Florida Senate - 2024 SB 1420
By Senator Burgess
23-00481B-24 20241420__
1 A bill to be entitled
2 An act relating to the Department of Commerce;
3 amending s. 163.3175, F.S.; conforming a provision to
4 changes made by the act; amending s. 163.3184, F.S.;
5 revising the procedure for adopting comprehensive plan
6 amendments; providing that amendments are deemed
7 withdrawn if the local government fails to transmit
8 the comprehensive plan amendments to the department,
9 in its role as the state land planning agency, within
10 a certain time period; amending s. 288.1229, F.S.;
11 revising the duties of the Florida Sports Foundation;
12 amending ss. 288.980 and 288.985, F.S.; conforming
13 provisions to changes made by the act; amending s.
14 288.987, F.S.; requiring the department to establish a
15 direct-support organization; renaming the Florida
16 Defense Support Task Force as the direct-support
17 organization; specifying that the organization is a
18 direct-support organization of the department and a
19 corporation not for profit; requiring the organization
20 to operate under contract with the department;
21 specifying requirements for such contract; specifying
22 the organization’s fiscal year; specifying audit
23 requirements applicable to the organization;
24 authorizing the organization to take certain actions
25 regarding administration of property and expenditures;
26 specifying that the organization is not an agency for
27 purposes of specified provisions of law; authorizing
28 the department to allow the organization to use
29 certain departmental resources, if certain conditions
30 are met; revising the mission of the organization;
31 modifying provisions governing the composition of the
32 organization; revising the date by which the
33 organization’s annual report is due; providing certain
34 powers and duties of the organization, subject to
35 certain requirements and limitations; providing for
36 future repeal; amending s. 445.003, F.S.; revising the
37 definition of the term “businesses”; revising funding
38 priority for purposes of funding grants under the
39 Incumbent Worker Training Program; amending s.
40 445.004, F.S.; specifying that certain members of the
41 state workforce development board are voting members
42 of the board; amending s. 695.03, F.S.; authorizing
43 the Secretary of Commerce to appoint commissioners of
44 deeds; amending s. 720.406, F.S.; specifying required
45 actions for a proposed revived declaration and other
46 governing documents; making technical changes;
47 amending s. 721.97, F.S.; conforming provisions to
48 changes made by the act; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Subsection (3) of section 163.3175, Florida
53 Statutes, is amended to read:
54 163.3175 Legislative findings on compatibility of
55 development with military installations; exchange of information
56 between local governments and military installations.—
57 (3) The direct-support organization created in s. 288.987
58 Florida Defense Support Task Force may recommend to the
59 Legislature changes to the military installations and local
60 governments specified in subsection (2) based on a military
61 base’s potential for impacts from encroachment, and incompatible
62 land uses and development.
63 Section 2. Paragraph (c) of subsection (3) and paragraph
64 (e) of subsection (4) of section 163.3184, Florida Statutes, are
65 amended to read:
66 163.3184 Process for adoption of comprehensive plan or plan
67 amendment.—
68 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
69 COMPREHENSIVE PLAN AMENDMENTS.—
70 (c)1. The local government shall hold a its second public
71 hearing, which shall be a hearing on whether to adopt one or
72 more comprehensive plan amendments pursuant to subsection (11).
73 If the local government fails, within 180 days after receipt of
74 agency comments, to hold the second public hearing, and to adopt
75 the comprehensive plan amendments, the amendments are shall be
76 deemed withdrawn unless extended by agreement with notice to the
77 state land planning agency and any affected person that provided
78 comments on the amendment. The 180-day limitation does not apply
79 to amendments processed pursuant to s. 380.06.
80 2. All comprehensive plan amendments adopted by the
81 governing body, along with the supporting data and analysis,
82 shall be transmitted within 10 working days after the final
83 adoption second public hearing to the state land planning agency
84 and any other agency or local government that provided timely
85 comments under subparagraph (b)2. If the local government fails
86 to transmit the comprehensive plan amendments within 10 working
87 days after the final adoption hearing, the amendments are deemed
88 withdrawn.
