Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1264
       
       
       
       
       
       
                                Ì747702!Î747702                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2025           .                                
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       The Committee on Commerce and Tourism (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 24.113, Florida Statutes, is repealed.
    6         Section 2. Section 186.501, Florida Statutes, is repealed.
    7         Section 3. Section 186.502, Florida Statutes, is repealed.
    8         Section 4. Section 186.503, Florida Statutes, is repealed.
    9         Section 5. Section 186.504, Florida Statutes, is repealed.
   10         Section 6. Section 186.505, Florida Statutes, is repealed.
   11         Section 7. Section 186.506, Florida Statutes, is repealed.
   12         Section 8. Section 186.507, Florida Statutes, is repealed.
   13         Section 9. Section 186.508, Florida Statutes, is repealed.
   14         Section 10. Section 186.509, Florida Statutes, is repealed.
   15         Section 11. Section 186.511, Florida Statutes, is repealed.
   16         Section 12. Section 186.512, Florida Statutes, is repealed.
   17         Section 13. Section 186.513, Florida Statutes, is repealed.
   18         Section 14. Section 186.515, Florida Statutes, is repealed.
   19         Section 15. Section 287.0931, Florida Statutes, is
   20  repealed.
   21         Section 16. Section 288.12266, Florida Statutes, is
   22  repealed.
   23         Section 17. Section 288.124, Florida Statutes, is repealed.
   24         Section 18. Section 288.706, Florida Statutes, is repealed.
   25         Section 19. Section 288.7094, Florida Statutes, is
   26  repealed.
   27         Section 20. Section 288.7102, Florida Statutes, is
   28  repealed.
   29         Section 21. Section 288.71025, Florida Statutes, is
   30  repealed.
   31         Section 22. Section 288.7103, Florida Statutes, is
   32  repealed.
   33         Section 23. Section 288.714, Florida Statutes, is repealed.
   34         Section 24. Section 331.351, Florida Statutes, is repealed.
   35         Section 25. Paragraphs (e) and (k) of subsection (4) and
   36  paragraph (a) of subsection (5) of section 20.60, Florida
   37  Statutes, are amended to read:
   38         20.60 Department of Commerce; creation; powers and duties.—
   39         (4) The purpose of the department is to assist the Governor
   40  in working with the Legislature, state agencies, business
   41  leaders, and economic development professionals to formulate and
   42  implement coherent and consistent policies and strategies
   43  designed to promote economic opportunities for all Floridians.
   44  The department is the state’s chief agency for business
   45  recruitment and expansion and economic development. To
   46  accomplish such purposes, the department shall:
   47         (e) Manage the activities of public-private partnerships
   48  and state agencies in order to avoid duplication and promote
   49  coordinated and consistent implementation of programs in areas
   50  including, but not limited to, tourism; international trade and
   51  investment; business recruitment, creation, retention, and
   52  expansion; minority and small business development; business
   53  development in rural or urban areas; defense, space, and
   54  aerospace development; rural community development; and the
   55  development and promotion of professional and amateur sporting
   56  events.
   57         (k) Assist, promote, and enhance economic opportunities for
   58  this state’s minority-owned businesses and rural or and urban
   59  communities.
   60         (5) The divisions within the department have specific
   61  responsibilities to achieve the duties, responsibilities, and
   62  goals of the department. Specifically:
   63         (a) The Division of Economic Development shall:
   64         1. Analyze and evaluate business prospects identified by
   65  the Governor and the secretary.
   66         2. Administer certain tax refund, tax credit, and grant
   67  programs created in law. Notwithstanding any other provision of
   68  law, the department may expend interest earned from the
   69  investment of program funds deposited in the Grants and
   70  Donations Trust Fund to contract for the administration of those
   71  programs, or portions of the programs, assigned to the
   72  department by law, by the appropriations process, or by the
   73  Governor. Such expenditures are shall be subject to review under
   74  chapter 216.
   75         3. Develop measurement protocols for the state incentive
   76  programs and for the contracted entities which will be used to
   77  determine their performance and competitive value to the state.
   78  Performance measures, benchmarks, and sanctions must be
   79  developed in consultation with the legislative appropriations
   80  committees and the appropriate substantive committees, and are
   81  subject to the review and approval process provided in s.
   82  216.177. The approved performance measures, standards, and
   83  sanctions must shall be included and made a part of the
   84  strategic plan for contracts entered into for delivery of
   85  programs authorized by this section.
   86         4. Develop a 5-year statewide strategic plan. The strategic
   87  plan must include, but need not be limited to:
   88         a. Strategies for the promotion of business formation,
   89  expansion, recruitment, and retention through aggressive
   90  marketing, attraction of venture capital and finance
   91  development, domestic trade, international development, and
   92  export assistance, which lead to more and better jobs and higher
   93  wages for all geographic regions, disadvantaged communities, and
   94  populations of the state, including rural areas, minority
   95  businesses, and urban core areas.
   96         b. The development of realistic policies and programs to
   97  further the economic diversity of the state, its regions, and
   98  their associated industrial clusters.
   99         c. Specific provisions for the stimulation of economic
  100  development and job creation in rural areas and midsize cities
  101  and counties of the state, including strategies for rural
  102  marketing and the development of infrastructure in rural areas.
  103         d. Provisions for the promotion of the successful long-term
  104  economic development of the state with increased emphasis in
  105  market research and information.
  106         e. Plans for the generation of foreign investment in the
  107  state which create jobs paying above-average wages and which
  108  result in reverse investment in the state, including programs
  109  that establish viable overseas markets, assist in meeting the
  110  financing requirements of export-ready firms, broaden
  111  opportunities for international joint venture relationships, use
  112  the resources of academic and other institutions, coordinate
  113  trade assistance and facilitation services, and facilitate
  114  availability of and access to education and training programs
  115  that assure requisite skills and competencies necessary to
  116  compete successfully in the global marketplace.
  117         f. The identification of business sectors that are of
  118  current or future importance to the state’s economy and to the
  119  state’s global business image, and development of specific
  120  strategies to promote the development of such sectors.
  121         g. Strategies for talent development necessary in the state
  122  to encourage economic development growth, taking into account
  123  factors such as the state’s talent supply chain, education and
  124  training opportunities, and available workforce.
  125         h. Strategies and plans to support this state’s defense,
  126  space, and aerospace industries and the emerging complementary
  127  business activities and industries that support the development
  128  and growth of defense, space, and aerospace in this state.
  129         5. Update the strategic plan every 5 years.
  130         6. Involve CareerSource Florida, Inc.; direct-support
  131  organizations of the department; local governments; the general
  132  public; local and regional economic development organizations;
  133  other local, state, and federal economic, international, and
  134  workforce development entities; the business community; and
  135  educational institutions to assist with the strategic plan.
  136         7. Coordinate with the Florida Tourism Industry Marketing
  137  Corporation in the development of the 4-year marketing plan
  138  pursuant to s. 288.1226(13).
  139         8. Administer and manage relationships, as appropriate,
  140  with the entities and programs created pursuant to the Florida
  141  Capital Formation Act, ss. 288.9621-288.96255.
  142         9. Establish the Office of Secure Florida. The office is
  143  responsible for administering and enforcing:
  144         a. E-Verify and employment authorization compliance, as set
  145  forth in ss. 448.09 and 448.095.
  146         b. The prohibition against the purchase and registration of
  147  real property in this state by foreign principals, as set forth
  148  in ss. 692.203 and 692.204.
  149         Section 26. Paragraph (r) of subsection (5) of section
  150  212.08, Florida Statutes, is amended to read:
  151         212.08 Sales, rental, use, consumption, distribution, and
  152  storage tax; specified exemptions.—The sale at retail, the
  153  rental, the use, the consumption, the distribution, and the
  154  storage to be used or consumed in this state of the following
  155  are hereby specifically exempt from the tax imposed by this
  156  chapter.
  157         (5) EXEMPTIONS; ACCOUNT OF USE.—
  158         (r) Data center property.—
  159         1. As used in this paragraph, the term:
  160         a. “Critical IT load” means that portion of electric power
  161  capacity, expressed in terms of megawatts, which is reserved
  162  solely for owners or tenants of a data center to operate their
  163  computer server equipment. The term does not include any
  164  ancillary load for cooling, lighting, common areas, or other
  165  equipment.
  166         b. “Cumulative capital investment” means the combined total
  167  of all expenses incurred by the owners or tenants of a data
  168  center after July 1, 2017, in connection with acquiring,
  169  constructing, installing, equipping, or expanding the data
  170  center. However, the term does not include any expenses incurred
  171  in the acquisition of improved real property operating as a data
  172  center at the time of acquisition or within 6 months before the
  173  acquisition.
  174         c. “Data center” means a facility that:
  175         (I) Consists of one or more contiguous parcels in this
  176  state, along with the buildings, substations and other
  177  infrastructure, fixtures, and personal property located on the
  178  parcels;
  179         (II) Is used exclusively to house and operate equipment
  180  that receives, stores, aggregates, manages, processes,
  181  transforms, retrieves, researches, or transmits data; or that is
  182  necessary for the proper operation of equipment that receives,
  183  stores, aggregates, manages, processes, transforms, retrieves,
  184  researches, or transmits data;
  185         (III) Has a critical IT load of 15 megawatts or higher, and
  186  a critical IT load of 1 megawatt or higher dedicated to each
  187  individual owner or tenant within the data center; and
  188         (IV) Is constructed on or after July 1, 2017.
  189         d. “Data center property” means property used exclusively
  190  at a data center to construct, outfit, operate, support, power,
  191  cool, dehumidify, secure, or protect a data center and any
  192  contiguous dedicated substations. The term includes, but is not
  193  limited to, construction materials, component parts, machinery,
  194  equipment, computers, servers, installations, redundancies, and
  195  operating or enabling software, including any replacements,
  196  updates and new versions, and upgrades to or for such property,
  197  regardless of whether the property is a fixture or is otherwise
  198  affixed to or incorporated into real property. The term also
  199  includes electricity used exclusively at a data center.
  200         2. Data center property is exempt from the tax imposed by
  201  this chapter, except for the tax imposed by s. 212.031. To be
  202  eligible for the exemption provided by this paragraph, the data
  203  center’s owners and tenants must make a cumulative capital
  204  investment of $150 million or more for the data center and the
  205  data center must have a critical IT load of 15 megawatts or
  206  higher and a critical IT load of 1 megawatt or higher dedicated
  207  to each individual owner or tenant within the data center. Each
  208  of these requirements must be satisfied no later than 5 years
  209  after the commencement of construction of the data center.
  210         3.a. To receive the exemption provided by this paragraph,
  211  the person seeking the exemption must apply to the department
  212  for a temporary tax exemption certificate. The application must
  213  state that a qualifying data center designation is being sought
  214  and provide information that the requirements of subparagraph 2.
  215  will be met. Upon a tentative determination by the department
  216  that the data center will meet the requirements of subparagraph
  217  2., the department must issue the certificate.
  218         b.(I) The certificateholder shall maintain all necessary
  219  books and records to support the exemption provided by this
  220  paragraph. Upon satisfaction of all requirements of subparagraph
  221  2., the certificateholder must deliver the temporary tax
  222  certificate to the department together with documentation
  223  sufficient to show the satisfaction of the requirements. Such
  224  documentation must include written declarations, pursuant to s.
  225  92.525, from:
  226         (A) A professional engineer, licensed pursuant to chapter
  227  471, certifying that the critical IT load requirement set forth
  228  in subparagraph 2. has been satisfied at the data center; and
  229         (B) A Florida certified public accountant, as defined in s.
  230  473.302, certifying that the cumulative capital investment
  231  requirement set forth in subparagraph 2. has been satisfied for
  232  the data center.
  233  
  234  The professional engineer and the Florida certified public
  235  accountant may not be professionally related with the data
  236  center’s owners, tenants, or contractors, except that they may
  237  be retained by a data center owner to certify that the
  238  requirements of subparagraph 2. have been met.
  239         (II) If the department determines that the subparagraph 2.
  240  requirements have been satisfied, the department must issue a
  241  permanent tax exemption certificate.
  242         (III) Notwithstanding s. 212.084(4), the permanent tax
  243  exemption certificate remains valid and effective for as long as
  244  the data center described in the exemption application continues
  245  to operate as a data center as defined in subparagraph 1., with
  246  review by the department every 5 years to ensure compliance. As
  247  part of the review, the certificateholder shall, within 3 months
  248  before the end of any 5-year period, submit a written
  249  declaration, pursuant to s. 92.525, certifying that the critical
  250  IT load of 15 megawatts or higher and the critical IT load of 1
  251  megawatt or higher dedicated to each individual owner or tenant
  252  within the data center required by subparagraph 2. continues to
  253  be met. All owners, tenants, contractors, and others purchasing
  254  exempt data center property shall maintain all necessary books
  255  and records to support the exemption as to those purchases.
  256         (IV) Notwithstanding s. 213.053, the department may share
  257  information concerning a temporary or permanent data center
  258  exemption certificate among all owners, tenants, contractors,
  259  and others purchasing exempt data center property pursuant to
  260  such certificate.
  261         c. If, in an audit conducted by the department, it is
  262  determined that the certificateholder or any owners, tenants,
  263  contractors, or others purchasing, renting, or leasing data
  264  center property do not meet the criteria of this paragraph, the
  265  amount of taxes exempted at the time of purchase, rental, or
  266  lease is immediately due and payable to the department from the
  267  purchaser, renter, or lessee of those particular items, together
  268  with the appropriate interest and penalty computed from the date
  269  of purchase in the manner prescribed by this chapter.
  270  Notwithstanding s. 95.091(3)(a), any tax due as provided in this
  271  sub-subparagraph may be assessed by the department within 6
  272  years after the date the data center property was purchased.
  273         d. Purchasers, lessees, and renters of data center property
  274  who qualify for the exemption provided by this paragraph shall
  275  obtain from the data center a copy of the tax exemption
  276  certificate issued pursuant to sub-subparagraph a. or sub
  277  subparagraph b. Before or at the time of purchase of the item or
  278  items eligible for exemption, the purchaser, lessee, or renter
  279  shall provide to the seller a copy of the tax exemption
  280  certificate and a signed certificate of entitlement. Purchasers,
  281  lessees, and renters with self-accrual authority shall maintain
  282  all documentation necessary to prove the exempt status of
  283  purchases.
  284         e. For any purchase, lease, or rental of property that is
  285  exempt pursuant to this paragraph, the possession of a copy of a
  286  tax exemption certificate issued pursuant to sub-subparagraph a.
  287  or sub-subparagraph b. and a signed certificate of entitlement
  288  relieves the seller of the responsibility of collecting the tax
  289  on the sale, lease, or rental of such property, and the
  290  department must look solely to the purchaser, renter, or lessee
  291  for recovery of the tax if it determines that the purchase,
  292  rental, or lease was not entitled to the exemption.
  293         4. After June 30, 2027, the department may not issue a
  294  temporary tax exemption certificate pursuant to this paragraph.
  295         Section 27. Paragraph (b) of subsection (1) of section
  296  215.559, Florida Statutes, is amended to read:
  297         215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
  298  Mitigation Program is established in the Division of Emergency
  299  Management.
  300         (1) The Legislature shall annually appropriate $10 million
  301  of the moneys authorized for appropriation under s.
  302  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
  303  division for the purposes set forth in this section. Of the
  304  amount:
  305         (b) Three million dollars in funds shall be used to
  306  construct or retrofit facilities used as public hurricane
  307  shelters. Each year the division shall prioritize the use of
  308  these funds for projects included in the annual report of the
  309  Shelter Development Report prepared in accordance with s.
  310  252.385(3). The division must give funding priority to projects
  311  in regional planning council regions, as such regions existed on
  312  January 1, 2025, that have shelter deficits and to projects that
  313  maximize the use of state funds.
  314         Section 28. Paragraph (b) of subsection (2) and subsection
  315  (3) of section 252.385, Florida Statutes, are amended to read:
  316         252.385 Public shelter space; public records exemption.—
  317         (2)
  318         (b) By January 31 of each even-numbered year, the division
  319  shall prepare and submit a statewide emergency shelter plan to
  320  the Governor and Cabinet for approval, subject to the
  321  requirements for approval in s. 1013.37(2). The emergency
  322  shelter plan must project, for each of the next 5 years, the
  323  hurricane shelter needs of the state, including periods of time
  324  during which a concurrent public health emergency may
  325  necessitate more space for each individual to accommodate
  326  physical distancing. In addition to information on the general
  327  shelter needs throughout this state, the plan must identify the
  328  general location and square footage of special needs shelters
  329  annually through 2030, by regional planning council region. The
  330  plan must also include information on the availability of
  331  shelters that accept pets. The Department of Health shall assist
  332  the division in determining the estimated need for special needs
  333  shelter space and the adequacy of facilities to meet the needs
  334  of persons with special needs based on information from the
  335  registries of persons with special needs and other information.
  336         (3) The division shall annually provide to the President of
  337  the Senate, the Speaker of the House of Representatives, and the
  338  Governor a list of facilities recommended to be retrofitted
  339  using state funds. State funds must should be maximized and
  340  targeted to regional planning council regions, as such regions
  341  existed on January 1, 2025, with hurricane evacuation shelter
  342  deficits. The owner or lessee of a public hurricane evacuation
  343  shelter that is included on the list of facilities recommended
  344  for retrofitting is not required to perform any recommended
  345  improvements.
  346         Section 29. Paragraph (d) of subsection (21) of section
  347  253.025, Florida Statutes, is amended to read:
  348         253.025 Acquisition of state lands.—
  349         (21)
  350         (d) A conveyance at less than appraised value must state
  351  that the land will revert to the board of trustees if the land
  352  is not used for its intended purposes as a military installation
  353  buffer or if the military installation closes. Federal
  354  Government agencies, including the Department of Defense and its
  355  subordinate Departments of the Army, Navy, and Air Force, and
  356  the Department of Homeland Security’s United States Coast Guard,
  357  are exempt from this paragraph if the primary purpose of
  358  remaining as a military installation buffer continues, even
  359  though the specific military purpose, mission, and function on
  360  the conveyed land is modified or changes from that which was
  361  present or proposed at the time of the conveyance.
  362         Section 30. Subsection (18) of section 287.012, Florida
  363  Statutes, is amended to read:
  364         287.012 Definitions.—As used in this part, the term:
  365         (18) “Minority business enterprise” has the same meaning as
  366  provided in s. 288.703.
  367         Section 31. Paragraph (a) of subsection (2) and paragraph
  368  (b) of subsection (3) of section 287.042, Florida Statutes, are
  369  amended to read:
  370         287.042 Powers, duties, and functions.—The department shall
  371  have the following powers, duties, and functions:
  372         (2)(a) To establish purchasing agreements and procure state
  373  term contracts for commodities and contractual services,
  374  pursuant to s. 287.057, under which state agencies shall, and
  375  eligible users may, make purchases pursuant to s. 287.056. The
  376  department may restrict purchases from some term contracts to
  377  state agencies only for those term contracts where the inclusion
  378  of other governmental entities will have an adverse effect on
  379  competition or to those federal facilities located in this
  380  state. In such planning or purchasing the Office of Supplier
  381  Development Diversity may monitor to ensure that opportunities
  382  are afforded for contracting with rural or urban minority
  383  business enterprises. The department, for state term contracts,
  384  and all agencies, for multiyear contractual services or term
  385  contracts, shall explore reasonable and economical means to
  386  utilize certified rural or urban minority business enterprises.
  387  Purchases by any county, municipality, private nonprofit
  388  community transportation coordinator designated pursuant to
  389  chapter 427, while conducting business related solely to the
  390  Commission for the Transportation Disadvantaged, or other local
  391  public agency under the provisions in the state purchasing
  392  contracts, and purchases, from the corporation operating the
  393  correctional work programs, of products or services that are
  394  subject to paragraph (1)(f), are exempt from the competitive
  395  solicitation requirements otherwise applying to their purchases.
  396         (3) To establish a system of coordinated, uniform
  397  procurement policies, procedures, and practices to be used by
  398  agencies in acquiring commodities and contractual services,
  399  which shall include, but not be limited to:
  400         (b)1. Development of procedures for advertising
  401  solicitations. These procedures must provide for electronic
  402  posting of solicitations for at least 10 days before the date
  403  set for receipt of bids, proposals, or replies, unless the
  404  department or other agency determines in writing that a shorter
  405  period of time is necessary to avoid harming the interests of
  406  the state. The Office of Supplier Development Diversity may
  407  consult with the department regarding the development of
  408  solicitation distribution procedures to ensure that maximum
  409  distribution is afforded to certified rural or urban minority
  410  business enterprises as defined in s. 288.703.
  411         2. Development of procedures for electronic posting. The
  412  department shall designate a centralized website on the Internet
  413  for the department and other agencies to electronically post
  414  solicitations, decisions or intended decisions, and other
  415  matters relating to procurement.
  416         Section 32. Section 287.09451, Florida Statutes, is amended
  417  to read:
  418         287.09451 Office of Supplier Development Diversity; powers,
  419  duties, and functions.—
  420         (1) The Legislature finds that there is evidence of a
  421  systematic pattern of past and continuing racial discrimination
  422  against rural or urban minority business enterprises and a
  423  disparity in the availability and use of such rural or urban
  424  minority business enterprises in the state procurement system.
  425  It is determined to be a compelling state interest to rectify
  426  such discrimination and disparity. Based upon statistical data
  427  profiling this discrimination, the Legislature has enacted race
  428  conscious and gender-conscious remedial programs to ensure rural
  429  or urban minority participation in the economic life of the
  430  state, in state contracts for the purchase of commodities and
  431  services, and in construction contracts. The purpose and intent
  432  of this section is to increase participation by minority
  433  business enterprises in rural or urban areas, accomplished by
  434  encouraging the use of such rural or urban minority business
  435  enterprises and the entry of new and diversified rural or urban
  436  minority business enterprises into the marketplace.
  437         (2) The Office of Supplier Development Diversity is
  438  established within the Department of Management Services to
  439  assist minority business enterprises located in rural or urban
  440  areas in becoming suppliers of commodities, services, and
  441  construction to state government.
  442         (3) The secretary shall appoint an executive director for
  443  the Office of Supplier Development Diversity, who shall serve at
  444  the pleasure of the secretary.
  445         (4) The Office of Supplier Development has Diversity shall
  446  have the following powers, duties, and functions:
  447         (a) To adopt rules to determine what constitutes a “good
  448  faith effort” for purposes of state agency compliance with the
  449  rural or urban minority business enterprise procurement goals
  450  set forth in s. 287.042. Factors which must shall be considered
  451  by the Minority Business Enterprise Assistance Office in
  452  determining good faith effort must shall include, but are not be
  453  limited to:
  454         1. Whether the agency scheduled presolicitation or prebid
  455  meetings for the purpose of informing rural or urban minority
  456  business enterprises of contracting and subcontracting
  457  opportunities.
  458         2. Whether the contractor advertised in general
  459  circulation, trade association, or rural-focused or urban
  460  focused minority-focus media concerning the subcontracting
  461  opportunities.
  462         3. Whether the agency effectively used services and
  463  resources of available rural or urban minority community
  464  organizations; minority contractors’ groups located in rural or
  465  urban areas; local, state, and federal minority business
  466  assistance offices urban businesses located in rural or urban
  467  areas; and other organizations that provide assistance in the
  468  recruitment and placement of rural or urban minority business
  469  enterprises or minority persons.
  470         4. Whether the agency provided written notice to a
  471  reasonable number of rural or urban minority business
  472  enterprises that their interest in contracting with the agency
  473  was being solicited in sufficient time to allow the rural or
  474  urban minority business enterprises to participate effectively.
  475         (b) To adopt rules to determine what constitutes a “good
  476  faith effort” for purposes of contractor compliance with
  477  contractual requirements relating to the use of services or
  478  commodities of a rural or urban minority business enterprise
  479  under s. 287.094(2). Factors which must shall be considered by
  480  the Office of Supplier Development Diversity in determining
  481  whether a contractor has made good faith efforts must shall
  482  include, but are not be limited to:
  483         1. Whether the contractor attended any presolicitation or
  484  prebid meetings that were scheduled by the agency to inform
  485  rural or urban minority business enterprises of contracting and
  486  subcontracting opportunities.
  487         2. Whether the contractor advertised in general
  488  circulation, trade association, or rural-focused or urban
  489  focused minority-focus media concerning the subcontracting
  490  opportunities.
  491         3. Whether the contractor provided written notice to a
  492  reasonable number of specific rural or urban minority business
  493  enterprises that their interest in the contract was being
  494  solicited in sufficient time to allow the rural or urban
  495  minority business enterprises to participate effectively.
  496         4. Whether the contractor followed up initial solicitations
  497  of interest by contacting rural or urban minority business
  498  enterprises or minority persons to determine with certainty
  499  whether the rural or urban minority business enterprises or
  500  minority persons were interested.
  501         5. Whether the contractor selected portions of the work to
  502  be performed by rural or urban minority business enterprises in
  503  order to increase the likelihood of meeting the rural or urban
  504  minority business enterprise procurement goals, including, where
  505  appropriate, breaking down contracts into economically feasible
  506  units to facilitate rural or urban minority business enterprise
  507  participation.
  508         6. Whether the contractor provided interested rural or
  509  urban minority business enterprises or minority persons with
  510  adequate information about the plans, specifications, and
  511  requirements of the contract or the availability of jobs.
  512         7. Whether the contractor negotiated in good faith with
  513  interested rural or urban minority business enterprises or
  514  minority persons, not rejecting rural or urban minority business
  515  enterprises or minority persons as unqualified without sound
  516  reasons based on a thorough investigation of their capabilities.
  517         8. Whether the contractor effectively used the services of
  518  available rural or urban minority community organizations; rural
  519  or urban minority contractors’ groups; local, state, and federal
  520  rural or urban minority business assistance offices; and other
  521  organizations that provide assistance in the recruitment and
  522  placement of rural or urban minority business enterprises or
  523  minority persons.
  524         (c) To adopt rules and do all things necessary or
  525  convenient to guide all state agencies toward making
  526  expenditures for commodities, contractual services,
  527  construction, and architectural and engineering services with
  528  certified rural or urban minority business enterprises in
  529  accordance with the rural or urban minority business enterprise
  530  procurement goals set forth in s. 287.042.
  531         (d) To monitor the degree to which agencies procure
  532  services, commodities, and construction from rural or urban
  533  minority business enterprises in conjunction with the Department
  534  of Financial Services as specified in s. 17.11.
  535         (e) To receive and disseminate information relative to
  536  procurement opportunities, availability of rural or urban
  537  minority business enterprises, and technical assistance.
  538         (f) To advise agencies on methods and techniques for
  539  achieving procurement objectives.
  540         (g) To provide a central rural or urban minority business
  541  enterprise certification process which includes independent
  542  verification of status as a rural or urban minority business
  543  enterprise.
  544         (h) To develop procedures to investigate complaints against
  545  rural or urban minority business enterprises or contractors
  546  alleged to violate any provision related to this section or s.
  547  287.0943, that may include visits to worksites or business
  548  premises, and to refer all information on businesses suspected
  549  of misrepresenting its rural or urban minority status to the
  550  Department of Management Services for investigation. When an
  551  investigation is completed and there is reason to believe that a
  552  violation has occurred, the matter shall be referred to the
  553  office of the Attorney General, Department of Legal Affairs, for
  554  prosecution.
  555         (i) To maintain a directory of all rural or urban minority
  556  business enterprises which have been certified and provide this
  557  information to any agency or business requesting it.
  558         (j) To encourage all firms which do more than $1 million in
  559  business with the state within a 12-month period to develop,
  560  implement, and submit to this office a rural or urban minority
  561  business development plan.
  562         (k) To communicate on a monthly basis with the Small and
  563  Minority Business Advisory Council to keep the council informed
  564  on issues relating to rural or urban minority enterprise
  565  procurement.
  566         (l) To serve as an advocate for rural or urban minority
  567  business enterprises, and coordinate with the small, rural and
  568  minority business ombudsman, as defined in s. 288.703, which
  569  duties shall include:
  570         1. Ensuring that agencies supported by state funding
  571  effectively target the delivery of services and resources, as
  572  related to rural or urban minority business enterprises.
  573         2. Establishing standards within each industry with which
  574  the state government contracts on how agencies and contractors
  575  may provide the maximum practicable opportunity for rural or
  576  urban minority business enterprises.
  577         3. Assisting agencies and contractors by providing outreach
  578  to rural or urban minority businesses, by specifying and
  579  monitoring technical and managerial competence for rural or
  580  urban minority business enterprises, and by consulting in
  581  planning of agency procurement to determine how best to provide
  582  opportunities for rural or urban minority business enterprises.
  583         4. Integrating technical and managerial assistance for
  584  rural or urban minority business enterprises with government
  585  contracting opportunities.
  586         (m) To certify rural or urban minority business
  587  enterprises, as defined in s. 288.703, and as specified in ss.
  588  287.0943 and 287.09431, and shall recertify such rural or urban
  589  minority businesses at least once every 2 years. Rural or urban
  590  Minority business enterprises must be recertified at least once
  591  every 2 years. Such certifications may include an electronic
  592  signature.
  593         (n)1. To develop procedures to be used by an agency in
  594  identifying commodities, contractual services, architectural and
  595  engineering services, and construction contracts, except those
  596  architectural, engineering, construction, or other related
  597  services or contracts subject to the provisions of chapter 339,
  598  that could be provided by rural or urban minority business
  599  enterprises. Each agency is encouraged to spend 21 percent of
  600  the moneys actually expended for construction contracts, 25
  601  percent of the moneys actually expended for architectural and
  602  engineering contracts, 24 percent of the moneys actually
  603  expended for commodities, and 50.5 percent of the moneys
  604  actually expended for contractual services during the previous
  605  fiscal year, except for the state university construction
  606  program which are shall be based upon public education capital
  607  outlay projections for the subsequent fiscal year, and reported
  608  to the Legislature pursuant to s. 216.023, for the purpose of
  609  entering into contracts with certified rural or urban minority
  610  business enterprises as defined in s. 288.703, or approved joint
  611  ventures. However, in the event of budget reductions pursuant to
  612  s. 216.221, the base amounts may be adjusted to reflect such
  613  reductions. The overall spending goal for each industry category
  614  shall be subdivided as follows:
  615         a. For construction contracts: 4 percent for black
  616  Americans, 6 percent for Hispanic-Americans, and 11 percent for
  617  American women.
  618         b. For architectural and engineering contracts: 9 percent
  619  for Hispanic-Americans, 1 percent for Asian-Americans, and 15
  620  percent for American women.
  621         c. For commodities: 2 percent for black Americans, 4
  622  percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
  623  0.5 percent for Native Americans, and 17 percent for American
  624  women.
  625         d. For contractual services: 6 percent for black Americans,
  626  7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
  627  0.5 percent for Native Americans, and 36 percent for American
  628  women.
  629         2. For the purposes of commodities contracts for the
  630  purchase of equipment to be used in the construction and
  631  maintenance of state transportation facilities involving the
  632  Department of Transportation, the term termscertified rural or
  633  urban minority business enterprise” has the same meaning as and
  634  “minority person” have the same meanings as provided in s.
  635  288.703. In order to ensure that the goals established under
  636  this paragraph for contracting with certified rural or urban
  637  minority business enterprises are met, the department, with the
  638  assistance of the Office of Supplier Development Diversity,
  639  shall make recommendations to the Legislature on revisions to
  640  the goals, based on an updated statistical analysis, at least
  641  once every 5 years. Such recommendations must shall be based on
  642  statistical data indicating the availability of and disparity in
  643  the use of rural or urban minority businesses contracting with
  644  the state.
  645         3. In determining the base amounts for assessing compliance
  646  with this paragraph, the Office of Supplier Development
  647  Diversity may develop, by rule, guidelines for all agencies to
  648  use in establishing such base amounts. These rules must include,
  649  but are not limited to, guidelines for calculation of base
  650  amounts, a deadline for the agencies to submit base amounts, a
  651  deadline for approval of the base amounts by the Office of
  652  Supplier Development Diversity, and procedures for adjusting the
  653  base amounts as a result of budget reductions made pursuant to
  654  s. 216.221.
  655         4. To determine guidelines for the use of price
  656  preferences, weighted preference formulas, or other preferences,
  657  as appropriate to the particular industry or trade, to increase
  658  the participation of rural or urban minority businesses in state
  659  contracting. These guidelines must shall include consideration
  660  of:
  661         a. Size and complexity of the project.
