Florida Senate - 2025                             CS for SB 1264
       
       
        
       By the Committee on Commerce and Tourism; and Senator Collins
       
       
       
       
       
       577-03064-25                                          20251264c1
    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, 287.0931,
    6         288.12266, 288.124, 288.706, 288.7094, 288.7102,
    7         288.71025, 288.7103, and 288.714, F.S., relating to
    8         minority participation; a short title; legislative
    9         findings and public purpose; definitions relating to
   10         the Florida Regional Planning Council Act; regional
   11         planning councils, creation, and membership; regional
   12         planning councils, powers and duties; the Executive
   13         Office of the Governor, powers and duties; strategic
   14         regional policy plans; strategic regional policy plan
   15         adoption, consistency with state comprehensive plan;
   16         dispute resolution process; evaluation of strategic
   17         regional policy plan, changes in plan; designation of
   18         regional planning councils; reports; creation of
   19         regional planning councils under ch. 163, F.S.;
   20         minority business enterprises; the Targeted Marketing
   21         Assistance Program; convention grants program; the
   22         Florida Minority Business Loan Mobilization Program;
   23         black business investment corporations; the Black
   24         Business Loan Program; prohibited acts and penalties;
   25         eligibility for a loan, loan guarantee, or investment;
   26         and quarterly and annual reports, respectively;
   27         amending s. 20.60, F.S.; revising the purpose of the
   28         Department of Commerce; revising the responsibilities
   29         of the Division of Economic Development within the
   30         department; assigning responsibility to the division
   31         for the Office of Secure Florida within the
   32         department; specifying the responsibilities of the
   33         office; amending s. 212.08, F.S.; deleting a
   34         prohibition that the Department of Revenue may not
   35         issue temporary tax exemption certificates after a
   36         specified date; amending s. 215.559, F.S.; requiring
   37         the Division of Emergency Management to give funding
   38         priority to projects for the Hurricane Loss Mitigation
   39         Program in regional planning council regions as such
   40         regions existed on a specified date; amending s.
   41         252.385, F.S.; requiring that the statewide emergency
   42         shelter plan identify the general location and square
   43         footage of special needs shelters by regional planning
   44         council regions, as such regions existed on a
   45         specified date, during the next 5 years; requiring
   46         that state funds be maximized and targeted to regional
   47         planning council regions as such regions existed on a
   48         specified date; amending s. 253.025, F.S.; providing
   49         an exemption for Federal Government agencies regarding
   50         land being reverted to the Board of Trustees of the
   51         Internal Improvement Trust Fund if land conveyances
   52         are at less than the appraised value; amending s.
   53         287.012, F.S.; deleting the definition of the term
   54         “minority business enterprise”; amending s. 287.042,
   55         F.S.; conforming provisions to changes made by the
   56         act; amending s. 287.09451, F.S.; revising legislative
   57         findings; renaming the Office of Supplier Diversity as
   58         the Office of Supplier Development; specifying that
   59         the purpose and duties of the office are to assist
   60         rural or urban business enterprises, rather than
   61         minority business enterprises; conforming a provision
   62         to changes made by the act; making technical changes;
   63         amending s. 287.0947, F.S.; renaming the Florida
   64         Advisory Council on Small and Minority Business
   65         Development as the Florida Advisory Council on Small,
   66         Rural, and Urban Business Development; revising the
   67         composition of the council’s membership; revising the
   68         council’s powers and duties; conforming a cross
   69         reference; amending s. 288.001, F.S.; revising the
   70         criteria for membership of the statewide advisory
   71         board of the Florida Small Business Development Center
   72         Network; amending s. 288.0065, F.S.; revising the list
   73         of information that must be included in the
   74         department’s annual incentives report; amending s.
   75         288.1167, F.S.; revising the sports franchise contract
   76         provisions for food and beverage concession and
   77         contract awards; amending s. 288.1229, F.S.; revising
   78         the representational criteria for the board of
   79         directors of the Florida Sports Foundation; amending
   80         s. 288.7015, F.S.; revising the duties of the state’s
   81         rules ombudsman; amending s. 288.702, F.S.; renaming
   82         the Florida Small and Minority Business Assistance Act
   83         as the Florida Small Business Act; conforming a cross
   84         reference; amending s. 288.703, F.S.; defining,
   85         deleting, and revising terms; amending s. 288.705,
   86         F.S.; requiring the Small Business Development Center,
   87         in coordination with Minority Business Development
   88         Centers, to compile and distribute certain information
   89         to small businesses and businesses located in rural or
   90         urban areas, rather than to minority businesses;
   91         revising the list of information that must be included
   92         by the Small Business Development Center in its annual
   93         report to the Department of Commerce; amending s.
   94         288.776, F.S.; deleting a membership requirement of
   95         the board of directors of the Florida Export Finance
   96         Corporation; creating s. 288.9628, F.S.; providing
   97         legislative findings; establishing the Research,
   98         Innovation, Science, and Engineering (RISE) Investment
   99         Tax Credit Program within the Department of Commerce;
  100         providing the purpose for the program; requiring the
  101         department to coordinate with the Florida Opportunity
  102         Fund and the State Board of Administration for a
  103         specified purpose; defining terms; requiring an
  104         applicant to apply to the department for authorization
  105         to claim tax credits; requiring the department to
  106         review and act upon such application within a
  107         specified timeframe; requiring the applicant to
  108         provide certain information required by the
  109         department; specifying the information that must be
  110         included in the application; requiring an applicant to
  111         update its application if there has been a material
  112         change; prohibiting tax credits from exceeding a
  113         specified amount in a fiscal year; prohibiting the
  114         department from issuing a tax credit to a qualifying
  115         private fund until the private fund demonstrates it
  116         has received its total capital commitment; prohibiting
  117         the department from authorizing more than a specified
  118         amount of tax credits to a qualifying private fund in
  119         a fiscal year; requiring a qualifying private fund to
  120         provide documentation to show that the qualifying
  121         investment meets the department’s requirements to
  122         issue a tax credit; providing that follow-on or add-on
  123         capital commitments may only be considered after the
  124         follow-on or add-on investment has been deployed;
  125         requiring a qualifying private fund to make a
  126         specified number of qualified investments in a
  127         specified number of qualifying portfolio projects to
  128         be eligible for a tax credit; specifying the
  129         information that must be included in the submission by
  130         a qualifying private fund; authorizing a qualifying
  131         private fund to receive tax credits equivalent to a
  132         certain percentage of a qualifying investment in a
  133         qualifying portfolio company; requiring the department
  134         to authorize the Department of Revenue to issue tax
  135         credits to a qualifying private fund if certain
  136         requirements are met; prohibiting the Department of
  137         Revenue from issuing more than a specified fraction of
  138         the tax credits authorized for a qualifying investment
  139         in a qualifying portfolio company in a fiscal year;
  140         authorizing credits received to be applied against the
  141         qualifying private fund’s corporate income tax
  142         liability; authorizing a qualifying private fund to
  143         transfer or sell any portion of its tax credit;
  144         requiring such transfer or sale to take place within a
  145         specified timeframe, after which the credit expires;
  146         prohibiting such transfer or sale if the department
  147         authorizes the credit but the Department of Revenue
  148         has not yet issued such credit; authorizing the
  149         department to revoke or modify its previous decisions
  150         if it is discovered that the qualifying private fund
  151         submitted any false statement, representation, or
  152         certification in its application or if information in
  153         a previous application materially changes; requiring
  154         the department to notify the Department of Revenue of
  155         any such revocation or modification affecting
  156         previously granted tax credits; requiring the
  157         qualifying private fund to notify the Department of
  158         Revenue of any change in its tax credit claimed;
  159         requiring that a qualifying private fund annually
  160         report to the department for each investment within a
  161         specified timeframe in order to remain eligible to
  162         receive tax credits; providing that failure to do so
  163         will result in the qualifying private fund’s tax
  164         credit being revoked; requiring a qualifying private
  165         fund to submit specified information to the department
  166         in order to receive a tax credit; requiring the
  167         department to revoke its approval of tax credits for
  168         the qualifying investment if it fails to meet certain
  169         requirements; requiring the department to issue a
  170         notice of revocation and recapture to the qualifying
  171         private fund and the Department of Revenue; requiring
  172         such qualifying private fund to repay to the
  173         department an amount equal to a certain percent of the
  174         tax credits authorized by the department and claimed
  175         by a qualifying portfolio company for the qualifying
  176         investment; requiring that such funds be deposited
  177         into the General Revenue Fund; providing construction;
  178         requiring the department to include specified
  179         information in its annual incentives report beginning
  180         on a specified date and annually thereafter; requiring
  181         that a certain percentage of tax credits be made
  182         available during a specified period of time for a
  183         specified purpose; requiring that all remaining tax
  184         credits be made available during a specified period of
  185         time on a first-come, first-served basis, subject to
  186         eligibility of the qualifying investment; authorizing
  187         the department to adopt rules; amending s. 290.0056,
  188         F.S.; conforming provisions to changes made by the
  189         act; amending s. 290.0057, F.S.; revising enterprise
  190         zone development plan requirements to include business
  191         investment corporations in rural or urban areas;
  192         amending s. 331.302, F.S.; providing that Space
  193         Florida is not an agency for purposes of its ability
  194         to bid and contract for certain professional and
  195         construction services under certain circumstances, and
  196         is therefore exempt from certain requirements;
  197         providing that monies received by the person under
  198         contract with Space Florida to provide certain goods
  199         and services are not state or local government funds;
  200         amending s. 331.351, F.S.; revising legislative intent
  201         that rural or urban business enterprises, rather than
  202         women, minorities, and socially and economically
  203         disadvantaged business enterprises, be encouraged to
  204         participate fully in specified development; amending
  205         s. 445.08, F.S.; revising the minimum eligibility
  206         requirements for the Florida Law Enforcement
  207         Recruitment Bonus Payment Program for newly employed
  208         law enforcement officers; deleting an expiration date;
  209         amending s. 447.203, F.S.; revising the definition of
  210         the term “managerial employees”; authorizing local
  211         governments to enter into agreements to create
  212         regional planning entities; amending ss. 17.11,
  213         68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177,
  214         163.3178, 163.3184, 163.3245, 163.568, 164.1031,
  215         186.003, 186.006, 186.007, 186.008, 186.803, 187.201,
  216         212.096, 218.32, 255.101, 255.102, 258.501, 260.0142,
  217         287.042, 287.055, 287.057, 287.0943, 287.09431,
  218         288.0001, 288.7031, 288.975, 290.004, 320.08058,
  219         335.188, 339.155, 339.175, 339.285, 339.63, 339.64,
  220         341.041, 343.54, 366.93, 369.303, 369.307, 373.309,
  221         373.415, 376.3072, 377.703, 378.411, 380.031, 380.045,
  222         380.05, 380.055, 380.06, 380.061, 380.07, 380.23,
  223         380.507, 381.986, 403.031, 403.0752, 403.503,
  224         403.50663, 403.507, 403.509, 403.5115, 403.5175,
  225         403.518, 403.522, 403.526, 403.5271, 403.5272,
  226         403.5363, 403.5365, 403.537, 403.704, 403.7225,
  227         403.7226, 403.723, 403.9403, 403.941, 403.9422,
  228         403.973, 408.033, 420.609, 473.3065, 501.171,
  229         625.3255, 657.042, 658.67, and 1013.30, F.S.;
  230         conforming provisions to changes made by the act;
  231         revising and conforming cross-references; making
  232         technical changes; reenacting s. 110.205(2)(w), F.S.,
  233         relating to career service exemptions, to incorporate
  234         the amendment made to s. 447.203, F.S., in references
  235         thereto; reenacting ss. 163.3162(2)(d) and 373.129(8),
  236         F.S., relating to agricultural lands and practices and
  237         maintenance of actions, respectively, to incorporate
  238         the amendment made to s. 164.1031, F.S., in references
  239         thereto; reenacting s. 339.2819(1) and (3), F.S.,
  240         relating to the Transportation Regional Incentive
  241         Program, to incorporate the amendment made to s.
  242         339.155, F.S., in references thereto; reenacting s.
  243         380.0552(5) and (6), F.S., relating to the Florida
  244         Keys Area, to incorporate the amendments made to ss.
  245         380.045 and 380.05, F.S., in references thereto;
  246         reenacting s. 403.5064(1)(a), F.S., relating to
  247         application schedules, to incorporate the amendment
  248         made to s. 403.507, F.S., in a reference thereto;
  249         reenacting ss. 403.5251(1)(a) and 403.5271(1)(d) and
  250         (f), F.S., relating to application and schedules and
  251         alternate corridors, respectively, to incorporate the
  252         amendment made to s. 403.526, F.S., in references
  253         thereto; reenacting s. 403.9421(5)(c), F.S., relating
  254         to fees and disposition, to incorporate the amendment
  255         made to s. 403.941, F.S., in a reference thereto;
  256         providing an effective date.
  257          
  258  Be It Enacted by the Legislature of the State of Florida:
  259  
  260         Section 1. Section 24.113, Florida Statutes, is repealed.
  261         Section 2. Section 186.501, Florida Statutes, is repealed.
  262         Section 3. Section 186.502, Florida Statutes, is repealed.
  263         Section 4. Section 186.503, Florida Statutes, is repealed.
  264         Section 5. Section 186.504, Florida Statutes, is repealed.
  265         Section 6. Section 186.505, Florida Statutes, is repealed.
  266         Section 7. Section 186.506, Florida Statutes, is repealed.
  267         Section 8. Section 186.507, Florida Statutes, is repealed.
  268         Section 9. Section 186.508, Florida Statutes, is repealed.
  269         Section 10. Section 186.509, Florida Statutes, is repealed.
  270         Section 11. Section 186.511, Florida Statutes, is repealed.
  271         Section 12. Section 186.512, Florida Statutes, is repealed.
  272         Section 13. Section 186.513, Florida Statutes, is repealed.
  273         Section 14. Section 186.515, Florida Statutes, is repealed.
  274         Section 15. Section 287.0931, Florida Statutes, is
  275  repealed.
  276         Section 16. Section 288.12266, Florida Statutes, is
  277  repealed.
  278         Section 17. Section 288.124, Florida Statutes, is repealed.
  279         Section 18. Section 288.706, Florida Statutes, is repealed.
  280         Section 19. Section 288.7094, Florida Statutes, is
  281  repealed.
  282         Section 20. Section 288.7102, Florida Statutes, is
  283  repealed.
  284         Section 21. Section 288.71025, Florida Statutes, is
  285  repealed.
  286         Section 22. Section 288.7103, Florida Statutes, is
  287  repealed.
  288         Section 23. Section 288.714, Florida Statutes, is repealed.
  289         Section 24. Section 331.351, Florida Statutes, is repealed.
  290         Section 25. Paragraphs (e) and (k) of subsection (4) and
  291  paragraph (a) of subsection (5) of section 20.60, Florida
  292  Statutes, are amended to read:
  293         20.60 Department of Commerce; creation; powers and duties.—
  294         (4) The purpose of the department is to assist the Governor
  295  in working with the Legislature, state agencies, business
  296  leaders, and economic development professionals to formulate and
  297  implement coherent and consistent policies and strategies
  298  designed to promote economic opportunities for all Floridians.
  299  The department is the state’s chief agency for business
  300  recruitment and expansion and economic development. To
  301  accomplish such purposes, the department shall:
  302         (e) Manage the activities of public-private partnerships
  303  and state agencies in order to avoid duplication and promote
  304  coordinated and consistent implementation of programs in areas
  305  including, but not limited to, tourism; international trade and
  306  investment; business recruitment, creation, retention, and
  307  expansion; minority and small business development; business
  308  development in rural or urban areas; defense, space, and
  309  aerospace development; rural community development; and the
  310  development and promotion of professional and amateur sporting
  311  events.
  312         (k) Assist, promote, and enhance economic opportunities for
  313  this state’s minority-owned businesses and rural or and urban
  314  communities.
  315         (5) The divisions within the department have specific
  316  responsibilities to achieve the duties, responsibilities, and
  317  goals of the department. Specifically:
  318         (a) The Division of Economic Development shall:
  319         1. Analyze and evaluate business prospects identified by
  320  the Governor and the secretary.
  321         2. Administer certain tax refund, tax credit, and grant
  322  programs created in law. Notwithstanding any other provision of
  323  law, the department may expend interest earned from the
  324  investment of program funds deposited in the Grants and
  325  Donations Trust Fund to contract for the administration of those
  326  programs, or portions of the programs, assigned to the
  327  department by law, by the appropriations process, or by the
  328  Governor. Such expenditures are shall be subject to review under
  329  chapter 216.
  330         3. Develop measurement protocols for the state incentive
  331  programs and for the contracted entities which will be used to
  332  determine their performance and competitive value to the state.
  333  Performance measures, benchmarks, and sanctions must be
  334  developed in consultation with the legislative appropriations
  335  committees and the appropriate substantive committees, and are
  336  subject to the review and approval process provided in s.
  337  216.177. The approved performance measures, standards, and
  338  sanctions must shall be included and made a part of the
  339  strategic plan for contracts entered into for delivery of
  340  programs authorized by this section.