89 3. The state land planning agency shall notify the local
90 government of any deficiencies within 5 working days after
91 receipt of an amendment package. For purposes of completeness,
92 an amendment shall be deemed complete if it contains a full,
93 executed copy of:
94 a. The adoption ordinance or ordinances;
95 b. In the case of a text amendment, a full copy of the
96 amended language in legislative format with new words inserted
97 in the text underlined, and words deleted stricken with hyphens;
98 c. In the case of a future land use map amendment, a copy
99 of the future land use map clearly depicting the parcel, its
100 existing future land use designation, and its adopted
101 designation; and
102 d. a copy of Any data and analyses the local government
103 deems appropriate.
104 4. An amendment adopted under this paragraph does not
105 become effective until 31 days after the state land planning
106 agency notifies the local government that the plan amendment
107 package is complete. If timely challenged, an amendment does not
108 become effective until the state land planning agency or the
109 Administration Commission enters a final order determining the
110 adopted amendment to be in compliance.
111 (4) STATE COORDINATED REVIEW PROCESS.—
112 (e) Local government review of comments; adoption of plan
113 or amendments and transmittal.—
114 1. The local government shall review the report submitted
115 to it by the state land planning agency, if any, and written
116 comments submitted to it by any other person, agency, or
117 government. The local government shall, upon receipt of the
118 report from the state land planning agency, shall hold its
119 second public hearing, which shall be a hearing to determine
120 whether to adopt the comprehensive plan or one or more
121 comprehensive plan amendments pursuant to subsection (11). If
122 the local government fails to hold the second hearing and adopt
123 the amendments within 180 days after receipt of the state land
124 planning agency’s report, the amendments shall be deemed
125 withdrawn unless extended by agreement with notice to the state
126 land planning agency and any affected person that provided
127 comments on the amendment. The 180-day limitation does not apply
128 to amendments processed pursuant to s. 380.06.
129 2. All comprehensive plan amendments adopted by the
130 governing body, along with the supporting data and analysis,
131 shall be transmitted within 10 working days after the final
132 adoption second public hearing to the state land planning agency
133 and any other agency or local government that provided timely
134 comments under paragraph (c). If the local government fails to
135 transmit the comprehensive plan amendments within 10 working
136 days after the final adoption hearing, the amendments are deemed
137 withdrawn.
138 3. The state land planning agency shall notify the local
139 government of any deficiencies within 5 working days after
140 receipt of a plan or plan amendment package. For purposes of
141 completeness, a plan or plan amendment shall be deemed complete
142 if it contains a full, executed copy of each of the following:
143 a. The adoption ordinance or ordinances;
144 b. In the case of a text amendment, a full copy of the
145 amended language in legislative format with new words inserted
146 in the text underlined, and words deleted stricken with hyphens;
147 c. In the case of a future land use map amendment, a copy
148 of the future land use map clearly depicting the parcel, its
149 existing future land use designation, and its adopted
150 designation; and
151 d. a copy of Any data and analyses the local government
152 deems appropriate.
153 4. After the state land planning agency makes a
154 determination of completeness regarding the adopted plan or plan
155 amendment, the state land planning agency shall have 45 days to
156 determine whether if the plan or plan amendment is in compliance
157 with this act. Unless the plan or plan amendment is
158 substantially changed from the one commented on, the state land
159 planning agency’s compliance determination shall be limited to
160 objections raised in the objections, recommendations, and
161 comments report. During the period provided for in this
162 subparagraph, the state land planning agency shall issue,
163 through a senior administrator or the secretary, a notice of
164 intent to find that the plan or plan amendment is in compliance
165 or not in compliance. The state land planning agency shall post
166 a copy of the notice of intent on the agency’s Internet website.
167 Publication by the state land planning agency of the notice of
168 intent on the state land planning agency’s Internet site is
169 shall be prima facie evidence of compliance with the publication
170 requirements of this subparagraph.
