Florida Senate - 2018 SB 1290 By Senator Baxley 12-01634-18 20181290__ 1 A bill to be entitled 2 An act relating to government actions discriminating 3 against businesses; providing a short title; creating 4 s. 760.65, F.S.; providing definitions; prohibiting 5 certain discriminatory actions by governmental 6 entities against business entities; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. This act may be cited as the “Free Enterprise 12 Protection Act.” 13 Section 2. Section 760.65, Florida Statutes, is created to 14 read: 15 760.65 Discriminatory action by government against 16 businesses.— 17 (1) As used in this section, the term: 18 (a) “Business entity” means a sole proprietorship, 19 corporation, limited liability company, limited liability 20 partnership, or other legal entity, association, or body vested 21 with the power or function of a legal entity. 22 (b) “Discriminatory action” means any action taken by a 23 government entity to: 24 1. Alter in any way the tax treatment of, or cause any tax, 25 penalty, or payment to be assessed against a business entity; 26 2. Deny, delay, or revoke a business entity’s exemption 27 from taxation or other tax benefit; 28 3. Withhold, reduce, exclude, terminate, deny, or otherwise 29 make unavailable to a business entity any grant, contract, 30 subcontract, cooperative agreement, bond issue, license, 31 certification, or other similar opportunity, position, or 32 status; or 33 4. Withhold, reduce, exclude, terminate, deny, or otherwise 34 make unavailable to a business entity access or an entitlement 35 to property, facilities, speech forums, including traditional, 36 limited, and nonpublic forums, or charitable fundraising 37 campaigns. 38 (c) “Governmental entity” means any branch, department, 39 agency, commission, or instrumentality of state government or 40 any political subdivision of the state and any official or other 41 person acting under color of state law. 42 (2) A governmental entity shall not take discriminatory 43 action against a business entity: 44 (a) On the basis of the internal policies of the business 45 entity, including, but not limited to, personnel and employee 46 benefit policies that are in compliance with state law. 47 (b) Because of the business entity’s exercise of a right 48 guaranteed under the state or federal constitutions, including, 49 but not limited to, the rights of freedom of expression and free 50 exercise of religion. 51 Section 3. This act shall take effect July 1, 2018.