  341         4. Develop a 5-year statewide strategic plan. The strategic
  342  plan must include, but need not be limited to:
  343         a. Strategies for the promotion of business formation,
  344  expansion, recruitment, and retention through aggressive
  345  marketing, attraction of venture capital and finance
  346  development, domestic trade, international development, and
  347  export assistance, which lead to more and better jobs and higher
  348  wages for all geographic regions, disadvantaged communities, and
  349  populations of the state, including rural areas, minority
  350  businesses, and urban core areas.
  351         b. The development of realistic policies and programs to
  352  further the economic diversity of the state, its regions, and
  353  their associated industrial clusters.
  354         c. Specific provisions for the stimulation of economic
  355  development and job creation in rural areas and midsize cities
  356  and counties of the state, including strategies for rural
  357  marketing and the development of infrastructure in rural areas.
  358         d. Provisions for the promotion of the successful long-term
  359  economic development of the state with increased emphasis in
  360  market research and information.
  361         e. Plans for the generation of foreign investment in the
  362  state which create jobs paying above-average wages and which
  363  result in reverse investment in the state, including programs
  364  that establish viable overseas markets, assist in meeting the
  365  financing requirements of export-ready firms, broaden
  366  opportunities for international joint venture relationships, use
  367  the resources of academic and other institutions, coordinate
  368  trade assistance and facilitation services, and facilitate
  369  availability of and access to education and training programs
  370  that assure requisite skills and competencies necessary to
  371  compete successfully in the global marketplace.
  372         f. The identification of business sectors that are of
  373  current or future importance to the state’s economy and to the
  374  state’s global business image, and development of specific
  375  strategies to promote the development of such sectors.
  376         g. Strategies for talent development necessary in the state
  377  to encourage economic development growth, taking into account
  378  factors such as the state’s talent supply chain, education and
  379  training opportunities, and available workforce.
  380         h. Strategies and plans to support this state’s defense,
  381  space, and aerospace industries and the emerging complementary
  382  business activities and industries that support the development
  383  and growth of defense, space, and aerospace in this state.
  384         5. Update the strategic plan every 5 years.
  385         6. Involve CareerSource Florida, Inc.; direct-support
  386  organizations of the department; local governments; the general
  387  public; local and regional economic development organizations;
  388  other local, state, and federal economic, international, and
  389  workforce development entities; the business community; and
  390  educational institutions to assist with the strategic plan.
  391         7. Coordinate with the Florida Tourism Industry Marketing
  392  Corporation in the development of the 4-year marketing plan
  393  pursuant to s. 288.1226(13).
  394         8. Administer and manage relationships, as appropriate,
  395  with the entities and programs created pursuant to the Florida
  396  Capital Formation Act, ss. 288.9621-288.96255.
  397         9. Establish the Office of Secure Florida. The office is
  398  responsible for administering and enforcing:
  399         a. E-Verify and employment authorization compliance, as set
  400  forth in ss. 448.09 and 448.095.
  401         b. The prohibition against the purchase and registration of
  402  real property in this state by foreign principals, as set forth
  403  in ss. 692.203 and 692.204.
  404         Section 26. Paragraph (r) of subsection (5) of section
  405  212.08, Florida Statutes, is amended to read:
  406         212.08 Sales, rental, use, consumption, distribution, and
  407  storage tax; specified exemptions.—The sale at retail, the
  408  rental, the use, the consumption, the distribution, and the
  409  storage to be used or consumed in this state of the following
  410  are hereby specifically exempt from the tax imposed by this
  411  chapter.
  412         (5) EXEMPTIONS; ACCOUNT OF USE.—
  413         (r) Data center property.—
  414         1. As used in this paragraph, the term:
  415         a. “Critical IT load” means that portion of electric power
  416  capacity, expressed in terms of megawatts, which is reserved
  417  solely for owners or tenants of a data center to operate their
  418  computer server equipment. The term does not include any
  419  ancillary load for cooling, lighting, common areas, or other
  420  equipment.
  421         b. “Cumulative capital investment” means the combined total
  422  of all expenses incurred by the owners or tenants of a data
  423  center after July 1, 2017, in connection with acquiring,
  424  constructing, installing, equipping, or expanding the data
  425  center. However, the term does not include any expenses incurred
  426  in the acquisition of improved real property operating as a data
  427  center at the time of acquisition or within 6 months before the
  428  acquisition.
  429         c. “Data center” means a facility that:
  430         (I) Consists of one or more contiguous parcels in this
  431  state, along with the buildings, substations and other
  432  infrastructure, fixtures, and personal property located on the
  433  parcels;
  434         (II) Is used exclusively to house and operate equipment
  435  that receives, stores, aggregates, manages, processes,
  436  transforms, retrieves, researches, or transmits data; or that is
  437  necessary for the proper operation of equipment that receives,
  438  stores, aggregates, manages, processes, transforms, retrieves,
  439  researches, or transmits data;
  440         (III) Has a critical IT load of 15 megawatts or higher, and
  441  a critical IT load of 1 megawatt or higher dedicated to each
  442  individual owner or tenant within the data center; and
  443         (IV) Is constructed on or after July 1, 2017.
  444         d. “Data center property” means property used exclusively
  445  at a data center to construct, outfit, operate, support, power,
  446  cool, dehumidify, secure, or protect a data center and any
  447  contiguous dedicated substations. The term includes, but is not
  448  limited to, construction materials, component parts, machinery,
  449  equipment, computers, servers, installations, redundancies, and
  450  operating or enabling software, including any replacements,
  451  updates and new versions, and upgrades to or for such property,
  452  regardless of whether the property is a fixture or is otherwise
  453  affixed to or incorporated into real property. The term also
  454  includes electricity used exclusively at a data center.
  455         2. Data center property is exempt from the tax imposed by
  456  this chapter, except for the tax imposed by s. 212.031. To be
  457  eligible for the exemption provided by this paragraph, the data
  458  center’s owners and tenants must make a cumulative capital
  459  investment of $150 million or more for the data center and the
  460  data center must have a critical IT load of 15 megawatts or
  461  higher and a critical IT load of 1 megawatt or higher dedicated
  462  to each individual owner or tenant within the data center. Each
  463  of these requirements must be satisfied no later than 5 years
  464  after the commencement of construction of the data center.
  465         3.a. To receive the exemption provided by this paragraph,
  466  the person seeking the exemption must apply to the department
  467  for a temporary tax exemption certificate. The application must
  468  state that a qualifying data center designation is being sought
  469  and provide information that the requirements of subparagraph 2.
  470  will be met. Upon a tentative determination by the department
  471  that the data center will meet the requirements of subparagraph
  472  2., the department must issue the certificate.
  473         b.(I) The certificateholder shall maintain all necessary
  474  books and records to support the exemption provided by this
  475  paragraph. Upon satisfaction of all requirements of subparagraph
  476  2., the certificateholder must deliver the temporary tax
  477  certificate to the department together with documentation
  478  sufficient to show the satisfaction of the requirements. Such
  479  documentation must include written declarations, pursuant to s.
  480  92.525, from:
  481         (A) A professional engineer, licensed pursuant to chapter
  482  471, certifying that the critical IT load requirement set forth
  483  in subparagraph 2. has been satisfied at the data center; and
  484         (B) A Florida certified public accountant, as defined in s.
  485  473.302, certifying that the cumulative capital investment
  486  requirement set forth in subparagraph 2. has been satisfied for
  487  the data center.
  488  
  489  The professional engineer and the Florida certified public
  490  accountant may not be professionally related with the data
  491  center’s owners, tenants, or contractors, except that they may
  492  be retained by a data center owner to certify that the
  493  requirements of subparagraph 2. have been met.
  494         (II) If the department determines that the subparagraph 2.
  495  requirements have been satisfied, the department must issue a
  496  permanent tax exemption certificate.
  497         (III) Notwithstanding s. 212.084(4), the permanent tax
  498  exemption certificate remains valid and effective for as long as
  499  the data center described in the exemption application continues
  500  to operate as a data center as defined in subparagraph 1., with
  501  review by the department every 5 years to ensure compliance. As
  502  part of the review, the certificateholder shall, within 3 months
  503  before the end of any 5-year period, submit a written
  504  declaration, pursuant to s. 92.525, certifying that the critical
  505  IT load of 15 megawatts or higher and the critical IT load of 1
  506  megawatt or higher dedicated to each individual owner or tenant
  507  within the data center required by subparagraph 2. continues to
  508  be met. All owners, tenants, contractors, and others purchasing
  509  exempt data center property shall maintain all necessary books
  510  and records to support the exemption as to those purchases.
  511         (IV) Notwithstanding s. 213.053, the department may share
  512  information concerning a temporary or permanent data center
  513  exemption certificate among all owners, tenants, contractors,
  514  and others purchasing exempt data center property pursuant to
  515  such certificate.
  516         c. If, in an audit conducted by the department, it is
  517  determined that the certificateholder or any owners, tenants,
  518  contractors, or others purchasing, renting, or leasing data
  519  center property do not meet the criteria of this paragraph, the
  520  amount of taxes exempted at the time of purchase, rental, or
  521  lease is immediately due and payable to the department from the
  522  purchaser, renter, or lessee of those particular items, together
  523  with the appropriate interest and penalty computed from the date
  524  of purchase in the manner prescribed by this chapter.
  525  Notwithstanding s. 95.091(3)(a), any tax due as provided in this
  526  sub-subparagraph may be assessed by the department within 6
  527  years after the date the data center property was purchased.
  528         d. Purchasers, lessees, and renters of data center property
  529  who qualify for the exemption provided by this paragraph shall
  530  obtain from the data center a copy of the tax exemption
  531  certificate issued pursuant to sub-subparagraph a. or sub
  532  subparagraph b. Before or at the time of purchase of the item or
  533  items eligible for exemption, the purchaser, lessee, or renter
  534  shall provide to the seller a copy of the tax exemption
  535  certificate and a signed certificate of entitlement. Purchasers,
  536  lessees, and renters with self-accrual authority shall maintain
  537  all documentation necessary to prove the exempt status of
  538  purchases.
  539         e. For any purchase, lease, or rental of property that is
  540  exempt pursuant to this paragraph, the possession of a copy of a
  541  tax exemption certificate issued pursuant to sub-subparagraph a.
  542  or sub-subparagraph b. and a signed certificate of entitlement
  543  relieves the seller of the responsibility of collecting the tax
  544  on the sale, lease, or rental of such property, and the
  545  department must look solely to the purchaser, renter, or lessee
  546  for recovery of the tax if it determines that the purchase,
  547  rental, or lease was not entitled to the exemption.
  548         4. After June 30, 2027, the department may not issue a
  549  temporary tax exemption certificate pursuant to this paragraph.
  550         Section 27. Paragraph (b) of subsection (1) of section
  551  215.559, Florida Statutes, is amended to read:
  552         215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
  553  Mitigation Program is established in the Division of Emergency
  554  Management.
  555         (1) The Legislature shall annually appropriate $10 million
  556  of the moneys authorized for appropriation under s.
  557  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
  558  division for the purposes set forth in this section. Of the
  559  amount:
  560         (b) Three million dollars in funds shall be used to
  561  construct or retrofit facilities used as public hurricane
  562  shelters. Each year the division shall prioritize the use of
  563  these funds for projects included in the annual report of the
  564  Shelter Development Report prepared in accordance with s.
  565  252.385(3). The division must give funding priority to projects
  566  in regional planning council regions, as such regions existed on
  567  January 1, 2025, that have shelter deficits and to projects that
  568  maximize the use of state funds.
  569         Section 28. Paragraph (b) of subsection (2) and subsection
  570  (3) of section 252.385, Florida Statutes, are amended to read:
  571         252.385 Public shelter space; public records exemption.—
  572         (2)
  573         (b) By January 31 of each even-numbered year, the division
  574  shall prepare and submit a statewide emergency shelter plan to
  575  the Governor and Cabinet for approval, subject to the
  576  requirements for approval in s. 1013.37(2). The emergency
  577  shelter plan must project, for each of the next 5 years, the
  578  hurricane shelter needs of the state, including periods of time
  579  during which a concurrent public health emergency may
  580  necessitate more space for each individual to accommodate
  581  physical distancing. In addition to information on the general
  582  shelter needs throughout this state, the plan must identify the
  583  general location and square footage of special needs shelters
  584  annually through 2030, by regional planning council region. The
  585  plan must also include information on the availability of
  586  shelters that accept pets. The Department of Health shall assist
  587  the division in determining the estimated need for special needs
  588  shelter space and the adequacy of facilities to meet the needs
  589  of persons with special needs based on information from the
  590  registries of persons with special needs and other information.
  591         (3) The division shall annually provide to the President of
  592  the Senate, the Speaker of the House of Representatives, and the
  593  Governor a list of facilities recommended to be retrofitted
  594  using state funds. State funds must should be maximized and
  595  targeted to regional planning council regions, as such regions
  596  existed on January 1, 2025, with hurricane evacuation shelter
  597  deficits. The owner or lessee of a public hurricane evacuation
  598  shelter that is included on the list of facilities recommended
  599  for retrofitting is not required to perform any recommended
  600  improvements.
  601         Section 29. Paragraph (d) of subsection (21) of section
  602  253.025, Florida Statutes, is amended to read:
  603         253.025 Acquisition of state lands.—
  604         (21)
  605         (d) A conveyance at less than appraised value must state
  606  that the land will revert to the board of trustees if the land
  607  is not used for its intended purposes as a military installation
  608  buffer or if the military installation closes. Federal
  609  Government agencies, including the Department of Defense and its
  610  subordinate Departments of the Army, Navy, and Air Force, and
  611  the Department of Homeland Security’s United States Coast Guard,
  612  are exempt from this paragraph if the primary purpose of
  613  remaining as a military installation buffer continues, even
  614  though the specific military purpose, mission, and function on
  615  the conveyed land is modified or changes from that which was
  616  present or proposed at the time of the conveyance.
  617         Section 30. Subsection (18) of section 287.012, Florida
  618  Statutes, is amended to read:
  619         287.012 Definitions.—As used in this part, the term:
  620         (18) “Minority business enterprise” has the same meaning as
  621  provided in s. 288.703.
  622         Section 31. Paragraph (a) of subsection (2) and paragraph
  623  (b) of subsection (3) of section 287.042, Florida Statutes, are
  624  amended to read:
  625         287.042 Powers, duties, and functions.—The department shall
  626  have the following powers, duties, and functions:
  627         (2)(a) To establish purchasing agreements and procure state
  628  term contracts for commodities and contractual services,
  629  pursuant to s. 287.057, under which state agencies shall, and
  630  eligible users may, make purchases pursuant to s. 287.056. The
  631  department may restrict purchases from some term contracts to
  632  state agencies only for those term contracts where the inclusion
  633  of other governmental entities will have an adverse effect on
  634  competition or to those federal facilities located in this
  635  state. In such planning or purchasing the Office of Supplier
  636  Development Diversity may monitor to ensure that opportunities
  637  are afforded for contracting with rural or urban minority
  638  business enterprises. The department, for state term contracts,
  639  and all agencies, for multiyear contractual services or term
  640  contracts, shall explore reasonable and economical means to
  641  utilize certified rural or urban minority business enterprises.
  642  Purchases by any county, municipality, private nonprofit
  643  community transportation coordinator designated pursuant to
  644  chapter 427, while conducting business related solely to the
  645  Commission for the Transportation Disadvantaged, or other local
  646  public agency under the provisions in the state purchasing
  647  contracts, and purchases, from the corporation operating the
  648  correctional work programs, of products or services that are
  649  subject to paragraph (1)(f), are exempt from the competitive
  650  solicitation requirements otherwise applying to their purchases.
  651         (3) To establish a system of coordinated, uniform
  652  procurement policies, procedures, and practices to be used by
  653  agencies in acquiring commodities and contractual services,
  654  which shall include, but not be limited to:
  655         (b)1. Development of procedures for advertising
  656  solicitations. These procedures must provide for electronic
  657  posting of solicitations for at least 10 days before the date
  658  set for receipt of bids, proposals, or replies, unless the
  659  department or other agency determines in writing that a shorter
  660  period of time is necessary to avoid harming the interests of
  661  the state. The Office of Supplier Development Diversity may
  662  consult with the department regarding the development of
  663  solicitation distribution procedures to ensure that maximum
  664  distribution is afforded to certified rural or urban minority
  665  business enterprises as defined in s. 288.703.
  666         2. Development of procedures for electronic posting. The
  667  department shall designate a centralized website on the Internet
  668  for the department and other agencies to electronically post
  669  solicitations, decisions or intended decisions, and other
  670  matters relating to procurement.
  671         Section 32. Section 287.09451, Florida Statutes, is amended
  672  to read:
  673         287.09451 Office of Supplier Development Diversity; powers,
  674  duties, and functions.—
  675         (1) The Legislature finds that there is evidence of a
  676  systematic pattern of past and continuing racial discrimination
  677  against rural or urban minority business enterprises and a
  678  disparity in the availability and use of such rural or urban
  679  minority business enterprises in the state procurement system.
  680  It is determined to be a compelling state interest to rectify
  681  such discrimination and disparity. Based upon statistical data
  682  profiling this discrimination, the Legislature has enacted race
  683  conscious and gender-conscious remedial programs to ensure rural
  684  or urban minority participation in the economic life of the
  685  state, in state contracts for the purchase of commodities and
  686  services, and in construction contracts. The purpose and intent
  687  of this section is to increase participation by minority
  688  business enterprises in rural or urban areas, accomplished by
  689  encouraging the use of such rural or urban minority business
  690  enterprises and the entry of new and diversified rural or urban
  691  minority business enterprises into the marketplace.
