Florida Senate - 2025 SB 1264
By Senator Collins
14-00731-25 20251264__
1 A bill to be entitled
2 An act relating to rural and urban business
3 enterprises; repealing ss. 24.113, 186.501, 186.502,
4 186.503, 186.504, 186.505, 186.506, 186.507, 186.508,
5 186.509, 186.511, 186.512, 186.513, 186.515, 288.706,
6 288.7094, 288.7102, 288.71025, 288.7103, and 288.714,
7 F.S., relating to minority participation; a short
8 title; legislative findings and public purpose;
9 definitions relating to the Florida Regional Planning
10 Council Act; regional planning councils, creation, and
11 membership; regional planning councils, powers and
12 duties; the Executive Office of the Governor, powers
13 and duties; strategic regional policy plans; strategic
14 regional policy plan adoption, consistency with state
15 comprehensive plan; dispute resolution process;
16 evaluation of strategic regional policy plan, changes
17 in plan; designation of regional planning councils;
18 reports; creation of regional planning councils under
19 ch. 163, F.S.; the Florida Minority Business Loan
20 Mobilization Program; black business investment
21 corporations; the Black Business Loan Program;
22 prohibited acts and penalties; eligibility for a loan,
23 loan guarantee, or investment; and quarterly and
24 annual reports, respectively; amending s. 20.60, F.S.;
25 revising the purpose of the Department of Commerce;
26 revising the responsibilities of the Division of
27 Economic Development within the department; assigning
28 responsibility to the division for the Office of
29 Secure Florida within the department; specifying the
30 responsibilities of the office; amending s. 212.08,
31 F.S.; deleting a prohibition that the Department of
32 Revenue may not issue temporary tax exemption
33 certificates after a specified date; amending s.
34 215.559, F.S.; requiring the Division of Emergency
35 Management to give funding priority to projects for
36 the Hurricane Loss Mitigation Program in regional
37 planning council regions as such regions existed on a
38 specified date; amending s. 252.385, F.S.; requiring
39 that the statewide emergency shelter plan identify the
40 general location and square footage of special needs
41 shelters by regional planning council regions, as such
42 regions existed on a specified date, during the next 5
43 years; requiring that state funds be maximized and
44 targeted to regional planning council regions as such
45 regions existed on a specified date; amending s.
46 253.025, F.S.; providing an exemption for Federal
47 Government agencies regarding land being reverted to
48 the Board of Trustees of the Internal Improvement
49 Trust Fund if land conveyances are at less than the
50 appraised value; amending s. 287.012, F.S.; revising
51 the definition of the term “minority business
52 enterprise”; defining the term “related immediate
53 family group”; amending s. 287.042, F.S.; conforming
54 provisions to changes made by the act; amending s.
55 287.0931, F.S.; revising the definition of the term
56 “minority person”; conforming provisions to changes
57 made by the act; amending s. 287.09451, F.S.; revising
58 legislative findings; renaming the Office of Supplier
59 Diversity as the Office of Supplier Development;
60 specifying that the purpose and duties of the office
61 are to assist rural or urban business enterprises,
62 rather than minority business enterprises; conforming
63 a provision to changes made by the act; making
64 technical changes; amending s. 287.0947, F.S.;
65 renaming the Florida Advisory Council on Small and
66 Minority Business Development as the Florida Advisory
67 Council on Small, Rural, and Urban Business
68 Development; revising the composition of the council’s
69 membership; revising the council’s powers and duties;
70 conforming a cross-reference; amending s. 288.001,
71 F.S.; revising the criteria for membership of the
72 statewide advisory board of the Florida Small Business
73 Development Center Network; amending s. 288.0065,
74 F.S.; revising what information must be included in
75 the department’s annual incentives report; amending s.
76 288.0656, F.S.; revising the definition of the term
77 “rural community”; deleting the Florida Regional
78 Planning Council Association as an agency that may sit
79 on the Rural Economic Development Initiative; creating
80 s. 288.06562, F.S.; creating the Rural Accelerator
81 Program within the Department of Commerce; providing a
82 purpose for the program; requiring the department to
83 accept grant applications from certain communities;
84 requiring the department to collaborate with the
85 Florida Regional Economic Development Association to
86 review grant applications; requiring that funds be
87 distributed by the department for specified purposes;
88 authorizing the department to reimburse recipients for
89 specified costs through direct payment methods;
90 authorizing the department to adopt rules; amending s.
91 288.1167, F.S.; revising the sports franchise contract
92 provisions for food and beverage concession and
93 contract awards; amending s. 288.12266, F.S.; revising
94 the purpose of the Targeted Marketing Assistance
95 Program to include businesses in rural or urban areas;
96 amending s. 288.1229, F.S.; revising the
97 representational criteria for the board of directors
98 of the Florida Sports Foundation; amending s. 288.124,
99 F.S.; deleting a requirement that the Florida Tourism
100 Industry Marketing Corporation give preference to
101 specified governments and groups seeking to attract
102 minority conventions in this state; amending s.
103 288.7015, F.S.; revising the duties of the state’s
104 rules ombudsman; amending s. 288.702, F.S.; renaming
105 the Florida Small and Minority Business Assistance Act
106 as the Florida Small Business Act; conforming a cross
107 reference; amending s. 288.703, F.S.; defining,
108 deleting, and revising terms; amending s. 288.705,
109 F.S.; requiring that the Small Business Development
110 Center, in coordination with Minority Business
111 Development Centers, compile and distribute certain
112 information to small businesses and businesses located
113 in rural or urban areas, rather than to minority
114 businesses; revising the information to be provided by
115 the Small Business Development Center in its annual
116 report to the Department of Commerce; amending s.
117 288.776, F.S.; deleting a membership requirement of
118 the board of directors of the Florida Export Finance
119 Corporation; creating s. 288.9628, F.S.; providing
120 legislative findings; establishing the Research,
121 Innovation, Science, and Engineering (RISE) Investment
122 Tax Credit Program within the Department of Commerce;
123 providing the purpose for the program; requiring the
124 department to coordinate with the Florida Opportunity
125 Fund and the State Board of Administration for a
126 specified purpose; defining terms; requiring an
127 applicant to apply to the department for authorization
128 to claim tax credits; requiring the department to
129 review and act upon such application within a
130 specified timeframe; requiring the applicant to
131 provide certain information required by the
132 department; specifying the information that must be
133 included in the application; requiring an applicant to
134 update its application if there has been a material
135 change; prohibiting tax credits from exceeding a
136 specified amount in a fiscal year; prohibiting the
137 department from issuing a tax credit to a qualifying
138 private fund until the private fund demonstrates it
139 has received its total capital commitment; prohibiting
140 the department from authorizing more than a specified
141 amount of tax credits to a qualifying private fund in
142 a fiscal year; requiring a qualifying private fund to
143 provide documentation to show that the qualifying
144 investment meets the department’s requirements to
145 issue a tax credit; providing that follow-on or add-on
146 capital commitments may only be considered after the
147 follow-on or add-on investment has been deployed;
148 requiring a qualifying private fund to make a
149 specified number of qualified investments in a
150 specified number of qualifying portfolio projects to
151 be eligible for a tax credit; specifying the
152 information that must be included in the submission by
153 a qualifying private fund; authorizing a qualifying
154 private fund to receive tax credits equivalent to a
155 certain percentage of a qualifying investment in a
156 qualifying portfolio company; requiring the department
157 to authorize the Department of Revenue to issue tax
158 credits to a qualifying private fund if certain
159 requirements are met; prohibiting the Department of
160 Revenue from issuing more than a specified fraction of
161 the tax credits authorized for a qualifying investment
162 in a qualifying portfolio company in a fiscal year;
163 authorizing credits received to be applied against the
164 qualifying private fund’s corporate income tax
165 liability; authorizing a qualifying private fund to
166 transfer or sell any portion of its tax credit;
167 requiring such transfer or sale to take place within a
168 specified timeframe, after which the credit expires;
169 prohibiting such transfer or sale if the department
170 authorizes the credit but the Department of Revenue
171 has not yet issued such credit; authorizing the
172 department to revoke or modify its previous decisions
173 if it is discovered that the qualifying private fund
174 submitted any false statement, representation, or
175 certification in its application or if information in
176 a previous application materially changes; requiring
177 the department to notify the Department of Revenue of
178 any such revocation or modification affecting
179 previously granted tax credits; requiring the notify
180 the department of any change in its tax credit
181 claimed; requiring that a qualifying private fund must
182 annually report to the department for each investment
183 within a specified timeframe in order to remain
184 eligible to receive tax credits; providing that
185 failure to do so will result in the qualifying private
186 fund’s tax credit being revoked; requiring a
187 qualifying private fund to submit specified
188 information to the department in order to receive a
189 tax credit; providing construction; requiring the
190 department to include specified information in its
191 annual incentives report beginning on a specified date
192 and annually thereafter; authorizing the department to
193 adopt rules; amending s. 290.0056, F.S.; conforming
194 provisions to changes made by the act; amending s.
195 290.0057, F.S.; revising enterprise zone development
196 plan requirements to include business investment
197 corporations in rural or urban areas; amending s.
198 331.302, F.S.; providing that Space Florida is not an
199 agency for purposes of its ability to bid and contract
200 for certain professional and construction services
201 under certain circumstances, and is therefore exempt
202 from certain requirements; providing that monies
203 received by the person under contract with Space
204 Florida to provide certain goods and services are not
205 state or local government funds; amending s. 331.351,
206 F.S.; revising legislative intent that rural or urban
207 business enterprises, rather than women, minorities,
208 and socially and economically disadvantaged business
209 enterprises, be encouraged to participate fully in
210 specified development; amending s. 445.004, F.S.;
211 deleting minority and gender representation as
212 criteria for the Governor to consider when choosing
213 the members of the state board of CareerSource
214 Florida, Inc.; amending s. 445.007, F.S.; deleting
215 minority and gender representation as a consideration
216 when making appointments to the local workforce
217 development boards or to any committees established by
218 the local workforce development board; amending s.
219 445.08, F.S.; revising the minimum eligibility
220 requirements for the Florida Law Enforcement
221 Recruitment Bonus Payment Program for newly employed
222 law enforcement officers; deleting an expiration date;
223 amending s. 447.203, F.S.; revising the definition of
224 the term “managerial employees”; authorizing local
225 governments to enter into agreements to create
226 regional planning entities; amending ss. 17.11,
227 68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177,
228 163.3178, 163.3184, 163.3245, 163.568, 164.1031,
229 186.003, 186.006, 186.007, 186.008, 186.803, 187.201,
230 218.32, 255.101, 255.102, 258.501, 260.0142, 287.042,
231 287.055, 287.057, 287.0943, 288.7031, 288.975,
232 290.004, 320.08058, 320.63, 335.188, 339.155, 339.175,
233 339.285, 339.63, 339.64, 341.041, 343.54, 366.93,
234 369.303, 369.307, 373.309, 373.415, 377.703, 378.411,
235 380.031, 380.045, 380.05, 380.055, 380.06, 380.061,
236 380.07, 380.23, 380.507, 381.986, 403.031, 403.0752,
237 403.503, 403.50663, 403.507, 403.509, 403.5115,
238 403.5175, 403.518, 403.522, 403.5251, 403.526,
239 403.5271, 403.5272, 403.5363, 403.5365, 403.537,
240 403.704, 403.7225, 403.7226, 403.723, 403.9403,
241 403.941, 403.9422, 403.973, 408.033, 409.901, 420.609,
242 440.45, 473.3065, 501.171, 625.3255, 627.3511,
243 641.217, 657.042, 658.67, 947.02, 947.021, 1004.435,
244 and 1013.30, F.S.; conforming provisions to changes
245 made by the act; revising and conforming cross
246 references; making technical changes; reenacting ss.
247 215.971(1)(h), 257.193(2), 288.0655(2)(b), and
248 627.6699(14)(d), relating to agreements funded with
249 federal or state assistance, the Community Libraries
250 in Caring Program, the Rural Infrastructure Fund, and
251 the Employee Health Care Access Act, respectively, to
252 incorporate the amendment made to s. 288.0656, F.S.,
253 in references thereto; reenacting s. 288.0001(2)(b),
254 F.S., relating to the Economic Development Programs
255 Evaluation, to incorporate the amendments made to ss.
256 288.1167 and 288.124, F.S., in references thereto;
257 reenacting s. 110.205(2)(w), F.S., relating to career
258 service exemptions, to incorporate the amendment made
259 to s. 447.203, F.S., in references thereto; reenacting
260 ss. 163.3162(2)(d) and 373.129(8), F.S., relating to
261 agricultural lands and practices and maintenance of
262 actions, respectively, to incorporate the amendment
263 made to s. 164.1031, F.S., in references thereto;
264 reenacting s. 339.2819(1) and (3), F.S., relating to
265 the Transportation Regional Incentive Program, to
266 incorporate the amendment made to s. 339.155, F.S., in
267 references thereto; reenacting s. 380.0552(5) and (6),
268 F.S., relating to the Florida Keys Area, to
269 incorporate the amendments made to ss. 380.045 and
270 380.05, F.S., in references thereto; reenacting s.
271 403.5064(1)(a), F.S., relating to application
272 schedules, to incorporate the amendment made to s.
273 403.507, F.S., in a reference thereto; reenacting ss.
274 403.5251(1)(a) and 403.5271(1)(d) and (f), F.S.,
275 relating to application schedules and alternate
276 corridors, respectively, to incorporate the amendment
277 made to s. 403.526, F.S., in references thereto;
278 reenacting s. 403.9421(5)(c), F.S., relating to fees
279 and disposition, to incorporate the amendment made to
280 s. 403.941, F.S., in a reference thereto; providing an
281 effective date.
282
283 Be It Enacted by the Legislature of the State of Florida:
284
285 Section 1. Section 24.113, Florida Statutes, is repealed.
286 Section 2. Section 186.501, Florida Statutes, is repealed.
287 Section 3. Section 186.502, Florida Statutes, is repealed.
288 Section 4. Section 186.503, Florida Statutes, is repealed.
289 Section 5. Section 186.504, Florida Statutes, is repealed.
290 Section 6. Section 186.505, Florida Statutes, is repealed.
291 Section 7. Section 186.506, Florida Statutes, is repealed.
292 Section 8. Section 186.507, Florida Statutes, is repealed.
293 Section 9. Section 186.508, Florida Statutes, is repealed.
294 Section 10. Section 186.509, Florida Statutes, is repealed.
295 Section 11. Section 186.511, Florida Statutes, is repealed.
296 Section 12. Section 186.512, Florida Statutes, is repealed.
297 Section 13. Section 186.513, Florida Statutes, is repealed.
298 Section 14. Section 186.515, Florida Statutes, is repealed.
299 Section 15. Section 288.706, Florida Statutes, is repealed.
300 Section 16. Section 288.7094, Florida Statutes, is
301 repealed.
302 Section 17. Section 288.7102, Florida Statutes, is
303 repealed.
304 Section 18. Section 288.71025, Florida Statutes, is
305 repealed.
306 Section 19. Section 288.7103, Florida Statutes, is
307 repealed.
308 Section 20. Section 288.714, Florida Statutes, is repealed.
309 Section 21. Paragraphs (e) and (k) of subsection (4) and
310 paragraph (a) of subsection (5) of section 20.60, Florida
311 Statutes, are amended to read:
312 20.60 Department of Commerce; creation; powers and duties.—
313 (4) The purpose of the department is to assist the Governor
314 in working with the Legislature, state agencies, business
315 leaders, and economic development professionals to formulate and
316 implement coherent and consistent policies and strategies
317 designed to promote economic opportunities for all Floridians.
318 The department is the state’s chief agency for business
319 recruitment and expansion and economic development. To
320 accomplish such purposes, the department shall:
321 (e) Manage the activities of public-private partnerships
322 and state agencies in order to avoid duplication and promote
323 coordinated and consistent implementation of programs in areas
324 including, but not limited to, tourism; international trade and
325 investment; business recruitment, creation, retention, and
326 expansion; minority and small business development; business
327 development in rural or urban areas; defense, space, and
328 aerospace development; rural community development; and the
329 development and promotion of professional and amateur sporting
330 events.
331 (k) Assist, promote, and enhance economic opportunities for
332 this state’s minority-owned businesses and rural or and urban
333 communities.
334 (5) The divisions within the department have specific
335 responsibilities to achieve the duties, responsibilities, and
336 goals of the department. Specifically:
337 (a) The Division of Economic Development shall:
338 1. Analyze and evaluate business prospects identified by
339 the Governor and the secretary.
340 2. Administer certain tax refund, tax credit, and grant
341 programs created in law. Notwithstanding any other provision of
342 law, the department may expend interest earned from the
343 investment of program funds deposited in the Grants and
344 Donations Trust Fund to contract for the administration of those
345 programs, or portions of the programs, assigned to the
346 department by law, by the appropriations process, or by the
347 Governor. Such expenditures are shall be subject to review under
348 chapter 216.
349 3. Develop measurement protocols for the state incentive
350 programs and for the contracted entities which will be used to
351 determine their performance and competitive value to the state.
352 Performance measures, benchmarks, and sanctions must be
353 developed in consultation with the legislative appropriations
354 committees and the appropriate substantive committees, and are
355 subject to the review and approval process provided in s.
356 216.177. The approved performance measures, standards, and
357 sanctions must shall be included and made a part of the
358 strategic plan for contracts entered into for delivery of
359 programs authorized by this section.
360 4. Develop a 5-year statewide strategic plan. The strategic
361 plan must include, but need not be limited to:
362 a. Strategies for the promotion of business formation,
363 expansion, recruitment, and retention through aggressive
364 marketing, attraction of venture capital and finance
365 development, domestic trade, international development, and
366 export assistance, which lead to more and better jobs and higher
367 wages for all geographic regions, disadvantaged communities, and
368 populations of the state, including rural areas, minority
369 businesses, and urban core areas.
370 b. The development of realistic policies and programs to
371 further the economic diversity of the state, its regions, and
372 their associated industrial clusters.
373 c. Specific provisions for the stimulation of economic
374 development and job creation in rural areas and midsize cities
375 and counties of the state, including strategies for rural
376 marketing and the development of infrastructure in rural areas.
377 d. Provisions for the promotion of the successful long-term
378 economic development of the state with increased emphasis in
379 market research and information.
380 e. Plans for the generation of foreign investment in the
381 state which create jobs paying above-average wages and which
382 result in reverse investment in the state, including programs
383 that establish viable overseas markets, assist in meeting the
384 financing requirements of export-ready firms, broaden
385 opportunities for international joint venture relationships, use
386 the resources of academic and other institutions, coordinate
387 trade assistance and facilitation services, and facilitate
388 availability of and access to education and training programs
389 that assure requisite skills and competencies necessary to
390 compete successfully in the global marketplace.
391 f. The identification of business sectors that are of
392 current or future importance to the state’s economy and to the
393 state’s global business image, and development of specific
394 strategies to promote the development of such sectors.
395 g. Strategies for talent development necessary in the state
396 to encourage economic development growth, taking into account
397 factors such as the state’s talent supply chain, education and
398 training opportunities, and available workforce.
399 h. Strategies and plans to support this state’s defense,
400 space, and aerospace industries and the emerging complementary
401 business activities and industries that support the development
402 and growth of defense, space, and aerospace in this state.
403 5. Update the strategic plan every 5 years.
404 6. Involve CareerSource Florida, Inc.; direct-support
405 organizations of the department; local governments; the general
406 public; local and regional economic development organizations;
407 other local, state, and federal economic, international, and
408 workforce development entities; the business community; and
409 educational institutions to assist with the strategic plan.
410 7. Coordinate with the Florida Tourism Industry Marketing
411 Corporation in the development of the 4-year marketing plan
412 pursuant to s. 288.1226(13).
413 8. Administer and manage relationships, as appropriate,
414 with the entities and programs created pursuant to the Florida
415 Capital Formation Act, ss. 288.9621-288.96255.
416 9. Establish the Office of Secure Florida. The office is
417 responsible for administering and enforcing:
418 a. E-Verify and employment authorization compliance, as set
419 forth in ss. 448.09 and 448.095.
420 b. The prohibition against the purchase and registration of
421 real property in this state by foreign principals, as set forth
422 in ss. 692.203 and 692.204.
423 Section 22. Paragraph (r) of subsection (5) of section
424 212.08, Florida Statutes, is amended to read:
425 212.08 Sales, rental, use, consumption, distribution, and
426 storage tax; specified exemptions.—The sale at retail, the
427 rental, the use, the consumption, the distribution, and the
428 storage to be used or consumed in this state of the following
429 are hereby specifically exempt from the tax imposed by this
430 chapter.
431 (5) EXEMPTIONS; ACCOUNT OF USE.—
432 (r) Data center property.—
433 1. As used in this paragraph, the term:
434 a. “Critical IT load” means that portion of electric power
435 capacity, expressed in terms of megawatts, which is reserved
436 solely for owners or tenants of a data center to operate their
437 computer server equipment. The term does not include any
438 ancillary load for cooling, lighting, common areas, or other
439 equipment.
440 b. “Cumulative capital investment” means the combined total
441 of all expenses incurred by the owners or tenants of a data
442 center after July 1, 2017, in connection with acquiring,
443 constructing, installing, equipping, or expanding the data
444 center. However, the term does not include any expenses incurred
445 in the acquisition of improved real property operating as a data
446 center at the time of acquisition or within 6 months before the
447 acquisition.
448 c. “Data center” means a facility that:
449 (I) Consists of one or more contiguous parcels in this
450 state, along with the buildings, substations and other
451 infrastructure, fixtures, and personal property located on the
452 parcels;
453 (II) Is used exclusively to house and operate equipment
454 that receives, stores, aggregates, manages, processes,
455 transforms, retrieves, researches, or transmits data; or that is
456 necessary for the proper operation of equipment that receives,
457 stores, aggregates, manages, processes, transforms, retrieves,
458 researches, or transmits data;
459 (III) Has a critical IT load of 15 megawatts or higher, and
460 a critical IT load of 1 megawatt or higher dedicated to each
461 individual owner or tenant within the data center; and
462 (IV) Is constructed on or after July 1, 2017.
463 d. “Data center property” means property used exclusively
464 at a data center to construct, outfit, operate, support, power,
465 cool, dehumidify, secure, or protect a data center and any
466 contiguous dedicated substations. The term includes, but is not
467 limited to, construction materials, component parts, machinery,
468 equipment, computers, servers, installations, redundancies, and
469 operating or enabling software, including any replacements,
470 updates and new versions, and upgrades to or for such property,
471 regardless of whether the property is a fixture or is otherwise
472 affixed to or incorporated into real property. The term also
473 includes electricity used exclusively at a data center.
474 2. Data center property is exempt from the tax imposed by
475 this chapter, except for the tax imposed by s. 212.031. To be
476 eligible for the exemption provided by this paragraph, the data
477 center’s owners and tenants must make a cumulative capital
478 investment of $150 million or more for the data center and the
479 data center must have a critical IT load of 15 megawatts or
480 higher and a critical IT load of 1 megawatt or higher dedicated
481 to each individual owner or tenant within the data center. Each
482 of these requirements must be satisfied no later than 5 years
483 after the commencement of construction of the data center.
484 3.a. To receive the exemption provided by this paragraph,
485 the person seeking the exemption must apply to the department
486 for a temporary tax exemption certificate. The application must
487 state that a qualifying data center designation is being sought
488 and provide information that the requirements of subparagraph 2.
489 will be met. Upon a tentative determination by the department
490 that the data center will meet the requirements of subparagraph
491 2., the department must issue the certificate.
492 b.(I) The certificateholder shall maintain all necessary
493 books and records to support the exemption provided by this
494 paragraph. Upon satisfaction of all requirements of subparagraph
495 2., the certificateholder must deliver the temporary tax
496 certificate to the department together with documentation
497 sufficient to show the satisfaction of the requirements. Such
498 documentation must include written declarations, pursuant to s.
499 92.525, from:
500 (A) A professional engineer, licensed pursuant to chapter
501 471, certifying that the critical IT load requirement set forth
502 in subparagraph 2. has been satisfied at the data center; and
503 (B) A Florida certified public accountant, as defined in s.
504 473.302, certifying that the cumulative capital investment
505 requirement set forth in subparagraph 2. has been satisfied for
506 the data center.
507
508 The professional engineer and the Florida certified public
509 accountant may not be professionally related with the data
510 center’s owners, tenants, or contractors, except that they may
511 be retained by a data center owner to certify that the
512 requirements of subparagraph 2. have been met.
513 (II) If the department determines that the subparagraph 2.
514 requirements have been satisfied, the department must issue a
515 permanent tax exemption certificate.
516 (III) Notwithstanding s. 212.084(4), the permanent tax
517 exemption certificate remains valid and effective for as long as
518 the data center described in the exemption application continues
519 to operate as a data center as defined in subparagraph 1., with
520 review by the department every 5 years to ensure compliance. As
521 part of the review, the certificateholder shall, within 3 months
522 before the end of any 5-year period, submit a written
523 declaration, pursuant to s. 92.525, certifying that the critical
524 IT load of 15 megawatts or higher and the critical IT load of 1
525 megawatt or higher dedicated to each individual owner or tenant
526 within the data center required by subparagraph 2. continues to
527 be met. All owners, tenants, contractors, and others purchasing
528 exempt data center property shall maintain all necessary books
529 and records to support the exemption as to those purchases.
530 (IV) Notwithstanding s. 213.053, the department may share
531 information concerning a temporary or permanent data center
532 exemption certificate among all owners, tenants, contractors,
533 and others purchasing exempt data center property pursuant to
534 such certificate.
535 c. If, in an audit conducted by the department, it is
536 determined that the certificateholder or any owners, tenants,
537 contractors, or others purchasing, renting, or leasing data
538 center property do not meet the criteria of this paragraph, the
539 amount of taxes exempted at the time of purchase, rental, or
540 lease is immediately due and payable to the department from the
541 purchaser, renter, or lessee of those particular items, together
542 with the appropriate interest and penalty computed from the date
543 of purchase in the manner prescribed by this chapter.
544 Notwithstanding s. 95.091(3)(a), any tax due as provided in this
545 sub-subparagraph may be assessed by the department within 6
546 years after the date the data center property was purchased.
547 d. Purchasers, lessees, and renters of data center property
548 who qualify for the exemption provided by this paragraph shall
549 obtain from the data center a copy of the tax exemption
550 certificate issued pursuant to sub-subparagraph a. or sub
551 subparagraph b. Before or at the time of purchase of the item or
552 items eligible for exemption, the purchaser, lessee, or renter
553 shall provide to the seller a copy of the tax exemption
554 certificate and a signed certificate of entitlement. Purchasers,
555 lessees, and renters with self-accrual authority shall maintain
556 all documentation necessary to prove the exempt status of
557 purchases.
558 e. For any purchase, lease, or rental of property that is
559 exempt pursuant to this paragraph, the possession of a copy of a
560 tax exemption certificate issued pursuant to sub-subparagraph a.
561 or sub-subparagraph b. and a signed certificate of entitlement
562 relieves the seller of the responsibility of collecting the tax
563 on the sale, lease, or rental of such property, and the
564 department must look solely to the purchaser, renter, or lessee
565 for recovery of the tax if it determines that the purchase,
566 rental, or lease was not entitled to the exemption.
567 4. After June 30, 2027, the department may not issue a
568 temporary tax exemption certificate pursuant to this paragraph.
569 Section 23. Paragraph (b) of subsection (1) of section
570 215.559, Florida Statutes, is amended to read:
571 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
572 Mitigation Program is established in the Division of Emergency
573 Management.
574 (1) The Legislature shall annually appropriate $10 million
575 of the moneys authorized for appropriation under s.
576 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
577 division for the purposes set forth in this section. Of the
578 amount:
579 (b) Three million dollars in funds shall be used to
580 construct or retrofit facilities used as public hurricane
581 shelters. Each year the division shall prioritize the use of
582 these funds for projects included in the annual report of the
583 Shelter Development Report prepared in accordance with s.
584 252.385(3). The division must give funding priority to projects
585 in regional planning council regions, as such regions existed on
586 January 1, 2025, that have shelter deficits and to projects that
587 maximize the use of state funds.
588 Section 24. Paragraph (b) of subsection (2) and subsection
589 (3) of section 252.385, Florida Statutes, are amended to read:
590 252.385 Public shelter space; public records exemption.—
591 (2)
592 (b) By January 31 of each even-numbered year, the division
593 shall prepare and submit a statewide emergency shelter plan to
594 the Governor and Cabinet for approval, subject to the
595 requirements for approval in s. 1013.37(2). The emergency
596 shelter plan must project, for each of the next 5 years, the
597 hurricane shelter needs of the state, including periods of time
598 during which a concurrent public health emergency may
599 necessitate more space for each individual to accommodate
600 physical distancing. In addition to information on the general
601 shelter needs throughout this state, the plan must identify the
602 general location and square footage of special needs shelters
603 annually through 2030, by regional planning council region. The
604 plan must also include information on the availability of
605 shelters that accept pets. The Department of Health shall assist
606 the division in determining the estimated need for special needs
607 shelter space and the adequacy of facilities to meet the needs
608 of persons with special needs based on information from the
609 registries of persons with special needs and other information.
610 (3) The division shall annually provide to the President of
611 the Senate, the Speaker of the House of Representatives, and the
612 Governor a list of facilities recommended to be retrofitted
613 using state funds. State funds must should be maximized and
614 targeted to regional planning council regions, as such regions
615 existed on January 1, 2025, with hurricane evacuation shelter
616 deficits. The owner or lessee of a public hurricane evacuation
617 shelter that is included on the list of facilities recommended
618 for retrofitting is not required to perform any recommended
619 improvements.
620 Section 25. Paragraph (d) of subsection (21) of section
621 253.025, Florida Statutes, is amended to read:
622 253.025 Acquisition of state lands.—
623 (21)
624 (d) A conveyance at less than appraised value must state
625 that the land will revert to the board of trustees if the land
626 is not used for its intended purposes as a military installation
627 buffer or if the military installation closes. Federal
628 Government agencies, including the Department of Defense and its
629 subordinate Departments of the Army, Navy, and Air Force, and
630 the Department of Homeland Security’s United States Coast Guard,
631 are exempt from this paragraph if the primary purpose of
632 remaining as a military installation buffer continues, even
633 though the specific military purpose, mission, and function on
634 the conveyed land is modified or changes from that which was
635 present or proposed at the time of the conveyance.
636 Section 26. Subsection (18) of section 287.012, Florida
637 Statutes, is amended to read:
638 287.012 Definitions.—As used in this part, the term:
639 (18) “Minority business enterprise” means any small
640 business concern that is organized to engage in commercial
641 transactions, is domiciled in Florida, and is at least 51
642 percent-owned by minority persons who are members of an insular
643 group that is of a particular racial, ethnic, or gender makeup
644 or national origin and such group has been subjected
645 historically to disparate treatment resulting in an
646 underrepresentation of commercial enterprises under the group’s
647 control, and the management and daily operations of the minority
648 business enterprise are controlled by such persons. A minority
649 business enterprise may primarily involve the practice of a
650 profession. Ownership by a minority person does not include
651 ownership that is the result of a transfer from a nonminority
652 person to a minority person within a related immediate family
653 group if the combined total net asset value of all members of
654 such family group exceeds $1 million. For purposes of this
655 subsection, the term “related immediate family group” means one
656 or more children under 16 years of age and a parent of such
657 children or the spouse of such parent residing in the same house
658 or living unit has the same meaning as provided in s. 288.703.
