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.
    9  Be It Enacted by the Legislature of the State of Florida:
   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         760.65Discriminatory 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.