171 5. A plan or plan amendment adopted under the state
172 coordinated review process shall go into effect pursuant to the
173 state land planning agency’s notice of intent. If timely
174 challenged, an amendment does not become effective until the
175 state land planning agency or the Administration Commission
176 enters a final order determining the adopted amendment to be in
177 compliance.
178 Section 3. Paragraph (g) of subsection (7) of section
179 288.1229, Florida Statutes, is amended to read:
180 288.1229 Promotion and development of sports-related
181 industries and amateur athletics; direct-support organization
182 established; powers and duties.—
183 (7) To promote amateur sports and physical fitness, the
184 foundation shall:
185 (g) Continue the successful amateur sports programs
186 previously conducted by the Florida Governor’s Council on
187 Physical Fitness and Amateur Sports created under former s.
188 14.22.
189 Section 4. Paragraph (b) of subsection (2) of section
190 288.980, Florida Statutes, is amended to read:
191 288.980 Military base retention; legislative intent; grants
192 program.—
193 (2)
194 (b)1. The department shall, annually by October 1, request
195 military installations in this the state to provide the
196 department with a list of base buffering encroachment lands for
197 fee simple or less-than-fee simple acquisitions before October
198 1.
199 2. The department shall submit the list of base buffering
200 encroachment lands to the direct-support organization Florida
201 Defense Support Task Force created in s. 288.987.
202 3. The direct-support organization created in s. 288.987
203 Florida Defense Support Task Force shall, annually by December
204 1, review the list of base buffering encroachment lands
205 submitted by the military installations and provide its
206 recommendations for ranking the lands for acquisition to the
207 department.
208 4. The department shall annually submit the list of base
209 buffering encroachment lands provided by the direct-support
210 organization created in s. 288.987 Florida Defense Support Task
211 Force to the Board of Trustees of the Internal Improvement Trust
212 Fund, which may acquire the lands pursuant to s. 253.025. At a
213 minimum, the annual list must contain all of the following for
214 each recommended land acquisition:
215 a. A legal description of the land and its property
216 identification number.;
217 b. A detailed map of the land.; and
218 c. A management and monitoring agreement to ensure the land
219 serves a base buffering purpose.
220 Section 5. Subsection (1) and paragraph (a) of subsection
221 (2) of section 288.985, Florida Statutes, are amended to read:
222 288.985 Exemptions from public records and public meetings
223 requirements.—
224 (1) The following records held by the direct-support
225 organization created in s. 288.987 Florida Defense Support Task
226 Force are exempt from s. 119.07(1) and s. 24(a), Art. I of the
227 State Constitution:
228 (a) That portion of a record which relates to strengths and
229 weaknesses of military installations or military missions in
230 this state relative to the selection criteria for the
231 realignment and closure of military bases and missions under any
232 United States Department of Defense base realignment and closure
233 process.
234 (b) That portion of a record which relates to strengths and
235 weaknesses of military installations or military missions in
236 other states or territories and the vulnerability of such
237 installations or missions to base realignment or closure under
238 the United States Department of Defense base realignment and
239 closure process, and any agreements or proposals to relocate or
240 realign military units and missions from other states or
241 territories.
242 (c) That portion of a record which relates to the state’s
243 strategy to retain its military bases during any United States
244 Department of Defense base realignment and closure process and
245 any agreements or proposals to relocate or realign military
246 units and missions.
247 (2)(a) Meetings or portions of meetings of the direct
248 support organization created in s. 288.987 Florida Defense
249 Support Task Force, or a workgroup of the direct-support
250 organization task force, at which records are presented or
251 discussed that are exempt under subsection (1) are exempt from
252 s. 286.011 and s. 24(b), Art. I of the State Constitution.
253 Section 6. Section 288.987, Florida Statutes, is amended to
254 read:
255 288.987 Florida Defense Support Task Force.—
256 (1) The Department of Commerce shall establish a direct
257 support organization to support Florida’s military and defense
258 industries and communities The Florida Defense Support Task
259 Force is created.
260 (a) The direct-support organization is a corporation not
261 for profit, as defined in s. 501(c)(3) of the Internal Revenue
262 Code, which is incorporated under chapter 617 and approved by
263 the Department of State. The direct-support organization is
264 exempt from paying filing fees under chapter 617.