  662         b. The concentration of transactions with rural or urban
  663  minority business enterprises for the commodity or contractual
  664  services in question in prior agency contracting.
  665         c. The specificity and definition of work allocated to
  666  participating rural or urban minority business enterprises.
  667         d. The capacity of participating rural or urban minority
  668  business enterprises to complete the tasks identified in the
  669  project.
  670         e. The available pool of rural or urban minority business
  671  enterprises as prime contractors, either alone or as partners in
  672  an approved joint venture that serves as the prime contractor.
  673         5. To determine guidelines for use of joint ventures to
  674  meet rural or urban minority business enterprises spending
  675  goals. For purposes of this section, the term “joint venture”
  676  means any association of two or more business concerns to carry
  677  out a single business enterprise for profit, for which purpose
  678  they combine their property, capital, efforts, skills, and
  679  knowledge. The guidelines must shall allow transactions with
  680  joint ventures to be eligible for credit against the rural or
  681  urban minority business enterprise goals of an agency when the
  682  contracting joint venture demonstrates that at least one partner
  683  to the joint venture is a certified rural or urban minority
  684  business enterprise as defined in s. 288.703, and that such
  685  partner is responsible for a clearly defined portion of the work
  686  to be performed, and shares in the ownership, control,
  687  management, responsibilities, risks, and profits of the joint
  688  venture. Such demonstration must shall be by verifiable
  689  documents and sworn statements and may be reviewed by the Office
  690  of Supplier Development Diversity at or before the time a
  691  contract bid, proposal, or reply is submitted. An agency may
  692  count toward its rural or urban minority business enterprise
  693  goals a portion of the total dollar amount of a contract equal
  694  to the percentage of the ownership and control held by the
  695  qualifying certified rural or urban minority business partners
  696  in the contracting joint venture, so long as the joint venture
  697  meets the guidelines adopted by the office.
  698         (o)1. To establish a system to record and measure the use
  699  of certified rural or urban minority business enterprises in
  700  state contracting. This system must shall maintain information
  701  and statistics on certified rural or urban minority business
  702  enterprise participation, awards, dollar volume of expenditures
  703  and agency goals, and other appropriate types of information to
  704  analyze progress in the access of certified rural or urban
  705  minority business enterprises to state contracts and to monitor
  706  agency compliance with this section. Such reporting must
  707  include, but is not limited to, the identification of all
  708  subcontracts in state contracting by dollar amount and by number
  709  of subcontracts and the identification of the utilization of
  710  certified rural or urban minority business enterprises as prime
  711  contractors and subcontractors by dollar amounts of contracts
  712  and subcontracts, number of contracts and subcontracts, minority
  713  status, industry, and any conditions or circumstances that
  714  significantly affected the performance of subcontractors.
  715  Agencies shall report their compliance with the requirements of
  716  this reporting system at least annually and at the request of
  717  the office. All agencies shall cooperate with the office in
  718  establishing this reporting system. Except in construction
  719  contracting, all agencies shall review contracts costing in
  720  excess of CATEGORY FOUR as defined in s. 287.017 to determine
  721  whether if such contracts could be divided into smaller
  722  contracts to be separately solicited and awarded, and shall,
  723  when economical, offer such smaller contracts to encourage rural
  724  or urban minority participation.
  725         2. To report agency compliance with the provisions of
  726  subparagraph 1. for the preceding fiscal year to the Governor
  727  and Cabinet, the President of the Senate, and the Speaker of the
  728  House of Representatives on or before February 1 of each year.
  729  The report must contain, at a minimum, the following:
  730         a. Total expenditures of each agency by industry.
  731         b. The dollar amount and percentage of contracts awarded to
  732  certified rural or urban minority business enterprises by each
  733  state agency.
  734         c. The dollar amount and percentage of contracts awarded
  735  indirectly to certified rural or urban minority business
  736  enterprises as subcontractors by each state agency.
  737         d. The total dollar amount and percentage of contracts
  738  awarded to certified rural or urban minority business
  739  enterprises, whether directly or indirectly, as subcontractors.
  740         e. A statement and assessment of good faith efforts taken
  741  by each state agency.
  742         f. A status report of agency compliance with subsection
  743  (6), as determined by the Rural or Urban Minority Business
  744  Enterprise Office.
  745         (5)(a) Each agency shall, at the time the specifications or
  746  designs are developed or contract sizing is determined for any
  747  proposed procurement costing in excess of CATEGORY FOUR, as
  748  defined in s. 287.017, forward a notice to the Office of
  749  Supplier Development Diversity of the proposed procurement and
  750  any determination on the designs of specifications of the
  751  proposed procurement that impose requirements on prospective
  752  vendors, no later than 30 days before prior to the issuance of a
  753  solicitation, except that this provision does shall not apply to
  754  emergency acquisitions. The 30-day notice period does shall not
  755  toll the time for any other procedural requirements.
  756         (b) If the Office of Supplier Development Diversity
  757  determines that the proposed procurement will not likely allow
  758  opportunities for rural or urban minority business enterprises,
  759  the office may, within 20 days after it receives the information
  760  specified in paragraph (a), propose the implementation of rural
  761  or urban minority business enterprise utilization provisions or
  762  submit alternative procurement methods that would significantly
  763  increase rural or urban minority business enterprise contracting
  764  opportunities.
  765         (c) Whenever the agency and the Office of Supplier
  766  Development Diversity disagree, the matter must shall be
  767  submitted for determination to the head of the agency or the
  768  senior-level official designated pursuant to this section as
  769  liaison for rural or urban minority business enterprise issues.
  770         (d) If the proposed procurement proceeds to competitive
  771  solicitation, the office is hereby granted standing to protest,
  772  pursuant to this section, in a timely manner, any contract award
  773  during competitive solicitation for contractual services and
  774  construction contracts that fail to include rural or urban
  775  minority business enterprise participation, if any responsible
  776  and responsive vendor has demonstrated the ability to achieve
  777  any level of participation, or, any contract award for
  778  commodities where, a reasonable and economical opportunity to
  779  reserve a contract, statewide or district level, for rural or
  780  urban minority participation was not executed or, an agency
  781  failed to adopt an applicable preference for rural or urban
  782  minority participation. The bond requirement is shall be waived
  783  for the office purposes of this subsection.
  784         (e) An agency may presume that a vendor offering no rural
  785  or urban minority participation has not made a good faith effort
  786  when other vendors offer rural or urban minority participation
  787  of firms listed as relevant to the agency’s purchasing needs in
  788  the pertinent locality or statewide to complete the project.
  789         (f) Paragraph (a) will not apply when the Office of
  790  Supplier Development Diversity determines that an agency has
  791  established a work plan to allow advance consultation and
  792  planning with rural or urban minority business enterprises and
  793  where such plan clearly demonstrates:
  794         1. A high level of advance planning by the agency with
  795  rural or urban minority business enterprises.
  796         2. A high level of accessibility, knowledge, and experience
  797  by rural or urban minority business enterprises in the agency’s
  798  contract decisionmaking process.
  799         3. A high quality of agency monitoring and enforcement of
  800  internal implementation of rural or urban minority business
  801  utilization provisions.
  802         4. A high quality of agency monitoring and enforcement of
  803  contractor utilization of rural or urban minority business
  804  enterprises, especially tracking subcontractor data, and
  805  ensuring the integrity of subcontractor reporting.
  806         5. A high quality of agency outreach, agency networking of
  807  major vendors with rural or urban minority vendors, and
  808  innovation in techniques to improve utilization of rural or
  809  urban minority business enterprises.
  810         6. Substantial commitment, sensitivity, and proactive
  811  attitude by the agency head and among the agency rural and urban
  812  minority business staff.
  813         (6) Each state agency shall coordinate its rural or urban
  814  minority business enterprise procurement activities with the
  815  Office of Supplier Development Diversity. At a minimum, each
  816  agency shall:
  817         (a) Adopt a rural or urban minority business enterprise
  818  utilization plan for review and approval by the Office of
  819  Supplier Development Diversity which should require meaningful
  820  and useful methods to attain the legislative intent in assisting
  821  rural or urban minority business enterprises.
  822         (b) Designate a senior-level employee in the agency as a
  823  rural or urban minority enterprise assistance officer,
  824  responsible for overseeing the agency’s rural or urban minority
  825  business utilization activities, and who is not also charged
  826  with purchasing responsibility. A senior-level agency employee
  827  and agency purchasing officials is shall be accountable to the
  828  agency head for the agency’s rural or urban minority business
  829  utilization performance. The Office of Supplier Development
  830  Diversity shall advise each agency on compliance performance.
  831         (c) If an agency deviates significantly from its
  832  utilization plan in 2 consecutive or 3 out of 5 total fiscal
  833  years, the Office of Supplier Development Diversity may review
  834  any and all solicitations and contract awards of the agency as
  835  deemed necessary until such time as the agency meets its
  836  utilization plan.
  837         Section 33. Section 287.0947, Florida Statutes, is amended
  838  to read:
  839         287.0947 Florida Advisory Council on Small, Rural, and
  840  Urban and Minority Business Development; creation; membership;
  841  duties.—
  842         (1) The Secretary of Management Services may create the
  843  Florida Advisory Council on Small, Rural, and Urban and Minority
  844  Business Development with the purpose of advising and assisting
  845  the secretary in carrying out the secretary’s duties with
  846  respect to rural or urban minority businesses and economic and
  847  business development. It is the intent of the Legislature that
  848  the membership of such council include practitioners,
  849  laypersons, financiers, and others with business development
  850  experience who can provide invaluable insight and expertise for
  851  this state in the diversification of its markets and networking
  852  of business opportunities. The council shall initially be
  853  composed consist of 19 persons, each of whom is or has been
  854  actively engaged in small, rural, and urban and minority
  855  business development, either in private industry, in
  856  governmental service, or as a scholar of recognized achievement
  857  in the study of such matters. Initially, the council shall be
  858  composed consist of members representing all regions of this the
  859  state and shall include at least one member from each group
  860  identified within the definition of “minority person” in s.
  861  288.703 s. 288.703(4), considering also gender and nationality
  862  subgroups, and shall be composed consist of the following:
  863         (a) Four members consisting of representatives of local and
  864  federal small, rural, and urban and minority business assistance
  865  programs or community development programs.
  866         (b) Eight members representing composed of representatives
  867  of the rural and urban minority private business sectors sector,
  868  including certified rural or urban minority business enterprises
  869  and rural or urban minority supplier development councils, among
  870  whom at least two are shall be women and at least four are shall
  871  be minority persons.
  872         (c) Two representatives of local government, one of whom is
  873  shall be a representative of a large local government, and one
  874  of whom is shall be a representative of a small local
  875  government.
  876         (d) Two representatives from the banking and insurance
  877  industry.
  878         (e) Two members from the private business sector,
  879  representing the construction and commodities industries.
  880         (f) The Secretary of Commerce or his or her designee.
  881  
  882  A candidate for appointment may be considered if eligible to be
  883  certified as an owner of a rural or urban minority business
  884  enterprise, or if otherwise qualified under the criteria above.
  885  Vacancies may be filled by appointment of the secretary, in the
  886  manner of the original appointment.
  887         (2) Each appointed member shall serve for a term of 2 years
  888  from the date of appointment, except that a vacancy must shall
  889  be filled by appointment for the remainder of the unexpired
  890  term. The council shall annually elect a chair and a vice chair.
  891  The council shall adopt internal procedures or bylaws necessary
  892  for efficient operations. Members of the council shall serve
  893  without compensation or honorarium but shall be entitled to per
  894  diem and travel expenses pursuant to s. 112.061 for the
  895  performance of duties for the council. The executive
  896  administrator of the commission may remove a council member for
  897  cause.
  898         (3) Within 30 days after its initial meeting, the council
  899  shall elect from among its members a chair and a vice chair.
  900         (4) The council shall meet at the call of its chair, at the
  901  request of a majority of its membership, at the request of the
  902  commission or its executive administrator, or at such times as
  903  may be prescribed by rule, but not less than once a year, to
  904  offer its views on issues related to small, rural, and urban and
  905  minority business development of concern to this state. A
  906  majority of the members of the council shall constitute a
  907  quorum.
  908         (5) The powers and duties of the council include, but are
  909  not limited to the following: researching and reviewing the role
  910  of small, rural, and urban and minority businesses in the
  911  state’s economy; reviewing issues and emerging topics relating
  912  to small, rural, and urban and minority business economic
  913  development; studying the ability of financial markets and
  914  institutions to meet small business credit needs and determining
  915  the impact of government demands on credit for small, rural, and
  916  urban businesses; assessing the implementation of s.
  917  187.201(21), requiring a state economic development
  918  comprehensive plan, as it relates to small and certified rural
  919  or urban business enterprises as defined in s. 288.703 minority
  920  businesses; assessing the reasonableness and effectiveness of
  921  efforts by any state agency or by all state agencies
  922  collectively to assist rural or urban minority business
  923  enterprises; and advising the Governor, the secretary, and the
  924  Legislature on matters relating to small, rural, and urban and
  925  minority business development which are of importance to the
  926  international strategic planning and activities of this state.
  927         (6) On or before January 1 of each year, the council shall
  928  present an annual report to the secretary that sets forth in
  929  appropriate detail the business transacted by the council during
  930  the year and any recommendations to the secretary, including
  931  those to improve business opportunities for small, rural, and
  932  urban and minority business enterprises.
  933         Section 34. Paragraph (b) of subsection (4) of section
  934  288.001, Florida Statutes, is amended, and paragraph (b) of
  935  subsection (3) is reenacted, to read:
  936         288.001 The Florida Small Business Development Center
  937  Network.—
  938         (3) OPERATION; POLICIES AND PROGRAMS.—
  939         (b) The network’s statewide director shall consult with the
  940  Board of Governors, the department, and the network’s statewide
  941  advisory board to ensure that the network’s policies and
  942  programs align with the statewide goals of the State University
  943  System and the statewide strategic economic development plan as
  944  provided under s. 20.60.
  945         (4) STATEWIDE ADVISORY BOARD.—
  946         (b) The statewide advisory board shall be composed consist
  947  of 19 members from across the state. At least 12 members must be
  948  representatives of the private sector who are knowledgeable of
  949  the needs and challenges of small businesses. The members must
  950  represent various segments and industries of the economy in this
  951  state and must bring knowledge and skills to the statewide
  952  advisory board which would enhance the board’s collective
  953  knowledge of small business assistance needs and challenges.
  954  Minority and gender Representation for this state’s rural or
  955  urban areas must be considered when making appointments to the
  956  board. The board must include the following members:
  957         1. Three members appointed from the private sector by the
  958  President of the Senate.
  959         2. Three members appointed from the private sector by the
  960  Speaker of the House of Representatives.
  961         3. Three members appointed from the private sector by the
  962  Governor.
  963         4. Three members appointed from the private sector by the
  964  network’s statewide director.
  965         5. One member appointed by the host institution.
  966         6. The Secretary of Commerce, or his or her designee.
  967         7. The Chief Financial Officer, or his or her designee.
  968         8. The President of the Florida Chamber of Commerce, or his
  969  or her designee.
  970         9. The Small Business Development Center Project Officer
  971  from the U.S. Small Business Administration at the South Florida
  972  District Office, or his or her designee.
  973         10. The executive director of the National Federation of
  974  Independent Businesses, Florida, or his or her designee.
  975         11. The executive director of the Florida United Business
  976  Association, or his or her designee.
  977         Section 35. Subsection (8) of section 288.0065, Florida
  978  Statutes, is amended to read:
  979         288.0065 Annual incentives report.—By December 30 of each
  980  year, the department shall provide the Governor, the President
  981  of the Senate, and the Speaker of the House of Representatives a
  982  detailed incentives report quantifying the economic benefits for
  983  all of the economic development incentive programs administered
  984  by the department and its public-private partnerships. The
  985  annual incentives report must include:
  986         (8) A description of the trends relating to business
  987  interest in, and usage of, the various incentives, and the
  988  number of minority-owned or woman-owned small businesses and
  989  businesses in rural or urban areas receiving incentives.
  990         Section 36. Section 288.1167, Florida Statutes, is amended
  991  to read:
  992         288.1167 Sports franchise contract provisions for food and
  993  beverage concession and contract awards to minority business
  994  enterprises in rural or urban areas.—Any applicant who receives
  995  funding pursuant to the provisions of s. 212.20 must demonstrate
  996  that:
  997         (1) Funds and facilities with respect to food and beverage
  998  and related concessions shall be awarded to certified rural or
  999  urban small minority business enterprises as defined in s.
 1000  288.703 on the same terms and conditions as the general food and
 1001  beverage concessionaire and in accordance with the rural or
 1002  urban minority business enterprise procurement goals set forth
 1003  in s. 287.09451;
 1004         (2) At least 15 percent of a company contracted to manage a
 1005  professional sports franchise facility or a spring training
 1006  franchise facility is owned by certified rural or urban minority
 1007  business enterprises or by a minority person as that term is
 1008  those terms are defined in s. 288.703; or
 1009         (3) At least 15 percent of all operational service
 1010  contracts with a professional sports franchise facility or a
 1011  spring training franchise facility are awarded to certified
 1012  rural or urban minority business enterprises as that term is
 1013  defined in s. 288.703 or to a minority person located in a rural
 1014  or urban area as those terms are defined in s. 288.703.
 1015         Section 37. Paragraph (b) of subsection (2) of section
 1016  288.1229, Florida Statutes, is amended to read:
 1017         288.1229 Promotion and development of sports-related
 1018  industries and amateur athletics; direct-support organization
 1019  established; powers and duties.—
 1020         (2) The Florida Sports Foundation must:
 1021         (b) Be governed by a board of directors, which must be
 1022  composed consist of up to 15 members appointed by the Governor.
 1023  In making appointments, the Governor shall must consider a
 1024  potential member’s background in community service and sports
 1025  activism in, and financial support of, the sports industry,
 1026  professional sports, or organized amateur athletics. Members
 1027  must be residents of the state and highly knowledgeable about or
 1028  active in professional or organized amateur sports.
 1029         1. The board must contain representatives of all
 1030  geographical regions of the state and must represent ethnic and
 1031  gender diversity.
 1032         2. The terms of office of the members shall be 4 years. No
 1033  member may serve more than two consecutive terms. The Governor
 1034  may remove any member for cause and shall fill all vacancies
 1035  that occur.
 1036         Section 38. Subsection (2) of section 288.7015, Florida
 1037  Statutes, is amended to read:
 1038         288.7015 Appointment of rules ombudsman; duties.—The
 1039  Governor shall appoint a rules ombudsman, as defined in s.
 1040  288.703, in the Executive Office of the Governor, for
 1041  considering the impact of agency rules on the state’s citizens
 1042  and businesses. The duties of the rules ombudsman are to:
 1043         (2) Review state agency rules that adversely or
 1044  disproportionately impact businesses, particularly those
 1045  relating to small and certified rural or urban business
 1046  enterprise as that term is defined in s. 288.703 minority
 1047  businesses.
 1048         Section 39. Section 288.702, Florida Statutes, is amended
 1049  to read:
 1050         288.702 Short title.—This section and ss. 288.703-288.705
 1051  ss. 288.703-288.706 may be cited as the “Florida Small and
 1052  Minority Business Assistance Act.”
 1053         Section 40. Section 288.703, Florida Statutes, is amended
 1054  to read:
 1055         288.703 Definitions.—As used in ss. 288.702-288.705 ss.
 1056  288.702-288.706, the term:
 1057         (1) “Certified rural or urban business enterprisemeans a
 1058  business located in a defined geographic area within this state
 1059  where one of the following conditions has been documented in the
 1060  most recent census conducted by the Bureau of the Census of the
 1061  United States Department of Commerce:
 1062         a. Per capita income in the area is less than 80 percent of
 1063  this state’s per capita income.
 1064         b. The unemployment rate in the area has been greater than
 1065  the unemployment rate for this state by more than 1 percent over
 1066  the previous 24 months from the time the comparison is made.
 1067         “Certified minority business enterprise” means a business
 1068  which has been certified by the certifying organization or
 1069  jurisdiction in accordance with s. 287.0943(1) and (2).
 1070         (2) “Financial institution” means any bank, trust company,
 1071  insurance company, savings and loan association, credit union,
 1072  federal lending agency, or foundation.
 1073         (3) “Minority business enterprise” means any small business
 1074  concern as defined in subsection (6) which is organized to
 1075  engage in commercial transactions, which is domiciled in
 1076  Florida, and which is at least 51-percent-owned by minority
 1077  persons who are members of an insular group that is of a
 1078  particular racial, ethnic, or gender makeup or national origin,
 1079  which has been subjected historically to disparate treatment due
 1080  to identification in and with that group resulting in an
 1081  underrepresentation of commercial enterprises under the group’s
 1082  control, and whose management and daily operations are
 1083  controlled by such persons. A minority business enterprise may
 1084  primarily involve the practice of a profession. Ownership by a
 1085  minority person does not include ownership which is the result
 1086  of a transfer from a nonminority person to a minority person
 1087  within a related immediate family group if the combined total
 1088  net asset value of all members of such family group exceeds $1
 1089  million. For purposes of this subsection, the term “related
 1090  immediate family group” means one or more children under 16
 1091  years of age and a parent of such children or the spouse of such
 1092  parent residing in the same house or living unit.
 1093         (3)(4) “Minority person” means a lawful, permanent resident
 1094  of Florida who is:
 1095         (a) An African American, a person having origins in any of
 1096  the black racial groups of the African Diaspora, regardless of
 1097  cultural origin.
 1098         (b) A Hispanic American, a person of Spanish or Portuguese
 1099  culture with origins in Spain, Portugal, Mexico, South America,
 1100  Central America, or the Caribbean, regardless of race.
 1101         (c) An Asian American, a person having origins in any of
 1102  the original peoples of the Far East, Southeast Asia, the Indian
 1103  Subcontinent, or the Pacific Islands, including the Hawaiian
 1104  Islands before 1778.
 1105         (d) A Native American, a person who has origins in any of
 1106  the Indian Tribes of North America before 1835, upon
 1107  presentation of proper documentation thereof as established by
 1108  rule of the Department of Management Services.
 1109         (e) An American woman.
 1110         (4)(5) “Ombudsman” means an office or individual whose
 1111  responsibilities include coordinating with the Office of
 1112  Supplier Development Diversity for the interests of and
 1113  providing assistance to rural or urban small and minority
 1114  business enterprises in dealing with governmental agencies and
 1115  in developing proposals for changes in state agency rules.
 1116         (5)(6) “Small business” means an independently owned and
 1117  operated business concern that employs 200 or fewer permanent
 1118  full-time employees and that, together with its affiliates, has
 1119  a net worth of not more than $5 million or any firm based in
 1120  this state which has a Small Business Administration 8(a)
 1121  certification. As applicable to sole proprietorships, the $5
 1122  million net worth requirement includes shall include both
 1123  personal and business investments.
 1124         Section 41. Section 288.705, Florida Statutes, is amended
 1125  to read:
 1126         288.705 Statewide contracts register.—All state agencies
 1127  shall in a timely manner provide the Florida Small Business
 1128  Development Center Procurement System with all formal
 1129  solicitations for contractual services, supplies, and
 1130  commodities. The Small Business Development Center shall
 1131  coordinate with Minority Business Development Centers to compile
 1132  and distribute this information to small and rural or urban
 1133  minority businesses requesting such service for the period of
 1134  time necessary to familiarize the business with the market
 1135  represented by state agencies. On or before February 1 of each
 1136  year, the Small Business Development Center shall report to the
 1137  department on the use of the statewide contracts register. The
 1138  report must shall include, but not be limited to, information
 1139  relating to:
 1140         (1) The total number of solicitations received from state
 1141  agencies during the calendar year.
 1142         (2) The number of solicitations received from each state
 1143  agency during the calendar year.
 1144         (3) The method of distributing solicitation information to
 1145  businesses requesting such service.
 1146         (4) The total number of businesses using the service.
 1147         (5) The percentage of businesses using the service which
 1148  are owned and controlled by minorities.
 1149         (5)(6) The percentage of service-disabled veteran business
 1150  enterprises using the service.
 1151         Section 42. Subsection (1) of section 288.776, Florida
 1152  Statutes, is amended to read:
 1153         288.776 Board of directors; powers and duties.—
 1154         (1)(a) The corporation shall have a board of directors
 1155  consisting of 15 members representing all geographic areas of
 1156  the state. Minority and gender representation must be considered
 1157  when making appointments to the board. The board membership must
 1158  include:
 1159         1. A representative of the following businesses, all of
 1160  which must be registered to do business in this state: a foreign
 1161  bank, a state bank, a federal bank, an insurance company
 1162  involved in covering trade financing risks, and a small or
 1163  medium-sized exporter.
 1164         2. The following persons or their designee: the Secretary
 1165  of Commerce, the Chief Financial Officer, the Secretary of
 1166  State, and a senior official of the United States Department of
 1167  Commerce.
 1168         (b) Appointees who are not state or Federal Government
 1169  officials shall serve for a term of 3 years and shall be
 1170  eligible for reappointment. Nonstate and nonfederal official
 1171  vacancies on the board shall be filled by the board within 30
 1172  days after the effective date of the vacancy.
 1173         Section 43. Section 288.9628, Florida Statutes, is created
 1174  to read:
 1175         288.9628 Research, Innovation, Science, and Engineering
 1176  (RISE) Investment Tax Credit Program.—
 1177         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
 1178  strengthening the state’s early-stage business ecosystem and
 1179  supporting cutting-edge innovation are essential for fostering
 1180  innovation and economic growth. The early-stage business
 1181  ecosystem, fueled by the state’s colleges, universities, and
 1182  private industry growth, represents significant opportunity for
 1183  the state to retain entrepreneurial talent and provides an
 1184  overall benefit for jobseekers, job creators, families,
 1185  communities, and the state’s economy.
 1186         (2)RISE PROGRAM CREATED.—There is established within the
 1187  department the Research, Innovation, Science, and Engineering
 1188  (RISE) Investment Tax Credit Program. The purpose of the program
 1189  is to increase venture capital investment in this state. The
 1190  department shall coordinate with the Florida Opportunity Fund
 1191  and the State Board of Administration in reviewing and approving
 1192  applications for tax credits under this section.
 1193         (3)DEFINITIONS.—As used in this section, the term:
 1194         (a)“Accredited investor” has the same meaning as in s.
 1195  517.021.
 1196         (b)“Advisory affiliate” has the same meaning as in s.
 1197  517.12(22).
 1198         (c)“Affiliate” has the same meaning as in s. 517.021.
 1199         (d)“Applicant” means an advisory affiliate, an exempt
 1200  reporting adviser, or an investment adviser who submits or
 1201  updates an application on behalf of a qualifying private fund.
 1202         (e)“Associated person” has the same meaning as in s.
 1203  517.021.
 1204         (f)“Company” means any business in this state, or a
 1205  business with more than 50 percent of its workforce in this
 1206  state, with 500 or fewer employees, and which is engaged in a
 1207  project.
 1208         (g)“Department” means the Department of Commerce.
 1209         (h)“Exempt reporting adviser” has the same meaning as in
 1210  s. 517.12(22).
 1211         (i)“Investment adviser” has the same meaning as in s.
 1212  517.021.
 1213         (j)“Investor” means any person or entity that has made a
 1214  capital contribution to a qualifying private fund.
 1215         (k)“Private fund adviser” has the same meaning as in s.
 1216  517.12(22).
 1217         (l)“Project” means research and development that leads to
 1218  or is anticipated to lead to the creation of new or useful
 1219  improvement of technologies, agricultural technologies, devices,
 1220  processes, machines, manufacturing, or composition of matter. A
 1221  project may result from the innovative activities of a company
 1222  or research at a university or college in this state.
 1223         (m)“Qualifying investment” has the same meaning as in 17
 1224  C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section,
 1225  includes investment in one or more companies or projects.
 1226         (n)“Qualifying portfolio company” has the same meaning as
 1227  in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this
 1228  section, includes a company as defined in this subsection.
 1229         (o)“Qualifying private fund” has the same meaning as in s.
 1230  517.12(22) and includes an angel investor group as defined in s.
 1231  517.021.
 1232         (p)“Total capital commitment” means the total amount of
 1233  cash funding the qualifying private fund intends to raise to
 1234  make one or more qualifying investments in one or more
 1235  qualifying portfolio companies.
 1236         (4)APPLICATION.—
 1237         (a)An applicant must apply to the department for
 1238  authorization to claim RISE tax credits under this section. The
 1239  department must review and approve or deny a complete
 1240  application within 60 calendar days after the complete
 1241  application has been submitted.
 1242         (b)An applicant must demonstrate to the department’s
 1243  satisfaction within 12 months after the complete application has
 1244  been submitted that the qualifying private fund has received at
 1245  least the total capital commitment contained in its application.
 1246         (c)The application must include, at a minimum:
 1247         1.The names of any accredited investors, advisory
 1248  affiliates, affiliates, associated persons, exempt reporting
 1249  advisers, investment advisers, or private fund advisers
 1250  associated with the qualifying private fund, if there are any at
 1251  the time of application.
 1252         2.The names of any investors in the qualifying private
 1253  fund, if there are any at the time of application.
 1254         3.The estimated total number of qualifying investments in
 1255  qualifying portfolio companies.
 1256         4.The total capital commitment of the qualifying private
 1257  fund.
 1258         (d)If, at any time after an applicant has submitted a
 1259  complete application, there has been a material change that
 1260  affects the accuracy or completeness of the information
 1261  contained in the application, the applicant must update its
 1262  application.
 1263         (5)TAX CREDITS; GENERALLY.—
 1264         (a)The amount of tax credits available pursuant to this
 1265  section in a fiscal year may not exceed $100 million.
 1266         (b)The department may not issue a tax credit to a
 1267  qualifying private fund until the qualifying private fund
 1268  demonstrates that it has received its total capital commitment.
 1269         (c)The department may not authorize more than $10 million
 1270  in tax credits to a qualifying private fund in a fiscal year.
 1271         (6)TAX CREDITS; SUBMISSION AND AUTHORIZATION.—
 1272         (a)To receive tax credits, a qualifying private fund must
 1273  provide documentation that demonstrates to the department’s
 1274  reasonable satisfaction that the qualifying investment meets the
 1275  requirements of this section. For purposes of this section,
 1276  follow-on or add-on commitments may only be considered by the
 1277  department after the follow-on or add-on investment has been
 1278  deployed.
 1279         (b)A qualifying private fund must make at least one
 1280  qualified investment in at least one qualifying portfolio
 1281  project to be eligible to receive tax credits under this
 1282  section.
 1283         (c)Each submission by a qualifying private fund to receive
 1284  tax credits for a qualifying investment in a qualifying
 1285  portfolio company must include, at a minimum, all of the
 1286  following::
 1287         1.The amount of cash deployed by the qualifying private
 1288  fund to a qualifying investment in a qualifying portfolio
 1289  company.
 1290         2.The total number of employees employed by the qualifying
 1291  portfolio company.
 1292         3.The total number of Florida-based, full-time equivalent
 1293  employees employed by the qualifying portfolio company.
 1294         (7)TAX CREDITS; RECEIPT; REVOCATION.—
 1295         (a)A qualifying private fund may receive tax credits
 1296  equivalent to 25 percent of a qualifying investment in a
 1297  qualifying portfolio company.
 1298         (b)Upon a determination by the department that the
 1299  qualifying investment meets the requirements of this section,
 1300  the department shall authorize the Department of Revenue to
 1301  issue tax credits to the qualifying private fund.
 1302         (c)The Department of Revenue may not issue more than one
 1303  fifth of the tax credits authorized for a qualifying investment
 1304  in a qualifying portfolio company in a fiscal year.
 1305         (d)Credits received pursuant to this section may be
 1306  applied against the qualifying private fund’s corporate income
 1307  tax liability. A qualifying private fund may elect to sell or
 1308  transfer, in whole or in part, any tax credit issued under this
 1309  section. An election to sell or transfer any tax credit received
 1310  pursuant to this section must be made no later than 5 years
 1311  after the date the credit is received by the qualifying private
 1312  fund, after which the credit expires and may not be used. A
 1313  qualifying private fund may not sell or transfer credits that
 1314  have been authorized by the department but not yet issued by the
 1315  Department of Revenue.
 1316         (e)The department may revoke or modify any written
 1317  decision qualifying, certifying, or otherwise granting
 1318  eligibility for tax credits under this section if it is
 1319  discovered that the qualifying private fund submitted any false
 1320  statement, representation, or certification in any application
 1321  filed in an attempt to receive tax credits under this section,
 1322  or if the information in a previously completed application
 1323  materially changes. The department must immediately notify the
 1324  Department of Revenue of any revoked or modified orders
 1325  affecting previously granted tax credits. Additionally, the
 1326  qualifying private fund must notify the Department of Revenue of
 1327  any change in its tax credit claimed.