659 Section 27. Paragraph (a) of subsection (2) and paragraph
660 (b) of subsection (3) of section 287.042, Florida Statutes, are
661 amended to read:
662 287.042 Powers, duties, and functions.—The department shall
663 have the following powers, duties, and functions:
664 (2)(a) To establish purchasing agreements and procure state
665 term contracts for commodities and contractual services,
666 pursuant to s. 287.057, under which state agencies shall, and
667 eligible users may, make purchases pursuant to s. 287.056. The
668 department may restrict purchases from some term contracts to
669 state agencies only for those term contracts where the inclusion
670 of other governmental entities will have an adverse effect on
671 competition or to those federal facilities located in this
672 state. In such planning or purchasing the Office of Supplier
673 Development Diversity may monitor to ensure that opportunities
674 are afforded for contracting with rural or urban minority
675 business enterprises. The department, for state term contracts,
676 and all agencies, for multiyear contractual services or term
677 contracts, shall explore reasonable and economical means to
678 utilize certified rural or urban minority business enterprises.
679 Purchases by any county, municipality, private nonprofit
680 community transportation coordinator designated pursuant to
681 chapter 427, while conducting business related solely to the
682 Commission for the Transportation Disadvantaged, or other local
683 public agency under the provisions in the state purchasing
684 contracts, and purchases, from the corporation operating the
685 correctional work programs, of products or services that are
686 subject to paragraph (1)(f), are exempt from the competitive
687 solicitation requirements otherwise applying to their purchases.
688 (3) To establish a system of coordinated, uniform
689 procurement policies, procedures, and practices to be used by
690 agencies in acquiring commodities and contractual services,
691 which shall include, but not be limited to:
692 (b)1. Development of procedures for advertising
693 solicitations. These procedures must provide for electronic
694 posting of solicitations for at least 10 days before the date
695 set for receipt of bids, proposals, or replies, unless the
696 department or other agency determines in writing that a shorter
697 period of time is necessary to avoid harming the interests of
698 the state. The Office of Supplier Development Diversity may
699 consult with the department regarding the development of
700 solicitation distribution procedures to ensure that maximum
701 distribution is afforded to certified minority business
702 enterprises as defined in s. 287.012 s. 288.703.
703 2. Development of procedures for electronic posting. The
704 department shall designate a centralized website on the Internet
705 for the department and other agencies to electronically post
706 solicitations, decisions or intended decisions, and other
707 matters relating to procurement.
708 Section 28. Subsection (2) of section 287.0931, Florida
709 Statutes, is amended to read:
710 287.0931 Minority business enterprises; participation in
711 bond underwriting.—
712 (2) To meet such participation requirement, the minority
713 firm must have full-time employees located in this state, must
714 have a permanent place of business located in this state, and
715 must be a firm which is at least 51-percent-owned by minority
716 persons as defined in s. 288.703. However, for the purpose of
717 bond underwriting only, the requirement that the minority person
718 be a permanent resident of this state does not apply. For
719 purposes of this section, the term “minority person” means a
720 lawful, permanent resident of Florida who is:
721 (a) An African American, a person having origins in any of
722 the black racial groups of the African Diaspora, regardless of
723 cultural origin.
724 (b) A Hispanic American, a person of Spanish or Portuguese
725 culture with origins in Spain, Portugal, Mexico, South America,
726 Central America, or the Caribbean, regardless of race.
727 (c) An Asian American, a person having origins in any of
728 the original peoples of the Far East, Southeast Asia, the Indian
729 Subcontinent, or the Pacific Islands, including the Hawaiian
730 Islands before 1778.
731 (d) A Native American, a person who has origins in any of
732 the Indian Tribes of North America before 1835, upon
733 presentation of proper documentation thereof, as established by
734 rule of the Department of Management Services.
735 (e) An American woman.
736 Section 29. Section 287.09451, Florida Statutes, is amended
737 to read:
738 287.09451 Office of Supplier Development Diversity; powers,
739 duties, and functions.—
740 (1) The Legislature finds that there is evidence of a
741 systematic pattern of past and continuing racial discrimination
742 against rural or urban minority business enterprises and a
743 disparity in the availability and use of such rural or urban
744 minority business enterprises in the state procurement system.
745 It is determined to be a compelling state interest to rectify
746 such discrimination and disparity. Based upon statistical data
747 profiling this discrimination, the Legislature has enacted race
748 conscious and gender-conscious remedial programs to ensure rural
749 or urban minority participation in the economic life of the
750 state, in state contracts for the purchase of commodities and
751 services, and in construction contracts. The purpose and intent
752 of this section is to increase participation by minority
753 business enterprises in rural or urban areas, accomplished by
754 encouraging the use of such rural or urban minority business
755 enterprises and the entry of new and diversified rural or urban
756 minority business enterprises into the marketplace.
757 (2) The Office of Supplier Development Diversity is
758 established within the Department of Management Services to
759 assist minority business enterprises in rural or urban areas in
760 becoming suppliers of commodities, services, and construction to
761 state government.
762 (3) The secretary shall appoint an executive director for
763 the Office of Supplier Development Diversity, who shall serve at
764 the pleasure of the secretary.
765 (4) The Office of Supplier Development has Diversity shall
766 have the following powers, duties, and functions:
767 (a) To adopt rules to determine what constitutes a “good
768 faith effort” for purposes of state agency compliance with the
769 rural or urban minority business enterprise procurement goals
770 set forth in s. 287.042. Factors which must shall be considered
771 by the Minority Business Enterprise Assistance Office in
772 determining good faith effort must shall include, but are not be
773 limited to:
774 1. Whether the agency scheduled presolicitation or prebid
775 meetings for the purpose of informing rural or urban minority
776 business enterprises of contracting and subcontracting
777 opportunities.
778 2. Whether the contractor advertised in general
779 circulation, trade association, or rural-focused or urban
780 focused minority-focus media concerning the subcontracting
781 opportunities.
782 3. Whether the agency effectively used services and
783 resources of available rural or urban minority community
784 organizations; minority contractors’ groups; local, state, and
785 federal minority business assistance offices for rural or urban
786 businesses; and other organizations that provide assistance in
787 the recruitment and placement of rural or urban minority
788 business enterprises or minority persons.
789 4. Whether the agency provided written notice to a
790 reasonable number of rural or urban minority business
791 enterprises that their interest in contracting with the agency
792 was being solicited in sufficient time to allow the rural or
793 urban minority business enterprises to participate effectively.
794 (b) To adopt rules to determine what constitutes a “good
795 faith effort” for purposes of contractor compliance with
796 contractual requirements relating to the use of services or
797 commodities of a rural or urban minority business enterprise
798 under s. 287.094(2). Factors which must shall be considered by
799 the Office of Supplier Development Diversity in determining
800 whether a contractor has made good faith efforts must shall
801 include, but are not be limited to:
802 1. Whether the contractor attended any presolicitation or
803 prebid meetings that were scheduled by the agency to inform
804 rural or urban minority business enterprises of contracting and
805 subcontracting opportunities.
806 2. Whether the contractor advertised in general
807 circulation, trade association, or rural-focused or urban
808 focused minority-focus media concerning the subcontracting
809 opportunities.
810 3. Whether the contractor provided written notice to a
811 reasonable number of specific rural or urban minority business
812 enterprises that their interest in the contract was being
813 solicited in sufficient time to allow the rural or urban
814 minority business enterprises to participate effectively.
815 4. Whether the contractor followed up initial solicitations
816 of interest by contacting rural or urban minority business
817 enterprises or minority persons to determine with certainty
818 whether the rural or urban minority business enterprises or
819 minority persons were interested.
820 5. Whether the contractor selected portions of the work to
821 be performed by rural or urban minority business enterprises in
822 order to increase the likelihood of meeting the rural or urban
823 minority business enterprise procurement goals, including, where
824 appropriate, breaking down contracts into economically feasible
825 units to facilitate rural or urban minority business enterprise
826 participation.
827 6. Whether the contractor provided interested rural or
828 urban minority business enterprises or minority persons with
829 adequate information about the plans, specifications, and
830 requirements of the contract or the availability of jobs.
831 7. Whether the contractor negotiated in good faith with
832 interested rural or urban minority business enterprises or
833 minority persons, not rejecting rural or urban minority business
834 enterprises or minority persons as unqualified without sound
835 reasons based on a thorough investigation of their capabilities.
836 8. Whether the contractor effectively used the services of
837 available rural or urban minority community organizations; rural
838 or urban minority contractors’ groups; local, state, and federal
839 rural or urban minority business assistance offices; and other
840 organizations that provide assistance in the recruitment and
841 placement of rural or urban minority business enterprises or
842 minority persons.
843 (c) To adopt rules and do all things necessary or
844 convenient to guide all state agencies toward making
845 expenditures for commodities, contractual services,
846 construction, and architectural and engineering services with
847 certified rural or urban minority business enterprises in
848 accordance with the rural or urban minority business enterprise
849 procurement goals set forth in s. 287.042.
850 (d) To monitor the degree to which agencies procure
851 services, commodities, and construction from rural or urban
852 minority business enterprises in conjunction with the Department
853 of Financial Services as specified in s. 17.11.
854 (e) To receive and disseminate information relative to
855 procurement opportunities, availability of rural or urban
856 minority business enterprises, and technical assistance.
857 (f) To advise agencies on methods and techniques for
858 achieving procurement objectives.
859 (g) To provide a central rural or urban minority business
860 enterprise certification process which includes independent
861 verification of status as a rural or urban minority business
862 enterprise.
863 (h) To develop procedures to investigate complaints against
864 rural or urban minority business enterprises or contractors
865 alleged to violate any provision related to this section or s.
866 287.0943, that may include visits to worksites or business
867 premises, and to refer all information on businesses suspected
868 of misrepresenting its rural or urban minority status to the
869 Department of Management Services for investigation. When an
870 investigation is completed and there is reason to believe that a
871 violation has occurred, the matter shall be referred to the
872 office of the Attorney General, Department of Legal Affairs, for
873 prosecution.
874 (i) To maintain a directory of all rural or urban minority
875 business enterprises which have been certified and provide this
876 information to any agency or business requesting it.
877 (j) To encourage all firms which do more than $1 million in
878 business with the state within a 12-month period to develop,
879 implement, and submit to this office a rural or urban minority
880 business development plan.
881 (k) To communicate on a monthly basis with the Small and
882 Minority Business Advisory Council to keep the council informed
883 on issues relating to rural or urban minority enterprise
884 procurement.
885 (l) To serve as an advocate for rural or urban minority
886 business enterprises, and coordinate with the small and minority
887 business ombudsman, as defined in s. 288.703, which duties shall
888 include:
889 1. Ensuring that agencies supported by state funding
890 effectively target the delivery of services and resources, as
891 related to rural or urban minority business enterprises.
892 2. Establishing standards within each industry with which
893 the state government contracts on how agencies and contractors
894 may provide the maximum practicable opportunity for minority
895 business enterprises.
896 3. Assisting agencies and contractors by providing outreach
897 to rural or urban minority businesses, by specifying and
898 monitoring technical and managerial competence for rural or
899 urban minority business enterprises, and by consulting in
900 planning of agency procurement to determine how best to provide
901 opportunities for rural or urban minority business enterprises.
902 4. Integrating technical and managerial assistance for
903 rural or urban minority business enterprises with government
904 contracting opportunities.
905 (m) To certify rural or urban minority business
906 enterprises, as defined in s. 288.703, and as specified in ss.
907 287.0943 and 287.09431, and shall recertify such minority
908 businesses at least once every 2 years. Rural or urban Minority
909 business enterprises must be recertified at least once every 2
910 years. Such certifications may include an electronic signature.
911 (n)1. To develop procedures to be used by an agency in
912 identifying commodities, contractual services, architectural and
913 engineering services, and construction contracts, except those
914 architectural, engineering, construction, or other related
915 services or contracts subject to the provisions of chapter 339,
916 that could be provided by rural or urban minority business
917 enterprises. Each agency is encouraged to spend 21 percent of
918 the moneys actually expended for construction contracts, 25
919 percent of the moneys actually expended for architectural and
920 engineering contracts, 24 percent of the moneys actually
921 expended for commodities, and 50.5 percent of the moneys
922 actually expended for contractual services during the previous
923 fiscal year, except for the state university construction
924 program which are shall be based upon public education capital
925 outlay projections for the subsequent fiscal year, and reported
926 to the Legislature pursuant to s. 216.023, for the purpose of
927 entering into contracts with certified rural or urban minority
928 business enterprises as defined in s. 288.703, or approved joint
929 ventures. However, in the event of budget reductions pursuant to
930 s. 216.221, the base amounts may be adjusted to reflect such
931 reductions. The overall spending goal for each industry category
932 shall be subdivided as follows:
933 a. For construction contracts: 4 percent for black
934 Americans, 6 percent for Hispanic-Americans, and 11 percent for
935 American women.
936 b. For architectural and engineering contracts: 9 percent
937 for Hispanic-Americans, 1 percent for Asian-Americans, and 15
938 percent for American women.
939 c. For commodities: 2 percent for black Americans, 4
940 percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
941 0.5 percent for Native Americans, and 17 percent for American
942 women.
943 d. For contractual services: 6 percent for black Americans,
944 7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
945 0.5 percent for Native Americans, and 36 percent for American
946 women.
947 2. For the purposes of commodities contracts for the
948 purchase of equipment to be used in the construction and
949 maintenance of state transportation facilities involving the
950 Department of Transportation, the term terms “certified rural or
951 urban minority business enterprise” has the same meaning as and
952 “minority person” have the same meanings as provided in s.
953 288.703. In order to ensure that the goals established under
954 this paragraph for contracting with certified rural or urban
955 minority business enterprises are met, the department, with the
956 assistance of the Office of Supplier Development Diversity,
957 shall make recommendations to the Legislature on revisions to
958 the goals, based on an updated statistical analysis, at least
959 once every 5 years. Such recommendations must shall be based on
960 statistical data indicating the availability of and disparity in
961 the use of rural or urban minority businesses contracting with
962 the state.
963 3. In determining the base amounts for assessing compliance
964 with this paragraph, the Office of Supplier Development
965 Diversity may develop, by rule, guidelines for all agencies to
966 use in establishing such base amounts. These rules must include,
967 but are not limited to, guidelines for calculation of base
968 amounts, a deadline for the agencies to submit base amounts, a
969 deadline for approval of the base amounts by the Office of
970 Supplier Development Diversity, and procedures for adjusting the
971 base amounts as a result of budget reductions made pursuant to
972 s. 216.221.
973 4. To determine guidelines for the use of price
974 preferences, weighted preference formulas, or other preferences,
975 as appropriate to the particular industry or trade, to increase
976 the participation of rural or urban minority businesses in state
977 contracting. These guidelines must shall include consideration
978 of:
979 a. Size and complexity of the project.
980 b. The concentration of transactions with rural or urban
981 minority business enterprises for the commodity or contractual
982 services in question in prior agency contracting.
983 c. The specificity and definition of work allocated to
984 participating rural or urban minority business enterprises.
985 d. The capacity of participating rural or urban minority
986 business enterprises to complete the tasks identified in the
987 project.
988 e. The available pool of rural or urban minority business
989 enterprises as prime contractors, either alone or as partners in
990 an approved joint venture that serves as the prime contractor.
991 5. To determine guidelines for use of joint ventures to
992 meet rural or urban minority business enterprises spending
993 goals. For purposes of this section, the term “joint venture”
994 means any association of two or more business concerns to carry
995 out a single business enterprise for profit, for which purpose
996 they combine their property, capital, efforts, skills, and
997 knowledge. The guidelines must shall allow transactions with
998 joint ventures to be eligible for credit against the rural or
999 urban minority business enterprise goals of an agency when the
1000 contracting joint venture demonstrates that at least one partner
1001 to the joint venture is a certified rural or urban minority
1002 business enterprise as defined in s. 288.703, and that such
1003 partner is responsible for a clearly defined portion of the work
1004 to be performed, and shares in the ownership, control,
1005 management, responsibilities, risks, and profits of the joint
1006 venture. Such demonstration must shall be by verifiable
1007 documents and sworn statements and may be reviewed by the Office
1008 of Supplier Development Diversity at or before the time a
1009 contract bid, proposal, or reply is submitted. An agency may
1010 count toward its rural or urban minority business enterprise
1011 goals a portion of the total dollar amount of a contract equal
1012 to the percentage of the ownership and control held by the
1013 qualifying certified rural or urban minority business partners
1014 in the contracting joint venture, so long as the joint venture
1015 meets the guidelines adopted by the office.
1016 (o)1. To establish a system to record and measure the use
1017 of certified rural or urban minority business enterprises in
1018 state contracting. This system must shall maintain information
1019 and statistics on certified rural or urban minority business
1020 enterprise participation, awards, dollar volume of expenditures
1021 and agency goals, and other appropriate types of information to
1022 analyze progress in the access of certified rural or urban
1023 minority business enterprises to state contracts and to monitor
1024 agency compliance with this section. Such reporting must
1025 include, but is not limited to, the identification of all
1026 subcontracts in state contracting by dollar amount and by number
1027 of subcontracts and the identification of the utilization of
1028 certified rural or urban minority business enterprises as prime
1029 contractors and subcontractors by dollar amounts of contracts
1030 and subcontracts, number of contracts and subcontracts, minority
1031 status, industry, and any conditions or circumstances that
1032 significantly affected the performance of subcontractors.
1033 Agencies shall report their compliance with the requirements of
1034 this reporting system at least annually and at the request of
1035 the office. All agencies shall cooperate with the office in
1036 establishing this reporting system. Except in construction
1037 contracting, all agencies shall review contracts costing in
1038 excess of CATEGORY FOUR as defined in s. 287.017 to determine
1039 whether if such contracts could be divided into smaller
1040 contracts to be separately solicited and awarded, and shall,
1041 when economical, offer such smaller contracts to encourage rural
1042 or urban minority participation.
1043 2. To report agency compliance with the provisions of
1044 subparagraph 1. for the preceding fiscal year to the Governor
1045 and Cabinet, the President of the Senate, and the Speaker of the
1046 House of Representatives on or before February 1 of each year.
1047 The report must contain, at a minimum, the following:
1048 a. Total expenditures of each agency by industry.
1049 b. The dollar amount and percentage of contracts awarded to
1050 certified rural or urban minority business enterprises by each
1051 state agency.
1052 c. The dollar amount and percentage of contracts awarded
1053 indirectly to certified rural or urban minority business
1054 enterprises as subcontractors by each state agency.
1055 d. The total dollar amount and percentage of contracts
1056 awarded to certified rural or urban minority business
1057 enterprises, whether directly or indirectly, as subcontractors.
1058 e. A statement and assessment of good faith efforts taken
1059 by each state agency.
1060 f. A status report of agency compliance with subsection
1061 (6), as determined by the Minority Business Enterprise Office.
1062 (5)(a) Each agency shall, at the time the specifications or
1063 designs are developed or contract sizing is determined for any
1064 proposed procurement costing in excess of CATEGORY FOUR, as
1065 defined in s. 287.017, forward a notice to the Office of
1066 Supplier Development Diversity of the proposed procurement and
1067 any determination on the designs of specifications of the
1068 proposed procurement that impose requirements on prospective
1069 vendors, no later than 30 days before prior to the issuance of a
1070 solicitation, except that this provision does shall not apply to
1071 emergency acquisitions. The 30-day notice period does shall not
1072 toll the time for any other procedural requirements.
1073 (b) If the Office of Supplier Development Diversity
1074 determines that the proposed procurement will not likely allow
1075 opportunities for rural or urban minority business enterprises,
1076 the office may, within 20 days after it receives the information
1077 specified in paragraph (a), propose the implementation of rural
1078 or urban minority business enterprise utilization provisions or
1079 submit alternative procurement methods that would significantly
1080 increase rural or urban minority business enterprise contracting
1081 opportunities.
1082 (c) Whenever the agency and the Office of Supplier
1083 Development Diversity disagree, the matter must shall be
1084 submitted for determination to the head of the agency or the
1085 senior-level official designated pursuant to this section as
1086 liaison for rural or urban minority business enterprise issues.
1087 (d) If the proposed procurement proceeds to competitive
1088 solicitation, the office is hereby granted standing to protest,
1089 pursuant to this section, in a timely manner, any contract award
1090 during competitive solicitation for contractual services and
1091 construction contracts that fail to include rural or urban
1092 minority business enterprise participation, if any responsible
1093 and responsive vendor has demonstrated the ability to achieve
1094 any level of participation, or, any contract award for
1095 commodities where, a reasonable and economical opportunity to
1096 reserve a contract, statewide or district level, for rural or
1097 urban minority participation was not executed or, an agency
1098 failed to adopt an applicable preference for rural or urban
1099 minority participation. The bond requirement is shall be waived
1100 for the office purposes of this subsection.
1101 (e) An agency may presume that a vendor offering no rural
1102 or urban minority participation has not made a good faith effort
1103 when other vendors offer rural or urban minority participation
1104 of firms listed as relevant to the agency’s purchasing needs in
1105 the pertinent locality or statewide to complete the project.
1106 (f) Paragraph (a) will not apply when the Office of
1107 Supplier Development Diversity determines that an agency has
1108 established a work plan to allow advance consultation and
1109 planning with rural or urban minority business enterprises and
1110 where such plan clearly demonstrates:
1111 1. A high level of advance planning by the agency with
1112 rural or urban minority business enterprises.
1113 2. A high level of accessibility, knowledge, and experience
1114 by rural or urban minority business enterprises in the agency’s
1115 contract decisionmaking process.
1116 3. A high quality of agency monitoring and enforcement of
1117 internal implementation of rural or urban minority business
1118 utilization provisions.
1119 4. A high quality of agency monitoring and enforcement of
1120 contractor utilization of rural or urban minority business
1121 enterprises, especially tracking subcontractor data, and
1122 ensuring the integrity of subcontractor reporting.
1123 5. A high quality of agency outreach, agency networking of
1124 major vendors with rural or urban minority vendors, and
1125 innovation in techniques to improve utilization of rural or
1126 urban minority business enterprises.
1127 6. Substantial commitment, sensitivity, and proactive
1128 attitude by the agency head and among the agency rural and urban
1129 minority business staff.
1130 (6) Each state agency shall coordinate its rural or urban
1131 minority business enterprise procurement activities with the
1132 Office of Supplier Development Diversity. At a minimum, each
1133 agency shall:
1134 (a) Adopt a minority business enterprise utilization plan
1135 for review and approval by the Office of Supplier Development
1136 Diversity which should require meaningful and useful methods to
1137 attain the legislative intent in assisting rural or urban
1138 minority business enterprises.
1139 (b) Designate a senior-level employee in the agency as a
1140 rural or urban minority enterprise assistance officer,
1141 responsible for overseeing the agency’s rural or urban minority
1142 business utilization activities, and who is not also charged
1143 with purchasing responsibility. A senior-level agency employee
1144 and agency purchasing officials is shall be accountable to the
1145 agency head for the agency’s rural or urban minority business
1146 utilization performance. The Office of Supplier Development
1147 Diversity shall advise each agency on compliance performance.
1148 (c) If an agency deviates significantly from its
1149 utilization plan in 2 consecutive or 3 out of 5 total fiscal
1150 years, the Office of Supplier Development Diversity may review
1151 any and all solicitations and contract awards of the agency as
1152 deemed necessary until such time as the agency meets its
1153 utilization plan.
1154 Section 30. Section 287.0947, Florida Statutes, is amended
1155 to read:
1156 287.0947 Florida Advisory Council on Small, Rural, and
1157 Urban and Minority Business Development; creation; membership;
1158 duties.—
1159 (1) The Secretary of Management Services may create the
1160 Florida Advisory Council on Small, Rural, and Urban and Minority
1161 Business Development with the purpose of advising and assisting
1162 the secretary in carrying out the secretary’s duties with
1163 respect to rural or urban minority businesses and economic and
1164 business development. It is the intent of the Legislature that
1165 the membership of such council include practitioners,
1166 laypersons, financiers, and others with business development
1167 experience who can provide invaluable insight and expertise for
1168 this state in the diversification of its markets and networking
1169 of business opportunities. The council shall initially consist
1170 of 19 persons, each of whom is or has been actively engaged in
1171 small, rural, and urban and minority business development,
1172 either in private industry, in governmental service, or as a
1173 scholar of recognized achievement in the study of such matters.
1174 Initially, the council shall be composed consist of members
1175 representing all regions of this the state and shall include at
1176 least one member from each group identified within the
1177 definition of “minority person” in s. 287.0931(2) s. 288.703(4),
1178 considering also gender and nationality subgroups, and shall be
1179 composed consist of the following:
1180 (a) Four members consisting of representatives of local and
1181 federal small, rural, and urban and minority business assistance
1182 programs or community development programs.
1183 (b) Eight members representing composed of representatives
1184 of the rural and urban minority private business sectors sector,
1185 including certified rural or urban minority business enterprises
1186 and rural or urban minority supplier development councils, among
1187 whom at least two are shall be women and at least four are shall
1188 be minority persons.
1189 (c) Two representatives of local government, one of whom is
1190 shall be a representative of a large local government, and one
1191 of whom is shall be a representative of a small local
1192 government.
1193 (d) Two representatives from the banking and insurance
1194 industry.
1195 (e) Two members from the private business sector,
1196 representing the construction and commodities industries.
1197 (f) The Secretary of Commerce or his or her designee.
1198
1199 A candidate for appointment may be considered if eligible to be
1200 certified as an owner of a rural or urban minority business
1201 enterprise, or if otherwise qualified under the criteria above.
1202 Vacancies may be filled by appointment of the secretary, in the
1203 manner of the original appointment.
1204 (2) Each appointed member shall serve for a term of 2 years
1205 from the date of appointment, except that a vacancy must shall
1206 be filled by appointment for the remainder of the unexpired
1207 term. The council shall annually elect a chair and a vice chair.
1208 The council shall adopt internal procedures or bylaws necessary
1209 for efficient operations. Members of the council shall serve
1210 without compensation or honorarium but shall be entitled to per
1211 diem and travel expenses pursuant to s. 112.061 for the
1212 performance of duties for the council. The executive
1213 administrator of the commission may remove a council member for
1214 cause.
1215 (3) Within 30 days after its initial meeting, the council
1216 shall elect from among its members a chair and a vice chair.
1217 (4) The council shall meet at the call of its chair, at the
1218 request of a majority of its membership, at the request of the
1219 commission or its executive administrator, or at such times as
1220 may be prescribed by rule, but not less than once a year, to
1221 offer its views on issues related to small, rural, and urban and
1222 minority business development of concern to this state. A
1223 majority of the members of the council shall constitute a
1224 quorum.
1225 (5) The powers and duties of the council include, but are
1226 not limited to the following: researching and reviewing the role
1227 of small, rural, and urban and minority businesses in the
1228 state’s economy; reviewing issues and emerging topics relating
1229 to small, rural, and urban and minority business economic
1230 development; studying the ability of financial markets and
1231 institutions to meet small business credit needs and determining
1232 the impact of government demands on credit for small, rural, and
1233 urban businesses; assessing the implementation of s.
1234 187.201(21), requiring a state economic development
1235 comprehensive plan, as it relates to small and certified rural
1236 or urban business enterprises as defined in s. 288.703 minority
1237 businesses; assessing the reasonableness and effectiveness of
1238 efforts by any state agency or by all state agencies
1239 collectively to assist minority business enterprises; and
1240 advising the Governor, the secretary, and the Legislature on
1241 matters relating to small, rural, and urban and minority
1242 business development which are of importance to the
1243 international strategic planning and activities of this state.
1244 (6) On or before January 1 of each year, the council shall
1245 present an annual report to the secretary that sets forth in
1246 appropriate detail the business transacted by the council during
1247 the year and any recommendations to the secretary, including
1248 those to improve business opportunities for small, rural, and
1249 urban and minority business enterprises.
1250 Section 31. Paragraph (b) of subsection (4) of section
1251 288.001, Florida Statutes, is amended, and paragraph (b) of
1252 subsection (3) is reenacted, to read:
1253 288.001 The Florida Small Business Development Center
1254 Network.—
1255 (3) OPERATION; POLICIES AND PROGRAMS.—
1256 (b) The network’s statewide director shall consult with the
1257 Board of Governors, the department, and the network’s statewide
1258 advisory board to ensure that the network’s policies and
1259 programs align with the statewide goals of the State University
1260 System and the statewide strategic economic development plan as
1261 provided under s. 20.60.
1262 (4) STATEWIDE ADVISORY BOARD.—
1263 (b) The statewide advisory board shall be composed consist
1264 of 19 members from across the state. At least 12 members must be
1265 representatives of the private sector who are knowledgeable of
1266 the needs and challenges of small businesses. The members must
1267 represent various segments and industries of the economy in this
1268 state and must bring knowledge and skills to the statewide
1269 advisory board which would enhance the board’s collective
1270 knowledge of small business assistance needs and challenges.
1271 Minority and gender Representation for this state’s rural or
1272 urban areas must be considered when making appointments to the
1273 board. The board must include the following members:
1274 1. Three members appointed from the private sector by the
1275 President of the Senate.
1276 2. Three members appointed from the private sector by the
1277 Speaker of the House of Representatives.
1278 3. Three members appointed from the private sector by the
1279 Governor.
1280 4. Three members appointed from the private sector by the
1281 network’s statewide director.
1282 5. One member appointed by the host institution.
1283 6. The Secretary of Commerce, or his or her designee.
1284 7. The Chief Financial Officer, or his or her designee.
1285 8. The President of the Florida Chamber of Commerce, or his
1286 or her designee.
1287 9. The Small Business Development Center Project Officer
1288 from the U.S. Small Business Administration at the South Florida
1289 District Office, or his or her designee.
1290 10. The executive director of the National Federation of
1291 Independent Businesses, Florida, or his or her designee.
1292 11. The executive director of the Florida United Business
1293 Association, or his or her designee.
1294 Section 32. Subsection (8) of section 288.0065, Florida
1295 Statutes, is amended to read:
1296 288.0065 Annual incentives report.—By December 30 of each
1297 year, the department shall provide the Governor, the President
1298 of the Senate, and the Speaker of the House of Representatives a
1299 detailed incentives report quantifying the economic benefits for
1300 all of the economic development incentive programs administered
1301 by the department and its public-private partnerships. The
1302 annual incentives report must include:
1303 (8) A description of the trends relating to business
1304 interest in, and usage of, the various incentives, and the
1305 number of minority-owned or woman-owned small businesses and
1306 businesses in rural or urban areas receiving incentives.
1307 Section 33. Paragraph (e) of subsection (2) and paragraph
1308 (a) of subsection (6) of section 288.0656, Florida Statutes, are
1309 amended to read:
1310 288.0656 Rural Economic Development Initiative.—
1311 (2) As used in this section, the term:
1312 (e) “Rural community” means:
1313 1. A county with a population of 85,000 or less 75,000 or
1314 fewer.
1315 2. A county with a population of 135,000 or less 125,000 or
1316 fewer which is contiguous to a county with a population of
1317 85,000 or less 75,000 or fewer.
1318 3. A municipality within a county described in subparagraph
1319 1. or subparagraph 2.
1320 4. An unincorporated federal enterprise community or an
1321 incorporated rural city with a population of 25,000 or less
1322 fewer and an employment base focused on municipalities with at
1323 least 20 traditional agricultural or resource-based industries,
1324 located in a county not defined as rural, which has at least
1325 three or more of the economic distress factors identified in
1326 paragraph (c) and verified by the department.
1327
1328 For purposes of this paragraph, population must shall be
1329 determined in accordance with the most recent official estimate
1330 pursuant to s. 186.901.
1331 (6)(a) By August 1 of each year, the head of each of the
1332 following agencies and organizations shall designate a deputy
1333 secretary or higher-level staff person from within the agency or
1334 organization to serve as the REDI representative for the agency
1335 or organization:
1336 1. The Department of Transportation.
1337 2. The Department of Environmental Protection.
1338 3. The Department of Agriculture and Consumer Services.
1339 4. The Department of State.
1340 5. The Department of Health.
1341 6. The Department of Children and Families.
1342 7. The Department of Corrections.
1343 8. The Department of Education.
1344 9. The Department of Juvenile Justice.
1345 10. The Fish and Wildlife Conservation Commission.
1346 11. Each water management district.
1347 12. CareerSource Florida, Inc.
1348 13. VISIT Florida.
1349 14. The Florida Regional Planning Council Association.
1350 14.15. The Agency for Health Care Administration.