265 (b) The direct-support organization shall operate under
266 contract with the department. The contract must provide that:
267 1. The department may review the direct-support
268 organization’s articles of incorporation.
269 2. The direct-support organization shall submit an annual
270 budget proposal to the department, on a form provided by the
271 department, in accordance with department procedures for filing
272 budget proposals based on recommendations of the department.
273 3. Any funds that the direct-support organization holds in
274 trust must revert to the state upon the expiration or
275 cancellation of the contract.
276 4. The direct-support organization is subject to an annual
277 financial and performance review by the department to determine
278 whether the direct-support organization is complying with the
279 terms of the contract and is acting in a manner consistent with
280 the goals of the department and in the best interest of the
281 state.
282 (c) The fiscal year of the direct-support organization
283 begins on July 1 and ends on June 30 of the next succeeding
284 year.
285 (d) The direct-support organization shall provide an annual
286 financial audit in accordance with s. 215.981.
287 (e) The direct-support organization is not an agency for
288 purposes of parts I, II, and IV-VIII of chapter 112; chapter
289 120; s. 215.31; chapter 216; ss. 255.21, 255.25, and 255.254,
290 relating to leasing of buildings; ss. 283.33 and 283.35,
291 relating to bids for printing; and chapter 287. However, the
292 direct-support organization shall comply with the per diem and
293 travel expense provisions of s. 112.061.
294 (f) Subject to the approval of the Secretary of Commerce,
295 the department may allow the direct-support organization to use
296 the property, facilities, personnel, and services of the
297 department if the direct-support organization provides equal
298 employment opportunities to all persons regardless of race,
299 color, religion, sex, or national origin.
300 (2) The mission of the direct-support organization task
301 force is to carry out the provisions of this section, to make
302 recommendations to preserve and protect military installations,
303 to assist with the coordination of economic and workforce
304 development efforts in military communities, to assist in the
305 planning and research and development related to military
306 missions, businesses, and military families to support the
307 state’s position in research and development related to or
308 arising out of military missions and contracting, and to improve
309 the state’s military-friendly environment for servicemembers,
310 military dependents, military retirees, and businesses that
311 bring military and base-related jobs to the state. The direct
312 support organization is organized and operated to request,
313 receive, hold, invest, and administer property and to manage and
314 make expenditures for the operation of the activities, services,
315 functions, and programs of this state for economic and product
316 research and development, joint planning with host communities
317 to accommodate military missions and prevent base encroachment,
318 advocacy on the state’s behalf with federal civilian and
319 military officials, assistance to school districts in providing
320 a smooth transition for large numbers of additional military
321 related students, job training and placement for military
322 spouses in communities with high proportions of active duty
323 military personnel, and promotion of the state to military and
324 related contractors and employers.
325 (3) The direct-support organization shall be governed by a
326 board of directors.
327 (a) The board of directors is composed of the Governor, or
328 his or her designee, and the following members task force shall
329 be comprised of the Governor or his or her designee, and 12
330 members appointed as follows:
331 1.(a) Four members appointed by the Governor.
332 2.(b) Four members appointed by the President of the
333 Senate.
334 3.(c) Four members appointed by the Speaker of the House of
335 Representatives.
336 (b)(d) Appointed members must represent defense-related
337 industries or communities that host military bases and
338 installations. All appointments in place as of July 1, 2024,
339 must continue in effect until the expiration of the term must be
340 made by August 1, 2011. Members shall serve for a term of 4
341 years, with the first term ending July 1, 2015. However, if
342 members of the Legislature are appointed to the direct-support
343 organization task force, those members shall serve until the
344 expiration of their legislative term and may be reappointed
345 once. A vacancy shall be filled for the remainder of the
346 unexpired term in the same manner as the initial appointment.
347 All members of the council are eligible for reappointment. A
348 member who serves in the Legislature may participate in all
349 direct-support organization task force activities but may only
350 vote on matters that are advisory.
