Florida Senate - 2023 CS for CS for SB 1664
By the Appropriations Committee on Transportation, Tourism, and
Economic Development; the Committee on Commerce and Tourism; and
Senator Hooper
606-03947-23 20231664c2
1 A bill to be entitled
2 An act relating to economic development; amending s.
3 20.60, F.S.; requiring the Secretary of Economic
4 Opportunity to appoint deputy secretaries and
5 directors for specified divisions of the Department of
6 Economic Opportunity; amending s. 163.3175, F.S.;
7 revising the list of local governments affected by
8 Naval Support Activity Orlando; conforming a provision
9 to changes made by the act; amending s. 201.25, F.S.;
10 exempting loans made with funds administered by the
11 Department of Economic Opportunity from certain taxes;
12 amending s. 288.018, F.S.; revising requirements
13 relating to the Florida Rural Development Grants
14 Program; amending s. 288.065, F.S.; removing a
15 requirement that certain repayments under the Rural
16 Community Development Revolving Loan Fund be matched;
17 amending s. 288.0655, F.S.; revising grant
18 requirements and authorizations relating to the Rural
19 Infrastructure Fund; revising limits on grant awards;
20 amending s. 288.075, F.S.; revising the definition of
21 the term “economic development agency”; amending s.
22 288.9604, F.S.; deleting the future repeal of
23 provisions governing the Florida Development Finance
24 Corporation; amending ss. 288.980 and 288.985, F.S.;
25 conforming provisions to changes made by the act;
26 amending s. 288.987, F.S.; renaming the Florida
27 Defense Support Task Force as the Florida Defense
28 Support Council; amending s. 446.71, F.S.; revising
29 requirements relating to the Everglades Restoration
30 Agricultural Community Employment Training Program;
31 defining terms; authorizing, rather than requiring,
32 the department to adopt rules; amending s. 695.03,
33 F.S.; requiring the Secretary of the Department of
34 Economic Opportunity, rather than the Governor, to
35 appoint certain commissioners of deeds; reenacting s.
36 288.106(2)(b), F.S., relating to the tax refund
37 program for qualified target industry businesses, to
38 incorporate the amendment made to s. 288.075, F.S., in
39 a reference thereto; providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Paragraph (b) of subsection (3) of section
44 20.60, Florida Statutes, is amended to read:
45 20.60 Department of Economic Opportunity; creation; powers
46 and duties.—
47 (3)
48 (b) The secretary:
49 1. May create offices within the Office of the Secretary
50 and within the divisions established in paragraph (a) to promote
51 efficient and effective operation of the department.
52 2. Shall appoint deputy secretaries for the Division of
53 Strategic Business Development, the Division of Community
54 Development, and the Division of Workforce Services and
55 directors for the Division of Finance and Administration and the
56 Division of Information Technology a director for each division,
57 who shall directly administer his or her division and be
58 responsible to the secretary.
59 Section 2. Paragraph (i) of subsection (2) and subsection
60 (3) of section 163.3175, Florida Statutes, are amended to read:
61 163.3175 Legislative findings on compatibility of
62 development with military installations; exchange of information
63 between local governments and military installations.—
64 (2) Certain major military installations, due to their
65 mission and activities, have a greater potential for
66 experiencing compatibility and coordination issues than others.
67 Consequently, this section and the provisions in s.
68 163.3177(6)(a), relating to compatibility of land development
69 with military installations, apply to specific affected local
70 governments in proximity to and in association with specific
71 military installations, as follows:
72 (i) Naval Support Activity Orlando, including Bugg Spring
73 and Naval Ordnance Test Unit, associated with Lake, Marion,
74 Orange, and Sumter Counties and Groveland, Howey-in-the-Hills,
75 Leesburg, County and Orlando, and Wildwood.
76 (3) The Florida Defense Support Council Task Force may
77 recommend to the Legislature changes to the military
78 installations and local governments specified in subsection (2)
79 based on a military base’s potential for impacts from
80 encroachment, and incompatible land uses and development.
81 Section 3. Subsection (4) is added to section 201.25,
82 Florida Statutes, to read:
83 201.25 Tax exemptions for certain loans.—There shall be
84 exempt from all taxes imposed by this chapter:
85 (4) Any loan made with funds administered by the Department
86 of Economic Opportunity.