 1328         (8)COMPLIANCE.—
 1329         (a)A qualifying private fund must annually report to the
 1330  department for each qualifying investment for 5 years after
 1331  authorization to receive credits. Failure to do so will result
 1332  in the qualifying private fund’s tax credit being revoked.
 1333         (b)In order to receive a tax credit, a qualifying fund
 1334  must submit to the department all of the following:
 1335         1.A certification that there have been no material changes
 1336  to the information contained in the application or, if material
 1337  changes have occurred since the submission of the application, a
 1338  disclosure containing all material changes.
 1339         2.Documentation supporting the total number of full-time
 1340  equivalent employees employed by the qualifying portfolio
 1341  company.
 1342         3.Documentation supporting the total number of full-time
 1343  equivalent employees employed in this state by the qualifying
 1344  portfolio company.
 1345         4.Documentation supporting that the qualifying private
 1346  fund has not exited its position from the qualifying portfolio
 1347  company through acquisition by a company not based in this
 1348  state.
 1349         (9)SANCTIONS.—
 1350         (a)If a qualifying investment fails to meet the
 1351  requirements of paragraph (8)(a) or paragraph (8)(b), the
 1352  department must revoke its approval of tax credits for the
 1353  qualifying investment. The department shall issue a notice of
 1354  revocation and recapture to the qualifying private fund and the
 1355  Department of Revenue. The qualifying private fund must repay to
 1356  the department an amount equal to 50 percent of the tax credits
 1357  authorized by the department and claimed by a qualifying
 1358  portfolio company for the qualifying investment. Recaptured
 1359  funds must be deposited into the General Revenue Fund.
 1360         (b)If the department determines that the qualifying
 1361  private fund submitted any false statement, representation, or
 1362  certification in any application as provided in paragraph
 1363  (7)(e), the department must revoke its approval of tax credits
 1364  for the qualifying investment. The department shall issue a
 1365  notice of revocation and recapture to the qualifying private
 1366  fund and the Department of Revenue. The qualifying private fund
 1367  must repay to the department an amount equal to 100 percent of
 1368  the tax credits authorized by the department and claimed by a
 1369  qualifying portfolio company for the qualifying investment.
 1370  Recaptured funds must be deposited into the General Revenue
 1371  Fund.
 1372         (10)CONSTRUCTION.—For purposes of this section and part
 1373  III of chapter 692, committed capital invested in a qualifying
 1374  portfolio company by a venture capital fund may not be construed
 1375  as having ownership of the qualifying portfolio company.
 1376         (11)REPORTING.—Beginning December 30, 2026, the department
 1377  shall include the amounts of tax credits authorized and
 1378  received, the total number of jobs created, and the total number
 1379  of jobs created in this state in its annual incentives report
 1380  required under s. 288.0065.
 1381         (12)PRIORITY OF TAX CREDITS.—Fifty percent of the tax
 1382  credits provided in this section must be made available from
 1383  July 1 to December 31 of each year to provide tax credits for
 1384  qualifying investments in qualifying portfolio companies located
 1385  in a rural community as defined in s. 288.0656. All remaining
 1386  tax credits must be made available from January 1 to June 30 of
 1387  each year on a first-come, first-served basis, subject to the
 1388  eligibility of the qualifying investment.
 1389         (13)RULEMAKING.—The department is authorized to adopt
 1390  rules to implement this section.
 1391         Section 44. Subsection (10) of section 290.0056, Florida
 1392  Statutes, is amended to read:
 1393         290.0056 Enterprise zone development agency.—
 1394         (10) Contingent upon approval by the governing body, the
 1395  agency may invest in community investment corporations which
 1396  conduct, or agree to conduct, loan guarantee programs assisting
 1397  rural or urban minority business enterprises located in the
 1398  enterprise zone. In making such investments, the agency shall
 1399  first attempt to invest in existing community investment
 1400  corporations providing services in the enterprise zone. Such
 1401  investments shall be made under conditions required by law and
 1402  as the agency may require, including, but not limited to:
 1403         (a) The funds invested by the agency shall be used to
 1404  provide loan guarantees to individuals for rural or urban
 1405  minority business enterprises located in the enterprise zone.
 1406         (b) The community investment corporation may not approve
 1407  any application for a loan guarantee unless the person applying
 1408  for the loan guarantee shows that he or she has applied for the
 1409  loan or loan guarantee through normal banking channels and that
 1410  the loan or loan guarantee has been refused by at least one bank
 1411  or other financial institution.
 1412         Section 45. Paragraph (f) of subsection (1) of section
 1413  290.0057, Florida Statutes, is amended to read:
 1414         290.0057 Enterprise zone development plan.—
 1415         (1) Any application for designation as a new enterprise
 1416  zone must be accompanied by a strategic plan adopted by the
 1417  governing body of the municipality or county, or the governing
 1418  bodies of the county and one or more municipalities together. At
 1419  a minimum, the plan must:
 1420         (f) Identify the amount of local and private resources that
 1421  will be available in the nominated area and the private/public
 1422  partnerships to be used, which may include participation by, and
 1423  cooperation with, universities, community colleges, small
 1424  business development centers, black business investment
 1425  corporations in rural or urban areas as defined in s. 288.703,
 1426  certified development corporations, and other private and public
 1427  entities.
 1428         Section 46. Subsection (4) of section 331.302, Florida
 1429  Statutes, is amended to read:
 1430         331.302 Space Florida; creation; purpose.—
 1431         (4) Space Florida is not an agency as defined in ss.
 1432  216.011, and 287.012, and 287.055. Space Florida is exempt from
 1433  the bidding requirements in s. 255.20 when Space Florida engages
 1434  in professional or construction services, or both, under an
 1435  arrangement with a person in which:
 1436         (a) The person offering personal or construction goods or
 1437  services is not subject to the requirements of s. 287.055;
 1438         (b) Space Florida and the person execute a contract with
 1439  terms acceptable to Space Florida; and
 1440         (c) The person provides to Space Florida by contract an
 1441  unqualified representation and warranty that the payments by the
 1442  person to Space Florida in return for the possession and use of
 1443  the project by the person will not be derived, directly or
 1444  indirectly, from state or local government funds.
 1445  
 1446  For purposes of this subsection, monies received by the person
 1447  contracted to provide goods produced and services provided from
 1448  government entities in the ordinary course of its operation of
 1449  the project are not state or local government funds.
 1450         Section 47. Section 331.351, Florida Statutes, is amended
 1451  to read:
 1452         331.351 Participation by rural or urban women, minorities,
 1453  and socially and economically disadvantaged business enterprises
 1454  encouraged.—It is the intent of the Legislature and the public
 1455  policy of this state that rural or urban women, minorities, and
 1456  socially and economically disadvantaged business enterprises be
 1457  encouraged to participate fully in all phases of economic and
 1458  community development. Accordingly, to achieve such purpose,
 1459  Space Florida shall, in accordance with applicable state and
 1460  federal law, involve and utilize rural or urban women,
 1461  minorities, and socially and economically disadvantaged business
 1462  enterprises in all phases of the design, development,
 1463  construction, maintenance, and operation of spaceports developed
 1464  under this act.
 1465         Section 48. Paragraph (b) of subsection (4) and subsection
 1466  (9) of section 445.08, Florida Statutes, are amended to read:
 1467         445.08 Florida Law Enforcement Recruitment Bonus Payment
 1468  Program.—
 1469         (4) The department shall develop an annual plan for the
 1470  administration of the program and distribution of bonus
 1471  payments. Applicable employing agencies shall assist the
 1472  department with the collection of any data necessary to
 1473  determine bonus payment amounts and to distribute the bonus
 1474  payments, and shall otherwise provide the department with any
 1475  information or assistance needed to fulfill the requirements of
 1476  this section. At a minimum, the plan must include:
 1477         (b) The minimum eligibility requirements a newly employed
 1478  officer must meet to receive and retain a bonus payment, which
 1479  must include:
 1480         1. Obtaining certification for employment or appointment as
 1481  a law enforcement officer pursuant to s. 943.1395.
 1482         2. Gaining full-time employment with a Florida criminal
 1483  justice agency.
 1484         3. Maintaining continuous full-time employment with a
 1485  Florida criminal justice agency for at least 2 years from the
 1486  date on which the officer obtained certification. The required
 1487  2-year employment period may be satisfied by maintaining
 1488  employment at one or more employing agencies, but such period
 1489  must not contain any break in service longer than 180 15
 1490  calendar days. A law enforcement officer must provide
 1491  documentation to the department justifying the break in service.
 1492  The department shall establish the acceptable circumstances for
 1493  any such break in service. Any break in service will not count
 1494  toward satisfying the 2-year full-time employment requirement of
 1495  this section.
 1496  
 1497  The department may establish other criteria deemed necessary to
 1498  determine bonus payment eligibility and distribution.
 1499         (9) This section expires July 1, 2025.
 1500         Section 49. Paragraph (a) of subsection (4) of section
 1501  447.203, Florida Statutes, is amended to read:
 1502         447.203 Definitions.—As used in this part:
 1503         (4) “Managerial employees” are those employees who:
 1504         (a) Perform jobs that are not of a routine, clerical, or
 1505  ministerial nature and require the exercise of independent
 1506  judgment in the performance of such jobs and to whom one or more
 1507  of the following applies:
 1508         1. They formulate or assist in formulating policies which
 1509  are applicable to bargaining unit employees.
 1510         2. They may reasonably be required on behalf of the
 1511  employer to assist in the preparation for the conduct of
 1512  collective bargaining negotiations.
 1513         3. They have a role in the administration of agreements
 1514  resulting from collective bargaining negotiations.
 1515         4. They have a significant role in personnel
 1516  administration.
 1517         5. They have a significant role in employee relations.
 1518         6. They are included in the definition of administrative
 1519  personnel contained in s. 1012.01(3).
 1520         7. They have a significant role in the preparation or
 1521  administration of budgets for any public agency or institution
 1522  or subdivision thereof.
 1523         8.They have a significant and specific role executing
 1524  statewide business and economic development projects in support
 1525  of business recruitment, retention, and expansion.
 1526  
 1527  However, in determining whether an individual is a managerial
 1528  employee pursuant to paragraph (a) or paragraph (b), above, the
 1529  commission may consider historic relationships of the employee
 1530  to the public employer and to co-employees coemployees.
 1531         Section 50. Local governments may enter into agreements to
 1532  create regional planning entities pursuant to chapter 163,
 1533  Florida Statutes.
 1534         Section 51. Subsection (2) of section 17.11, Florida
 1535  Statutes, is amended to read:
 1536         17.11 To report disbursements made.—
 1537         (2) The Chief Financial Officer shall also cause to have
 1538  reported from the Florida Accounting Information Resource
 1539  Subsystem no less than quarterly the disbursements which
 1540  agencies made to small businesses, as defined in the Florida
 1541  Small and Minority Business Assistance Act,; and to certified
 1542  rural or urban minority business enterprises in the aggregate;
 1543  and to certified minority business enterprises broken down into
 1544  categories of minority persons, as well as gender and
 1545  nationality subgroups. This information must shall be made
 1546  available to the agencies, the Office of Supplier Development
 1547  Diversity, the Governor, the President of the Senate, and the
 1548  Speaker of the House of Representatives. Each agency shall be
 1549  responsible for the accuracy of information entered into the
 1550  Florida Accounting Information Resource Subsystem for use in
 1551  this reporting.
 1552         Section 52. Paragraph (f) of subsection (1) of section
 1553  68.082, Florida Statutes, is amended to read:
 1554         68.082 False claims against the state; definitions;
 1555  liability.—
 1556         (1) As used in this section, the term:
 1557         (f) “State” means the government of the state or any
 1558  department, division, bureau, commission, regional planning
 1559  agency, board, district, authority, agency, or other
 1560  instrumentality of the state.
 1561         Section 53. Paragraph (a) of subsection (1) of section
 1562  120.52, Florida Statutes, is amended to read:
 1563         120.52 Definitions.—As used in this act:
 1564         (1) “Agency” means the following officers or governmental
 1565  entities if acting pursuant to powers other than those derived
 1566  from the constitution:
 1567         (a) The Governor; each state officer and state department,
 1568  and each departmental unit described in s. 20.04; the Board of
 1569  Governors of the State University System; the Commission on
 1570  Ethics; the Fish and Wildlife Conservation Commission; a
 1571  regional water supply authority; a regional planning agency; a
 1572  multicounty special district, but only if a majority of its
 1573  governing board is comprised of nonelected persons; educational
 1574  units; and each entity described in chapters 163, 373, 380, and
 1575  582 and s. 186.504.
 1576  
 1577  This definition does not include a municipality or legal entity
 1578  created solely by a municipality; a legal entity or agency
 1579  created in whole or in part pursuant to part II of chapter 361;
 1580  a metropolitan planning organization created pursuant to s.
 1581  339.175; a separate legal or administrative entity created
 1582  pursuant to s. 339.175 of which a metropolitan planning
 1583  organization is a member; an expressway authority pursuant to
 1584  chapter 348 or any transportation authority or commission under
 1585  chapter 343 or chapter 349; or a legal or administrative entity
 1586  created by an interlocal agreement pursuant to s. 163.01(7),
 1587  unless any party to such agreement is otherwise an agency as
 1588  defined in this subsection.
 1589         Section 54. Subsection (4) of section 120.525, Florida
 1590  Statutes, is amended to read:
 1591         120.525 Meetings, hearings, and workshops.—
 1592         (4) For purposes of establishing a quorum at meetings of
 1593  regional planning councils that cover three or more counties, a
 1594  voting member who appears via telephone, real-time
 1595  videoconferencing, or similar real-time electronic or video
 1596  communication that is broadcast publicly at the meeting location
 1597  may be counted toward the quorum requirement if at least one
 1598  third of the voting members of the regional planning council are
 1599  physically present at the meeting location. A member must
 1600  provide oral, written, or electronic notice of his or her intent
 1601  to appear via telephone, real-time videoconferencing, or similar
 1602  real-time electronic or video communication to the regional
 1603  planning council at least 24 hours before the scheduled meeting.
 1604         Section 55. Subsection (9) of section 120.65, Florida
 1605  Statutes, is amended to read:
 1606         120.65 Administrative law judges.—
 1607         (9) The division shall be reimbursed for administrative law
 1608  judge services and travel expenses by the following entities:
 1609  water management districts, regional planning councils, school
 1610  districts, community colleges, the Division of Florida Colleges,
 1611  state universities, the Board of Governors of the State
 1612  University System, the State Board of Education, the Florida
 1613  School for the Deaf and the Blind, and the Commission for
 1614  Independent Education. These entities shall contract with the
 1615  division to establish a contract rate for services and
 1616  provisions for reimbursement of administrative law judge travel
 1617  expenses and video teleconferencing expenses attributable to
 1618  hearings conducted on behalf of these entities. The contract
 1619  rate must be based on a total-cost-recovery methodology.
 1620         Section 56. Subsections (43) and (47) of section 163.3164,
 1621  Florida Statutes, are amended to read:
 1622         163.3164 Community Planning Act; definitions.—As used in
 1623  this act:
 1624         (43) “Regional planning agency” means the council created
 1625  pursuant to chapter 186.
 1626         (46)(47) “Structure” has the same meaning as in s. 380.031
 1627  s. 380.031(19).
 1628         Section 57. Paragraph (h) of subsection (6) of section
 1629  163.3177, Florida Statutes, is amended to read:
 1630         163.3177 Required and optional elements of comprehensive
 1631  plan; studies and surveys.—
 1632         (6) In addition to the requirements of subsections (1)-(5),
 1633  the comprehensive plan must shall include the following
 1634  elements:
 1635         (h)1. An intergovernmental coordination element showing
 1636  relationships and stating principles and guidelines to be used
 1637  in coordinating the adopted comprehensive plan with the plans of
 1638  school boards, regional water supply authorities, and other
 1639  units of local government providing services but not having
 1640  regulatory authority over the use of land, with the
 1641  comprehensive plans of adjacent municipalities, the county,
 1642  adjacent counties, or the region, with the state comprehensive
 1643  plan and with the applicable regional water supply plan approved
 1644  pursuant to s. 373.709, as the case may require and as such
 1645  adopted plans or plans in preparation may exist. This element of
 1646  the local comprehensive plan must demonstrate consideration of
 1647  the particular effects of the local plan, when adopted, upon the
 1648  development of adjacent municipalities, the county, adjacent
 1649  counties, or the region, or upon the state comprehensive plan,
 1650  as the case may require.
 1651         a. The intergovernmental coordination element must provide
 1652  procedures for identifying and implementing joint planning
 1653  areas, especially for the purpose of annexation, municipal
 1654  incorporation, and joint infrastructure service areas.
 1655         b. The intergovernmental coordination element must shall
 1656  provide for a dispute resolution process, as established
 1657  pursuant to s. 186.509, for bringing intergovernmental disputes
 1658  to closure in a timely manner.
 1659         c. The intergovernmental coordination element must shall
 1660  provide for interlocal agreements as established pursuant to s.
 1661  333.03(1)(b).
 1662         2. The intergovernmental coordination element must shall
 1663  also state principles and guidelines to be used in coordinating
 1664  the adopted comprehensive plan with the plans of school boards
 1665  and other units of local government providing facilities and
 1666  services but not having regulatory authority over the use of
 1667  land. In addition, the intergovernmental coordination element
 1668  must describe joint processes for collaborative planning and
 1669  decisionmaking on population projections and public school
 1670  siting, the location and extension of public facilities subject
 1671  to concurrency, and siting facilities with countywide
 1672  significance, including locally unwanted land uses whose nature
 1673  and identity are established in an agreement.
 1674         3. Within 1 year after adopting their intergovernmental
 1675  coordination elements, each county, all the municipalities
 1676  within that county, the district school board, and any unit of
 1677  local government service providers in that county shall
 1678  establish by interlocal or other formal agreement executed by
 1679  all affected entities, the joint processes described in this
 1680  subparagraph consistent with their adopted intergovernmental
 1681  coordination elements. The agreement must:
 1682         a. Ensure that the local government addresses through
 1683  coordination mechanisms the impacts of development proposed in
 1684  the local comprehensive plan upon development in adjacent
 1685  municipalities, the county, adjacent counties, the region, and
 1686  the state. The area of concern for municipalities must shall
 1687  include adjacent municipalities, the county, and counties
 1688  adjacent to the municipality. The area of concern for counties
 1689  must shall include all municipalities within the county,
 1690  adjacent counties, and adjacent municipalities.
 1691         b. Ensure coordination in establishing level of service
 1692  standards for public facilities with any state, regional, or
 1693  local entity having operational and maintenance responsibility
 1694  for such facilities.
 1695         Section 58. Subsection (5) of section 163.3178, Florida
 1696  Statutes, is amended to read:
 1697         163.3178 Coastal management.—
 1698         (5) A The appropriate dispute resolution process provided
 1699  under s. 186.509 must be used to reconcile inconsistencies
 1700  between port master plans and local comprehensive plans. In
 1701  recognition of the state’s commitment to deepwater ports, the
 1702  state comprehensive plan must include goals, objectives, and
 1703  policies that establish a statewide strategy for enhancement of
 1704  existing deepwater ports, ensuring that priority is given to
 1705  water-dependent land uses. As an incentive for promoting plan
 1706  consistency, port facilities as defined in s. 315.02(6) on lands
 1707  owned or controlled by a deepwater port as defined in s.
 1708  311.09(1), as of the effective date of this act are shall not be
 1709  subject to development-of-regional-impact review provided the
 1710  port either successfully completes an alternative comprehensive
 1711  development agreement with a local government pursuant to ss.
 1712  163.3220-163.3243 or successfully enters into a development
 1713  agreement with the state land planning agency and applicable
 1714  local government pursuant to s. 380.032 or, where the port is a
 1715  department of a local government, successfully enters into a
 1716  development agreement with the state land planning agency
 1717  pursuant to s. 380.032. Port facilities as defined in s.
 1718  315.02(6) on lands not owned or controlled by a deepwater port
 1719  as defined in s. 311.09(1) as of the effective date of this act
 1720  are shall not be subject to development-of-regional-impact
 1721  review provided the port successfully enters into a development
 1722  agreement with the state land planning agency and applicable
 1723  local government pursuant to s. 380.032 or, where the port is a
 1724  department of a local government, successfully enters into a
 1725  development agreement with the state land planning agency
 1726  pursuant to s. 380.032.
 1727         Section 59. Paragraph (c) of subsection (1) and paragraph
 1728  (b) of subsection (3) of section 163.3184, Florida Statutes, are
 1729  amended to read:
 1730         163.3184 Process for adoption of comprehensive plan or plan
 1731  amendment.—
 1732         (1) DEFINITIONS.—As used in this section, the term:
 1733         (c) “Reviewing agencies” means:
 1734         1. The state land planning agency;
 1735         2. The appropriate regional planning council;
 1736         2.3. The appropriate water management district;
 1737         3.4. The Department of Environmental Protection;
 1738         4.5. The Department of State;
 1739         5.6. The Department of Transportation;
 1740         6.7. In the case of plan amendments relating to public
 1741  schools, the Department of Education;
 1742         7.8. In the case of plans or plan amendments that affect a
 1743  military installation listed in s. 163.3175, the commanding
 1744  officer of the affected military installation;
 1745         8.9. In the case of county plans and plan amendments, the
 1746  Fish and Wildlife Conservation Commission and the Department of
 1747  Agriculture and Consumer Services; and
 1748         9.10. In the case of municipal plans and plan amendments,
 1749  the county in which the municipality is located.
 1750         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
 1751  COMPREHENSIVE PLAN AMENDMENTS.—
 1752         (b)1. The local government, after the initial public
 1753  hearing held pursuant to subsection (11), shall transmit within
 1754  10 working days the amendment or amendments and appropriate
 1755  supporting data and analyses to the reviewing agencies. The
 1756  local governing body shall also transmit a copy of the
 1757  amendments and supporting data and analyses to any other local
 1758  government or governmental agency that has filed a written
 1759  request with the governing body.
 1760         2. The reviewing agencies and any other local government or
 1761  governmental agency specified in subparagraph 1. may provide
 1762  comments regarding the amendment or amendments to the local
 1763  government. State agencies shall only comment on important state
 1764  resources and facilities that will be adversely impacted by the
 1765  amendment if adopted. Comments provided by state agencies shall
 1766  state with specificity how the plan amendment will adversely
 1767  impact an important state resource or facility and shall
 1768  identify measures the local government may take to eliminate,
 1769  reduce, or mitigate the adverse impacts. Such comments, if not
 1770  resolved, may result in a challenge by the state land planning
 1771  agency to the plan amendment. Agencies and local governments
 1772  must transmit their comments to the affected local government
 1773  such that they are received by the local government not later
 1774  than 30 days after the date on which the agency or government
 1775  received the amendment or amendments. Reviewing agencies shall
 1776  also send a copy of their comments to the state land planning
 1777  agency.
 1778         3. Comments to the local government from a regional
 1779  planning council, county, or municipality are shall be limited
 1780  as follows:
 1781         a. The regional planning council review and comments shall
 1782  be limited to adverse effects on regional resources or
 1783  facilities identified in the strategic regional policy plan and
 1784  extrajurisdictional impacts that would be inconsistent with the
 1785  comprehensive plan of any affected local government within the
 1786  region. A regional planning council may not review and comment
 1787  on a proposed comprehensive plan amendment prepared by such
 1788  council unless the plan amendment has been changed by the local
 1789  government subsequent to the preparation of the plan amendment
 1790  by the regional planning council.
 1791         b. County comments must shall be in the context of the
 1792  relationship and effect of the proposed plan amendments on the
 1793  county plan.
 1794         b.c. Municipal comments must shall be in the context of the
 1795  relationship and effect of the proposed plan amendments on the
 1796  municipal plan.
 1797         c.d. Military installation comments must shall be provided
 1798  in accordance with s. 163.3175.
 1799         4. Comments to the local government from state agencies
 1800  must shall be limited to the following subjects as they relate
 1801  to important state resources and facilities that will be
 1802  adversely impacted by the amendment if adopted:
 1803         a. The Department of Environmental Protection shall limit
 1804  its comments to the subjects of air and water pollution;
 1805  wetlands and other surface waters of the state; federal and
 1806  state-owned lands and interest in lands, including state parks,
 1807  greenways and trails, and conservation easements; solid waste;
 1808  water and wastewater treatment; and the Everglades ecosystem
 1809  restoration.
 1810         b. The Department of State shall limit its comments to the
 1811  subjects of historic and archaeological resources.
 1812         c. The Department of Transportation shall limit its
 1813  comments to issues within the agency’s jurisdiction as it
 1814  relates to transportation resources and facilities of state
 1815  importance.
 1816         d. The Fish and Wildlife Conservation Commission shall
 1817  limit its comments to subjects relating to fish and wildlife
 1818  habitat and listed species and their habitat.
 1819         e. The Department of Agriculture and Consumer Services
 1820  shall limit its comments to the subjects of agriculture,
 1821  forestry, and aquaculture issues.
 1822         f. The Department of Education shall limit its comments to
 1823  the subject of public school facilities.
 1824         g. The appropriate water management district shall limit
 1825  its comments to flood protection and floodplain management,
 1826  wetlands and other surface waters, and regional water supply.
 1827         h. The state land planning agency shall limit its comments
 1828  to important state resources and facilities outside the
 1829  jurisdiction of other commenting state agencies and may include
 1830  comments on countervailing planning policies and objectives
 1831  served by the plan amendment that should be balanced against
 1832  potential adverse impacts to important state resources and
 1833  facilities.
 1834         Section 60. Subsection (2) of section 163.3245, Florida
 1835  Statutes, is amended to read:
 1836         163.3245 Sector plans.—
 1837         (2) The Upon the request of a local government having
 1838  jurisdiction, the applicable regional planning council shall
 1839  conduct a scoping meeting with affected local governments and
 1840  those agencies identified in s. 163.3184(1)(c) before
 1841  preparation of the sector plan. The purpose of this meeting is
 1842  to assist the state land planning agency and the local
 1843  government in the identification of the relevant planning issues
 1844  to be addressed and the data and resources available to assist
 1845  in the preparation of the sector plan. If a scoping meeting is
 1846  conducted, the regional planning council shall make written
 1847  recommendations to the state land planning agency and affected
 1848  local governments on the issues requested by the local
 1849  government. The scoping meeting must shall be noticed and open
 1850  to the public. If the entire planning area proposed for the
 1851  sector plan is within the jurisdiction of two or more local
 1852  governments, some or all of them may enter into a joint planning
 1853  agreement pursuant to s. 163.3171 with respect to the geographic
 1854  area to be subject to the sector plan, the planning issues that
 1855  will be emphasized, procedures for intergovernmental
 1856  coordination to address extrajurisdictional impacts, supporting
 1857  application materials including data and analysis, procedures
 1858  for public participation, or other issues.
 1859         Section 61. Paragraph (i) of subsection (2) of section
 1860  163.568, Florida Statutes, is amended to read:
 1861         163.568 Purposes and powers.—
 1862         (2) The authority is granted the authority to exercise all
 1863  powers necessary, appurtenant, convenient, or incidental to the
 1864  carrying out of the aforesaid purposes, including, but not
 1865  limited to, the following rights and powers:
 1866         (i) To develop transportation plans, and to coordinate its
 1867  planning and programs with those of appropriate municipal,
 1868  county, and state agencies and other political subdivisions of
 1869  the state. All transportation plans are subject to review and
 1870  approval by the Department of Transportation and by the regional
 1871  planning agency, if any, for consistency with programs or
 1872  planning for the area and region.
 1873         Section 62. Subsection (2) of section 164.1031, Florida
 1874  Statutes, is amended to read:
 1875         164.1031 Definitions.—For purposes of this act:
 1876         (2) “Regional governmental entities” includes regional
 1877  planning councils, metropolitan planning organizations, water
 1878  supply authorities that include more than one county, local
 1879  health councils, water management districts, and other regional
 1880  entities that are authorized and created by general or special
 1881  law that have duties or responsibilities extending beyond the
 1882  jurisdiction of a single county.
 1883         Section 63. Subsection (5) of section 186.003, Florida
 1884  Statutes, is amended to read:
 1885         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
 1886  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
 1887         (5) “Regional planning agency” means the regional planning
 1888  council created pursuant to ss. 186.501-186.515 to exercise
 1889  responsibilities under ss. 186.001-186.031 and 186.801-186.901
 1890  in a particular region of the state.
 1891         Section 64. Subsection (7) of section 186.006, Florida
 1892  Statutes, is amended to read:
 1893         186.006 Powers and responsibilities of Executive Office of
 1894  the Governor.—For the purpose of establishing consistency and
 1895  uniformity in the state and regional planning process and in
 1896  order to ensure that the intent of ss. 186.001-186.031 and
 1897  186.801-186.901 is accomplished, the Executive Office of the
 1898  Governor shall:
 1899         (7) Act as the state clearinghouse and designate the
 1900  regional planning councils as the regional data clearinghouses.
 1901         Section 65. Subsections (7) and (8) of section 186.007,
 1902  Florida Statutes, are amended to read:
 1903         186.007 State comprehensive plan; preparation; revision.—
 1904         (7) In preparing and revising the state comprehensive plan,
 1905  the Executive Office of the Governor shall, to the extent
 1906  feasible, consider studies, reports, and plans of each
 1907  department, agency, and institution of state and local
 1908  government, each regional planning agency, and the Federal
 1909  Government and shall take into account the existing and
 1910  prospective resources, capabilities, and needs of state and
 1911  local levels of government.
 1912         (8) The revision of the state comprehensive plan is a
 1913  continuing process. Each section of the plan must shall be
 1914  reviewed and analyzed biennially by the Executive Office of the
 1915  Governor in conjunction with the planning officers of other
 1916  state agencies significantly affected by the provisions of the
 1917  particular section under review. In conducting this review and
 1918  analysis, the Executive Office of the Governor shall review and
 1919  consider, with the assistance of the state land planning agency,
 1920  any relevant reports, data, or analyses and regional planning
 1921  councils, the evaluation and appraisal reports prepared pursuant
 1922  to s. 186.511. Any necessary revisions of the state
 1923  comprehensive plan shall be proposed by the Governor in a
 1924  written report and be accompanied by an explanation of the need
 1925  for such changes. If the Governor determines that changes are
 1926  unnecessary, the written report must explain why changes are
 1927  unnecessary. The proposed revisions and accompanying
 1928  explanations may be submitted in the report required by s.
 1929  186.031. Any proposed revisions to the plan must shall be
 1930  submitted to the Legislature as provided in s. 186.008(2) at
 1931  least 30 days before prior to the regular legislative session
 1932  occurring in each even-numbered year.
 1933         Section 66. Subsection (1) of section 186.008, Florida
 1934  Statutes, is amended to read:
 1935         186.008 State comprehensive plan; revision;
 1936  implementation.—
 1937         (1) On or before October 1 of every odd-numbered year, the
 1938  Executive Office of the Governor shall prepare, and the Governor
 1939  shall recommend to the Administration Commission, any proposed
 1940  revisions to the state comprehensive plan deemed necessary. The
 1941  Governor shall transmit his or her recommendations and
 1942  explanation as required by s. 186.007(8). Copies must shall also
 1943  be provided to each state agency, to each regional planning
 1944  agency, to any other unit of government that requests a copy,
 1945  and to any member of the public who requests a copy.
 1946         Section 67. Section 186.803, Florida Statutes, is amended
 1947  to read:
 1948         186.803 Use of geographic information by governmental
 1949  entities.—When state agencies, water management districts,
 1950  regional planning councils, local governments, and other
 1951  governmental entities use maps, including geographic information
 1952  maps and other graphic information materials, as the source of
 1953  data for planning or any other purposes, they must take into
 1954  account that the accuracy and reliability of such maps and data
 1955  may be limited by various factors, including the scale of the
 1956  maps, the timeliness and accuracy of the underlying information,
 1957  the availability of more accurate site-specific information, and
 1958  the presence or absence of ground truthing or peer review of the
 1959  underlying information contained in such maps and other graphic
 1960  information. This section does not apply to maps adopted
 1961  pursuant to part II of chapter 163.