  692         (2) The Office of Supplier Development Diversity is
  693  established within the Department of Management Services to
  694  assist minority business enterprises located in rural or urban
  695  areas in becoming suppliers of commodities, services, and
  696  construction to state government.
  697         (3) The secretary shall appoint an executive director for
  698  the Office of Supplier Development Diversity, who shall serve at
  699  the pleasure of the secretary.
  700         (4) The Office of Supplier Development has Diversity shall
  701  have the following powers, duties, and functions:
  702         (a) To adopt rules to determine what constitutes a “good
  703  faith effort” for purposes of state agency compliance with the
  704  rural or urban minority business enterprise procurement goals
  705  set forth in s. 287.042. Factors which must shall be considered
  706  by the Minority Business Enterprise Assistance Office in
  707  determining good faith effort must shall include, but are not be
  708  limited to:
  709         1. Whether the agency scheduled presolicitation or prebid
  710  meetings for the purpose of informing rural or urban minority
  711  business enterprises of contracting and subcontracting
  712  opportunities.
  713         2. Whether the contractor advertised in general
  714  circulation, trade association, or rural-focused or urban
  715  focused minority-focus media concerning the subcontracting
  716  opportunities.
  717         3. Whether the agency effectively used services and
  718  resources of available rural or urban minority community
  719  organizations; minority contractors’ groups located in rural or
  720  urban areas; local, state, and federal minority business
  721  assistance offices urban businesses located in rural or urban
  722  areas; and other organizations that provide assistance in the
  723  recruitment and placement of rural or urban minority business
  724  enterprises or minority persons.
  725         4. Whether the agency provided written notice to a
  726  reasonable number of rural or urban minority business
  727  enterprises that their interest in contracting with the agency
  728  was being solicited in sufficient time to allow the rural or
  729  urban minority business enterprises to participate effectively.
  730         (b) To adopt rules to determine what constitutes a “good
  731  faith effort” for purposes of contractor compliance with
  732  contractual requirements relating to the use of services or
  733  commodities of a rural or urban minority business enterprise
  734  under s. 287.094(2). Factors which must shall be considered by
  735  the Office of Supplier Development Diversity in determining
  736  whether a contractor has made good faith efforts must shall
  737  include, but are not be limited to:
  738         1. Whether the contractor attended any presolicitation or
  739  prebid meetings that were scheduled by the agency to inform
  740  rural or urban minority business enterprises of contracting and
  741  subcontracting opportunities.
  742         2. Whether the contractor advertised in general
  743  circulation, trade association, or rural-focused or urban
  744  focused minority-focus media concerning the subcontracting
  745  opportunities.
  746         3. Whether the contractor provided written notice to a
  747  reasonable number of specific rural or urban minority business
  748  enterprises that their interest in the contract was being
  749  solicited in sufficient time to allow the rural or urban
  750  minority business enterprises to participate effectively.
  751         4. Whether the contractor followed up initial solicitations
  752  of interest by contacting rural or urban minority business
  753  enterprises or minority persons to determine with certainty
  754  whether the rural or urban minority business enterprises or
  755  minority persons were interested.
  756         5. Whether the contractor selected portions of the work to
  757  be performed by rural or urban minority business enterprises in
  758  order to increase the likelihood of meeting the rural or urban
  759  minority business enterprise procurement goals, including, where
  760  appropriate, breaking down contracts into economically feasible
  761  units to facilitate rural or urban minority business enterprise
  762  participation.
  763         6. Whether the contractor provided interested rural or
  764  urban minority business enterprises or minority persons with
  765  adequate information about the plans, specifications, and
  766  requirements of the contract or the availability of jobs.
  767         7. Whether the contractor negotiated in good faith with
  768  interested rural or urban minority business enterprises or
  769  minority persons, not rejecting rural or urban minority business
  770  enterprises or minority persons as unqualified without sound
  771  reasons based on a thorough investigation of their capabilities.
  772         8. Whether the contractor effectively used the services of
  773  available rural or urban minority community organizations; rural
  774  or urban minority contractors’ groups; local, state, and federal
  775  rural or urban minority business assistance offices; and other
  776  organizations that provide assistance in the recruitment and
  777  placement of rural or urban minority business enterprises or
  778  minority persons.
  779         (c) To adopt rules and do all things necessary or
  780  convenient to guide all state agencies toward making
  781  expenditures for commodities, contractual services,
  782  construction, and architectural and engineering services with
  783  certified rural or urban minority business enterprises in
  784  accordance with the rural or urban minority business enterprise
  785  procurement goals set forth in s. 287.042.
  786         (d) To monitor the degree to which agencies procure
  787  services, commodities, and construction from rural or urban
  788  minority business enterprises in conjunction with the Department
  789  of Financial Services as specified in s. 17.11.
  790         (e) To receive and disseminate information relative to
  791  procurement opportunities, availability of rural or urban
  792  minority business enterprises, and technical assistance.
  793         (f) To advise agencies on methods and techniques for
  794  achieving procurement objectives.
  795         (g) To provide a central rural or urban minority business
  796  enterprise certification process which includes independent
  797  verification of status as a rural or urban minority business
  798  enterprise.
  799         (h) To develop procedures to investigate complaints against
  800  rural or urban minority business enterprises or contractors
  801  alleged to violate any provision related to this section or s.
  802  287.0943, that may include visits to worksites or business
  803  premises, and to refer all information on businesses suspected
  804  of misrepresenting its rural or urban minority status to the
  805  Department of Management Services for investigation. When an
  806  investigation is completed and there is reason to believe that a
  807  violation has occurred, the matter shall be referred to the
  808  office of the Attorney General, Department of Legal Affairs, for
  809  prosecution.
  810         (i) To maintain a directory of all rural or urban minority
  811  business enterprises which have been certified and provide this
  812  information to any agency or business requesting it.
  813         (j) To encourage all firms which do more than $1 million in
  814  business with the state within a 12-month period to develop,
  815  implement, and submit to this office a rural or urban minority
  816  business development plan.
  817         (k) To communicate on a monthly basis with the Small and
  818  Minority Business Advisory Council to keep the council informed
  819  on issues relating to rural or urban minority enterprise
  820  procurement.
  821         (l) To serve as an advocate for rural or urban minority
  822  business enterprises, and coordinate with the small, rural and
  823  minority business ombudsman, as defined in s. 288.703, which
  824  duties shall include:
  825         1. Ensuring that agencies supported by state funding
  826  effectively target the delivery of services and resources, as
  827  related to rural or urban minority business enterprises.
  828         2. Establishing standards within each industry with which
  829  the state government contracts on how agencies and contractors
  830  may provide the maximum practicable opportunity for rural or
  831  urban minority business enterprises.
  832         3. Assisting agencies and contractors by providing outreach
  833  to rural or urban minority businesses, by specifying and
  834  monitoring technical and managerial competence for rural or
  835  urban minority business enterprises, and by consulting in
  836  planning of agency procurement to determine how best to provide
  837  opportunities for rural or urban minority business enterprises.
  838         4. Integrating technical and managerial assistance for
  839  rural or urban minority business enterprises with government
  840  contracting opportunities.
  841         (m) To certify rural or urban minority business
  842  enterprises, as defined in s. 288.703, and as specified in ss.
  843  287.0943 and 287.09431, and shall recertify such rural or urban
  844  minority businesses at least once every 2 years. Rural or urban
  845  Minority business enterprises must be recertified at least once
  846  every 2 years. Such certifications may include an electronic
  847  signature.
  848         (n)1. To develop procedures to be used by an agency in
  849  identifying commodities, contractual services, architectural and
  850  engineering services, and construction contracts, except those
  851  architectural, engineering, construction, or other related
  852  services or contracts subject to the provisions of chapter 339,
  853  that could be provided by rural or urban minority business
  854  enterprises. Each agency is encouraged to spend 21 percent of
  855  the moneys actually expended for construction contracts, 25
  856  percent of the moneys actually expended for architectural and
  857  engineering contracts, 24 percent of the moneys actually
  858  expended for commodities, and 50.5 percent of the moneys
  859  actually expended for contractual services during the previous
  860  fiscal year, except for the state university construction
  861  program which are shall be based upon public education capital
  862  outlay projections for the subsequent fiscal year, and reported
  863  to the Legislature pursuant to s. 216.023, for the purpose of
  864  entering into contracts with certified rural or urban minority
  865  business enterprises as defined in s. 288.703, or approved joint
  866  ventures. However, in the event of budget reductions pursuant to
  867  s. 216.221, the base amounts may be adjusted to reflect such
  868  reductions. The overall spending goal for each industry category
  869  shall be subdivided as follows:
  870         a. For construction contracts: 4 percent for black
  871  Americans, 6 percent for Hispanic-Americans, and 11 percent for
  872  American women.
  873         b. For architectural and engineering contracts: 9 percent
  874  for Hispanic-Americans, 1 percent for Asian-Americans, and 15
  875  percent for American women.
  876         c. For commodities: 2 percent for black Americans, 4
  877  percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
  878  0.5 percent for Native Americans, and 17 percent for American
  879  women.
  880         d. For contractual services: 6 percent for black Americans,
  881  7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
  882  0.5 percent for Native Americans, and 36 percent for American
  883  women.
  884         2. For the purposes of commodities contracts for the
  885  purchase of equipment to be used in the construction and
  886  maintenance of state transportation facilities involving the
  887  Department of Transportation, the term termscertified rural or
  888  urban minority business enterprise” has the same meaning as and
  889  “minority person” have the same meanings as provided in s.
  890  288.703. In order to ensure that the goals established under
  891  this paragraph for contracting with certified rural or urban
  892  minority business enterprises are met, the department, with the
  893  assistance of the Office of Supplier Development Diversity,
  894  shall make recommendations to the Legislature on revisions to
  895  the goals, based on an updated statistical analysis, at least
  896  once every 5 years. Such recommendations must shall be based on
  897  statistical data indicating the availability of and disparity in
  898  the use of rural or urban minority businesses contracting with
  899  the state.
  900         3. In determining the base amounts for assessing compliance
  901  with this paragraph, the Office of Supplier Development
  902  Diversity may develop, by rule, guidelines for all agencies to
  903  use in establishing such base amounts. These rules must include,
  904  but are not limited to, guidelines for calculation of base
  905  amounts, a deadline for the agencies to submit base amounts, a
  906  deadline for approval of the base amounts by the Office of
  907  Supplier Development Diversity, and procedures for adjusting the
  908  base amounts as a result of budget reductions made pursuant to
  909  s. 216.221.
  910         4. To determine guidelines for the use of price
  911  preferences, weighted preference formulas, or other preferences,
  912  as appropriate to the particular industry or trade, to increase
  913  the participation of rural or urban minority businesses in state
  914  contracting. These guidelines must shall include consideration
  915  of:
  916         a. Size and complexity of the project.
  917         b. The concentration of transactions with rural or urban
  918  minority business enterprises for the commodity or contractual
  919  services in question in prior agency contracting.
  920         c. The specificity and definition of work allocated to
  921  participating rural or urban minority business enterprises.
  922         d. The capacity of participating rural or urban minority
  923  business enterprises to complete the tasks identified in the
  924  project.
  925         e. The available pool of rural or urban minority business
  926  enterprises as prime contractors, either alone or as partners in
  927  an approved joint venture that serves as the prime contractor.
  928         5. To determine guidelines for use of joint ventures to
  929  meet rural or urban minority business enterprises spending
  930  goals. For purposes of this section, the term “joint venture”
  931  means any association of two or more business concerns to carry
  932  out a single business enterprise for profit, for which purpose
  933  they combine their property, capital, efforts, skills, and
  934  knowledge. The guidelines must shall allow transactions with
  935  joint ventures to be eligible for credit against the rural or
  936  urban minority business enterprise goals of an agency when the
  937  contracting joint venture demonstrates that at least one partner
  938  to the joint venture is a certified rural or urban minority
  939  business enterprise as defined in s. 288.703, and that such
  940  partner is responsible for a clearly defined portion of the work
  941  to be performed, and shares in the ownership, control,
  942  management, responsibilities, risks, and profits of the joint
  943  venture. Such demonstration must shall be by verifiable
  944  documents and sworn statements and may be reviewed by the Office
  945  of Supplier Development Diversity at or before the time a
  946  contract bid, proposal, or reply is submitted. An agency may
  947  count toward its rural or urban minority business enterprise
  948  goals a portion of the total dollar amount of a contract equal
  949  to the percentage of the ownership and control held by the
  950  qualifying certified rural or urban minority business partners
  951  in the contracting joint venture, so long as the joint venture
  952  meets the guidelines adopted by the office.
  953         (o)1. To establish a system to record and measure the use
  954  of certified rural or urban minority business enterprises in
  955  state contracting. This system must shall maintain information
  956  and statistics on certified rural or urban minority business
  957  enterprise participation, awards, dollar volume of expenditures
  958  and agency goals, and other appropriate types of information to
  959  analyze progress in the access of certified rural or urban
  960  minority business enterprises to state contracts and to monitor
  961  agency compliance with this section. Such reporting must
  962  include, but is not limited to, the identification of all
  963  subcontracts in state contracting by dollar amount and by number
  964  of subcontracts and the identification of the utilization of
  965  certified rural or urban minority business enterprises as prime
  966  contractors and subcontractors by dollar amounts of contracts
  967  and subcontracts, number of contracts and subcontracts, minority
  968  status, industry, and any conditions or circumstances that
  969  significantly affected the performance of subcontractors.
  970  Agencies shall report their compliance with the requirements of
  971  this reporting system at least annually and at the request of
  972  the office. All agencies shall cooperate with the office in
  973  establishing this reporting system. Except in construction
  974  contracting, all agencies shall review contracts costing in
  975  excess of CATEGORY FOUR as defined in s. 287.017 to determine
  976  whether if such contracts could be divided into smaller
  977  contracts to be separately solicited and awarded, and shall,
  978  when economical, offer such smaller contracts to encourage rural
  979  or urban minority participation.
  980         2. To report agency compliance with the provisions of
  981  subparagraph 1. for the preceding fiscal year to the Governor
  982  and Cabinet, the President of the Senate, and the Speaker of the
  983  House of Representatives on or before February 1 of each year.
  984  The report must contain, at a minimum, the following:
  985         a. Total expenditures of each agency by industry.
  986         b. The dollar amount and percentage of contracts awarded to
  987  certified rural or urban minority business enterprises by each
  988  state agency.
  989         c. The dollar amount and percentage of contracts awarded
  990  indirectly to certified rural or urban minority business
  991  enterprises as subcontractors by each state agency.
  992         d. The total dollar amount and percentage of contracts
  993  awarded to certified rural or urban minority business
  994  enterprises, whether directly or indirectly, as subcontractors.
  995         e. A statement and assessment of good faith efforts taken
  996  by each state agency.
  997         f. A status report of agency compliance with subsection
  998  (6), as determined by the Rural or Urban Minority Business
  999  Enterprise Office.
 1000         (5)(a) Each agency shall, at the time the specifications or
 1001  designs are developed or contract sizing is determined for any
 1002  proposed procurement costing in excess of CATEGORY FOUR, as
 1003  defined in s. 287.017, forward a notice to the Office of
 1004  Supplier Development Diversity of the proposed procurement and
 1005  any determination on the designs of specifications of the
 1006  proposed procurement that impose requirements on prospective
 1007  vendors, no later than 30 days before prior to the issuance of a
 1008  solicitation, except that this provision does shall not apply to
 1009  emergency acquisitions. The 30-day notice period does shall not
 1010  toll the time for any other procedural requirements.
 1011         (b) If the Office of Supplier Development Diversity
 1012  determines that the proposed procurement will not likely allow
 1013  opportunities for rural or urban minority business enterprises,
 1014  the office may, within 20 days after it receives the information
 1015  specified in paragraph (a), propose the implementation of rural
 1016  or urban minority business enterprise utilization provisions or
 1017  submit alternative procurement methods that would significantly
 1018  increase rural or urban minority business enterprise contracting
 1019  opportunities.
 1020         (c) Whenever the agency and the Office of Supplier
 1021  Development Diversity disagree, the matter must shall be
 1022  submitted for determination to the head of the agency or the
 1023  senior-level official designated pursuant to this section as
 1024  liaison for rural or urban minority business enterprise issues.
 1025         (d) If the proposed procurement proceeds to competitive
 1026  solicitation, the office is hereby granted standing to protest,
 1027  pursuant to this section, in a timely manner, any contract award
 1028  during competitive solicitation for contractual services and
 1029  construction contracts that fail to include rural or urban
 1030  minority business enterprise participation, if any responsible
 1031  and responsive vendor has demonstrated the ability to achieve
 1032  any level of participation, or, any contract award for
 1033  commodities where, a reasonable and economical opportunity to
 1034  reserve a contract, statewide or district level, for rural or
 1035  urban minority participation was not executed or, an agency
 1036  failed to adopt an applicable preference for rural or urban
 1037  minority participation. The bond requirement is shall be waived
 1038  for the office purposes of this subsection.
 1039         (e) An agency may presume that a vendor offering no rural
 1040  or urban minority participation has not made a good faith effort
 1041  when other vendors offer rural or urban minority participation
 1042  of firms listed as relevant to the agency’s purchasing needs in
 1043  the pertinent locality or statewide to complete the project.