351 (c)(4) The President of the Senate and the Speaker of the
352 House of Representatives shall each designate one of their
353 appointees to serve as chair of the direct-support organization
354 task force. The chair shall serve a 2-year term, rotating on
355 rotate each July 1 of each odd-numbered year. The appointee
356 designated by the President of the Senate shall serve as initial
357 chair. If the Governor, instead of his or her designee,
358 participates in the activities of the direct-support
359 organization task force, then the Governor shall serve as chair.
360 (d)(5) The Secretary of Commerce Economic Opportunity, or
361 his or her designee, shall serve as the ex officio, nonvoting
362 executive director of the direct-support organization task
363 force.
364 (4)(6) The direct-support organization task force shall
365 submit an annual progress report and work plan to the Governor,
366 the President of the Senate, and the Speaker of the House of
367 Representatives each December February 1.
368 (5) The direct-support organization, in the performance of
369 its duties, may:
370 (a) Make and enter into contracts and assume such other
371 functions as are necessary to carry out the mission of the
372 direct-support organization and its contract with the
373 department, provided that any such contracts and assumptions are
374 not inconsistent with this section or any other applicable
375 provision of law governing the direct-support organization. A
376 proposed contract with a total cost of $750,000 or more is
377 subject to the notice, review, and objection procedures of s.
378 216.177. If the chair and vice chair of the Legislative Budget
379 Commission, or the President of the Senate and the Speaker of
380 the House of Representatives, timely advise the direct-support
381 organization in writing that such proposed contract is contrary
382 to legislative policy and intent, the direct-support
383 organization may not enter into such proposed contract. The
384 direct-support organization may not divide one proposed contract
385 with a total cost of $750,000 or more into multiple contracts to
386 circumvent the requirements of this paragraph.
387 (b) Establish grant programs and administer grant awards to
388 support its mission.
389 (7) The department shall support the task force and
390 contract with the task force for expenditure of appropriated
391 funds, which may be used by the task force for economic and
392 product research and development, joint planning with host
393 communities to accommodate military missions and prevent base
394 encroachment, advocacy on the state’s behalf with federal
395 civilian and military officials, assistance to school districts
396 in providing a smooth transition for large numbers of additional
397 military-related students, job training and placement for
398 military spouses in communities with high proportions of active
399 duty military personnel, and promotion of the state to military
400 and related contractors and employers. The task force may
401 (c) Annually spend up to $250,000 of funds appropriated to
402 the department for the direct-support organization task force
403 for staffing and administrative expenses of the direct-support
404 organization task force, including travel and per diem costs
405 incurred by direct-support organization task force members who
406 are not otherwise eligible for state reimbursement.
407 (6) This section is repealed October 1, 2029, unless
408 reviewed and saved from repeal by the Legislature.
409 Section 7. Paragraph (a) of subsection (3) of section
410 445.003, Florida Statutes, is amended to read:
411 445.003 Implementation of the federal Workforce Innovation
412 and Opportunity Act.—
413 (3) FUNDING.—
414 (a) Title I, Workforce Innovation and Opportunity Act
415 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
416 expended based on the 4-year plan of the state board. The plan
417 must outline and direct the method used to administer and
418 coordinate various funds and programs that are operated by
419 various agencies. The following provisions apply to these funds:
420 1. At least 50 percent of the Title I funds for Adults and
421 Dislocated Workers which are passed through to local workforce
422 development boards shall be allocated to and expended on
423 Individual Training Accounts unless a local workforce
424 development board obtains a waiver from the state board.
