insert:
7 Section 6. Paragraph (g) of subsection (1) of section
8 121.055, Florida Statutes, is amended to read:
9 121.055 Senior Management Service Class.—There is hereby
10 established a separate class of membership within the Florida
11 Retirement System to be known as the "Senior Management Service
12 Class," which shall become effective February 1, 1987.
13 (1)
14 (g) Effective July 1, 1996, participation in the Senior
15 Management Service Class shall be compulsory for any member of
16 the Florida Retirement System employed with the Department of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1211 (2026)
Amendment No.1

17 Military Affairs in the uniformed positions of the Adjutant
18 General, Assistant Adjutant General-Army, Assistant Adjutant
19 General-Air, State Quartermaster, Director of Human Resources,
20 Director of Legislative Affairs, Inspector General, Executive
21 Officer, and additional directors as designated by the agency
22 head, not to exceed two Special Projects Officers of the Florida
23 National Guard a total of 10 positions. In lieu of participation
24 in the Senior Management Service Class, such members may
25 participate in the Senior Management Service Optional Annuity
26 Program as established in subsection (6).
27
28 -----------------------------------------------------
29 T I T L E A M E N D M E N T
30 Between lines 22 and 23, insert:
31 amending s. 121.055, F.S.; revising military positions
32 required to participate in the Senior Management
33 Service Class of the Florida Retirement System;

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CS/HB 1387
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1387 COMPANION BILL: SB 1236 (Massullo)
TITLE: State Economic Development Contracts LINKED BILLS: None
SPONSOR(S): Overdorf RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
11 Y, 4 N, As CS  Development Budget 

SUMMARY
Effect of the Bill:
The bill creates the Taxpayer Dollars Protect Workers Act (Act) to provide that, in order to be eligible for an
economic development incentive, an employer may not:
• Grant recognition rights for employees solely on the basis of signed labor organization authorization cards
if the selection of a bargaining representative could instead be accomplished through a secret ballot
election by the National Labor Relations Board;
• Voluntarily disclose an employee’s personal contact information to a labor organization without the
employee’s prior written consent;
• Sign a neutrality agreement with a labor organization; or
• Require a subcontractor to engage in any of the foregoing activities.

The bill requires the Department of Commerce (Department), before awarding an economic development
incentive, to enter into a separate agreement with the recipient of the incentive to reserve the right of the
Department to recover any incentives if the recipient violates the Act. The bill authorizes anyone to report a
suspected violation of the Act to the Attorney General (AG) and requires the AG to investigate the violation. If the
AG finds the employer in violation of the Act the AG must initiate proceedings to recover incentives awarded to the
employer.

Fiscal or Economic Impact:
The bill appears to have an indeterminate fiscal impact on state expenditures. The bill will have an insignificant
fiscal impact on Department of Commerce workload. The bill may have an indeterminate negative fiscal impact on
the Attorney General, but it is expected the AG can handle the workload within its existing resources.
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ANALYSIS
EFFECT OF THE BILL:
The bill creates the “Taxpayer Dollars Protect Workers Act” (Act). (Section 1).

The bill provides the following definitions:
• “Contract” means an agreement between an employer and the state, or an agreement between an employer
and a labor organization.
• “Economic development incentive” means a state grant, authorized under this chapter for the purposes of
economic development, provided to an employer to attract or retain the employer's physical presence in this
state.
• “Employee” means an individual who performs services for an employer for wages that are subject to
withholding requirements under 26 U.S.C. s. 3402.

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• “Employer” means a business entity that voluntarily pursues economic development incentives authorized
under this section or enters into an agreement with the Department of Commerce (Department) for the
purpose of receiving those incentives.
• “Labor organization” means any organization of any kind, or any agency or employee representation
committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages, hours of employment, or conditions of
work.
• “Neutrality agreement” means an agreement signed with a labor organization wherein the employer agrees
to conditions including, but not limited to, not speaking to employees about labor organization issues.
• “Personal contact information” means an employee's home address, home or personal cellular telephone
number, or personal e-mail address.
• “Secret ballot election” means a process conducted by the National Labor Relations Board (NLRB) in which
an employee casts a secret ballot for or against labor organization representation.
• “Subcontractor” means a person or entity that has contracted with an employer to perform work or provide
services. (Section 2).