 1044         (f) Paragraph (a) will not apply when the Office of
 1045  Supplier Development Diversity determines that an agency has
 1046  established a work plan to allow advance consultation and
 1047  planning with rural or urban minority business enterprises and
 1048  where such plan clearly demonstrates:
 1049         1. A high level of advance planning by the agency with
 1050  rural or urban minority business enterprises.
 1051         2. A high level of accessibility, knowledge, and experience
 1052  by rural or urban minority business enterprises in the agency’s
 1053  contract decisionmaking process.
 1054         3. A high quality of agency monitoring and enforcement of
 1055  internal implementation of rural or urban minority business
 1056  utilization provisions.
 1057         4. A high quality of agency monitoring and enforcement of
 1058  contractor utilization of rural or urban minority business
 1059  enterprises, especially tracking subcontractor data, and
 1060  ensuring the integrity of subcontractor reporting.
 1061         5. A high quality of agency outreach, agency networking of
 1062  major vendors with rural or urban minority vendors, and
 1063  innovation in techniques to improve utilization of rural or
 1064  urban minority business enterprises.
 1065         6. Substantial commitment, sensitivity, and proactive
 1066  attitude by the agency head and among the agency rural or urban
 1067  minority business staff.
 1068         (6) Each state agency shall coordinate its rural or urban
 1069  minority business enterprise procurement activities with the
 1070  Office of Supplier Development Diversity. At a minimum, each
 1071  agency shall:
 1072         (a) Adopt a rural or urban minority business enterprise
 1073  utilization plan for review and approval by the Office of
 1074  Supplier Development Diversity which should require meaningful
 1075  and useful methods to attain the legislative intent in assisting
 1076  rural or urban minority business enterprises.
 1077         (b) Designate a senior-level employee in the agency as a
 1078  rural or urban minority enterprise assistance officer,
 1079  responsible for overseeing the agency’s rural or urban minority
 1080  business utilization activities, and who is not also charged
 1081  with purchasing responsibility. A senior-level agency employee
 1082  and agency purchasing officials is shall be accountable to the
 1083  agency head for the agency’s rural or urban minority business
 1084  utilization performance. The Office of Supplier Development
 1085  Diversity shall advise each agency on compliance performance.
 1086         (c) If an agency deviates significantly from its
 1087  utilization plan in 2 consecutive or 3 out of 5 total fiscal
 1088  years, the Office of Supplier Development Diversity may review
 1089  any and all solicitations and contract awards of the agency as
 1090  deemed necessary until such time as the agency meets its
 1091  utilization plan.
 1092         Section 33. Section 287.0947, Florida Statutes, is amended
 1093  to read:
 1094         287.0947 Florida Advisory Council on Small, Rural, and
 1095  Urban and Minority Business Development; creation; membership;
 1096  duties.—
 1097         (1) The Secretary of Management Services may create the
 1098  Florida Advisory Council on Small, Rural, and Urban and Minority
 1099  Business Development with the purpose of advising and assisting
 1100  the secretary in carrying out the secretary’s duties with
 1101  respect to rural or urban minority businesses and economic and
 1102  business development. It is the intent of the Legislature that
 1103  the membership of such council include practitioners,
 1104  laypersons, financiers, and others with business development
 1105  experience who can provide invaluable insight and expertise for
 1106  this state in the diversification of its markets and networking
 1107  of business opportunities. The council shall initially be
 1108  composed consist of 19 persons, each of whom is or has been
 1109  actively engaged in small, rural, or urban and minority business
 1110  development, either in private industry, in governmental
 1111  service, or as a scholar of recognized achievement in the study
 1112  of such matters. Initially, the council shall be composed
 1113  consist of members representing all regions of this the state
 1114  and shall include at least one member from each group identified
 1115  within the definition of “minority person” in s. 288.703 s.
 1116  288.703(4), considering also gender and nationality subgroups,
 1117  and shall be composed consist of the following:
 1118         (a) Four members consisting of representatives of local and
 1119  federal small, rural, or urban and minority business assistance
 1120  programs or community development programs.
 1121         (b) Eight members representing composed of representatives
 1122  of the rural or urban minority private business sectors sector,
 1123  including certified rural or urban minority business enterprises
 1124  and rural or urban minority supplier development councils, among
 1125  whom at least two are shall be women and at least four are shall
 1126  be minority persons.
 1127         (c) Two representatives of local government, one of whom is
 1128  shall be a representative of a large local government, and one
 1129  of whom is shall be a representative of a small local
 1130  government.
 1131         (d) Two representatives from the banking and insurance
 1132  industry.
 1133         (e) Two members from the private business sector,
 1134  representing the construction and commodities industries.
 1135         (f) The Secretary of Commerce or his or her designee.
 1136  
 1137  A candidate for appointment may be considered if eligible to be
 1138  certified as an owner of a rural or urban minority business
 1139  enterprise, or if otherwise qualified under the criteria above.
 1140  Vacancies may be filled by appointment of the secretary, in the
 1141  manner of the original appointment.
 1142         (2) Each appointed member shall serve for a term of 2 years
 1143  from the date of appointment, except that a vacancy must shall
 1144  be filled by appointment for the remainder of the unexpired
 1145  term. The council shall annually elect a chair and a vice chair.
 1146  The council shall adopt internal procedures or bylaws necessary
 1147  for efficient operations. Members of the council shall serve
 1148  without compensation or honorarium but shall be entitled to per
 1149  diem and travel expenses pursuant to s. 112.061 for the
 1150  performance of duties for the council. The executive
 1151  administrator of the commission may remove a council member for
 1152  cause.
 1153         (3) Within 30 days after its initial meeting, the council
 1154  shall elect from among its members a chair and a vice chair.
 1155         (4) The council shall meet at the call of its chair, at the
 1156  request of a majority of its membership, at the request of the
 1157  commission or its executive administrator, or at such times as
 1158  may be prescribed by rule, but not less than once a year, to
 1159  offer its views on issues related to small, rural, or urban and
 1160  minority business development of concern to this state. A
 1161  majority of the members of the council shall constitute a
 1162  quorum.
 1163         (5) The powers and duties of the council include, but are
 1164  not limited to the following: researching and reviewing the role
 1165  of small, rural, or urban and minority businesses in the state’s
 1166  economy; reviewing issues and emerging topics relating to small,
 1167  rural, or urban and minority business economic development;
 1168  studying the ability of financial markets and institutions to
 1169  meet small business credit needs and determining the impact of
 1170  government demands on credit for small, rural, or urban
 1171  businesses; assessing the implementation of s. 187.201(21),
 1172  requiring a state economic development comprehensive plan, as it
 1173  relates to small and certified rural or urban business
 1174  enterprises as defined in s. 288.703 minority businesses;
 1175  assessing the reasonableness and effectiveness of efforts by any
 1176  state agency or by all state agencies collectively to assist
 1177  rural or urban minority business enterprises; and advising the
 1178  Governor, the secretary, and the Legislature on matters relating
 1179  to small, rural, or urban and minority business development
 1180  which are of importance to the international strategic planning
 1181  and activities of this state.
 1182         (6) On or before January 1 of each year, the council shall
 1183  present an annual report to the secretary that sets forth in
 1184  appropriate detail the business transacted by the council during
 1185  the year and any recommendations to the secretary, including
 1186  those to improve business opportunities for small, rural, or
 1187  urban and minority business enterprises.
 1188         Section 34. Paragraph (b) of subsection (4) of section
 1189  288.001, Florida Statutes, is amended, and paragraph (b) of
 1190  subsection (3) is reenacted, to read:
 1191         288.001 The Florida Small Business Development Center
 1192  Network.—
 1193         (3) OPERATION; POLICIES AND PROGRAMS.—
 1194         (b) The network’s statewide director shall consult with the
 1195  Board of Governors, the department, and the network’s statewide
 1196  advisory board to ensure that the network’s policies and
 1197  programs align with the statewide goals of the State University
 1198  System and the statewide strategic economic development plan as
 1199  provided under s. 20.60.
 1200         (4) STATEWIDE ADVISORY BOARD.—
 1201         (b) The statewide advisory board shall be composed consist
 1202  of 19 members from across the state. At least 12 members must be
 1203  representatives of the private sector who are knowledgeable of
 1204  the needs and challenges of small businesses. The members must
 1205  represent various segments and industries of the economy in this
 1206  state and must bring knowledge and skills to the statewide
 1207  advisory board which would enhance the board’s collective
 1208  knowledge of small business assistance needs and challenges.
 1209  Minority and gender Representation for this state’s rural or
 1210  urban areas must be considered when making appointments to the
 1211  board. The board must include the following members:
 1212         1. Three members appointed from the private sector by the
 1213  President of the Senate.
 1214         2. Three members appointed from the private sector by the
 1215  Speaker of the House of Representatives.
 1216         3. Three members appointed from the private sector by the
 1217  Governor.
 1218         4. Three members appointed from the private sector by the
 1219  network’s statewide director.
 1220         5. One member appointed by the host institution.
 1221         6. The Secretary of Commerce, or his or her designee.
 1222         7. The Chief Financial Officer, or his or her designee.
 1223         8. The President of the Florida Chamber of Commerce, or his
 1224  or her designee.
 1225         9. The Small Business Development Center Project Officer
 1226  from the U.S. Small Business Administration at the South Florida
 1227  District Office, or his or her designee.
 1228         10. The executive director of the National Federation of
 1229  Independent Businesses, Florida, or his or her designee.
 1230         11. The executive director of the Florida United Business
 1231  Association, or his or her designee.
 1232         Section 35. Subsection (8) of section 288.0065, Florida
 1233  Statutes, is amended to read:
 1234         288.0065 Annual incentives report.—By December 30 of each
 1235  year, the department shall provide the Governor, the President
 1236  of the Senate, and the Speaker of the House of Representatives a
 1237  detailed incentives report quantifying the economic benefits for
 1238  all of the economic development incentive programs administered
 1239  by the department and its public-private partnerships. The
 1240  annual incentives report must include:
 1241         (8) A description of the trends relating to business
 1242  interest in, and usage of, the various incentives, and the
 1243  number of minority-owned or woman-owned small businesses and
 1244  businesses in rural or urban areas receiving incentives.
 1245         Section 36. Section 288.1167, Florida Statutes, is amended
 1246  to read:
 1247         288.1167 Sports franchise contract provisions for food and
 1248  beverage concession and contract awards to minority business
 1249  enterprises in rural or urban areas.—Any applicant who receives
 1250  funding pursuant to the provisions of s. 212.20 must demonstrate
 1251  that:
 1252         (1) Funds and facilities with respect to food and beverage
 1253  and related concessions shall be awarded to certified rural or
 1254  urban small minority business enterprises as defined in s.
 1255  288.703 on the same terms and conditions as the general food and
 1256  beverage concessionaire and in accordance with the rural or
 1257  urban minority business enterprise procurement goals set forth
 1258  in s. 287.09451;
 1259         (2) At least 15 percent of a company contracted to manage a
 1260  professional sports franchise facility or a spring training
 1261  franchise facility is owned by certified rural or urban minority
 1262  business enterprises or by a minority person as that term is
 1263  those terms are defined in s. 288.703; or
 1264         (3) At least 15 percent of all operational service
 1265  contracts with a professional sports franchise facility or a
 1266  spring training franchise facility are awarded to certified
 1267  rural or urban minority business enterprises as that term is
 1268  defined in s. 288.703 or to a minority person located in a rural
 1269  or urban area as those terms are defined in s. 288.703.
 1270         Section 37. Paragraph (b) of subsection (2) of section
 1271  288.1229, Florida Statutes, is amended to read:
 1272         288.1229 Promotion and development of sports-related
 1273  industries and amateur athletics; direct-support organization
 1274  established; powers and duties.—
 1275         (2) The Florida Sports Foundation must:
 1276         (b) Be governed by a board of directors, which must be
 1277  composed consist of up to 15 members appointed by the Governor.
 1278  In making appointments, the Governor shall must consider a
 1279  potential member’s background in community service and sports
 1280  activism in, and financial support of, the sports industry,
 1281  professional sports, or organized amateur athletics. Members
 1282  must be residents of the state and highly knowledgeable about or
 1283  active in professional or organized amateur sports.
 1284         1. The board must contain representatives of all
 1285  geographical regions of the state and must represent ethnic and
 1286  gender diversity.
 1287         2. The terms of office of the members shall be 4 years. No
 1288  member may serve more than two consecutive terms. The Governor
 1289  may remove any member for cause and shall fill all vacancies
 1290  that occur.
 1291         Section 38. Subsection (2) of section 288.7015, Florida
 1292  Statutes, is amended to read:
 1293         288.7015 Appointment of rules ombudsman; duties.—The
 1294  Governor shall appoint a rules ombudsman, as defined in s.
 1295  288.703, in the Executive Office of the Governor, for
 1296  considering the impact of agency rules on the state’s citizens
 1297  and businesses. The duties of the rules ombudsman are to:
 1298         (2) Review state agency rules that adversely or
 1299  disproportionately impact businesses, particularly those
 1300  relating to small and certified rural or urban business
 1301  enterprise as that term is defined in s. 288.703 minority
 1302  businesses.
 1303         Section 39. Section 288.702, Florida Statutes, is amended
 1304  to read:
 1305         288.702 Short title.—This section and ss. 288.703-288.705
 1306  ss. 288.703-288.706 may be cited as the “Florida Small and
 1307  Minority Business Assistance Act.”
 1308         Section 40. Section 288.703, Florida Statutes, is amended
 1309  to read:
 1310         288.703 Definitions.—As used in ss. 288.702-288.705 ss.
 1311  288.702-288.706, the term:
 1312         (1) “Certified rural or urban business enterprisemeans a
 1313  business located in a defined geographic area within this state
 1314  where one of the following conditions has been documented in the
 1315  most recent census conducted by the Bureau of the Census of the
 1316  United States Department of Commerce:
 1317         a. Per capita income in the area is less than 80 percent of
 1318  this state’s per capita income.
 1319         b. The unemployment rate in the area has been greater than
 1320  the unemployment rate for this state by more than 1 percent over
 1321  the previous 24 months from the time the comparison is made.
 1322         “Certified minority business enterprise” means a business
 1323  which has been certified by the certifying organization or
 1324  jurisdiction in accordance with s. 287.0943(1) and (2).
 1325         (2) “Financial institution” means any bank, trust company,
 1326  insurance company, savings and loan association, credit union,
 1327  federal lending agency, or foundation.
 1328         (3) “Minority business enterprise” means any small business
 1329  concern as defined in subsection (6) which is organized to
 1330  engage in commercial transactions, which is domiciled in
 1331  Florida, and which is at least 51-percent-owned by minority
 1332  persons who are members of an insular group that is of a
 1333  particular racial, ethnic, or gender makeup or national origin,
 1334  which has been subjected historically to disparate treatment due
 1335  to identification in and with that group resulting in an
 1336  underrepresentation of commercial enterprises under the group’s
 1337  control, and whose management and daily operations are
 1338  controlled by such persons. A minority business enterprise may
 1339  primarily involve the practice of a profession. Ownership by a
 1340  minority person does not include ownership which is the result
 1341  of a transfer from a nonminority person to a minority person
 1342  within a related immediate family group if the combined total
 1343  net asset value of all members of such family group exceeds $1
 1344  million. For purposes of this subsection, the term “related
 1345  immediate family group” means one or more children under 16
 1346  years of age and a parent of such children or the spouse of such
 1347  parent residing in the same house or living unit.
 1348         (3)(4) “Minority person” means a lawful, permanent resident
 1349  of Florida who is:
 1350         (a) An African American, a person having origins in any of
 1351  the black racial groups of the African Diaspora, regardless of
 1352  cultural origin.
 1353         (b) A Hispanic American, a person of Spanish or Portuguese
 1354  culture with origins in Spain, Portugal, Mexico, South America,
 1355  Central America, or the Caribbean, regardless of race.
 1356         (c) An Asian American, a person having origins in any of
 1357  the original peoples of the Far East, Southeast Asia, the Indian
 1358  Subcontinent, or the Pacific Islands, including the Hawaiian
 1359  Islands before 1778.
 1360         (d) A Native American, a person who has origins in any of
 1361  the Indian Tribes of North America before 1835, upon
 1362  presentation of proper documentation thereof as established by
 1363  rule of the Department of Management Services.
 1364         (e) An American woman.
 1365         (4)(5) “Ombudsman” means an office or individual whose
 1366  responsibilities include coordinating with the Office of
 1367  Supplier Development Diversity for the interests of and
 1368  providing assistance to rural or urban small and minority
 1369  business enterprises in dealing with governmental agencies and
 1370  in developing proposals for changes in state agency rules.
 1371         (5)(6) “Small business” means an independently owned and
 1372  operated business concern that employs 200 or fewer permanent
 1373  full-time employees and that, together with its affiliates, has
 1374  a net worth of not more than $5 million or any firm based in
 1375  this state which has a Small Business Administration 8(a)
 1376  certification. As applicable to sole proprietorships, the $5
 1377  million net worth requirement includes shall include both
 1378  personal and business investments.