87 Section 4. Paragraphs (b), (c), and (d) of subsection (1)
88 and paragraphs (b) and (c) of subsection (2) of section 288.018,
89 Florida Statutes, are amended to read:
90 288.018 Regional Rural Development Grants Program.—
91 (1)
92 (b) The department shall establish a matching grant program
93 to provide funding to regional economic development
94 organizations for the purpose of building the professional
95 capacity of those organizations. Building the professional
96 capacity of a regional economic development organization
97 includes hiring professional staff to develop, deliver, and
98 provide needed economic development professional services,
99 including technical assistance, education and leadership
100 development, marketing, and project recruitment. Matching Grants
101 may also be used by a regional economic development organization
102 to provide technical assistance to local governments, local
103 economic development organizations, and existing and prospective
104 businesses.
105 (c) A regional economic development organization may apply
106 annually to the department for a matching grant. The department
107 is authorized to approve, on an annual basis, grants to such
108 regional economic development organizations. The maximum amount
109 an organization may receive in any year will be $50,000, or
110 $250,000 for any three regional economic development
111 organizations that serve an entire region of a rural area of
112 opportunity designated pursuant to s. 288.0656(7) if they are
113 recognized by the department as serving such a region.
114 (d) Grant funds received by a regional economic development
115 organization must be matched each year by nonstate resources in
116 an amount equal to 25 percent of the state contribution.
117 (2) In approving the participants, the department shall
118 consider the demonstrated need of the applicant for assistance
119 and require the following:
120 (b) Demonstration that each unit of local government has
121 made a financial or in-kind commitment to the regional
122 organization.
123 (c) Demonstration that the private sector has made
124 financial or in-kind commitments to the regional organization.
125 Section 5. Paragraph (c) of subsection (2) of section
126 288.065, Florida Statutes, is amended to read:
127 288.065 Rural Community Development Revolving Loan Fund.—
128 (2)
129 (c) All repayments of principal and interest shall be
130 returned to the loan fund and made available for loans to other
131 applicants. However, in a rural area of opportunity designated
132 by the Governor, and upon approval by the department, repayments
133 of principal and interest may be retained by the applicant if
134 such repayments are dedicated and matched to fund regionally
135 based economic development organizations representing the rural
136 area of opportunity.
137 Section 6. Subsection (1), paragraphs (b), (c), and (e) of
138 subsection (2), and subsection (3) of section 288.0655, Florida
139 Statutes, are amended to read:
140 288.0655 Rural Infrastructure Fund.—
141 (1) There is created within the department the Rural
142 Infrastructure Fund to facilitate the planning, preparing, and
143 financing of infrastructure projects in rural communities which
144 will encourage job creation, capital investment, and the
145 strengthening and diversification of rural economies by
146 promoting tourism, trade, and economic development.
147 (2)
148 (b) To facilitate access of rural communities and rural
149 areas of opportunity as defined by the Rural Economic
150 Development Initiative to infrastructure funding programs of the
151 Federal Government, such as those offered by the United States
152 Department of Agriculture and the United States Department of
153 Commerce, and state programs, including those offered by Rural
154 Economic Development Initiative agencies, and to facilitate
155 local government or private infrastructure funding efforts, the
156 department may award grants for up to 75 50 percent of the total
157 infrastructure project cost or up to 100 percent of the total
158 infrastructure project cost for a project located in a rural
159 community or a rural area of opportunity as those terms are
160 defined in s. 288.0656(2) which is also located in a fiscally
161 constrained county as described in s. 218.67(1). Eligible
162 projects must be related to specific job-creation or job
163 retention opportunities. Eligible uses of funds projects may
164 also include improving any inadequate infrastructure that has
165 resulted in regulatory action that prohibits economic or
166 community growth, reducing the costs to community users of
167 proposed infrastructure improvements that exceed such costs in
168 comparable communities. Eligible uses of funds include, and
169 improving access to and the availability of broadband Internet
170 service; however, the funds may not be used to serve any retail
171 end user that already has access to broadband Internet service.