1351 15.16. The Institute of Food and Agricultural Sciences
1352 (IFAS).
1353
1354 An alternate for each designee shall also be chosen, and the
1355 names of the designees and alternates shall be sent to the
1356 Secretary of Commerce.
1357 Section 34. Section 288.06562, Florida Statutes, is created
1358 to read:
1359 288.06562 Rural Accelerator Program.—
1360 (1) The Rural Accelerator Program is created within the
1361 department to facilitate grant funding for rural communities as
1362 defined in s. 288.0656 to identify, prepare, and promote sites
1363 for economic development.
1364 (2) The department shall accept grant applications from
1365 communities or counties defined as a rural community in s.
1366 288.0656, as well as local economic development groups applying
1367 on behalf of the community.
1368 (3) The department shall collaborate with the Florida
1369 Regional Economic Development Association to review grant
1370 applications.
1371 (4) Funds appropriated by the Legislature are distributed
1372 by the department to rural communities for their use in paying
1373 marketing expenses or the costs of site readiness.
1374 a. Marketing expenses may include deploying materials
1375 through advertising campaigns, as well as costs associated with
1376 meetings, trade missions, and professional development
1377 affiliated with site preparation and marketing sites to
1378 businesses and site selectors.
1379 b. Site readiness expenses may include clearing title,
1380 surveys, permitting, environmental studies, and regulatory
1381 compliance, as well as planning, design, and engineering costs.
1382 It can also include matching funds for federal and private
1383 grants associated with site preparation and nonrecurring
1384 administrative expenses associated with site preparation.
1385 (5) The department may reimburse grant recipients for the
1386 allowable costs described in subsection (4) through direct
1387 payment methods.
1388 (6) The department may adopt rules to implement this
1389 section.
1390 Section 35. Section 288.1167, Florida Statutes, is amended
1391 to read:
1392 288.1167 Sports franchise contract provisions for food and
1393 beverage concession and contract awards to minority business
1394 enterprises in rural or urban areas.—Any applicant who receives
1395 funding pursuant to the provisions of s. 212.20 must demonstrate
1396 that:
1397 (1) Funds and facilities with respect to food and beverage
1398 and related concessions shall be awarded to certified rural or
1399 urban small minority business enterprises as defined in s.
1400 288.703 on the same terms and conditions as the general food and
1401 beverage concessionaire and in accordance with the minority
1402 business enterprise procurement goals set forth in s. 287.09451;
1403 (2) At least 15 percent of a company contracted to manage a
1404 professional sports franchise facility or a spring training
1405 franchise facility is owned by certified rural or urban minority
1406 business enterprises or by a minority person as that term is
1407 those terms are defined in s. 288.703; or
1408 (3) At least 15 percent of all operational service
1409 contracts with a professional sports franchise facility or a
1410 spring training franchise facility are awarded to certified
1411 rural or urban minority business enterprises as that term is
1412 defined in s. 288.703 or to a minority person residing in a
1413 rural or urban area as those terms are defined in s. 288.703.
1414 Section 36. Subsection (1) of section 288.12266, Florida
1415 Statutes, is amended to read:
1416 288.12266 Targeted Marketing Assistance Program.—
1417 (1) The Targeted Marketing Assistance Program is created to
1418 enhance the tourism business marketing of this state’s small,
1419 minority, rural, and agritourism businesses, as well as
1420 certified rural or urban businesses as that term is defined in
1421 s. 288.703 in the state. The department, in conjunction with the
1422 Florida Tourism Industry Marketing Corporation, shall administer
1423 the program. The program shall provide marketing plans,
1424 marketing assistance, promotional support, media development,
1425 technical expertise, marketing advice, technology training,
1426 social marketing support, and other assistance to an eligible
1427 entity.
1428 Section 37. Paragraph (b) of subsection (2) of section
1429 288.1229, Florida Statutes, is amended to read:
1430 288.1229 Promotion and development of sports-related
1431 industries and amateur athletics; direct-support organization
1432 established; powers and duties.—
1433 (2) The Florida Sports Foundation must:
1434 (b) Be governed by a board of directors, which must be
1435 composed consist of up to 15 members appointed by the Governor.
1436 In making appointments, the Governor shall must consider a
1437 potential member’s background in community service and sports
1438 activism in, and financial support of, the sports industry,
1439 professional sports, or organized amateur athletics. Members
1440 must be residents of the state and highly knowledgeable about or
1441 active in professional or organized amateur sports.
1442 1. The board must contain representatives of all
1443 geographical regions of the state and must represent ethnic and
1444 gender diversity.
1445 2. The terms of office of the members shall be 4 years. No
1446 member may serve more than two consecutive terms. The Governor
1447 may remove any member for cause and shall fill all vacancies
1448 that occur.
1449 Section 38. Section 288.124, Florida Statutes, is amended
1450 to read:
1451 288.124 Convention grants program.—The Florida Tourism
1452 Industry Marketing Corporation is authorized to establish a
1453 convention grants program and, pursuant to that program, to
1454 recommend to the department expenditures and contracts with
1455 local governments and nonprofit corporations or organizations
1456 for the purpose of attracting national conferences and
1457 conventions to Florida. Preference shall be given to local
1458 governments and nonprofit corporations or organizations seeking
1459 to attract minority conventions to Florida. Minority conventions
1460 are events that primarily involve minority persons, as defined
1461 in s. 288.703, who are residents or nonresidents of the state.
1462 The Florida Tourism Industry Marketing Corporation shall
1463 establish guidelines governing the award of grants and the
1464 administration of this program. The department has final
1465 approval authority for any grants under this section. The total
1466 annual allocation of funds for this program may shall not exceed
1467 $40,000.
1468 Section 39. Subsection (2) of section 288.7015, Florida
1469 Statutes, is amended to read:
1470 288.7015 Appointment of rules ombudsman; duties.—The
1471 Governor shall appoint a rules ombudsman, as defined in s.
1472 288.703, in the Executive Office of the Governor, for
1473 considering the impact of agency rules on the state’s citizens
1474 and businesses. The duties of the rules ombudsman are to:
1475 (2) Review state agency rules that adversely or
1476 disproportionately impact businesses, particularly those
1477 relating to small and certified rural or urban minority
1478 businesses as that term is defined in s. 288.703.
1479 Section 40. Section 288.702, Florida Statutes, is amended
1480 to read:
1481 288.702 Short title.—This section and ss. 288.703-288.705
1482 ss. 288.703-288.706 may be cited as the “Florida Small and
1483 Minority Business Assistance Act.”
1484 Section 41. Section 288.703, Florida Statutes, is amended
1485 to read:
1486 288.703 Definitions.—As used in ss. 288.702-288.705 ss.
1487 288.702-288.706, the term:
1488 (1) “Certified rural or urban business enterprise” means a
1489 business located in a defined geographic area within this state
1490 where one of the following conditions has been documented in the
1491 most recent census conducted by the Bureau of the Census of the
1492 United States Department of Commerce:
1493 a. Per capita income in the area is less than 80 percent of
1494 this state’s per capita income.
1495 b. The unemployment rate in the area has been greater than
1496 the unemployment rate for this state by more than 1 percent over
1497 the previous 24 months from the time the comparison is made.
1498 “Certified minority business enterprise” means a business
1499 which has been certified by the certifying organization or
1500 jurisdiction in accordance with s. 287.0943(1) and (2).
1501 (2) “Financial institution” means any bank, trust company,
1502 insurance company, savings and loan association, credit union,
1503 federal lending agency, or foundation.
1504 (3) “Minority business enterprise” means any small business
1505 concern as defined in subsection (6) which is organized to
1506 engage in commercial transactions, which is domiciled in
1507 Florida, and which is at least 51-percent-owned by minority
1508 persons who are members of an insular group that is of a
1509 particular racial, ethnic, or gender makeup or national origin,
1510 which has been subjected historically to disparate treatment due
1511 to identification in and with that group resulting in an
1512 underrepresentation of commercial enterprises under the group’s
1513 control, and whose management and daily operations are
1514 controlled by such persons. A minority business enterprise may
1515 primarily involve the practice of a profession. Ownership by a
1516 minority person does not include ownership which is the result
1517 of a transfer from a nonminority person to a minority person
1518 within a related immediate family group if the combined total
1519 net asset value of all members of such family group exceeds $1
1520 million. For purposes of this subsection, the term “related
1521 immediate family group” means one or more children under 16
1522 years of age and a parent of such children or the spouse of such
1523 parent residing in the same house or living unit.
1524 (4) “Minority person” means a lawful, permanent resident of
1525 Florida who is:
1526 (a) An African American, a person having origins in any of
1527 the black racial groups of the African Diaspora, regardless of
1528 cultural origin.
1529 (b) A Hispanic American, a person of Spanish or Portuguese
1530 culture with origins in Spain, Portugal, Mexico, South America,
1531 Central America, or the Caribbean, regardless of race.
1532 (c) An Asian American, a person having origins in any of
1533 the original peoples of the Far East, Southeast Asia, the Indian
1534 Subcontinent, or the Pacific Islands, including the Hawaiian
1535 Islands before 1778.
1536 (d) A Native American, a person who has origins in any of
1537 the Indian Tribes of North America before 1835, upon
1538 presentation of proper documentation thereof as established by
1539 rule of the Department of Management Services.
1540 (e) An American woman.
1541 (3)(5) “Ombudsman” means an office or individual whose
1542 responsibilities include coordinating with the Office of
1543 Supplier Development Diversity for the interests of and
1544 providing assistance to rural or urban small and minority
1545 business enterprises in dealing with governmental agencies and
1546 in developing proposals for changes in state agency rules.
1547 (4)(6) “Small business” means an independently owned and
1548 operated business concern that employs 200 or fewer permanent
1549 full-time employees and that, together with its affiliates, has
1550 a net worth of not more than $5 million or any firm based in
1551 this state which has a Small Business Administration 8(a)
1552 certification. As applicable to sole proprietorships, the $5
1553 million net worth requirement includes shall include both
1554 personal and business investments.
1555 Section 42. Section 288.705, Florida Statutes, is amended
1556 to read:
1557 288.705 Statewide contracts register.—All state agencies
1558 shall in a timely manner provide the Florida Small Business
1559 Development Center Procurement System with all formal
1560 solicitations for contractual services, supplies, and
1561 commodities. The Small Business Development Center shall
1562 coordinate with Minority Business Development Centers to compile
1563 and distribute this information to small and rural or urban
1564 minority businesses requesting such service for the period of
1565 time necessary to familiarize the business with the market
1566 represented by state agencies. On or before February 1 of each
1567 year, the Small Business Development Center shall report to the
1568 department on the use of the statewide contracts register. The
1569 report must shall include, but not be limited to, information
1570 relating to:
1571 (1) The total number of solicitations received from state
1572 agencies during the calendar year.
1573 (2) The number of solicitations received from each state
1574 agency during the calendar year.
1575 (3) The method of distributing solicitation information to
1576 businesses requesting such service.
1577 (4) The total number of businesses using the service.
1578 (5) The percentage of businesses using the service which
1579 are owned and controlled by minorities.
1580 (5)(6) The percentage of service-disabled veteran business
1581 enterprises using the service.
1582 Section 43. Subsection (1) of section 288.776, Florida
1583 Statutes, is amended to read:
1584 288.776 Board of directors; powers and duties.—
1585 (1)(a) The corporation shall have a board of directors
1586 consisting of 15 members representing all geographic areas of
1587 the state. Minority and gender representation must be considered
1588 when making appointments to the board. The board membership must
1589 include:
1590 1. A representative of the following businesses, all of
1591 which must be registered to do business in this state: a foreign
1592 bank, a state bank, a federal bank, an insurance company
1593 involved in covering trade financing risks, and a small or
1594 medium-sized exporter.
1595 2. The following persons or their designee: the Secretary
1596 of Commerce, the Chief Financial Officer, the Secretary of
1597 State, and a senior official of the United States Department of
1598 Commerce.
1599 (b) Appointees who are not state or Federal Government
1600 officials shall serve for a term of 3 years and shall be
1601 eligible for reappointment. Nonstate and nonfederal official
1602 vacancies on the board shall be filled by the board within 30
1603 days after the effective date of the vacancy.
1604 Section 44. Section 288.9628, Florida Statutes, is created
1605 to read:
1606 288.9628 Research, Innovation, Science, and Engineering
1607 (RISE) Investment Tax Credit Program.—
1608 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
1609 strengthening the state’s early-stage business ecosystem and
1610 supporting cutting-edge innovation are essential for fostering
1611 innovation and economic growth. The early-stage business
1612 ecosystem, fueled by the state’s colleges, universities, and
1613 private industry growth, represents significant opportunity for
1614 the state to retain entrepreneurial talent and provides an
1615 overall benefit for jobseekers, job creators, families,
1616 communities, and the state’s economy.
1617 (2) RISE Program created.—There is established within the
1618 department the Research, Innovation, Science, and Engineering
1619 (RISE) Investment Tax Credit Program. The purpose of the program
1620 is to increase venture capital investment in this state. The
1621 department shall coordinate with the Florida Opportunity Fund
1622 and the State Board of Administration in reviewing and approving
1623 applications for tax credits under this section.
1624 (3) DEFINITIONS.—As used in this section, the term:
1625 (a) “Accredited investor” has the same meaning as in s.
1626 517.021.
1627 (b) “Advisory affiliate” has the same meaning as in s.
1628 517.12(22).
1629 (c) “Affiliate” has the same meaning as in s. 517.021.
1630 (d) “Applicant” means an advisory affiliate, exempt
1631 reporting adviser, or investment adviser who submits or updates
1632 an application on behalf of a qualifying private fund.
1633 (e) “Associated person” has the same meaning as in s.
1634 517.021.
1635 (f) “Company” means any business in this state, or a
1636 business with more than 50 percent of its workforce in this
1637 state, with 500 or fewer employees, and which is engaged in a
1638 project.
1639 (g) “Department” means the Department of Commerce.
1640 (h) “Exempt reporting adviser” has the same meaning as in
1641 s. 517.12(22).
1642 (i) “Investment adviser” has the same meaning as in s.
1643 517.021.
1644 (j) “Investor” means any person or entity that has made a
1645 capital contribution to a qualifying private fund.
1646 (k) “Private fund adviser” has the same meaning as in s.
1647 517.12(22).
1648 (l) “Project” means research and development that leads to
1649 or is anticipated to lead to the creation of new or useful
1650 improvement of technologies, agricultural technologies, devices,
1651 processes, machines, manufacturing, or composition of matter. A
1652 project may result from the innovative activities of a company
1653 or research at a university or college in this state.
1654 (m) “Qualifying investment” has the same meaning as in 17
1655 C.F.R. 275.203(l)-1(c)(3) and, for purposes of this section,
1656 includes investment in one or more companies or projects.
1657 (n) “Qualifying portfolio company” has the same meaning as
1658 in 17 C.F.R. 275.203(l)-1(c)(4) and, for purposes of this
1659 section, includes a company that meets the definition of
1660 “company” in paragraph (f).
1661 (o) “Qualifying private fund” has the same meaning as in s.
1662 517.12(22) and includes the definition of “angel investor group”
1663 as defined in s. 517.021.
1664 (p) “Total capital commitment” means the total amount of
1665 cash funding the qualifying private fund intends to raise to
1666 make one or more qualifying investments in one or more
1667 qualifying portfolio companies.
1668 (4) APPLICATION.—
1669 (a) An applicant must apply to the department for
1670 authorization to claim RISE tax credits under this section. The
1671 department must review and approve or deny a complete
1672 application within 60 calendar days after the complete
1673 application has been submitted.
1674 (b) An applicant must demonstrate to the department’s
1675 satisfaction within 12 months after the complete application has
1676 been submitted that the qualifying private fund has received at
1677 least the total capital commitment contained in its application.
1678 (c) The application must include, at a minimum:
1679 1. The names of any accredited investors, advisory
1680 affiliates, affiliates, associated persons, exempt reporting
1681 advisers, investment advisers, or private fund advisers
1682 associated with the qualifying private fund, if there are any at
1683 the time of application.
1684 2. The names of any investors in the qualifying private
1685 fund, if there are any at the time of application.
1686 3. The estimated total number of qualifying investments in
1687 qualifying portfolio companies.
1688 4. The total capital commitment of the qualifying private
1689 fund.
1690 (d) If, at any time after an applicant has submitted a
1691 complete application, there has been a material change that
1692 affects the accuracy or completeness of the information
1693 contained in the application, the applicant must update its
1694 application.
1695 (5) TAX CREDITS; GENERALLY.—
1696 (a) The amount of tax credits available pursuant to this
1697 section in a fiscal year may not exceed $100 million.
1698 (b) The department may not issue a tax credit to a
1699 qualifying private fund until the qualifying private fund
1700 demonstrates that it has received its total capital commitment.
1701 (c) The department may not authorize more than $10 million
1702 in tax credits to a qualifying private fund in a fiscal year.
1703 (6) TAX CREDITS; SUBMISSION AND AUTHORIZATION.—
1704 (a) To receive tax credits, a qualifying private fund must
1705 provide documentation that demonstrates to the department’s
1706 reasonable satisfaction that the qualifying investment meets the
1707 requirements of this section. For purposes of this section,
1708 follow-on or add-on commitments may only be considered by the
1709 department after the follow-on or add-on investment has been
1710 deployed.
1711 (b) A qualifying private fund must make at least one
1712 qualified investment in at least one qualifying portfolio
1713 project to be eligible to receive tax credits under this
1714 section.
1715 (c) Each submission by a qualifying private fund to receive
1716 tax credits for a qualifying investment in a qualifying
1717 portfolio company must include, at a minimum:
1718 1. The amount of cash deployed by the qualifying private
1719 fund to a qualifying investment in a qualifying portfolio
1720 company.
1721 2. The total number of employees employed by the qualifying
1722 portfolio company.
1723 3. The total number of Florida-based, full-time equivalent
1724 employees employed by the qualifying portfolio company.
1725 (7) TAX CREDITS; RECEIPT; REVOCATION.—
1726 (a) A qualifying private fund may receive tax credits
1727 equivalent to 25 percent of a qualifying investment in a
1728 qualifying portfolio company.
1729 (b) Upon a determination by the department that the
1730 qualifying investment meets the requirements of this section,
1731 the department shall authorize the Department of Revenue to
1732 issue tax credits to the qualifying private fund.
1733 (c) The Department of Revenue may not issue more than one
1734 fifth of the tax credits authorized for a qualifying investment
1735 in a qualifying portfolio company in a fiscal year.
1736 (d) Credits received pursuant to this section may be
1737 applied against the qualifying private fund’s corporate income
1738 tax liability. A qualifying private fund may elect to sell or
1739 transfer, in whole or in part, any tax credit issued under this
1740 section. An election to sell or transfer any tax credit received
1741 pursuant to this section must be made no later than 5 years
1742 after the date the credit is received by the qualifying private
1743 fund, after which the credit expires and may not be used. A
1744 qualifying private fund may not sell or transfer credits that
1745 have been authorized by the department but not yet issued by the
1746 Department of Revenue.
1747 (e) The department may revoke or modify any written
1748 decision qualifying, certifying, or otherwise granting
1749 eligibility for tax credits under this section if it is
1750 discovered that the qualifying private fund submitted any false
1751 statement, representation, or certification in any application
1752 filed in an attempt to receive tax credits under this section,
1753 or if the information in a previously completed application
1754 materially changes. The department must immediately notify the
1755 Department of Revenue of any revoked or modified orders
1756 affecting previously granted tax credits. Additionally, the
1757 qualifying private fund must notify the Department of Revenue of
1758 any change in its tax credit claimed.
1759 (8) COMPLIANCE.—
1760 (a) A qualifying private fund must annually report to the
1761 department for each qualifying investment for 5 years after
1762 authorization to receive credits. Failure to do so will result
1763 in the qualifying private fund’s tax credit being revoked.
1764 (b) In order to receive a tax credit, a qualifying fund
1765 must submit to the department the following:
1766 1. A certification that there have been no material changes
1767 to the information contained in the application or, if material
1768 changes have occurred since the submission of the application, a
1769 disclosure containing all material changes.
1770 2. Documentation supporting the total number of full-time
1771 equivalent employees employed by the qualifying portfolio
1772 company.
1773 3. Documentation supporting the total number of full-time
1774 equivalent employees employed in this state by the qualifying
1775 portfolio company.
1776 4. Documentation supporting that the qualifying private
1777 fund has not exited its position from the qualifying portfolio
1778 company through acquisition by a company not based in this
1779 state.
1780 (9) CONSTRUCTION.—For purposes of this section and part III
1781 of chapter 692, committed capital invested in a qualifying
1782 portfolio company by a venture capital fund may not be construed
1783 as having ownership of the qualifying portfolio company.
1784 (10) REPORTING.—Beginning December 30, 2026, the department
1785 shall include the amounts of tax credits authorized and
1786 received, the total number of jobs created, and the total number
1787 of jobs created in this state in its annual incentives report
1788 required in s. 288.0065.
1789 (11) RULEMAKING.—The department is authorized to adopt
1790 rules to implement this section.
1791 Section 45. Subsection (10) of section 290.0056, Florida
1792 Statutes, is amended to read:
1793 290.0056 Enterprise zone development agency.—
1794 (10) Contingent upon approval by the governing body, the
1795 agency may invest in community investment corporations which
1796 conduct, or agree to conduct, loan guarantee programs assisting
1797 rural or urban minority business enterprises located in the
1798 enterprise zone. In making such investments, the agency shall
1799 first attempt to invest in existing community investment
1800 corporations providing services in the enterprise zone. Such
1801 investments shall be made under conditions required by law and
1802 as the agency may require, including, but not limited to:
1803 (a) The funds invested by the agency shall be used to
1804 provide loan guarantees to individuals for rural or urban
1805 minority business enterprises located in the enterprise zone.
1806 (b) The community investment corporation may not approve
1807 any application for a loan guarantee unless the person applying
1808 for the loan guarantee shows that he or she has applied for the
1809 loan or loan guarantee through normal banking channels and that
1810 the loan or loan guarantee has been refused by at least one bank
1811 or other financial institution.
1812 Section 46. Paragraph (f) of subsection (1) of section
1813 290.0057, Florida Statutes, is amended to read:
1814 290.0057 Enterprise zone development plan.—
1815 (1) Any application for designation as a new enterprise
1816 zone must be accompanied by a strategic plan adopted by the
1817 governing body of the municipality or county, or the governing
1818 bodies of the county and one or more municipalities together. At
1819 a minimum, the plan must:
1820 (f) Identify the amount of local and private resources that
1821 will be available in the nominated area and the private/public
1822 partnerships to be used, which may include participation by, and
1823 cooperation with, universities, community colleges, small
1824 business development centers, black business investment
1825 corporations in rural or urban areas as defined in s. 288.703,
1826 certified development corporations, and other private and public
1827 entities.
1828 Section 47. Subsection (4) of section 331.302, Florida
1829 Statutes, is amended to read:
1830 331.302 Space Florida; creation; purpose.—
1831 (4) Space Florida is not an agency as defined in ss.
1832 216.011, and 287.012, and 287.055. Space Florida is exempt from
1833 the bidding requirements in s. 255.20 when Space Florida engages
1834 in professional or construction services, or both, under an
1835 arrangement with a person in which:
1836 (a) The person offering personal or construction goods or
1837 services is not subject to the requirements of s. 287.055;
1838 (b) Space Florida and the person execute a contract with
1839 terms acceptable to Space Florida; and
1840 (c) The person provides to Space Florida by contract an
1841 unqualified representation and warranty that the payments by the
1842 person to Space Florida in return for the possession and use of
1843 the project by the person will not be derived, directly or
1844 indirectly, from state or local government funds.
1845
1846 For purposes of this subsection, monies received by the person
1847 contracted to provide goods produced and services provided from
1848 government entities in the ordinary course of its operation of
1849 the project are not state or local government funds.
1850 Section 48. Section 331.351, Florida Statutes, is amended
1851 to read:
1852 331.351 Participation by rural or urban women, minorities,
1853 and socially and economically disadvantaged business enterprises
1854 encouraged.—It is the intent of the Legislature and the public
1855 policy of this state that rural or urban women, minorities, and
1856 socially and economically disadvantaged business enterprises be
1857 encouraged to participate fully in all phases of economic and
1858 community development. Accordingly, to achieve such purpose,
1859 Space Florida shall, in accordance with applicable state and
1860 federal law, involve and utilize rural or urban women,
1861 minorities, and socially and economically disadvantaged business
1862 enterprises in all phases of the design, development,
1863 construction, maintenance, and operation of spaceports developed
1864 under this act.
1865 Section 49. Paragraph (a) of subsection (3) of section
1866 445.004, Florida Statutes, is amended to read:
1867 445.004 CareerSource Florida, Inc., and the state board;
1868 creation; purpose; membership; duties and powers.—
1869 (3)(a) Members of the state board described in Pub. L. No.
1870 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting
1871 members. The number of members is determined by the Governor,
1872 who shall consider the importance of minority, gender, and
1873 geographic representation in making appointments to the state
1874 board. When the Governor is in attendance, he or she shall
1875 preside at all meetings of the state board.
1876 Section 50. Subsections (1) and (8) of section 445.007,
1877 Florida Statutes, are amended to read:
1878 445.007 Local workforce development boards.—
1879 (1) One local workforce development board shall be
1880 appointed in each designated service delivery area and shall
1881 serve as the local workforce development board pursuant to Pub.
1882 L. No. 113-128. The membership of the local board must be
1883 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
1884 public education or training provider is represented on the
1885 local board, a representative of a private education provider
1886 must also be appointed to the local board. The state board may
1887 waive this requirement if requested by a local board if it is
1888 demonstrated that such representatives do not exist in the
1889 region. The importance of minority and gender representation
1890 shall be considered when making appointments to the local board.
1891 The local board, its committees, subcommittees, and
1892 subdivisions, and other units of the workforce system, including
1893 units that may consist in whole or in part of local governmental
1894 units, may use any method of telecommunications to conduct
1895 meetings, including establishing a quorum through
1896 telecommunications, provided that the public is given proper
1897 notice of the telecommunications meeting and reasonable access
1898 to observe and, when appropriate, participate. Local boards are
1899 subject to chapters 119 and 286 and s. 24, Art. I of the State
1900 Constitution. Each member of a local board who is not otherwise
1901 required to file a full and public disclosure of financial
1902 interests under s. 8, Art. II of the State Constitution or s.
1903 112.3144 shall file a statement of financial interests under s.
1904 112.3145. The executive director or designated person
1905 responsible for the operational and administrative functions of
1906 the local board who is not otherwise required to file a full and
1907 public disclosure of financial interests under s. 8, Art. II of
1908 the State Constitution or s. 112.3144 shall file a statement of
1909 financial interests under s. 112.3145. The local board’s
1910 website, or the department’s website if the local board does not
1911 maintain a website, must inform the public that each disclosure
1912 or statement has been filed with the Commission on Ethics and
1913 provide information how each disclosure or statement may be
1914 reviewed. The notice to the public must remain on the website
1915 throughout the term of office or employment of the filer and
1916 until 1 year after the term on the local board or employment
1917 ends.
1918 (8) The importance of minority and gender representation
1919 shall be considered when appointments are made to any committee
1920 established by the local workforce development board.
1921 Section 51. Paragraph (b) of subsection (4) and subsection
1922 (9) of section 445.08, Florida Statutes, are amended to read:
1923 445.08 Florida Law Enforcement Recruitment Bonus Payment
1924 Program.—
1925 (4) The department shall develop an annual plan for the
1926 administration of the program and distribution of bonus
1927 payments. Applicable employing agencies shall assist the
1928 department with the collection of any data necessary to
1929 determine bonus payment amounts and to distribute the bonus
1930 payments, and shall otherwise provide the department with any
1931 information or assistance needed to fulfill the requirements of
1932 this section. At a minimum, the plan must include:
1933 (b) The minimum eligibility requirements a newly employed
1934 officer must meet to receive and retain a bonus payment, which
1935 must include:
1936 1. Obtaining certification for employment or appointment as
1937 a law enforcement officer pursuant to s. 943.1395.
1938 2. Gaining full-time employment with a Florida criminal
1939 justice agency.
1940 3. Maintaining continuous full-time employment with a
1941 Florida criminal justice agency for at least 2 years from the
1942 date on which the officer obtained certification. The required
1943 2-year employment period may be satisfied by maintaining
1944 employment at one or more employing agencies, but such period
1945 must not contain any break in service longer than 180 15
1946 calendar days. A law enforcement officer must provide
1947 documentation to the department justifying the break in service.
1948 The department shall establish the acceptable circumstances for
1949 any such break in service. Any break in service will not count
1950 toward satisfying the 2-year full-time employment requirement of
1951 this section.
1952
1953 The department may establish other criteria deemed necessary to
1954 determine bonus payment eligibility and distribution.
1955 (9) This section expires July 1, 2025.
1956 Section 52. Paragraph (a) of subsection (4) of section
1957 447.203, Florida Statutes, is amended to read:
1958 447.203 Definitions.—As used in this part:
1959 (4) “Managerial employees” are those employees who:
1960 (a) Perform jobs that are not of a routine, clerical, or
1961 ministerial nature and require the exercise of independent
1962 judgment in the performance of such jobs and to whom one or more
1963 of the following applies:
1964 1. They formulate or assist in formulating policies which
1965 are applicable to bargaining unit employees.
1966 2. They may reasonably be required on behalf of the
1967 employer to assist in the preparation for the conduct of
1968 collective bargaining negotiations.
1969 3. They have a role in the administration of agreements
1970 resulting from collective bargaining negotiations.
1971 4. They have a significant role in personnel
1972 administration.
1973 5. They have a significant role in employee relations.
1974 6. They are included in the definition of administrative
1975 personnel contained in s. 1012.01(3).
1976 7. They have a significant role in the preparation or
1977 administration of budgets for any public agency or institution
1978 or subdivision thereof.
1979 8. They have a significant and specific role executing
1980 statewide business and economic development projects in support
1981 of business recruitment, retention, and expansion.
1982
1983 However, in determining whether an individual is a managerial
1984 employee pursuant to paragraph (a) or paragraph (b), above, the
1985 commission may consider historic relationships of the employee
1986 to the public employer and to co-employees coemployees.
1987 Section 53. Local governments may enter into agreements to
1988 create regional planning entities pursuant to chapter 163,
1989 Florida Statutes.
1990 Section 54. Subsection (2) of section 17.11, Florida
1991 Statutes, is amended to read:
1992 17.11 To report disbursements made.—
1993 (2) The Chief Financial Officer shall also cause to have
1994 reported from the Florida Accounting Information Resource
1995 Subsystem no less than quarterly the disbursements which
1996 agencies made to small businesses, as defined in the Florida
1997 Small and Minority Business Assistance Act,; and to certified
1998 rural or urban minority business enterprises in the aggregate;
1999 and to certified minority business enterprises broken down into
2000 categories of minority persons, as well as gender and
2001 nationality subgroups. This information must shall be made
2002 available to the agencies, the Office of Supplier Development
2003 Diversity, the Governor, the President of the Senate, and the
2004 Speaker of the House of Representatives. Each agency shall be
2005 responsible for the accuracy of information entered into the
2006 Florida Accounting Information Resource Subsystem for use in
2007 this reporting.
2008 Section 55. Paragraph (f) of subsection (1) of section
2009 68.082, Florida Statutes, is amended to read:
2010 68.082 False claims against the state; definitions;
2011 liability.—
2012 (1) As used in this section, the term:
2013 (f) “State” means the government of the state or any
2014 department, division, bureau, commission, regional planning
2015 agency, board, district, authority, agency, or other
2016 instrumentality of the state.