425 Tuition, books, and fees of training providers and other
426 training services prescribed and authorized by the Workforce
427 Innovation and Opportunity Act qualify as Individual Training
428 Account expenditures.
429 2. Fifteen percent of Title I funding shall be retained at
430 the state level and dedicated to state administration and shall
431 be used to design, develop, induce, fund, and evaluate the long
432 term impact of innovative Individual Training Account pilots,
433 demonstrations, and programs to enable participants to attain
434 self-sufficiency and to evaluate the effectiveness of
435 performance-based contracts used by local workforce development
436 boards under s. 445.024(5) on increasing wages and employment
437 over the long term. Of such funds retained at the state level,
438 $2 million may be reserved for the Incumbent Worker Training
439 Program created under subparagraph 3. Eligible state
440 administration costs include the costs of funding for the state
441 board and state board staff; operating fiscal, compliance, and
442 management accountability systems through the department;
443 conducting evaluation and research on workforce development
444 activities; and providing technical and capacity building
445 assistance to local workforce development areas at the direction
446 of the state board. Notwithstanding s. 445.004, such
447 administrative costs may not exceed 25 percent of these funds.
448 An amount not to exceed 75 percent of these funds shall be
449 allocated to Individual Training Accounts and other workforce
450 development strategies for other training designed and tailored
451 by the state board in consultation with the department,
452 including, but not limited to, programs for incumbent workers,
453 nontraditional employment, and enterprise zones. The state
454 board, in consultation with the department, shall design, adopt,
455 and fund Individual Training Accounts for distressed urban and
456 rural communities.
457 3. The Incumbent Worker Training Program is created for the
458 purpose of providing grant funding for continuing education and
459 training of incumbent employees at existing Florida businesses.
460 The program will provide reimbursement grants to businesses that
461 pay for preapproved, direct, training-related costs. For
462 purposes of this subparagraph, the term “businesses” includes
463 hospitals and health care facilities operated by nonprofit or
464 local government entities which provide nursing or allied health
465 care opportunities to acquire new or improved skills.
466 a. The Incumbent Worker Training Program will be
467 administered by CareerSource Florida, Inc., which may, at its
468 discretion, contract with a private business organization to
469 serve as grant administrator.
470 b. The program shall be administered under s. 134(d)(4) of
471 the Workforce Innovation and Opportunity Act. Funding priority
472 shall be given in the following order:
473 (I) Businesses that provide employees with opportunities to
474 acquire new or improved skills by earning a credential on the
475 Master Credentials List.
476 (II) Hospitals or health care facilities operated by
477 nonprofit or local government entities that provide nursing
478 opportunities in health care to acquire new or improved skills.
479 (III) Businesses whose grant proposals represent a
480 significant upgrade in employee skills.
481 (IV) Businesses with 25 employees or fewer, businesses in
482 rural areas, and businesses in distressed inner-city areas.
483 (V) Businesses in a qualified targeted industry or
484 businesses whose grant proposals represent a significant layoff
485 avoidance strategy.
486 c. All costs reimbursed by the program must be preapproved
487 by CareerSource Florida, Inc., or the grant administrator. The
488 program may not reimburse businesses for trainee wages, the
489 purchase of capital equipment, or the purchase of any item or
490 service that may possibly be used outside the training project.
491 A business approved for a grant may be reimbursed for
492 preapproved, direct, training-related costs including tuition,
493 fees, books and training materials, and overhead or indirect
494 costs not to exceed 5 percent of the grant amount.
495 d. A business that is selected to receive grant funding
496 must provide a matching contribution to the training project,
497 including, but not limited to, wages paid to trainees or the
498 purchase of capital equipment used in the training project; must
499 sign an agreement with CareerSource Florida, Inc., or the grant
500 administrator to complete the training project as proposed in
501 the application; must keep accurate records of the project’s
502 implementation process; and must submit monthly or quarterly
503 reimbursement requests with required documentation.
504 e. All Incumbent Worker Training Program grant projects
505 shall be performance-based with specific measurable performance
506 outcomes, including completion of the training project and job
507 retention. CareerSource Florida, Inc., or the grant
508 administrator shall withhold the final payment to the grantee
509 until a final grant report is submitted and all performance
510 criteria specified in the grant contract have been achieved.
511 f. The state board may establish guidelines necessary to
512 implement the Incumbent Worker Training Program.
513 g. No more than 10 percent of the Incumbent Worker Training
514 Program’s total appropriation may be used for overhead or
515 indirect purposes.