 1379         Section 41. Section 288.705, Florida Statutes, is amended
 1380  to read:
 1381         288.705 Statewide contracts register.—All state agencies
 1382  shall in a timely manner provide the Florida Small Business
 1383  Development Center Procurement System with all formal
 1384  solicitations for contractual services, supplies, and
 1385  commodities. The Small Business Development Center shall
 1386  coordinate with Minority Business Development Centers to compile
 1387  and distribute this information to small and rural or urban
 1388  minority businesses requesting such service for the period of
 1389  time necessary to familiarize the business with the market
 1390  represented by state agencies. On or before February 1 of each
 1391  year, the Small Business Development Center shall report to the
 1392  department on the use of the statewide contracts register. The
 1393  report must shall include, but not be limited to, information
 1394  relating to:
 1395         (1) The total number of solicitations received from state
 1396  agencies during the calendar year.
 1397         (2) The number of solicitations received from each state
 1398  agency during the calendar year.
 1399         (3) The method of distributing solicitation information to
 1400  businesses requesting such service.
 1401         (4) The total number of businesses using the service.
 1402         (5) The percentage of businesses using the service which
 1403  are owned and controlled by minorities.
 1404         (5)(6) The percentage of service-disabled veteran business
 1405  enterprises using the service.
 1406         Section 42. Subsection (1) of section 288.776, Florida
 1407  Statutes, is amended to read:
 1408         288.776 Board of directors; powers and duties.—
 1409         (1)(a) The corporation shall have a board of directors
 1410  consisting of 15 members representing all geographic areas of
 1411  this the state. Minority and gender representation must be
 1412  considered when making appointments to the board. The board
 1413  membership must include:
 1414         1. A representative of the following businesses, all of
 1415  which must be registered to do business in this state: a foreign
 1416  bank, a state bank, a federal bank, an insurance company
 1417  involved in covering trade financing risks, and a small or
 1418  medium-sized exporter.
 1419         2. The following persons or their designee: the Secretary
 1420  of Commerce, the Chief Financial Officer, the Secretary of
 1421  State, and a senior official of the United States Department of
 1422  Commerce.
 1423         (b) Appointees who are not state or Federal Government
 1424  officials shall serve for a term of 3 years and shall be
 1425  eligible for reappointment. Nonstate and nonfederal official
 1426  vacancies on the board shall be filled by the board within 30
 1427  days after the effective date of the vacancy.
 1428         Section 43. Section 288.9628, Florida Statutes, is created
 1429  to read:
 1430         288.9628 Research, Innovation, Science, and Engineering
 1431  (RISE) Investment Tax Credit Program.—
 1432         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
 1433  strengthening the state’s early-stage business ecosystem and
 1434  supporting cutting-edge innovation are essential for fostering
 1435  innovation and economic growth. The early-stage business
 1436  ecosystem, fueled by the state’s colleges, universities, and
 1437  private industry growth, represents significant opportunity for
 1438  the state to retain entrepreneurial talent and provides an
 1439  overall benefit for jobseekers, job creators, families,
 1440  communities, and the state’s economy.
 1441         (2)RISE PROGRAM CREATED.—There is established within the
 1442  department the Research, Innovation, Science, and Engineering
 1443  (RISE) Investment Tax Credit Program. The purpose of the program
 1444  is to increase venture capital investment in this state. The
 1445  department shall coordinate with the Florida Opportunity Fund
 1446  and the State Board of Administration in reviewing and approving
 1447  applications for tax credits under this section.
 1448         (3)DEFINITIONS.—As used in this section, the term:
 1449         (a)“Accredited investor” has the same meaning as in s.
 1450  517.021.
 1451         (b)“Advisory affiliate” has the same meaning as in s.
 1452  517.12(22).
 1453         (c)“Affiliate” has the same meaning as in s. 517.021.
 1454         (d)“Applicant” means an advisory affiliate, an exempt
 1455  reporting adviser, or an investment adviser who submits or
 1456  updates an application on behalf of a qualifying private fund.
 1457         (e)“Associated person” has the same meaning as in s.
 1458  517.021.
 1459         (f)“Company” means any business in this state, or a
 1460  business with more than 50 percent of its workforce in this
 1461  state, with 500 or fewer employees, and which is engaged in a
 1462  project.
 1463         (g)“Department” means the Department of Commerce.
 1464         (h)“Exempt reporting adviser” has the same meaning as in
 1465  s. 517.12(22).
 1466         (i)“Investment adviser” has the same meaning as in s.
 1467  517.021.
 1468         (j)“Investor” means any person or entity that has made a
 1469  capital contribution to a qualifying private fund.
 1470         (k)“Private fund adviser” has the same meaning as in s.
 1471  517.12(22).
 1472         (l)“Project” means research and development that leads to
 1473  or is anticipated to lead to the creation of new or useful
 1474  improvement of technologies, agricultural technologies, devices,
 1475  processes, machines, manufacturing, or composition of matter. A
 1476  project may result from the innovative activities of a company
 1477  or research at a university or college in this state.
 1478         (m)“Qualifying investment” has the same meaning as in 17
 1479  C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section,
 1480  includes investment in one or more companies or projects.
 1481         (n)“Qualifying portfolio company” has the same meaning as
 1482  in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this
 1483  section, includes a company as defined in this subsection.
 1484         (o)“Qualifying private fund” has the same meaning as in s.
 1485  517.12(22) and includes an angel investor group as defined in s.
 1486  517.021.
 1487         (p)“Total capital commitment” means the total amount of
 1488  cash funding the qualifying private fund intends to raise to
 1489  make one or more qualifying investments in one or more
 1490  qualifying portfolio companies.
 1491         (4)APPLICATION.—
 1492         (a)An applicant must apply to the department for
 1493  authorization to claim RISE tax credits under this section. The
 1494  department must review and approve or deny a complete
 1495  application within 60 calendar days after the complete
 1496  application has been submitted.
 1497         (b)An applicant must demonstrate to the department’s
 1498  satisfaction within 12 months after the complete application has
 1499  been submitted that the qualifying private fund has received at
 1500  least the total capital commitment contained in its application.
 1501         (c)The application must include, at a minimum:
 1502         1.The names of any accredited investors, advisory
 1503  affiliates, affiliates, associated persons, exempt reporting
 1504  advisers, investment advisers, or private fund advisers
 1505  associated with the qualifying private fund, if there are any at
 1506  the time of application.
 1507         2.The names of any investors in the qualifying private
 1508  fund, if there are any at the time of application.
 1509         3.The estimated total number of qualifying investments in
 1510  qualifying portfolio companies.
 1511         4.The total capital commitment of the qualifying private
 1512  fund.
 1513         (d)If, at any time after an applicant has submitted a
 1514  complete application, there has been a material change that
 1515  affects the accuracy or completeness of the information
 1516  contained in the application, the applicant must update its
 1517  application.
 1518         (5)TAX CREDITS; GENERALLY.—
 1519         (a)The amount of tax credits available pursuant to this
 1520  section in a fiscal year may not exceed $100 million.
 1521         (b)The department may not issue a tax credit to a
 1522  qualifying private fund until the qualifying private fund
 1523  demonstrates that it has received its total capital commitment.
 1524         (c)The department may not authorize more than $10 million
 1525  in tax credits to a qualifying private fund in a fiscal year.
 1526         (6)TAX CREDITS; SUBMISSION AND AUTHORIZATION.—
 1527         (a)To receive tax credits, a qualifying private fund must
 1528  provide documentation that demonstrates to the department’s
 1529  reasonable satisfaction that the qualifying investment meets the
 1530  requirements of this section. For purposes of this section,
 1531  follow-on or add-on commitments may only be considered by the
 1532  department after the follow-on or add-on investment has been
 1533  deployed.
 1534         (b)A qualifying private fund must make at least one
 1535  qualified investment in at least one qualifying portfolio
 1536  project to be eligible to receive tax credits under this
 1537  section.
 1538         (c)Each submission by a qualifying private fund to receive
 1539  tax credits for a qualifying investment in a qualifying
 1540  portfolio company must include, at a minimum, all of the
 1541  following::
 1542         1.The amount of cash deployed by the qualifying private
 1543  fund to a qualifying investment in a qualifying portfolio
 1544  company.
 1545         2.The total number of employees employed by the qualifying
 1546  portfolio company.
 1547         3.The total number of Florida-based, full-time equivalent
 1548  employees employed by the qualifying portfolio company.
 1549         (7)TAX CREDITS; RECEIPT; REVOCATION.—
 1550         (a)A qualifying private fund may receive tax credits
 1551  equivalent to 25 percent of a qualifying investment in a
 1552  qualifying portfolio company.
 1553         (b)Upon a determination by the department that the
 1554  qualifying investment meets the requirements of this section,
 1555  the department shall authorize the Department of Revenue to
 1556  issue tax credits to the qualifying private fund.
 1557         (c)The Department of Revenue may not issue more than one
 1558  fifth of the tax credits authorized for a qualifying investment
 1559  in a qualifying portfolio company in a fiscal year.
 1560         (d)Credits received pursuant to this section may be
 1561  applied against the qualifying private fund’s corporate income
 1562  tax liability. A qualifying private fund may elect to sell or
 1563  transfer, in whole or in part, any tax credit issued under this
 1564  section. An election to sell or transfer any tax credit received
 1565  pursuant to this section must be made no later than 5 years
 1566  after the date the credit is received by the qualifying private
 1567  fund, after which the credit expires and may not be used. A
 1568  qualifying private fund may not sell or transfer credits that
 1569  have been authorized by the department but not yet issued by the
 1570  Department of Revenue.
 1571         (e)The department may revoke or modify any written
 1572  decision qualifying, certifying, or otherwise granting
 1573  eligibility for tax credits under this section if it is
 1574  discovered that the qualifying private fund submitted any false
 1575  statement, representation, or certification in any application
 1576  filed in an attempt to receive tax credits under this section,
 1577  or if the information in a previously completed application
 1578  materially changes. The department must immediately notify the
 1579  Department of Revenue of any revoked or modified orders
 1580  affecting previously granted tax credits. Additionally, the
 1581  qualifying private fund must notify the Department of Revenue of
 1582  any change in its tax credit claimed.
 1583         (8)COMPLIANCE.—
 1584         (a)A qualifying private fund must annually report to the
 1585  department for each qualifying investment for 5 years after
 1586  authorization to receive credits. Failure to do so will result
 1587  in the qualifying private fund’s tax credit being revoked.
 1588         (b)In order to receive a tax credit, a qualifying fund
 1589  must submit to the department all of the following:
 1590         1.A certification that there have been no material changes
 1591  to the information contained in the application or, if material
 1592  changes have occurred since the submission of the application, a
 1593  disclosure containing all material changes.
 1594         2.Documentation supporting the total number of full-time
 1595  equivalent employees employed by the qualifying portfolio
 1596  company.
 1597         3.Documentation supporting the total number of full-time
 1598  equivalent employees employed in this state by the qualifying
 1599  portfolio company.
 1600         4.Documentation supporting that the qualifying private
 1601  fund has not exited its position from the qualifying portfolio
 1602  company through acquisition by a company not based in this
 1603  state.
 1604         (9)SANCTIONS.—
 1605         (a)If a qualifying investment fails to meet the
 1606  requirements of paragraph (8)(a) or paragraph (8)(b), the
 1607  department must revoke its approval of tax credits for the
 1608  qualifying investment. The department shall issue a notice of
 1609  revocation and recapture to the qualifying private fund and the
 1610  Department of Revenue. The qualifying private fund must repay to
 1611  the department an amount equal to 50 percent of the tax credits
 1612  authorized by the department and claimed by a qualifying
 1613  portfolio company for the qualifying investment. Recaptured
 1614  funds must be deposited into the General Revenue Fund.
 1615         (b)If the department determines that the qualifying
 1616  private fund submitted any false statement, representation, or
 1617  certification in any application as provided in paragraph
 1618  (7)(e), the department must revoke its approval of tax credits
 1619  for the qualifying investment. The department shall issue a
 1620  notice of revocation and recapture to the qualifying private
 1621  fund and the Department of Revenue. The qualifying private fund
 1622  must repay to the department an amount equal to 100 percent of
 1623  the tax credits authorized by the department and claimed by a
 1624  qualifying portfolio company for the qualifying investment.
 1625  Recaptured funds must be deposited into the General Revenue
 1626  Fund.
 1627         (10)CONSTRUCTION.—For purposes of this section and part
 1628  III of chapter 692, committed capital invested in a qualifying
 1629  portfolio company by a venture capital fund may not be construed
 1630  as having ownership of the qualifying portfolio company.
 1631         (11)REPORTING.—Beginning December 30, 2026, the department
 1632  shall include the amounts of tax credits authorized and
 1633  received, the total number of jobs created, and the total number
 1634  of jobs created in this state in its annual incentives report
 1635  required under s. 288.0065.
 1636         (12)PRIORITY OF TAX CREDITS.—Fifty percent of the tax
 1637  credits provided in this section must be made available from
 1638  July 1 to December 31 of each year to provide tax credits for
 1639  qualifying investments in qualifying portfolio companies located
 1640  in a rural community as defined in s. 288.0656. All remaining
 1641  tax credits must be made available from January 1 to June 30 of
 1642  each year on a first-come, first-served basis, subject to the
 1643  eligibility of the qualifying investment.
 1644         (13)RULEMAKING.—The department is authorized to adopt
 1645  rules to implement this section.
 1646         Section 44. Subsection (10) of section 290.0056, Florida
 1647  Statutes, is amended to read:
 1648         290.0056 Enterprise zone development agency.—
 1649         (10) Contingent upon approval by the governing body, the
 1650  agency may invest in community investment corporations which
 1651  conduct, or agree to conduct, loan guarantee programs assisting
 1652  rural or urban minority business enterprises located in the
 1653  enterprise zone. In making such investments, the agency shall
 1654  first attempt to invest in existing community investment
 1655  corporations providing services in the enterprise zone. Such
 1656  investments shall be made under conditions required by law and
 1657  as the agency may require, including, but not limited to:
 1658         (a) The funds invested by the agency shall be used to
 1659  provide loan guarantees to individuals for rural or urban
 1660  minority business enterprises located in the enterprise zone.
 1661         (b) The community investment corporation may not approve
 1662  any application for a loan guarantee unless the person applying
 1663  for the loan guarantee shows that he or she has applied for the
 1664  loan or loan guarantee through normal banking channels and that
 1665  the loan or loan guarantee has been refused by at least one bank
 1666  or other financial institution.
 1667         Section 45. Paragraph (f) of subsection (1) of section
 1668  290.0057, Florida Statutes, is amended to read:
 1669         290.0057 Enterprise zone development plan.—
 1670         (1) Any application for designation as a new enterprise
 1671  zone must be accompanied by a strategic plan adopted by the
 1672  governing body of the municipality or county, or the governing
 1673  bodies of the county and one or more municipalities together. At
 1674  a minimum, the plan must:
 1675         (f) Identify the amount of local and private resources that
 1676  will be available in the nominated area and the private/public
 1677  partnerships to be used, which may include participation by, and
 1678  cooperation with, universities, community colleges, small
 1679  business development centers, black business investment
 1680  corporations in rural or urban areas as defined in s. 288.703,
 1681  certified development corporations, and other private and public
 1682  entities.
 1683         Section 46. Subsection (4) of section 331.302, Florida
 1684  Statutes, is amended to read:
 1685         331.302 Space Florida; creation; purpose.—
 1686         (4) Space Florida is not an agency as defined in ss.
 1687  216.011, and 287.012, and 287.055. Space Florida is exempt from
 1688  the bidding requirements in s. 255.20 when Space Florida engages
 1689  in professional or construction services, or both, under an
 1690  arrangement with a person in which:
 1691         (a) The person offering personal or construction goods or
 1692  services is not subject to the requirements of s. 287.055;
 1693         (b) Space Florida and the person execute a contract with
 1694  terms acceptable to Space Florida; and
 1695         (c) The person provides to Space Florida by contract an
 1696  unqualified representation and warranty that the payments by the
 1697  person to Space Florida in return for the possession and use of
 1698  the project by the person will not be derived, directly or
 1699  indirectly, from state or local government funds.
 1700  
 1701  For purposes of this subsection, monies received by the person
 1702  contracted to provide goods produced and services provided from
 1703  government entities in the ordinary course of its operation of
 1704  the project are not state or local government funds.
 1705         Section 47. Section 331.351, Florida Statutes, is amended
 1706  to read:
 1707         331.351 Participation by rural or urban women, minorities,
 1708  and socially and economically disadvantaged business enterprises
 1709  encouraged.—It is the intent of the Legislature and the public
 1710  policy of this state that rural or urban women, minorities, and
 1711  socially and economically disadvantaged business enterprises be
 1712  encouraged to participate fully in all phases of economic and
 1713  community development. Accordingly, to achieve such purpose,
 1714  Space Florida shall, in accordance with applicable state and
 1715  federal law, involve and utilize rural or urban women,
 1716  minorities, and socially and economically disadvantaged business
 1717  enterprises in all phases of the design, development,
 1718  construction, maintenance, and operation of spaceports developed
 1719  under this act.
 1720         Section 48. Paragraph (b) of subsection (4) and subsection
 1721  (9) of section 445.08, Florida Statutes, are amended to read:
 1722         445.08 Florida Law Enforcement Recruitment Bonus Payment
 1723  Program.—
 1724         (4) The department shall develop an annual plan for the
 1725  administration of the program and distribution of bonus
 1726  payments. Applicable employing agencies shall assist the
 1727  department with the collection of any data necessary to
 1728  determine bonus payment amounts and to distribute the bonus
 1729  payments, and shall otherwise provide the department with any
 1730  information or assistance needed to fulfill the requirements of
 1731  this section. At a minimum, the plan must include:
 1732         (b) The minimum eligibility requirements a newly employed
 1733  officer must meet to receive and retain a bonus payment, which
 1734  must include:
 1735         1. Obtaining certification for employment or appointment as
 1736  a law enforcement officer pursuant to s. 943.1395.