 1962         Section 68. Paragraph (b) of subsection (20) and paragraph
 1963  (b) of subsection (21) of section 187.201, Florida Statutes, are
 1964  amended to read:
 1965         187.201 State Comprehensive Plan adopted.—The Legislature
 1966  hereby adopts as the State Comprehensive Plan the following
 1967  specific goals and policies:
 1968         (20) GOVERNMENTAL EFFICIENCY.—
 1969         (b) Policies.—
 1970         1. Encourage greater cooperation between, among, and within
 1971  all levels of Florida government through the use of appropriate
 1972  interlocal agreements and mutual participation for mutual
 1973  benefit.
 1974         2. Allow the creation of independent special taxing
 1975  districts which have uniform general law standards and
 1976  procedures and do not overburden other governments and their
 1977  taxpayers while preventing the proliferation of independent
 1978  special taxing districts which do not meet these standards.
 1979         3. Encourage the use of municipal services taxing units and
 1980  other dependent special districts to provide needed
 1981  infrastructure where the fiscal capacity exists to support such
 1982  an approach.
 1983         4. Eliminate regulatory activities that are not tied to
 1984  specific public and natural resource protection needs.
 1985         5. Eliminate needless duplication of, and promote
 1986  cooperation in, governmental activities between, among, and
 1987  within state, regional, county, city, and other governmental
 1988  units.
 1989         6. Ensure, wherever possible, that the geographic
 1990  boundaries of water management districts, regional planning
 1991  councils, and substate districts of the executive departments
 1992  are shall be coterminous for related state or agency programs
 1993  and functions and promote interagency agreements in order to
 1994  reduce the number of districts and councils with jurisdiction in
 1995  any one county.
 1996         7. Encourage and provide for the restructuring of city and
 1997  county political jurisdictions with the goals of greater
 1998  efficiency and high-quality and more equitable and responsive
 1999  public service programs.
 2000         8. Replace multiple, small scale, economically inefficient
 2001  local public facilities with regional facilities where they are
 2002  proven to be more economical, particularly in terms of energy
 2003  efficiency, and yet can retain the quality of service expected
 2004  by the public.
 2005         9. Encourage greater efficiency and economy at all levels
 2006  of government through adoption and implementation of effective
 2007  records management, information management, and evaluation
 2008  procedures.
 2009         10. Throughout government, establish citizen management
 2010  efficiency groups and internal management groups to make
 2011  recommendations for greater operating efficiencies and improved
 2012  management practices.
 2013         11. Encourage governments to seek outside contracting on a
 2014  competitive-bid basis when cost-effective and appropriate.
 2015         12. Discourage undue expansion of state government and make
 2016  every effort to streamline state government in a cost-effective
 2017  manner.
 2018         13. Encourage joint venture solutions to mutual problems
 2019  between levels of government and private enterprise.
 2020         (21) THE ECONOMY.—
 2021         (b) Policies.—
 2022         1. Attract new job-producing industries, corporate
 2023  headquarters, distribution and service centers, regional
 2024  offices, and research and development facilities to provide
 2025  quality employment for the residents of Florida.
 2026         2. Promote entrepreneurship, small and small and minority
 2027  owned business startups, and business startups in rural or urban
 2028  areas as described in s. 288.703 by providing technical and
 2029  information resources, facilitating capital formation, and
 2030  removing regulatory restraints which are unnecessary for the
 2031  protection of consumers and society.
 2032         3. Maintain, as one of the state’s primary economic assets,
 2033  the environment, including clean air and water, beaches,
 2034  forests, historic landmarks, and agricultural and natural
 2035  resources.
 2036         4. Strengthen Florida’s position in the world economy
 2037  through attracting foreign investment and promoting
 2038  international banking and trade.
 2039         5. Build on the state’s attractiveness to make it a leader
 2040  in the visual and performing arts and in all phases of film,
 2041  television, and recording production.
 2042         6. Promote economic development for Florida residents
 2043  through partnerships among education, business, industry,
 2044  agriculture, and the arts.
 2045         7. Provide increased opportunities for training Florida’s
 2046  workforce to provide skilled employees for new and expanding
 2047  business.
 2048         8. Promote economic self-sufficiency through training and
 2049  educational programs which result in productive employment.
 2050         9. Promote cooperative employment arrangements between
 2051  private employers and public sector employment efforts to
 2052  provide productive, permanent employment opportunities for
 2053  public assistance recipients through provisions of education
 2054  opportunities, tax incentives, and employment training.
 2055         10. Provide for nondiscriminatory employment opportunities.
 2056         11. Provide quality child day care for public assistance
 2057  families and others who need it in order to work.
 2058         12. Encourage the development of a business climate that
 2059  provides opportunities for the growth and expansion of existing
 2060  state industries, particularly those industries which are
 2061  compatible with Florida’s environment.
 2062         13. Promote coordination among Florida’s ports to increase
 2063  their utilization.
 2064         14. Encourage the full utilization by businesses of the
 2065  economic development enhancement programs implemented by the
 2066  Legislature for the purpose of extensively involving private
 2067  businesses in the development and expansion of permanent job
 2068  opportunities, especially for the economically disadvantaged,
 2069  through the utilization of enterprise zones, community
 2070  development corporations, and other programs designed to enhance
 2071  economic and employment opportunities.
 2072         Section 69. Paragraph (g) of subsection (3) of section
 2073  212.096, Florida Statutes, is amended to read:
 2074         212.096 Sales, rental, storage, use tax; enterprise zone
 2075  jobs credit against sales tax.—
 2076         (3) In order to claim this credit, an eligible business
 2077  must file under oath with the governing body or enterprise zone
 2078  development agency having jurisdiction over the enterprise zone
 2079  where the business is located, as applicable, a statement which
 2080  includes:
 2081         (g) Whether the business is a small business as defined by
 2082  s. 288.703 s. 288.703(6).
 2083         Section 70. Paragraph (c) of subsection (1) and subsection
 2084  (2) of section 218.32, Florida Statutes, are amended to read:
 2085         218.32 Annual financial reports; local governmental
 2086  entities.—
 2087         (1)
 2088         (c) Each regional planning council created under s.
 2089  186.504, each local government finance commission, board, or
 2090  council, and each municipal power corporation created as a
 2091  separate legal or administrative entity by interlocal agreement
 2092  under s. 163.01(7) shall submit to the department a copy of its
 2093  audit report and an annual financial report for the previous
 2094  fiscal year in a format prescribed by the department.
 2095         (2) The department shall annually by December 1 file a
 2096  verified report with the Governor, the Legislature, the Auditor
 2097  General, and the Special District Accountability Program of the
 2098  Department of Commerce showing the revenues, both locally
 2099  derived and derived from intergovernmental transfers, and the
 2100  expenditures of each local governmental entity, regional
 2101  planning council, local government finance commission, and
 2102  municipal power corporation that is required to submit an annual
 2103  financial report. In preparing the verified report, the
 2104  department may request additional information from the local
 2105  governmental entity. The information requested must be provided
 2106  to the department within 45 days after the request. If the local
 2107  governmental entity does not comply with the request, the
 2108  department shall notify the Legislative Auditing Committee,
 2109  which may take action pursuant to s. 11.40(2). The report must
 2110  include, but is not limited to:
 2111         (a) The total revenues and expenditures of each local
 2112  governmental entity that is a component unit included in the
 2113  annual financial report of the reporting entity.
 2114         (b) The amount of outstanding long-term debt by each local
 2115  governmental entity. For purposes of this paragraph, the term
 2116  “long-term debt” means any agreement or series of agreements to
 2117  pay money, which, at inception, contemplate terms of payment
 2118  exceeding 1 year in duration.
 2119         Section 71. Section 255.101, Florida Statutes, is amended
 2120  to read:
 2121         255.101 Contracts for public construction works;
 2122  utilization of rural or urban minority business enterprises.—
 2123         (1) All county officials, boards of county commissioners,
 2124  school boards, city councils, city commissioners, and all other
 2125  public officers of state boards or commissions which are charged
 2126  with the letting of contracts for public works and for the
 2127  construction of public bridges, buildings, and other structures
 2128  shall operate in accordance with s. 287.093, except that all
 2129  contracts for the construction of state facilities should comply
 2130  with provisions in s. 287.09451, and rules adopted pursuant
 2131  thereto, for the utilization of rural or urban minority business
 2132  enterprises. When construction is financed in whole or in part
 2133  from federal funds and where federal provisions for utilization
 2134  of rural or urban minority business enterprises apply, this
 2135  section may shall not apply.
 2136         (2) Counties, municipalities, and special districts as
 2137  defined in chapter 189, or other political subdivisions of the
 2138  state are encouraged to be sensitive to the effect of job-size
 2139  barriers on rural or urban minority businesses. To this end,
 2140  these governmental entities are encouraged to competitively
 2141  award public construction projects exceeding $100,000.
 2142         Section 72. Section 255.102, Florida Statutes, is amended
 2143  to read:
 2144         255.102 Contractor utilization of rural or urban minority
 2145  business enterprises.—
 2146         (1) Agencies shall consider the use of price preferences,
 2147  weighted preference formulas, or other preferences for
 2148  construction contracts, as determined appropriate by the Office
 2149  of Supplier Development Diversity to increase minority
 2150  participation in rural or urban areas.
 2151         (2) The Office of Supplier Development Diversity, in
 2152  collaboration with the Board of Governors of the State
 2153  University System, shall adopt rules to determine what is a
 2154  “good faith effort” for purposes of contractor compliance with
 2155  rural or urban areas minority participation goals established
 2156  for competitively awarded building and construction projects.
 2157  Pro forma efforts may shall not be considered good faith.
 2158  Factors which must shall be considered by the state agency in
 2159  determining whether a contractor has made good faith efforts
 2160  shall include, but not be limited to:
 2161         (a) Whether the contractor attended any presolicitation or
 2162  prebid meetings that were scheduled by the agency to inform
 2163  rural or urban minority business enterprises of contracting and
 2164  subcontracting opportunities.
 2165         (b) Whether the contractor advertised in general
 2166  circulation, trade association, or rural-focused or urban
 2167  focused minority-focus media concerning the subcontracting
 2168  opportunities.
 2169         (c) Whether the contractor provided written notice to all
 2170  relevant subcontractors listed on the minority vendor list for
 2171  that locality and statewide as provided by the agency as of the
 2172  date of issuance of the invitation to bid, that their interest
 2173  in the contract was being solicited in sufficient time to allow
 2174  the rural or urban minority business enterprises to participate
 2175  effectively.
 2176         (d) Whether the contractor followed up initial
 2177  solicitations of interest by contacting rural or urban minority
 2178  business enterprises, the Office of Supplier Development
 2179  Diversity, or minority persons who responded and provided
 2180  detailed information about prebid meetings, access to plans,
 2181  specifications, contractor’s project manager, subcontractor
 2182  bonding, if any, payment schedule, bid addenda, and other
 2183  assistance provided by the contractor to enhance rural or urban
 2184  minority business enterprise participation.
 2185         (e) Whether the contractor selected portions of the work to
 2186  be performed by rural or urban minority business enterprises in
 2187  order to increase the likelihood of meeting the rural or urban
 2188  minority business enterprise procurement goals, including, where
 2189  appropriate, breaking down contracts into economically feasible
 2190  units to facilitate rural or urban minority business enterprise
 2191  participation under reasonable and economical conditions of
 2192  performance.
 2193         (f) Whether the contractor provided the Office of Supplier
 2194  Development Diversity as well as interested rural or urban
 2195  minority business enterprises or minority persons with adequate
 2196  information about the plans, specifications, and requirements of
 2197  the contract or the availability of jobs at a time no later than
 2198  when such information was provided to other subcontractors.
 2199         (g) Whether the contractor negotiated in good faith with
 2200  interested rural or urban minority business enterprises or
 2201  minority persons, not rejecting rural or urban minority business
 2202  enterprises or minority persons as unqualified without sound
 2203  reasons based on a thorough investigation of their capabilities
 2204  or imposing implausible conditions of performance on the
 2205  contract.
 2206         (h) Whether the contractor diligently seeks to replace a
 2207  rural or urban minority business enterprise subcontractor that
 2208  is unable to perform successfully with another rural or urban
 2209  minority business enterprise.
 2210         (i) Whether the contractor effectively used the services of
 2211  available rural or urban minority community organizations; rural
 2212  or urban minority contractors’ groups; local, state, and federal
 2213  rural or urban minority business assistance offices; and other
 2214  organizations that provide assistance in the recruitment and
 2215  placement of rural or urban minority business enterprises or
 2216  minority persons.
 2217         (3) If an agency considers any other criteria in
 2218  determining whether a contractor has made a good faith effort,
 2219  the agency must shall adopt such criteria in accordance with s.
 2220  120.54, and, where required by that section, by rule, after May
 2221  31, 1994. In adopting such criteria, the agency shall identify
 2222  the specific factors in as objective a manner as possible to be
 2223  used to assess a contractor’s performance against said criteria.
 2224         (4) Notwithstanding the provisions of s. 287.09451 to the
 2225  contrary, agencies shall monitor good faith efforts of
 2226  contractors in competitively awarded building and construction
 2227  projects, in accordance with rules established pursuant to this
 2228  section. It is the responsibility of the contractor to exercise
 2229  good faith efforts in accordance with rules established pursuant
 2230  to this section, and to provide documentation necessary to
 2231  assess efforts to include rural or urban minority business
 2232  participation.
 2233         Section 73. Paragraph (a) of subsection (7) of section
 2234  258.501, Florida Statutes, is amended to read:
 2235         258.501 Myakka River; wild and scenic segment.—
 2236         (7) MANAGEMENT COORDINATING COUNCIL.—
 2237         (a) Upon designation, the department shall create a
 2238  permanent council to provide interagency and intergovernmental
 2239  coordination in the management of the river. The coordinating
 2240  council shall be composed of one representative appointed from
 2241  each of the following: the department, the Department of
 2242  Transportation, the Fish and Wildlife Conservation Commission,
 2243  the Department of Commerce, the Florida Forest Service of the
 2244  Department of Agriculture and Consumer Services, the Division of
 2245  Historical Resources of the Department of State, the Tampa Bay
 2246  Regional Planning Council, the Southwest Florida Water
 2247  Management District, the Southwest Florida Regional Planning
 2248  Council, Manatee County, Sarasota County, Charlotte County, the
 2249  City of Sarasota, the City of North Port, agricultural
 2250  interests, environmental organizations, and any others deemed
 2251  advisable by the department.
 2252         Section 74. Subsections (1) and (3) of section 260.0142,
 2253  Florida Statutes, are amended to read:
 2254         260.0142 Florida Greenways and Trails Council; composition;
 2255  powers and duties.—
 2256         (1) There is created within the department the Florida
 2257  Greenways and Trails Council which shall advise the department
 2258  in the execution of the department’s powers and duties under
 2259  this chapter. The council shall be composed of 19 21 members,
 2260  consisting of:
 2261         (a)1. Five Six members appointed by the Governor, with two
 2262  members representing the trail user community, two members
 2263  representing the greenway user community, one member from the
 2264  board of the Florida Wildlife Corridor Foundation, and one
 2265  member representing private landowners.
 2266         2. Three members appointed by the President of the Senate,
 2267  with one member representing the trail user community and two
 2268  members representing the greenway user community.
 2269         3. Three members appointed by the Speaker of the House of
 2270  Representatives, with two members representing the trail user
 2271  community and one member representing the greenway user
 2272  community.
 2273  
 2274  Those eligible to represent the trail user community shall be
 2275  chosen from, but not be limited to, paved trail users, hikers,
 2276  off-road bicyclists, users of off-highway vehicles, paddlers,
 2277  equestrians, disabled outdoor recreational users, and commercial
 2278  recreational interests. Those eligible to represent the greenway
 2279  user community must be chosen from, but not be limited to,
 2280  conservation organizations, nature study organizations, and
 2281  scientists and university experts.
 2282         (b) The 8 9 remaining members include:
 2283         1. The Secretary of Environmental Protection or a designee.
 2284         2. The executive director of the Fish and Wildlife
 2285  Conservation Commission or a designee.
 2286         3. The Secretary of Transportation or a designee.
 2287         4. The Director of the Florida Forest Service of the
 2288  Department of Agriculture and Consumer Services or a designee.
 2289         5. The director of the Division of Historical Resources of
 2290  the Department of State or a designee.
 2291         6. A representative of the water management districts.
 2292  Membership on the council must rotate among the five districts.
 2293  The districts shall determine the order of rotation.
 2294         7. A representative of a federal land management agency.
 2295  The Secretary of Environmental Protection shall identify the
 2296  appropriate federal agency and request designation of a
 2297  representative from the agency to serve on the council.
 2298         8. A representative of the regional planning councils to be
 2299  appointed by the Secretary of Environmental Protection.
 2300  Membership on the council must rotate among the seven regional
 2301  planning councils. The regional planning councils shall
 2302  determine the order of rotation.
 2303         8.9. A representative of local governments to be appointed
 2304  by the Secretary of Environmental Protection. Membership must
 2305  alternate between a county representative and a municipal
 2306  representative.
 2307         (3) The term of all appointees shall be for 2 years unless
 2308  otherwise specified. The appointees of the Governor, the
 2309  President of the Senate, and the Speaker of the House of
 2310  Representatives may be reappointed for no more than four
 2311  consecutive terms. The representatives of the water management
 2312  districts, regional planning councils, and local governments may
 2313  be reappointed for no more than two consecutive terms. All other
 2314  appointees shall serve until replaced.
 2315         Section 75. Subsections (8), (9), and (12) of section
 2316  287.057, Florida Statutes, are amended to read:
 2317         287.057 Procurement of commodities or contractual
 2318  services.—
 2319         (8)(a) In order to strive to meet the rural or urban
 2320  minority business enterprise procurement goals set forth in s.
 2321  287.09451, an agency may reserve any contract for competitive
 2322  solicitation only among certified rural or urban minority
 2323  business enterprises. Agencies shall review all their contracts
 2324  each fiscal year and shall determine which contracts may be
 2325  reserved for solicitation only among certified rural or urban
 2326  minority business enterprises. This reservation may only be used
 2327  when it is determined, by reasonable and objective means, before
 2328  the solicitation that there are capable, qualified certified
 2329  rural or urban minority business enterprises available to submit
 2330  a bid, proposal, or reply on a contract to provide for effective
 2331  competition. The Office of Supplier Development Diversity shall
 2332  consult with any agency in reaching such determination when
 2333  deemed appropriate.
 2334         (b) Before a contract may be reserved for solicitation only
 2335  among certified rural or urban minority business enterprises,
 2336  the agency head must find that such a reservation is in the best
 2337  interests of the state. All determinations are shall be subject
 2338  to s. 287.09451(5). Once a decision has been made to reserve a
 2339  contract, but before sealed bids, proposals, or replies are
 2340  requested, the agency shall estimate what it expects the amount
 2341  of the contract to be, based on the nature of the services or
 2342  commodities involved and their value under prevailing market
 2343  conditions. If all the sealed bids, proposals, or replies
 2344  received are over this estimate, the agency may reject the bids,
 2345  proposals, or replies and request new ones from certified rural
 2346  or urban minority business enterprises, or the agency may reject
 2347  the bids, proposals, or replies and reopen the bidding to all
 2348  eligible vendors.
 2349         (c) All agencies shall consider the use of price
 2350  preferences of up to 10 percent, weighted preference formulas,
 2351  or other preferences for vendors as determined appropriate
 2352  pursuant to guidelines established in accordance with s.
 2353  287.09451(4) to increase the participation of certified rural or
 2354  urban minority business enterprises.
 2355         (d) All agencies shall avoid any undue concentration of
 2356  contracts or purchases in categories of commodities or
 2357  contractual services in order to meet the certified rural or
 2358  urban minority business enterprise purchasing goals in s.
 2359  287.09451.
 2360         (9) An agency may reserve any contract for competitive
 2361  solicitation only among vendors who agree to use certified rural
 2362  or urban minority business enterprises as subcontractors or
 2363  subvendors. The percentage of funds, in terms of gross contract
 2364  amount and revenues, which must be expended with the certified
 2365  rural or urban minority business enterprise subcontractors and
 2366  subvendors shall be determined by the agency before such
 2367  contracts may be reserved. In order to bid on a contract so
 2368  reserved, the vendor shall identify those certified rural or
 2369  urban minority business enterprises which will be utilized as
 2370  subcontractors or subvendors by sworn statement. At the time of
 2371  performance or project completion, the contractor shall report
 2372  by sworn statement the payments and completion of work for all
 2373  certified rural or urban minority business enterprises used in
 2374  the contract.
 2375         (12) If two equal responses to a solicitation or a request
 2376  for quote are received and one response is from a certified
 2377  rural or urban minority business enterprise, the agency must
 2378  shall enter into a contract with the certified rural or urban
 2379  minority business enterprise.
 2380         Section 76. Section 287.0943, Florida Statutes, is amended
 2381  to read:
 2382         287.0943 Certification of rural or urban minority business
 2383  enterprises.—
 2384         (1) A business certified by any local governmental
 2385  jurisdiction or organization shall be accepted by the Department
 2386  of Management Services, Office of Supplier Development
 2387  Diversity, as a certified rural or urban minority business
 2388  enterprise for purposes of doing business with state government
 2389  when the Office of Supplier Development Diversity determines
 2390  that the state’s rural or urban minority business enterprise
 2391  certification criteria are applied in the local certification
 2392  process.
 2393         (2)(a) The office is hereby directed to convene a “Rural or
 2394  Urban Minority Business Certification Task Force.” The task
 2395  force shall meet as often as necessary, but no less frequently
 2396  than annually.
 2397         (b) The task force shall be regionally balanced and
 2398  comprised of officials representing the department, counties,
 2399  municipalities, school boards, special districts, and other
 2400  political subdivisions of the state who administer programs to
 2401  assist rural or urban minority businesses in procurement or
 2402  development in government-sponsored programs. The following
 2403  organizations may appoint two members each of the task force who
 2404  fit the description above:
 2405         1. The Florida League of Cities, Inc.
 2406         2. The Florida Association of Counties.
 2407         3. The Florida School Boards Association, Inc.
 2408         4. The Association of Special Districts.
 2409         5. The Florida Association of Rural or Urban Minority
 2410  Business Enterprise Officials.
 2411         6. The Florida Association of Government Purchasing
 2412  Officials.
 2413  
 2414  In addition, the Office of Supplier Development Diversity shall
 2415  appoint seven members consisting of three representatives of
 2416  rural or urban minority business enterprises, one of whom should
 2417  be a woman business owner, two officials of the office, and two
 2418  at-large members to ensure balance. A quorum shall consist of
 2419  one-third of the current members, and the task force may take
 2420  action by majority vote. Any vacancy may only be filled by the
 2421  organization or agency originally authorized to appoint the
 2422  position.
 2423         (c) The purpose of the task force will be to propose
 2424  uniform criteria and procedures by which participating entities
 2425  and organizations can qualify businesses to participate in
 2426  procurement or contracting programs as certified rural or urban
 2427  minority business enterprises in accordance with the
 2428  certification criteria established by law.
 2429         (d) A final list of the criteria and procedures proposed by
 2430  the task force shall be considered by the secretary. The task
 2431  force may seek technical assistance from qualified providers of
 2432  technical, business, and managerial expertise to ensure the
 2433  reliability of the certification criteria developed.
 2434         (e) In assessing the status of ownership and control,
 2435  certification criteria shall, at a minimum:
 2436         1. Link ownership by a minority person owning a business
 2437  enterprise in a rural or urban area as defined in s. 288.703, or
 2438  as dictated by the legal obligations of a certifying
 2439  organization, to day-to-day control and financial risk by the
 2440  qualifying minority owner, and to demonstrated expertise or
 2441  licensure of an a minority owner in any trade or profession that
 2442  the rural or urban minority business enterprise will offer to
 2443  the state when certified. Businesses must comply with all state
 2444  licensing requirements before becoming certified as a rural or
 2445  urban minority business enterprise.
 2446         2. If present ownership was obtained by transfer, require
 2447  the minority person on whom eligibility is based to have owned
 2448  at least 51 percent of the applicant firm for a minimum of 2
 2449  years, when any previous majority ownership interest in the firm
 2450  was by a nonminority who is or was a relative, former employer,
 2451  or current employer of the minority person on whom eligibility
 2452  is based. This requirement does not apply to minority persons
 2453  who are otherwise eligible who take a 51-percent-or-greater
 2454  interest in a firm that requires professional licensure to
 2455  operate and who will be the qualifying licenseholder for the
 2456  firm when certified. A transfer made within a related immediate
 2457  family group from a nonminority person to a minority person in
 2458  order to establish ownership by a minority person shall be
 2459  deemed to have been made solely for purposes of satisfying
 2460  certification criteria and shall render such ownership invalid
 2461  for purposes of qualifying for such certification if the
 2462  combined total net asset value of all members of such family
 2463  group exceeds $1 million. For purposes of this subparagraph, the
 2464  term “related immediate family group” means one or more children
 2465  under 16 years of age and a parent of such children or the
 2466  spouse of such parent residing in the same house or living unit.
 2467         3. Require that prospective certified rural or urban
 2468  minority business enterprises be currently performing or seeking
 2469  to perform a useful business function. A “useful business
 2470  function” is defined as a business function which results in the
 2471  provision of materials, supplies, equipment, or services to
 2472  customers. Acting as a conduit to transfer funds to a non-rural
 2473  or a non-urban nonminority business does not constitute a useful
 2474  business function unless it is done so in a normal industry
 2475  practice. As used in this section, the term “acting as a
 2476  conduit” means, in part, not acting as a regular dealer by
 2477  making sales of material, goods, or supplies from items bought,
 2478  kept in stock, and regularly sold to the public in the usual
 2479  course of business. Brokers, manufacturer’s representatives,
 2480  sales representatives, and nonstocking distributors are
 2481  considered as conduits that do not perform a useful business
 2482  function, unless normal industry practice dictates.
 2483         (f) When a business receives payments or awards exceeding
 2484  $100,000 in one fiscal year, a review of its certification
 2485  status or an audit will be conducted within 2 years. In
 2486  addition, random reviews or audits will be conducted as deemed
 2487  appropriate by the Office of Supplier Development Diversity.
 2488         (g) The certification criteria approved by the task force
 2489  and adopted by the Department of Management Services must shall
 2490  be included in a statewide and interlocal agreement as defined
 2491  in s. 287.09431 and, in accordance with s. 163.01, shall be
 2492  executed according to the terms included therein.
 2493         (h) The certification procedures should allow an applicant
 2494  seeking certification to designate on the application form the
 2495  information the applicant considers to be proprietary,
 2496  confidential business information. As used in this paragraph,
 2497  the term “proprietary, confidential business information”
 2498  includes, but is not limited to, any information that would be
 2499  exempt from public inspection pursuant to the provisions of
 2500  chapter 119; trade secrets; internal auditing controls and
 2501  reports; contract costs; or other information the disclosure of
 2502  which would injure the affected party in the marketplace or
 2503  otherwise violate s. 286.041. The executor in receipt of the
 2504  application shall issue written and final notice of any
 2505  information for which noninspection is requested but not
 2506  provided for by law.
 2507         (i) A business that is certified under the provisions of
 2508  the statewide and interlocal agreement is shall be deemed a
 2509  certified rural or urban minority enterprise in all
 2510  jurisdictions or organizations where the agreement is in effect,
 2511  and that business is deemed available to do business as such
 2512  within any such jurisdiction or with any such organization
 2513  statewide. All state agencies must accept rural or urban
 2514  minority business enterprises certified in accordance with the
 2515  statewide and interlocal agreement of s. 287.09431, and that
 2516  business shall also be deemed a “certified rural or urban
 2517  minority business enterprise” as defined in s. 288.703. However,
 2518  any governmental jurisdiction or organization that administers a
 2519  rural or urban minority business purchasing program may reserve
 2520  the right to establish further certification procedures
 2521  necessary to comply with federal law.
 2522         (j) The statewide and interlocal agreement must shall be
 2523  guided by the terms and conditions found therein and may be
 2524  amended at any meeting of the task force and subsequently
 2525  adopted by the secretary of the Department of Management
 2526  Services. The amended agreement must be enacted, initialed, and
 2527  legally executed by at least two-thirds of the certifying
 2528  entities party to the existing agreement and adopted by the
 2529  state as originally executed in order to bind the certifying
 2530  entity.
 2531         (k) The task force shall meet for the first time no later
 2532  than 45 days after the effective date of this act.
 2533         (3)(a) The office shall review and evaluate the
 2534  certification programs and procedures of all prospective
 2535  executors of the statewide and interlocal agreement to determine
 2536  whether if their programs exhibit the capacity to meet the
 2537  standards of the agreement.
 2538         (b) The evaluations shall, at a minimum, consider: the
 2539  certifying entity’s capacity to conduct investigations of
 2540  applicants seeking certification under the designated criteria;
 2541  the ability of the certifying entity to collect the requisite
 2542  data and to establish adequate protocol to store and exchange
 2543  said information among the executors of the agreement and to
 2544  provide adequate security to prevent unauthorized access to
 2545  information gathered during the certification process; and the
 2546  degree to which any legal obligations or supplemental
 2547  requirements unique to the certifying entity exceed the capacity
 2548  of that entity to conduct certifications.
 2549         (c) Any firms certified by organizations or governmental
 2550  entities determined not to meet the state certification criteria
 2551  may shall not be eligible to participate as certified rural or
 2552  urban minority business enterprises in the rural or urban
 2553  minority business assistance programs of the state. For a period
 2554  of 1 year from the effective date of this legislation, the
 2555  executor of the statewide and interlocal agreement may elect to
 2556  accept only rural or urban minority business enterprises
 2557  certified pursuant to criteria in place at the time the
 2558  agreement was signed. After the 1-year period, either party may
 2559  elect to withdraw from the agreement without further notice.
 2560         (d) Any organizations or governmental entities determined
 2561  by the office not to meet the standards of the agreement may
 2562  shall not be eligible to execute the statewide and interlocal
 2563  agreement as a participating organization until approved by the
 2564  office.
 2565         (e) Any participating program receiving three or more
 2566  challenges to its certification decisions pursuant to subsection
 2567  (4) from other organizations that are executors to the statewide
 2568  and interlocal agreement, shall be subject to a review by the
 2569  office, as provided in paragraphs (a) and (b), of the
 2570  organization’s capacity to perform under such agreement and in
 2571  accordance with the core criteria established by the task force.
 2572  The office shall submit a report to the secretary of the
 2573  Department of Management Services regarding the results of the
 2574  review.
 2575         (f) The office shall maintain a directory of all executors
 2576  of the statewide and interlocal agreement. The directory should
 2577  be communicated to the general public.
 2578         (4) A certification may be challenged by any executor to
 2579  the statewide and interlocal agreement upon the grounds of
 2580  failure by the certifying organization to adhere to the adopted
 2581  criteria or to the certifying organization’s rules and
 2582  procedures, or on the grounds of a misrepresentation or fraud by
 2583  the certified rural or urban minority business enterprise. The
 2584  challenge must shall proceed according to procedures specified
 2585  in the agreement.
 2586         (5)(a) The secretary of the Department of Management
 2587  Services shall execute the statewide and interlocal agreement
 2588  established under s. 287.09431 on behalf of the state. The
 2589  office shall certify rural or urban minority business
 2590  enterprises in accordance with the laws of this state and, by
 2591  affidavit, shall recertify such rural or urban minority business
 2592  enterprises not less than once each year.
 2593         (b) The office shall contract with parties to the statewide
 2594  and interlocal agreement to perform onsite visits associated
 2595  with state certifications.
 2596         (6)(a) The office shall maintain up-to-date records of all
 2597  certified rural or urban minority business enterprises, as
 2598  defined in s. 288.703, and of applications for certification
 2599  that were denied and shall make this list available to all
 2600  agencies. The office shall, for statistical purposes, collect
 2601  and track subgroupings of gender and nationality status for each
 2602  certified rural or urban minority business enterprise. Agency
 2603  spending shall also be tracked for these subgroups. The records
 2604  may include information about certified rural or urban minority
 2605  business enterprises that provide legal services, auditing
 2606  services, and health services. Agencies shall use this list in
 2607  efforts to meet the certified rural or urban minority business
 2608  enterprise procurement goals set forth in s. 287.09451.