The bill establishes that to be eligible for an economic development incentive, an employer may not:
• Grant recognition rights for employees solely on the basis of signed labor organization authorization cards
if the selection of a bargaining representative could have been conducted through a secret ballot election by
the National Labor Relations Board (NLRB).
• Voluntarily disclose an employee’s personal contact information to a labor organization, or a third party
acting on behalf of a labor organization, without the employee’s prior written consent, unless otherwise
required by state or federal law.
• Sign a neutrality agreement with a labor organization.
• Require a subcontractor performing work for or providing services to the employer to engage in the above
prohibited activities. (Section 2).

The bill provides that eligibility requirements apply to any work or service for an employer on a project for which
an economic development incentive is awarded. (Section 2).

The bill authorizes a person or an entity to report a suspected violation of the Act to the Attorney General during the
term of the separate agreement entered into between the Department and the employer. Upon receiving a report,
the Attorney General shall determine whether a violation has occurred and shall request from the employer a copy
of the written agreement executed pursuant to the Act. An employer’s refusal to provide the written agreement to
the Attorney General constitutes a violation of the separate agreement between the Department and the employer.
(Section 2).

The bill requires the Attorney General to deliver written findings to the employer alleged to be in violation within
60 days. If the Attorney General finds that the employer violated the written agreement executed pursuant to the
Act, the Attorney General shall initiate proceedings to recover funds awarded to the employer. The Attorney
General’s findings are final. (Section 2).

Before awarding an economic development incentive, the bill requires the Department to execute a separate
agreement with the recipient of the incentive that reserves the right of the Department to recover the amount of
money, grants, funds, or other incentives disbursed by the Department if the recipient benefitting from such money,
grants, funds, or other incentives fails to comply with this section. Such agreement is effective for either:
• The duration of the project, to be determined by the Department, for an economic development incentive of
less than $5 million; or
• No longer than 5 years, for an economic development incentive of $5 million or more. (Section 2).

The bill applies prospectively and excludes:
• A contract between the state and an employer executed before July 1, 2026; or
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• A contract between an employer and a labor organization executed before July 1, 2026. (Section 2).

The bill provides an effective date of July 1, 2026. (Section 3).

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill requires the Department to enter into a separate agreement with economic development incentive
recipients. Because the Department is currently required to enter into agreements with incentive recipients, and
since this new activity aligns with current responsibilities of the Department, there will likely be an insignificant
impact on their workload.

The bill however, creates new responsibilities and requirements for the Attorney General. The bill requires the AG
to investigate reported violations of the provisions of the Act. If the AG finds an employer in violation of their
written agreement with the Department, the AG must initiate proceedings to recover funds awarded to the
employer. This provision bill will likely have an have an indeterminate negative fiscal impact on the Attorney
General, but it is expected the AG can handle the workload within its existing resources. Additionally, any potential
recovery of funds cannot be quantified at this time.

PRIVATE SECTOR:
The bill has an indeterminate impact on the private sector to the extent a recipient of an economic development
incentive will be required to enter into a certain agreement with the Department in order to be eligible for such
incentive.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Economic Development Incentives
Florida’s current economic incentive framework reflects a major restructuring following the enactment of Chapter
2023-173, Laws of Florida, which eliminated Enterprise Florida, Inc. and consolidated economic development
authority under the Florida Department of Commerce (Department). 1 The legislation repealed or removed several
long-standing incentive programs, including the Qualified Target Industry Tax Refund, Quick Action Closing Fund,
and Innovation Incentive Program, while adding programs such as the Florida Job Growth Grant Fund, the
Research and Development Tax Credit Program, and rural and urban job tax credits to the state’s review cycle. 2

Florida’s economic development system is multi-faceted and includes public agencies, non-profit corporations, and
private entities at the state, regional, and local level. 3 A core principle of the state’s economic development
incentive programs is that businesses are paid based on verified performance, meaning no tax dollars are paid
until job creation or capital investment numbers are audited and confirmed. 4 Florida provides different types of
incentives such as tax refunds, tax exemptions, tax credits, and performance based grants. 5

To apply for an economic incentive program, a business must submit a complete application to the Division of
Economic Development of the Department, which will ensure completeness, identify required state and local

1 Office of Program Policy Analysis and Government Accountability (OPPAGA), Economic Development Programs: 2025,

https://oppaga.fl.gov/Documents/Reports/25-08.pdf (last visited Feb. 2, 2026).
2 Id.
3 FloridaCommerce, Types of Incentive Awards, https://www.floridajobs.org/office-directory/division-of-economic-

development/economic-development-incentives-portal/types-of-incentive-awards (last visited Feb. 2, 2026).
4 FloridaCommerce, Economic Development Incentives Portal, https://floridajobs.org/office-directory/division-of-economic-

development/economic-development-incentives-portal (last visited Feb. 2, 2026).
5 FloridaCommerce, supra note 3.