 1737         2. Gaining full-time employment with a Florida criminal
 1738  justice agency.
 1739         3. Maintaining continuous full-time employment with a
 1740  Florida criminal justice agency for at least 2 years from the
 1741  date on which the officer obtained certification. The required
 1742  2-year employment period may be satisfied by maintaining
 1743  employment at one or more employing agencies, but such period
 1744  must not contain any break in service longer than 180 15
 1745  calendar days. A law enforcement officer must provide
 1746  documentation to the department justifying the break in service.
 1747  The department shall establish the acceptable circumstances for
 1748  any such break in service. Any break in service will not count
 1749  toward satisfying the 2-year full-time employment requirement of
 1750  this section.
 1751  
 1752  The department may establish other criteria deemed necessary to
 1753  determine bonus payment eligibility and distribution.
 1754         (9) This section expires July 1, 2025.
 1755         Section 49. Paragraph (a) of subsection (4) of section
 1756  447.203, Florida Statutes, is amended to read:
 1757         447.203 Definitions.—As used in this part:
 1758         (4) “Managerial employees” are those employees who:
 1759         (a) Perform jobs that are not of a routine, clerical, or
 1760  ministerial nature and require the exercise of independent
 1761  judgment in the performance of such jobs and to whom one or more
 1762  of the following applies:
 1763         1. They formulate or assist in formulating policies which
 1764  are applicable to bargaining unit employees.
 1765         2. They may reasonably be required on behalf of the
 1766  employer to assist in the preparation for the conduct of
 1767  collective bargaining negotiations.
 1768         3. They have a role in the administration of agreements
 1769  resulting from collective bargaining negotiations.
 1770         4. They have a significant role in personnel
 1771  administration.
 1772         5. They have a significant role in employee relations.
 1773         6. They are included in the definition of administrative
 1774  personnel contained in s. 1012.01(3).
 1775         7. They have a significant role in the preparation or
 1776  administration of budgets for any public agency or institution
 1777  or subdivision thereof.
 1778         8.They have a significant and specific role executing
 1779  statewide business and economic development projects in support
 1780  of business recruitment, retention, and expansion.
 1781  
 1782  However, in determining whether an individual is a managerial
 1783  employee pursuant to paragraph (a) or paragraph (b), above, the
 1784  commission may consider historic relationships of the employee
 1785  to the public employer and to co-employees coemployees.
 1786         Section 50. Local governments may enter into agreements to
 1787  create regional planning entities pursuant to chapter 163,
 1788  Florida Statutes.
 1789         Section 51. Subsection (2) of section 17.11, Florida
 1790  Statutes, is amended to read:
 1791         17.11 To report disbursements made.—
 1792         (2) The Chief Financial Officer shall also cause to have
 1793  reported from the Florida Accounting Information Resource
 1794  Subsystem no less than quarterly the disbursements which
 1795  agencies made to small businesses, as defined in the Florida
 1796  Small and Minority Business Assistance Act,; and to certified
 1797  rural or urban minority business enterprises in the aggregate;
 1798  and to certified minority business enterprises broken down into
 1799  categories of minority persons, as well as gender and
 1800  nationality subgroups. This information must shall be made
 1801  available to the agencies, the Office of Supplier Development
 1802  Diversity, the Governor, the President of the Senate, and the
 1803  Speaker of the House of Representatives. Each agency shall be
 1804  responsible for the accuracy of information entered into the
 1805  Florida Accounting Information Resource Subsystem for use in
 1806  this reporting.
 1807         Section 52. Paragraph (f) of subsection (1) of section
 1808  68.082, Florida Statutes, is amended to read:
 1809         68.082 False claims against the state; definitions;
 1810  liability.—
 1811         (1) As used in this section, the term:
 1812         (f) “State” means the government of the state or any
 1813  department, division, bureau, commission, regional planning
 1814  agency, board, district, authority, agency, or other
 1815  instrumentality of the state.
 1816         Section 53. Paragraph (a) of subsection (1) of section
 1817  120.52, Florida Statutes, is amended to read:
 1818         120.52 Definitions.—As used in this act:
 1819         (1) “Agency” means the following officers or governmental
 1820  entities if acting pursuant to powers other than those derived
 1821  from the constitution:
 1822         (a) The Governor; each state officer and state department,
 1823  and each departmental unit described in s. 20.04; the Board of
 1824  Governors of the State University System; the Commission on
 1825  Ethics; the Fish and Wildlife Conservation Commission; a
 1826  regional water supply authority; a regional planning agency; a
 1827  multicounty special district, but only if a majority of its
 1828  governing board is comprised of nonelected persons; educational
 1829  units; and each entity described in chapters 163, 373, 380, and
 1830  582 and s. 186.504.
 1831  
 1832  This definition does not include a municipality or legal entity
 1833  created solely by a municipality; a legal entity or agency
 1834  created in whole or in part pursuant to part II of chapter 361;
 1835  a metropolitan planning organization created pursuant to s.
 1836  339.175; a separate legal or administrative entity created
 1837  pursuant to s. 339.175 of which a metropolitan planning
 1838  organization is a member; an expressway authority pursuant to
 1839  chapter 348 or any transportation authority or commission under
 1840  chapter 343 or chapter 349; or a legal or administrative entity
 1841  created by an interlocal agreement pursuant to s. 163.01(7),
 1842  unless any party to such agreement is otherwise an agency as
 1843  defined in this subsection.
 1844         Section 54. Subsection (4) of section 120.525, Florida
 1845  Statutes, is amended to read:
 1846         120.525 Meetings, hearings, and workshops.—
 1847         (4) For purposes of establishing a quorum at meetings of
 1848  regional planning councils that cover three or more counties, a
 1849  voting member who appears via telephone, real-time
 1850  videoconferencing, or similar real-time electronic or video
 1851  communication that is broadcast publicly at the meeting location
 1852  may be counted toward the quorum requirement if at least one
 1853  third of the voting members of the regional planning council are
 1854  physically present at the meeting location. A member must
 1855  provide oral, written, or electronic notice of his or her intent
 1856  to appear via telephone, real-time videoconferencing, or similar
 1857  real-time electronic or video communication to the regional
 1858  planning council at least 24 hours before the scheduled meeting.
 1859         Section 55. Subsection (9) of section 120.65, Florida
 1860  Statutes, is amended to read:
 1861         120.65 Administrative law judges.—
 1862         (9) The division shall be reimbursed for administrative law
 1863  judge services and travel expenses by the following entities:
 1864  water management districts, regional planning councils, school
 1865  districts, community colleges, the Division of Florida Colleges,
 1866  state universities, the Board of Governors of the State
 1867  University System, the State Board of Education, the Florida
 1868  School for the Deaf and the Blind, and the Commission for
 1869  Independent Education. These entities shall contract with the
 1870  division to establish a contract rate for services and
 1871  provisions for reimbursement of administrative law judge travel
 1872  expenses and video teleconferencing expenses attributable to
 1873  hearings conducted on behalf of these entities. The contract
 1874  rate must be based on a total-cost-recovery methodology.
 1875         Section 56. Subsections (43) and (47) of section 163.3164,
 1876  Florida Statutes, are amended to read:
 1877         163.3164 Community Planning Act; definitions.—As used in
 1878  this act:
 1879         (43) “Regional planning agency” means the council created
 1880  pursuant to chapter 186.
 1881         (46)(47) “Structure” has the same meaning as in s. 380.031
 1882  s. 380.031(19).
 1883         Section 57. Paragraph (h) of subsection (6) of section
 1884  163.3177, Florida Statutes, is amended to read:
 1885         163.3177 Required and optional elements of comprehensive
 1886  plan; studies and surveys.—
 1887         (6) In addition to the requirements of subsections (1)-(5),
 1888  the comprehensive plan must shall include the following
 1889  elements:
 1890         (h)1. An intergovernmental coordination element showing
 1891  relationships and stating principles and guidelines to be used
 1892  in coordinating the adopted comprehensive plan with the plans of
 1893  school boards, regional water supply authorities, and other
 1894  units of local government providing services but not having
 1895  regulatory authority over the use of land, with the
 1896  comprehensive plans of adjacent municipalities, the county,
 1897  adjacent counties, or the region, with the state comprehensive
 1898  plan and with the applicable regional water supply plan approved
 1899  pursuant to s. 373.709, as the case may require and as such
 1900  adopted plans or plans in preparation may exist. This element of
 1901  the local comprehensive plan must demonstrate consideration of
 1902  the particular effects of the local plan, when adopted, upon the
 1903  development of adjacent municipalities, the county, adjacent
 1904  counties, or the region, or upon the state comprehensive plan,
 1905  as the case may require.
 1906         a. The intergovernmental coordination element must provide
 1907  procedures for identifying and implementing joint planning
 1908  areas, especially for the purpose of annexation, municipal
 1909  incorporation, and joint infrastructure service areas.
 1910         b. The intergovernmental coordination element must shall
 1911  provide for a dispute resolution process, as established
 1912  pursuant to s. 186.509, for bringing intergovernmental disputes
 1913  to closure in a timely manner.
 1914         c. The intergovernmental coordination element must shall
 1915  provide for interlocal agreements as established pursuant to s.
 1916  333.03(1)(b).
 1917         2. The intergovernmental coordination element must shall
 1918  also state principles and guidelines to be used in coordinating
 1919  the adopted comprehensive plan with the plans of school boards
 1920  and other units of local government providing facilities and
 1921  services but not having regulatory authority over the use of
 1922  land. In addition, the intergovernmental coordination element
 1923  must describe joint processes for collaborative planning and
 1924  decisionmaking on population projections and public school
 1925  siting, the location and extension of public facilities subject
 1926  to concurrency, and siting facilities with countywide
 1927  significance, including locally unwanted land uses whose nature
 1928  and identity are established in an agreement.
 1929         3. Within 1 year after adopting their intergovernmental
 1930  coordination elements, each county, all the municipalities
 1931  within that county, the district school board, and any unit of
 1932  local government service providers in that county shall
 1933  establish by interlocal or other formal agreement executed by
 1934  all affected entities, the joint processes described in this
 1935  subparagraph consistent with their adopted intergovernmental
 1936  coordination elements. The agreement must:
 1937         a. Ensure that the local government addresses through
 1938  coordination mechanisms the impacts of development proposed in
 1939  the local comprehensive plan upon development in adjacent
 1940  municipalities, the county, adjacent counties, the region, and
 1941  the state. The area of concern for municipalities must shall
 1942  include adjacent municipalities, the county, and counties
 1943  adjacent to the municipality. The area of concern for counties
 1944  must shall include all municipalities within the county,
 1945  adjacent counties, and adjacent municipalities.
 1946         b. Ensure coordination in establishing level of service
 1947  standards for public facilities with any state, regional, or
 1948  local entity having operational and maintenance responsibility
 1949  for such facilities.
 1950         Section 58. Subsection (5) of section 163.3178, Florida
 1951  Statutes, is amended to read:
 1952         163.3178 Coastal management.—
 1953         (5) A The appropriate dispute resolution process provided
 1954  under s. 186.509 must be used to reconcile inconsistencies
 1955  between port master plans and local comprehensive plans. In
 1956  recognition of the state’s commitment to deepwater ports, the
 1957  state comprehensive plan must include goals, objectives, and
 1958  policies that establish a statewide strategy for enhancement of
 1959  existing deepwater ports, ensuring that priority is given to
 1960  water-dependent land uses. As an incentive for promoting plan
 1961  consistency, port facilities as defined in s. 315.02(6) on lands
 1962  owned or controlled by a deepwater port as defined in s.
 1963  311.09(1), as of the effective date of this act are shall not be
 1964  subject to development-of-regional-impact review provided the
 1965  port either successfully completes an alternative comprehensive
 1966  development agreement with a local government pursuant to ss.
 1967  163.3220-163.3243 or successfully enters into a development
 1968  agreement with the state land planning agency and applicable
 1969  local government pursuant to s. 380.032 or, where the port is a
 1970  department of a local government, successfully enters into a
 1971  development agreement with the state land planning agency
 1972  pursuant to s. 380.032. Port facilities as defined in s.
 1973  315.02(6) on lands not owned or controlled by a deepwater port
 1974  as defined in s. 311.09(1) as of the effective date of this act
 1975  are shall not be subject to development-of-regional-impact
 1976  review provided the port successfully enters into a development
 1977  agreement with the state land planning agency and applicable
 1978  local government pursuant to s. 380.032 or, where the port is a
 1979  department of a local government, successfully enters into a
 1980  development agreement with the state land planning agency
 1981  pursuant to s. 380.032.
 1982         Section 59. Paragraph (c) of subsection (1) and paragraph
 1983  (b) of subsection (3) of section 163.3184, Florida Statutes, are
 1984  amended to read:
 1985         163.3184 Process for adoption of comprehensive plan or plan
 1986  amendment.—
 1987         (1) DEFINITIONS.—As used in this section, the term:
 1988         (c) “Reviewing agencies” means:
 1989         1. The state land planning agency;
 1990         2. The appropriate regional planning council;
 1991         2.3. The appropriate water management district;
 1992         3.4. The Department of Environmental Protection;
 1993         4.5. The Department of State;
 1994         5.6. The Department of Transportation;
 1995         6.7. In the case of plan amendments relating to public
 1996  schools, the Department of Education;
 1997         7.8. In the case of plans or plan amendments that affect a
 1998  military installation listed in s. 163.3175, the commanding
 1999  officer of the affected military installation;
 2000         8.9. In the case of county plans and plan amendments, the
 2001  Fish and Wildlife Conservation Commission and the Department of
 2002  Agriculture and Consumer Services; and
 2003         9.10. In the case of municipal plans and plan amendments,
 2004  the county in which the municipality is located.
 2005         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
 2006  COMPREHENSIVE PLAN AMENDMENTS.—
 2007         (b)1. The local government, after the initial public
 2008  hearing held pursuant to subsection (11), shall transmit within
 2009  10 working days the amendment or amendments and appropriate
 2010  supporting data and analyses to the reviewing agencies. The
 2011  local governing body shall also transmit a copy of the
 2012  amendments and supporting data and analyses to any other local
 2013  government or governmental agency that has filed a written
 2014  request with the governing body.
 2015         2. The reviewing agencies and any other local government or
 2016  governmental agency specified in subparagraph 1. may provide
 2017  comments regarding the amendment or amendments to the local
 2018  government. State agencies shall only comment on important state
 2019  resources and facilities that will be adversely impacted by the
 2020  amendment if adopted. Comments provided by state agencies shall
 2021  state with specificity how the plan amendment will adversely
 2022  impact an important state resource or facility and shall
 2023  identify measures the local government may take to eliminate,
 2024  reduce, or mitigate the adverse impacts. Such comments, if not
 2025  resolved, may result in a challenge by the state land planning
 2026  agency to the plan amendment. Agencies and local governments
 2027  must transmit their comments to the affected local government
 2028  such that they are received by the local government not later
 2029  than 30 days after the date on which the agency or government
 2030  received the amendment or amendments. Reviewing agencies shall
 2031  also send a copy of their comments to the state land planning
 2032  agency.
 2033         3. Comments to the local government from a regional
 2034  planning council, county, or municipality are shall be limited
 2035  as follows:
 2036         a. The regional planning council review and comments shall
 2037  be limited to adverse effects on regional resources or
 2038  facilities identified in the strategic regional policy plan and
 2039  extrajurisdictional impacts that would be inconsistent with the
 2040  comprehensive plan of any affected local government within the
 2041  region. A regional planning council may not review and comment
 2042  on a proposed comprehensive plan amendment prepared by such
 2043  council unless the plan amendment has been changed by the local
 2044  government subsequent to the preparation of the plan amendment
 2045  by the regional planning council.
 2046         b. County comments must shall be in the context of the
 2047  relationship and effect of the proposed plan amendments on the
 2048  county plan.
 2049         b.c. Municipal comments must shall be in the context of the
 2050  relationship and effect of the proposed plan amendments on the
 2051  municipal plan.
 2052         c.d. Military installation comments must shall be provided
 2053  in accordance with s. 163.3175.
 2054         4. Comments to the local government from state agencies
 2055  must shall be limited to the following subjects as they relate
 2056  to important state resources and facilities that will be
 2057  adversely impacted by the amendment if adopted:
 2058         a. The Department of Environmental Protection shall limit
 2059  its comments to the subjects of air and water pollution;
 2060  wetlands and other surface waters of the state; federal and
 2061  state-owned lands and interest in lands, including state parks,
 2062  greenways and trails, and conservation easements; solid waste;
 2063  water and wastewater treatment; and the Everglades ecosystem
 2064  restoration.
 2065         b. The Department of State shall limit its comments to the
 2066  subjects of historic and archaeological resources.
 2067         c. The Department of Transportation shall limit its
 2068  comments to issues within the agency’s jurisdiction as it
 2069  relates to transportation resources and facilities of state
 2070  importance.
 2071         d. The Fish and Wildlife Conservation Commission shall
 2072  limit its comments to subjects relating to fish and wildlife
 2073  habitat and listed species and their habitat.