516 4. At least 50 percent of Rapid Response funding shall be
517 dedicated to Intensive Services Accounts and Individual Training
518 Accounts for dislocated workers and incumbent workers who are at
519 risk of dislocation. The department shall also maintain an
520 Emergency Preparedness Fund from Rapid Response funds, which
521 will immediately issue Intensive Service Accounts, Individual
522 Training Accounts, and other federally authorized assistance to
523 eligible victims of natural or other disasters. At the direction
524 of the Governor, these Rapid Response funds shall be released to
525 local workforce development boards for immediate use after
526 events that qualify under federal law. Funding shall also be
527 dedicated to maintain a unit at the state level to respond to
528 Rapid Response emergencies and to work with state emergency
529 management officials and local workforce development boards. All
530 Rapid Response funds must be expended based on a plan developed
531 by the state board in consultation with the department and
532 approved by the Governor.
533 Section 8. Paragraph (a) of subsection (3) of section
534 445.004, Florida Statutes, is amended to read:
535 445.004 CareerSource Florida, Inc., and the state board;
536 creation; purpose; membership; duties and powers.—
537 (3)(a) Members of the state board described in Pub. L. No.
538 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting
539 nonvoting members. The number of members is determined by the
540 Governor, who shall consider the importance of minority, gender,
541 and geographic representation in making appointments to the
542 state board. When the Governor is in attendance, he or she shall
543 preside at all meetings of the state board.
544 Section 9. Subsections (2) and (3) of section 695.03,
545 Florida Statutes, are amended to read:
546 695.03 Acknowledgment and proof; validation of certain
547 acknowledgments; legalization or authentication before foreign
548 officials.—To entitle any instrument concerning real property to
549 be recorded, the execution must be acknowledged by the party
550 executing it, proved by a subscribing witness to it, or
551 legalized or authenticated in one of the following forms:
552 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
553 acknowledgment or a proof taken, administered, or made outside
554 of this state but within the United States may be taken,
555 administered, or made by or before a civil-law notary of this
556 state or a commissioner of deeds appointed by the Secretary of
557 Commerce Governor of this state; by a judge or clerk of any
558 court of the United States or of any state, territory, or
559 district; by or before a United States commissioner or
560 magistrate; or by or before any notary public, justice of the
561 peace, master in chancery, or registrar or recorder of deeds of
562 any state, territory, or district having a seal, and the
563 certificate of acknowledgment or proof must be under the seal of
564 the court or officer, as the case may be. If the acknowledgment
565 or proof is taken, administered, or made by or before a notary
566 public who does not affix a seal, it is sufficient for the
567 notary public to type, print, or write by hand on the
568 instrument, “I am a Notary Public of the State of ...(state)...,
569 and my commission expires on ...(date)....”
570 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
571 COUNTRIES.—An acknowledgment, an affidavit, an oath, a
572 legalization, an authentication, or a proof taken, administered,
573 or made outside the United States or in a foreign country may be
574 taken, administered, or made by or before a commissioner of
575 deeds appointed by the Secretary of Commerce Governor of this
576 state to act in such country; before a notary public of such
577 foreign country or a civil-law notary of this state or of such
578 foreign country who has an official seal; before an ambassador,
579 envoy extraordinary, minister plenipotentiary, minister,
580 commissioner, charge d’affaires, consul general, consul, vice
581 consul, consular agent, or other diplomatic or consular officer
582 of the United States appointed to reside in such country; or
583 before a military or naval officer authorized by 10 U.S.C. s.
584 1044a to perform the duties of notary public, and the
585 certificate of acknowledgment, legalization, authentication, or
586 proof must be under the seal of the officer. A certificate
587 legalizing or authenticating the signature of a person executing
588 an instrument concerning real property and to which a civil-law
589 notary or notary public of that country has affixed her or his
590 official seal is sufficient as an acknowledgment. For the
591 purposes of this section, the term “civil-law notary” means a
592 civil-law notary as defined in chapter 118 or an official of a
593 foreign country who has an official seal and who is authorized
594 to make legal or lawful the execution of any document in that
595 jurisdiction, in which jurisdiction the affixing of her or his
596 official seal is deemed proof of the execution of the document
597 or deed in full compliance with the laws of that jurisdiction.