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permits (and whether they can be waived), and evaluate the potential incentives and their economic benefits using
methods from the Office of Economic and Demographic Research. 6 Within 10 business days of receiving a complete
application, the Secretary of Commerce approves or denies the request and provides a written justification. 7
Approved incentives are governed by contracts detailing the award amount, performance requirements, payment
schedule, and sanctions, with funds released only if appropriated by the Legislature. 8 The Department validates
contractor performance annually and reports the results, while applicants must certify the accuracy of submitted
information and comply with the E-Verify system, with noncompliance requiring repayment of funds. 9

Labor Organizations
The State Constitution provides that “[t]he right of persons to work shall not be denied or abridged on account of
membership or non-membership in any labor union or labor organization.” 10 Based on this constitutional right,
Florida is regarded as a “right-to-work” state.

Florida law defines “labor organization” as any organization of employees or local or subdivision thereof, the
members of which are residents of the state, whether incorporated or not, organized for the purpose of negotiating
with employers on issues such as work hours, rate of pay, working conditions, or grievances of any kind relating to
employment, and which is recognized as a unit of bargaining by one or more employers doing business in Florida. 11

The State Constitution also guarantees that “the right of employees, by and through a labor organization, to bargain
collectively shall not be denied or abridged.” 12 To implement this constitutional provision, the Legislature enacted
ch. 447, F.S., which provides that employees in Florida have the right to:
• Self-organization;
• Form, join, or assist labor unions or labor organizations, or refrain from such activity;
• Bargain collectively through representatives of their own choosing; and
• Engage in concerned activities for the purpose of collective bargaining or other mutual aid or protection. 13

Labor organizations in Florida are prohibited from charging an initiation fee in excess of $15, 14 and are required to
keep accurate books of accounts that itemize all receipts and expenditures. 15 Additionally, it is unlawful for any
person in Florida to engage in any of the following activities: 16
• To interfere with or prevent the “right of franchise” 17 of any member of a labor organization. 18
• To prohibit or prevent any election of the officers of a labor organization. 19
• To charge, receive, or retain any dues, assessments, or other charges in excess of, or not authorized by, the
constitution or bylaws of a labor organization. 20

6 S. 288.061(1), F.S.
7 S. 288.061(3), F.S.
8 S. 288.061(3)(a), F.S.
9 S. 288.061(4) and (6), F.S.
10 FLA. CONST. art. I, s. 6.
11 S. 447.02(1), F.S.
12 FLA. CONST. art. I, s. 6.
13 S. 447.03, F.S.
14 This prohibition does not apply to initiation fees in effect on January 1, 1940, which may continue as authorized. S. 447.05,

F.S.
15 A member of a labor organization is entitled to inspect the books, records, and accounts of such labor organization at a

reasonable time. See s. 447.07, F.S.
16 See s. 447.09(1)-(13), F.S.
17 The “right of franchise” includes the right of an employee to make complaint, file charges, give information or testimony

concerning the violations of ch. 477, F.S., or the petitioning to a union regarding any grievance he or she may have concerning
membership or employment, or the disclosure of facts concerning such grievance or violations of law to any public official, and
the right of free petition, lawful assemblage, and free speech. S. 447.09(1), F.S.
18 Id.
19 S. 447.09(2), F.S.
20 S. 447.09(5), F.S.