 2074         e. The Department of Agriculture and Consumer Services
 2075  shall limit its comments to the subjects of agriculture,
 2076  forestry, and aquaculture issues.
 2077         f. The Department of Education shall limit its comments to
 2078  the subject of public school facilities.
 2079         g. The appropriate water management district shall limit
 2080  its comments to flood protection and floodplain management,
 2081  wetlands and other surface waters, and regional water supply.
 2082         h. The state land planning agency shall limit its comments
 2083  to important state resources and facilities outside the
 2084  jurisdiction of other commenting state agencies and may include
 2085  comments on countervailing planning policies and objectives
 2086  served by the plan amendment that should be balanced against
 2087  potential adverse impacts to important state resources and
 2088  facilities.
 2089         Section 60. Subsection (2) of section 163.3245, Florida
 2090  Statutes, is amended to read:
 2091         163.3245 Sector plans.—
 2092         (2) The Upon the request of a local government having
 2093  jurisdiction, the applicable regional planning council shall
 2094  conduct a scoping meeting with affected local governments and
 2095  those agencies identified in s. 163.3184(1)(c) before
 2096  preparation of the sector plan. The purpose of this meeting is
 2097  to assist the state land planning agency and the local
 2098  government in the identification of the relevant planning issues
 2099  to be addressed and the data and resources available to assist
 2100  in the preparation of the sector plan. If a scoping meeting is
 2101  conducted, the regional planning council shall make written
 2102  recommendations to the state land planning agency and affected
 2103  local governments on the issues requested by the local
 2104  government. The scoping meeting must shall be noticed and open
 2105  to the public. If the entire planning area proposed for the
 2106  sector plan is within the jurisdiction of two or more local
 2107  governments, some or all of them may enter into a joint planning
 2108  agreement pursuant to s. 163.3171 with respect to the geographic
 2109  area to be subject to the sector plan, the planning issues that
 2110  will be emphasized, procedures for intergovernmental
 2111  coordination to address extrajurisdictional impacts, supporting
 2112  application materials including data and analysis, procedures
 2113  for public participation, or other issues.
 2114         Section 61. Paragraph (i) of subsection (2) of section
 2115  163.568, Florida Statutes, is amended to read:
 2116         163.568 Purposes and powers.—
 2117         (2) The authority is granted the authority to exercise all
 2118  powers necessary, appurtenant, convenient, or incidental to the
 2119  carrying out of the aforesaid purposes, including, but not
 2120  limited to, the following rights and powers:
 2121         (i) To develop transportation plans, and to coordinate its
 2122  planning and programs with those of appropriate municipal,
 2123  county, and state agencies and other political subdivisions of
 2124  the state. All transportation plans are subject to review and
 2125  approval by the Department of Transportation and by the regional
 2126  planning agency, if any, for consistency with programs or
 2127  planning for the area and region.
 2128         Section 62. Subsection (2) of section 164.1031, Florida
 2129  Statutes, is amended to read:
 2130         164.1031 Definitions.—For purposes of this act:
 2131         (2) “Regional governmental entities” includes regional
 2132  planning councils, metropolitan planning organizations, water
 2133  supply authorities that include more than one county, local
 2134  health councils, water management districts, and other regional
 2135  entities that are authorized and created by general or special
 2136  law that have duties or responsibilities extending beyond the
 2137  jurisdiction of a single county.
 2138         Section 63. Subsection (5) of section 186.003, Florida
 2139  Statutes, is amended to read:
 2140         186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
 2141  As used in ss. 186.001-186.031 and 186.801-186.901, the term:
 2142         (5) “Regional planning agency” means the regional planning
 2143  council created pursuant to ss. 186.501-186.515 to exercise
 2144  responsibilities under ss. 186.001-186.031 and 186.801-186.901
 2145  in a particular region of the state.
 2146         Section 64. Subsection (7) of section 186.006, Florida
 2147  Statutes, is amended to read:
 2148         186.006 Powers and responsibilities of Executive Office of
 2149  the Governor.—For the purpose of establishing consistency and
 2150  uniformity in the state and regional planning process and in
 2151  order to ensure that the intent of ss. 186.001-186.031 and
 2152  186.801-186.901 is accomplished, the Executive Office of the
 2153  Governor shall:
 2154         (7) Act as the state clearinghouse and designate the
 2155  regional planning councils as the regional data clearinghouses.
 2156         Section 65. Subsections (7) and (8) of section 186.007,
 2157  Florida Statutes, are amended to read:
 2158         186.007 State comprehensive plan; preparation; revision.—
 2159         (7) In preparing and revising the state comprehensive plan,
 2160  the Executive Office of the Governor shall, to the extent
 2161  feasible, consider studies, reports, and plans of each
 2162  department, agency, and institution of state and local
 2163  government, each regional planning agency, and the Federal
 2164  Government and shall take into account the existing and
 2165  prospective resources, capabilities, and needs of state and
 2166  local levels of government.
 2167         (8) The revision of the state comprehensive plan is a
 2168  continuing process. Each section of the plan must shall be
 2169  reviewed and analyzed biennially by the Executive Office of the
 2170  Governor in conjunction with the planning officers of other
 2171  state agencies significantly affected by the provisions of the
 2172  particular section under review. In conducting this review and
 2173  analysis, the Executive Office of the Governor shall review and
 2174  consider, with the assistance of the state land planning agency,
 2175  any relevant reports, data, or analyses and regional planning
 2176  councils, the evaluation and appraisal reports prepared pursuant
 2177  to s. 186.511. Any necessary revisions of the state
 2178  comprehensive plan shall be proposed by the Governor in a
 2179  written report and be accompanied by an explanation of the need
 2180  for such changes. If the Governor determines that changes are
 2181  unnecessary, the written report must explain why changes are
 2182  unnecessary. The proposed revisions and accompanying
 2183  explanations may be submitted in the report required by s.
 2184  186.031. Any proposed revisions to the plan must shall be
 2185  submitted to the Legislature as provided in s. 186.008(2) at
 2186  least 30 days before prior to the regular legislative session
 2187  occurring in each even-numbered year.
 2188         Section 66. Subsection (1) of section 186.008, Florida
 2189  Statutes, is amended to read:
 2190         186.008 State comprehensive plan; revision;
 2191  implementation.—
 2192         (1) On or before October 1 of every odd-numbered year, the
 2193  Executive Office of the Governor shall prepare, and the Governor
 2194  shall recommend to the Administration Commission, any proposed
 2195  revisions to the state comprehensive plan deemed necessary. The
 2196  Governor shall transmit his or her recommendations and
 2197  explanation as required by s. 186.007(8). Copies must shall also
 2198  be provided to each state agency, to each regional planning
 2199  agency, to any other unit of government that requests a copy,
 2200  and to any member of the public who requests a copy.
 2201         Section 67. Section 186.803, Florida Statutes, is amended
 2202  to read:
 2203         186.803 Use of geographic information by governmental
 2204  entities.—When state agencies, water management districts,
 2205  regional planning councils, local governments, and other
 2206  governmental entities use maps, including geographic information
 2207  maps and other graphic information materials, as the source of
 2208  data for planning or any other purposes, they must take into
 2209  account that the accuracy and reliability of such maps and data
 2210  may be limited by various factors, including the scale of the
 2211  maps, the timeliness and accuracy of the underlying information,
 2212  the availability of more accurate site-specific information, and
 2213  the presence or absence of ground truthing or peer review of the
 2214  underlying information contained in such maps and other graphic
 2215  information. This section does not apply to maps adopted
 2216  pursuant to part II of chapter 163.
 2217         Section 68. Paragraph (b) of subsection (20) and paragraph
 2218  (b) of subsection (21) of section 187.201, Florida Statutes, are
 2219  amended to read:
 2220         187.201 State Comprehensive Plan adopted.—The Legislature
 2221  hereby adopts as the State Comprehensive Plan the following
 2222  specific goals and policies:
 2223         (20) GOVERNMENTAL EFFICIENCY.—
 2224         (b) Policies.—
 2225         1. Encourage greater cooperation between, among, and within
 2226  all levels of Florida government through the use of appropriate
 2227  interlocal agreements and mutual participation for mutual
 2228  benefit.
 2229         2. Allow the creation of independent special taxing
 2230  districts which have uniform general law standards and
 2231  procedures and do not overburden other governments and their
 2232  taxpayers while preventing the proliferation of independent
 2233  special taxing districts which do not meet these standards.
 2234         3. Encourage the use of municipal services taxing units and
 2235  other dependent special districts to provide needed
 2236  infrastructure where the fiscal capacity exists to support such
 2237  an approach.
 2238         4. Eliminate regulatory activities that are not tied to
 2239  specific public and natural resource protection needs.
 2240         5. Eliminate needless duplication of, and promote
 2241  cooperation in, governmental activities between, among, and
 2242  within state, regional, county, city, and other governmental
 2243  units.
 2244         6. Ensure, wherever possible, that the geographic
 2245  boundaries of water management districts, regional planning
 2246  councils, and substate districts of the executive departments
 2247  are shall be coterminous for related state or agency programs
 2248  and functions and promote interagency agreements in order to
 2249  reduce the number of districts and councils with jurisdiction in
 2250  any one county.
 2251         7. Encourage and provide for the restructuring of city and
 2252  county political jurisdictions with the goals of greater
 2253  efficiency and high-quality and more equitable and responsive
 2254  public service programs.
 2255         8. Replace multiple, small scale, economically inefficient
 2256  local public facilities with regional facilities where they are
 2257  proven to be more economical, particularly in terms of energy
 2258  efficiency, and yet can retain the quality of service expected
 2259  by the public.
 2260         9. Encourage greater efficiency and economy at all levels
 2261  of government through adoption and implementation of effective
 2262  records management, information management, and evaluation
 2263  procedures.
 2264         10. Throughout government, establish citizen management
 2265  efficiency groups and internal management groups to make
 2266  recommendations for greater operating efficiencies and improved
 2267  management practices.
 2268         11. Encourage governments to seek outside contracting on a
 2269  competitive-bid basis when cost-effective and appropriate.
 2270         12. Discourage undue expansion of state government and make
 2271  every effort to streamline state government in a cost-effective
 2272  manner.
 2273         13. Encourage joint venture solutions to mutual problems
 2274  between levels of government and private enterprise.
 2275         (21) THE ECONOMY.—
 2276         (b) Policies.—
 2277         1. Attract new job-producing industries, corporate
 2278  headquarters, distribution and service centers, regional
 2279  offices, and research and development facilities to provide
 2280  quality employment for the residents of Florida.
 2281         2. Promote entrepreneurship, small and small and minority
 2282  owned business startups, and business startups in rural or urban
 2283  areas as described in s. 288.703 by providing technical and
 2284  information resources, facilitating capital formation, and
 2285  removing regulatory restraints which are unnecessary for the
 2286  protection of consumers and society.
 2287         3. Maintain, as one of the state’s primary economic assets,
 2288  the environment, including clean air and water, beaches,
 2289  forests, historic landmarks, and agricultural and natural
 2290  resources.
 2291         4. Strengthen Florida’s position in the world economy
 2292  through attracting foreign investment and promoting
 2293  international banking and trade.
 2294         5. Build on the state’s attractiveness to make it a leader
 2295  in the visual and performing arts and in all phases of film,
 2296  television, and recording production.
 2297         6. Promote economic development for Florida residents
 2298  through partnerships among education, business, industry,
 2299  agriculture, and the arts.
 2300         7. Provide increased opportunities for training Florida’s
 2301  workforce to provide skilled employees for new and expanding
 2302  business.
 2303         8. Promote economic self-sufficiency through training and
 2304  educational programs which result in productive employment.
 2305         9. Promote cooperative employment arrangements between
 2306  private employers and public sector employment efforts to
 2307  provide productive, permanent employment opportunities for
 2308  public assistance recipients through provisions of education
 2309  opportunities, tax incentives, and employment training.
 2310         10. Provide for nondiscriminatory employment opportunities.
 2311         11. Provide quality child day care for public assistance
 2312  families and others who need it in order to work.
 2313         12. Encourage the development of a business climate that
 2314  provides opportunities for the growth and expansion of existing
 2315  state industries, particularly those industries which are
 2316  compatible with Florida’s environment.
 2317         13. Promote coordination among Florida’s ports to increase
 2318  their utilization.
 2319         14. Encourage the full utilization by businesses of the
 2320  economic development enhancement programs implemented by the
 2321  Legislature for the purpose of extensively involving private
 2322  businesses in the development and expansion of permanent job
 2323  opportunities, especially for the economically disadvantaged,
 2324  through the utilization of enterprise zones, community
 2325  development corporations, and other programs designed to enhance
 2326  economic and employment opportunities.
 2327         Section 69. Paragraph (g) of subsection (3) of section
 2328  212.096, Florida Statutes, is amended to read:
 2329         212.096 Sales, rental, storage, use tax; enterprise zone
 2330  jobs credit against sales tax.—
 2331         (3) In order to claim this credit, an eligible business
 2332  must file under oath with the governing body or enterprise zone
 2333  development agency having jurisdiction over the enterprise zone
 2334  where the business is located, as applicable, a statement which
 2335  includes:
 2336         (g) Whether the business is a small business as defined by
 2337  s. 288.703 s. 288.703(6).
 2338         Section 70. Paragraph (c) of subsection (1) and subsection
 2339  (2) of section 218.32, Florida Statutes, are amended to read:
 2340         218.32 Annual financial reports; local governmental
 2341  entities.—
 2342         (1)
 2343         (c) Each regional planning council created under s.
 2344  186.504, each local government finance commission, board, or
 2345  council, and each municipal power corporation created as a
 2346  separate legal or administrative entity by interlocal agreement
 2347  under s. 163.01(7) shall submit to the department a copy of its
 2348  audit report and an annual financial report for the previous
 2349  fiscal year in a format prescribed by the department.
 2350         (2) The department shall annually by December 1 file a
 2351  verified report with the Governor, the Legislature, the Auditor
 2352  General, and the Special District Accountability Program of the
 2353  Department of Commerce showing the revenues, both locally
 2354  derived and derived from intergovernmental transfers, and the
 2355  expenditures of each local governmental entity, regional
 2356  planning council, local government finance commission, and
 2357  municipal power corporation that is required to submit an annual
 2358  financial report. In preparing the verified report, the
 2359  department may request additional information from the local
 2360  governmental entity. The information requested must be provided
 2361  to the department within 45 days after the request. If the local
 2362  governmental entity does not comply with the request, the
 2363  department shall notify the Legislative Auditing Committee,
 2364  which may take action pursuant to s. 11.40(2). The report must
 2365  include, but is not limited to:
 2366         (a) The total revenues and expenditures of each local
 2367  governmental entity that is a component unit included in the
 2368  annual financial report of the reporting entity.
 2369         (b) The amount of outstanding long-term debt by each local
 2370  governmental entity. For purposes of this paragraph, the term
 2371  “long-term debt” means any agreement or series of agreements to
 2372  pay money, which, at inception, contemplate terms of payment
 2373  exceeding 1 year in duration.
 2374         Section 71. Section 255.101, Florida Statutes, is amended
 2375  to read:
 2376         255.101 Contracts for public construction works;
 2377  utilization of rural or urban minority business enterprises.—
 2378         (1) All county officials, boards of county commissioners,
 2379  school boards, city councils, city commissioners, and all other
 2380  public officers of state boards or commissions which are charged
 2381  with the letting of contracts for public works and for the
 2382  construction of public bridges, buildings, and other structures
 2383  shall operate in accordance with s. 287.093, except that all
 2384  contracts for the construction of state facilities should comply
 2385  with provisions in s. 287.09451, and rules adopted pursuant
 2386  thereto, for the utilization of rural or urban minority business
 2387  enterprises. When construction is financed in whole or in part
 2388  from federal funds and where federal provisions for utilization
 2389  of rural or urban minority business enterprises apply, this
 2390  section may shall not apply.
 2391         (2) Counties, municipalities, and special districts as
 2392  defined in chapter 189, or other political subdivisions of the
 2393  state are encouraged to be sensitive to the effect of job-size
 2394  barriers on rural or urban minority businesses. To this end,
 2395  these governmental entities are encouraged to competitively
 2396  award public construction projects exceeding $100,000.
 2397         Section 72. Section 255.102, Florida Statutes, is amended
 2398  to read:
 2399         255.102 Contractor utilization of rural or urban minority
 2400  business enterprises.—
 2401         (1) Agencies shall consider the use of price preferences,
 2402  weighted preference formulas, or other preferences for
 2403  construction contracts, as determined appropriate by the Office
 2404  of Supplier Development Diversity to increase minority
 2405  participation in rural or urban areas.
 2406         (2) The Office of Supplier Development Diversity, in
 2407  collaboration with the Board of Governors of the State
 2408  University System, shall adopt rules to determine what is a
 2409  “good faith effort” for purposes of contractor compliance with
 2410  rural or urban areas minority participation goals established
 2411  for competitively awarded building and construction projects.
 2412  Pro forma efforts may shall not be considered good faith.
 2413  Factors which must shall be considered by the state agency in
 2414  determining whether a contractor has made good faith efforts
 2415  shall include, but not be limited to:
 2416         (a) Whether the contractor attended any presolicitation or
 2417  prebid meetings that were scheduled by the agency to inform
 2418  rural or urban minority business enterprises of contracting and
 2419  subcontracting opportunities.