172 Eligible uses of funds also shall include improvements to public
173 infrastructure for industrial or commercial sites, upgrades to
174 or development of public tourism infrastructure, and
175 improvements to broadband Internet service and access in
176 unserved or underserved rural communities; however, the funds
177 may not be used to serve any retail end user that already has
178 access to broadband Internet service. Improvements to broadband
179 Internet service and access must be conducted through a
180 partnership or partnerships with one or more dealers, as defined
181 in s. 202.11(2), and the partnership or partnerships must be
182 established through a competitive selection process that is
183 publicly noticed. Authorized infrastructure may include the
184 following public or public-private partnership facilities: storm
185 water systems; telecommunications facilities; broadband
186 facilities; roads or other remedies to transportation
187 impediments; nature-based tourism facilities; or other physical
188 requirements necessary to facilitate tourism, trade, and
189 economic development activities in the community. Authorized
190 infrastructure may also include publicly or privately owned
191 self-powered nature-based tourism facilities, publicly owned
192 telecommunications facilities, and broadband facilities, and
193 additions to the distribution facilities of the existing natural
194 gas utility as defined in s. 366.04(3)(c), the existing electric
195 utility as defined in s. 366.02, or the existing water or
196 wastewater utility as defined in s. 367.021(12), or any other
197 existing water or wastewater facility, which owns a gas or
198 electric distribution system or a water or wastewater system in
199 this state where:
200 1. A contribution-in-aid of construction is required to
201 serve public or public-private partnership facilities under the
202 tariffs of any natural gas, electric, water, or wastewater
203 utility as defined herein; and
204 2. Such utilities as defined herein are willing and able to
205 provide such service.
206 (c) To facilitate timely response and induce the location
207 or expansion of specific job creating opportunities, The
208 department may award grants of up to $300,000 for infrastructure
209 feasibility studies, design and engineering activities, or other
210 infrastructure planning and preparation activities. Authorized
211 grants shall be up to $50,000 for an employment project with a
212 business committed to create at least 100 jobs; up to $150,000
213 for an employment project with a business committed to create at
214 least 300 jobs; and up to $300,000 for a project in a rural area
215 of opportunity. Grants awarded under this paragraph may be used
216 in conjunction with grants awarded under paragraph (b), provided
217 that the total amount of both grants does not exceed 30 percent
218 of the total project cost. In evaluating applications under this
219 paragraph, the department shall consider the extent to which the
220 application seeks to minimize administrative and consultant
221 expenses.
222 (e) To enable local governments to access the resources
223 available pursuant to s. 403.973(18), the department may award
224 grants for surveys, feasibility studies, and other activities
225 related to the identification and preclearance review of land
226 which is suitable for preclearance review. Authorized grants
227 under this paragraph do not require a local match and may not
228 exceed $75,000 each, except in the case of a project in a rural
229 area of opportunity, in which case the grant may not exceed
230 $300,000. Any funds awarded under this paragraph must be matched
231 at a level of 50 percent with local funds, except that any funds
232 awarded for a project in a rural area of opportunity must be
233 matched at a level of 33 percent with local funds. If an
234 application for funding is for a catalyst site, as defined in s.
235 288.0656, the requirement for local match may be waived pursuant
236 to the process in s. 288.06561. In evaluating applications under
237 this paragraph, the department shall consider the extent to
238 which the application seeks to minimize administrative and
239 consultant expenses.
240 (3) The department, in consultation with Enterprise
241 Florida, Inc., the Florida Tourism Industry Marketing
242 Corporation, the Department of Environmental Protection, and the
243 Florida Fish and Wildlife Conservation Commission, as
244 appropriate, shall review and certify applications pursuant to
245 s. 288.061. The review shall include an evaluation of the
246 economic benefit of the projects and their long-term viability.
247 The department shall have final approval for any grant under
248 this section.
249 Section 7. Paragraph (a) of subsection (1) of section
250 288.075, Florida Statutes, is amended to read:
251 288.075 Confidentiality of records.—
252 (1) DEFINITIONS.—As used in this section, the term:
253 (a) “Economic development agency” means:
254 1. The Department of Economic Opportunity;
255 2. Any industrial development authority created in
256 accordance with part III of chapter 159 or by special law;
257 3. Space Florida created in part II of chapter 331;
258 4. The public economic development agency of a county or
259 municipality or, if the county or municipality does not have a
260 public economic development agency, the county or municipal
261 officers or employees assigned the duty to promote the general
262 business interests or industrial interests of that county or
263 municipality or the responsibilities related thereto;
264 5. Any research and development authority created in
265 accordance with part V of chapter 159; or
266 6. Any private agency, person, partnership, corporation, or
267 business entity when authorized by the state, a municipality, or
268 a county to promote the general business interests or industrial
269 interests of the state or that municipality or county.