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• To solicit membership for or to act as a representative of an existing labor organization without authority
of such labor organization to do so. 21
• To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress
to and from any premises, or to picket other than in a reasonable and peaceable manner. 22

National Labor Relations Board (NLRB)
The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the
power to safeguard employees’ rights to organize, engage with one another to seek better working conditions,
choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer,
or refrain from doing so. 23 The NLRB also acts to prevent and remedy unfair labor practices committed by private
sector employers and unions, and conducts secret-ballot elections regarding union representation. 24 The NLRB is a
bifurcated agency governed on one side by a five-person board and on the other side by a general counsel. 25 The
board acts as a quasi-judicial body and decides cases in administrative proceedings, and the general counsel is
responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of
the NLRB field offices in the processing of cases. 26

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 11 Y, 4 N, As CS 2/5/2026 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE • Revises the definitions of “contract,” “employee,” and “employer”;
COMMITTEE: • Requires the Attorney General to determine whether a violation of the
separate agreement entered into by the Department of Commerce and the
employer has occurred; and
• Reduces the term of the separate agreement for economic development
incentive awards of $5 million or more from 20 years to no more than 5
years.
Transportation & Economic Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee

21 S. 447.09(6), F.S.
22 S. 447.09(11), F.S.
23 National Labor Relations Boards, About NLRB, https://www.nlrb.gov/ (last visited Feb. 2, 2026).
24 Id.
25 Id.
26 Id.

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CS/HB 1387 2026

1 A bill to be entitled
2 An act relating to state economic development
3 contracts; providing a short title; creating s.
4 288.0615, F.S.; defining terms; requiring an employer
5 to sign an agreement with the Department of Commerce
6 before becoming eligible for an economic development
7 incentive; specifying the provisions of the agreement;
8 providing applicability; authorizing persons and
9 entities to report a suspected violation to the
10 Attorney General within a specified timeframe;
11 requiring the Attorney General to determine whether a
12 violation has occurred; requiring the Attorney General
13 to request certain information from the employer
14 alleged to be in violation; providing that refusal of
15 such employer to provide such information is in
16 violation of the agreement; requiring the Attorney
17 General to deliver his or her findings to such
18 employer within a specified timeframe; requiring the
19 Attorney General to initiate proceedings to recover
20 funds awarded to the employer if the employer is found
21 to have violated the agreement; providing that the
22 Attorney General's findings are final; requiring the
23 department to execute a separate written agreement
24 with the recipient of the economic development
25 incentive before the department awards the incentive;

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26 specifying the contents of the separate agreement;
27 providing the effective periods of the separate
28 agreement; providing applicability; providing an
29 effective date.
30
31 WHEREAS, the state has the right to set terms and
32 conditions in connection with the awarding of economic
33 development incentives as part of its economic development
34 policy, and
35 WHEREAS, the state seeks to play an integral role in the
36 formulation of economic opportunities, conditions of grants, and
37 general management of compliance with such awards for moneys,
38 and
39 WHEREAS, the state may, as part of awarding economic
40 development incentives, oversee compliance with land use
41 regulations, including management of the subdivision of
42 property, offer and provide water and wastewater services,
43 require fire protection systems and mechanical systems for
44 buildings and structures, approve capital grants, and ensure
45 such moneys are approved by the Department of Commerce, and
46 WHEREAS, the state may, as part of awarding economic
47 development incentives, also require a private business to hire
48 a certain number of new full-time employees, require a specific
49 amount of company investment, and ensure workers obtain certain
50 skills and knowledge, and

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51 WHEREAS, the state has a vested interest in seeking to
52 advance and preserve its own interest in projects receiving
53 economic development incentives as a financer of projects
54 contributing to the state's overall economic health, and
55 WHEREAS, it is the intent of the Legislature, as part of
56 its economic development policy, that whenever state funds or
57 benefits are sought by a private business that such benefits are
58 conditioned on the private business agreeing not to waive its
59 employees' right to a secret ballot election when recognizing a
60 labor organization as a bargaining unit, or requiring
61 subcontractors to waive their employees' right to a secret
62 ballot election, and
63 WHEREAS, it is the intent of the Legislature that whenever
64 state funds or benefits are provided or awarded to a private
65 business, the private business working on a project receiving
66 state funds or benefits, may not voluntarily disclose employee
67 personal contact information to a labor organization without an
68 employee's prior consent, waive their right to speak to their
69 employees, or require subcontractors to voluntarily disclose
70 employee personal contact information to a labor organization
71 without an employee's prior consent or waive the subcontractor's
72 right to speak to the subcontractor's employees, NOW, THEREFORE,
73
74 Be It Enacted by the Legislature of the State of Florida:
75