2017 Section 56. Paragraph (a) of subsection (1) of section
2018 120.52, Florida Statutes, is amended to read:
2019 120.52 Definitions.—As used in this act:
2020 (1) “Agency” means the following officers or governmental
2021 entities if acting pursuant to powers other than those derived
2022 from the constitution:
2023 (a) The Governor; each state officer and state department,
2024 and each departmental unit described in s. 20.04; the Board of
2025 Governors of the State University System; the Commission on
2026 Ethics; the Fish and Wildlife Conservation Commission; a
2027 regional water supply authority; a regional planning agency; a
2028 multicounty special district, but only if a majority of its
2029 governing board is comprised of nonelected persons; educational
2030 units; and each entity described in chapters 163, 373, 380, and
2031 582 and s. 186.504.
2032
2033 This definition does not include a municipality or legal entity
2034 created solely by a municipality; a legal entity or agency
2035 created in whole or in part pursuant to part II of chapter 361;
2036 a metropolitan planning organization created pursuant to s.
2037 339.175; a separate legal or administrative entity created
2038 pursuant to s. 339.175 of which a metropolitan planning
2039 organization is a member; an expressway authority pursuant to
2040 chapter 348 or any transportation authority or commission under
2041 chapter 343 or chapter 349; or a legal or administrative entity
2042 created by an interlocal agreement pursuant to s. 163.01(7),
2043 unless any party to such agreement is otherwise an agency as
2044 defined in this subsection.
2045 Section 57. Subsection (4) of section 120.525, Florida
2046 Statutes, is amended to read:
2047 120.525 Meetings, hearings, and workshops.—
2048 (4) For purposes of establishing a quorum at meetings of
2049 regional planning councils that cover three or more counties, a
2050 voting member who appears via telephone, real-time
2051 videoconferencing, or similar real-time electronic or video
2052 communication that is broadcast publicly at the meeting location
2053 may be counted toward the quorum requirement if at least one
2054 third of the voting members of the regional planning council are
2055 physically present at the meeting location. A member must
2056 provide oral, written, or electronic notice of his or her intent
2057 to appear via telephone, real-time videoconferencing, or similar
2058 real-time electronic or video communication to the regional
2059 planning council at least 24 hours before the scheduled meeting.
2060 Section 58. Subsection (9) of section 120.65, Florida
2061 Statutes, is amended to read:
2062 120.65 Administrative law judges.—
2063 (9) The division shall be reimbursed for administrative law
2064 judge services and travel expenses by the following entities:
2065 water management districts, regional planning councils, school
2066 districts, community colleges, the Division of Florida Colleges,
2067 state universities, the Board of Governors of the State
2068 University System, the State Board of Education, the Florida
2069 School for the Deaf and the Blind, and the Commission for
2070 Independent Education. These entities shall contract with the
2071 division to establish a contract rate for services and
2072 provisions for reimbursement of administrative law judge travel
2073 expenses and video teleconferencing expenses attributable to
2074 hearings conducted on behalf of these entities. The contract
2075 rate must be based on a total-cost-recovery methodology.
2076 Section 59. Subsections (43) and (47) of section 163.3164,
2077 Florida Statutes, are amended to read:
2078 163.3164 Community Planning Act; definitions.—As used in
2079 this act:
2080 (43) “Regional planning agency” means the council created
2081 pursuant to chapter 186.
2082 (46)(47) “Structure” has the same meaning as in s. 380.031
2083 s. 380.031(19).
2084 Section 60. Paragraph (h) of subsection (6) of section
2085 163.3177, Florida Statutes, is amended to read:
2086 163.3177 Required and optional elements of comprehensive
2087 plan; studies and surveys.—
2088 (6) In addition to the requirements of subsections (1)-(5),
2089 the comprehensive plan must shall include the following
2090 elements:
2091 (h)1. An intergovernmental coordination element showing
2092 relationships and stating principles and guidelines to be used
2093 in coordinating the adopted comprehensive plan with the plans of
2094 school boards, regional water supply authorities, and other
2095 units of local government providing services but not having
2096 regulatory authority over the use of land, with the
2097 comprehensive plans of adjacent municipalities, the county,
2098 adjacent counties, or the region, with the state comprehensive
2099 plan and with the applicable regional water supply plan approved
2100 pursuant to s. 373.709, as the case may require and as such
2101 adopted plans or plans in preparation may exist. This element of
2102 the local comprehensive plan must demonstrate consideration of
2103 the particular effects of the local plan, when adopted, upon the
2104 development of adjacent municipalities, the county, adjacent
2105 counties, or the region, or upon the state comprehensive plan,
2106 as the case may require.
2107 a. The intergovernmental coordination element must provide
2108 procedures for identifying and implementing joint planning
2109 areas, especially for the purpose of annexation, municipal
2110 incorporation, and joint infrastructure service areas.
2111 b. The intergovernmental coordination element must shall
2112 provide for a dispute resolution process, as established
2113 pursuant to s. 186.509, for bringing intergovernmental disputes
2114 to closure in a timely manner.
2115 c. The intergovernmental coordination element must shall
2116 provide for interlocal agreements as established pursuant to s.
2117 333.03(1)(b).
2118 2. The intergovernmental coordination element must shall
2119 also state principles and guidelines to be used in coordinating
2120 the adopted comprehensive plan with the plans of school boards
2121 and other units of local government providing facilities and
2122 services but not having regulatory authority over the use of
2123 land. In addition, the intergovernmental coordination element
2124 must describe joint processes for collaborative planning and
2125 decisionmaking on population projections and public school
2126 siting, the location and extension of public facilities subject
2127 to concurrency, and siting facilities with countywide
2128 significance, including locally unwanted land uses whose nature
2129 and identity are established in an agreement.
2130 3. Within 1 year after adopting their intergovernmental
2131 coordination elements, each county, all the municipalities
2132 within that county, the district school board, and any unit of
2133 local government service providers in that county shall
2134 establish by interlocal or other formal agreement executed by
2135 all affected entities, the joint processes described in this
2136 subparagraph consistent with their adopted intergovernmental
2137 coordination elements. The agreement must:
2138 a. Ensure that the local government addresses through
2139 coordination mechanisms the impacts of development proposed in
2140 the local comprehensive plan upon development in adjacent
2141 municipalities, the county, adjacent counties, the region, and
2142 the state. The area of concern for municipalities must shall
2143 include adjacent municipalities, the county, and counties
2144 adjacent to the municipality. The area of concern for counties
2145 must shall include all municipalities within the county,
2146 adjacent counties, and adjacent municipalities.
2147 b. Ensure coordination in establishing level of service
2148 standards for public facilities with any state, regional, or
2149 local entity having operational and maintenance responsibility
2150 for such facilities.
2151 Section 61. Subsection (5) of section 163.3178, Florida
2152 Statutes, is amended to read:
2153 163.3178 Coastal management.—
2154 (5) A The appropriate dispute resolution process provided
2155 under s. 186.509 must be used to reconcile inconsistencies
2156 between port master plans and local comprehensive plans. In
2157 recognition of the state’s commitment to deepwater ports, the
2158 state comprehensive plan must include goals, objectives, and
2159 policies that establish a statewide strategy for enhancement of
2160 existing deepwater ports, ensuring that priority is given to
2161 water-dependent land uses. As an incentive for promoting plan
2162 consistency, port facilities as defined in s. 315.02(6) on lands
2163 owned or controlled by a deepwater port as defined in s.
2164 311.09(1), as of the effective date of this act are shall not be
2165 subject to development-of-regional-impact review provided the
2166 port either successfully completes an alternative comprehensive
2167 development agreement with a local government pursuant to ss.
2168 163.3220-163.3243 or successfully enters into a development
2169 agreement with the state land planning agency and applicable
2170 local government pursuant to s. 380.032 or, where the port is a
2171 department of a local government, successfully enters into a
2172 development agreement with the state land planning agency
2173 pursuant to s. 380.032. Port facilities as defined in s.
2174 315.02(6) on lands not owned or controlled by a deepwater port
2175 as defined in s. 311.09(1) as of the effective date of this act
2176 are shall not be subject to development-of-regional-impact
2177 review provided the port successfully enters into a development
2178 agreement with the state land planning agency and applicable
2179 local government pursuant to s. 380.032 or, where the port is a
2180 department of a local government, successfully enters into a
2181 development agreement with the state land planning agency
2182 pursuant to s. 380.032.
2183 Section 62. Paragraph (c) of subsection (1) and paragraph
2184 (b) of subsection (3) of section 163.3184, Florida Statutes, are
2185 amended to read:
2186 163.3184 Process for adoption of comprehensive plan or plan
2187 amendment.—
2188 (1) DEFINITIONS.—As used in this section, the term:
2189 (c) “Reviewing agencies” means:
2190 1. The state land planning agency;
2191 2. The appropriate regional planning council;
2192 2.3. The appropriate water management district;
2193 3.4. The Department of Environmental Protection;
2194 4.5. The Department of State;
2195 5.6. The Department of Transportation;
2196 6.7. In the case of plan amendments relating to public
2197 schools, the Department of Education;
2198 7.8. In the case of plans or plan amendments that affect a
2199 military installation listed in s. 163.3175, the commanding
2200 officer of the affected military installation;
2201 8.9. In the case of county plans and plan amendments, the
2202 Fish and Wildlife Conservation Commission and the Department of
2203 Agriculture and Consumer Services; and
2204 9.10. In the case of municipal plans and plan amendments,
2205 the county in which the municipality is located.
2206 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
2207 COMPREHENSIVE PLAN AMENDMENTS.—
2208 (b)1. The local government, after the initial public
2209 hearing held pursuant to subsection (11), shall transmit within
2210 10 working days the amendment or amendments and appropriate
2211 supporting data and analyses to the reviewing agencies. The
2212 local governing body shall also transmit a copy of the
2213 amendments and supporting data and analyses to any other local
2214 government or governmental agency that has filed a written
2215 request with the governing body.
2216 2. The reviewing agencies and any other local government or
2217 governmental agency specified in subparagraph 1. may provide
2218 comments regarding the amendment or amendments to the local
2219 government. State agencies shall only comment on important state
2220 resources and facilities that will be adversely impacted by the
2221 amendment if adopted. Comments provided by state agencies shall
2222 state with specificity how the plan amendment will adversely
2223 impact an important state resource or facility and shall
2224 identify measures the local government may take to eliminate,
2225 reduce, or mitigate the adverse impacts. Such comments, if not
2226 resolved, may result in a challenge by the state land planning
2227 agency to the plan amendment. Agencies and local governments
2228 must transmit their comments to the affected local government
2229 such that they are received by the local government not later
2230 than 30 days after the date on which the agency or government
2231 received the amendment or amendments. Reviewing agencies shall
2232 also send a copy of their comments to the state land planning
2233 agency.
2234 3. Comments to the local government from a regional
2235 planning council, county, or municipality are shall be limited
2236 as follows:
2237 a. The regional planning council review and comments shall
2238 be limited to adverse effects on regional resources or
2239 facilities identified in the strategic regional policy plan and
2240 extrajurisdictional impacts that would be inconsistent with the
2241 comprehensive plan of any affected local government within the
2242 region. A regional planning council may not review and comment
2243 on a proposed comprehensive plan amendment prepared by such
2244 council unless the plan amendment has been changed by the local
2245 government subsequent to the preparation of the plan amendment
2246 by the regional planning council.
2247 b. County comments must shall be in the context of the
2248 relationship and effect of the proposed plan amendments on the
2249 county plan.
2250 b.c. Municipal comments must shall be in the context of the
2251 relationship and effect of the proposed plan amendments on the
2252 municipal plan.
2253 c.d. Military installation comments must shall be provided
2254 in accordance with s. 163.3175.
2255 4. Comments to the local government from state agencies
2256 must shall be limited to the following subjects as they relate
2257 to important state resources and facilities that will be
2258 adversely impacted by the amendment if adopted:
2259 a. The Department of Environmental Protection shall limit
2260 its comments to the subjects of air and water pollution;
2261 wetlands and other surface waters of the state; federal and
2262 state-owned lands and interest in lands, including state parks,
2263 greenways and trails, and conservation easements; solid waste;
2264 water and wastewater treatment; and the Everglades ecosystem
2265 restoration.
2266 b. The Department of State shall limit its comments to the
2267 subjects of historic and archaeological resources.
2268 c. The Department of Transportation shall limit its
2269 comments to issues within the agency’s jurisdiction as it
2270 relates to transportation resources and facilities of state
2271 importance.
2272 d. The Fish and Wildlife Conservation Commission shall
2273 limit its comments to subjects relating to fish and wildlife
2274 habitat and listed species and their habitat.
2275 e. The Department of Agriculture and Consumer Services
2276 shall limit its comments to the subjects of agriculture,
2277 forestry, and aquaculture issues.
2278 f. The Department of Education shall limit its comments to
2279 the subject of public school facilities.
2280 g. The appropriate water management district shall limit
2281 its comments to flood protection and floodplain management,
2282 wetlands and other surface waters, and regional water supply.
2283 h. The state land planning agency shall limit its comments
2284 to important state resources and facilities outside the
2285 jurisdiction of other commenting state agencies and may include
2286 comments on countervailing planning policies and objectives
2287 served by the plan amendment that should be balanced against
2288 potential adverse impacts to important state resources and
2289 facilities.
2290 Section 63. Subsection (2) of section 163.3245, Florida
2291 Statutes, is amended to read:
2292 163.3245 Sector plans.—
2293 (2) The Upon the request of a local government having
2294 jurisdiction, the applicable regional planning council shall
2295 conduct a scoping meeting with affected local governments and
2296 those agencies identified in s. 163.3184(1)(c) before
2297 preparation of the sector plan. The purpose of this meeting is
2298 to assist the state land planning agency and the local
2299 government in the identification of the relevant planning issues
2300 to be addressed and the data and resources available to assist
2301 in the preparation of the sector plan. If a scoping meeting is
2302 conducted, the regional planning council shall make written
2303 recommendations to the state land planning agency and affected
2304 local governments on the issues requested by the local
2305 government. The scoping meeting must shall be noticed and open
2306 to the public. If the entire planning area proposed for the
2307 sector plan is within the jurisdiction of two or more local
2308 governments, some or all of them may enter into a joint planning
2309 agreement pursuant to s. 163.3171 with respect to the geographic
2310 area to be subject to the sector plan, the planning issues that
2311 will be emphasized, procedures for intergovernmental
2312 coordination to address extrajurisdictional impacts, supporting
2313 application materials including data and analysis, procedures
2314 for public participation, or other issues.
2315 Section 64. Paragraph (i) of subsection (2) of section
2316 163.568, Florida Statutes, is amended to read:
2317 163.568 Purposes and powers.—
2318 (2) The authority is granted the authority to exercise all
2319 powers necessary, appurtenant, convenient, or incidental to the
2320 carrying out of the aforesaid purposes, including, but not
2321 limited to, the following rights and powers:
2322 (i) To develop transportation plans, and to coordinate its
2323 planning and programs with those of appropriate municipal,
2324 county, and state agencies and other political subdivisions of
2325 the state. All transportation plans are subject to review and
2326 approval by the Department of Transportation and by the regional
2327 planning agency, if any, for consistency with programs or
2328 planning for the area and region.
2329 Section 65. Subsection (2) of section 164.1031, Florida
2330 Statutes, is amended to read:
2331 164.1031 Definitions.—For purposes of this act:
2332 (2) “Regional governmental entities” includes regional
2333 planning councils, metropolitan planning organizations, water
2334 supply authorities that include more than one county, local
2335 health councils, water management districts, and other regional
2336 entities that are authorized and created by general or special
2337 law that have duties or responsibilities extending beyond the
2338 jurisdiction of a single county.
2339 Section 66. Subsection (5) of section 186.003, Florida
2340 Statutes, is amended to read:
2341 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
2342 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
2343 (5) “Regional planning agency” means the regional planning
2344 council created pursuant to ss. 186.501-186.515 to exercise
2345 responsibilities under ss. 186.001-186.031 and 186.801-186.901
2346 in a particular region of the state.
2347 Section 67. Subsection (7) of section 186.006, Florida
2348 Statutes, is amended to read:
2349 186.006 Powers and responsibilities of Executive Office of
2350 the Governor.—For the purpose of establishing consistency and
2351 uniformity in the state and regional planning process and in
2352 order to ensure that the intent of ss. 186.001-186.031 and
2353 186.801-186.901 is accomplished, the Executive Office of the
2354 Governor shall:
2355 (7) Act as the state clearinghouse and designate the
2356 regional planning councils as the regional data clearinghouses.
2357 Section 68. Subsections (7) and (8) of section 186.007,
2358 Florida Statutes, are amended to read:
2359 186.007 State comprehensive plan; preparation; revision.—
2360 (7) In preparing and revising the state comprehensive plan,
2361 the Executive Office of the Governor shall, to the extent
2362 feasible, consider studies, reports, and plans of each
2363 department, agency, and institution of state and local
2364 government, each regional planning agency, and the Federal
2365 Government and shall take into account the existing and
2366 prospective resources, capabilities, and needs of state and
2367 local levels of government.
2368 (8) The revision of the state comprehensive plan is a
2369 continuing process. Each section of the plan must shall be
2370 reviewed and analyzed biennially by the Executive Office of the
2371 Governor in conjunction with the planning officers of other
2372 state agencies significantly affected by the provisions of the
2373 particular section under review. In conducting this review and
2374 analysis, the Executive Office of the Governor shall review and
2375 consider, with the assistance of the state land planning agency,
2376 any relevant reports, data, or analyses and regional planning
2377 councils, the evaluation and appraisal reports prepared pursuant
2378 to s. 186.511. Any necessary revisions of the state
2379 comprehensive plan shall be proposed by the Governor in a
2380 written report and be accompanied by an explanation of the need
2381 for such changes. If the Governor determines that changes are
2382 unnecessary, the written report must explain why changes are
2383 unnecessary. The proposed revisions and accompanying
2384 explanations may be submitted in the report required by s.
2385 186.031. Any proposed revisions to the plan must shall be
2386 submitted to the Legislature as provided in s. 186.008(2) at
2387 least 30 days before prior to the regular legislative session
2388 occurring in each even-numbered year.
2389 Section 69. Subsection (1) of section 186.008, Florida
2390 Statutes, is amended to read:
2391 186.008 State comprehensive plan; revision;
2392 implementation.—
2393 (1) On or before October 1 of every odd-numbered year, the
2394 Executive Office of the Governor shall prepare, and the Governor
2395 shall recommend to the Administration Commission, any proposed
2396 revisions to the state comprehensive plan deemed necessary. The
2397 Governor shall transmit his or her recommendations and
2398 explanation as required by s. 186.007(8). Copies must shall also
2399 be provided to each state agency, to each regional planning
2400 agency, to any other unit of government that requests a copy,
2401 and to any member of the public who requests a copy.
2402 Section 70. Section 186.803, Florida Statutes, is amended
2403 to read:
2404 186.803 Use of geographic information by governmental
2405 entities.—When state agencies, water management districts,
2406 regional planning councils, local governments, and other
2407 governmental entities use maps, including geographic information
2408 maps and other graphic information materials, as the source of
2409 data for planning or any other purposes, they must take into
2410 account that the accuracy and reliability of such maps and data
2411 may be limited by various factors, including the scale of the
2412 maps, the timeliness and accuracy of the underlying information,
2413 the availability of more accurate site-specific information, and
2414 the presence or absence of ground truthing or peer review of the
2415 underlying information contained in such maps and other graphic
2416 information. This section does not apply to maps adopted
2417 pursuant to part II of chapter 163.
2418 Section 71. Paragraph (b) of subsection (20) and paragraph
2419 (b) of subsection (21) of section 187.201, Florida Statutes, are
2420 amended to read:
2421 187.201 State Comprehensive Plan adopted.—The Legislature
2422 hereby adopts as the State Comprehensive Plan the following
2423 specific goals and policies:
2424 (20) GOVERNMENTAL EFFICIENCY.—
2425 (b) Policies.—
2426 1. Encourage greater cooperation between, among, and within
2427 all levels of Florida government through the use of appropriate
2428 interlocal agreements and mutual participation for mutual
2429 benefit.
2430 2. Allow the creation of independent special taxing
2431 districts which have uniform general law standards and
2432 procedures and do not overburden other governments and their
2433 taxpayers while preventing the proliferation of independent
2434 special taxing districts which do not meet these standards.
2435 3. Encourage the use of municipal services taxing units and
2436 other dependent special districts to provide needed
2437 infrastructure where the fiscal capacity exists to support such
2438 an approach.
2439 4. Eliminate regulatory activities that are not tied to
2440 specific public and natural resource protection needs.
2441 5. Eliminate needless duplication of, and promote
2442 cooperation in, governmental activities between, among, and
2443 within state, regional, county, city, and other governmental
2444 units.
2445 6. Ensure, wherever possible, that the geographic
2446 boundaries of water management districts, regional planning
2447 councils, and substate districts of the executive departments
2448 are shall be coterminous for related state or agency programs
2449 and functions and promote interagency agreements in order to
2450 reduce the number of districts and councils with jurisdiction in
2451 any one county.
2452 7. Encourage and provide for the restructuring of city and
2453 county political jurisdictions with the goals of greater
2454 efficiency and high-quality and more equitable and responsive
2455 public service programs.
2456 8. Replace multiple, small scale, economically inefficient
2457 local public facilities with regional facilities where they are
2458 proven to be more economical, particularly in terms of energy
2459 efficiency, and yet can retain the quality of service expected
2460 by the public.
2461 9. Encourage greater efficiency and economy at all levels
2462 of government through adoption and implementation of effective
2463 records management, information management, and evaluation
2464 procedures.
2465 10. Throughout government, establish citizen management
2466 efficiency groups and internal management groups to make
2467 recommendations for greater operating efficiencies and improved
2468 management practices.
2469 11. Encourage governments to seek outside contracting on a
2470 competitive-bid basis when cost-effective and appropriate.
2471 12. Discourage undue expansion of state government and make
2472 every effort to streamline state government in a cost-effective
2473 manner.
2474 13. Encourage joint venture solutions to mutual problems
2475 between levels of government and private enterprise.
2476 (21) THE ECONOMY.—
2477 (b) Policies.—
2478 1. Attract new job-producing industries, corporate
2479 headquarters, distribution and service centers, regional
2480 offices, and research and development facilities to provide
2481 quality employment for the residents of Florida.
2482 2. Promote entrepreneurship, small and small and minority
2483 owned business startups, and business startups in rural or urban
2484 areas as described in s. 288.703 by providing technical and
2485 information resources, facilitating capital formation, and
2486 removing regulatory restraints which are unnecessary for the
2487 protection of consumers and society.
2488 3. Maintain, as one of the state’s primary economic assets,
2489 the environment, including clean air and water, beaches,
2490 forests, historic landmarks, and agricultural and natural
2491 resources.
2492 4. Strengthen Florida’s position in the world economy
2493 through attracting foreign investment and promoting
2494 international banking and trade.
2495 5. Build on the state’s attractiveness to make it a leader
2496 in the visual and performing arts and in all phases of film,
2497 television, and recording production.
2498 6. Promote economic development for Florida residents
2499 through partnerships among education, business, industry,
2500 agriculture, and the arts.
2501 7. Provide increased opportunities for training Florida’s
2502 workforce to provide skilled employees for new and expanding
2503 business.
2504 8. Promote economic self-sufficiency through training and
2505 educational programs which result in productive employment.
2506 9. Promote cooperative employment arrangements between
2507 private employers and public sector employment efforts to
2508 provide productive, permanent employment opportunities for
2509 public assistance recipients through provisions of education
2510 opportunities, tax incentives, and employment training.
2511 10. Provide for nondiscriminatory employment opportunities.
2512 11. Provide quality child day care for public assistance
2513 families and others who need it in order to work.
2514 12. Encourage the development of a business climate that
2515 provides opportunities for the growth and expansion of existing
2516 state industries, particularly those industries which are
2517 compatible with Florida’s environment.
2518 13. Promote coordination among Florida’s ports to increase
2519 their utilization.
2520 14. Encourage the full utilization by businesses of the
2521 economic development enhancement programs implemented by the
2522 Legislature for the purpose of extensively involving private
2523 businesses in the development and expansion of permanent job
2524 opportunities, especially for the economically disadvantaged,
2525 through the utilization of enterprise zones, community
2526 development corporations, and other programs designed to enhance
2527 economic and employment opportunities.
2528 Section 72. Paragraph (c) of subsection (1) and subsection
2529 (2) of section 218.32, Florida Statutes, are amended to read:
2530 218.32 Annual financial reports; local governmental
2531 entities.—
2532 (1)
2533 (c) Each regional planning council created under s.
2534 186.504, each local government finance commission, board, or
2535 council, and each municipal power corporation created as a
2536 separate legal or administrative entity by interlocal agreement
2537 under s. 163.01(7) shall submit to the department a copy of its
2538 audit report and an annual financial report for the previous
2539 fiscal year in a format prescribed by the department.
2540 (2) The department shall annually by December 1 file a
2541 verified report with the Governor, the Legislature, the Auditor
2542 General, and the Special District Accountability Program of the
2543 Department of Commerce showing the revenues, both locally
2544 derived and derived from intergovernmental transfers, and the
2545 expenditures of each local governmental entity, regional
2546 planning council, local government finance commission, and
2547 municipal power corporation that is required to submit an annual
2548 financial report. In preparing the verified report, the
2549 department may request additional information from the local
2550 governmental entity. The information requested must be provided
2551 to the department within 45 days after the request. If the local
2552 governmental entity does not comply with the request, the
2553 department shall notify the Legislative Auditing Committee,
2554 which may take action pursuant to s. 11.40(2). The report must
2555 include, but is not limited to:
2556 (a) The total revenues and expenditures of each local
2557 governmental entity that is a component unit included in the
2558 annual financial report of the reporting entity.
2559 (b) The amount of outstanding long-term debt by each local
2560 governmental entity. For purposes of this paragraph, the term
2561 “long-term debt” means any agreement or series of agreements to
2562 pay money, which, at inception, contemplate terms of payment
2563 exceeding 1 year in duration.
2564 Section 73. Section 255.101, Florida Statutes, is amended
2565 to read:
2566 255.101 Contracts for public construction works;
2567 utilization of minority business enterprises.—
2568 (1) All county officials, boards of county commissioners,
2569 school boards, city councils, city commissioners, and all other
2570 public officers of state boards or commissions which are charged
2571 with the letting of contracts for public works and for the
2572 construction of public bridges, buildings, and other structures
2573 shall operate in accordance with s. 287.093, except that all
2574 contracts for the construction of state facilities should comply
2575 with provisions in s. 287.09451, and rules adopted pursuant
2576 thereto, for the utilization of rural or urban minority business
2577 enterprises. When construction is financed in whole or in part
2578 from federal funds and where federal provisions for utilization
2579 of rural or urban minority business enterprises apply, this
2580 section may shall not apply.
2581 (2) Counties, municipalities, and special districts as
2582 defined in chapter 189, or other political subdivisions of the
2583 state are encouraged to be sensitive to the effect of job-size
2584 barriers on rural or urban minority businesses. To this end,
2585 these governmental entities are encouraged to competitively
2586 award public construction projects exceeding $100,000.
2587 Section 74. Section 255.102, Florida Statutes, is amended
2588 to read:
2589 255.102 Contractor utilization of rural or urban minority
2590 business enterprises.—
2591 (1) Agencies shall consider the use of price preferences,
2592 weighted preference formulas, or other preferences for
2593 construction contracts, as determined appropriate by the Office
2594 of Supplier Development Diversity to increase minority
2595 participation in rural or urban areas.
2596 (2) The Office of Supplier Development Diversity, in
2597 collaboration with the Board of Governors of the State
2598 University System, shall adopt rules to determine what is a
2599 “good faith effort” for purposes of contractor compliance with
2600 rural or urban areas minority participation goals established
2601 for competitively awarded building and construction projects.
2602 Pro forma efforts may shall not be considered good faith.
2603 Factors which must shall be considered by the state agency in
2604 determining whether a contractor has made good faith efforts
2605 shall include, but not be limited to:
2606 (a) Whether the contractor attended any presolicitation or
2607 prebid meetings that were scheduled by the agency to inform
2608 rural or urban minority business enterprises of contracting and
2609 subcontracting opportunities.
2610 (b) Whether the contractor advertised in general
2611 circulation, trade association, or rural-focused or urban
2612 focused minority-focus media concerning the subcontracting
2613 opportunities.
2614 (c) Whether the contractor provided written notice to all
2615 relevant subcontractors listed on the minority vendor list for
2616 that locality and statewide as provided by the agency as of the
2617 date of issuance of the invitation to bid, that their interest
2618 in the contract was being solicited in sufficient time to allow
2619 the rural or urban minority business enterprises to participate
2620 effectively.
2621 (d) Whether the contractor followed up initial
2622 solicitations of interest by contacting rural or urban minority
2623 business enterprises, the Office of Supplier Development
2624 Diversity, or minority persons who responded and provided
2625 detailed information about prebid meetings, access to plans,
2626 specifications, contractor’s project manager, subcontractor
2627 bonding, if any, payment schedule, bid addenda, and other
2628 assistance provided by the contractor to enhance rural or urban
2629 minority business enterprise participation.
2630 (e) Whether the contractor selected portions of the work to
2631 be performed by rural or urban minority business enterprises in
2632 order to increase the likelihood of meeting the rural or urban
2633 minority business enterprise procurement goals, including, where
2634 appropriate, breaking down contracts into economically feasible
2635 units to facilitate rural or urban minority business enterprise
2636 participation under reasonable and economical conditions of
2637 performance.
2638 (f) Whether the contractor provided the Office of Supplier
2639 Development Diversity as well as interested rural or urban
2640 minority business enterprises or minority persons with adequate
2641 information about the plans, specifications, and requirements of
2642 the contract or the availability of jobs at a time no later than
2643 when such information was provided to other subcontractors.
2644 (g) Whether the contractor negotiated in good faith with
2645 interested rural or urban minority business enterprises or
2646 minority persons, not rejecting rural or urban minority business
2647 enterprises or minority persons as unqualified without sound
2648 reasons based on a thorough investigation of their capabilities
2649 or imposing implausible conditions of performance on the
2650 contract.
2651 (h) Whether the contractor diligently seeks to replace a
2652 rural or urban minority business enterprise subcontractor that
2653 is unable to perform successfully with another rural or urban
2654 minority business enterprise.
2655 (i) Whether the contractor effectively used the services of
2656 available rural or urban minority community organizations; rural
2657 or urban minority contractors’ groups; local, state, and federal
2658 rural or urban minority business assistance offices; and other
2659 organizations that provide assistance in the recruitment and
2660 placement of rural or urban minority business enterprises or
2661 minority persons.
2662 (3) If an agency considers any other criteria in
2663 determining whether a contractor has made a good faith effort,
2664 the agency must shall adopt such criteria in accordance with s.
2665 120.54, and, where required by that section, by rule, after May
2666 31, 1994. In adopting such criteria, the agency shall identify
2667 the specific factors in as objective a manner as possible to be
2668 used to assess a contractor’s performance against said criteria.
2669 (4) Notwithstanding the provisions of s. 287.09451 to the
2670 contrary, agencies shall monitor good faith efforts of
2671 contractors in competitively awarded building and construction
2672 projects, in accordance with rules established pursuant to this
2673 section. It is the responsibility of the contractor to exercise
2674 good faith efforts in accordance with rules established pursuant
2675 to this section, and to provide documentation necessary to
2676 assess efforts to include rural or urban minority business
2677 participation.
2678 Section 75. Paragraph (a) of subsection (7) of section
2679 258.501, Florida Statutes, is amended to read:
2680 258.501 Myakka River; wild and scenic segment.—
2681 (7) MANAGEMENT COORDINATING COUNCIL.—
2682 (a) Upon designation, the department shall create a
2683 permanent council to provide interagency and intergovernmental
2684 coordination in the management of the river. The coordinating
2685 council shall be composed of one representative appointed from
2686 each of the following: the department, the Department of
2687 Transportation, the Fish and Wildlife Conservation Commission,
2688 the Department of Commerce, the Florida Forest Service of the
2689 Department of Agriculture and Consumer Services, the Division of
2690 Historical Resources of the Department of State, the Tampa Bay
2691 Regional Planning Council, the Southwest Florida Water
2692 Management District, the Southwest Florida Regional Planning
2693 Council, Manatee County, Sarasota County, Charlotte County, the
2694 City of Sarasota, the City of North Port, agricultural
2695 interests, environmental organizations, and any others deemed
2696 advisable by the department.