 2609         (b) The office shall establish and administer a
 2610  computerized data bank to carry out the requirements of
 2611  paragraph (a), to be available to all executors of the statewide
 2612  and interlocal agreement. Data maintained in the data bank must
 2613  shall be sufficient to allow each executor to reasonably monitor
 2614  certifications it has issued.
 2615         (7) The office shall identify rural or urban minority
 2616  business enterprises eligible for certification in all areas of
 2617  state services and commodities purchasing. The office may
 2618  contract with a private firm or other agency, if necessary, in
 2619  seeking to identify rural or urban minority business enterprises
 2620  for certification. Agencies may request the office to identify
 2621  certifiable rural or urban minority business enterprises that
 2622  are in the business of providing a given service or commodity;
 2623  the office shall respond to such requests and seek out such
 2624  certifiable rural or urban minority business enterprises.
 2625         (8) The office shall adopt rules necessary to implement
 2626  this section.
 2627         (9) State agencies shall comply with this act except to the
 2628  extent that the requirements of this act are in conflict with
 2629  federal law.
 2630         (10) Any transfer of ownership or permanent change in the
 2631  management and daily operations of a certified rural or urban
 2632  minority business enterprise which may affect certification must
 2633  be reported to the original certifying jurisdiction or entity
 2634  and to the office within 14 days of the transfer or change
 2635  taking place. In the event of a transfer of ownership, the
 2636  transferee seeking to do business with the state as a certified
 2637  rural or urban minority business enterprise is responsible for
 2638  such reporting. In the event of a permanent change in the
 2639  management and daily operations, owners seeking to do business
 2640  with the state as a certified rural or urban minority business
 2641  enterprise are responsible for reporting such change to the
 2642  office. A Any person violating the provisions of this subsection
 2643  commits shall be guilty of a misdemeanor of the first degree,
 2644  punishable as provided in s. 775.082 or s. 775.083.
 2645         (11) To deter fraud in the program, the Auditor General may
 2646  review the criteria by which a business became certified as a
 2647  certified rural or urban minority business enterprise.
 2648         (12) Any executor of the statewide and interlocal agreement
 2649  may revoke the certification or recertification of a firm doing
 2650  business as a certified rural or urban minority business
 2651  enterprise if the rural or urban minority business enterprise
 2652  does not meet the requirements of the jurisdiction or certifying
 2653  entity that certified or recertified the firm as a certified
 2654  rural or urban minority business enterprise, or the requirements
 2655  of subsection (2), s. 288.703(2), and any rule of the office or
 2656  the Department of Management Services or if the business
 2657  acquired certification or recertification by means of falsely
 2658  representing any entity as a rural or urban minority business
 2659  enterprise for purposes of qualifying for certification or
 2660  recertification.
 2661         (13) Unless permanently revoked, a certified rural or urban
 2662  minority business enterprise for which certification or
 2663  recertification has been revoked may not apply or reapply for
 2664  certification or recertification for a minimum of 36 months
 2665  after the date of the notice of revocation.
 2666         (14)(a) Except for certification decisions issued by the
 2667  Office of Supplier Development Diversity, an executor to the
 2668  statewide and interlocal agreement shall, in accordance with its
 2669  rules and procedures:
 2670         1. Give reasonable notice to affected persons or parties of
 2671  its decision to deny certification based on failure to meet
 2672  eligibility requirements of the statewide and interlocal
 2673  agreement of s. 287.09431, together with a summary of the
 2674  grounds therefor.
 2675         2. Give affected persons or parties an opportunity, at a
 2676  convenient time and place, to present to the agency written or
 2677  oral evidence in opposition to the action or of the executor’s
 2678  refusal to act.
 2679         3. Give a written explanation of any subsequent decision of
 2680  the executor overruling the objections.
 2681         (b) An applicant that is denied rural or urban minority
 2682  business enterprise certification based on failure to meet
 2683  eligibility requirements of the statewide and interlocal
 2684  agreement pursuant to s. 287.09431 may not reapply for
 2685  certification or recertification until at least 6 months after
 2686  the date of the notice of the denial of certification or
 2687  recertification.
 2688         (15) The office shall adopt rules in compliance with this
 2689  part.
 2690         Section 77. Paragraph (d) of subsection (3) of section
 2691  287.055, Florida Statutes, is amended to read:
 2692         287.055 Acquisition of professional architectural,
 2693  engineering, landscape architectural, or surveying and mapping
 2694  services; definitions; procedures; contingent fees prohibited;
 2695  penalties.—
 2696         (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—
 2697         (d) Each agency shall evaluate professional services,
 2698  including capabilities, adequacy of personnel, past record,
 2699  experience, whether the firm is a certified minority business
 2700  enterprise as defined by the Florida Small and Minority Business
 2701  Assistance Act, and other factors determined by the agency to be
 2702  applicable to its particular requirements. When securing
 2703  professional services, an agency must endeavor to meet the rural
 2704  or urban minority business enterprise procurement goals under s.
 2705  287.09451.
 2706         Section 78. Section 287.09431, Florida Statutes, is amended
 2707  to read:
 2708         287.09431 Statewide and interlocal agreement on
 2709  certification of business concerns for the status of rural or
 2710  urban minority business enterprise.—The statewide and interlocal
 2711  agreement on certification of business concerns for the status
 2712  of rural or urban minority business enterprise is hereby enacted
 2713  and entered into with all jurisdictions or organizations legally
 2714  joining therein. If, within 2 years from the date that the
 2715  certification core criteria are approved by the Department of
 2716  Management Services, the agreement included herein is not
 2717  executed by a majority of county and municipal governing bodies
 2718  that administer a rural or urban minority business assistance
 2719  program on the effective date of this act, then the Legislature
 2720  shall review this agreement. It is the intent of the Legislature
 2721  that if the agreement is not executed by a majority of the
 2722  requisite governing bodies, then a statewide uniform
 2723  certification process should be adopted, and that such said
 2724  agreement should be repealed and replaced by a mandatory state
 2725  government certification process.
 2726  
 2727                              ARTICLE I                            
 2728  
 2729         PURPOSE, FINDINGS, AND POLICY.—
 2730         (1) The parties to this agreement, desiring by common
 2731  action to establish a uniform certification process in order to
 2732  reduce the multiplicity of applications by business concerns to
 2733  state and local governmental programs for rural or urban
 2734  minority business assistance, declare that it is the policy of
 2735  each of them, on the basis of cooperation with one another, to
 2736  remedy social and economic disadvantage suffered by certain
 2737  groups, resulting in their being historically underutilized in
 2738  ownership and control of commercial enterprises. Thus, the
 2739  parties seek to address this history by increasing the
 2740  participation of the identified groups in opportunities afforded
 2741  by government procurement.
 2742         (2) The parties find that the State of Florida presently
 2743  certifies firms for participation in the rural or urban minority
 2744  business assistance programs of the state. The parties find
 2745  further that some counties, municipalities, school boards,
 2746  special districts, and other divisions of local government
 2747  require a separate, yet similar, and in most cases redundant
 2748  certification in order for businesses to participate in the
 2749  programs sponsored by each government entity.
 2750         (3) The parties find further that this redundant
 2751  certification has proven to be unduly burdensome to the
 2752  minority-owned firms located in rural or urban areas as defined
 2753  in s. 288.703 which are intended to benefit from the underlying
 2754  purchasing incentives.
 2755         (4) The parties agree that:
 2756         (a) They will facilitate integrity, stability, and
 2757  cooperation in the statewide and interlocal certification
 2758  process, and in other elements of programs established to assist
 2759  minority-owned businesses located in rural or urban areas.
 2760         (b) They shall cooperate with agencies, organizations, and
 2761  associations interested in certification and other elements of
 2762  rural or urban minority business assistance.
 2763         (c) It is the purpose of this agreement to provide for a
 2764  uniform process whereby the status of a business concern may be
 2765  determined in a singular review of the business information for
 2766  these purposes, in order to eliminate any undue expense, delay,
 2767  or confusion to the minority-owned businesses located in rural
 2768  or urban areas in seeking to participate in the rural or urban
 2769  minority business assistance programs of state and local
 2770  jurisdictions.
 2771  
 2772                             ARTICLE II                            
 2773  
 2774         DEFINITIONS.—As used in this agreement and contracts made
 2775  pursuant to it, unless the context clearly requires otherwise:
 2776         (1) “Awarding organization” means any political subdivision
 2777  or organization authorized by law, ordinance, or agreement to
 2778  enter into contracts and for which the governing body has
 2779  entered into this agreement.
 2780         (2) “Department” means the Department of Management
 2781  Services.
 2782         (3) “Minority” means a person who is a lawful, permanent
 2783  resident of the state, having origins in one of the minority
 2784  groups as described and adopted by the Department of Management
 2785  Services, hereby incorporated by reference.
 2786         (4) “Rural or urban minority business enterprise” means any
 2787  small business concern as defined in subsection (5) (6) that
 2788  meets all of the criteria described and adopted by the
 2789  Department of Management Services, hereby incorporated by
 2790  reference.
 2791         (3)(5) “Participating state or local organization” means
 2792  any political subdivision of the state or organization
 2793  designated by such that elects to participate in the
 2794  certification process pursuant to this agreement, which has been
 2795  approved according to s. 287.0943(3) and has legally entered
 2796  into this agreement.
 2797         (5)(6) “Small business concern” means an independently
 2798  owned and operated business concern which is of a size and type
 2799  as described and adopted by vote related to this agreement of
 2800  the commission, hereby incorporated by reference.
 2801  
 2802                             ARTICLE III                           
 2803  
 2804         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
 2805         (1) All awarding organizations shall accept a certification
 2806  granted by any participating organization which has been
 2807  approved according to s. 287.0943(3) and has entered into this
 2808  agreement, as valid status of rural or urban minority business
 2809  enterprise.
 2810         (2) A participating organization shall certify a business
 2811  concern that meets the definition of a rural or urban minority
 2812  business enterprise in this agreement, in accordance with the
 2813  duly adopted eligibility criteria.
 2814         (3) All participating organizations shall issue notice of
 2815  certification decisions granting or denying certification to all
 2816  other participating organizations within 14 days of the
 2817  decision. Such notice may be made through electronic media.
 2818         (4) A No certification may not will be granted without an
 2819  onsite visit to verify ownership and control of the prospective
 2820  rural or urban minority business enterprise, unless verification
 2821  can be accomplished by other methods of adequate verification or
 2822  assessment of ownership and control.
 2823         (5) The certification of a rural or urban minority business
 2824  enterprise pursuant to the terms of this agreement may shall not
 2825  be suspended, revoked, or otherwise impaired except on any
 2826  grounds which would be sufficient for revocation or suspension
 2827  of a certification in the jurisdiction of the participating
 2828  organization.
 2829         (6) The certification determination of a party may be
 2830  challenged by any other participating organization by the
 2831  issuance of a timely written notice by the challenging
 2832  organization to the certifying organization’s determination
 2833  within 10 days of receiving notice of the certification
 2834  decision, stating the grounds for such challenge therefor.
 2835         (7) The sole accepted grounds for challenge are shall be
 2836  the failure of the certifying organization to adhere to the
 2837  adopted criteria or the certifying organization’s rules or
 2838  procedures, or the perpetuation of a misrepresentation or fraud
 2839  by the firm.
 2840         (8) The certifying organization shall reexamine its
 2841  certification determination and submit written notice to the
 2842  applicant and the challenging organization of its findings
 2843  within 30 days after the receipt of the notice of challenge.
 2844         (9) If the certification determination is affirmed, the
 2845  challenging agency may subsequently submit timely written notice
 2846  to the firm of its intent to revoke certification of the firm.
 2847  
 2848                             ARTICLE IV                            
 2849  
 2850         APPROVED AND ACCEPTED PROGRAMS.—Nothing in This agreement
 2851  may not shall be construed to repeal or otherwise modify any
 2852  ordinance, law, or regulation of a party relating to the
 2853  existing rural or urban minority business assistance provisions
 2854  and procedures by which rural or urban minority business
 2855  enterprises participate therein.
 2856  
 2857                              ARTICLE V                            
 2858  
 2859         TERM.—The term of the agreement is shall be 5 years, after
 2860  which it may be reexecuted by the parties.
 2861  
 2862                             ARTICLE VI                            
 2863  
 2864         AGREEMENT EVALUATION.—The designated state and local
 2865  officials may meet from time to time as a group to evaluate
 2866  progress under the agreement, to formulate recommendations for
 2867  changes, or to propose a new agreement.
 2868  
 2869                             ARTICLE VII                           
 2870  
 2871         OTHER ARRANGEMENTS.—Nothing in This agreement may not shall
 2872  be construed to prevent or inhibit other arrangements or
 2873  practices of any party in order to comply with federal law.
 2874  
 2875                            ARTICLE VIII                           
 2876  
 2877         EFFECT AND WITHDRAWAL.—
 2878         (1) This agreement becomes shall become effective when
 2879  properly executed by a legal representative of the participating
 2880  organization, when enacted into the law of the state and after
 2881  an ordinance or other legislation is enacted into law by the
 2882  governing body of each participating organization. Thereafter it
 2883  becomes shall become effective as to any participating
 2884  organization upon the enactment of this agreement by the
 2885  governing body of that organization.
 2886         (2) Any party may withdraw from this agreement by enacting
 2887  legislation repealing the same, but no such withdrawal may not
 2888  shall take effect until one year after the governing body of the
 2889  withdrawing party has given notice in writing of the withdrawal
 2890  to the other parties.
 2891         (3) A No withdrawal may not shall relieve the withdrawing
 2892  party of any obligations imposed upon it by law.
 2893  
 2894                             ARTICLE IX                            
 2895  
 2896         FINANCIAL RESPONSIBILITY.—
 2897         (1) A participating organization is shall not be
 2898  financially responsible or liable for the obligations of any
 2899  other participating organization related to this agreement.
 2900         (2) The provisions of This agreement does not shall
 2901  constitute neither a waiver of any governmental immunity under
 2902  Florida law or nor a waiver of any defenses of the parties under
 2903  Florida law. The provisions of This agreement is are solely for
 2904  the benefit of its executors and is not intended to create or
 2905  grant any rights, contractual or otherwise, to any person or
 2906  entity.
 2907  
 2908                              ARTICLE X                            
 2909  
 2910         VENUE AND GOVERNING LAW.—The obligations of the parties to
 2911  this agreement are performable only within the county where the
 2912  participating organization is located, and statewide for the
 2913  Office of Supplier Development Diversity, and venue for any
 2914  legal action in connection with this agreement is shall lie, for
 2915  any participating organization except the Office of Supplier
 2916  Development, Diversity, exclusively in the county where the
 2917  participating organization is located. This agreement is shall
 2918  be governed by and construed in accordance with the laws and
 2919  court decisions of this the state.
 2920  
 2921                             ARTICLE XI                            
 2922  
 2923         CONSTRUCTION AND SEVERABILITY.—This agreement must shall be
 2924  liberally construed so as to effectuate the purposes thereof.
 2925  The provisions of This agreement is shall be severable and if
 2926  any phrase, clause, sentence, or provision of this agreement is
 2927  declared to be contrary to the State Constitution or the United
 2928  States Constitution, or the application thereof to any
 2929  government, agency, person, or circumstance is held invalid, the
 2930  validity of the remainder of this agreement and the
 2931  applicability thereof to any government, agency, person, or
 2932  circumstance is shall not be affected thereby. If this agreement
 2933  is shall be held contrary to the State Constitution, the
 2934  agreement remains shall remain in full force and effect as to
 2935  all severable matters.
 2936         Section 79. Paragraph (b) of subsection (2) of section
 2937  288.0001, Florida Statutes, is amended to read:
 2938         288.0001 Economic Development Programs Evaluation.—The
 2939  Office of Economic and Demographic Research and the Office of
 2940  Program Policy Analysis and Government Accountability (OPPAGA)
 2941  shall develop and present to the Governor, the President of the
 2942  Senate, the Speaker of the House of Representatives, and the
 2943  chairs of the legislative appropriations committees the Economic
 2944  Development Programs Evaluation.
 2945         (2) The Office of Economic and Demographic Research and
 2946  OPPAGA shall provide a detailed analysis of economic development
 2947  programs as provided in the following schedule:
 2948         (b) By January 1, 2015, and every 3 years thereafter, an
 2949  analysis of:
 2950         1. The entertainment industry sales tax exemption program
 2951  established under s. 288.1258.
 2952         2. VISIT Florida and its programs established or funded
 2953  under ss. 288.122-288.12265 and 288.124.
 2954         3. The Florida Sports Foundation and related programs,
 2955  including those established under ss. 288.1162, 288.11621,
 2956  288.1166, and 288.1167.
 2957         Section 80. Section 288.7031, Florida Statutes, is amended
 2958  to read:
 2959         288.7031 Application of certain definitions.—The
 2960  definitions of “small business,andcertified rural or urban
 2961  minority business enterprise,and “certified minority business
 2962  enterprise” provided in s. 288.703 apply to the state and all
 2963  political subdivisions of the state.
 2964         Section 81. Paragraph (f) of subsection (2), paragraph (c)
 2965  of subsection (4), and subsections (7) and (8), and (9) of
 2966  section 288.975, Florida Statutes, are amended to read:
 2967         288.975 Military base reuse plans.—
 2968         (2) As used in this section, the term:
 2969         (f) “Regional policy plan” means a strategic regional
 2970  policy plan that has been adopted by rule by a regional planning
 2971  council pursuant to s. 186.508.
 2972         (4)
 2973         (c) Military base reuse plans shall identify projected
 2974  impacts to significant regional resources and natural resources
 2975  of regional significance as identified by applicable regional
 2976  planning councils in their regional policy plans and the actions
 2977  that shall be taken to mitigate such impacts.
 2978         (7) A military base reuse plan must shall be consistent
 2979  with the comprehensive plan of the host local government and may
 2980  shall not conflict with the comprehensive plan of any affected
 2981  local governments. A military base reuse plan must shall be
 2982  consistent with the nonprocedural requirements of part II of
 2983  chapter 163 and rules adopted thereunder, applicable regional
 2984  policy plans, and the state comprehensive plan.
 2985         (8) At the request of a host local government, the
 2986  department shall coordinate a presubmission workshop concerning
 2987  a military base reuse plan within the boundaries of the host
 2988  jurisdiction. Agencies that must shall participate in the
 2989  workshop shall include any affected local governments; the
 2990  Department of Environmental Protection; the department; the
 2991  Department of Transportation; the Department of Health; the
 2992  Department of Children and Families; the Department of Juvenile
 2993  Justice; the Department of Agriculture and Consumer Services;
 2994  the Department of State; the Fish and Wildlife Conservation
 2995  Commission; and any applicable water management districts and
 2996  regional planning councils. The purposes of the workshop are
 2997  shall be to assist the host local government to understand
 2998  issues of concern to the above listed entities pertaining to the
 2999  military base site and to identify opportunities for better
 3000  coordination of planning and review efforts with the information
 3001  and analyses generated by the federal environmental impact
 3002  statement process and the federal community base reuse planning
 3003  process.
 3004         (9) If a host local government elects to use the optional
 3005  provisions of this act, it must shall, no later than 12 months
 3006  after notifying the agencies of its intent pursuant to
 3007  subsection (3) either:
 3008         (a) Send a copy of the proposed military base reuse plan
 3009  for review to any affected local governments; the Department of
 3010  Environmental Protection; the department; the Department of
 3011  Transportation; the Department of Health; the Department of
 3012  Children and Families; the Department of Juvenile Justice; the
 3013  Department of Agriculture and Consumer Services; the Department
 3014  of State; the Fish and Wildlife Conservation Commission; and any
 3015  applicable water management districts and regional planning
 3016  councils, or
 3017         (b) Petition the department for an extension of the
 3018  deadline for submitting a proposed reuse plan. Such an extension
 3019  request must be justified by changes or delays in the closure
 3020  process by the federal Department of Defense or for reasons
 3021  otherwise deemed to promote the orderly and beneficial planning
 3022  of the subject military base reuse. The department may grant
 3023  extensions to the required submission date of the reuse plan.
 3024         Section 82. Subsection (4) of section 290.004, Florida
 3025  Statutes, is amended to read:
 3026         290.004 Definitions relating to Florida Enterprise Zone
 3027  Act.—As used in ss. 290.001-290.016:
 3028         (4) “Certified rural or urban Minority business enterprise”
 3029  has the same meaning as provided in s. 288.703.
 3030         Section 83. Paragraph (b) of subsection (26) of section
 3031  320.08058, Florida Statutes, is amended to read:
 3032         320.08058 Specialty license plates.—
 3033         (26) TAMPA BAY ESTUARY LICENSE PLATES.—
 3034         (b) The annual use fees shall be distributed to the Tampa
 3035  Bay Estuary Program created by s. 163.01.
 3036         1. A maximum of 5 percent of such fees may be used for
 3037  marketing the plate.
 3038         2. Twenty percent of the proceeds from the annual use fee,
 3039  not to exceed $50,000, shall be provided to the Tampa Bay
 3040  Regional Planning Council for activities of the Agency on Bay
 3041  Management implementing the Council/Agency Action Plan for the
 3042  restoration of the Tampa Bay estuary, as approved by the Tampa
 3043  Bay Estuary Program Policy Board.
 3044         2.3. The remaining proceeds must be used to implement the
 3045  Comprehensive Conservation and Management Plan for Tampa Bay,
 3046  pursuant to priorities approved by the Tampa Bay Estuary Program
 3047  Policy Board.
 3048         Section 84. Paragraph (b) of subsection (3) of section
 3049  335.188, Florida Statutes, is amended to read:
 3050         335.188 Access management standards; access control
 3051  classification system; criteria.—
 3052         (3) The control classification system shall be developed
 3053  consistent with the following:
 3054         (b) The access control classification system shall be
 3055  developed in cooperation with counties, municipalities, the
 3056  state land planning agency, regional planning councils,
 3057  metropolitan planning organizations, and other local
 3058  governmental entities.
 3059         Section 85. Paragraph (b) of subsection (4) of section
 3060  339.155, Florida Statutes, is amended to read:
 3061         339.155 Transportation planning.—
 3062         (4) ADDITIONAL TRANSPORTATION PLANS.—
 3063         (b) Each regional planning council, as provided for in s.
 3064  186.504, or any successor agency thereto, shall develop, as an
 3065  element of its strategic regional policy plan, transportation
 3066  goals and policies. The transportation goals and policies must
 3067  be prioritized to comply with the prevailing principles provided
 3068  in subsection (1) and s. 334.046(1). The transportation goals
 3069  and policies shall be consistent, to the maximum extent
 3070  feasible, with the goals and policies of the metropolitan
 3071  planning organization and the Florida Transportation Plan. The
 3072  transportation goals and policies of the regional planning
 3073  council will be advisory only and shall be submitted to the
 3074  department and any affected metropolitan planning organization
 3075  for their consideration and comments. Metropolitan planning
 3076  organization plans and other local transportation plans shall be
 3077  developed consistent, to the maximum extent feasible, with the
 3078  regional transportation goals and policies.
 3079         Section 86. Paragraph (g) of subsection (6) of section
 3080  339.175, Florida Statutes, is amended to read:
 3081         339.175 Metropolitan planning organization.—
 3082         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
 3083  privileges, and authority of an M.P.O. are those specified in
 3084  this section or incorporated in an interlocal agreement
 3085  authorized under s. 163.01. Each M.P.O. shall perform all acts
 3086  required by federal or state laws or rules, now and subsequently
 3087  applicable, which are necessary to qualify for federal aid. It
 3088  is the intent of this section that each M.P.O. be involved in
 3089  the planning and programming of transportation facilities,
 3090  including, but not limited to, airports, intercity and high
 3091  speed rail lines, seaports, and intermodal facilities, to the
 3092  extent permitted by state or federal law. An M.P.O. may not
 3093  perform project production or delivery for capital improvement
 3094  projects on the State Highway System.
 3095         (g) Each M.P.O. shall have an executive or staff director
 3096  who reports directly to the M.P.O. governing board for all
 3097  matters regarding the administration and operation of the M.P.O.
 3098  and any additional personnel as deemed necessary. The executive
 3099  director and any additional personnel may be employed either by
 3100  an M.P.O. or by another governmental entity, such as a county,
 3101  or city, or regional planning council, that has a staff services
 3102  agreement signed and in effect with the M.P.O. Each M.P.O. may
 3103  enter into contracts with local or state agencies, private
 3104  planning firms, private engineering firms, or other public or
 3105  private entities to accomplish its transportation planning and
 3106  programming duties and administrative functions.
 3107         Section 87. Subsection (6) of section 339.285, Florida
 3108  Statutes, is amended to read:
 3109         339.285 Enhanced Bridge Program for Sustainable
 3110  Transportation.—
 3111         (6) Preference shall be given to bridge projects located on
 3112  corridors that connect to the Strategic Intermodal System,
 3113  created under s. 339.64, and that have been identified as
 3114  regionally significant in accordance with s. 339.155(4)(b), (c),
 3115  and (d) s. 339.155(4)(c), (d), and (e).
 3116         Section 88. Subsections (3) and (4) of section 339.63,
 3117  Florida Statutes, are amended to read:
 3118         339.63 System facilities designated; additions and
 3119  deletions.—
 3120         (3) After the initial designation of the Strategic
 3121  Intermodal System under subsection (1), the department shall, in
 3122  coordination with the metropolitan planning organizations, local
 3123  governments, regional planning councils, transportation
 3124  providers, and affected public agencies, add facilities to or
 3125  delete facilities from the Strategic Intermodal System described
 3126  in paragraphs (2)(b) and (c) based upon criteria adopted by the
 3127  department.
 3128         (4) After the initial designation of the Strategic
 3129  Intermodal System under subsection (1), the department shall, in
 3130  coordination with the metropolitan planning organizations, local
 3131  governments, regional planning councils, transportation
 3132  providers, and affected public agencies, add facilities to or
 3133  delete facilities from the Strategic Intermodal System described
 3134  in paragraph (2)(a) based upon criteria adopted by the
 3135  department. However, an airport that is designated as a reliever
 3136  airport to a Strategic Intermodal System airport which has at
 3137  least 75,000 itinerant operations per year, has a runway length
 3138  of at least 5,500 linear feet, is capable of handling aircraft
 3139  weighing at least 60,000 pounds with a dual wheel configuration
 3140  which is served by at least one precision instrument approach,
 3141  and serves a cluster of aviation-dependent industries, shall be
 3142  designated as part of the Strategic Intermodal System by the
 3143  Secretary of Transportation upon the request of a reliever
 3144  airport meeting this criteria.
 3145         Section 89. Subsection (1) and paragraph (a) of subsection
 3146  (3) of section 339.64, Florida Statutes, are amended to read:
 3147         339.64 Strategic Intermodal System Plan.—
 3148         (1) The department shall develop, in cooperation with
 3149  metropolitan planning organizations, regional planning councils,
 3150  local governments, and other transportation providers, a
 3151  Strategic Intermodal System Plan. The plan shall be consistent
 3152  with the Florida Transportation Plan developed pursuant to s.
 3153  339.155 and shall be updated at least once every 5 years,
 3154  subsequent to updates of the Florida Transportation Plan.
 3155         (3)(a) During the development of updates to the Strategic
 3156  Intermodal System Plan, the department shall provide
 3157  metropolitan planning organizations, regional planning councils,
 3158  local governments, transportation providers, affected public
 3159  agencies, and citizens with an opportunity to participate in and
 3160  comment on the development of the update.
 3161         Section 90. Subsection (1) of section 341.041, Florida
 3162  Statutes, is amended to read:
 3163         341.041 Transit responsibilities of the department.—The
 3164  department shall, within the resources provided pursuant to
 3165  chapter 216:
 3166         (1) Develop a statewide plan that provides for public
 3167  transit and intercity bus service needs at least 5 years in
 3168  advance. The plan shall be developed in a manner that will
 3169  assure maximum use of existing facilities, and optimum
 3170  integration and coordination of the various modes of
 3171  transportation, including both governmentally owned and
 3172  privately owned resources, in the most cost-effective manner
 3173  possible. The plan shall also incorporate plans adopted by local
 3174  and regional planning agencies which are consistent, to the
 3175  maximum extent feasible, with adopted strategic policy plans and
 3176  approved local government comprehensive plans for the region and
 3177  units of local government covered by the plan and shall, insofar
 3178  as practical, conform to federal planning requirements. The plan
 3179  shall be consistent with the goals of the Florida Transportation
 3180  Plan developed pursuant to s. 339.155.
 3181         Section 91. Paragraph (m) of subsection (3) of section
 3182  343.54, Florida Statutes, is amended to read:
 3183         343.54 Powers and duties.—
 3184         (3) The authority may exercise all powers necessary,
 3185  appurtenant, convenient, or incidental to the carrying out of
 3186  the aforesaid purposes, including, but not limited to, the
 3187  following rights and powers:
 3188         (m) To cooperate with other governmental entities and to
 3189  contract with other governmental agencies, including the
 3190  Department of Transportation, the Federal Government, regional
 3191  planning councils, counties, and municipalities.
 3192         Section 92. Paragraphs (c) and (d) of subsection (1) of
 3193  section 366.93, Florida Statutes, are amended to read:
 3194         366.93 Cost recovery for the siting, design, licensing, and
 3195  construction of nuclear and integrated gasification combined
 3196  cycle power plants.—
 3197         (1) As used in this section, the term:
 3198         (c) “Integrated gasification combined cycle power plant” or
 3199  “plant” means an electrical power plant as defined in s. 403.503
 3200  s. 403.503(14) which uses synthesis gas produced by integrated
 3201  gasification technology.
 3202         (d) “Nuclear power plant” or “plant” means an electrical
 3203  power plant as defined in s. 403.503 s. 403.503(14) which uses
 3204  nuclear materials for fuel.
 3205         Section 93. Subsection (1) of section 369.303, Florida
 3206  Statutes, is amended to read:
 3207         369.303 Definitions.—As used in this part:
 3208         (1) “Council” means the East Central Florida Regional
 3209  Planning Council.
 3210         Section 94. Subsection (3) of section 369.307, Florida
 3211  Statutes, is amended to read:
 3212         369.307 Developments of regional impact in the Wekiva River
 3213  Protection Area; land acquisition.—
 3214         (3) The Wekiva River Protection Area is hereby declared to
 3215  be a natural resource of state and regional importance. The St.
 3216  Johns River Water Management District East Central Florida
 3217  Regional Planning Council shall adopt policies that as part of
 3218  its strategic regional policy plan and regional issues list
 3219  which will protect the water quantity, water quality, hydrology,
 3220  wetlands, aquatic and wetland-dependent wildlife species,
 3221  habitat of all species designated pursuant to rules 39-27.003,
 3222  39-27.004, and 39-27.005, Florida Administrative Code, and
 3223  native vegetation in the Wekiva River Protection Area. The water
 3224  management district council shall also cooperate with the
 3225  department in the department’s implementation of the provisions
 3226  of s. 369.305.
 3227         Section 95. Paragraph (e) of subsection (1) of section
 3228  373.309, Florida Statutes, is amended to read:
 3229         373.309 Authority to adopt rules and procedures.—
 3230         (1) The department shall adopt, and may from time to time
 3231  amend, rules governing the location, construction, repair, and
 3232  abandonment of water wells and shall be responsible for the
 3233  administration of this part. With respect thereto, the
 3234  department shall:
 3235         (e) Encourage prevention of potable water well
 3236  contamination and promote cost-effective remediation of
 3237  contaminated potable water supplies by use of the Water Quality
 3238  Assurance Trust Fund as provided in s. 376.307(1)(e) and
 3239  establish by rule:
 3240         1. Delineation of areas of groundwater contamination for
 3241  implementation of well location and construction, testing,
 3242  permitting, and clearance requirements as set forth in
 3243  subparagraphs 2.-6. , 3., 4., 5., and 6. The department shall
 3244  make available to water management districts, regional planning
 3245  councils, the Department of Health, and county building and
 3246  zoning departments, maps or other information on areas of
 3247  contamination, including areas of ethylene dibromide
 3248  contamination. Such maps or other information shall be made
 3249  available to property owners, realtors, real estate
 3250  associations, property appraisers, and other interested persons
 3251  upon request and upon payment of appropriate costs.