270 Section 8. Subsection (5) of section 288.9604, Florida
271 Statutes, is amended to read:
272 288.9604 Creation of the corporation.—
273 (5) This section is repealed July 1, 2023, and July 1 of
274 every fourth year thereafter, unless reviewed and saved from
275 repeal by the Legislature.
276 Section 9. Paragraph (b) of subsection (2) of section
277 288.980, Florida Statutes, is amended to read:
278 288.980 Military base retention; legislative intent; grants
279 program.—
280 (2)
281 (b)1. The department shall annually request military
282 installations in the state to provide the department with a list
283 of base buffering encroachment lands for fee simple or less
284 than-fee simple acquisitions before October 1.
285 2. The department shall submit the list of base buffering
286 encroachment lands to the Florida Defense Support Council Task
287 Force created in s. 288.987.
288 3. The Florida Defense Support Council Task Force shall,
289 annually by December 1, review the list of base buffering
290 encroachment lands submitted by the military installations and
291 provide its recommendations for ranking the lands for
292 acquisition to the department.
293 4. The department shall annually submit the list of base
294 buffering encroachment lands provided by the Florida Defense
295 Support Council Task Force to the Board of Trustees of the
296 Internal Improvement Trust Fund, which may acquire the lands
297 pursuant to s. 253.025. At a minimum, the annual list must
298 contain for each recommended land acquisition:
299 a. A legal description of the land and its property
300 identification number;
301 b. A detailed map of the land; and
302 c. A management and monitoring agreement to ensure the land
303 serves a base buffering purpose.
304 Section 10. Subsection (1) and paragraph (a) of subsection
305 (2) of section 288.985, Florida Statutes, are amended to read:
306 288.985 Exemptions from public records and public meetings
307 requirements.—
308 (1) The following records held by the Florida Defense
309 Support Council Task Force are exempt from s. 119.07(1) and s.
310 24(a), Art. I of the State Constitution:
311 (a) That portion of a record which relates to strengths and
312 weaknesses of military installations or military missions in
313 this state relative to the selection criteria for the
314 realignment and closure of military bases and missions under any
315 United States Department of Defense base realignment and closure
316 process.
317 (b) That portion of a record which relates to strengths and
318 weaknesses of military installations or military missions in
319 other states or territories and the vulnerability of such
320 installations or missions to base realignment or closure under
321 the United States Department of Defense base realignment and
322 closure process, and any agreements or proposals to relocate or
323 realign military units and missions from other states or
324 territories.
325 (c) That portion of a record which relates to the state’s
326 strategy to retain its military bases during any United States
327 Department of Defense base realignment and closure process and
328 any agreements or proposals to relocate or realign military
329 units and missions.
330 (2)(a) Meetings or portions of meetings of the Florida
331 Defense Support Council Task Force, or a workgroup of the
332 council task force, at which records are presented or discussed
333 that are exempt under subsection (1) are exempt from s. 286.011
334 and s. 24(b), Art. I of the State Constitution.
335 Section 11. Section 288.987, Florida Statutes, is amended
336 to read:
337 288.987 Florida Defense Support Council Task Force.—
338 (1) The Florida Defense Support Council Task Force is
339 created.
340 (2) The mission of the council task force is to make
341 recommendations to preserve and protect military installations
342 to support the state’s position in research and development
343 related to or arising out of military missions and contracting,
344 and to improve the state’s military-friendly environment for
345 servicemembers, military dependents, military retirees, and
346 businesses that bring military and base-related jobs to the
347 state.
348 (3) The council task force shall be comprised of the
349 Governor or his or her designee, and 12 members appointed as
350 follows:
351 (a) Four members appointed by the Governor.
352 (b) Four members appointed by the President of the Senate.
353 (c) Four members appointed by the Speaker of the House of
354 Representatives.
355 (d) Appointed members must represent defense-related
356 industries or communities that host military bases and
357 installations. All appointments must be made by August 1, 2011.