598 Section 10. Section 720.406, Florida Statutes, is amended
599 to read:
600 720.406 Department of Commerce Economic Opportunity;
601 submission; review and determination.—
602 (1) Within No later than 60 days after obtaining valid
603 written consent from a majority of the affected parcel owners,
604 or within 60 days after the date the proposed revived
605 declaration and other governing documents are approved by the
606 affected parcel owners by vote at a meeting, the organizing
607 committee or its designee must submit the proposed revived
608 governing documents and supporting materials to the Department
609 of Commerce Economic Opportunity to review and determine whether
610 to approve or disapprove of the proposal to preserve the
611 residential community. The submission to the department must
612 include:
613 (a) The full text of the proposed revived declaration of
614 covenants and articles of incorporation and bylaws of the
615 homeowners’ association.;
616 (b) A verified copy of the previous declaration of
617 covenants and other previous governing documents for the
618 community, including any amendments thereto.;
619 (c) The legal description of each parcel to be subject to
620 the revived declaration and other governing documents and a plat
621 or other graphic depiction of the affected properties in the
622 community.;
623 (d) A verified copy of the written consents of the
624 requisite number of the affected parcel owners approving the
625 revived declaration and other governing documents or, if
626 approval was obtained by a vote at a meeting of affected parcel
627 owners, verified copies of the notice of the meeting,
628 attendance, and voting results.;
629 (e) An affidavit by a current or former officer of the
630 association or by a member of the organizing committee verifying
631 that the requirements for the revived declaration set forth in
632 s. 720.404 have been satisfied.; and
633 (f) Such other documentation that the organizing committee
634 believes is supportive of the policy of preserving the
635 residential community and operating, managing, and maintaining
636 the infrastructure, aesthetic character, and common areas
637 serving the residential community.
638 (2) Within No later than 60 days after receiving the
639 submission, the department must determine whether the proposed
640 revived declaration of covenants and other governing documents
641 comply with the requirements of this act.
642 (a) If the department determines that the proposed revived
643 declaration and other governing documents comply with the act
644 and have been approved by the parcel owners as required by this
645 act, the department shall notify the organizing committee in
646 writing of its approval.
647 (b) If the department determines that the proposed revived
648 declaration and other governing documents do not comply with,
649 this act or have not been approved as required by, this act, the
650 department shall notify the organizing committee in writing that
651 it does not approve the governing documents and shall state the
652 reasons for the disapproval.
653 Section 11. Subsection (1) of section 721.97, Florida
654 Statutes, is amended to read:
655 721.97 Timeshare commissioner of deeds.—
656 (1) The Secretary of Commerce Governor may appoint
657 commissioners of deeds to take acknowledgments, proofs of
658 execution, or oaths in any foreign country, in international
659 waters, or in any possession, territory, or commonwealth of the
660 United States outside the 50 states. The term of office is 4
661 years. Commissioners of deeds shall have authority to take
662 acknowledgments, proofs of execution, and oaths in connection
663 with the execution of any deed, mortgage, deed of trust,
664 contract, power of attorney, or any other writing to be used or
665 recorded in connection with a timeshare estate, personal
666 property timeshare interest, timeshare license, any property
667 subject to a timeshare plan, or the operation of a timeshare
668 plan located within this state; provided such instrument or
669 writing is executed outside the United States. Such
670 acknowledgments, proofs of execution, and oaths must be taken or
671 made in the manner directed by the laws of this state,
672 including, but not limited to, s. 117.05(4), (5)(a), and (6),
673 Florida Statutes 1997, and certified by a commissioner of deeds.
674 The certification must be endorsed on or annexed to the
675 instrument or writing aforesaid and has the same effect as if
676 made or taken by a notary public licensed in this state.
677 Section 12. This act shall take effect July 1, 2024.