 3252         2. Requirements for testing for suspected contamination in
 3253  areas of known contamination, as a prerequisite for clearance of
 3254  a water well for drinking purposes. The department is authorized
 3255  to establish criteria for acceptance of water quality testing
 3256  results from the Department of Health and laboratories certified
 3257  by the Department of Health, and is authorized to establish
 3258  requirements for sample collection quality assurance.
 3259         3. Requirements for mandatory connection to available
 3260  potable water systems in areas of known contamination, wherein
 3261  the department may prohibit the permitting and construction of
 3262  new potable water wells.
 3263         4. Location and construction standards for public and all
 3264  other potable water wells permitted in areas of contamination.
 3265  Such standards shall be designed to minimize the effects of such
 3266  contamination.
 3267         5. A procedure for permitting all potable water wells in
 3268  areas of known contamination. Any new water well that is to be
 3269  used for drinking water purposes and that does not meet
 3270  construction standards pursuant to subparagraph 4. must be
 3271  abandoned and plugged by the owner. Water management districts
 3272  shall implement, through delegation from the department, the
 3273  permitting and enforcement responsibilities of this
 3274  subparagraph.
 3275         6. A procedure for clearing for use all potable water
 3276  wells, except wells that serve a public water supply system, in
 3277  areas of known contamination. If contaminants are found upon
 3278  testing pursuant to subparagraph 2., a well may not be cleared
 3279  for use without a filter or other means of preventing the users
 3280  of the well from being exposed to deleterious amounts of
 3281  contaminants. The Department of Health shall implement the
 3282  responsibilities of this subparagraph.
 3283         7. Fees to be paid for well construction permits and
 3284  clearance for use. The fees shall be based on the actual costs
 3285  incurred by the water management districts, the Department of
 3286  Health, or other political subdivisions in carrying out the
 3287  responsibilities related to potable water well permitting and
 3288  clearance for use. The fees shall provide revenue to cover all
 3289  such costs and shall be set according to the following schedule:
 3290         a. The well construction permit fee may not exceed $500.
 3291         b. The clearance fee may not exceed $50.
 3292         8. Procedures for implementing well-location, construction,
 3293  testing, permitting, and clearance requirements as set forth in
 3294  subparagraphs 2.-6. within areas that research or monitoring
 3295  data indicate are vulnerable to contamination with nitrate, or
 3296  areas in which the department provides a subsidy for restoration
 3297  or replacement of contaminated drinking water supplies through
 3298  extending existing water lines or developing new water supply
 3299  systems pursuant to s. 376.307(1)(e). The department shall
 3300  consult with the Florida Ground Water Association in the process
 3301  of developing rules pursuant to this subparagraph.
 3302  
 3303  All fees and funds collected by each delegated entity pursuant
 3304  to this part shall be deposited in the appropriate operating
 3305  account of that entity.
 3306         Section 96. Subsections (1) and (2) of section 373.415,
 3307  Florida Statutes, are amended to read:
 3308         373.415 Protection zones; duties of the St. Johns River
 3309  Water Management District.—
 3310         (1) Not later than November 1, 1988, the St. Johns River
 3311  Water Management District shall adopt rules establishing
 3312  protection zones adjacent to the watercourses in the Wekiva
 3313  River System, as designated in s. 369.303 s. 369.303(10). Such
 3314  protection zones shall be sufficiently wide to prevent harm to
 3315  the Wekiva River System, including water quality, water
 3316  quantity, hydrology, wetlands, and aquatic and wetland-dependent
 3317  wildlife species, caused by any of the activities regulated
 3318  under this part. Factors on which the widths of the protection
 3319  zones shall be based shall include, but not be limited to:
 3320         (a) The biological significance of the wetlands and uplands
 3321  adjacent to the designated watercourses in the Wekiva River
 3322  System, including the nesting, feeding, breeding, and resting
 3323  needs of aquatic species and wetland-dependent wildlife species.
 3324         (b) The sensitivity of these species to disturbance,
 3325  including the short-term and long-term adaptability to
 3326  disturbance of the more sensitive species, both migratory and
 3327  resident.
 3328         (c) The susceptibility of these lands to erosion, including
 3329  the slope, soils, runoff characteristics, and vegetative cover.
 3330  
 3331  In addition, the rules may establish permitting thresholds,
 3332  permitting exemptions, or general permits, if such thresholds,
 3333  exemptions, or general permits do not allow significant adverse
 3334  impacts to the Wekiva River System to occur individually or
 3335  cumulatively.
 3336         (2) Notwithstanding the provisions of s. 120.60, the St.
 3337  Johns River Water Management District may shall not issue any
 3338  permit under this part within the Wekiva River Protection Area,
 3339  as defined in s. 369.303 s. 369.303(9), until the appropriate
 3340  local government has provided written notification to the
 3341  district that the proposed activity is consistent with the local
 3342  comprehensive plan and is in compliance with any land
 3343  development regulation in effect in the area where the
 3344  development will take place. The district may, however, inform
 3345  any property owner who makes a request for such information as
 3346  to the location of the protection zone or zones on his or her
 3347  property. However, if a development proposal is amended as the
 3348  result of the review by the district, a permit may be issued
 3349  before prior to the development proposal being returned, if
 3350  necessary, to the local government for additional review.
 3351         Section 97. Paragraph (a) of subsection (2) of section
 3352  376.3072, Florida Statutes, is amended to read:
 3353         376.3072 Florida Petroleum Liability and Restoration
 3354  Insurance Program.—
 3355         (2)(a) An owner or operator of a petroleum storage system
 3356  may become an insured in the restoration insurance program at a
 3357  facility if:
 3358         1. A site at which an incident has occurred is eligible for
 3359  restoration if the insured is a participant in the third-party
 3360  liability insurance program or otherwise meets applicable
 3361  financial responsibility requirements. After July 1, 1993, the
 3362  insured must also provide the required excess insurance coverage
 3363  or self-insurance for restoration to achieve the financial
 3364  responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
 3365  not covered by paragraph (d).
 3366         2. A site which had a discharge reported before January 1,
 3367  1989, for which notice was given pursuant to s. 376.3071(10) and
 3368  which is ineligible for the third-party liability insurance
 3369  program solely due to that discharge is eligible for
 3370  participation in the restoration program for an incident
 3371  occurring on or after January 1, 1989, pursuant to subsection
 3372  (3). Restoration funding for an eligible contaminated site will
 3373  be provided without participation in the third-party liability
 3374  insurance program until the site is restored as required by the
 3375  department or until the department determines that the site does
 3376  not require restoration.
 3377         3. Notwithstanding paragraph (b), a site where an
 3378  application is filed with the department before January 1, 1995,
 3379  where the owner is a small business under s. 288.703 s.
 3380  288.703(6), a Florida College System institution with less than
 3381  2,500 FTE, a religious institution as defined by s.
 3382  212.08(7)(m), a charitable institution as defined by s.
 3383  212.08(7)(p), or a county or municipality with a population of
 3384  less than 50,000, is eligible for up to $400,000 of eligible
 3385  restoration costs, less a deductible of $10,000 for small
 3386  businesses, eligible Florida College System institutions, and
 3387  religious or charitable institutions, and $30,000 for eligible
 3388  counties and municipalities, if:
 3389         a. Except as provided in sub-subparagraph e., the facility
 3390  was in compliance with department rules at the time of the
 3391  discharge.
 3392         b. The owner or operator has, upon discovery of a
 3393  discharge, promptly reported the discharge to the department,
 3394  and drained and removed the system from service, if necessary.
 3395         c. The owner or operator has not intentionally caused or
 3396  concealed a discharge or disabled leak detection equipment.
 3397         d. The owner or operator proceeds to complete initial
 3398  remedial action as specified in department rules.
 3399         e. The owner or operator, if required and if it has not
 3400  already done so, applies for third-party liability coverage for
 3401  the facility within 30 days after receipt of an eligibility
 3402  order issued by the department pursuant to this subparagraph.
 3403  
 3404  However, the department may consider in-kind services from
 3405  eligible counties and municipalities in lieu of the $30,000
 3406  deductible. The cost of conducting initial remedial action as
 3407  defined by department rules is an eligible restoration cost
 3408  pursuant to this subparagraph.
 3409         4.a. By January 1, 1997, facilities at sites with existing
 3410  contamination must have methods of release detection to be
 3411  eligible for restoration insurance coverage for new discharges
 3412  subject to department rules for secondary containment. Annual
 3413  storage system testing, in conjunction with inventory control,
 3414  shall be considered to be a method of release detection until
 3415  the later of December 22, 1998, or 10 years after the date of
 3416  installation or the last upgrade. Other methods of release
 3417  detection for storage tanks which meet such requirement are:
 3418         (I) Interstitial monitoring of tank and integral piping
 3419  secondary containment systems;
 3420         (II) Automatic tank gauging systems; or
 3421         (III) A statistical inventory reconciliation system with a
 3422  tank test every 3 years.
 3423         b. For pressurized integral piping systems, the owner or
 3424  operator must use:
 3425         (I) An automatic in-line leak detector with flow
 3426  restriction meeting the requirements of department rules used in
 3427  conjunction with an annual tightness or pressure test; or
 3428         (II) An automatic in-line leak detector with electronic
 3429  flow shut-off meeting the requirements of department rules.
 3430         c. For suction integral piping systems, the owner or
 3431  operator must use:
 3432         (I) A single check valve installed directly below the
 3433  suction pump if there are no other valves between the dispenser
 3434  and the tank; or
 3435         (II) An annual tightness test or other approved test.
 3436         d. Owners of facilities with existing contamination that
 3437  install internal release detection systems pursuant to sub
 3438  subparagraph a. shall permanently close their external
 3439  groundwater and vapor monitoring wells pursuant to department
 3440  rules by December 31, 1998. Upon installation of the internal
 3441  release detection system, such wells must be secured and taken
 3442  out of service until permanent closure.
 3443         e. Facilities with vapor levels of contamination meeting
 3444  the requirements of or below the concentrations specified in the
 3445  performance standards for release detection methods specified in
 3446  department rules may continue to use vapor monitoring wells for
 3447  release detection.
 3448         f. The department may approve other methods of release
 3449  detection for storage tanks and integral piping which have at
 3450  least the same capability to detect a new release as the methods
 3451  specified in this subparagraph.
 3452  
 3453  Sites meeting the criteria of this subsection for which a site
 3454  rehabilitation completion order was issued before June 1, 2008,
 3455  do not qualify for the 2008 increase in site rehabilitation
 3456  funding assistance and are bound by the pre-June 1, 2008,
 3457  limits. Sites meeting the criteria of this subsection for which
 3458  a site rehabilitation completion order was not issued before
 3459  June 1, 2008, regardless of whether they have previously
 3460  transitioned to nonstate-funded cleanup status, may continue
 3461  state-funded cleanup pursuant to s. 376.3071(6) until a site
 3462  rehabilitation completion order is issued or the increased site
 3463  rehabilitation funding assistance limit is reached, whichever
 3464  occurs first.
 3465         Section 98. Paragraph (k) of subsection (2) of section
 3466  377.703, Florida Statutes, is amended to read:
 3467         377.703 Additional functions of the Department of
 3468  Agriculture and Consumer Services.—
 3469         (2) DUTIES.—The department shall perform the following
 3470  functions, unless as otherwise provided, consistent with the
 3471  development of a state energy policy:
 3472         (k) The department shall coordinate energy-related programs
 3473  of state government, including, but not limited to, the programs
 3474  provided in this section. To this end, the department shall:
 3475         1. Provide assistance to other state agencies, counties,
 3476  and municipalities, and regional planning agencies to further
 3477  and promote their energy planning activities.
 3478         2. Require, in cooperation with the Department of
 3479  Management Services, all state agencies to operate state-owned
 3480  and state-leased buildings in accordance with energy
 3481  conservation standards as adopted by the Department of
 3482  Management Services. Every 3 months, the Department of
 3483  Management Services shall furnish the department data on
 3484  agencies’ energy consumption and emissions of greenhouse gases
 3485  in a format prescribed by the department.
 3486         3. Promote the development and use of renewable energy
 3487  resources, energy efficiency technologies, and conservation
 3488  measures.
 3489         4. Promote the recovery of energy from wastes, including,
 3490  but not limited to, the use of waste heat, the use of
 3491  agricultural products as a source of energy, and recycling of
 3492  manufactured products. Such promotion shall be conducted in
 3493  conjunction with, and after consultation with, the Department of
 3494  Environmental Protection and the Florida Public Service
 3495  Commission where electrical generation or natural gas is
 3496  involved, and any other relevant federal, state, or local
 3497  governmental agency having responsibility for resource recovery
 3498  programs.
 3499         Section 99. Subsection (3) of section 378.411, Florida
 3500  Statutes, is amended to read:
 3501         378.411 Certification to receive notices of intent to mine,
 3502  to review, and to inspect for compliance.—
 3503         (3) In making his or her determination, the secretary shall
 3504  consult with the Department of Commerce, the appropriate
 3505  regional planning council, and the appropriate water management
 3506  district.
 3507         Section 100. Subsection (15) of section 380.031, Florida
 3508  Statutes, is amended to read:
 3509         380.031 Definitions.—As used in this chapter:
 3510         (15) “Regional planning agency” means the agency designated
 3511  by the state land planning agency to exercise responsibilities
 3512  under this chapter in a particular region of the state.
 3513         Section 101. Subsection (2) of section 380.045, Florida
 3514  Statutes, is amended to read:
 3515         380.045 Resource planning and management committees;
 3516  objectives; procedures.—
 3517         (2) The committee must include, but is not limited to,
 3518  representation from each of the following: elected officials
 3519  from the local governments within the area under study; the
 3520  planning office of each of the local governments within the area
 3521  under study; the state land planning agency; any other state
 3522  agency under chapter 20 a representative of which the Governor
 3523  feels is relevant to the compilation of the committee; and a
 3524  water management district, if appropriate, and regional planning
 3525  council all or part of whose jurisdiction lies within the area
 3526  under study. After the appointment of the members, the Governor
 3527  shall select a chair and vice chair. A staff member of the state
 3528  land planning agency shall be appointed by the secretary of such
 3529  agency to serve as the secretary of the committee. The state
 3530  land planning agency shall, to the greatest extent possible,
 3531  provide technical assistance and administrative support to the
 3532  committee. Meetings will be called as needed by the chair or on
 3533  the demand of three or more members of the committee. The
 3534  committee will act on a simple majority of a quorum present and
 3535  shall make a report within 6 months to the head of the state
 3536  land planning agency. The committee must, from the time of
 3537  appointment, remain in existence for no less than 6 months.
 3538         Section 102. Subsections (3), (4), (7), (8), and (12) of
 3539  section 380.05, Florida Statutes, are amended to read:
 3540         380.05 Areas of critical state concern.—
 3541         (3) Each local government regional planning agency may
 3542  recommend to the state land planning agency from time to time
 3543  areas wholly or partially within its jurisdiction that meet the
 3544  criteria for areas of critical state concern as defined in this
 3545  section. Each regional planning agency shall solicit from the
 3546  local governments within its jurisdiction suggestions as to
 3547  areas to be recommended. A local government in an area where
 3548  there is no regional planning agency may recommend to the state
 3549  land planning agency from time to time areas wholly or partially
 3550  within its jurisdiction that meet the criteria for areas of
 3551  critical state concern as defined in this section. If the state
 3552  land planning agency does not recommend to the commission as an
 3553  area of critical state concern an area substantially similar to
 3554  one that has been recommended, it must shall respond in writing
 3555  as to its reasons therefor.
 3556         (4) Before Prior to submitting any recommendation to the
 3557  commission under subsection (1), the state land planning agency
 3558  shall give notice to any committee appointed pursuant to s.
 3559  380.045 and to all local governments and regional planning
 3560  agencies that include within their boundaries any part of any
 3561  area of critical state concern proposed to be designated by the
 3562  rule, in addition to any notice otherwise required under chapter
 3563  120.
 3564         (7) The state land planning agency and any applicable
 3565  regional planning agency shall, to the greatest extent possible,
 3566  provide technical assistance to local governments in the
 3567  preparation of the land development regulations and local
 3568  comprehensive plan for areas of critical state concern.
 3569         (8) If any local government fails to submit land
 3570  development regulations or a local comprehensive plan, or if the
 3571  regulations or plan or plan amendment submitted do not comply
 3572  with the principles for guiding development set out in the rule
 3573  designating the area of critical state concern, within 120 days
 3574  after the adoption of the rule designating an area of critical
 3575  state concern, or within 120 days after the issuance of a
 3576  recommended order on the compliance of the plan or plan
 3577  amendment pursuant to s. 163.3184, or within 120 days after the
 3578  effective date of an order rejecting a proposed land development
 3579  regulation, the state land planning agency must shall submit to
 3580  the commission recommended land development regulations and a
 3581  local comprehensive plan or portions thereof applicable to that
 3582  local government’s portion of the area of critical state
 3583  concern. Within 45 days following receipt of the recommendation
 3584  from the agency, the commission shall either reject the
 3585  recommendation as tendered or adopt the recommendation with or
 3586  without modification, and by rule establish land development
 3587  regulations and a local comprehensive plan applicable to that
 3588  local government’s portion of the area of critical state
 3589  concern. However, such rule may shall not become effective
 3590  before prior to legislative review of an area of critical state
 3591  concern pursuant to paragraph (1)(c). In the rule, the
 3592  commission shall specify the extent to which its land
 3593  development regulations, plans, or plan amendments will
 3594  supersede, or will be supplementary to, local land development
 3595  regulations and plans. Notice of any proposed rule issued under
 3596  this section shall be given to all local governments and
 3597  regional planning agencies in the area of critical state
 3598  concern, in addition to any other notice required under chapter
 3599  120. The land development regulations and local comprehensive
 3600  plan adopted by the commission under this section may include
 3601  any type of regulation and plan that could have been adopted by
 3602  the local government. Any land development regulations or local
 3603  comprehensive plan or plan amendments adopted by the commission
 3604  under this section shall be administered by the local government
 3605  as part of, or in the absence of, the local land development
 3606  regulations and local comprehensive plan.
 3607         (12) Upon the request of a substantially interested person
 3608  pursuant to s. 120.54(7), a local government or regional
 3609  planning agency within the designated area, or the state land
 3610  planning agency, the commission may by rule remove, contract, or
 3611  expand any designated boundary. Boundary expansions are subject
 3612  to legislative review pursuant to paragraph (1)(c). No boundary
 3613  may be modified without a specific finding by the commission
 3614  that such changes are consistent with necessary resource
 3615  protection. The total boundaries of an entire area of critical
 3616  state concern may shall not be removed by the commission unless
 3617  a minimum time of 1 year has elapsed from the adoption of
 3618  regulations and a local comprehensive plan pursuant to
 3619  subsection (1), subsection (6), subsection (8), or subsection
 3620  (10). Before totally removing such boundaries, the commission
 3621  shall make findings that the regulations and plans adopted
 3622  pursuant to subsection (1), subsection (6), subsection (8), or
 3623  subsection (10) are being effectively implemented by local
 3624  governments within the area of critical state concern to protect
 3625  the area and that adopted local government comprehensive plans
 3626  within the area have been conformed to principles for guiding
 3627  development for the area.
 3628         Section 103. Subsection (3) of section 380.055, Florida
 3629  Statutes, is amended to read:
 3630         380.055 Big Cypress Area.—
 3631         (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big
 3632  Cypress Area,” as defined in this subsection, is hereby
 3633  designated as an area of critical state concern. “Big Cypress
 3634  Area” means the area generally depicted on the map entitled
 3635  “Boundary Map, Big Cypress National Freshwater Reserve,
 3636  Florida,” numbered BC-91,001 and dated November 1971, which is
 3637  on file and available for public inspection in the office of the
 3638  National Park Service, Department of the Interior, Washington,
 3639  D.C., and in the office of the Board of Trustees of the Internal
 3640  Improvement Trust Fund, which is the area proposed as the
 3641  Federal Big Cypress National Freshwater Reserve, Florida, and
 3642  that area described as follows: Sections 1, 2, 11, 12 and 13 in
 3643  Township 49 South, Range 31 East; and Township 49 South, Range
 3644  32 East, less Sections 19, 30 and 31; and Township 49 South,
 3645  Range 33 East; and Township 49 South, Range 34 East; and
 3646  Sections 1 through 5 and 10 through 14 in Township 50 South,
 3647  Range 32 East; and Sections 1 through 18 and 20 through 25 in
 3648  Township 50 South, Range 33 East; and Township 50 South, Range
 3649  34 East, less Section 31; and Sections 1 and 2 in Township 51
 3650  South, Range 34 East; All in Collier County, Florida, which
 3651  described area shall be known as the “Big Cypress National
 3652  Preserve Addition, Florida,” together with such contiguous land
 3653  and water areas as are ecologically linked with the Everglades
 3654  National Park, certain of the estuarine fisheries of South
 3655  Florida, or the freshwater aquifer of South Florida, the
 3656  definitive boundaries of which shall be set in the following
 3657  manner: Within 120 days following the effective date of this
 3658  act, the state land planning agency shall recommend definitive
 3659  boundaries for the Big Cypress Area to the Administration
 3660  Commission, after giving notice to all local governments and
 3661  regional planning agencies which include within their boundaries
 3662  any part of the area proposed to be included in the Big Cypress
 3663  Area and holding such hearings as the state land planning agency
 3664  deems appropriate. Within 45 days following receipt of the
 3665  recommended boundaries, the Administration Commission shall
 3666  adopt, modify, or reject the recommendation and shall by rule
 3667  establish the boundaries of the area defined as the Big Cypress
 3668  Area.
 3669         Section 104. Subsection (6) and paragraph (b) of subsection
 3670  (12) of section 380.06, Florida Statutes, are amended to read:
 3671         380.06 Developments of regional impact.—
 3672         (6) REPORTS.—Notwithstanding any condition in a development
 3673  order for an approved development of regional impact, the
 3674  developer is not required to submit an annual or a biennial
 3675  report on the development of regional impact to the local
 3676  government, the regional planning agency, the state land
 3677  planning agency, and all affected permit agencies unless
 3678  required to do so by the local government that has jurisdiction
 3679  over the development. The penalty for failure to file such a
 3680  required report is as prescribed by the local government.
 3681         (12) PROPOSED DEVELOPMENTS.—
 3682         (b) This subsection does not apply to:
 3683         1. Amendments to a development order governing an existing
 3684  development of regional impact.
 3685         2. An application for development approval filed with a
 3686  concurrent plan amendment application pending as of May 14,
 3687  2015, if the applicant elects to have the application reviewed
 3688  pursuant to this section as it existed on that date. The
 3689  election shall be in writing and filed with the affected local
 3690  government, regional planning council, and the state land
 3691  planning agency before December 31, 2018.
 3692         Section 105. Subsection (2) of section 380.061, Florida
 3693  Statutes, is amended to read:
 3694         380.061 The Florida Quality Developments program.—
 3695         (2) Following written notification to the state land
 3696  planning agency and the appropriate regional planning agency, a
 3697  local government with an approved Florida Quality Development
 3698  within its jurisdiction must set a public hearing pursuant to
 3699  its local procedures and shall adopt a local development order
 3700  to replace and supersede the development order adopted by the
 3701  state land planning agency for the Florida Quality Development.
 3702  Thereafter, the Florida Quality Development shall follow the
 3703  procedures and requirements for developments of regional impact
 3704  as specified in this chapter.
 3705         Section 106. Subsection (2) of section 380.07, Florida
 3706  Statutes, is amended to read:
 3707         380.07 Florida Land and Water Adjudicatory Commission.—
 3708         (2) Whenever any local government issues any development
 3709  order in any area of critical state concern, or in regard to the
 3710  abandonment of any approved development of regional impact,
 3711  copies of such orders as prescribed by rule by the state land
 3712  planning agency shall be transmitted to the state land planning
 3713  agency, the regional planning agency, and the owner or developer
 3714  of the property affected by such order. The state land planning
 3715  agency shall adopt rules describing development order rendition
 3716  and effectiveness in designated areas of critical state concern.
 3717  Within 45 days after the order is rendered, the owner, the
 3718  developer, or the state land planning agency may appeal the
 3719  order to the Florida Land and Water Adjudicatory Commission by
 3720  filing a petition alleging that the development order is not
 3721  consistent with this part.
 3722         Section 107. Paragraph (c) of subsection (3) of section
 3723  380.23, Florida Statutes, is amended to read:
 3724         380.23 Federal consistency.—
 3725         (3) Consistency review shall be limited to review of the
 3726  following activities, uses, and projects to ensure that such
 3727  activities, uses, and projects are conducted in accordance with
 3728  the state’s coastal management program:
 3729         (c) Federally licensed or permitted activities affecting
 3730  land or water uses when such activities are in or seaward of the
 3731  jurisdiction of local governments required to develop a coastal
 3732  zone protection element as provided in s. 380.24 and when such
 3733  activities involve:
 3734         1. Permits and licenses required under the Rivers and
 3735  Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
 3736         2. Permits and licenses required under the Marine
 3737  Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
 3738  1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
 3739         3. Permits and licenses required under the Federal Water
 3740  Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
 3741  amended, unless such permitting activities have been delegated
 3742  to the state pursuant to said act.
 3743         4. Permits and licenses relating to the transportation of
 3744  hazardous substance materials or transportation and dumping
 3745  which are issued pursuant to the Hazardous Materials
 3746  Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
 3747  33 U.S.C. s. 1321, as amended.
 3748         5. Permits and licenses required under 15 U.S.C. ss. 717
 3749  717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
 3750  1331-1356 for construction and operation of interstate gas
 3751  pipelines and storage facilities.
 3752         6. Permits and licenses required for the siting and
 3753  construction of any new electrical power plants as defined in s.
 3754  403.503 s. 403.503(14), as amended, and the licensing and
 3755  relicensing of hydroelectric power plants under the Federal
 3756  Power Act, 16 U.S.C. ss. 791a et seq., as amended.
 3757         7. Permits and licenses required under the Mining Law of
 3758  1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
 3759  Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
 3760  Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
 3761  amended; the Federal Land Policy and Management Act, 43 U.S.C.
 3762  ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
 3763  U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
 3764  U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
 3765  pipelines, geological and geophysical activities, or rights-of
 3766  way on public lands and permits and licenses required under the
 3767  Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
 3768  amended.
 3769         8. Permits and licenses for areas leased under the OCS
 3770  Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
 3771  leases and approvals of exploration, development, and production
 3772  plans.
 3773         9. Permits and licenses required under the Deepwater Port
 3774  Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
 3775         10. Permits required for the taking of marine mammals under
 3776  the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
 3777  s. 1374.
 3778         Section 108. Subsection (3) of section 380.507, Florida
 3779  Statutes, is amended to read:
 3780         380.507 Powers of the trust.—The trust shall have all the
 3781  powers necessary or convenient to carry out the purposes and
 3782  provisions of this part, including:
 3783         (3) To provide technical and financial assistance to local
 3784  governments, state agencies, water management districts,
 3785  regional planning councils, and nonprofit agencies to carry out
 3786  projects and activities and develop programs to achieve the
 3787  purposes of this part.
 3788         Section 109. Paragraph (b) of subsection (8) of section
 3789  381.986, Florida Statutes, is amended to read:
 3790         381.986 Medical use of marijuana.—
 3791         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
 3792         (b) An applicant for licensure as a medical marijuana
 3793  treatment center shall apply to the department on a form
 3794  prescribed by the department and adopted in rule. The department
 3795  shall adopt rules pursuant to ss. 120.536(1) and 120.54
 3796  establishing a procedure for the issuance and biennial renewal
 3797  of licenses, including initial application and biennial renewal
 3798  fees sufficient to cover the costs of implementing and
 3799  administering this section, and establishing supplemental
 3800  licensure fees for payment beginning May 1, 2018, sufficient to
 3801  cover the costs of administering ss. 381.989 and 1004.4351. The
 3802  department shall identify applicants with strong diversity plans
 3803  reflecting this state’s commitment to diversity and implement
 3804  training programs and other educational programs to enable
 3805  minority persons and certified rural or urban business
 3806  enterprises minority business enterprises, as defined in s.
 3807  288.703, and veteran business enterprises, as defined in s.
 3808  295.187, to compete for medical marijuana treatment center
 3809  licensure and contracts. Subject to the requirements in
 3810  subparagraphs (a)2.-4., the department shall issue a license to
 3811  an applicant if the applicant meets the requirements of this
 3812  section and pays the initial application fee. The department
 3813  shall renew the licensure of a medical marijuana treatment
 3814  center biennially if the licensee meets the requirements of this
 3815  section and pays the biennial renewal fee. However, the
 3816  department may not renew the license of a medical marijuana
 3817  treatment center that has not begun to cultivate, process, and
 3818  dispense marijuana by the date that the medical marijuana
 3819  treatment center is required to renew its license. An individual
 3820  may not be an applicant, owner, officer, board member, or
 3821  manager on more than one application for licensure as a medical
 3822  marijuana treatment center. An individual or entity may not be
 3823  awarded more than one license as a medical marijuana treatment
 3824  center. An applicant for licensure as a medical marijuana
 3825  treatment center must demonstrate:
 3826         1. That, for the 5 consecutive years before submitting the
 3827  application, the applicant has been registered to do business in
 3828  the state.
 3829         2. Possession of a valid certificate of registration issued
 3830  by the Department of Agriculture and Consumer Services pursuant
 3831  to s. 581.131.
 3832         3. The technical and technological ability to cultivate and
 3833  produce marijuana, including, but not limited to, low-THC
 3834  cannabis.
 3835         4. The ability to secure the premises, resources, and
 3836  personnel necessary to operate as a medical marijuana treatment
 3837  center.
 3838         5. The ability to maintain accountability of all raw
 3839  materials, finished products, and any byproducts to prevent
 3840  diversion or unlawful access to or possession of these
 3841  substances.
 3842         6. An infrastructure reasonably located to dispense
 3843  marijuana to registered qualified patients statewide or
 3844  regionally as determined by the department.
 3845         7. The financial ability to maintain operations for the
 3846  duration of the 2-year approval cycle, including the provision
 3847  of certified financial statements to the department.
 3848         a. Upon approval, the applicant must post a $5 million
 3849  performance bond issued by an authorized surety insurance
 3850  company rated in one of the three highest rating categories by a
 3851  nationally recognized rating service. However, a medical
 3852  marijuana treatment center serving at least 1,000 qualified
 3853  patients is only required to maintain a $2 million performance
 3854  bond.
 3855         b. In lieu of the performance bond required under sub
 3856  subparagraph a., the applicant may provide an irrevocable letter
 3857  of credit payable to the department or provide cash to the
 3858  department. If provided with cash under this sub-subparagraph,
 3859  the department shall deposit the cash in the Grants and
 3860  Donations Trust Fund within the Department of Health, subject to
 3861  the same conditions as the bond regarding requirements for the
 3862  applicant to forfeit ownership of the funds. If the funds
 3863  deposited under this sub-subparagraph generate interest, the
 3864  amount of that interest shall be used by the department for the
 3865  administration of this section.
 3866         8. That all owners, officers, board members, and managers
 3867  have passed a background screening pursuant to subsection (9).
 3868         9. The employment of a medical director to supervise the
 3869  activities of the medical marijuana treatment center.
 3870         10. A diversity plan that promotes and ensures the
 3871  involvement of minority persons and certified rural or urban
 3872  minority business enterprises, as defined in s. 288.703, or
 3873  veteran business enterprises, as defined in s. 295.187, in
 3874  ownership, management, and employment. An applicant for
 3875  licensure renewal must show the effectiveness of the diversity
 3876  plan by including the following with his or her application for
 3877  renewal:
 3878         a. Representation of minority persons and veterans in the
 3879  medical marijuana treatment center’s workforce;
 3880         b. Efforts to recruit minority persons and veterans for
 3881  employment; and
 3882         c. A record of contracts for services with rural or urban
 3883  minority business enterprises and veteran business enterprises.
 3884         Section 110. Subsection (4) of section 403.031, Florida
 3885  Statutes, is amended to read:
 3886         403.031 Definitions.—In construing this chapter, or rules
 3887  and regulations adopted pursuant hereto, the following words,
 3888  phrases, or terms, unless the context otherwise indicates, have
 3889  the following meanings:
 3890         (4) “Electrical power plant” means, for purposes of this
 3891  part of this chapter, any electrical generating facility that
 3892  uses any process or fuel and that is owned or operated by an
 3893  electric utility, as defined in s. 403.503 s. 403.503(14), and
 3894  includes any associated facility that directly supports the
 3895  operation of the electrical power plant.