358 Members shall serve for a term of 4 years, with the first term
359 ending July 1, 2015. However, if members of the Legislature are
360 appointed to the council task force, those members shall serve
361 until the expiration of their legislative term and may be
362 reappointed once. A vacancy shall be filled for the remainder of
363 the unexpired term in the same manner as the initial
364 appointment. All members of the council are eligible for
365 reappointment. A member who serves in the Legislature may
366 participate in all council task force activities but may only
367 vote on matters that are advisory.
368 (4) The President of the Senate and the Speaker of the
369 House of Representatives shall each designate one of their
370 appointees to serve as chair of the council task force. The
371 chair shall rotate each July 1. The appointee designated by the
372 President of the Senate shall serve as initial chair. If the
373 Governor, instead of his or her designee, participates in the
374 activities of the council task force, then the Governor shall
375 serve as chair.
376 (5) The Secretary of Economic Opportunity, or his or her
377 designee, shall serve as the ex officio, nonvoting executive
378 director of the council task force.
379 (6) The council task force shall submit an annual progress
380 report and work plan to the Governor, the President of the
381 Senate, and the Speaker of the House of Representatives each
382 February 1.
383 (7) The department shall contract with the council task
384 force for expenditure of appropriated funds, which may be used
385 by the council task force for economic and product research and
386 development, joint planning with host communities to accommodate
387 military missions and prevent base encroachment, advocacy on the
388 state’s behalf with federal civilian and military officials,
389 assistance to school districts in providing a smooth transition
390 for large numbers of additional military-related students, job
391 training and placement for military spouses in communities with
392 high proportions of active duty military personnel, and
393 promotion of the state to military and related contractors and
394 employers. The council task force may annually spend up to
395 $250,000 of funds appropriated to the department for the council
396 task force for staffing and administrative expenses of the
397 council task force, including travel and per diem costs incurred
398 by council task force members who are not otherwise eligible for
399 state reimbursement.
400 Section 12. Section 446.71, Florida Statutes, is amended to
401 read:
402 446.71 Everglades Restoration Agricultural Community
403 Employment Training Program.—
404 (1) The Department of Economic Opportunity, in cooperation
405 with the state board as defined in s. 445.002, shall establish
406 the Everglades Restoration Agricultural Community Employment
407 Training Program within the Department of Economic Opportunity.
408 The Department of Economic Opportunity shall use funds
409 appropriated to the program by the Legislature to provide grants
410 to stimulate and support training and employment programs that
411 seek to match persons who complete such training programs to
412 nonagricultural employment opportunities in areas of high
413 agricultural unemployment, and to provide other training,
414 educational, and information services necessary to stimulate the
415 creation of jobs in the areas of high agricultural unemployment.
416 In determining whether to provide funds to a particular program,
417 the Department of Economic Opportunity shall consider the
418 location of the program in proximity to the program’s intended
419 participants.
420 (2) The Legislature supports projects that improve the
421 economy in the Everglades Agricultural Area. In recognition of
422 the employment opportunities and economic development generated
423 by new and expanding industries in the area, such as the
424 Airglades Airport in Hendry County and the development of an
425 inland port in Palm Beach County, the Legislature finds that
426 training the citizens of the state to fill the needs of these
427 industries significantly enhances the economic viability of the
428 region.
429 (2) As used in this section, the term:
430 (a) “Department” means the Department of Economic
431 Opportunity.
432 (b) “Employer-based training program” means a program
433 established by, or to be established by, a business in this
434 state that provides training for in-demand nonagricultural
435 occupations for its employees.
436 (c) “Everglades Agricultural Area” has the same meaning as
437 in s. 373.4592(15).
438 (d) “Institution-based training program” means a
439 certificate program or other program of study provided by a
440 public or private university, college, or technical or
441 vocational training institution which provides training for in
442 demand nonagricultural occupations.