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76 Section 1. This act may be cited as the "Taxpayer Dollars
77 Protect Workers Act."
78 Section 2. Section 288.0615, Florida Statutes, is created
79 to read:
80 288.0615 Employee protections in economic development
81 contracts.-
82 (1) As used in this section, the term:
83 (a) "Contract" means an agreement:
84 1. Between an employer and the state; or
85 2. Between an employer and a labor organization.
86 (b) "Economic development incentive" means a state grant,
87 authorized under this chapter for the purposes of economic
88 development, provided to an employer to attract or retain the
89 employer's physical presence in this state.
90 (c) "Employee" means an individual who performs services
91 for an employer for wages that are subject to withholding
92 requirements under 26 U.S.C. s. 3402.
93 (d) "Employer" means a business entity that voluntarily
94 pursues economic development incentives authorized under this
95 section or enters into an agreement with the department for the
96 purpose of receiving those incentives.
97 (e) "Labor organization" means any organization of any
98 kind, or any agency or employee representation committee or
99 plan, in which employees participate and which exists for the
100 purpose, in whole or in part, of dealing with employers

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101 concerning grievances, labor disputes, wages, hours of
102 employment, or conditions of work.
103 (f) "Neutrality agreement" means an agreement signed with
104 a labor organization wherein the employer agrees to conditions
105 including, but not limited to, not speaking to employees about
106 labor organization issues.
107 (g) "Personal contact information" means an employee's
108 home address, home or personal cellular telephone number, or
109 personal e-mail address.
110 (h) "Secret ballot election" means a process conducted by
111 the National Labor Relations Board in which an employee casts a
112 secret ballot for or against labor organization representation.
113 (i) "Subcontractor" means a person or entity that has
114 contracted with an employer to perform work or provide services.
115 (2)(a) To be eligible for an economic development
116 incentive, an employer must sign an agreement with the
117 department stating that it will not do any of the following:
118 1. Grant union recognition rights for employees solely on
119 the basis of signed labor organization authorization cards if
120 the selection of a bargaining representative may instead be
121 conducted through a secret ballot election conducted by the
122 National Labor Relations Board.
123 2. Voluntarily disclose an employee's personal contact
124 information to a labor organization, or a third party acting on
125 behalf of a labor organization, without the employee's written

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126 consent, unless otherwise required by state or federal law.
127 3. Sign a neutrality agreement with a labor organization.
128 4. Require a subcontractor performing work for or
129 providing services to the employer to engage in activities
130 prohibited in this paragraph.
131 (b) The prohibitions in paragraph (a) apply to any work or
132 service provided to the employer on the project for which the
133 economic development incentive is awarded.
134 (3)(a) A person or an entity may report, based upon a
135 reasonable belief, a violation of paragraph (2)(a) to the
136 Attorney General, provided that such report is made during the
137 term of the separate agreement entered into by the department
138 and the employer in subsection (4).
139 (b) Upon receiving the report, the Attorney General shall
140 determine whether a violation has occurred. The Attorney General
141 shall request from the employer a copy of the written agreement
142 signed pursuant to paragraph (2)(a). If the employer refuses to
143 provide the Attorney General with the written agreement, the
144 employer is in violation of the agreement entered into between
145 the employer and the department. The Attorney General must
146 deliver in writing his or her findings to the employer alleged
147 to be in violation within 60 days. If the Attorney General finds
148 that an employer has violated the written agreement signed
149 pursuant to paragraph (2)(a), he or she shall initiate
150 proceedings to recover funds awarded to the employer. The

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151 Attorney General's findings are final.
152 (4) Notwithstanding any other law to the contrary, before
153 contracting to award an economic development incentive, the
154 department must execute a separate written agreement with the
155 recipient of the economic development incentive which reserves
156 the right of the department to recover the amount of money,
157 grants, funds, or other incentives disbursed by the department
158 if the recipient benefiting from such money, grants, funds, or
159 other incentives fails to comply with this section. This
160 agreement is effective for either:
161 (a) The duration of the project, to be determined by the
162 department, for an economic development incentive award of less
163 than $5 million; or
164 (b) No longer than 5 years, for an economic development
165 incentive award of $5 million or more.
166 (5) This section does not apply to:
167 (a) A contract between the state and an employer executed
168 before July 1, 2026; or
169 (b) A contract between an employer and a labor
170 organization executed before July 1, 2026.
171 Section 3. This act shall take effect July 1, 2026.

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