 3896         Section 111. Subsection (6) of section 403.0752, Florida
 3897  Statutes, is amended to read:
 3898         403.0752 Ecosystem management agreements.—
 3899         (6) The secretary of the department may form ecosystem
 3900  management advisory teams for consultation and participation in
 3901  the preparation of an ecosystem management agreement. The
 3902  secretary shall request the participation of at least the state
 3903  and regional and local government entities having regulatory
 3904  authority over the activities to be subject to the ecosystem
 3905  management agreement. Such teams may also include
 3906  representatives of other participating or advisory government
 3907  agencies, which may include regional planning councils, private
 3908  landowners, public landowners and managers, public and private
 3909  utilities, corporations, and environmental interests. Team
 3910  members shall be selected in a manner that ensures adequate
 3911  representation of the diverse interests and perspectives within
 3912  the designated ecosystem. Participation by any department of
 3913  state government is at the discretion of that agency.
 3914         Section 112. Subsection (27) of section 403.503, Florida
 3915  Statutes, is amended to read:
 3916         403.503 Definitions relating to Florida Electrical Power
 3917  Plant Siting Act.—As used in this act:
 3918         (27) “Regional planning council” means a regional planning
 3919  council as defined in s. 186.503(4) in the jurisdiction of which
 3920  the electrical power plant is proposed to be located.
 3921         Section 113. Subsection (1) of section 403.50663, Florida
 3922  Statutes, is amended to read:
 3923         403.50663 Informational public meetings.—
 3924         (1) A local government within whose jurisdiction the power
 3925  plant is proposed to be sited may hold one informational public
 3926  meeting in addition to the hearings specifically authorized by
 3927  this act on any matter associated with the electrical power
 3928  plant proceeding. Such informational public meetings shall be
 3929  held by the local government or by the regional planning council
 3930  if the local government does not hold such meeting within 70
 3931  days after the filing of the application. The purpose of an
 3932  informational public meeting is for the local government or
 3933  regional planning council to further inform the public about the
 3934  proposed electrical power plant or associated facilities, obtain
 3935  comments from the public, and formulate its recommendation with
 3936  respect to the proposed electrical power plant.
 3937         Section 114. Paragraph (a) of subsection (2) of section
 3938  403.507, Florida Statutes, is amended to read:
 3939         403.507 Preliminary statements of issues, reports, project
 3940  analyses, and studies.—
 3941         (2)(a) No later than 100 days after the certification
 3942  application has been determined complete, the following agencies
 3943  shall prepare reports as provided below and shall submit them to
 3944  the department and the applicant, unless a final order denying
 3945  the determination of need has been issued under s. 403.519:
 3946         1. The Department of Commerce shall prepare a report
 3947  containing recommendations which address the impact upon the
 3948  public of the proposed electrical power plant, based on the
 3949  degree to which the electrical power plant is consistent with
 3950  the applicable portions of the state comprehensive plan,
 3951  emergency management, and other such matters within its
 3952  jurisdiction. The Department of Commerce may also comment on the
 3953  consistency of the proposed electrical power plant with
 3954  applicable strategic regional policy plans or local
 3955  comprehensive plans and land development regulations.
 3956         2. The water management district shall prepare a report as
 3957  to matters within its jurisdiction, including but not limited
 3958  to, the impact of the proposed electrical power plant on water
 3959  resources, regional water supply planning, and district-owned
 3960  lands and works.
 3961         3. Each local government in whose jurisdiction the proposed
 3962  electrical power plant is to be located shall prepare a report
 3963  as to the consistency of the proposed electrical power plant
 3964  with all applicable local ordinances, regulations, standards, or
 3965  criteria that apply to the proposed electrical power plant,
 3966  including any applicable local environmental regulations adopted
 3967  pursuant to s. 403.182 or by other means.
 3968         4. The Fish and Wildlife Conservation Commission shall
 3969  prepare a report as to matters within its jurisdiction.
 3970         5. The Department of Transportation shall address the
 3971  impact of the proposed electrical power plant on matters within
 3972  its jurisdiction.
 3973         Section 115. Paragraphs (a) and (c) of subsection (4) of
 3974  section 403.509, Florida Statutes, are amended to read:
 3975         403.509 Final disposition of application.—
 3976         (4)(a) Any transmission line corridor certified by the
 3977  board, or secretary if applicable, shall meet the criteria of
 3978  this section. When more than one transmission line corridor is
 3979  proper for certification under s. 403.503 s. 403.503(11) and
 3980  meets the criteria of this section, the board, or secretary if
 3981  applicable, shall certify the transmission line corridor that
 3982  has the least adverse impact regarding the criteria in
 3983  subsection (3), including costs.
 3984         (c) If the board, or secretary if applicable, finds that
 3985  two or more of the corridors that comply with subsection (3)
 3986  have the least adverse impacts regarding the criteria in
 3987  subsection (3), including costs, and that the corridors are
 3988  substantially equal in adverse impacts regarding the criteria in
 3989  subsection (3), including costs, the board, or secretary if
 3990  applicable, shall certify the corridor preferred by the
 3991  applicant if the corridor is one proper for certification under
 3992  s. 403.503 s. 403.503(11).
 3993         Section 116. Paragraph (a) of subsection (6) and paragraph
 3994  (a) of subsection (7) of section 403.5115, Florida Statutes, are
 3995  amended to read:
 3996         403.5115 Public notice.—
 3997         (6)(a) A good faith effort shall be made by the applicant
 3998  to provide direct written notice of the filing of an application
 3999  for certification by United States mail or hand delivery no
 4000  later than 45 days after filing of the application to all local
 4001  landowners whose property, as noted in the most recent local
 4002  government tax records, and residences are located within the
 4003  following distances of the proposed project:
 4004         1. Three miles of the proposed main site boundaries of the
 4005  proposed electrical power plant.
 4006         2. One-quarter mile for a transmission line corridor that
 4007  only includes a transmission line as defined by s. 403.522 s.
 4008  403.522(22).
 4009         3. One-quarter mile for all other linear associated
 4010  facilities extending away from the main site boundary except for
 4011  a transmission line corridor that includes a transmission line
 4012  that operates below those defined by s. 403.522 s. 403.522(22).
 4013         (7)(a) A good faith effort shall be made by the proponent
 4014  of an alternate corridor that includes a transmission line, as
 4015  defined by s. 403.522 s. 403.522(22), to provide direct written
 4016  notice of the filing of an alternate corridor for certification
 4017  by United States mail or hand delivery of the filing no later
 4018  than 30 days after filing of the alternate corridor to all local
 4019  landowners whose property, as noted in the most recent local
 4020  government tax records, and residences, are located within one
 4021  quarter mile of the proposed boundaries of a transmission line
 4022  corridor that includes a transmission line as defined by s.
 4023  403.522 s. 403.522(22).
 4024         Section 117. Subsection (1) of section 403.5175, Florida
 4025  Statutes, is amended to read:
 4026         403.5175 Existing electrical power plant site
 4027  certification.—
 4028         (1) An electric utility that owns or operates an existing
 4029  electrical power plant as defined in s. 403.503 s. 403.503(14)
 4030  may apply for certification of an existing power plant and its
 4031  site in order to obtain all agency licenses necessary to ensure
 4032  compliance with federal or state environmental laws and
 4033  regulation using the centrally coordinated, one-stop licensing
 4034  process established by this part. An application for
 4035  certification under this section must be in the form prescribed
 4036  by department rule. Applications must be reviewed and processed
 4037  using the same procedural steps and notices as for an
 4038  application for a new facility, except that a determination of
 4039  need by the Public Service Commission is not required.
 4040         Section 118. Paragraph (c) of subsection (2) of section
 4041  403.518, Florida Statutes, is amended to read:
 4042         403.518 Fees; disposition.—The department shall charge the
 4043  applicant the following fees, as appropriate, which, unless
 4044  otherwise specified, shall be paid into the Florida Permit Fee
 4045  Trust Fund:
 4046         (2) An application fee, which may shall not exceed
 4047  $200,000. The fee shall be fixed by rule on a sliding scale
 4048  related to the size, type, ultimate site capacity, or increase
 4049  in electrical generating capacity proposed by the application.
 4050         (c)1. Upon written request with proper itemized accounting
 4051  within 90 days after final agency action by the board or
 4052  department or withdrawal of the application, the agencies that
 4053  prepared reports pursuant to s. 403.507 or participated in a
 4054  hearing pursuant to s. 403.508 may submit a written request to
 4055  the department for reimbursement of expenses incurred during the
 4056  certification proceedings. The request must shall contain an
 4057  accounting of expenses incurred which may include time spent
 4058  reviewing the application, preparation of any studies required
 4059  of the agencies by this act, agency travel and per diem to
 4060  attend any hearing held pursuant to this act, and for any local
 4061  government’s or regional planning council’s provision of notice
 4062  of public meetings required as a result of the application for
 4063  certification. The department shall review the request and
 4064  verify that the expenses are valid. Valid expenses must shall be
 4065  reimbursed; however, in the event the amount of funds available
 4066  for reimbursement is insufficient to provide for full
 4067  compensation to the agencies requesting reimbursement,
 4068  reimbursement is shall be on a prorated basis.
 4069         2. If the application review is held in abeyance for more
 4070  than 1 year, the agencies may submit a request for
 4071  reimbursement. This time period is shall be measured from the
 4072  date the applicant has provided written notification to the
 4073  department that it desires to have the application review
 4074  process placed on hold. The fee disbursement shall be processed
 4075  in accordance with subparagraph 1.
 4076         Section 119. Subsection (21) of section 403.522, Florida
 4077  Statutes, is amended to read:
 4078         403.522 Definitions relating to the Florida Electric
 4079  Transmission Line Siting Act.—As used in this act:
 4080         (21) “Regional planning council” means a regional planning
 4081  council as defined in s. 186.503(4) in the jurisdiction of which
 4082  the project is proposed to be located.
 4083         Section 120. Paragraph (a) of subsection (1) of section
 4084  403.5251, Florida Statutes, is amended to read:
 4085         403.5251 Application; schedules.—
 4086         (1)(a) The formal date of the filing of the application for
 4087  certification and commencement of the review process for
 4088  certification is the date on which the applicant submits:
 4089         1. Copies of the application for certification in a
 4090  quantity and format, electronic or otherwise as prescribed by
 4091  rule, to the department and other agencies identified in s.
 4092  403.526(2).
 4093         2. The application fee as specified under s. 403.5365 to
 4094  the department.
 4095  
 4096  The department shall provide to the applicant and the Division
 4097  of Administrative Hearings the names and addresses of any
 4098  additional agencies or persons entitled to notice and copies of
 4099  the application and amendments, if any, within 7 days after
 4100  receiving the application for certification and the application
 4101  fees.
 4102         Section 121. Paragraph (a) of subsection (2) of section
 4103  403.526, Florida Statutes, is amended to read:
 4104         403.526 Preliminary statements of issues, reports, and
 4105  project analyses; studies.—
 4106         (2)(a) No later than 90 days after the filing of the
 4107  application, the following agencies shall prepare reports as
 4108  provided below, unless a final order denying the determination
 4109  of need has been issued under s. 403.537:
 4110         1. The department shall prepare a report as to the impact
 4111  of each proposed transmission line or corridor as it relates to
 4112  matters within its jurisdiction.
 4113         2. Each water management district in the jurisdiction of
 4114  which a proposed transmission line or corridor is to be located
 4115  shall prepare a report as to the impact on water resources and
 4116  other matters within its jurisdiction.
 4117         3. The Department of Commerce shall prepare a report
 4118  containing recommendations which address the impact upon the
 4119  public of the proposed transmission line or corridor, based on
 4120  the degree to which the proposed transmission line or corridor
 4121  is consistent with the applicable portions of the state
 4122  comprehensive plan, emergency management, and other matters
 4123  within its jurisdiction. The Department of Commerce may also
 4124  comment on the consistency of the proposed transmission line or
 4125  corridor with applicable strategic regional policy plans or
 4126  local comprehensive plans and land development regulations.
 4127         4. The Fish and Wildlife Conservation Commission shall
 4128  prepare a report as to the impact of each proposed transmission
 4129  line or corridor on fish and wildlife resources and other
 4130  matters within its jurisdiction.
 4131         5. Each local government shall prepare a report as to the
 4132  impact of each proposed transmission line or corridor on matters
 4133  within its jurisdiction, including the consistency of the
 4134  proposed transmission line or corridor with all applicable local
 4135  ordinances, regulations, standards, or criteria that apply to
 4136  the proposed transmission line or corridor, including local
 4137  comprehensive plans, zoning regulations, land development
 4138  regulations, and any applicable local environmental regulations
 4139  adopted pursuant to s. 403.182 or by other means. A change by
 4140  the responsible local government or local agency in local
 4141  comprehensive plans, zoning ordinances, or other regulations
 4142  made after the date required for the filing of the local
 4143  government’s report required by this section is not applicable
 4144  to the certification of the proposed transmission line or
 4145  corridor unless the certification is denied or the application
 4146  is withdrawn.
 4147         6. The Department of Transportation shall prepare a report
 4148  as to the impact of the proposed transmission line or corridor
 4149  on state roads, railroads, airports, aeronautics, seaports, and
 4150  other matters within its jurisdiction.
 4151         7. The commission shall prepare a report containing its
 4152  determination under s. 403.537, and the report may include the
 4153  comments from the commission with respect to any other subject
 4154  within its jurisdiction.
 4155         8. Any other agency, if requested by the department, shall
 4156  also perform studies or prepare reports as to subjects within
 4157  the jurisdiction of the agency which may potentially be affected
 4158  by the proposed transmission line.
 4159         Section 122. Paragraphs (d) and (f) of subsection (1) of
 4160  section 403.5271, Florida Statutes, are amended to read:
 4161         403.5271 Alternate corridors.—
 4162         (1) No later than 45 days before the originally scheduled
 4163  certification hearing, any party may propose alternate
 4164  transmission line corridor routes for consideration under the
 4165  provisions of this act.
 4166         (d) Within 21 days after acceptance of an alternate
 4167  corridor by the department and the applicant, the party
 4168  proposing an alternate corridor shall have the burden of
 4169  providing all data to the agencies listed in s. 403.5365 s.
 4170  403.526(2) and newly affected agencies necessary for the
 4171  preparation of a supplementary report on the proposed alternate
 4172  corridor.
 4173         (f) The agencies listed in s. 403.5365 s. 403.526(2) and
 4174  any newly affected agencies shall file supplementary reports
 4175  with the applicant and the department which address the proposed
 4176  alternate corridors no later than 24 days after the data
 4177  submitted pursuant to paragraph (d) or paragraph (e) is
 4178  determined to be complete.
 4179         Section 123. Subsection (1) of section 403.5272, Florida
 4180  Statutes, is amended to read:
 4181         403.5272 Informational public meetings.—
 4182         (1) A local government whose jurisdiction is to be crossed
 4183  by a proposed corridor may hold one informational public meeting
 4184  in addition to the hearings specifically authorized by this act
 4185  on any matter associated with the transmission line proceeding.
 4186  The informational public meeting may be conducted by the local
 4187  government or the regional planning council and shall be held no
 4188  later than 55 days after the application is filed. The purpose
 4189  of an informational public meeting is for the local government
 4190  or regional planning council to further inform the public about
 4191  the transmission line proposed, obtain comments from the public,
 4192  and formulate its recommendation with respect to the proposed
 4193  transmission line.
 4194         Section 124. Subsection (4), paragraph (a) of subsection
 4195  (5), and paragraph (a) of subsection (6) of section 403.5363,
 4196  Florida Statutes, are amended to read:
 4197         403.5363 Public notices; requirements.—
 4198         (4) A local government or regional planning council that
 4199  proposes to conduct an informational public meeting pursuant to
 4200  s. 403.5272 must publish notice of the meeting in a newspaper of
 4201  general circulation within the county or counties in which the
 4202  proposed electrical transmission line will be located no later
 4203  than 7 days before prior to the meeting. A newspaper of general
 4204  circulation shall be the newspaper that has the largest daily
 4205  circulation in that county and has its principal office in that
 4206  county. If the newspaper with the largest daily circulation has
 4207  its principal office outside the county, the notices shall
 4208  appear in both the newspaper having the largest circulation in
 4209  that county and in a newspaper authorized to publish legal
 4210  notices in that county.
 4211         (5)(a) A good faith effort shall be made by the applicant
 4212  to provide direct notice of the filing of an application for
 4213  certification by United States mail or hand delivery no later
 4214  than 45 days after filing of the application to all local
 4215  landowners whose property, as noted in the most recent local
 4216  government tax records, and residences are located within one
 4217  quarter mile of the proposed boundaries of a transmission line
 4218  corridor that only includes a transmission line as defined by s.
 4219  403.522 s. 403.522(22).
 4220         (6)(a) A good faith effort shall be made by the proponent
 4221  of an alternate corridor that includes a transmission line, as
 4222  defined by s. 403.522 s. 403.522(22), to provide direct notice
 4223  of the filing of an alternate corridor for certification by
 4224  United States mail or hand delivery of the filing no later than
 4225  30 days after filing of the alternate corridor to all local
 4226  landowners whose property, as noted in the most recent local
 4227  government tax records, and residences are located within one
 4228  quarter mile of the proposed boundaries of a transmission line
 4229  corridor that includes a transmission line as defined by s.
 4230  403.522 s. 403.522(22).
 4231         Section 125. Paragraph (d) of subsection (1) of section
 4232  403.5365, Florida Statutes, is amended to read:
 4233         403.5365 Fees; disposition.—The department shall charge the
 4234  applicant the following fees, as appropriate, which, unless
 4235  otherwise specified, shall be paid into the Florida Permit Fee
 4236  Trust Fund:
 4237         (1) An application fee.
 4238         (d)1. Upon written request with proper itemized accounting
 4239  within 90 days after final agency action by the siting board or
 4240  the department or the written notification of the withdrawal of
 4241  the application, the agencies that prepared reports under s.
 4242  403.526 or s. 403.5271 or participated in a hearing under s.
 4243  403.527 or s. 403.5271 may submit a written request to the
 4244  department for reimbursement of expenses incurred during the
 4245  certification proceedings. The request must contain an
 4246  accounting of expenses incurred, which may include time spent
 4247  reviewing the application, preparation of any studies required
 4248  of the agencies by this act, agency travel and per diem to
 4249  attend any hearing held under this act, and for the local
 4250  government or regional planning council providing additional
 4251  notice of the informational public meeting. The department shall
 4252  review the request and verify whether a claimed expense is
 4253  valid. Valid expenses shall be reimbursed; however, if the
 4254  amount of funds available for reimbursement is insufficient to
 4255  provide for full compensation to the agencies, reimbursement
 4256  shall be on a prorated basis.
 4257         2. If the application review is held in abeyance for more
 4258  than 1 year, the agencies may submit a request for reimbursement
 4259  under subparagraph 1. This time period shall be measured from
 4260  the date the applicant has provided written notification to the
 4261  department that it desires to have the application review
 4262  process placed on hold. The fee disbursement shall be processed
 4263  in accordance with subparagraph 1.
 4264         Section 126. Paragraphs (a) and (d) of subsection (1) of
 4265  section 403.537, Florida Statutes, are amended to read:
 4266         403.537 Determination of need for transmission line; powers
 4267  and duties.—
 4268         (1)(a) Upon request by an applicant or upon its own motion,
 4269  the Florida Public Service Commission shall schedule a public
 4270  hearing, after notice, to determine the need for a transmission
 4271  line regulated by the Florida Electric Transmission Line Siting
 4272  Act, ss. 403.52-403.5365. The notice shall be published at least
 4273  21 days before the date set for the hearing and shall be
 4274  published by the applicant in at least one-quarter page size
 4275  notice in newspapers of general circulation, and by the
 4276  commission in the manner specified in chapter 120, by giving
 4277  notice to counties and regional planning councils in whose
 4278  jurisdiction the transmission line could be placed, and by
 4279  giving notice to any persons who have requested to be placed on
 4280  the mailing list of the commission for this purpose. Within 21
 4281  days after receipt of a request for determination by an
 4282  applicant, the commission shall set a date for the hearing. The
 4283  hearing shall be held pursuant to s. 350.01 within 45 days after
 4284  the filing of the request, and a decision shall be rendered
 4285  within 60 days after such filing.
 4286         (d) The determination by the commission of the need for the
 4287  transmission line, as defined in s. 403.522 s. 403.522(22), is
 4288  binding on all parties to any certification proceeding under the
 4289  Florida Electric Transmission Line Siting Act and is a condition
 4290  precedent to the conduct of the certification hearing prescribed
 4291  therein. An order entered pursuant to this section constitutes
 4292  final agency action.
 4293         Section 127. Subsection (17) of section 403.704, Florida
 4294  Statutes, is amended to read:
 4295         403.704 Powers and duties of the department.—The department
 4296  shall have responsibility for the implementation and enforcement
 4297  of this act. In addition to other powers and duties, the
 4298  department shall:
 4299         (17) Provide technical assistance to local governments and
 4300  regional agencies to ensure consistency between county hazardous
 4301  waste management assessments; coordinate the development of such
 4302  assessments with the assistance of the appropriate regional
 4303  planning councils; and review and make recommendations to the
 4304  Legislature relative to the sufficiency of the assessments to
 4305  meet state hazardous waste management needs.
 4306         Section 128. Subsections (3) and (6) of section 403.7225,
 4307  Florida Statutes, are amended to read:
 4308         403.7225 Local hazardous waste management assessments.—
 4309         (3) Each county or regional planning council shall
 4310  coordinate the local hazardous waste management assessments
 4311  within its jurisdiction according to guidelines established
 4312  under s. 403.7226. If a county declines to perform the local
 4313  hazardous waste management assessment, the county must shall
 4314  make arrangements with the department its regional planning
 4315  council to perform the assessment.
 4316         (6) Unless performed by the county pursuant to subsection
 4317  (3), the department regional planning councils shall upon
 4318  successful arrangements with a county:
 4319         (a) Perform local hazardous waste management assessments;
 4320  and
 4321         (b) Provide any technical expertise needed by the counties
 4322  in developing the assessments.
 4323         Section 129. Subsection (1) of section 403.7226, Florida
 4324  Statutes, is amended to read:
 4325         403.7226 Technical assistance by the department.—The
 4326  department shall:
 4327         (1) Provide technical assistance to county governments and
 4328  regional planning councils to ensure consistency in implementing
 4329  local hazardous waste management assessments as provided in ss.
 4330  403.7225, 403.7234, and 403.7236. In order to ensure that each
 4331  local assessment is properly implemented and that all
 4332  information gathered during the assessment is uniformly compiled
 4333  and documented, each county or regional planning council shall
 4334  contact the department during the preparation of the local
 4335  assessment to receive technical assistance. Each county or
 4336  regional planning council shall follow guidelines established by
 4337  the department, and adopted by rule as appropriate, in order to
 4338  properly implement these assessments.
 4339         Section 130. Subsection (2) of section 403.723, Florida
 4340  Statutes, is amended to read:
 4341         403.723 Siting of hazardous waste facilities.—It is the
 4342  intent of the Legislature to facilitate siting of proper
 4343  hazardous waste storage facilities in each region and any
 4344  additional storage, treatment, or disposal facilities as
 4345  required. The Legislature recognizes the need for facilitating
 4346  disposal of waste produced by small generators, reducing the
 4347  volume of wastes generated in the state, reducing the toxicity
 4348  of wastes generated in the state, and providing treatment and
 4349  disposal facilities in the state.
 4350         (2) After each county designates areas for storage
 4351  facilities, the department each regional planning council shall
 4352  designate one or more sites at which a regional hazardous waste
 4353  storage or treatment facility could be constructed.
 4354         Section 131. Subsection (22) of section 403.9403, Florida
 4355  Statutes, is amended to read:
 4356         403.9403 Definitions.—As used in ss. 403.9401-403.9425, the
 4357  term:
 4358         (22) “Regional planning council” means a regional planning
 4359  council created pursuant to chapter 186 in the jurisdiction of
 4360  which the project is proposed to be located.
 4361         Section 132. Paragraph (a) of subsection (2) of section
 4362  403.941, Florida Statutes, is amended to read:
 4363         403.941 Preliminary statements of issues, reports, and
 4364  studies.—
 4365         (2)(a) The affected agencies shall prepare reports as
 4366  provided in this paragraph and shall submit them to the
 4367  department and the applicant within 60 days after the
 4368  application is determined sufficient:
 4369         1. The department shall prepare a report as to the impact
 4370  of each proposed natural gas transmission pipeline or corridor
 4371  as it relates to matters within its jurisdiction.
 4372         2. Each water management district in the jurisdiction of
 4373  which a proposed natural gas transmission pipeline or corridor
 4374  is to be located shall prepare a report as to the impact on
 4375  water resources and other matters within its jurisdiction.
 4376         3. The Department of Commerce shall prepare a report
 4377  containing recommendations which address the impact upon the
 4378  public of the proposed natural gas transmission pipeline or
 4379  corridor, based on the degree to which the proposed natural gas
 4380  transmission pipeline or corridor is consistent with the
 4381  applicable portions of the state comprehensive plan and other
 4382  matters within its jurisdiction. The Department of Commerce may
 4383  also comment on the consistency of the proposed natural gas
 4384  transmission pipeline or corridor with applicable strategic
 4385  regional policy plans or local comprehensive plans and land
 4386  development regulations.
 4387         4. The Fish and Wildlife Conservation Commission shall
 4388  prepare a report as to the impact of each proposed natural gas
 4389  transmission pipeline or corridor on fish and wildlife resources
 4390  and other matters within its jurisdiction.
 4391         5. Each local government in which the natural gas
 4392  transmission pipeline or natural gas transmission pipeline
 4393  corridor will be located shall prepare a report as to the impact
 4394  of each proposed natural gas transmission pipeline or corridor
 4395  on matters within its jurisdiction, including the consistency of
 4396  the proposed natural gas transmission pipeline or corridor with
 4397  all applicable local ordinances, regulations, standards, or
 4398  criteria that apply to the proposed natural gas transmission
 4399  pipeline or corridor, including local comprehensive plans,
 4400  zoning regulations, land development regulations, and any
 4401  applicable local environmental regulations adopted pursuant to
 4402  s. 403.182 or by other means. No change by the responsible local
 4403  government or local agency in local comprehensive plans, zoning
 4404  ordinances, or other regulations made after the date required
 4405  for the filing of the local government’s report required by this
 4406  section shall be applicable to the certification of the proposed
 4407  natural gas transmission pipeline or corridor unless the
 4408  certification is denied or the application is withdrawn.
 4409         6. The Department of Transportation shall prepare a report
 4410  on the effect of the natural gas transmission pipeline or
 4411  natural gas transmission pipeline corridor on matters within its
 4412  jurisdiction, including roadway crossings by the pipeline. The
 4413  report shall contain at a minimum:
 4414         a. A report by the applicant to the department stating that
 4415  all requirements of the department’s utilities accommodation
 4416  guide have been or will be met in regard to the proposed
 4417  pipeline or pipeline corridor; and
 4418         b. A statement by the department as to the adequacy of the
 4419  report to the department by the applicant.
 4420         7. The Department of State, Division of Historical
 4421  Resources, shall prepare a report on the impact of the natural
 4422  gas transmission pipeline or natural gas transmission pipeline
 4423  corridor on matters within its jurisdiction.
 4424         8. The commission shall prepare a report addressing matters
 4425  within its jurisdiction. The commission’s report shall include
 4426  its determination of need issued pursuant to s. 403.9422.
 4427         Section 133. Paragraph (a) of subsection (1) of section
 4428  403.9422, Florida Statutes, is amended to read:
 4429         403.9422 Determination of need for natural gas transmission
 4430  pipeline; powers and duties.—
 4431         (1)(a) Upon request by an applicant or upon its own motion,
 4432  the commission shall schedule a public hearing, after notice, to
 4433  determine the need for a natural gas transmission pipeline
 4434  regulated by ss. 403.9401-403.9425. Such notice shall be
 4435  published at least 45 days before the date set for the hearing
 4436  and shall be published in at least one-quarter page size in
 4437  newspapers of general circulation and in the Florida
 4438  Administrative Register, by giving notice to counties and
 4439  regional planning councils in whose jurisdiction the natural gas
 4440  transmission pipeline could be placed, and by giving notice to
 4441  any persons who have requested to be placed on the mailing list
 4442  of the commission for this purpose. Within 21 days after receipt
 4443  of a request for determination by an applicant, the commission
 4444  shall set a date for the hearing. The hearing shall be held
 4445  pursuant to s. 350.01 within 75 days after the filing of the
 4446  request, and a decision shall be rendered within 90 days after
 4447  such filing.
 4448         Section 134. Subsection (4) of section 403.973, Florida
 4449  Statutes, is amended to read:
 4450         403.973 Expedited permitting; amendments to comprehensive
 4451  plans.—
 4452         (4) The regional teams shall be established through the
 4453  execution of a project-specific memorandum of agreement
 4454  developed and executed by the applicant and the secretary, with
 4455  input solicited from the respective heads of the Department of
 4456  Transportation and its district offices, the Department of
 4457  Agriculture and Consumer Services, the Fish and Wildlife
 4458  Conservation Commission, appropriate regional planning councils,
 4459  appropriate water management districts, and voluntarily
 4460  participating municipalities and counties. The memorandum of
 4461  agreement should also accommodate participation in this
 4462  expedited process by other local governments and federal
 4463  agencies as circumstances warrant.
 4464         Section 135. Paragraphs (b) and (d) of subsection (1) of
 4465  section 408.033, Florida Statutes, are amended to read:
 4466         408.033 Local and state health planning.—
 4467         (1) LOCAL HEALTH COUNCILS.—
 4468         (b) Each local health council may:
 4469         1. Develop a district area health plan that permits each
 4470  local health council to develop strategies and set priorities
 4471  for implementation based on its unique local health needs.
 4472         2. Advise the agency on health care issues and resource
 4473  allocations.
 4474         3. Promote public awareness of community health needs,
 4475  emphasizing health promotion and cost-effective health service
 4476  selection.
 4477         4. Collect data and conduct analyses and studies related to
 4478  health care needs of the district, including the needs of
 4479  medically indigent persons, and assist the agency and other
 4480  state agencies in carrying out data collection activities that
 4481  relate to the functions in this subsection.
 4482         5. Monitor the onsite construction progress, if any, of
 4483  certificate-of-need approved projects and report council
 4484  findings to the agency on forms provided by the agency.
 4485         6. Advise and assist any regional planning councils within
 4486  each district that have elected to address health issues in
 4487  their strategic regional policy plans with the development of
 4488  the health element of the plans to address the health goals and
 4489  policies in the State Comprehensive Plan.
 4490         6.7. Advise and assist local governments within each
 4491  district on the development of an optional health plan element
 4492  of the comprehensive plan provided in chapter 163, to assure
 4493  compatibility with the health goals and policies in the State
 4494  Comprehensive Plan and district health plan. To facilitate the
 4495  implementation of this section, the local health council shall
 4496  annually provide the local governments in its service area, upon
 4497  request, with:
 4498         a. A copy and appropriate updates of the district health
 4499  plan;
 4500         b. A report of nursing home utilization statistics for
 4501  facilities within the local government jurisdiction; and
 4502         c. Applicable agency rules and calculated need
 4503  methodologies for health facilities and services regulated under
 4504  s. 408.034 for the district served by the local health council.
 4505         7.8. Monitor and evaluate the adequacy, appropriateness,
 4506  and effectiveness, within the district, of local, state,
 4507  federal, and private funds distributed to meet the needs of the
 4508  medically indigent and other underserved population groups.
 4509         8.9. In conjunction with the Department of Health, plan for
 4510  services at the local level for persons infected with the human
 4511  immunodeficiency virus.
 4512         9.10. Provide technical assistance to encourage and support
 4513  activities by providers, purchasers, consumers, and local,
 4514  regional, and state agencies in meeting the health care goals,
 4515  objectives, and policies adopted by the local health council.
 4516         10.11. Provide the agency with data required by rule for
 4517  the review of certificate-of-need applications and the
 4518  projection of need for health facilities in the district.