443 (e) “Program” means the Everglades Restoration Agricultural
444 Community Employment Training Program.
445 (3) The department, in cooperation with the state board as
446 defined in s. 445.002, shall establish the Everglades
447 Restoration Agricultural Community Employment Training Program.
448 The department shall use funds appropriated to the program by
449 the Legislature to provide grants to stimulate and support
450 employer-based training programs and institution-based training
451 programs that seek to match persons who complete such training
452 programs to nonagricultural employment opportunities in the
453 Everglades Agricultural Area and any rural area of opportunity
454 as defined in s. 288.0656(2), which includes DeSoto, Glades,
455 Hardee, Hendry, Highlands, and Okeechobee Counties and the
456 cities of Belle Glade, Immokalee, Pahokee, and South Bay. The
457 department shall use program funds to provide training,
458 educational, and information services necessary to stimulate the
459 creation of jobs in the Everglades Agricultural Area and in any
460 rural area of opportunity as defined in s. 288.0656(2), which
461 includes DeSoto, Glades, Hardee, Hendry, Highlands, and
462 Okeechobee Counties and the cities of Belle Glade, Immokalee,
463 Pahokee, and South Bay. In determining whether to provide funds
464 to a particular employer-based training program or institution
465 based training program, the department must consider the
466 location of such training program in proximity to the program’s
467 intended participants.
468 (4) Program funds may be used to provide for grants for
469 tuition for institution-based training public or private
470 technical or vocational programs. Program funds may also be used
471 for and matching grants to employers to conduct employer-based
472 training programs. Funds may be used, or for the purchase of
473 equipment necessary to be used for training purposes, the hiring
474 of instructors, or any other purpose directly associated with
475 the employer-based training programs or institution-based
476 training programs. For the first 6 months of each fiscal year,
477 the department shall set aside up to 50 percent of the funds
478 appropriated to the program by the Legislature to fund employer
479 based training programs. At the end of the 6-month period, any
480 unused funds from the set-aside funds may be used to provide
481 funding for institution-based training programs program.
482 (5)(4) The department of Economic Opportunity may not award
483 a grant to any employer-based given training program if the
484 grant which exceeds 50 percent of the total cost of the program.
485 If, unless the employer-based training program is located within
486 a rural area of opportunity, the department may award a grant of
487 in which case the grant may exceed 50 percent of the total cost
488 of the program and up to 100 percent of program costs. Employer
489 matching contributions may include in-kind services, including,
490 but not limited to, the provision of training instructors,
491 equipment, and training facilities. The department must
492 prioritize grants to employer-based training programs that are
493 located in the Everglades Agricultural Area or in any rural area
494 of opportunity as defined in s. 288.0656(2), which includes
495 DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee
496 Counties and the cities of Belle Glade, Immokalee, Pahokee, and
497 South Bay.
498 (6)(5) Before awarding a grant pursuant to granting a
499 request for funds made in accordance with this section, the
500 department of Economic Opportunity shall enter into a grant
501 agreement with the employer or requester of funds and the
502 institution receiving funding through the program. Such
503 agreement must include all of the following information:
504 (a) An identification of the personnel necessary to conduct
505 the instructional program, the qualifications of such personnel,
506 and the respective responsibilities of the parties for paying
507 costs associated with the employment of such personnel.
508 (b) An identification of the estimated length of the
509 instructional program.
510 (c) An identification of all direct, training-related
511 costs, including tuition and fees, curriculum development, books
512 and classroom materials, and overhead or indirect costs.
513 (d) An identification of special program requirements that
514 are not otherwise addressed in the agreement.
515 (7)(6) The department of Economic Opportunity may grant up
516 to 100 percent of the tuition for an institution-based a
517 training program participant who currently resides, and has
518 resided for the preceding 12 months at least 3 of the 5
519 immediately preceding years, within the Everglades Agricultural
520 Area or in any rural area of opportunity as defined in s.
521 288.0656(2), which includes DeSoto, Glades, Hardee, Hendry,
522 Highlands, and Okeechobee Counties and the cities of Belle
523 Glade, Immokalee, Pahokee, and South Bay, as described in s.
524 373.4592 and in counties that provides provide for water storage
525 and dispersed water storage that are located in rural areas of
526 opportunity as described in s. 288.0656.