2697 Section 76. Subsections (1) and (3) of section 260.0142,
2698 Florida Statutes, are amended to read:
2699 260.0142 Florida Greenways and Trails Council; composition;
2700 powers and duties.—
2701 (1) There is created within the department the Florida
2702 Greenways and Trails Council which shall advise the department
2703 in the execution of the department’s powers and duties under
2704 this chapter. The council shall be composed of 19 21 members,
2705 consisting of:
2706 (a)1. Five Six members appointed by the Governor, with two
2707 members representing the trail user community, two members
2708 representing the greenway user community, one member from the
2709 board of the Florida Wildlife Corridor Foundation, and one
2710 member representing private landowners.
2711 2. Three members appointed by the President of the Senate,
2712 with one member representing the trail user community and two
2713 members representing the greenway user community.
2714 3. Three members appointed by the Speaker of the House of
2715 Representatives, with two members representing the trail user
2716 community and one member representing the greenway user
2717 community.
2718
2719 Those eligible to represent the trail user community shall be
2720 chosen from, but not be limited to, paved trail users, hikers,
2721 off-road bicyclists, users of off-highway vehicles, paddlers,
2722 equestrians, disabled outdoor recreational users, and commercial
2723 recreational interests. Those eligible to represent the greenway
2724 user community must be chosen from, but not be limited to,
2725 conservation organizations, nature study organizations, and
2726 scientists and university experts.
2727 (b) The 8 9 remaining members include:
2728 1. The Secretary of Environmental Protection or a designee.
2729 2. The executive director of the Fish and Wildlife
2730 Conservation Commission or a designee.
2731 3. The Secretary of Transportation or a designee.
2732 4. The Director of the Florida Forest Service of the
2733 Department of Agriculture and Consumer Services or a designee.
2734 5. The director of the Division of Historical Resources of
2735 the Department of State or a designee.
2736 6. A representative of the water management districts.
2737 Membership on the council must rotate among the five districts.
2738 The districts shall determine the order of rotation.
2739 7. A representative of a federal land management agency.
2740 The Secretary of Environmental Protection shall identify the
2741 appropriate federal agency and request designation of a
2742 representative from the agency to serve on the council.
2743 8. A representative of the regional planning councils to be
2744 appointed by the Secretary of Environmental Protection.
2745 Membership on the council must rotate among the seven regional
2746 planning councils. The regional planning councils shall
2747 determine the order of rotation.
2748 8.9. A representative of local governments to be appointed
2749 by the Secretary of Environmental Protection. Membership must
2750 alternate between a county representative and a municipal
2751 representative.
2752 (3) The term of all appointees shall be for 2 years unless
2753 otherwise specified. The appointees of the Governor, the
2754 President of the Senate, and the Speaker of the House of
2755 Representatives may be reappointed for no more than four
2756 consecutive terms. The representatives of the water management
2757 districts, regional planning councils, and local governments may
2758 be reappointed for no more than two consecutive terms. All other
2759 appointees shall serve until replaced.
2760 Section 77. Subsections (8), (9), and (12) of section
2761 287.057, Florida Statutes, are amended to read:
2762 287.057 Procurement of commodities or contractual
2763 services.—
2764 (8)(a) In order to strive to meet the rural or urban
2765 minority business enterprise procurement goals set forth in s.
2766 287.09451, an agency may reserve any contract for competitive
2767 solicitation only among certified rural or urban minority
2768 business enterprises. Agencies shall review all their contracts
2769 each fiscal year and shall determine which contracts may be
2770 reserved for solicitation only among certified rural or urban
2771 minority business enterprises. This reservation may only be used
2772 when it is determined, by reasonable and objective means, before
2773 the solicitation that there are capable, qualified certified
2774 rural or urban minority business enterprises available to submit
2775 a bid, proposal, or reply on a contract to provide for effective
2776 competition. The Office of Supplier Development Diversity shall
2777 consult with any agency in reaching such determination when
2778 deemed appropriate.
2779 (b) Before a contract may be reserved for solicitation only
2780 among certified rural or urban minority business enterprises,
2781 the agency head must find that such a reservation is in the best
2782 interests of the state. All determinations are shall be subject
2783 to s. 287.09451(5). Once a decision has been made to reserve a
2784 contract, but before sealed bids, proposals, or replies are
2785 requested, the agency shall estimate what it expects the amount
2786 of the contract to be, based on the nature of the services or
2787 commodities involved and their value under prevailing market
2788 conditions. If all the sealed bids, proposals, or replies
2789 received are over this estimate, the agency may reject the bids,
2790 proposals, or replies and request new ones from certified rural
2791 or urban minority business enterprises, or the agency may reject
2792 the bids, proposals, or replies and reopen the bidding to all
2793 eligible vendors.
2794 (c) All agencies shall consider the use of price
2795 preferences of up to 10 percent, weighted preference formulas,
2796 or other preferences for vendors as determined appropriate
2797 pursuant to guidelines established in accordance with s.
2798 287.09451(4) to increase the participation of certified rural or
2799 urban minority business enterprises.
2800 (d) All agencies shall avoid any undue concentration of
2801 contracts or purchases in categories of commodities or
2802 contractual services in order to meet the certified rural or
2803 urban minority business enterprise purchasing goals in s.
2804 287.09451.
2805 (9) An agency may reserve any contract for competitive
2806 solicitation only among vendors who agree to use certified rural
2807 or urban minority business enterprises as subcontractors or
2808 subvendors. The percentage of funds, in terms of gross contract
2809 amount and revenues, which must be expended with the certified
2810 rural or urban minority business enterprise subcontractors and
2811 subvendors shall be determined by the agency before such
2812 contracts may be reserved. In order to bid on a contract so
2813 reserved, the vendor shall identify those certified rural or
2814 urban minority business enterprises which will be utilized as
2815 subcontractors or subvendors by sworn statement. At the time of
2816 performance or project completion, the contractor shall report
2817 by sworn statement the payments and completion of work for all
2818 certified rural or urban minority business enterprises used in
2819 the contract.
2820 (12) If two equal responses to a solicitation or a request
2821 for quote are received and one response is from a certified
2822 rural or urban minority business enterprise, the agency must
2823 shall enter into a contract with the certified rural or urban
2824 minority business enterprise.
2825 Section 78. Section 287.0943, Florida Statutes, is amended
2826 to read:
2827 287.0943 Certification of rural or urban minority business
2828 enterprises.—
2829 (1) A business certified by any local governmental
2830 jurisdiction or organization shall be accepted by the Department
2831 of Management Services, Office of Supplier Development
2832 Diversity, as a certified rural or urban minority business
2833 enterprise for purposes of doing business with state government
2834 when the Office of Supplier Development Diversity determines
2835 that the state’s rural or urban minority business enterprise
2836 certification criteria are applied in the local certification
2837 process.
2838 (2)(a) The office is hereby directed to convene a “Rural or
2839 Urban Minority Business Certification Task Force.” The task
2840 force shall meet as often as necessary, but no less frequently
2841 than annually.
2842 (b) The task force shall be regionally balanced and
2843 comprised of officials representing the department, counties,
2844 municipalities, school boards, special districts, and other
2845 political subdivisions of the state who administer programs to
2846 assist rural or urban minority businesses in procurement or
2847 development in government-sponsored programs. The following
2848 organizations may appoint two members each of the task force who
2849 fit the description above:
2850 1. The Florida League of Cities, Inc.
2851 2. The Florida Association of Counties.
2852 3. The Florida School Boards Association, Inc.
2853 4. The Association of Special Districts.
2854 5. The Florida Association of Minority Business Enterprise
2855 Officials.
2856 6. The Florida Association of Government Purchasing
2857 Officials.
2858
2859 In addition, the Office of Supplier Development Diversity shall
2860 appoint seven members consisting of three representatives of
2861 rural or urban minority business enterprises, one of whom should
2862 be a woman business owner, two officials of the office, and two
2863 at-large members to ensure balance. A quorum shall consist of
2864 one-third of the current members, and the task force may take
2865 action by majority vote. Any vacancy may only be filled by the
2866 organization or agency originally authorized to appoint the
2867 position.
2868 (c) The purpose of the task force will be to propose
2869 uniform criteria and procedures by which participating entities
2870 and organizations can qualify businesses to participate in
2871 procurement or contracting programs as certified rural or urban
2872 minority business enterprises in accordance with the
2873 certification criteria established by law.
2874 (d) A final list of the criteria and procedures proposed by
2875 the task force shall be considered by the secretary. The task
2876 force may seek technical assistance from qualified providers of
2877 technical, business, and managerial expertise to ensure the
2878 reliability of the certification criteria developed.
2879 (e) In assessing the status of ownership and control,
2880 certification criteria shall, at a minimum:
2881 1. Link ownership by a minority person owning a business
2882 enterprise in a rural or urban area as defined in s. 288.703, or
2883 as dictated by the legal obligations of a certifying
2884 organization, to day-to-day control and financial risk by the
2885 qualifying minority owner, and to demonstrated expertise or
2886 licensure of an a minority owner in any trade or profession that
2887 the rural or urban minority business enterprise will offer to
2888 the state when certified. Businesses must comply with all state
2889 licensing requirements before becoming certified as a rural or
2890 urban minority business enterprise.
2891 2. If present ownership was obtained by transfer, require
2892 the minority person on whom eligibility is based to have owned
2893 at least 51 percent of the applicant firm for a minimum of 2
2894 years, when any previous majority ownership interest in the firm
2895 was by a nonminority who is or was a relative, former employer,
2896 or current employer of the minority person on whom eligibility
2897 is based. This requirement does not apply to minority persons
2898 who are otherwise eligible who take a 51-percent-or-greater
2899 interest in a firm that requires professional licensure to
2900 operate and who will be the qualifying licenseholder for the
2901 firm when certified. A transfer made within a related immediate
2902 family group from a nonminority person to a minority person in
2903 order to establish ownership by a minority person shall be
2904 deemed to have been made solely for purposes of satisfying
2905 certification criteria and shall render such ownership invalid
2906 for purposes of qualifying for such certification if the
2907 combined total net asset value of all members of such family
2908 group exceeds $1 million. For purposes of this subparagraph, the
2909 term “related immediate family group” means one or more children
2910 under 16 years of age and a parent of such children or the
2911 spouse of such parent residing in the same house or living unit.
2912 3. Require that prospective certified rural or urban
2913 minority business enterprises be currently performing or seeking
2914 to perform a useful business function. A “useful business
2915 function” is defined as a business function which results in the
2916 provision of materials, supplies, equipment, or services to
2917 customers. Acting as a conduit to transfer funds to a non-rural
2918 or a non-urban nonminority business does not constitute a useful
2919 business function unless it is done so in a normal industry
2920 practice. As used in this section, the term “acting as a
2921 conduit” means, in part, not acting as a regular dealer by
2922 making sales of material, goods, or supplies from items bought,
2923 kept in stock, and regularly sold to the public in the usual
2924 course of business. Brokers, manufacturer’s representatives,
2925 sales representatives, and nonstocking distributors are
2926 considered as conduits that do not perform a useful business
2927 function, unless normal industry practice dictates.
2928 (f) When a business receives payments or awards exceeding
2929 $100,000 in one fiscal year, a review of its certification
2930 status or an audit will be conducted within 2 years. In
2931 addition, random reviews or audits will be conducted as deemed
2932 appropriate by the Office of Supplier Development Diversity.
2933 (g) The certification criteria approved by the task force
2934 and adopted by the Department of Management Services must shall
2935 be included in a statewide and interlocal agreement as defined
2936 in s. 287.09431 and, in accordance with s. 163.01, shall be
2937 executed according to the terms included therein.
2938 (h) The certification procedures should allow an applicant
2939 seeking certification to designate on the application form the
2940 information the applicant considers to be proprietary,
2941 confidential business information. As used in this paragraph,
2942 “proprietary, confidential business information” includes, but
2943 is not limited to, any information that would be exempt from
2944 public inspection pursuant to the provisions of chapter 119;
2945 trade secrets; internal auditing controls and reports; contract
2946 costs; or other information the disclosure of which would injure
2947 the affected party in the marketplace or otherwise violate s.
2948 286.041. The executor in receipt of the application shall issue
2949 written and final notice of any information for which
2950 noninspection is requested but not provided for by law.
2951 (i) A business that is certified under the provisions of
2952 the statewide and interlocal agreement is shall be deemed a
2953 certified rural or urban minority enterprise in all
2954 jurisdictions or organizations where the agreement is in effect,
2955 and that business is deemed available to do business as such
2956 within any such jurisdiction or with any such organization
2957 statewide. All state agencies must accept rural or urban
2958 minority business enterprises certified in accordance with the
2959 statewide and interlocal agreement of s. 287.09431, and that
2960 business shall also be deemed a “certified rural or urban
2961 minority business enterprise” as defined in s. 288.703. However,
2962 any governmental jurisdiction or organization that administers a
2963 minority business purchasing program may reserve the right to
2964 establish further certification procedures necessary to comply
2965 with federal law.
2966 (j) The statewide and interlocal agreement must shall be
2967 guided by the terms and conditions found therein and may be
2968 amended at any meeting of the task force and subsequently
2969 adopted by the secretary of the Department of Management
2970 Services. The amended agreement must be enacted, initialed, and
2971 legally executed by at least two-thirds of the certifying
2972 entities party to the existing agreement and adopted by the
2973 state as originally executed in order to bind the certifying
2974 entity.
2975 (k) The task force shall meet for the first time no later
2976 than 45 days after the effective date of this act.
2977 (3)(a) The office shall review and evaluate the
2978 certification programs and procedures of all prospective
2979 executors of the statewide and interlocal agreement to determine
2980 whether if their programs exhibit the capacity to meet the
2981 standards of the agreement.
2982 (b) The evaluations shall, at a minimum, consider: the
2983 certifying entity’s capacity to conduct investigations of
2984 applicants seeking certification under the designated criteria;
2985 the ability of the certifying entity to collect the requisite
2986 data and to establish adequate protocol to store and exchange
2987 said information among the executors of the agreement and to
2988 provide adequate security to prevent unauthorized access to
2989 information gathered during the certification process; and the
2990 degree to which any legal obligations or supplemental
2991 requirements unique to the certifying entity exceed the capacity
2992 of that entity to conduct certifications.
2993 (c) Any firms certified by organizations or governmental
2994 entities determined not to meet the state certification criteria
2995 may shall not be eligible to participate as certified rural or
2996 urban minority business enterprises in the rural or urban
2997 minority business assistance programs of the state. For a period
2998 of 1 year from the effective date of this legislation, the
2999 executor of the statewide and interlocal agreement may elect to
3000 accept only rural or urban minority business enterprises
3001 certified pursuant to criteria in place at the time the
3002 agreement was signed. After the 1-year period, either party may
3003 elect to withdraw from the agreement without further notice.
3004 (d) Any organizations or governmental entities determined
3005 by the office not to meet the standards of the agreement may
3006 shall not be eligible to execute the statewide and interlocal
3007 agreement as a participating organization until approved by the
3008 office.
3009 (e) Any participating program receiving three or more
3010 challenges to its certification decisions pursuant to subsection
3011 (4) from other organizations that are executors to the statewide
3012 and interlocal agreement, shall be subject to a review by the
3013 office, as provided in paragraphs (a) and (b), of the
3014 organization’s capacity to perform under such agreement and in
3015 accordance with the core criteria established by the task force.
3016 The office shall submit a report to the secretary of the
3017 Department of Management Services regarding the results of the
3018 review.
3019 (f) The office shall maintain a directory of all executors
3020 of the statewide and interlocal agreement. The directory should
3021 be communicated to the general public.
3022 (4) A certification may be challenged by any executor to
3023 the statewide and interlocal agreement upon the grounds of
3024 failure by the certifying organization to adhere to the adopted
3025 criteria or to the certifying organization’s rules and
3026 procedures, or on the grounds of a misrepresentation or fraud by
3027 the certified rural or urban minority business enterprise. The
3028 challenge must shall proceed according to procedures specified
3029 in the agreement.
3030 (5)(a) The secretary of the Department of Management
3031 Services shall execute the statewide and interlocal agreement
3032 established under s. 287.09431 on behalf of the state. The
3033 office shall certify rural or urban minority business
3034 enterprises in accordance with the laws of this state and, by
3035 affidavit, shall recertify such rural or urban minority business
3036 enterprises not less than once each year.
3037 (b) The office shall contract with parties to the statewide
3038 and interlocal agreement to perform onsite visits associated
3039 with state certifications.
3040 (6)(a) The office shall maintain up-to-date records of all
3041 certified rural or urban minority business enterprises, as
3042 defined in s. 288.703, and of applications for certification
3043 that were denied and shall make this list available to all
3044 agencies. The office shall, for statistical purposes, collect
3045 and track subgroupings of gender and nationality status for each
3046 certified rural or urban minority business enterprise. Agency
3047 spending shall also be tracked for these subgroups. The records
3048 may include information about certified rural or urban minority
3049 business enterprises that provide legal services, auditing
3050 services, and health services. Agencies shall use this list in
3051 efforts to meet the certified rural or urban minority business
3052 enterprise procurement goals set forth in s. 287.09451.
3053 (b) The office shall establish and administer a
3054 computerized data bank to carry out the requirements of
3055 paragraph (a), to be available to all executors of the statewide
3056 and interlocal agreement. Data maintained in the data bank must
3057 shall be sufficient to allow each executor to reasonably monitor
3058 certifications it has issued.
3059 (7) The office shall identify rural or urban minority
3060 business enterprises eligible for certification in all areas of
3061 state services and commodities purchasing. The office may
3062 contract with a private firm or other agency, if necessary, in
3063 seeking to identify rural or urban minority business enterprises
3064 for certification. Agencies may request the office to identify
3065 certifiable rural or urban minority business enterprises that
3066 are in the business of providing a given service or commodity;
3067 the office shall respond to such requests and seek out such
3068 certifiable rural or urban minority business enterprises.
3069 (8) The office shall adopt rules necessary to implement
3070 this section.
3071 (9) State agencies shall comply with this act except to the
3072 extent that the requirements of this act are in conflict with
3073 federal law.
3074 (10) Any transfer of ownership or permanent change in the
3075 management and daily operations of a certified rural or urban
3076 minority business enterprise which may affect certification must
3077 be reported to the original certifying jurisdiction or entity
3078 and to the office within 14 days of the transfer or change
3079 taking place. In the event of a transfer of ownership, the
3080 transferee seeking to do business with the state as a certified
3081 rural or urban minority business enterprise is responsible for
3082 such reporting. In the event of a permanent change in the
3083 management and daily operations, owners seeking to do business
3084 with the state as a certified rural or urban minority business
3085 enterprise are responsible for reporting such change to the
3086 office. Any person violating the provisions of this subsection
3087 commits shall be guilty of a misdemeanor of the first degree,
3088 punishable as provided in s. 775.082 or s. 775.083.
3089 (11) To deter fraud in the program, the Auditor General may
3090 review the criteria by which a business became certified as a
3091 certified rural or urban minority business enterprise.
3092 (12) Any executor of the statewide and interlocal agreement
3093 may revoke the certification or recertification of a firm doing
3094 business as a certified rural or urban minority business
3095 enterprise if the rural or urban minority business enterprise
3096 does not meet the requirements of the jurisdiction or certifying
3097 entity that certified or recertified the firm as a certified
3098 rural or urban minority business enterprise, or the requirements
3099 of subsection (2), s. 288.703(2), and any rule of the office or
3100 the Department of Management Services or if the business
3101 acquired certification or recertification by means of falsely
3102 representing any entity as a rural or urban minority business
3103 enterprise for purposes of qualifying for certification or
3104 recertification.
3105 (13) Unless permanently revoked, a certified rural or urban
3106 minority business enterprise for which certification or
3107 recertification has been revoked may not apply or reapply for
3108 certification or recertification for a minimum of 36 months
3109 after the date of the notice of revocation.
3110 (14)(a) Except for certification decisions issued by the
3111 Office of Supplier Development Diversity, an executor to the
3112 statewide and interlocal agreement shall, in accordance with its
3113 rules and procedures:
3114 1. Give reasonable notice to affected persons or parties of
3115 its decision to deny certification based on failure to meet
3116 eligibility requirements of the statewide and interlocal
3117 agreement of s. 287.09431, together with a summary of the
3118 grounds therefor.
3119 2. Give affected persons or parties an opportunity, at a
3120 convenient time and place, to present to the agency written or
3121 oral evidence in opposition to the action or of the executor’s
3122 refusal to act.
3123 3. Give a written explanation of any subsequent decision of
3124 the executor overruling the objections.
3125 (b) An applicant that is denied rural or urban minority
3126 business enterprise certification based on failure to meet
3127 eligibility requirements of the statewide and interlocal
3128 agreement pursuant to s. 287.09431 may not reapply for
3129 certification or recertification until at least 6 months after
3130 the date of the notice of the denial of certification or
3131 recertification.
3132 (15) The office shall adopt rules in compliance with this
3133 part.
3134 Section 79. Paragraph (d) of subsection (3) of section
3135 287.055, Florida Statutes, is amended to read:
3136 287.055 Acquisition of professional architectural,
3137 engineering, landscape architectural, or surveying and mapping
3138 services; definitions; procedures; contingent fees prohibited;
3139 penalties.—
3140 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—
3141 (d) Each agency shall evaluate professional services,
3142 including capabilities, adequacy of personnel, past record,
3143 experience, whether the firm is a certified minority business
3144 enterprise as defined by the Florida Small and Minority Business
3145 Assistance Act, and other factors determined by the agency to be
3146 applicable to its particular requirements. When securing
3147 professional services, an agency must endeavor to meet the
3148 minority business enterprise procurement goals under s.
3149 287.09451.
3150 Section 80. Section 288.7031, Florida Statutes, is amended
3151 to read:
3152 288.7031 Application of certain definitions.—The
3153 definitions of “small business,” and “certified rural or urban
3154 minority business enterprise,” and “certified minority business
3155 enterprise” provided in s. 288.703 apply to the state and all
3156 political subdivisions of the state.
3157 Section 81. Paragraph (f) of subsection (2), paragraph (c)
3158 of subsection (4), and subsections (7) and (8), and (9) of
3159 section 288.975, Florida Statutes, are amended to read:
3160 288.975 Military base reuse plans.—
3161 (2) As used in this section, the term:
3162 (f) “Regional policy plan” means a strategic regional
3163 policy plan that has been adopted by rule by a regional planning
3164 council pursuant to s. 186.508.
3165 (4)
3166 (c) Military base reuse plans shall identify projected
3167 impacts to significant regional resources and natural resources
3168 of regional significance as identified by applicable regional
3169 planning councils in their regional policy plans and the actions
3170 that shall be taken to mitigate such impacts.
3171 (7) A military base reuse plan must shall be consistent
3172 with the comprehensive plan of the host local government and may
3173 shall not conflict with the comprehensive plan of any affected
3174 local governments. A military base reuse plan must shall be
3175 consistent with the nonprocedural requirements of part II of
3176 chapter 163 and rules adopted thereunder, applicable regional
3177 policy plans, and the state comprehensive plan.
3178 (8) At the request of a host local government, the
3179 department shall coordinate a presubmission workshop concerning
3180 a military base reuse plan within the boundaries of the host
3181 jurisdiction. Agencies that must shall participate in the
3182 workshop shall include any affected local governments; the
3183 Department of Environmental Protection; the department; the
3184 Department of Transportation; the Department of Health; the
3185 Department of Children and Families; the Department of Juvenile
3186 Justice; the Department of Agriculture and Consumer Services;
3187 the Department of State; the Fish and Wildlife Conservation
3188 Commission; and any applicable water management districts and
3189 regional planning councils. The purposes of the workshop are
3190 shall be to assist the host local government to understand
3191 issues of concern to the above listed entities pertaining to the
3192 military base site and to identify opportunities for better
3193 coordination of planning and review efforts with the information
3194 and analyses generated by the federal environmental impact
3195 statement process and the federal community base reuse planning
3196 process.
3197 (9) If a host local government elects to use the optional
3198 provisions of this act, it shall, no later than 12 months after
3199 notifying the agencies of its intent pursuant to subsection (3)
3200 either:
3201 (a) Send a copy of the proposed military base reuse plan
3202 for review to any affected local governments; the Department of
3203 Environmental Protection; the department; the Department of
3204 Transportation; the Department of Health; the Department of
3205 Children and Families; the Department of Juvenile Justice; the
3206 Department of Agriculture and Consumer Services; the Department
3207 of State; the Fish and Wildlife Conservation Commission; and any
3208 applicable water management districts and regional planning
3209 councils, or
3210 (b) Petition the department for an extension of the
3211 deadline for submitting a proposed reuse plan. Such an extension
3212 request must be justified by changes or delays in the closure
3213 process by the federal Department of Defense or for reasons
3214 otherwise deemed to promote the orderly and beneficial planning
3215 of the subject military base reuse. The department may grant
3216 extensions to the required submission date of the reuse plan.
3217 Section 82. Subsection (4) of section 290.004, Florida
3218 Statutes, is amended to read:
3219 290.004 Definitions relating to Florida Enterprise Zone
3220 Act.—As used in ss. 290.001-290.016:
3221 (4) “Minority business enterprise” has the same meaning as
3222 provided in s. 287.012 s. 288.703.
3223 Section 83. Paragraph (b) of subsection (26) of section
3224 320.08058, Florida Statutes, is amended to read:
3225 320.08058 Specialty license plates.—
3226 (26) TAMPA BAY ESTUARY LICENSE PLATES.—
3227 (b) The annual use fees shall be distributed to the Tampa
3228 Bay Estuary Program created by s. 163.01.
3229 1. A maximum of 5 percent of such fees may be used for
3230 marketing the plate.
3231 2. Twenty percent of the proceeds from the annual use fee,
3232 not to exceed $50,000, shall be provided to the Tampa Bay
3233 Regional Planning Council for activities of the Agency on Bay
3234 Management implementing the Council/Agency Action Plan for the
3235 restoration of the Tampa Bay estuary, as approved by the Tampa
3236 Bay Estuary Program Policy Board.
3237 2.3. The remaining proceeds must be used to implement the
3238 Comprehensive Conservation and Management Plan for Tampa Bay,
3239 pursuant to priorities approved by the Tampa Bay Estuary Program
3240 Policy Board.
3241 Section 84. Subsection (3) of section 320.63, Florida
3242 Statutes, is amended to read:
3243 320.63 Application for license; contents.—Any person
3244 desiring to be licensed pursuant to ss. 320.60-320.70 shall make
3245 application therefor to the department upon a form containing
3246 such information as the department requires. The department
3247 shall require, with such application or otherwise and from time
3248 to time, all of the following, which information may be
3249 considered by the department in determining the fitness of the
3250 applicant or licensee to engage in the business for which the
3251 applicant or licensee desires to be licensed:
3252 (3) From each manufacturer, distributor, or importer which
3253 utilizes an identical blanket basic agreement for its dealers or
3254 distributors in this state, which agreement comprises all or any
3255 part of the applicant’s or licensee’s agreements with motor
3256 vehicle dealers in this state, a copy of the written agreement
3257 and all supplements thereto, together with a list of the
3258 applicant’s or licensee’s authorized dealers or distributors and
3259 their addresses. The applicant or licensee shall further notify
3260 the department immediately of the appointment of any additional
3261 dealer or distributor. The applicant or licensee shall annually
3262 report to the department on its efforts to add new minority
3263 dealer points, including difficulties encountered under ss.
3264 320.61-320.70. For purposes of this section “minority” shall
3265 have the same meaning as that given it in the definition of
3266 “minority person” in s. 287.0931(2) s. 288.703. Not later than
3267 60 days before the date a revision or modification to a
3268 franchise agreement is offered uniformly to a licensee’s motor
3269 vehicle dealers in this state, the licensee shall notify the
3270 department of such revision, modification, or addition to the
3271 franchise agreement on file with the department. In no event may
3272 a franchise agreement, or any addendum or supplement thereto, be
3273 offered to a motor vehicle dealer in this state until the
3274 applicant or licensee files an affidavit with the department
3275 acknowledging that the terms or provisions of the agreement, or
3276 any related document, are not inconsistent with, prohibited by,
3277 or contrary to the provisions contained in ss. 320.60-320.70.
3278 Any franchise agreement offered to a motor vehicle dealer in
3279 this state shall provide that all terms and conditions in such
3280 agreement inconsistent with the law and rules of this state are
3281 of no force and effect.
3282 Section 85. Paragraph (b) of subsection (3) of section
3283 335.188, Florida Statutes, is amended to read:
3284 335.188 Access management standards; access control
3285 classification system; criteria.—
3286 (3) The control classification system shall be developed
3287 consistent with the following:
3288 (b) The access control classification system shall be
3289 developed in cooperation with counties, municipalities, the
3290 state land planning agency, regional planning councils,
3291 metropolitan planning organizations, and other local
3292 governmental entities.
3293 Section 86. Paragraph (b) of subsection (4) of section
3294 339.155, Florida Statutes, is amended to read:
3295 339.155 Transportation planning.—
3296 (4) ADDITIONAL TRANSPORTATION PLANS.—
3297 (b) Each regional planning council, as provided for in s.
3298 186.504, or any successor agency thereto, shall develop, as an
3299 element of its strategic regional policy plan, transportation
3300 goals and policies. The transportation goals and policies must
3301 be prioritized to comply with the prevailing principles provided
3302 in subsection (1) and s. 334.046(1). The transportation goals
3303 and policies shall be consistent, to the maximum extent
3304 feasible, with the goals and policies of the metropolitan
3305 planning organization and the Florida Transportation Plan. The
3306 transportation goals and policies of the regional planning
3307 council will be advisory only and shall be submitted to the
3308 department and any affected metropolitan planning organization
3309 for their consideration and comments. Metropolitan planning
3310 organization plans and other local transportation plans shall be
3311 developed consistent, to the maximum extent feasible, with the
3312 regional transportation goals and policies.
3313 Section 87. Paragraph (g) of subsection (6) of section
3314 339.175, Florida Statutes, is amended to read:
3315 339.175 Metropolitan planning organization.—
3316 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
3317 privileges, and authority of an M.P.O. are those specified in
3318 this section or incorporated in an interlocal agreement
3319 authorized under s. 163.01. Each M.P.O. shall perform all acts
3320 required by federal or state laws or rules, now and subsequently
3321 applicable, which are necessary to qualify for federal aid. It
3322 is the intent of this section that each M.P.O. be involved in
3323 the planning and programming of transportation facilities,
3324 including, but not limited to, airports, intercity and high
3325 speed rail lines, seaports, and intermodal facilities, to the
3326 extent permitted by state or federal law. An M.P.O. may not
3327 perform project production or delivery for capital improvement
3328 projects on the State Highway System.
3329 (g) Each M.P.O. shall have an executive or staff director
3330 who reports directly to the M.P.O. governing board for all
3331 matters regarding the administration and operation of the M.P.O.
3332 and any additional personnel as deemed necessary. The executive
3333 director and any additional personnel may be employed either by
3334 an M.P.O. or by another governmental entity, such as a county,
3335 or city, or regional planning council, that has a staff services
3336 agreement signed and in effect with the M.P.O. Each M.P.O. may
3337 enter into contracts with local or state agencies, private
3338 planning firms, private engineering firms, or other public or
3339 private entities to accomplish its transportation planning and
3340 programming duties and administrative functions.
3341 Section 88. Subsection (6) of section 339.285, Florida
3342 Statutes, is amended to read:
3343 339.285 Enhanced Bridge Program for Sustainable
3344 Transportation.—
3345 (6) Preference shall be given to bridge projects located on
3346 corridors that connect to the Strategic Intermodal System,
3347 created under s. 339.64, and that have been identified as
3348 regionally significant in accordance with s. 339.155(4)(b), (c),
3349 and (d) s. 339.155(4)(c), (d), and (e).