 4519         (d) Each local health council shall enter into a memorandum
 4520  of agreement with each regional planning council in its district
 4521  that elects to address health issues in its strategic regional
 4522  policy plan. In addition, each local health council shall enter
 4523  into a memorandum of agreement with each local government that
 4524  includes an optional health element in its comprehensive plan.
 4525  Each memorandum of agreement must specify the manner in which
 4526  each local government, regional planning council, and local
 4527  health council will coordinate its activities to ensure a
 4528  unified approach to health planning and implementation efforts.
 4529         Section 136. Subsection (1) of section 420.609, Florida
 4530  Statutes, is amended to read:
 4531         420.609 Affordable Housing Study Commission.—Because the
 4532  Legislature firmly supports affordable housing in Florida for
 4533  all economic classes:
 4534         (1) There is created the Affordable Housing Study
 4535  Commission, which shall be composed of 20 21 members to be
 4536  appointed by the Governor:
 4537         (a) One citizen actively engaged in the residential home
 4538  building industry.
 4539         (b) One citizen actively engaged in the home mortgage
 4540  lending profession.
 4541         (c) One citizen actively engaged in the real estate sales
 4542  profession.
 4543         (d) One citizen actively engaged in apartment development.
 4544         (e) One citizen actively engaged in the management and
 4545  operation of a rental housing development.
 4546         (f) Two citizens who represent very-low-income and low
 4547  income persons.
 4548         (g) One citizen representing a community-based organization
 4549  with experience in housing development.
 4550         (h) One citizen representing a community-based organization
 4551  with experience in housing development in a community with a
 4552  population of less than 50,000 persons.
 4553         (i) Two citizens who represent elderly persons’ housing
 4554  interests.
 4555         (j) One representative of regional planning councils.
 4556         (j)(k) One representative of the Florida League of Cities.
 4557         (k)(l) One representative of the Florida Association of
 4558  Counties.
 4559         (l)(m) Two citizens representing statewide growth
 4560  management organizations.
 4561         (m)(n) One citizen of the state to serve as chair of the
 4562  commission.
 4563         (n)(o) One citizen representing a residential community
 4564  developer.
 4565         (o)(p) One member who is a resident of the state.
 4566         (p)(q) One representative from a local housing authority.
 4567         (q)(r) One citizen representing the housing interests of
 4568  homeless persons.
 4569         Section 137. Paragraph (a) of subsection (3) and subsection
 4570  (6) of section 473.3065, Florida Statutes, is amended to read:
 4571         473.3065 Clay Ford Scholarship Program; Certified Public
 4572  Accountant Education Minority Assistance Advisory Council.—
 4573         (3) The board shall adopt rules as necessary for
 4574  administration of the Clay Ford Scholarship Program, including
 4575  rules relating to the following:
 4576         (a) Eligibility criteria for receipt of a scholarship,
 4577  which, at a minimum, shall include the following factors:
 4578         1. Financial need.
 4579         2. Ethnic, gender, or racial minority status pursuant to s.
 4580  288.703 s. 288.703(4).
 4581         3. Scholastic ability and performance.
 4582         (6) There is hereby created the Certified Public Accountant
 4583  Education Minority Assistance Advisory Council to assist the
 4584  board in administering the Clay Ford Scholarship Program. The
 4585  council shall be diverse and representative of the gender,
 4586  ethnic, and racial categories set forth in s. 288.703 s.
 4587  288.703(4).
 4588         (a) The council shall consist of five licensed Florida
 4589  certified public accountants selected by the board, of whom one
 4590  shall be a board member who serves as chair of the council, one
 4591  shall be a representative of the National Association of Black
 4592  Accountants, one shall be a representative of the Cuban American
 4593  CPA Association, and two shall be selected at large. At least
 4594  one member of the council must be a woman.
 4595         (b) The board shall determine the terms for initial
 4596  appointments and appointments thereafter.
 4597         (c) Any vacancy on the council shall be filled in the
 4598  manner provided for the selection of the initial member. Any
 4599  member appointed to fill a vacancy of an unexpired term shall be
 4600  appointed for the remainder of that term.
 4601         (d) Three consecutive absences or absences constituting 50
 4602  percent or more of the council’s meetings within any 12-month
 4603  period shall cause the council membership of the member in
 4604  question to become void, and the position shall be considered
 4605  vacant.
 4606         (e) The members of the council shall serve without
 4607  compensation, and any necessary and actual expenses incurred by
 4608  a member while engaged in the business of the council shall be
 4609  borne by such member or by the organization or agency such
 4610  member represents. However, the council member who is a member
 4611  of the board shall be compensated in accordance with ss.
 4612  455.207(4) and 112.061.
 4613         Section 138. Paragraph (f) of subsection (1) of section
 4614  501.171, Florida Statutes, is amended to read:
 4615         501.171 Security of confidential personal information.—
 4616         (1) DEFINITIONS.—As used in this section, the term:
 4617         (f) “Governmental entity” means any department, division,
 4618  bureau, commission, regional planning agency, board, district,
 4619  authority, agency, or other instrumentality of this state that
 4620  acquires, maintains, stores, or uses data in electronic form
 4621  containing personal information.
 4622         Section 139. Section 625.3255, Florida Statutes, is amended
 4623  to read:
 4624         625.3255 Capital participation instrument.—An insurer may
 4625  invest in any capital participation instrument or evidence of
 4626  indebtedness issued by the Department of Commerce pursuant to
 4627  the Florida Small and Minority Business Assistance Act.
 4628         Section 140. Paragraph (b) of subsection (4) of section
 4629  657.042, Florida Statutes, is amended to read:
 4630         657.042 Investment powers and limitations.—A credit union
 4631  may invest its funds subject to the following definitions,
 4632  restrictions, and limitations:
 4633         (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
 4634  CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
 4635  the credit union may be invested in any of the following:
 4636         (b) Any capital participation instrument or evidence of
 4637  indebtedness issued by the Department of Commerce pursuant to
 4638  the Florida Small and Minority Business Assistance Act.
 4639         Section 141. Paragraph (f) of subsection (4) of section
 4640  658.67, Florida Statutes, is amended to read:
 4641         658.67 Investment powers and limitations.—A bank may invest
 4642  its funds, and a trust company may invest its corporate funds,
 4643  subject to the following definitions, restrictions, and
 4644  limitations:
 4645         (4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS
 4646  OF CAPITAL ACCOUNTS.—
 4647         (f) Up to 10 percent of the capital accounts of a bank or
 4648  trust company may be invested in any capital participation
 4649  instrument or evidence of indebtedness issued by the Department
 4650  of Commerce pursuant to the Florida Small and Minority Business
 4651  Assistance Act.
 4652         Section 142. Subsection (6) of section 1013.30, Florida
 4653  Statutes, is amended to read:
 4654         1013.30 University campus master plans and campus
 4655  development agreements.—
 4656         (6) Before a campus master plan is adopted, a copy of the
 4657  draft master plan must be sent for review or made available
 4658  electronically to the host and any affected local governments,
 4659  the state land planning agency, the Department of Environmental
 4660  Protection, the Department of Transportation, the Department of
 4661  State, the Fish and Wildlife Conservation Commission, and the
 4662  applicable water management district and regional planning
 4663  council. At the request of a governmental entity, a hard copy of
 4664  the draft master plan shall be submitted within 7 business days
 4665  of an electronic copy being made available. These agencies must
 4666  be given 90 days after receipt of the campus master plans in
 4667  which to conduct their review and provide comments to the
 4668  university board of trustees. The commencement of this review
 4669  period must be advertised in newspapers of general circulation
 4670  within the host local government and any affected local
 4671  government to allow for public comment. Following receipt and
 4672  consideration of all comments and the holding of an informal
 4673  information session and at least two public hearings within the
 4674  host jurisdiction, the university board of trustees shall adopt
 4675  the campus master plan. It is the intent of the Legislature that
 4676  the university board of trustees comply with the notice
 4677  requirements set forth in s. 163.3184(11) to ensure full public
 4678  participation in this planning process. The informal public
 4679  information session must be held before the first public
 4680  hearing. The first public hearing shall be held before the draft
 4681  master plan is sent to the agencies specified in this
 4682  subsection. The second public hearing shall be held in
 4683  conjunction with the adoption of the draft master plan by the
 4684  university board of trustees. Campus master plans developed
 4685  under this section are not rules and are not subject to chapter
 4686  120 except as otherwise provided in this section.
 4687         Section 143. For the purpose of incorporating the amendment
 4688  made by this act to section 447.203, Florida Statutes, in
 4689  references thereto, paragraph (w) of subsection (2) of section
 4690  110.205, Florida Statutes, is reenacted to read:
 4691         110.205 Career service; exemptions.—
 4692         (2) EXEMPT POSITIONS.—The exempt positions that are not
 4693  covered by this part include the following:
 4694         (w) Managerial employees, as defined in s. 447.203(4),
 4695  confidential employees, as defined in s. 447.203(5), and
 4696  supervisory employees who spend the majority of their time
 4697  communicating with, motivating, training, and evaluating
 4698  employees, and planning and directing employees’ work, and who
 4699  have the authority to hire, transfer, suspend, lay off, recall,
 4700  promote, discharge, assign, reward, or discipline subordinate
 4701  employees or effectively recommend such action, including all
 4702  employees serving as supervisors, administrators, and directors.
 4703  Excluded are employees also designated as special risk or
 4704  special risk administrative support and attorneys who serve as
 4705  administrative law judges pursuant to s. 120.65 or for hearings
 4706  conducted pursuant to s. 120.57(1)(a). Additionally, registered
 4707  nurses licensed under chapter 464, dentists licensed under
 4708  chapter 466, psychologists licensed under chapter 490 or chapter
 4709  491, nutritionists or dietitians licensed under part X of
 4710  chapter 468, pharmacists licensed under chapter 465,
 4711  psychological specialists licensed under chapter 491, physical
 4712  therapists licensed under chapter 486, and speech therapists
 4713  licensed under part I of chapter 468 are excluded, unless
 4714  otherwise collectively bargained.
 4715         Section 144. For the purpose of incorporating the amendment
 4716  made by this act to section 164.1031, Florida Statutes, in a
 4717  reference thereto, paragraph (d) of subsection (2) of section
 4718  163.3162, Florida Statutes, is reenacted to read:
 4719         163.3162 Agricultural lands and practices.—
 4720         (2) DEFINITIONS.—As used in this section, the term:
 4721         (d) “Governmental entity” has the same meaning as provided
 4722  in s. 164.1031. The term does not include a water management
 4723  district, a water control district established under chapter
 4724  298, or a special district created by special act for water
 4725  management purposes.
 4726         Section 145. For the purpose of incorporating the amendment
 4727  made by this act to section 164.1031, Florida Statutes, in a
 4728  reference thereto, subsection (8) of section 373.129, Florida
 4729  Statutes, is reenacted to read:
 4730         373.129 Maintenance of actions.—The department, the
 4731  governing board of any water management district, any local
 4732  board, or a local government to which authority has been
 4733  delegated pursuant to s. 373.103(8), is authorized to commence
 4734  and maintain proper and necessary actions and proceedings in any
 4735  court of competent jurisdiction for any of the following
 4736  purposes:
 4737         (8) In conflicts arising where a water management district
 4738  is a party to litigation against another governmental entity, as
 4739  defined in s. 164.1031, a district has an affirmative duty to
 4740  engage in alternative dispute resolution in good faith as
 4741  required by chapter 164.
 4742         Section 146. For the purpose of incorporating the amendment
 4743  made by this act to section 339.155, Florida Statutes, in
 4744  references thereto, subsections (1) and (3) of section 339.2819,
 4745  Florida Statutes, are reenacted to read:
 4746         339.2819 Transportation Regional Incentive Program.—
 4747         (1) There is created within the Department of
 4748  Transportation a Transportation Regional Incentive Program for
 4749  the purpose of providing funds to improve regionally significant
 4750  transportation facilities in regional transportation areas
 4751  created pursuant to s. 339.155(4).
 4752         (3) The department shall allocate funding available for the
 4753  Transportation Regional Incentive Program to the districts based
 4754  on a factor derived from equal parts of population and motor
 4755  fuel collections for eligible counties in regional
 4756  transportation areas created pursuant to s. 339.155(4).
 4757         Section 147. For the purpose of incorporating the
 4758  amendments made by this act to sections 380.045 and 380.05,
 4759  Florida Statutes, in a reference thereto, subsections (5) and
 4760  (6) of section 380.0552, Florida Statutes, are reenacted to
 4761  read:
 4762         380.0552 Florida Keys Area; protection and designation as
 4763  area of critical state concern.—
 4764         (5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5),
 4765  (9)-(11), (15), (17), and (21) shall not apply to the area
 4766  designated by this section for so long as the designation
 4767  remains in effect. Except as otherwise provided in this section,
 4768  s. 380.045 shall not apply to the area designated by this
 4769  section. All other provisions of this chapter shall apply,
 4770  including s. 380.07.
 4771         (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The
 4772  Governor, acting as the chief planning officer of the state,
 4773  shall appoint a resource planning and management committee for
 4774  the Florida Keys Area with the membership as specified in s.
 4775  380.045(2). Meetings shall be called as needed by the chair or
 4776  on the demand of three or more members of the committee. The
 4777  committee shall:
 4778         (a) Serve as a liaison between the state and local
 4779  governments within Monroe County.
 4780         (b) Develop, with local government officials in the Florida
 4781  Keys Area, recommendations to the state land planning agency as
 4782  to the sufficiency of the Florida Keys Area’s comprehensive plan
 4783  and land development regulations.
 4784         (c) Recommend to the state land planning agency changes to
 4785  state and regional plans and regulatory programs affecting the
 4786  Florida Keys Area.
 4787         (d) Assist units of local government within the Florida
 4788  Keys Area in carrying out the planning functions and other
 4789  responsibilities required by this section.
 4790         (e) Review, at a minimum, all reports and other materials
 4791  provided to it by the state land planning agency or other
 4792  governmental agencies.
 4793         Section 148. For the purpose of incorporating the amendment
 4794  made by this act to section 403.507, Florida Statutes, in a
 4795  reference thereto, paragraph (a) of subsection (1) of section
 4796  403.5064, Florida Statutes, is reenacted to read:
 4797         403.5064 Application; schedules.—
 4798         (1) The formal date of filing of a certification
 4799  application and commencement of the certification review process
 4800  shall be when the applicant submits:
 4801         (a) Copies of the certification application in a quantity
 4802  and format as prescribed by rule to the department and other
 4803  agencies identified in s. 403.507(2)(a).
 4804         Section 149. For the purpose of incorporating the amendment
 4805  made by this act to section 403.526, Florida Statutes, in a
 4806  reference thereto, paragraph (a) of subsection (1) of section
 4807  403.5251, Florida Statutes, is reenacted to read:
 4808         403.5251 Application; schedules.—
 4809         (1)(a) The formal date of the filing of the application for
 4810  certification and commencement of the review process for
 4811  certification is the date on which the applicant submits:
 4812         1. Copies of the application for certification in a
 4813  quantity and format, electronic or otherwise as prescribed by
 4814  rule, to the department and other agencies identified in s.
 4815  403.526(2).
 4816         2. The application fee as specified under s. 403.5365 to
 4817  the department.
 4818  
 4819  The department shall provide to the applicant and the Division
 4820  of Administrative Hearings the names and addresses of any
 4821  additional agencies or persons entitled to notice and copies of
 4822  the application and amendments, if any, within 7 days after
 4823  receiving the application for certification and the application
 4824  fees.
 4825         Section 150. For the purpose of incorporating the amendment
 4826  made by this act to section 403.526, Florida Statutes, in
 4827  references thereto, paragraphs (d) and (f) of subsection (1) of
 4828  section 403.5271, Florida Statutes, are reenacted to read:
 4829         403.5271 Alternate corridors.—
 4830         (1) No later than 45 days before the originally scheduled
 4831  certification hearing, any party may propose alternate
 4832  transmission line corridor routes for consideration under the
 4833  provisions of this act.
 4834         (d) Within 21 days after acceptance of an alternate
 4835  corridor by the department and the applicant, the party
 4836  proposing an alternate corridor shall have the burden of
 4837  providing all data to the agencies listed in s. 403.526(2) and
 4838  newly affected agencies necessary for the preparation of a
 4839  supplementary report on the proposed alternate corridor.
 4840         (f) The agencies listed in s. 403.526(2) and any newly
 4841  affected agencies shall file supplementary reports with the
 4842  applicant and the department which address the proposed
 4843  alternate corridors no later than 24 days after the data
 4844  submitted pursuant to paragraph (d) or paragraph (e) is
 4845  determined to be complete.
 4846         Section 151. For the purpose of incorporating the amendment
 4847  made by this act to section 403.941, Florida Statutes, in a
 4848  reference thereto, paragraph (c) of subsection (5) of section
 4849  403.9421, Florida Statutes, is reenacted to read:
 4850         403.9421 Fees; disposition.—The department shall charge the
 4851  applicant the following fees, as appropriate, which shall be
 4852  paid into the Florida Permit Fee Trust Fund:
 4853         (5) In administering fee revenues received under this
 4854  section, the department shall allocate the funds as follows:
 4855         (c) The balance of fees remaining shall be used by the
 4856  department to reimburse affected agencies included in s.
 4857  403.941(2)(a) for costs incurred in application and
 4858  postcertification review, respectively.
 4859         1. For application processing costs, upon presentation by
 4860  an affected agency of a proper itemized accounting within 90
 4861  days after the date of the board’s order approving certification
 4862  or the date on which a pending application is otherwise disposed
 4863  of, the department shall reimburse the agencies for authorized
 4864  costs from the fee balances remaining. Such reimbursement shall
 4865  be authorized for studies and the preparation of any reports
 4866  required of the agencies by ss. 403.9401-403.9425, for agency
 4867  travel and per diem to attend any hearing held, and for
 4868  participation in the proceedings. In the event the amount
 4869  available for allocation is insufficient to provide for complete
 4870  reimbursement to the agencies, reimbursement shall be on a
 4871  prorated basis. If any sums are remaining, the department shall
 4872  retain them for use in the same manner as is otherwise
 4873  authorized by this section; however, if the certification
 4874  application is withdrawn, the remaining sums shall be refunded
 4875  to the applicant within 120 days after withdrawal.
 4876         2. For postcertification costs, an invoice may be submitted
 4877  on an annual basis, commencing from the date of certification,
 4878  for expenses incurred by affected agencies conducting
 4879  postcertification review work pursuant to the conditions of
 4880  certification. In the event the amount available for allocation
 4881  is insufficient to provide for complete reimbursement to the
 4882  agencies, reimbursement shall be on a prorated basis.
 4883         Section 152. This act shall take effect July 1, 2025.
 4884  
 4885  ================= T I T L E  A M E N D M E N T ================
 4886  And the title is amended as follows:
 4887         Delete everything before the enacting clause
 4888  and insert:
 4889                        A bill to be entitled                      
 4890         An act relating to rural and urban business
 4891         enterprises; repealing ss. 24.113, 186.501, 186.502,
 4892         186.503, 186.504, 186.505, 186.506, 186.507, 186.508,
 4893         186.509, 186.511, 186.512, 186.513, 186.515, 287.0931,
 4894         288.12266, 288.124, 288.706, 288.7094, 288.7102,
 4895         288.71025, 288.7103, and 288.714, F.S., relating to
 4896         minority participation; a short title; legislative
 4897         findings and public purpose; definitions relating to
 4898         the Florida Regional Planning Council Act; regional
 4899         planning councils, creation, and membership; regional
 4900         planning councils, powers and duties; the Executive
 4901         Office of the Governor, powers and duties; strategic
 4902         regional policy plans; strategic regional policy plan
 4903         adoption, consistency with state comprehensive plan;
 4904         dispute resolution process; evaluation of strategic
 4905         regional policy plan, changes in plan; designation of
 4906         regional planning councils; reports; creation of
 4907         regional planning councils under ch. 163, F.S.;
 4908         minority business enterprises; the Targeted Marketing
 4909         Assistance Program; convention grants program; the
 4910         Florida Minority Business Loan Mobilization Program;
 4911         black business investment corporations; the Black
 4912         Business Loan Program; prohibited acts and penalties;
 4913         eligibility for a loan, loan guarantee, or investment;
 4914         and quarterly and annual reports, respectively;
 4915         amending s. 20.60, F.S.; revising the purpose of the
 4916         Department of Commerce; revising the responsibilities
 4917         of the Division of Economic Development within the
 4918         department; assigning responsibility to the division
 4919         for the Office of Secure Florida within the
 4920         department; specifying the responsibilities of the
 4921         office; amending s. 212.08, F.S.; deleting a
 4922         prohibition that the Department of Revenue may not
 4923         issue temporary tax exemption certificates after a
 4924         specified date; amending s. 215.559, F.S.; requiring
 4925         the Division of Emergency Management to give funding
 4926         priority to projects for the Hurricane Loss Mitigation
 4927         Program in regional planning council regions as such
 4928         regions existed on a specified date; amending s.
 4929         252.385, F.S.; requiring that the statewide emergency
 4930         shelter plan identify the general location and square
 4931         footage of special needs shelters by regional planning
 4932         council regions, as such regions existed on a
 4933         specified date, during the next 5 years; requiring
 4934         that state funds be maximized and targeted to regional
 4935         planning council regions as such regions existed on a
 4936         specified date; amending s. 253.025, F.S.; providing
 4937         an exemption for Federal Government agencies regarding
 4938         land being reverted to the Board of Trustees of the
 4939         Internal Improvement Trust Fund if land conveyances
 4940         are at less than the appraised value; amending s.
 4941         287.012, F.S.; deleting the definition of the term
 4942         “minority business enterprise” amending s. 287.042,
 4943         F.S.; conforming provisions to changes made by the
 4944         act; amending s. 287.09451, F.S.; revising legislative
 4945         findings; renaming the Office of Supplier Diversity as
 4946         the Office of Supplier Development; specifying that
 4947         the purpose and duties of the office are to assist
 4948         rural or urban business enterprises, rather than
 4949         minority business enterprises; conforming a provision
 4950         to changes made by the act; making technical changes;
 4951         amending s. 287.0947, F.S.; renaming the Florida
 4952         Advisory Council on Small and Minority Business
 4953         Development as the Florida Advisory Council on Small,
 4954         Rural, and Urban Business Development; revising the
 4955         composition of the council’s membership; revising the
 4956         council’s powers and duties; conforming a cross
 4957         reference; amending s. 288.001, F.S.; revising the
 4958         criteria for membership of the statewide advisory
 4959         board of the Florida Small Business Development Center
 4960         Network; amending s. 288.0065, F.S.; revising what
 4961         information must be included in the department’s
 4962         annual incentives report; amending s. 288.1167, F.S.;
 4963         revising the sports franchise contract provisions for
 4964         food and beverage concession and contract awards;
 4965         amending s. 288.1229, F.S.; revising the
 4966         representational criteria for the board of directors
 4967         of the Florida Sports Foundation; amending s.
 4968         288.7015, F.S.; revising the duties of the state’s
 4969         rules ombudsman; amending s. 288.702, F.S.; renaming
 4970         the Florida Small and Minority Business Assistance Act
 4971         as the Florida Small Business Act; conforming a cross
 4972         reference; amending s. 288.703, F.S.; defining,
 4973         deleting, and revising terms; amending s. 288.705,
 4974         F.S.; requiring that the Small Business Development
 4975         Center, in coordination with Minority Business
 4976         Development Centers, compile and distribute certain
 4977         information to small businesses and businesses located
 4978         in rural or urban areas, rather than to minority
 4979         businesses; revising the information to be provided by
 4980         the Small Business Development Center in its annual
 4981         report to the Department of Commerce; amending s.
 4982         288.776, F.S.; deleting a membership requirement of
 4983         the board of directors of the Florida Export Finance
 4984         Corporation; creating s. 288.9628, F.S.; providing
 4985         legislative findings; establishing the Research,
 4986         Innovation, Science, and Engineering (RISE) Investment
 4987         Tax Credit Program within the Department of Commerce;
 4988         providing the purpose for the program; requiring the
 4989         department to coordinate with the Florida Opportunity
 4990         Fund and the State Board of Administration for a
 4991         specified purpose; defining terms; requiring an
 4992         applicant to apply to the department for authorization
 4993         to claim tax credits; requiring the department to
 4994         review and act upon such application within a
 4995         specified timeframe; requiring the applicant to
 4996         provide certain information required by the
 4997         department; specifying the information that must be
 4998         included in the application; requiring an applicant to
 4999         update its application if there has been a material
 5000         change; prohibiting tax credits from exceeding a
 5001         specified amount in a fiscal year; prohibiting the
 5002         department from issuing a tax credit to a qualifying
 5003         private fund until the private fund demonstrates it
 5004         has received its total capital commitment; prohibiting
 5005         the department from authorizing more than a specified
 5006         amount of tax credits to a qualifying private fund in
 5007         a fiscal year; requiring a qualifying private fund to
 5008         provide documentation to show that the qualifying
 5009         investment meets the department’s requirements to
 5010         issue a tax credit; providing that follow-on or add-on
 5011         capital commitments may only be considered after the
 5012         follow-on or add-on investment has been deployed;
 5013         requiring a qualifying private fund to make a
 5014         specified number of qualified investments in a
 5015         specified number of qualifying portfolio projects to
 5016         be eligible for a tax credit; specifying the
 5017         information that must be included in the submission by
 5018         a qualifying private fund; authorizing a qualifying
 5019         private fund to receive tax credits equivalent to a
 5020         certain percentage of a qualifying investment in a
 5021         qualifying portfolio company; requiring the department
 5022         to authorize the Department of Revenue to issue tax
 5023         credits to a qualifying private fund if certain
 5024         requirements are met; prohibiting the Department of
 5025         Revenue from issuing more than a specified fraction of
 5026         the tax credits authorized for a qualifying investment
 5027         in a qualifying portfolio company in a fiscal year;
 5028         authorizing credits received to be applied against the
 5029         qualifying private fund’s corporate income tax
 5030         liability; authorizing a qualifying private fund to
 5031         transfer or sell any portion of its tax credit;
 5032         requiring such transfer or sale to take place within a
 5033         specified timeframe, after which the credit expires;
 5034         prohibiting such transfer or sale if the department
 5035         authorizes the credit but the Department of Revenue
 5036         has not yet issued such credit; authorizing the
 5037         department to revoke or modify its previous decisions
 5038         if it is discovered that the qualifying private fund
 5039         submitted any false statement, representation, or
 5040         certification in its application or if information in
 5041         a previous application materially changes; requiring
 5042         the department to notify the Department of Revenue of
 5043         any such revocation or modification affecting
 5044         previously granted tax credits; requiring the
 5045         qualifying private fund to notify the Department of
 5046         Revenue of any change in its tax credit claimed;
 5047         requiring that a qualifying private fund annually
 5048         report to the department for each investment within a
 5049         specified timeframe in order to remain eligible to
 5050         receive tax credits; providing that failure to do so
 5051         will result in the qualifying private fund’s tax
 5052         credit being revoked; requiring a qualifying private
 5053         fund to submit specified information to the department
 5054         in order to receive a tax credit; requiring the
 5055         department to revoke its approval of tax credits for
 5056         the qualifying investment if it fails to meet certain
 5057         requirements; requiring the department to issue a
 5058         notice of revocation and recapture to the qualifying
 5059         private fund and the Department of Revenue; requiring
 5060         such qualifying private fund to repay to the
 5061         department an amount equal to a certain percent of the
 5062         tax credits authorized by the department and claimed
 5063         by a qualifying portfolio company for the qualifying
 5064         investment; requiring that such funds be deposited
 5065         into the General Revenue Fund; providing construction;
 5066         requiring the department to include specified
 5067         information in its annual incentives report beginning
 5068         on a specified date and annually thereafter; requiring
 5069         that a certain percentage of tax credits be made
 5070         available during a specified period of time for a
 5071         specified purpose; requiring that all remaining tax
 5072         credits be made available during a specified period of
 5073         time on a first-come, first-served basis, subject to
 5074         eligibility of the qualifying investment; authorizing
 5075         the department to adopt rules; amending s. 290.0056,
 5076         F.S.; conforming provisions to changes made by the
 5077         act; amending s. 290.0057, F.S.; revising enterprise
 5078         zone development plan requirements to include business
 5079         investment corporations in rural or urban areas;
 5080         amending s. 331.302, F.S.; providing that Space
 5081         Florida is not an agency for purposes of its ability
 5082         to bid and contract for certain professional and
 5083         construction services under certain circumstances, and
 5084         is therefore exempt from certain requirements;
 5085         providing that monies received by the person under
 5086         contract with Space Florida to provide certain goods
 5087         and services are not state or local government funds;
 5088         amending s. 331.351, F.S.; revising legislative intent
 5089         that rural or urban business enterprises, rather than
 5090         women, minorities, and socially and economically
 5091         disadvantaged business enterprises, be encouraged to
 5092         participate fully in specified development; amending
 5093         s. 445.08, F.S.; revising the minimum eligibility
 5094         requirements for the Florida Law Enforcement
 5095         Recruitment Bonus Payment Program for newly employed
 5096         law enforcement officers; deleting an expiration date;
 5097         amending s. 447.203, F.S.; revising the definition of
 5098         the term “managerial employees”; authorizing local
 5099         governments to enter into agreements to create
 5100         regional planning entities; amending ss. 17.11,
 5101         68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177,
 5102         163.3178, 163.3184, 163.3245, 163.568, 164.1031,
 5103         186.003, 186.006, 186.007, 186.008, 186.803, 187.201,
 5104         212.096, 218.32, 255.101, 255.102, 258.501, 260.0142,
 5105         287.042, 287.055, 287.057, 287.0943, 287.09431,
 5106         288.0001, 288.7031, 288.975, 290.004, 320.08058,
 5107         335.188, 339.155, 339.175, 339.285, 339.63, 339.64,
 5108         341.041, 343.54, 366.93, 369.303, 369.307, 373.309,
 5109         373.415, 376.3072, 377.703, 378.411, 380.031, 380.045,
 5110         380.05, 380.055, 380.06, 380.061, 380.07, 380.23,
 5111         380.507, 381.986, 403.031, 403.0752, 403.503,
 5112         403.50663, 403.507, 403.509, 403.5115, 403.5175,
 5113         403.518, 403.522, 403.5251, 403.526, 403.5271,
 5114         403.5272, 403.5363, 403.5365, 403.537, 403.704,
 5115         403.7225, 403.7226, 403.723, 403.9403, 403.941,
 5116         403.9422, 403.973, 408.033, 420.609, 473.3065,
 5117         501.171, 625.3255, 657.042, 658.67, and 1013.30, F.S.;
 5118         conforming provisions to changes made by the act;
 5119         revising and conforming cross-references; making
 5120         technical changes; reenacting s. 288.0001(2)(b), F.S.,
 5121         relating to the Economic Development Programs
 5122         Evaluation, to incorporate the amendments made to s.
 5123         288.1167, F.S., in a reference thereto; reenacting s.
 5124         110.205(2)(w), F.S., relating to career service
 5125         exemptions, to incorporate the amendment made to s.
 5126         447.203, F.S., in references thereto; reenacting ss.
 5127         163.3162(2)(d) and 373.129(8), F.S., relating to
 5128         agricultural lands and practices and maintenance of
 5129         actions, respectively, to incorporate the amendment
 5130         made to s. 164.1031, F.S., in references thereto;
 5131         reenacting s. 339.2819(1) and (3), F.S., relating to
 5132         the Transportation Regional Incentive Program, to
 5133         incorporate the amendment made to s. 339.155, F.S., in
 5134         references thereto; reenacting s. 380.0552(5) and (6),
 5135         F.S., relating to the Florida Keys Area, to
 5136         incorporate the amendments made to ss. 380.045 and
 5137         380.05, F.S., in references thereto; reenacting s.
 5138         403.5064(1)(a), F.S., relating to application
 5139         schedules, to incorporate the amendment made to s.
 5140         403.507, F.S., in a reference thereto; reenacting ss.
 5141         403.5251(1)(a) and 403.5271(1)(d) and (f), F.S.,
 5142         relating to application schedules and alternate
 5143         corridors, respectively, to incorporate the amendment
 5144         made to s. 403.526, F.S., in references thereto;
 5145         reenacting s. 403.9421(5)(c), F.S., relating to fees
 5146         and disposition, to incorporate the amendment made to
 5147         s. 403.941, F.S., in a reference thereto; providing an
 5148         effective date.