527 (8)(7) Employer-based training programs established in the
528 Everglades Agricultural Area or in any rural area of opportunity
529 as defined in s. 288.0656(2), which includes DeSoto, Glades,
530 Hardee, Hendry, Highlands, and Okeechobee Counties and the
531 cities of Belle Glade, Immokalee, Pahokee, and South Bay, must
532 include opportunities to obtain the qualifications and skills
533 necessary for jobs related to federal and state restoration
534 projects, the Airglades Airport in Hendry County, an inland port
535 in Palm Beach County, or other industries with a verifiable,
536 demonstrated interest in operating within the Everglades
537 Agricultural Area or in any rural area of opportunity as defined
538 in s. 288.0656(2), which includes DeSoto, Glades, Hardee,
539 Hendry, Highlands, and Okeechobee Counties and the cities of
540 Belle Glade, Immokalee, Pahokee, and South Bay, and in counties
541 that provides provide for water storage and dispersed water
542 storage that are located in rural areas of opportunity as
543 described in s. 288.0656.
544 (9)(8) The department may of Economic Opportunity shall
545 adopt rules to implement this section.
546 Section 13. Subsections (2) and (3) of section 695.03,
547 Florida Statutes, are amended to read:
548 695.03 Acknowledgment and proof; validation of certain
549 acknowledgments; legalization or authentication before foreign
550 officials.—To entitle any instrument concerning real property to
551 be recorded, the execution must be acknowledged by the party
552 executing it, proved by a subscribing witness to it, or
553 legalized or authenticated in one of the following forms:
554 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
555 acknowledgment or a proof taken, administered, or made outside
556 of this state but within the United States may be taken,
557 administered, or made by or before a civil-law notary of this
558 state or a commissioner of deeds appointed by the Secretary of
559 the Department of Economic Opportunity Governor of this state; a
560 judge or clerk of any court of the United States or of any
561 state, territory, or district; by or before a United States
562 commissioner or magistrate; or by or before any notary public,
563 justice of the peace, master in chancery, or registrar or
564 recorder of deeds of any state, territory, or district having a
565 seal, and the certificate of acknowledgment or proof must be
566 under the seal of the court or officer, as the case may be. If
567 the acknowledgment or proof is taken, administered, or made by
568 or before a notary public who does not affix a seal, it is
569 sufficient for the notary public to type, print, or write by
570 hand on the instrument, “I am a Notary Public of the State of
571 ...(state)..., and my commission expires on ...(date)....”
572 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
573 COUNTRIES.—An acknowledgment, an affidavit, an oath, a
574 legalization, an authentication, or a proof taken, administered,
575 or made outside the United States or in a foreign country may be
576 taken, administered, or made by or before a commissioner of
577 deeds appointed by the Secretary of the Department of Economic
578 Opportunity Governor of this state to act in such country;
579 before a notary public of such foreign country or a civil-law
580 notary of this state or of such foreign country who has an
581 official seal; before an ambassador, envoy extraordinary,
582 minister plenipotentiary, minister, commissioner, charge
583 d’affaires, consul general, consul, vice consul, consular agent,
584 or other diplomatic or consular officer of the United States
585 appointed to reside in such country; or before a military or
586 naval officer authorized by 10 U.S.C. s. 1044a to perform the
587 duties of notary public, and the certificate of acknowledgment,
588 legalization, authentication, or proof must be under the seal of
589 the officer. A certificate legalizing or authenticating the
590 signature of a person executing an instrument concerning real
591 property and to which a civil-law notary or notary public of
592 that country has affixed her or his official seal is sufficient
593 as an acknowledgment. For the purposes of this section, the term
594 “civil-law notary” means a civil-law notary as defined in
595 chapter 118 or an official of a foreign country who has an
596 official seal and who is authorized to make legal or lawful the
597 execution of any document in that jurisdiction, in which
598 jurisdiction the affixing of her or his official seal is deemed
599 proof of the execution of the document or deed in full
600 compliance with the laws of that jurisdiction.
601 Section 14. For the purpose of incorporating the amendment
602 made by this act to section 288.075, Florida Statutes, in a
603 reference thereto, paragraph (b) of subsection (2) of section
604 288.106, Florida Statutes, is reenacted to read:
605 288.106 Tax refund program for qualified target industry
606 businesses.—
607 (2) DEFINITIONS.—As used in this section:
608 (b) “Authorized local economic development agency” means a
609 public or private entity, including an entity defined in s.
610 288.075, authorized by a county or municipality to promote the
611 general business or industrial interests of that county or
612 municipality.
613 Section 15. This act shall take effect July 1, 2023.