3350 Section 89. Subsections (3) and (4) of section 339.63,
3351 Florida Statutes, are amended to read:
3352 339.63 System facilities designated; additions and
3353 deletions.—
3354 (3) After the initial designation of the Strategic
3355 Intermodal System under subsection (1), the department shall, in
3356 coordination with the metropolitan planning organizations, local
3357 governments, regional planning councils, transportation
3358 providers, and affected public agencies, add facilities to or
3359 delete facilities from the Strategic Intermodal System described
3360 in paragraphs (2)(b) and (c) based upon criteria adopted by the
3361 department.
3362 (4) After the initial designation of the Strategic
3363 Intermodal System under subsection (1), the department shall, in
3364 coordination with the metropolitan planning organizations, local
3365 governments, regional planning councils, transportation
3366 providers, and affected public agencies, add facilities to or
3367 delete facilities from the Strategic Intermodal System described
3368 in paragraph (2)(a) based upon criteria adopted by the
3369 department. However, an airport that is designated as a reliever
3370 airport to a Strategic Intermodal System airport which has at
3371 least 75,000 itinerant operations per year, has a runway length
3372 of at least 5,500 linear feet, is capable of handling aircraft
3373 weighing at least 60,000 pounds with a dual wheel configuration
3374 which is served by at least one precision instrument approach,
3375 and serves a cluster of aviation-dependent industries, shall be
3376 designated as part of the Strategic Intermodal System by the
3377 Secretary of Transportation upon the request of a reliever
3378 airport meeting this criteria.
3379 Section 90. Subsection (1) and paragraph (a) of subsection
3380 (3) of section 339.64, Florida Statutes, are amended to read:
3381 339.64 Strategic Intermodal System Plan.—
3382 (1) The department shall develop, in cooperation with
3383 metropolitan planning organizations, regional planning councils,
3384 local governments, and other transportation providers, a
3385 Strategic Intermodal System Plan. The plan shall be consistent
3386 with the Florida Transportation Plan developed pursuant to s.
3387 339.155 and shall be updated at least once every 5 years,
3388 subsequent to updates of the Florida Transportation Plan.
3389 (3)(a) During the development of updates to the Strategic
3390 Intermodal System Plan, the department shall provide
3391 metropolitan planning organizations, regional planning councils,
3392 local governments, transportation providers, affected public
3393 agencies, and citizens with an opportunity to participate in and
3394 comment on the development of the update.
3395 Section 91. Subsection (1) of section 341.041, Florida
3396 Statutes, is amended to read:
3397 341.041 Transit responsibilities of the department.—The
3398 department shall, within the resources provided pursuant to
3399 chapter 216:
3400 (1) Develop a statewide plan that provides for public
3401 transit and intercity bus service needs at least 5 years in
3402 advance. The plan shall be developed in a manner that will
3403 assure maximum use of existing facilities, and optimum
3404 integration and coordination of the various modes of
3405 transportation, including both governmentally owned and
3406 privately owned resources, in the most cost-effective manner
3407 possible. The plan shall also incorporate plans adopted by local
3408 and regional planning agencies which are consistent, to the
3409 maximum extent feasible, with adopted strategic policy plans and
3410 approved local government comprehensive plans for the region and
3411 units of local government covered by the plan and shall, insofar
3412 as practical, conform to federal planning requirements. The plan
3413 shall be consistent with the goals of the Florida Transportation
3414 Plan developed pursuant to s. 339.155.
3415 Section 92. Paragraph (m) of subsection (3) of section
3416 343.54, Florida Statutes, is amended to read:
3417 343.54 Powers and duties.—
3418 (3) The authority may exercise all powers necessary,
3419 appurtenant, convenient, or incidental to the carrying out of
3420 the aforesaid purposes, including, but not limited to, the
3421 following rights and powers:
3422 (m) To cooperate with other governmental entities and to
3423 contract with other governmental agencies, including the
3424 Department of Transportation, the Federal Government, regional
3425 planning councils, counties, and municipalities.
3426 Section 93. Paragraphs (c) and (d) of subsection (1) of
3427 section 366.93, Florida Statutes, are amended to read:
3428 366.93 Cost recovery for the siting, design, licensing, and
3429 construction of nuclear and integrated gasification combined
3430 cycle power plants.—
3431 (1) As used in this section, the term:
3432 (c) “Integrated gasification combined cycle power plant” or
3433 “plant” means an electrical power plant as defined in s. 403.503
3434 s. 403.503(14) which uses synthesis gas produced by integrated
3435 gasification technology.
3436 (d) “Nuclear power plant” or “plant” means an electrical
3437 power plant as defined in s. 403.503 s. 403.503(14) which uses
3438 nuclear materials for fuel.
3439 Section 94. Subsection (1) of section 369.303, Florida
3440 Statutes, is amended to read:
3441 369.303 Definitions.—As used in this part:
3442 (1) “Council” means the East Central Florida Regional
3443 Planning Council.
3444 Section 95. Subsection (3) of section 369.307, Florida
3445 Statutes, is amended to read:
3446 369.307 Developments of regional impact in the Wekiva River
3447 Protection Area; land acquisition.—
3448 (3) The Wekiva River Protection Area is hereby declared to
3449 be a natural resource of state and regional importance. The St.
3450 Johns River Water Management District East Central Florida
3451 Regional Planning Council shall adopt policies that as part of
3452 its strategic regional policy plan and regional issues list
3453 which will protect the water quantity, water quality, hydrology,
3454 wetlands, aquatic and wetland-dependent wildlife species,
3455 habitat of all species designated pursuant to rules 39-27.003,
3456 39-27.004, and 39-27.005, Florida Administrative Code, and
3457 native vegetation in the Wekiva River Protection Area. The water
3458 management district council shall also cooperate with the
3459 department in the department’s implementation of the provisions
3460 of s. 369.305.
3461 Section 96. Paragraph (e) of subsection (1) of section
3462 373.309, Florida Statutes, is amended to read:
3463 373.309 Authority to adopt rules and procedures.—
3464 (1) The department shall adopt, and may from time to time
3465 amend, rules governing the location, construction, repair, and
3466 abandonment of water wells and shall be responsible for the
3467 administration of this part. With respect thereto, the
3468 department shall:
3469 (e) Encourage prevention of potable water well
3470 contamination and promote cost-effective remediation of
3471 contaminated potable water supplies by use of the Water Quality
3472 Assurance Trust Fund as provided in s. 376.307(1)(e) and
3473 establish by rule:
3474 1. Delineation of areas of groundwater contamination for
3475 implementation of well location and construction, testing,
3476 permitting, and clearance requirements as set forth in
3477 subparagraphs 2., 3., 4., 5., and 6. The department shall make
3478 available to water management districts, regional planning
3479 councils, the Department of Health, and county building and
3480 zoning departments, maps or other information on areas of
3481 contamination, including areas of ethylene dibromide
3482 contamination. Such maps or other information shall be made
3483 available to property owners, realtors, real estate
3484 associations, property appraisers, and other interested persons
3485 upon request and upon payment of appropriate costs.
3486 2. Requirements for testing for suspected contamination in
3487 areas of known contamination, as a prerequisite for clearance of
3488 a water well for drinking purposes. The department is authorized
3489 to establish criteria for acceptance of water quality testing
3490 results from the Department of Health and laboratories certified
3491 by the Department of Health, and is authorized to establish
3492 requirements for sample collection quality assurance.
3493 3. Requirements for mandatory connection to available
3494 potable water systems in areas of known contamination, wherein
3495 the department may prohibit the permitting and construction of
3496 new potable water wells.
3497 4. Location and construction standards for public and all
3498 other potable water wells permitted in areas of contamination.
3499 Such standards shall be designed to minimize the effects of such
3500 contamination.
3501 5. A procedure for permitting all potable water wells in
3502 areas of known contamination. Any new water well that is to be
3503 used for drinking water purposes and that does not meet
3504 construction standards pursuant to subparagraph 4. must be
3505 abandoned and plugged by the owner. Water management districts
3506 shall implement, through delegation from the department, the
3507 permitting and enforcement responsibilities of this
3508 subparagraph.
3509 6. A procedure for clearing for use all potable water
3510 wells, except wells that serve a public water supply system, in
3511 areas of known contamination. If contaminants are found upon
3512 testing pursuant to subparagraph 2., a well may not be cleared
3513 for use without a filter or other means of preventing the users
3514 of the well from being exposed to deleterious amounts of
3515 contaminants. The Department of Health shall implement the
3516 responsibilities of this subparagraph.
3517 7. Fees to be paid for well construction permits and
3518 clearance for use. The fees shall be based on the actual costs
3519 incurred by the water management districts, the Department of
3520 Health, or other political subdivisions in carrying out the
3521 responsibilities related to potable water well permitting and
3522 clearance for use. The fees shall provide revenue to cover all
3523 such costs and shall be set according to the following schedule:
3524 a. The well construction permit fee may not exceed $500.
3525 b. The clearance fee may not exceed $50.
3526 8. Procedures for implementing well-location, construction,
3527 testing, permitting, and clearance requirements as set forth in
3528 subparagraphs 2.-6. within areas that research or monitoring
3529 data indicate are vulnerable to contamination with nitrate, or
3530 areas in which the department provides a subsidy for restoration
3531 or replacement of contaminated drinking water supplies through
3532 extending existing water lines or developing new water supply
3533 systems pursuant to s. 376.307(1)(e). The department shall
3534 consult with the Florida Ground Water Association in the process
3535 of developing rules pursuant to this subparagraph.
3536
3537 All fees and funds collected by each delegated entity pursuant
3538 to this part shall be deposited in the appropriate operating
3539 account of that entity.
3540 Section 97. Subsections (1) and (2) of section 373.415,
3541 Florida Statutes, are amended to read:
3542 373.415 Protection zones; duties of the St. Johns River
3543 Water Management District.—
3544 (1) Not later than November 1, 1988, the St. Johns River
3545 Water Management District shall adopt rules establishing
3546 protection zones adjacent to the watercourses in the Wekiva
3547 River System, as designated in s. 369.303 s. 369.303(10). Such
3548 protection zones shall be sufficiently wide to prevent harm to
3549 the Wekiva River System, including water quality, water
3550 quantity, hydrology, wetlands, and aquatic and wetland-dependent
3551 wildlife species, caused by any of the activities regulated
3552 under this part. Factors on which the widths of the protection
3553 zones shall be based shall include, but not be limited to:
3554 (a) The biological significance of the wetlands and uplands
3555 adjacent to the designated watercourses in the Wekiva River
3556 System, including the nesting, feeding, breeding, and resting
3557 needs of aquatic species and wetland-dependent wildlife species.
3558 (b) The sensitivity of these species to disturbance,
3559 including the short-term and long-term adaptability to
3560 disturbance of the more sensitive species, both migratory and
3561 resident.
3562 (c) The susceptibility of these lands to erosion, including
3563 the slope, soils, runoff characteristics, and vegetative cover.
3564
3565 In addition, the rules may establish permitting thresholds,
3566 permitting exemptions, or general permits, if such thresholds,
3567 exemptions, or general permits do not allow significant adverse
3568 impacts to the Wekiva River System to occur individually or
3569 cumulatively.
3570 (2) Notwithstanding the provisions of s. 120.60, the St.
3571 Johns River Water Management District may shall not issue any
3572 permit under this part within the Wekiva River Protection Area,
3573 as defined in s. 369.303 s. 369.303(9), until the appropriate
3574 local government has provided written notification to the
3575 district that the proposed activity is consistent with the local
3576 comprehensive plan and is in compliance with any land
3577 development regulation in effect in the area where the
3578 development will take place. The district may, however, inform
3579 any property owner who makes a request for such information as
3580 to the location of the protection zone or zones on his or her
3581 property. However, if a development proposal is amended as the
3582 result of the review by the district, a permit may be issued
3583 before prior to the development proposal being returned, if
3584 necessary, to the local government for additional review.
3585 Section 98. Paragraph (k) of subsection (2) of section
3586 377.703, Florida Statutes, is amended to read:
3587 377.703 Additional functions of the Department of
3588 Agriculture and Consumer Services.—
3589 (2) DUTIES.—The department shall perform the following
3590 functions, unless as otherwise provided, consistent with the
3591 development of a state energy policy:
3592 (k) The department shall coordinate energy-related programs
3593 of state government, including, but not limited to, the programs
3594 provided in this section. To this end, the department shall:
3595 1. Provide assistance to other state agencies, counties,
3596 and municipalities, and regional planning agencies to further
3597 and promote their energy planning activities.
3598 2. Require, in cooperation with the Department of
3599 Management Services, all state agencies to operate state-owned
3600 and state-leased buildings in accordance with energy
3601 conservation standards as adopted by the Department of
3602 Management Services. Every 3 months, the Department of
3603 Management Services shall furnish the department data on
3604 agencies’ energy consumption and emissions of greenhouse gases
3605 in a format prescribed by the department.
3606 3. Promote the development and use of renewable energy
3607 resources, energy efficiency technologies, and conservation
3608 measures.
3609 4. Promote the recovery of energy from wastes, including,
3610 but not limited to, the use of waste heat, the use of
3611 agricultural products as a source of energy, and recycling of
3612 manufactured products. Such promotion shall be conducted in
3613 conjunction with, and after consultation with, the Department of
3614 Environmental Protection and the Florida Public Service
3615 Commission where electrical generation or natural gas is
3616 involved, and any other relevant federal, state, or local
3617 governmental agency having responsibility for resource recovery
3618 programs.
3619 Section 99. Subsection (3) of section 378.411, Florida
3620 Statutes, is amended to read:
3621 378.411 Certification to receive notices of intent to mine,
3622 to review, and to inspect for compliance.—
3623 (3) In making his or her determination, the secretary shall
3624 consult with the Department of Commerce, the appropriate
3625 regional planning council, and the appropriate water management
3626 district.
3627 Section 100. Subsection (15) of section 380.031, Florida
3628 Statutes, is amended to read:
3629 380.031 Definitions.—As used in this chapter:
3630 (15) “Regional planning agency” means the agency designated
3631 by the state land planning agency to exercise responsibilities
3632 under this chapter in a particular region of the state.
3633 Section 101. Subsection (2) of section 380.045, Florida
3634 Statutes, is amended to read:
3635 380.045 Resource planning and management committees;
3636 objectives; procedures.—
3637 (2) The committee must include, but is not limited to,
3638 representation from each of the following: elected officials
3639 from the local governments within the area under study; the
3640 planning office of each of the local governments within the area
3641 under study; the state land planning agency; any other state
3642 agency under chapter 20 a representative of which the Governor
3643 feels is relevant to the compilation of the committee; and a
3644 water management district, if appropriate, and regional planning
3645 council all or part of whose jurisdiction lies within the area
3646 under study. After the appointment of the members, the Governor
3647 shall select a chair and vice chair. A staff member of the state
3648 land planning agency shall be appointed by the secretary of such
3649 agency to serve as the secretary of the committee. The state
3650 land planning agency shall, to the greatest extent possible,
3651 provide technical assistance and administrative support to the
3652 committee. Meetings will be called as needed by the chair or on
3653 the demand of three or more members of the committee. The
3654 committee will act on a simple majority of a quorum present and
3655 shall make a report within 6 months to the head of the state
3656 land planning agency. The committee must, from the time of
3657 appointment, remain in existence for no less than 6 months.
3658 Section 102. Subsections (3), (4), (7), (8), and (12) of
3659 section 380.05, Florida Statutes, are amended to read:
3660 380.05 Areas of critical state concern.—
3661 (3) Each local government regional planning agency may
3662 recommend to the state land planning agency from time to time
3663 areas wholly or partially within its jurisdiction that meet the
3664 criteria for areas of critical state concern as defined in this
3665 section. Each regional planning agency shall solicit from the
3666 local governments within its jurisdiction suggestions as to
3667 areas to be recommended. A local government in an area where
3668 there is no regional planning agency may recommend to the state
3669 land planning agency from time to time areas wholly or partially
3670 within its jurisdiction that meet the criteria for areas of
3671 critical state concern as defined in this section. If the state
3672 land planning agency does not recommend to the commission as an
3673 area of critical state concern an area substantially similar to
3674 one that has been recommended, it must shall respond in writing
3675 as to its reasons therefor.
3676 (4) Before Prior to submitting any recommendation to the
3677 commission under subsection (1), the state land planning agency
3678 shall give notice to any committee appointed pursuant to s.
3679 380.045 and to all local governments and regional planning
3680 agencies that include within their boundaries any part of any
3681 area of critical state concern proposed to be designated by the
3682 rule, in addition to any notice otherwise required under chapter
3683 120.
3684 (7) The state land planning agency and any applicable
3685 regional planning agency shall, to the greatest extent possible,
3686 provide technical assistance to local governments in the
3687 preparation of the land development regulations and local
3688 comprehensive plan for areas of critical state concern.
3689 (8) If any local government fails to submit land
3690 development regulations or a local comprehensive plan, or if the
3691 regulations or plan or plan amendment submitted do not comply
3692 with the principles for guiding development set out in the rule
3693 designating the area of critical state concern, within 120 days
3694 after the adoption of the rule designating an area of critical
3695 state concern, or within 120 days after the issuance of a
3696 recommended order on the compliance of the plan or plan
3697 amendment pursuant to s. 163.3184, or within 120 days after the
3698 effective date of an order rejecting a proposed land development
3699 regulation, the state land planning agency must shall submit to
3700 the commission recommended land development regulations and a
3701 local comprehensive plan or portions thereof applicable to that
3702 local government’s portion of the area of critical state
3703 concern. Within 45 days following receipt of the recommendation
3704 from the agency, the commission shall either reject the
3705 recommendation as tendered or adopt the recommendation with or
3706 without modification, and by rule establish land development
3707 regulations and a local comprehensive plan applicable to that
3708 local government’s portion of the area of critical state
3709 concern. However, such rule may shall not become effective
3710 before prior to legislative review of an area of critical state
3711 concern pursuant to paragraph (1)(c). In the rule, the
3712 commission shall specify the extent to which its land
3713 development regulations, plans, or plan amendments will
3714 supersede, or will be supplementary to, local land development
3715 regulations and plans. Notice of any proposed rule issued under
3716 this section shall be given to all local governments and
3717 regional planning agencies in the area of critical state
3718 concern, in addition to any other notice required under chapter
3719 120. The land development regulations and local comprehensive
3720 plan adopted by the commission under this section may include
3721 any type of regulation and plan that could have been adopted by
3722 the local government. Any land development regulations or local
3723 comprehensive plan or plan amendments adopted by the commission
3724 under this section shall be administered by the local government
3725 as part of, or in the absence of, the local land development
3726 regulations and local comprehensive plan.
3727 (12) Upon the request of a substantially interested person
3728 pursuant to s. 120.54(7), a local government or regional
3729 planning agency within the designated area, or the state land
3730 planning agency, the commission may by rule remove, contract, or
3731 expand any designated boundary. Boundary expansions are subject
3732 to legislative review pursuant to paragraph (1)(c). No boundary
3733 may be modified without a specific finding by the commission
3734 that such changes are consistent with necessary resource
3735 protection. The total boundaries of an entire area of critical
3736 state concern may shall not be removed by the commission unless
3737 a minimum time of 1 year has elapsed from the adoption of
3738 regulations and a local comprehensive plan pursuant to
3739 subsection (1), subsection (6), subsection (8), or subsection
3740 (10). Before totally removing such boundaries, the commission
3741 shall make findings that the regulations and plans adopted
3742 pursuant to subsection (1), subsection (6), subsection (8), or
3743 subsection (10) are being effectively implemented by local
3744 governments within the area of critical state concern to protect
3745 the area and that adopted local government comprehensive plans
3746 within the area have been conformed to principles for guiding
3747 development for the area.
3748 Section 103. Subsection (3) of section 380.055, Florida
3749 Statutes, is amended to read:
3750 380.055 Big Cypress Area.—
3751 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big
3752 Cypress Area,” as defined in this subsection, is hereby
3753 designated as an area of critical state concern. “Big Cypress
3754 Area” means the area generally depicted on the map entitled
3755 “Boundary Map, Big Cypress National Freshwater Reserve,
3756 Florida,” numbered BC-91,001 and dated November 1971, which is
3757 on file and available for public inspection in the office of the
3758 National Park Service, Department of the Interior, Washington,
3759 D.C., and in the office of the Board of Trustees of the Internal
3760 Improvement Trust Fund, which is the area proposed as the
3761 Federal Big Cypress National Freshwater Reserve, Florida, and
3762 that area described as follows: Sections 1, 2, 11, 12 and 13 in
3763 Township 49 South, Range 31 East; and Township 49 South, Range
3764 32 East, less Sections 19, 30 and 31; and Township 49 South,
3765 Range 33 East; and Township 49 South, Range 34 East; and
3766 Sections 1 through 5 and 10 through 14 in Township 50 South,
3767 Range 32 East; and Sections 1 through 18 and 20 through 25 in
3768 Township 50 South, Range 33 East; and Township 50 South, Range
3769 34 East, less Section 31; and Sections 1 and 2 in Township 51
3770 South, Range 34 East; All in Collier County, Florida, which
3771 described area shall be known as the “Big Cypress National
3772 Preserve Addition, Florida,” together with such contiguous land
3773 and water areas as are ecologically linked with the Everglades
3774 National Park, certain of the estuarine fisheries of South
3775 Florida, or the freshwater aquifer of South Florida, the
3776 definitive boundaries of which shall be set in the following
3777 manner: Within 120 days following the effective date of this
3778 act, the state land planning agency shall recommend definitive
3779 boundaries for the Big Cypress Area to the Administration
3780 Commission, after giving notice to all local governments and
3781 regional planning agencies which include within their boundaries
3782 any part of the area proposed to be included in the Big Cypress
3783 Area and holding such hearings as the state land planning agency
3784 deems appropriate. Within 45 days following receipt of the
3785 recommended boundaries, the Administration Commission shall
3786 adopt, modify, or reject the recommendation and shall by rule
3787 establish the boundaries of the area defined as the Big Cypress
3788 Area.
3789 Section 104. Subsection (6) and paragraph (b) of subsection
3790 (12) of section 380.06, Florida Statutes, are amended to read:
3791 380.06 Developments of regional impact.—
3792 (6) REPORTS.—Notwithstanding any condition in a development
3793 order for an approved development of regional impact, the
3794 developer is not required to submit an annual or a biennial
3795 report on the development of regional impact to the local
3796 government, the regional planning agency, the state land
3797 planning agency, and all affected permit agencies unless
3798 required to do so by the local government that has jurisdiction
3799 over the development. The penalty for failure to file such a
3800 required report is as prescribed by the local government.
3801 (12) PROPOSED DEVELOPMENTS.—
3802 (b) This subsection does not apply to:
3803 1. Amendments to a development order governing an existing
3804 development of regional impact.
3805 2. An application for development approval filed with a
3806 concurrent plan amendment application pending as of May 14,
3807 2015, if the applicant elects to have the application reviewed
3808 pursuant to this section as it existed on that date. The
3809 election shall be in writing and filed with the affected local
3810 government, regional planning council, and the state land
3811 planning agency before December 31, 2018.
3812 Section 105. Subsection (2) of section 380.061, Florida
3813 Statutes, is amended to read:
3814 380.061 The Florida Quality Developments program.—
3815 (2) Following written notification to the state land
3816 planning agency and the appropriate regional planning agency, a
3817 local government with an approved Florida Quality Development
3818 within its jurisdiction must set a public hearing pursuant to
3819 its local procedures and shall adopt a local development order
3820 to replace and supersede the development order adopted by the
3821 state land planning agency for the Florida Quality Development.
3822 Thereafter, the Florida Quality Development shall follow the
3823 procedures and requirements for developments of regional impact
3824 as specified in this chapter.
3825 Section 106. Subsection (2) of section 380.07, Florida
3826 Statutes, is amended to read:
3827 380.07 Florida Land and Water Adjudicatory Commission.—
3828 (2) Whenever any local government issues any development
3829 order in any area of critical state concern, or in regard to the
3830 abandonment of any approved development of regional impact,
3831 copies of such orders as prescribed by rule by the state land
3832 planning agency shall be transmitted to the state land planning
3833 agency, the regional planning agency, and the owner or developer
3834 of the property affected by such order. The state land planning
3835 agency shall adopt rules describing development order rendition
3836 and effectiveness in designated areas of critical state concern.
3837 Within 45 days after the order is rendered, the owner, the
3838 developer, or the state land planning agency may appeal the
3839 order to the Florida Land and Water Adjudicatory Commission by
3840 filing a petition alleging that the development order is not
3841 consistent with this part.
3842 Section 107. Paragraph (c) of subsection (3) of section
3843 380.23, Florida Statutes, is amended to read:
3844 380.23 Federal consistency.—
3845 (3) Consistency review shall be limited to review of the
3846 following activities, uses, and projects to ensure that such
3847 activities, uses, and projects are conducted in accordance with
3848 the state’s coastal management program:
3849 (c) Federally licensed or permitted activities affecting
3850 land or water uses when such activities are in or seaward of the
3851 jurisdiction of local governments required to develop a coastal
3852 zone protection element as provided in s. 380.24 and when such
3853 activities involve:
3854 1. Permits and licenses required under the Rivers and
3855 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3856 2. Permits and licenses required under the Marine
3857 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3858 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3859 3. Permits and licenses required under the Federal Water
3860 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3861 amended, unless such permitting activities have been delegated
3862 to the state pursuant to said act.
3863 4. Permits and licenses relating to the transportation of
3864 hazardous substance materials or transportation and dumping
3865 which are issued pursuant to the Hazardous Materials
3866 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
3867 33 U.S.C. s. 1321, as amended.
3868 5. Permits and licenses required under 15 U.S.C. ss. 717
3869 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
3870 1331-1356 for construction and operation of interstate gas
3871 pipelines and storage facilities.
3872 6. Permits and licenses required for the siting and
3873 construction of any new electrical power plants as defined in s.
3874 403.503 s. 403.503(14), as amended, and the licensing and
3875 relicensing of hydroelectric power plants under the Federal
3876 Power Act, 16 U.S.C. ss. 791a et seq., as amended.
3877 7. Permits and licenses required under the Mining Law of
3878 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3879 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3880 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3881 amended; the Federal Land Policy and Management Act, 43 U.S.C.
3882 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3883 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3884 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3885 pipelines, geological and geophysical activities, or rights-of
3886 way on public lands and permits and licenses required under the
3887 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3888 amended.
3889 8. Permits and licenses for areas leased under the OCS
3890 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3891 leases and approvals of exploration, development, and production
3892 plans.
3893 9. Permits and licenses required under the Deepwater Port
3894 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3895 10. Permits required for the taking of marine mammals under
3896 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
3897 s. 1374.
3898 Section 108. Subsection (3) of section 380.507, Florida
3899 Statutes, is amended to read:
3900 380.507 Powers of the trust.—The trust shall have all the
3901 powers necessary or convenient to carry out the purposes and
3902 provisions of this part, including:
3903 (3) To provide technical and financial assistance to local
3904 governments, state agencies, water management districts,
3905 regional planning councils, and nonprofit agencies to carry out
3906 projects and activities and develop programs to achieve the
3907 purposes of this part.
3908 Section 109. Paragraph (b) of subsection (8) of section
3909 381.986, Florida Statutes, is amended to read:
3910 381.986 Medical use of marijuana.—
3911 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
3912 (b) An applicant for licensure as a medical marijuana
3913 treatment center shall apply to the department on a form
3914 prescribed by the department and adopted in rule. The department
3915 shall adopt rules pursuant to ss. 120.536(1) and 120.54
3916 establishing a procedure for the issuance and biennial renewal
3917 of licenses, including initial application and biennial renewal
3918 fees sufficient to cover the costs of implementing and
3919 administering this section, and establishing supplemental
3920 licensure fees for payment beginning May 1, 2018, sufficient to
3921 cover the costs of administering ss. 381.989 and 1004.4351. The
3922 department shall identify applicants with strong diversity plans
3923 reflecting this state’s commitment to diversity and implement
3924 training programs and other educational programs to enable
3925 minority persons and certified rural or urban business
3926 enterprises minority business enterprises, as defined in s.
3927 288.703, and veteran business enterprises, as defined in s.
3928 295.187, to compete for medical marijuana treatment center
3929 licensure and contracts. Subject to the requirements in
3930 subparagraphs (a)2.-4., the department shall issue a license to
3931 an applicant if the applicant meets the requirements of this
3932 section and pays the initial application fee. The department
3933 shall renew the licensure of a medical marijuana treatment
3934 center biennially if the licensee meets the requirements of this
3935 section and pays the biennial renewal fee. However, the
3936 department may not renew the license of a medical marijuana
3937 treatment center that has not begun to cultivate, process, and
3938 dispense marijuana by the date that the medical marijuana
3939 treatment center is required to renew its license. An individual
3940 may not be an applicant, owner, officer, board member, or
3941 manager on more than one application for licensure as a medical
3942 marijuana treatment center. An individual or entity may not be
3943 awarded more than one license as a medical marijuana treatment
3944 center. An applicant for licensure as a medical marijuana
3945 treatment center must demonstrate:
3946 1. That, for the 5 consecutive years before submitting the
3947 application, the applicant has been registered to do business in
3948 the state.
3949 2. Possession of a valid certificate of registration issued
3950 by the Department of Agriculture and Consumer Services pursuant
3951 to s. 581.131.
3952 3. The technical and technological ability to cultivate and
3953 produce marijuana, including, but not limited to, low-THC
3954 cannabis.
3955 4. The ability to secure the premises, resources, and
3956 personnel necessary to operate as a medical marijuana treatment
3957 center.
3958 5. The ability to maintain accountability of all raw
3959 materials, finished products, and any byproducts to prevent
3960 diversion or unlawful access to or possession of these
3961 substances.
3962 6. An infrastructure reasonably located to dispense
3963 marijuana to registered qualified patients statewide or
3964 regionally as determined by the department.
3965 7. The financial ability to maintain operations for the
3966 duration of the 2-year approval cycle, including the provision
3967 of certified financial statements to the department.
3968 a. Upon approval, the applicant must post a $5 million
3969 performance bond issued by an authorized surety insurance
3970 company rated in one of the three highest rating categories by a
3971 nationally recognized rating service. However, a medical
3972 marijuana treatment center serving at least 1,000 qualified
3973 patients is only required to maintain a $2 million performance
3974 bond.
3975 b. In lieu of the performance bond required under sub
3976 subparagraph a., the applicant may provide an irrevocable letter
3977 of credit payable to the department or provide cash to the
3978 department. If provided with cash under this sub-subparagraph,
3979 the department shall deposit the cash in the Grants and
3980 Donations Trust Fund within the Department of Health, subject to
3981 the same conditions as the bond regarding requirements for the
3982 applicant to forfeit ownership of the funds. If the funds
3983 deposited under this sub-subparagraph generate interest, the
3984 amount of that interest shall be used by the department for the
3985 administration of this section.
3986 8. That all owners, officers, board members, and managers
3987 have passed a background screening pursuant to subsection (9).
3988 9. The employment of a medical director to supervise the
3989 activities of the medical marijuana treatment center.
3990 10. A diversity plan that promotes and ensures the
3991 involvement of minority persons and certified rural or urban
3992 minority business enterprises, as defined in s. 288.703, or
3993 veteran business enterprises, as defined in s. 295.187, in
3994 ownership, management, and employment. An applicant for
3995 licensure renewal must show the effectiveness of the diversity
3996 plan by including the following with his or her application for
3997 renewal:
3998 a. Representation of minority persons and veterans in the
3999 medical marijuana treatment center’s workforce;
4000 b. Efforts to recruit minority persons and veterans for
4001 employment; and
4002 c. A record of contracts for services with rural or urban
4003 minority business enterprises and veteran business enterprises.
4004 Section 110. Subsection (4) of section 403.031, Florida
4005 Statutes, is amended to read:
4006 403.031 Definitions.—In construing this chapter, or rules
4007 and regulations adopted pursuant hereto, the following words,
4008 phrases, or terms, unless the context otherwise indicates, have
4009 the following meanings:
4010 (4) “Electrical power plant” means, for purposes of this
4011 part of this chapter, any electrical generating facility that
4012 uses any process or fuel and that is owned or operated by an
4013 electric utility, as defined in s. 403.503 s. 403.503(14), and
4014 includes any associated facility that directly supports the
4015 operation of the electrical power plant.
4016 Section 111. Subsection (6) of section 403.0752, Florida
4017 Statutes, is amended to read:
4018 403.0752 Ecosystem management agreements.—
4019 (6) The secretary of the department may form ecosystem
4020 management advisory teams for consultation and participation in
4021 the preparation of an ecosystem management agreement. The
4022 secretary shall request the participation of at least the state
4023 and regional and local government entities having regulatory
4024 authority over the activities to be subject to the ecosystem
4025 management agreement. Such teams may also include
4026 representatives of other participating or advisory government
4027 agencies, which may include regional planning councils, private
4028 landowners, public landowners and managers, public and private
4029 utilities, corporations, and environmental interests. Team
4030 members shall be selected in a manner that ensures adequate
4031 representation of the diverse interests and perspectives within
4032 the designated ecosystem. Participation by any department of
4033 state government is at the discretion of that agency.
4034 Section 112. Subsection (27) of section 403.503, Florida
4035 Statutes, is amended to read:
4036 403.503 Definitions relating to Florida Electrical Power
4037 Plant Siting Act.—As used in this act:
4038 (27) “Regional planning council” means a regional planning
4039 council as defined in s. 186.503(4) in the jurisdiction of which
4040 the electrical power plant is proposed to be located.
4041 Section 113. Subsection (1) of section 403.50663, Florida
4042 Statutes, is amended to read:
4043 403.50663 Informational public meetings.—
4044 (1) A local government within whose jurisdiction the power
4045 plant is proposed to be sited may hold one informational public
4046 meeting in addition to the hearings specifically authorized by
4047 this act on any matter associated with the electrical power
4048 plant proceeding. Such informational public meetings shall be
4049 held by the local government or by the regional planning council
4050 if the local government does not hold such meeting within 70
4051 days after the filing of the application. The purpose of an
4052 informational public meeting is for the local government or
4053 regional planning council to further inform the public about the
4054 proposed electrical power plant or associated facilities, obtain
4055 comments from the public, and formulate its recommendation with
4056 respect to the proposed electrical power plant.
4057 Section 114. Paragraph (a) of subsection (2) of section
4058 403.507, Florida Statutes, is amended to read:
4059 403.507 Preliminary statements of issues, reports, project
4060 analyses, and studies.—
4061 (2)(a) No later than 100 days after the certification
4062 application has been determined complete, the following agencies
4063 shall prepare reports as provided below and shall submit them to
4064 the department and the applicant, unless a final order denying
4065 the determination of need has been issued under s. 403.519:
4066 1. The Department of Commerce shall prepare a report
4067 containing recommendations which address the impact upon the
4068 public of the proposed electrical power plant, based on the
4069 degree to which the electrical power plant is consistent with
4070 the applicable portions of the state comprehensive plan,
4071 emergency management, and other such matters within its
4072 jurisdiction. The Department of Commerce may also comment on the
4073 consistency of the proposed electrical power plant with
4074 applicable strategic regional policy plans or local
4075 comprehensive plans and land development regulations.
4076 2. The water management district shall prepare a report as
4077 to matters within its jurisdiction, including but not limited
4078 to, the impact of the proposed electrical power plant on water
4079 resources, regional water supply planning, and district-owned
4080 lands and works.
4081 3. Each local government in whose jurisdiction the proposed
4082 electrical power plant is to be located shall prepare a report
4083 as to the consistency of the proposed electrical power plant
4084 with all applicable local ordinances, regulations, standards, or
4085 criteria that apply to the proposed electrical power plant,
4086 including any applicable local environmental regulations adopted
4087 pursuant to s. 403.182 or by other means.
4088 4. The Fish and Wildlife Conservation Commission shall
4089 prepare a report as to matters within its jurisdiction.
4090 5. The Department of Transportation shall address the
4091 impact of the proposed electrical power plant on matters within
4092 its jurisdiction.
4093 Section 115. Paragraphs (a) and (c) of subsection (4) of
4094 section 403.509, Florida Statutes, are amended to read:
4095 403.509 Final disposition of application.—
4096 (4)(a) Any transmission line corridor certified by the
4097 board, or secretary if applicable, shall meet the criteria of
4098 this section. When more than one transmission line corridor is
4099 proper for certification under s. 403.503 s. 403.503(11) and
4100 meets the criteria of this section, the board, or secretary if
4101 applicable, shall certify the transmission line corridor that
4102 has the least adverse impact regarding the criteria in
4103 subsection (3), including costs.
4104 (c) If the board, or secretary if applicable, finds that
4105 two or more of the corridors that comply with subsection (3)
4106 have the least adverse impacts regarding the criteria in
4107 subsection (3), including costs, and that the corridors are
4108 substantially equal in adverse impacts regarding the criteria in
4109 subsection (3), including costs, the board, or secretary if
4110 applicable, shall certify the corridor preferred by the
4111 applicant if the corridor is one proper for certification under
4112 s. 403.503 s. 403.503(11).
4113 Section 116. Paragraph (a) of subsection (6) and paragraph
4114 (a) of subsection (7) of section 403.5115, Florida Statutes, are
4115 amended to read:
4116 403.5115 Public notice.—
4117 (6)(a) A good faith effort shall be made by the applicant
4118 to provide direct written notice of the filing of an application
4119 for certification by United States mail or hand delivery no
4120 later than 45 days after filing of the application to all local
4121 landowners whose property, as noted in the most recent local
4122 government tax records, and residences are located within the
4123 following distances of the proposed project:
4124 1. Three miles of the proposed main site boundaries of the
4125 proposed electrical power plant.
4126 2. One-quarter mile for a transmission line corridor that
4127 only includes a transmission line as defined by s. 403.522 s.
4128 403.522(22).
4129 3. One-quarter mile for all other linear associated
4130 facilities extending away from the main site boundary except for
4131 a transmission line corridor that includes a transmission line
4132 that operates below those defined by s. 403.522 s. 403.522(22).
4133 (7)(a) A good faith effort shall be made by the proponent
4134 of an alternate corridor that includes a transmission line, as
4135 defined by s. 403.522 s. 403.522(22), to provide direct written
4136 notice of the filing of an alternate corridor for certification
4137 by United States mail or hand delivery of the filing no later
4138 than 30 days after filing of the alternate corridor to all local
4139 landowners whose property, as noted in the most recent local
4140 government tax records, and residences, are located within one
4141 quarter mile of the proposed boundaries of a transmission line
4142 corridor that includes a transmission line as defined by s.
4143 403.522 s. 403.522(22).
4144 Section 117. Subsection (1) of section 403.5175, Florida
4145 Statutes, is amended to read:
4146 403.5175 Existing electrical power plant site
4147 certification.—
4148 (1) An electric utility that owns or operates an existing
4149 electrical power plant as defined in s. 403.503 s. 403.503(14)
4150 may apply for certification of an existing power plant and its
4151 site in order to obtain all agency licenses necessary to ensure
4152 compliance with federal or state environmental laws and
4153 regulation using the centrally coordinated, one-stop licensing
4154 process established by this part. An application for
4155 certification under this section must be in the form prescribed
4156 by department rule. Applications must be reviewed and processed
4157 using the same procedural steps and notices as for an
4158 application for a new facility, except that a determination of
4159 need by the Public Service Commission is not required.
4160 Section 118. Paragraph (c) of subsection (2) of section
4161 403.518, Florida Statutes, is amended to read:
4162 403.518 Fees; disposition.—The department shall charge the
4163 applicant the following fees, as appropriate, which, unless
4164 otherwise specified, shall be paid into the Florida Permit Fee
4165 Trust Fund:
4166 (2) An application fee, which may shall not exceed
4167 $200,000. The fee shall be fixed by rule on a sliding scale
4168 related to the size, type, ultimate site capacity, or increase
4169 in electrical generating capacity proposed by the application.
4170 (c)1. Upon written request with proper itemized accounting
4171 within 90 days after final agency action by the board or
4172 department or withdrawal of the application, the agencies that
4173 prepared reports pursuant to s. 403.507 or participated in a
4174 hearing pursuant to s. 403.508 may submit a written request to
4175 the department for reimbursement of expenses incurred during the
4176 certification proceedings. The request must shall contain an
4177 accounting of expenses incurred which may include time spent
4178 reviewing the application, preparation of any studies required
4179 of the agencies by this act, agency travel and per diem to
4180 attend any hearing held pursuant to this act, and for any local
4181 government’s or regional planning council’s provision of notice
4182 of public meetings required as a result of the application for
4183 certification. The department shall review the request and
4184 verify that the expenses are valid. Valid expenses must shall be
4185 reimbursed; however, in the event the amount of funds available
4186 for reimbursement is insufficient to provide for full
4187 compensation to the agencies requesting reimbursement,
4188 reimbursement is shall be on a prorated basis.
4189 2. If the application review is held in abeyance for more
4190 than 1 year, the agencies may submit a request for
4191 reimbursement. This time period is shall be measured from the
4192 date the applicant has provided written notification to the
4193 department that it desires to have the application review
4194 process placed on hold. The fee disbursement shall be processed
4195 in accordance with subparagraph 1.
4196 Section 119. Subsection (21) of section 403.522, Florida
4197 Statutes, is amended to read:
4198 403.522 Definitions relating to the Florida Electric
4199 Transmission Line Siting Act.—As used in this act:
4200 (21) “Regional planning council” means a regional planning
4201 council as defined in s. 186.503(4) in the jurisdiction of which
4202 the project is proposed to be located.
4203 Section 120. Paragraph (a) of subsection (1) of section
4204 403.5251, Florida Statutes, is amended to read:
4205 403.5251 Application; schedules.—
4206 (1)(a) The formal date of the filing of the application for
4207 certification and commencement of the review process for
4208 certification is the date on which the applicant submits:
4209 1. Copies of the application for certification in a
4210 quantity and format, electronic or otherwise as prescribed by
4211 rule, to the department and other agencies identified in s.
4212 403.526(2).
4213 2. The application fee as specified under s. 403.5365 to
4214 the department.
4215
4216 The department shall provide to the applicant and the Division
4217 of Administrative Hearings the names and addresses of any
4218 additional agencies or persons entitled to notice and copies of
4219 the application and amendments, if any, within 7 days after
4220 receiving the application for certification and the application
4221 fees.
4222 Section 121. Paragraph (a) of subsection (2) of section
4223 403.526, Florida Statutes, is amended to read:
4224 403.526 Preliminary statements of issues, reports, and
4225 project analyses; studies.—
4226 (2)(a) No later than 90 days after the filing of the
4227 application, the following agencies shall prepare reports as
4228 provided below, unless a final order denying the determination
4229 of need has been issued under s. 403.537:
4230 1. The department shall prepare a report as to the impact
4231 of each proposed transmission line or corridor as it relates to
4232 matters within its jurisdiction.
4233 2. Each water management district in the jurisdiction of
4234 which a proposed transmission line or corridor is to be located
4235 shall prepare a report as to the impact on water resources and
4236 other matters within its jurisdiction.
4237 3. The Department of Commerce shall prepare a report
4238 containing recommendations which address the impact upon the
4239 public of the proposed transmission line or corridor, based on
4240 the degree to which the proposed transmission line or corridor
4241 is consistent with the applicable portions of the state
4242 comprehensive plan, emergency management, and other matters
4243 within its jurisdiction. The Department of Commerce may also
4244 comment on the consistency of the proposed transmission line or
4245 corridor with applicable strategic regional policy plans or
4246 local comprehensive plans and land development regulations.
4247 4. The Fish and Wildlife Conservation Commission shall
4248 prepare a report as to the impact of each proposed transmission
4249 line or corridor on fish and wildlife resources and other
4250 matters within its jurisdiction.
4251 5. Each local government shall prepare a report as to the
4252 impact of each proposed transmission line or corridor on matters
4253 within its jurisdiction, including the consistency of the
4254 proposed transmission line or corridor with all applicable local
4255 ordinances, regulations, standards, or criteria that apply to
4256 the proposed transmission line or corridor, including local
4257 comprehensive plans, zoning regulations, land development
4258 regulations, and any applicable local environmental regulations
4259 adopted pursuant to s. 403.182 or by other means. A change by
4260 the responsible local government or local agency in local
4261 comprehensive plans, zoning ordinances, or other regulations
4262 made after the date required for the filing of the local
4263 government’s report required by this section is not applicable
4264 to the certification of the proposed transmission line or
4265 corridor unless the certification is denied or the application
4266 is withdrawn.
4267 6. The Department of Transportation shall prepare a report
4268 as to the impact of the proposed transmission line or corridor
4269 on state roads, railroads, airports, aeronautics, seaports, and
4270 other matters within its jurisdiction.
4271 7. The commission shall prepare a report containing its
4272 determination under s. 403.537, and the report may include the
4273 comments from the commission with respect to any other subject
4274 within its jurisdiction.
4275 8. Any other agency, if requested by the department, shall
4276 also perform studies or prepare reports as to subjects within
4277 the jurisdiction of the agency which may potentially be affected
4278 by the proposed transmission line.
4279 Section 122. Paragraphs (d) and (f) of subsection (1) of
4280 section 403.5271, Florida Statutes, are amended to read:
4281 403.5271 Alternate corridors.—
4282 (1) No later than 45 days before the originally scheduled
4283 certification hearing, any party may propose alternate
4284 transmission line corridor routes for consideration under the
4285 provisions of this act.
4286 (d) Within 21 days after acceptance of an alternate
4287 corridor by the department and the applicant, the party
4288 proposing an alternate corridor shall have the burden of
4289 providing all data to the agencies listed in s. 403.5365 s.
4290 403.526(2) and newly affected agencies necessary for the
4291 preparation of a supplementary report on the proposed alternate
4292 corridor.
4293 (f) The agencies listed in s. 403.5365 s. 403.526(2) and
4294 any newly affected agencies shall file supplementary reports
4295 with the applicant and the department which address the proposed
4296 alternate corridors no later than 24 days after the data
4297 submitted pursuant to paragraph (d) or paragraph (e) is
4298 determined to be complete.
4299 Section 123. Subsection (1) of section 403.5272, Florida
4300 Statutes, is amended to read:
4301 403.5272 Informational public meetings.—
4302 (1) A local government whose jurisdiction is to be crossed
4303 by a proposed corridor may hold one informational public meeting
4304 in addition to the hearings specifically authorized by this act
4305 on any matter associated with the transmission line proceeding.
4306 The informational public meeting may be conducted by the local
4307 government or the regional planning council and shall be held no
4308 later than 55 days after the application is filed. The purpose
4309 of an informational public meeting is for the local government
4310 or regional planning council to further inform the public about
4311 the transmission line proposed, obtain comments from the public,
4312 and formulate its recommendation with respect to the proposed
4313 transmission line.
4314 Section 124. Subsection (4), paragraph (a) of subsection
4315 (5), and paragraph (a) of subsection (6) of section 403.5363,
4316 Florida Statutes, are amended to read:
4317 403.5363 Public notices; requirements.—
4318 (4) A local government or regional planning council that
4319 proposes to conduct an informational public meeting pursuant to
4320 s. 403.5272 must publish notice of the meeting in a newspaper of
4321 general circulation within the county or counties in which the
4322 proposed electrical transmission line will be located no later
4323 than 7 days before prior to the meeting. A newspaper of general
4324 circulation shall be the newspaper that has the largest daily
4325 circulation in that county and has its principal office in that
4326 county. If the newspaper with the largest daily circulation has
4327 its principal office outside the county, the notices shall
4328 appear in both the newspaper having the largest circulation in
4329 that county and in a newspaper authorized to publish legal
4330 notices in that county.
4331 (5)(a) A good faith effort shall be made by the applicant
4332 to provide direct notice of the filing of an application for
4333 certification by United States mail or hand delivery no later
4334 than 45 days after filing of the application to all local
4335 landowners whose property, as noted in the most recent local
4336 government tax records, and residences are located within one
4337 quarter mile of the proposed boundaries of a transmission line
4338 corridor that only includes a transmission line as defined by s.
4339 403.522 s. 403.522(22).
4340 (6)(a) A good faith effort shall be made by the proponent
4341 of an alternate corridor that includes a transmission line, as
4342 defined by s. 403.522 s. 403.522(22), to provide direct notice
4343 of the filing of an alternate corridor for certification by
4344 United States mail or hand delivery of the filing no later than
4345 30 days after filing of the alternate corridor to all local
4346 landowners whose property, as noted in the most recent local
4347 government tax records, and residences are located within one
4348 quarter mile of the proposed boundaries of a transmission line
4349 corridor that includes a transmission line as defined by s.
4350 403.522 s. 403.522(22).
4351 Section 125. Paragraph (d) of subsection (1) of section
4352 403.5365, Florida Statutes, is amended to read:
4353 403.5365 Fees; disposition.—The department shall charge the
4354 applicant the following fees, as appropriate, which, unless
4355 otherwise specified, shall be paid into the Florida Permit Fee
4356 Trust Fund:
4357 (1) An application fee.
4358 (d)1. Upon written request with proper itemized accounting
4359 within 90 days after final agency action by the siting board or
4360 the department or the written notification of the withdrawal of
4361 the application, the agencies that prepared reports under s.
4362 403.526 or s. 403.5271 or participated in a hearing under s.
4363 403.527 or s. 403.5271 may submit a written request to the
4364 department for reimbursement of expenses incurred during the
4365 certification proceedings. The request must contain an
4366 accounting of expenses incurred, which may include time spent
4367 reviewing the application, preparation of any studies required
4368 of the agencies by this act, agency travel and per diem to
4369 attend any hearing held under this act, and for the local
4370 government or regional planning council providing additional
4371 notice of the informational public meeting. The department shall
4372 review the request and verify whether a claimed expense is
4373 valid. Valid expenses shall be reimbursed; however, if the
4374 amount of funds available for reimbursement is insufficient to
4375 provide for full compensation to the agencies, reimbursement
4376 shall be on a prorated basis.
4377 2. If the application review is held in abeyance for more
4378 than 1 year, the agencies may submit a request for reimbursement
4379 under subparagraph 1. This time period shall be measured from
4380 the date the applicant has provided written notification to the
4381 department that it desires to have the application review
4382 process placed on hold. The fee disbursement shall be processed
4383 in accordance with subparagraph 1.
4384 Section 126. Paragraphs (a) and (d) of subsection (1) of
4385 section 403.537, Florida Statutes, are amended to read:
4386 403.537 Determination of need for transmission line; powers
4387 and duties.—
4388 (1)(a) Upon request by an applicant or upon its own motion,
4389 the Florida Public Service Commission shall schedule a public
4390 hearing, after notice, to determine the need for a transmission
4391 line regulated by the Florida Electric Transmission Line Siting
4392 Act, ss. 403.52-403.5365. The notice shall be published at least
4393 21 days before the date set for the hearing and shall be
4394 published by the applicant in at least one-quarter page size
4395 notice in newspapers of general circulation, and by the
4396 commission in the manner specified in chapter 120, by giving
4397 notice to counties and regional planning councils in whose
4398 jurisdiction the transmission line could be placed, and by
4399 giving notice to any persons who have requested to be placed on
4400 the mailing list of the commission for this purpose. Within 21
4401 days after receipt of a request for determination by an
4402 applicant, the commission shall set a date for the hearing. The
4403 hearing shall be held pursuant to s. 350.01 within 45 days after
4404 the filing of the request, and a decision shall be rendered
4405 within 60 days after such filing.
4406 (d) The determination by the commission of the need for the
4407 transmission line, as defined in s. 403.522 s. 403.522(22), is
4408 binding on all parties to any certification proceeding under the
4409 Florida Electric Transmission Line Siting Act and is a condition
4410 precedent to the conduct of the certification hearing prescribed
4411 therein. An order entered pursuant to this section constitutes
4412 final agency action.
4413 Section 127. Subsection (17) of section 403.704, Florida
4414 Statutes, is amended to read:
4415 403.704 Powers and duties of the department.—The department
4416 shall have responsibility for the implementation and enforcement
4417 of this act. In addition to other powers and duties, the
4418 department shall:
4419 (17) Provide technical assistance to local governments and
4420 regional agencies to ensure consistency between county hazardous
4421 waste management assessments; coordinate the development of such
4422 assessments with the assistance of the appropriate regional
4423 planning councils; and review and make recommendations to the
4424 Legislature relative to the sufficiency of the assessments to
4425 meet state hazardous waste management needs.
4426 Section 128. Subsections (3) and (6) of section 403.7225,
4427 Florida Statutes, are amended to read:
4428 403.7225 Local hazardous waste management assessments.—
4429 (3) Each county or regional planning council shall
4430 coordinate the local hazardous waste management assessments
4431 within its jurisdiction according to guidelines established
4432 under s. 403.7226. If a county declines to perform the local
4433 hazardous waste management assessment, the county must shall
4434 make arrangements with the department its regional planning
4435 council to perform the assessment.
4436 (6) Unless performed by the county pursuant to subsection
4437 (3), the department regional planning councils shall upon
4438 successful arrangements with a county:
4439 (a) Perform local hazardous waste management assessments;
4440 and
4441 (b) Provide any technical expertise needed by the counties
4442 in developing the assessments.
4443 Section 129. Subsection (1) of section 403.7226, Florida
4444 Statutes, is amended to read:
4445 403.7226 Technical assistance by the department.—The
4446 department shall:
4447 (1) Provide technical assistance to county governments and
4448 regional planning councils to ensure consistency in implementing
4449 local hazardous waste management assessments as provided in ss.
4450 403.7225, 403.7234, and 403.7236. In order to ensure that each
4451 local assessment is properly implemented and that all
4452 information gathered during the assessment is uniformly compiled
4453 and documented, each county or regional planning council shall
4454 contact the department during the preparation of the local
4455 assessment to receive technical assistance. Each county or
4456 regional planning council shall follow guidelines established by
4457 the department, and adopted by rule as appropriate, in order to
4458 properly implement these assessments.
4459 Section 130. Subsection (2) of section 403.723, Florida
4460 Statutes, is amended to read:
4461 403.723 Siting of hazardous waste facilities.—It is the
4462 intent of the Legislature to facilitate siting of proper
4463 hazardous waste storage facilities in each region and any
4464 additional storage, treatment, or disposal facilities as
4465 required. The Legislature recognizes the need for facilitating
4466 disposal of waste produced by small generators, reducing the
4467 volume of wastes generated in the state, reducing the toxicity
4468 of wastes generated in the state, and providing treatment and
4469 disposal facilities in the state.
4470 (2) After each county designates areas for storage
4471 facilities, the department each regional planning council shall
4472 designate one or more sites at which a regional hazardous waste
4473 storage or treatment facility could be constructed.
4474 Section 131. Subsection (22) of section 403.9403, Florida
4475 Statutes, is amended to read:
4476 403.9403 Definitions.—As used in ss. 403.9401-403.9425, the
4477 term:
4478 (22) “Regional planning council” means a regional planning
4479 council created pursuant to chapter 186 in the jurisdiction of
4480 which the project is proposed to be located.
4481 Section 132. Paragraph (a) of subsection (2) of section
4482 403.941, Florida Statutes, is amended to read:
4483 403.941 Preliminary statements of issues, reports, and
4484 studies.—
4485 (2)(a) The affected agencies shall prepare reports as
4486 provided in this paragraph and shall submit them to the
4487 department and the applicant within 60 days after the
4488 application is determined sufficient:
4489 1. The department shall prepare a report as to the impact
4490 of each proposed natural gas transmission pipeline or corridor
4491 as it relates to matters within its jurisdiction.
4492 2. Each water management district in the jurisdiction of
4493 which a proposed natural gas transmission pipeline or corridor
4494 is to be located shall prepare a report as to the impact on
4495 water resources and other matters within its jurisdiction.
4496 3. The Department of Commerce shall prepare a report
4497 containing recommendations which address the impact upon the
4498 public of the proposed natural gas transmission pipeline or
4499 corridor, based on the degree to which the proposed natural gas
4500 transmission pipeline or corridor is consistent with the
4501 applicable portions of the state comprehensive plan and other
4502 matters within its jurisdiction. The Department of Commerce may
4503 also comment on the consistency of the proposed natural gas
4504 transmission pipeline or corridor with applicable strategic
4505 regional policy plans or local comprehensive plans and land
4506 development regulations.
4507 4. The Fish and Wildlife Conservation Commission shall
4508 prepare a report as to the impact of each proposed natural gas
4509 transmission pipeline or corridor on fish and wildlife resources
4510 and other matters within its jurisdiction.
4511 5. Each local government in which the natural gas
4512 transmission pipeline or natural gas transmission pipeline
4513 corridor will be located shall prepare a report as to the impact
4514 of each proposed natural gas transmission pipeline or corridor
4515 on matters within its jurisdiction, including the consistency of
4516 the proposed natural gas transmission pipeline or corridor with
4517 all applicable local ordinances, regulations, standards, or
4518 criteria that apply to the proposed natural gas transmission
4519 pipeline or corridor, including local comprehensive plans,
4520 zoning regulations, land development regulations, and any
4521 applicable local environmental regulations adopted pursuant to
4522 s. 403.182 or by other means. No change by the responsible local
4523 government or local agency in local comprehensive plans, zoning
4524 ordinances, or other regulations made after the date required
4525 for the filing of the local government’s report required by this
4526 section shall be applicable to the certification of the proposed
4527 natural gas transmission pipeline or corridor unless the
4528 certification is denied or the application is withdrawn.
4529 6. The Department of Transportation shall prepare a report
4530 on the effect of the natural gas transmission pipeline or
4531 natural gas transmission pipeline corridor on matters within its
4532 jurisdiction, including roadway crossings by the pipeline. The
4533 report shall contain at a minimum:
4534 a. A report by the applicant to the department stating that
4535 all requirements of the department’s utilities accommodation
4536 guide have been or will be met in regard to the proposed
4537 pipeline or pipeline corridor; and
4538 b. A statement by the department as to the adequacy of the
4539 report to the department by the applicant.
4540 7. The Department of State, Division of Historical
4541 Resources, shall prepare a report on the impact of the natural
4542 gas transmission pipeline or natural gas transmission pipeline
4543 corridor on matters within its jurisdiction.
4544 8. The commission shall prepare a report addressing matters
4545 within its jurisdiction. The commission’s report shall include
4546 its determination of need issued pursuant to s. 403.9422.
4547 Section 133. Paragraph (a) of subsection (1) of section
4548 403.9422, Florida Statutes, is amended to read:
4549 403.9422 Determination of need for natural gas transmission
4550 pipeline; powers and duties.—
4551 (1)(a) Upon request by an applicant or upon its own motion,
4552 the commission shall schedule a public hearing, after notice, to
4553 determine the need for a natural gas transmission pipeline
4554 regulated by ss. 403.9401-403.9425. Such notice shall be
4555 published at least 45 days before the date set for the hearing
4556 and shall be published in at least one-quarter page size in
4557 newspapers of general circulation and in the Florida
4558 Administrative Register, by giving notice to counties and
4559 regional planning councils in whose jurisdiction the natural gas
4560 transmission pipeline could be placed, and by giving notice to
4561 any persons who have requested to be placed on the mailing list
4562 of the commission for this purpose. Within 21 days after receipt
4563 of a request for determination by an applicant, the commission
4564 shall set a date for the hearing. The hearing shall be held
4565 pursuant to s. 350.01 within 75 days after the filing of the
4566 request, and a decision shall be rendered within 90 days after
4567 such filing.
4568 Section 134. Subsection (4) of section 403.973, Florida
4569 Statutes, is amended to read:
4570 403.973 Expedited permitting; amendments to comprehensive
4571 plans.—
4572 (4) The regional teams shall be established through the
4573 execution of a project-specific memorandum of agreement
4574 developed and executed by the applicant and the secretary, with
4575 input solicited from the respective heads of the Department of
4576 Transportation and its district offices, the Department of
4577 Agriculture and Consumer Services, the Fish and Wildlife
4578 Conservation Commission, appropriate regional planning councils,
4579 appropriate water management districts, and voluntarily
4580 participating municipalities and counties. The memorandum of
4581 agreement should also accommodate participation in this
4582 expedited process by other local governments and federal
4583 agencies as circumstances warrant.
4584 Section 135. Paragraphs (b) and (d) of subsection (1) of
4585 section 408.033, Florida Statutes, are amended to read:
4586 408.033 Local and state health planning.—
4587 (1) LOCAL HEALTH COUNCILS.—
4588 (b) Each local health council may:
4589 1. Develop a district area health plan that permits each
4590 local health council to develop strategies and set priorities
4591 for implementation based on its unique local health needs.
4592 2. Advise the agency on health care issues and resource
4593 allocations.
4594 3. Promote public awareness of community health needs,
4595 emphasizing health promotion and cost-effective health service
4596 selection.
4597 4. Collect data and conduct analyses and studies related to
4598 health care needs of the district, including the needs of
4599 medically indigent persons, and assist the agency and other
4600 state agencies in carrying out data collection activities that
4601 relate to the functions in this subsection.
4602 5. Monitor the onsite construction progress, if any, of
4603 certificate-of-need approved projects and report council
4604 findings to the agency on forms provided by the agency.
4605 6. Advise and assist any regional planning councils within
4606 each district that have elected to address health issues in
4607 their strategic regional policy plans with the development of
4608 the health element of the plans to address the health goals and
4609 policies in the State Comprehensive Plan.
4610 6.7. Advise and assist local governments within each
4611 district on the development of an optional health plan element
4612 of the comprehensive plan provided in chapter 163, to assure
4613 compatibility with the health goals and policies in the State
4614 Comprehensive Plan and district health plan. To facilitate the
4615 implementation of this section, the local health council shall
4616 annually provide the local governments in its service area, upon
4617 request, with:
4618 a. A copy and appropriate updates of the district health
4619 plan;
4620 b. A report of nursing home utilization statistics for
4621 facilities within the local government jurisdiction; and
4622 c. Applicable agency rules and calculated need
4623 methodologies for health facilities and services regulated under
4624 s. 408.034 for the district served by the local health council.
4625 7.8. Monitor and evaluate the adequacy, appropriateness,
4626 and effectiveness, within the district, of local, state,
4627 federal, and private funds distributed to meet the needs of the
4628 medically indigent and other underserved population groups.
4629 8.9. In conjunction with the Department of Health, plan for
4630 services at the local level for persons infected with the human
4631 immunodeficiency virus.
4632 9.10. Provide technical assistance to encourage and support
4633 activities by providers, purchasers, consumers, and local,
4634 regional, and state agencies in meeting the health care goals,
4635 objectives, and policies adopted by the local health council.
4636 10.11. Provide the agency with data required by rule for
4637 the review of certificate-of-need applications and the
4638 projection of need for health facilities in the district.
4639 (d) Each local health council shall enter into a memorandum
4640 of agreement with each regional planning council in its district
4641 that elects to address health issues in its strategic regional
4642 policy plan. In addition, each local health council shall enter
4643 into a memorandum of agreement with each local government that
4644 includes an optional health element in its comprehensive plan.
4645 Each memorandum of agreement must specify the manner in which
4646 each local government, regional planning council, and local
4647 health council will coordinate its activities to ensure a
4648 unified approach to health planning and implementation efforts.
4649 Section 136. Subsection (24) of section 409.901, Florida
4650 Statutes, is amended to read:
4651 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
4652 409.901-409.920, except as otherwise specifically provided, the
4653 term:
4654 (24) “Minority physician network” means a network of
4655 primary care physicians with experience managing Medicaid or
4656 Medicare recipients that is predominantly owned by a minority
4657 person minorities as defined in s. 287.0931(2) s. 288.703, which
4658 may have a collaborative partnership with a public college or
4659 university and a tax-exempt charitable corporation.
4660 Section 137. Subsection (1) of section 420.609, Florida
4661 Statutes, is amended to read:
4662 420.609 Affordable Housing Study Commission.—Because the
4663 Legislature firmly supports affordable housing in Florida for
4664 all economic classes:
4665 (1) There is created the Affordable Housing Study
4666 Commission, which shall be composed of 20 21 members to be
4667 appointed by the Governor:
4668 (a) One citizen actively engaged in the residential home
4669 building industry.
4670 (b) One citizen actively engaged in the home mortgage
4671 lending profession.
4672 (c) One citizen actively engaged in the real estate sales
4673 profession.
4674 (d) One citizen actively engaged in apartment development.
4675 (e) One citizen actively engaged in the management and
4676 operation of a rental housing development.
4677 (f) Two citizens who represent very-low-income and low
4678 income persons.
4679 (g) One citizen representing a community-based organization
4680 with experience in housing development.
4681 (h) One citizen representing a community-based organization
4682 with experience in housing development in a community with a
4683 population of less than 50,000 persons.
4684 (i) Two citizens who represent elderly persons’ housing
4685 interests.
4686 (j) One representative of regional planning councils.
4687 (j)(k) One representative of the Florida League of Cities.
4688 (k)(l) One representative of the Florida Association of
4689 Counties.
4690 (l)(m) Two citizens representing statewide growth
4691 management organizations.
4692 (m)(n) One citizen of the state to serve as chair of the
4693 commission.
4694 (n)(o) One citizen representing a residential community
4695 developer.
4696 (o)(p) One member who is a resident of the state.
4697 (p)(q) One representative from a local housing authority.
4698 (q)(r) One citizen representing the housing interests of
4699 homeless persons.
4700 Section 138. Paragraph (b) of subsection (2) of section
4701 440.45, Florida Statutes, is amended to read:
4702 440.45 Office of the Judges of Compensation Claims.—
4703 (2)
4704 (b) Except as provided in paragraph (c), the Governor shall
4705 appoint a judge of compensation claims from a list of three
4706 persons nominated by a statewide nominating commission. The
4707 statewide nominating commission shall be composed of the
4708 following:
4709 1. Six members, at least one of whom must be a member of a
4710 minority person group as defined in s. 287.0931(2) s. 288.703,
4711 one of each who resides in each of the territorial jurisdictions
4712 of the district courts of appeal, appointed by the Board of
4713 Governors of The Florida Bar from among The Florida Bar members
4714 engaged in the practice of law. Each member shall be appointed
4715 for a 4-year term;
4716 2. Six electors, at least one of whom must be a member of a
4717 minority person group as defined in s. 287.0931(2) s. 288.703,
4718 one of each who resides in each of the territorial jurisdictions
4719 of the district courts of appeal, appointed by the Governor.
4720 Each member shall be appointed for a 4-year term; and
4721 3. Six electors, at least one of whom must be a member of a
4722 minority person group as defined in s. 287.0931(2) s. 288.703,
4723 one of each who resides in the territorial jurisdictions of the
4724 district courts of appeal, selected and appointed by a majority
4725 vote of the other 10 members of the commission. Each member
4726 shall be appointed for a 4-year term.
4727
4728 A vacancy occurring on the commission shall be filled by the
4729 original appointing authority for the unexpired balance of the
4730 term. An attorney who appears before any judge of compensation
4731 claims more than four times a year is not eligible to serve on
4732 the statewide nominating commission. The meetings and
4733 determinations of the nominating commission as to the judges of
4734 compensation claims shall be open to the public.
4735 Section 139. Subsection (1), paragraph (a) of subsection
4736 (3), and subsection (6) of section 473.3065, Florida Statutes,
4737 are amended to read:
4738 473.3065 Clay Ford Scholarship Program; Certified Public
4739 Accountant Education Minority Assistance Advisory Council.—
4740 (1) The Clay Ford Scholarship Program for Florida residents
4741 is hereby established in the division for the purpose of
4742 providing scholarships to minority persons as defined in s.
4743 287.0931(2) s. 288.703 who are students enrolled in their fifth
4744 year of an accounting education program at an institution in
4745 this state approved by the board by rule. A Certified Public
4746 Accountant Education Minority Assistance Advisory Council shall
4747 assist the board in administering the program.
4748 (3) The board shall adopt rules as necessary for
4749 administration of the Clay Ford Scholarship Program, including
4750 rules relating to the following:
4751 (a) Eligibility criteria for receipt of a scholarship,
4752 which, at a minimum, shall include the following factors:
4753 1. Financial need.
4754 2. Ethnic, gender, or racial minority status pursuant to s.
4755 287.0931(2) s. 288.703(4).
4756 3. Scholastic ability and performance.
4757 (6) There is hereby created the Certified Public Accountant
4758 Education Minority Assistance Advisory Council to assist the
4759 board in administering the Clay Ford Scholarship Program. The
4760 council shall be diverse and representative of the gender,
4761 ethnic, and racial categories set forth in s. 287.0931(2) s.
4762 288.703(4).
4763 (a) The council shall consist of five licensed Florida
4764 certified public accountants selected by the board, of whom one
4765 shall be a board member who serves as chair of the council, one
4766 shall be a representative of the National Association of Black
4767 Accountants, one shall be a representative of the Cuban American
4768 CPA Association, and two shall be selected at large. At least
4769 one member of the council must be a woman.
4770 (b) The board shall determine the terms for initial
4771 appointments and appointments thereafter.
4772 (c) Any vacancy on the council shall be filled in the
4773 manner provided for the selection of the initial member. Any
4774 member appointed to fill a vacancy of an unexpired term shall be
4775 appointed for the remainder of that term.
4776 (d) Three consecutive absences or absences constituting 50
4777 percent or more of the council’s meetings within any 12-month
4778 period shall cause the council membership of the member in
4779 question to become void, and the position shall be considered
4780 vacant.
4781 (e) The members of the council shall serve without
4782 compensation, and any necessary and actual expenses incurred by
4783 a member while engaged in the business of the council shall be
4784 borne by such member or by the organization or agency such
4785 member represents. However, the council member who is a member
4786 of the board shall be compensated in accordance with ss.
4787 455.207(4) and 112.061.
4788 Section 140. Paragraph (f) of subsection (1) of section
4789 501.171, Florida Statutes, is amended to read:
4790 501.171 Security of confidential personal information.—
4791 (1) DEFINITIONS.—As used in this section, the term:
4792 (f) “Governmental entity” means any department, division,
4793 bureau, commission, regional planning agency, board, district,
4794 authority, agency, or other instrumentality of this state that
4795 acquires, maintains, stores, or uses data in electronic form
4796 containing personal information.
4797 Section 141. Section 625.3255, Florida Statutes, is amended
4798 to read:
4799 625.3255 Capital participation instrument.—An insurer may
4800 invest in any capital participation instrument or evidence of
4801 indebtedness issued by the Department of Commerce pursuant to
4802 the Florida Small and Minority Business Assistance Act.
4803 Section 142. Subsection (7) of section 627.3511, Florida
4804 Statutes, is amended to read:
4805 627.3511 Depopulation of Citizens Property Insurance
4806 Corporation.—
4807 (7) A minority business, which is at least 51 percent owned
4808 by minority persons as described in s. 287.0931(2) s. 288.703,
4809 desiring to operate or become licensed as a property and
4810 casualty insurer may exempt up to $50 of the escrow requirements
4811 of the take-out bonus, as described in this section. Such
4812 minority business, which has applied for a certificate of
4813 authority to engage in business as a property and casualty
4814 insurer, may simultaneously file the business’ proposed take-out
4815 plan, as described in this section, with the corporation.
4816 Section 143. Subsection (1) of section 641.217, Florida
4817 Statutes, is amended to read:
4818 641.217 Minority recruitment and retention plans required.—
4819 (1) Any entity contracting with the Agency for Health Care
4820 Administration to provide health care services to Medicaid
4821 recipients or state employees on a prepaid or fixed-sum basis
4822 must submit to the Agency for Health Care Administration the
4823 entity’s plan for recruitment and retention of health care
4824 practitioners who are minority persons as defined in s.
4825 287.0931(2) s. 288.703. The plan must demonstrate an ability to
4826 recruit and retain minority persons which shall include, but is
4827 not limited to, the following efforts:
4828 (a) Establishing and maintaining contacts with various
4829 organizations representing the interests and concerns of
4830 minority constituencies to seek advice and assistance.
4831 (b) Identifying and recruiting at colleges and universities
4832 which primarily serve minority students.
4833 (c) Reviewing and analyzing the organization’s workforce as
4834 to minority representation.
4835 (d) Other factors identified by the Agency for Health Care
4836 Administration by rule.
4837 Section 144. Paragraph (b) of subsection (4) of section
4838 657.042, Florida Statutes, is amended to read:
4839 657.042 Investment powers and limitations.—A credit union
4840 may invest its funds subject to the following definitions,
4841 restrictions, and limitations:
4842 (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
4843 CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
4844 the credit union may be invested in any of the following:
4845 (b) Any capital participation instrument or evidence of
4846 indebtedness issued by the Department of Commerce pursuant to
4847 the Florida Small and Minority Business Assistance Act.
4848 Section 145. Paragraph (f) of subsection (4) of section
4849 658.67, Florida Statutes, is amended to read:
4850 658.67 Investment powers and limitations.—A bank may invest
4851 its funds, and a trust company may invest its corporate funds,
4852 subject to the following definitions, restrictions, and
4853 limitations:
4854 (4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS
4855 OF CAPITAL ACCOUNTS.—
4856 (f) Up to 10 percent of the capital accounts of a bank or
4857 trust company may be invested in any capital participation
4858 instrument or evidence of indebtedness issued by the Department
4859 of Commerce pursuant to the Florida Small and Minority Business
4860 Assistance Act.
4861 Section 146. Subsection (1) of section 947.02, Florida
4862 Statutes, is amended to read:
4863 947.02 Florida Commission on Offender Review; members,
4864 appointment.—
4865 (1) Except as provided in s. 947.021, the members of the
4866 Florida Commission on Offender Review shall be appointed by the
4867 Governor and Cabinet from a list of eligible applicants
4868 submitted by a parole qualifications committee. The appointments
4869 of members of the commission shall be certified to the Senate by
4870 the Governor and Cabinet for confirmation, and the membership of
4871 the commission shall include representation from minority
4872 persons as defined in s. 287.0931(2) s. 288.703.
4873 Section 147. Section 947.021, Florida Statutes, is amended
4874 to read:
4875 947.021 Florida Commission on Offender Review; expedited
4876 appointments.—Whenever the Legislature decreases the membership
4877 of the commission, all terms of office shall expire,
4878 notwithstanding any law to the contrary. Under such
4879 circumstances, the Governor and Cabinet shall expedite the
4880 appointment of commissioners. Notwithstanding the parole
4881 qualifications committee procedure in s. 947.02, members shall
4882 be directly appointed by the Governor and Cabinet. Members
4883 appointed to the commission may be selected from incumbents.
4884 Members shall be certified to the Senate by the Governor and
4885 Cabinet for confirmation, and the membership of the commission
4886 shall include representation from minority persons as defined in
4887 s. 287.0931(2) s. 288.703.
4888 Section 148. Paragraph (a) of subsection (4) of section
4889 1004.435, Florida Statutes, is amended to read:
4890 1004.435 Cancer control and research.—
4891 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
4892 CREATION; COMPOSITION.—
4893 (a) There is created within the H. Lee Moffitt Cancer
4894 Center and Research Institute, Inc., the Florida Cancer Control
4895 and Research Advisory Council. The council shall consist of 16
4896 members, which includes the chairperson, all of whom must be
4897 residents of this state. The State Surgeon General or his or her
4898 designee within the Department of Health shall be one of the 16
4899 members. Members, except those appointed by the Governor, the
4900 Speaker of the House of Representatives, or the President of the
4901 Senate, must be appointed by the chief executive officer of the
4902 institution or organization represented, or his or her designee.
4903 One member must be a representative of the American Cancer
4904 Society; one member must be a representative of the Sylvester
4905 Comprehensive Cancer Center of the University of Miami; one
4906 member must be a representative of the University of Florida
4907 Shands Cancer Center; one member must be a representative of the
4908 Florida Nurses Association who specializes in the field of
4909 oncology and is not from an institution or organization already
4910 represented on the council; one member must be a representative
4911 of the Florida Osteopathic Medical Association who specializes
4912 in the field of oncology; one member must be a member of the
4913 Florida Medical Association who specializes in the field of
4914 oncology and who represents a cancer center not already
4915 represented on the council; one member must be a representative
4916 of the H. Lee Moffitt Cancer Center and Research Institute,
4917 Inc.; one member must be a representative of the Mayo Clinic in
4918 Jacksonville; one member must be a member of the Florida
4919 Hospital Association who specializes in the field of oncology
4920 and who represents a comprehensive cancer center not already
4921 represented on the council; one member must be a representative
4922 of the Association of Community Cancer Centers; one member must
4923 specialize in pediatric oncology research or clinical care
4924 appointed by the Governor; one member must specialize in
4925 oncology clinical care or research appointed by the President of
4926 the Senate; one member must be a current or former cancer
4927 patient or a current or former caregiver to a cancer patient
4928 appointed by the Speaker of the House of Representatives; one
4929 member must be a member of the House of Representatives
4930 appointed by the Speaker of the House of Representatives; and
4931 one member must be a member of the Senate appointed by the
4932 President of the Senate. At least four of the members must be
4933 individuals who are minority persons as defined in s.
4934 287.0931(2) by s. 288.703.
4935 Section 149. Subsection (6) of section 1013.30, Florida
4936 Statutes, is amended to read:
4937 1013.30 University campus master plans and campus
4938 development agreements.—
4939 (6) Before a campus master plan is adopted, a copy of the
4940 draft master plan must be sent for review or made available
4941 electronically to the host and any affected local governments,
4942 the state land planning agency, the Department of Environmental
4943 Protection, the Department of Transportation, the Department of
4944 State, the Fish and Wildlife Conservation Commission, and the
4945 applicable water management district and regional planning
4946 council. At the request of a governmental entity, a hard copy of
4947 the draft master plan shall be submitted within 7 business days
4948 of an electronic copy being made available. These agencies must
4949 be given 90 days after receipt of the campus master plans in
4950 which to conduct their review and provide comments to the
4951 university board of trustees. The commencement of this review
4952 period must be advertised in newspapers of general circulation
4953 within the host local government and any affected local
4954 government to allow for public comment. Following receipt and
4955 consideration of all comments and the holding of an informal
4956 information session and at least two public hearings within the
4957 host jurisdiction, the university board of trustees shall adopt
4958 the campus master plan. It is the intent of the Legislature that
4959 the university board of trustees comply with the notice
4960 requirements set forth in s. 163.3184(11) to ensure full public
4961 participation in this planning process. The informal public
4962 information session must be held before the first public
4963 hearing. The first public hearing shall be held before the draft
4964 master plan is sent to the agencies specified in this
4965 subsection. The second public hearing shall be held in
4966 conjunction with the adoption of the draft master plan by the
4967 university board of trustees. Campus master plans developed
4968 under this section are not rules and are not subject to chapter
4969 120 except as otherwise provided in this section.
4970 Section 150. For the purpose of incorporating the amendment
4971 made by this act to section 288.0656, Florida Statutes, in
4972 references thereto, paragraph (h) of subsection (1) of section
4973 215.971, Florida Statutes, is reenacted to read:
4974 215.971 Agreements funded with federal or state
4975 assistance.—
4976 (1) An agency agreement that provides state financial
4977 assistance to a recipient or subrecipient, as those terms are
4978 defined in s. 215.97, or that provides federal financial
4979 assistance to a subrecipient, as defined by applicable United
4980 States Office of Management and Budget circulars, must include
4981 all of the following:
4982 (h) If the agency agreement provides federal or state
4983 financial assistance to a county or municipality that is a rural
4984 community or rural area of opportunity as those terms are
4985 defined in s. 288.0656(2), a provision allowing the agency to
4986 provide for the payment of invoices to the county, municipality,
4987 or rural area of opportunity as that term is defined in s.
4988 288.0656(2), for verified and eligible performance that has been
4989 completed in accordance with the terms and conditions set forth
4990 in the agreement. This provision is included to alleviate the
4991 financial hardships that certain rural counties and
4992 municipalities encounter when administering agreements, and must
4993 be exercised by the agency when a county or municipality
4994 demonstrates financial hardship, to the extent that federal or
4995 state law, rule, or other regulation allows such payments. This
4996 paragraph may not be construed to alter or limit any other
4997 provisions of federal or state law, rule, or other regulation.
4998 Section 151. For the purpose of incorporating the amendment
4999 made by this act to section 288.0656, Florida Statutes, in a
5000 reference thereto, subsection (2) of section 257.193, Florida
5001 Statutes, is reenacted to read:
5002 257.193 Community Libraries in Caring Program.—
5003 (2) The purpose of the Community Libraries in Caring
5004 Program is to assist libraries in rural communities, as defined
5005 in s. 288.0656(2) and subject to the provisions of s. 288.06561,
5006 to strengthen their collections and services, improve literacy
5007 in their communities, and improve the economic viability of
5008 their communities.
5009 Section 152. For the purpose of incorporating the amendment
5010 made by this act to section 288.0656, Florida Statutes, in
5011 references thereto, paragraph (b) of subsection (2) of section
5012 288.0655, Florida Statutes, is reenacted to read:
5013 288.0655 Rural Infrastructure Fund.—
5014 (2)
5015 (b) To facilitate access of rural communities and rural
5016 areas of opportunity as defined by the Rural Economic
5017 Development Initiative to infrastructure funding programs of the
5018 Federal Government, such as those offered by the United States
5019 Department of Agriculture and the United States Department of
5020 Commerce, and state programs, including those offered by Rural
5021 Economic Development Initiative agencies, and to facilitate
5022 local government or private infrastructure funding efforts, the
5023 department may award grants for up to 75 percent of the total
5024 infrastructure project cost, or up to 100 percent of the total
5025 infrastructure project cost for a project located in a rural
5026 community as defined in s. 288.0656(2) which is also located in
5027 a fiscally constrained county as defined in s. 218.67(1) or a
5028 rural area of opportunity as defined in s. 288.0656(2). Eligible
5029 uses of funds may include improving any inadequate
5030 infrastructure that has resulted in regulatory action that
5031 prohibits economic or community growth and reducing the costs to
5032 community users of proposed infrastructure improvements that
5033 exceed such costs in comparable communities. Eligible uses of
5034 funds include improvements to public infrastructure for
5035 industrial or commercial sites and upgrades to or development of
5036 public tourism infrastructure. Authorized infrastructure may
5037 include the following public or public-private partnership
5038 facilities: storm water systems; telecommunications facilities;
5039 roads or other remedies to transportation impediments; nature
5040 based tourism facilities; or other physical requirements
5041 necessary to facilitate tourism, trade, and economic development
5042 activities in the community. Authorized infrastructure may also
5043 include publicly or privately owned self-powered nature-based
5044 tourism facilities, publicly owned telecommunications
5045 facilities, and additions to the distribution facilities of the
5046 existing natural gas utility as defined in s. 366.04(3)(c), the
5047 existing electric utility as defined in s. 366.02, or the
5048 existing water or wastewater utility as defined in s.
5049 367.021(12), or any other existing water or wastewater facility,
5050 which owns a gas or electric distribution system or a water or
5051 wastewater system in this state when:
5052 1. A contribution-in-aid of construction is required to
5053 serve public or public-private partnership facilities under the
5054 tariffs of any natural gas, electric, water, or wastewater
5055 utility as defined herein; and
5056 2. Such utilities as defined herein are willing and able to
5057 provide such service.
5058 Section 153. For the purpose of incorporating the amendment
5059 made by this act to section 288.0656, Florida Statutes, in a
5060 reference thereto, paragraph (d) of subsection (14) of section
5061 627.6699, Florida Statutes, is reenacted to read:
5062 627.6699 Employee Health Care Access Act.—
5063 (14) SMALL EMPLOYERS ACCESS PROGRAM.—
5064 (d) Eligibility.—
5065 1. Any small employer that is actively engaged in business,
5066 has its principal place of business in this state, employs up to
5067 25 eligible employees on business days during the preceding
5068 calendar year, employs at least 2 employees on the first day of
5069 the plan year, and has had no prior coverage for the last 6
5070 months may participate.
5071 2. Any municipality, county, school district, or hospital
5072 employer located in a rural community as defined in s.
5073 288.0656(2) may participate.
5074 3. Nursing home employers may participate.
5075 4. Each dependent of a person eligible for coverage is also
5076 eligible to participate.
5077
5078 Any employer participating in the program must do so until the
5079 end of the term for which the carrier providing the coverage is
5080 obligated to provide such coverage to the program. Coverage for
5081 a small employer group that ceases to meet the eligibility
5082 requirements of this section may be terminated at the end of the
5083 policy period for which the necessary premiums have been paid.
5084 Section 154. For the purpose of incorporating the
5085 amendments made by this act to sections 288.1167 and 288.124,
5086 Florida Statutes, in references thereto, paragraph (b) of
5087 subsection (2) of section 288.0001, Florida Statutes, is
5088 reenacted to read:
5089 288.0001 Economic Development Programs Evaluation.—The
5090 Office of Economic and Demographic Research and the Office of
5091 Program Policy Analysis and Government Accountability (OPPAGA)
5092 shall develop and present to the Governor, the President of the
5093 Senate, the Speaker of the House of Representatives, and the
5094 chairs of the legislative appropriations committees the Economic
5095 Development Programs Evaluation.
5096 (2) The Office of Economic and Demographic Research and
5097 OPPAGA shall provide a detailed analysis of economic development
5098 programs as provided in the following schedule:
5099 (b) By January 1, 2015, and every 3 years thereafter, an
5100 analysis of:
5101 1. The entertainment industry sales tax exemption program
5102 established under s. 288.1258.
5103 2. VISIT Florida and its programs established or funded
5104 under ss. 288.122-288.12265 and 288.124.
5105 3. The Florida Sports Foundation and related programs,
5106 including those established under ss. 288.1162, 288.11621,
5107 288.1166, and 288.1167.
5108 Section 155. For the purpose of incorporating the amendment
5109 made by this act to section 447.203, Florida Statutes, in
5110 references thereto, paragraph (w) of subsection (2) of section
5111 110.205, Florida Statutes, is reenacted to read:
5112 110.205 Career service; exemptions.—
5113 (2) EXEMPT POSITIONS.—The exempt positions that are not
5114 covered by this part include the following:
5115 (w) Managerial employees, as defined in s. 447.203(4),
5116 confidential employees, as defined in s. 447.203(5), and
5117 supervisory employees who spend the majority of their time
5118 communicating with, motivating, training, and evaluating
5119 employees, and planning and directing employees’ work, and who
5120 have the authority to hire, transfer, suspend, lay off, recall,
5121 promote, discharge, assign, reward, or discipline subordinate
5122 employees or effectively recommend such action, including all
5123 employees serving as supervisors, administrators, and directors.
5124 Excluded are employees also designated as special risk or
5125 special risk administrative support and attorneys who serve as
5126 administrative law judges pursuant to s. 120.65 or for hearings
5127 conducted pursuant to s. 120.57(1)(a). Additionally, registered
5128 nurses licensed under chapter 464, dentists licensed under
5129 chapter 466, psychologists licensed under chapter 490 or chapter
5130 491, nutritionists or dietitians licensed under part X of
5131 chapter 468, pharmacists licensed under chapter 465,
5132 psychological specialists licensed under chapter 491, physical
5133 therapists licensed under chapter 486, and speech therapists
5134 licensed under part I of chapter 468 are excluded, unless
5135 otherwise collectively bargained.
5136 Section 156. For the purpose of incorporating the amendment
5137 made by this act to section 164.1031, Florida Statutes, in a
5138 reference thereto, paragraph (d) of subsection (2) of section
5139 163.3162, Florida Statutes, is reenacted to read:
5140 163.3162 Agricultural lands and practices.—
5141 (2) DEFINITIONS.—As used in this section, the term:
5142 (d) “Governmental entity” has the same meaning as provided
5143 in s. 164.1031. The term does not include a water management
5144 district, a water control district established under chapter
5145 298, or a special district created by special act for water
5146 management purposes.
5147 Section 157. For the purpose of incorporating the amendment
5148 made by this act to section 164.1031, Florida Statutes, in a
5149 reference thereto, subsection (8) of section 373.129, Florida
5150 Statutes, is reenacted to read:
5151 373.129 Maintenance of actions.—The department, the
5152 governing board of any water management district, any local
5153 board, or a local government to which authority has been
5154 delegated pursuant to s. 373.103(8), is authorized to commence
5155 and maintain proper and necessary actions and proceedings in any
5156 court of competent jurisdiction for any of the following
5157 purposes:
5158 (8) In conflicts arising where a water management district
5159 is a party to litigation against another governmental entity, as
5160 defined in s. 164.1031, a district has an affirmative duty to
5161 engage in alternative dispute resolution in good faith as
5162 required by chapter 164.
5163 Section 158. For the purpose of incorporating the amendment
5164 made by this act to section 339.155, Florida Statutes, in
5165 references thereto, subsections (1) and (3) of section 339.2819,
5166 Florida Statutes, are reenacted to read:
5167 339.2819 Transportation Regional Incentive Program.—
5168 (1) There is created within the Department of
5169 Transportation a Transportation Regional Incentive Program for
5170 the purpose of providing funds to improve regionally significant
5171 transportation facilities in regional transportation areas
5172 created pursuant to s. 339.155(4).
5173 (3) The department shall allocate funding available for the
5174 Transportation Regional Incentive Program to the districts based
5175 on a factor derived from equal parts of population and motor
5176 fuel collections for eligible counties in regional
5177 transportation areas created pursuant to s. 339.155(4).
5178 Section 159. For the purpose of incorporating the
5179 amendments made by this act to sections 380.045 and 380.05,
5180 Florida Statutes, in a reference thereto, subsections (5) and
5181 (6) of section 380.0552, Florida Statutes, are reenacted to
5182 read:
5183 380.0552 Florida Keys Area; protection and designation as
5184 area of critical state concern.—
5185 (5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5),
5186 (9)-(11), (15), (17), and (21) shall not apply to the area
5187 designated by this section for so long as the designation
5188 remains in effect. Except as otherwise provided in this section,
5189 s. 380.045 shall not apply to the area designated by this
5190 section. All other provisions of this chapter shall apply,
5191 including s. 380.07.
5192 (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The
5193 Governor, acting as the chief planning officer of the state,
5194 shall appoint a resource planning and management committee for
5195 the Florida Keys Area with the membership as specified in s.
5196 380.045(2). Meetings shall be called as needed by the chair or
5197 on the demand of three or more members of the committee. The
5198 committee shall:
5199 (a) Serve as a liaison between the state and local
5200 governments within Monroe County.
5201 (b) Develop, with local government officials in the Florida
5202 Keys Area, recommendations to the state land planning agency as
5203 to the sufficiency of the Florida Keys Area’s comprehensive plan
5204 and land development regulations.
5205 (c) Recommend to the state land planning agency changes to
5206 state and regional plans and regulatory programs affecting the
5207 Florida Keys Area.
5208 (d) Assist units of local government within the Florida
5209 Keys Area in carrying out the planning functions and other
5210 responsibilities required by this section.
5211 (e) Review, at a minimum, all reports and other materials
5212 provided to it by the state land planning agency or other
5213 governmental agencies.
5214 Section 160. For the purpose of incorporating the amendment
5215 made by this act to section 403.507, Florida Statutes, in a
5216 reference thereto, paragraph (a) of subsection (1) of section
5217 403.5064, Florida Statutes, is reenacted to read:
5218 403.5064 Application; schedules.—
5219 (1) The formal date of filing of a certification
5220 application and commencement of the certification review process
5221 shall be when the applicant submits:
5222 (a) Copies of the certification application in a quantity
5223 and format as prescribed by rule to the department and other
5224 agencies identified in s. 403.507(2)(a).
5225 Section 161. For the purpose of incorporating the amendment
5226 made by this act to section 403.526, Florida Statutes, in a
5227 reference thereto, paragraph (a) of subsection (1) of section
5228 403.5251, Florida Statutes, is reenacted to read:
5229 403.5251 Application; schedules.—
5230 (1)(a) The formal date of the filing of the application for
5231 certification and commencement of the review process for
5232 certification is the date on which the applicant submits:
5233 1. Copies of the application for certification in a
5234 quantity and format, electronic or otherwise as prescribed by
5235 rule, to the department and other agencies identified in s.
5236 403.526(2).
5237 2. The application fee as specified under s. 403.5365 to
5238 the department.
5239
5240 The department shall provide to the applicant and the Division
5241 of Administrative Hearings the names and addresses of any
5242 additional agencies or persons entitled to notice and copies of
5243 the application and amendments, if any, within 7 days after
5244 receiving the application for certification and the application
5245 fees.
5246 Section 162. For the purpose of incorporating the amendment
5247 made by this act to section 403.526, Florida Statutes, in
5248 references thereto, paragraphs (d) and (f) of subsection (1) of
5249 section 403.5271, Florida Statutes, are reenacted to read:
5250 403.5271 Alternate corridors.—
5251 (1) No later than 45 days before the originally scheduled
5252 certification hearing, any party may propose alternate
5253 transmission line corridor routes for consideration under the
5254 provisions of this act.
5255 (d) Within 21 days after acceptance of an alternate
5256 corridor by the department and the applicant, the party
5257 proposing an alternate corridor shall have the burden of
5258 providing all data to the agencies listed in s. 403.526(2) and
5259 newly affected agencies necessary for the preparation of a
5260 supplementary report on the proposed alternate corridor.
5261 (f) The agencies listed in s. 403.526(2) and any newly
5262 affected agencies shall file supplementary reports with the
5263 applicant and the department which address the proposed
5264 alternate corridors no later than 24 days after the data
5265 submitted pursuant to paragraph (d) or paragraph (e) is
5266 determined to be complete.
5267 Section 163. For the purpose of incorporating the amendment
5268 made by this act to section 403.941, Florida Statutes, in a
5269 reference thereto, paragraph (c) of subsection (5) of section
5270 403.9421, Florida Statutes, is reenacted to read:
5271 403.9421 Fees; disposition.—The department shall charge the
5272 applicant the following fees, as appropriate, which shall be
5273 paid into the Florida Permit Fee Trust Fund:
5274 (5) In administering fee revenues received under this
5275 section, the department shall allocate the funds as follows:
5276 (c) The balance of fees remaining shall be used by the
5277 department to reimburse affected agencies included in s.
5278 403.941(2)(a) for costs incurred in application and
5279 postcertification review, respectively.
5280 1. For application processing costs, upon presentation by
5281 an affected agency of a proper itemized accounting within 90
5282 days after the date of the board’s order approving certification
5283 or the date on which a pending application is otherwise disposed
5284 of, the department shall reimburse the agencies for authorized
5285 costs from the fee balances remaining. Such reimbursement shall
5286 be authorized for studies and the preparation of any reports
5287 required of the agencies by ss. 403.9401-403.9425, for agency
5288 travel and per diem to attend any hearing held, and for
5289 participation in the proceedings. In the event the amount
5290 available for allocation is insufficient to provide for complete
5291 reimbursement to the agencies, reimbursement shall be on a
5292 prorated basis. If any sums are remaining, the department shall
5293 retain them for use in the same manner as is otherwise
5294 authorized by this section; however, if the certification
5295 application is withdrawn, the remaining sums shall be refunded
5296 to the applicant within 120 days after withdrawal.
5297 2. For postcertification costs, an invoice may be submitted
5298 on an annual basis, commencing from the date of certification,
5299 for expenses incurred by affected agencies conducting
5300 postcertification review work pursuant to the conditions of
5301 certification. In the event the amount available for allocation
5302 is insufficient to provide for complete reimbursement to the
5303 agencies, reimbursement shall be on a prorated basis.
5304 Section 164. This act shall take effect July 1, 2025.