 2420         (b) Whether the contractor advertised in general
 2421  circulation, trade association, or rural-focused or urban
 2422  focused minority-focus media concerning the subcontracting
 2423  opportunities.
 2424         (c) Whether the contractor provided written notice to all
 2425  relevant subcontractors listed on the minority vendor list for
 2426  that locality and statewide as provided by the agency as of the
 2427  date of issuance of the invitation to bid, that their interest
 2428  in the contract was being solicited in sufficient time to allow
 2429  the rural or urban minority business enterprises to participate
 2430  effectively.
 2431         (d) Whether the contractor followed up initial
 2432  solicitations of interest by contacting rural or urban minority
 2433  business enterprises, the Office of Supplier Development
 2434  Diversity, or minority persons who responded and provided
 2435  detailed information about prebid meetings, access to plans,
 2436  specifications, contractor’s project manager, subcontractor
 2437  bonding, if any, payment schedule, bid addenda, and other
 2438  assistance provided by the contractor to enhance rural or urban
 2439  minority business enterprise participation.
 2440         (e) Whether the contractor selected portions of the work to
 2441  be performed by rural or urban minority business enterprises in
 2442  order to increase the likelihood of meeting the rural or urban
 2443  minority business enterprise procurement goals, including, where
 2444  appropriate, breaking down contracts into economically feasible
 2445  units to facilitate rural or urban minority business enterprise
 2446  participation under reasonable and economical conditions of
 2447  performance.
 2448         (f) Whether the contractor provided the Office of Supplier
 2449  Development Diversity as well as interested rural or urban
 2450  minority business enterprises or minority persons with adequate
 2451  information about the plans, specifications, and requirements of
 2452  the contract or the availability of jobs at a time no later than
 2453  when such information was provided to other subcontractors.
 2454         (g) Whether the contractor negotiated in good faith with
 2455  interested rural or urban minority business enterprises or
 2456  minority persons, not rejecting rural or urban minority business
 2457  enterprises or minority persons as unqualified without sound
 2458  reasons based on a thorough investigation of their capabilities
 2459  or imposing implausible conditions of performance on the
 2460  contract.
 2461         (h) Whether the contractor diligently seeks to replace a
 2462  rural or urban minority business enterprise subcontractor that
 2463  is unable to perform successfully with another rural or urban
 2464  minority business enterprise.
 2465         (i) Whether the contractor effectively used the services of
 2466  available rural or urban minority community organizations; rural
 2467  or urban minority contractors’ groups; local, state, and federal
 2468  rural or urban minority business assistance offices; and other
 2469  organizations that provide assistance in the recruitment and
 2470  placement of rural or urban minority business enterprises or
 2471  minority persons.
 2472         (3) If an agency considers any other criteria in
 2473  determining whether a contractor has made a good faith effort,
 2474  the agency must shall adopt such criteria in accordance with s.
 2475  120.54, and, where required by that section, by rule, after May
 2476  31, 1994. In adopting such criteria, the agency shall identify
 2477  the specific factors in as objective a manner as possible to be
 2478  used to assess a contractor’s performance against said criteria.
 2479         (4) Notwithstanding the provisions of s. 287.09451 to the
 2480  contrary, agencies shall monitor good faith efforts of
 2481  contractors in competitively awarded building and construction
 2482  projects, in accordance with rules established pursuant to this
 2483  section. It is the responsibility of the contractor to exercise
 2484  good faith efforts in accordance with rules established pursuant
 2485  to this section, and to provide documentation necessary to
 2486  assess efforts to include rural or urban minority business
 2487  participation.
 2488         Section 73. Paragraph (a) of subsection (7) of section
 2489  258.501, Florida Statutes, is amended to read:
 2490         258.501 Myakka River; wild and scenic segment.—
 2491         (7) MANAGEMENT COORDINATING COUNCIL.—
 2492         (a) Upon designation, the department shall create a
 2493  permanent council to provide interagency and intergovernmental
 2494  coordination in the management of the river. The coordinating
 2495  council shall be composed of one representative appointed from
 2496  each of the following: the department, the Department of
 2497  Transportation, the Fish and Wildlife Conservation Commission,
 2498  the Department of Commerce, the Florida Forest Service of the
 2499  Department of Agriculture and Consumer Services, the Division of
 2500  Historical Resources of the Department of State, the Tampa Bay
 2501  Regional Planning Council, the Southwest Florida Water
 2502  Management District, the Southwest Florida Regional Planning
 2503  Council, Manatee County, Sarasota County, Charlotte County, the
 2504  City of Sarasota, the City of North Port, agricultural
 2505  interests, environmental organizations, and any others deemed
 2506  advisable by the department.
 2507         Section 74. Subsections (1) and (3) of section 260.0142,
 2508  Florida Statutes, are amended to read:
 2509         260.0142 Florida Greenways and Trails Council; composition;
 2510  powers and duties.—
 2511         (1) There is created within the department the Florida
 2512  Greenways and Trails Council which shall advise the department
 2513  in the execution of the department’s powers and duties under
 2514  this chapter. The council shall be composed of 19 21 members,
 2515  consisting of:
 2516         (a)1. Five Six members appointed by the Governor, with two
 2517  members representing the trail user community, two members
 2518  representing the greenway user community, one member from the
 2519  board of the Florida Wildlife Corridor Foundation, and one
 2520  member representing private landowners.
 2521         2. Three members appointed by the President of the Senate,
 2522  with one member representing the trail user community and two
 2523  members representing the greenway user community.
 2524         3. Three members appointed by the Speaker of the House of
 2525  Representatives, with two members representing the trail user
 2526  community and one member representing the greenway user
 2527  community.
 2528  
 2529  Those eligible to represent the trail user community shall be
 2530  chosen from, but not be limited to, paved trail users, hikers,
 2531  off-road bicyclists, users of off-highway vehicles, paddlers,
 2532  equestrians, disabled outdoor recreational users, and commercial
 2533  recreational interests. Those eligible to represent the greenway
 2534  user community must be chosen from, but not be limited to,
 2535  conservation organizations, nature study organizations, and
 2536  scientists and university experts.
 2537         (b) The 8 9 remaining members include:
 2538         1. The Secretary of Environmental Protection or a designee.
 2539         2. The executive director of the Fish and Wildlife
 2540  Conservation Commission or a designee.
 2541         3. The Secretary of Transportation or a designee.
 2542         4. The Director of the Florida Forest Service of the
 2543  Department of Agriculture and Consumer Services or a designee.
 2544         5. The director of the Division of Historical Resources of
 2545  the Department of State or a designee.
 2546         6. A representative of the water management districts.
 2547  Membership on the council must rotate among the five districts.
 2548  The districts shall determine the order of rotation.
 2549         7. A representative of a federal land management agency.
 2550  The Secretary of Environmental Protection shall identify the
 2551  appropriate federal agency and request designation of a
 2552  representative from the agency to serve on the council.
 2553         8. A representative of the regional planning councils to be
 2554  appointed by the Secretary of Environmental Protection.
 2555  Membership on the council must rotate among the seven regional
 2556  planning councils. The regional planning councils shall
 2557  determine the order of rotation.
 2558         8.9. A representative of local governments to be appointed
 2559  by the Secretary of Environmental Protection. Membership must
 2560  alternate between a county representative and a municipal
 2561  representative.
 2562         (3) The term of all appointees shall be for 2 years unless
 2563  otherwise specified. The appointees of the Governor, the
 2564  President of the Senate, and the Speaker of the House of
 2565  Representatives may be reappointed for no more than four
 2566  consecutive terms. The representatives of the water management
 2567  districts, regional planning councils, and local governments may
 2568  be reappointed for no more than two consecutive terms. All other
 2569  appointees shall serve until replaced.
 2570         Section 75. Paragraph (d) of subsection (3) of section
 2571  287.055, Florida Statutes, is amended to read:
 2572         287.055 Acquisition of professional architectural,
 2573  engineering, landscape architectural, or surveying and mapping
 2574  services; definitions; procedures; contingent fees prohibited;
 2575  penalties.—
 2576         (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—
 2577         (d) Each agency shall evaluate professional services,
 2578  including capabilities, adequacy of personnel, past record,
 2579  experience, whether the firm is a certified minority business
 2580  enterprise as defined by the Florida Small and Minority Business
 2581  Assistance Act, and other factors determined by the agency to be
 2582  applicable to its particular requirements. When securing
 2583  professional services, an agency must endeavor to meet the rural
 2584  or urban minority business enterprise procurement goals under s.
 2585  287.09451.
 2586         Section 76. Subsections (8), (9), and (12) of section
 2587  287.057, Florida Statutes, are amended to read:
 2588         287.057 Procurement of commodities or contractual
 2589  services.—
 2590         (8)(a) In order to strive to meet the rural or urban
 2591  minority business enterprise procurement goals set forth in s.
 2592  287.09451, an agency may reserve any contract for competitive
 2593  solicitation only among certified rural or urban minority
 2594  business enterprises. Agencies shall review all their contracts
 2595  each fiscal year and shall determine which contracts may be
 2596  reserved for solicitation only among certified rural or urban
 2597  minority business enterprises. This reservation may only be used
 2598  when it is determined, by reasonable and objective means, before
 2599  the solicitation that there are capable, qualified certified
 2600  rural or urban minority business enterprises available to submit
 2601  a bid, proposal, or reply on a contract to provide for effective
 2602  competition. The Office of Supplier Development Diversity shall
 2603  consult with any agency in reaching such determination when
 2604  deemed appropriate.
 2605         (b) Before a contract may be reserved for solicitation only
 2606  among certified rural or urban minority business enterprises,
 2607  the agency head must find that such a reservation is in the best
 2608  interests of the state. All determinations are shall be subject
 2609  to s. 287.09451(5). Once a decision has been made to reserve a
 2610  contract, but before sealed bids, proposals, or replies are
 2611  requested, the agency shall estimate what it expects the amount
 2612  of the contract to be, based on the nature of the services or
 2613  commodities involved and their value under prevailing market
 2614  conditions. If all the sealed bids, proposals, or replies
 2615  received are over this estimate, the agency may reject the bids,
 2616  proposals, or replies and request new ones from certified rural
 2617  or urban minority business enterprises, or the agency may reject
 2618  the bids, proposals, or replies and reopen the bidding to all
 2619  eligible vendors.
 2620         (c) All agencies shall consider the use of price
 2621  preferences of up to 10 percent, weighted preference formulas,
 2622  or other preferences for vendors as determined appropriate
 2623  pursuant to guidelines established in accordance with s.
 2624  287.09451(4) to increase the participation of certified rural or
 2625  urban minority business enterprises.
 2626         (d) All agencies shall avoid any undue concentration of
 2627  contracts or purchases in categories of commodities or
 2628  contractual services in order to meet the certified rural or
 2629  urban minority business enterprise purchasing goals in s.
 2630  287.09451.
 2631         (9) An agency may reserve any contract for competitive
 2632  solicitation only among vendors who agree to use certified rural
 2633  or urban minority business enterprises as subcontractors or
 2634  subvendors. The percentage of funds, in terms of gross contract
 2635  amount and revenues, which must be expended with the certified
 2636  rural or urban minority business enterprise subcontractors and
 2637  subvendors shall be determined by the agency before such
 2638  contracts may be reserved. In order to bid on a contract so
 2639  reserved, the vendor shall identify those certified rural or
 2640  urban minority business enterprises which will be utilized as
 2641  subcontractors or subvendors by sworn statement. At the time of
 2642  performance or project completion, the contractor shall report
 2643  by sworn statement the payments and completion of work for all
 2644  certified rural or urban minority business enterprises used in
 2645  the contract.
 2646         (12) If two equal responses to a solicitation or a request
 2647  for quote are received and one response is from a certified
 2648  rural or urban minority business enterprise, the agency must
 2649  shall enter into a contract with the certified rural or urban
 2650  minority business enterprise.
 2651         Section 77. Section 287.0943, Florida Statutes, is amended
 2652  to read:
 2653         287.0943 Certification of rural or urban minority business
 2654  enterprises.—
 2655         (1) A business certified by any local governmental
 2656  jurisdiction or organization shall be accepted by the Department
 2657  of Management Services, Office of Supplier Development
 2658  Diversity, as a certified rural or urban minority business
 2659  enterprise for purposes of doing business with state government
 2660  when the Office of Supplier Development Diversity determines
 2661  that the state’s rural or urban minority business enterprise
 2662  certification criteria are applied in the local certification
 2663  process.
 2664         (2)(a) The office is hereby directed to convene a “Rural or
 2665  Urban Minority Business Certification Task Force.” The task
 2666  force shall meet as often as necessary, but no less frequently
 2667  than annually.
 2668         (b) The task force shall be regionally balanced and
 2669  comprised of officials representing the department, counties,
 2670  municipalities, school boards, special districts, and other
 2671  political subdivisions of the state who administer programs to
 2672  assist rural or urban minority businesses in procurement or
 2673  development in government-sponsored programs. The following
 2674  organizations may appoint two members each of the task force who
 2675  fit the description above:
 2676         1. The Florida League of Cities, Inc.
 2677         2. The Florida Association of Counties.
 2678         3. The Florida School Boards Association, Inc.
 2679         4. The Association of Special Districts.
 2680         5. The Florida Association of Rural or Urban Minority
 2681  Business Enterprise Officials.
 2682         6. The Florida Association of Government Purchasing
 2683  Officials.
 2684  
 2685  In addition, the Office of Supplier Development Diversity shall
 2686  appoint seven members consisting of three representatives of
 2687  rural or urban minority business enterprises, one of whom should
 2688  be a woman business owner, two officials of the office, and two
 2689  at-large members to ensure balance. A quorum shall consist of
 2690  one-third of the current members, and the task force may take
 2691  action by majority vote. Any vacancy may only be filled by the
 2692  organization or agency originally authorized to appoint the
 2693  position.
 2694         (c) The purpose of the task force will be to propose
 2695  uniform criteria and procedures by which participating entities
 2696  and organizations can qualify businesses to participate in
 2697  procurement or contracting programs as certified rural or urban
 2698  minority business enterprises in accordance with the
 2699  certification criteria established by law.
 2700         (d) A final list of the criteria and procedures proposed by
 2701  the task force shall be considered by the secretary. The task
 2702  force may seek technical assistance from qualified providers of
 2703  technical, business, and managerial expertise to ensure the
 2704  reliability of the certification criteria developed.
 2705         (e) In assessing the status of ownership and control,
 2706  certification criteria shall, at a minimum:
 2707         1. Link ownership by a minority person owning a business
 2708  enterprise in a rural or urban area as defined in s. 288.703, or
 2709  as dictated by the legal obligations of a certifying
 2710  organization, to day-to-day control and financial risk by the
 2711  qualifying minority owner, and to demonstrated expertise or
 2712  licensure of an a minority owner in any trade or profession that
 2713  the rural or urban minority business enterprise will offer to
 2714  the state when certified. Businesses must comply with all state
 2715  licensing requirements before becoming certified as a rural or
 2716  urban minority business enterprise.
 2717         2. If present ownership was obtained by transfer, require
 2718  the minority person on whom eligibility is based to have owned
 2719  at least 51 percent of the applicant firm for a minimum of 2
 2720  years, when any previous majority ownership interest in the firm
 2721  was by a nonminority who is or was a relative, former employer,
 2722  or current employer of the minority person on whom eligibility
 2723  is based. This requirement does not apply to minority persons
 2724  who are otherwise eligible who take a 51-percent-or-greater
 2725  interest in a firm that requires professional licensure to
 2726  operate and who will be the qualifying licenseholder for the
 2727  firm when certified. A transfer made within a related immediate
 2728  family group from a nonminority person to a minority person in
 2729  order to establish ownership by a minority person shall be
 2730  deemed to have been made solely for purposes of satisfying
 2731  certification criteria and shall render such ownership invalid
 2732  for purposes of qualifying for such certification if the
 2733  combined total net asset value of all members of such family
 2734  group exceeds $1 million. For purposes of this subparagraph, the
 2735  term “related immediate family group” means one or more children
 2736  under 16 years of age and a parent of such children or the
 2737  spouse of such parent residing in the same house or living unit.
 2738         3. Require that prospective certified rural or urban
 2739  minority business enterprises be currently performing or seeking
 2740  to perform a useful business function. A “useful business
 2741  function” is defined as a business function which results in the
 2742  provision of materials, supplies, equipment, or services to
 2743  customers. Acting as a conduit to transfer funds to a non-rural
 2744  or a non-urban nonminority business does not constitute a useful
 2745  business function unless it is done so in a normal industry
 2746  practice. As used in this section, the term “acting as a
 2747  conduit” means, in part, not acting as a regular dealer by
 2748  making sales of material, goods, or supplies from items bought,
 2749  kept in stock, and regularly sold to the public in the usual
 2750  course of business. Brokers, manufacturer’s representatives,
 2751  sales representatives, and nonstocking distributors are
 2752  considered as conduits that do not perform a useful business
 2753  function, unless normal industry practice dictates.
 2754         (f) When a business receives payments or awards exceeding
 2755  $100,000 in one fiscal year, a review of its certification
 2756  status or an audit will be conducted within 2 years. In
 2757  addition, random reviews or audits will be conducted as deemed
 2758  appropriate by the Office of Supplier Development Diversity.
 2759         (g) The certification criteria approved by the task force
 2760  and adopted by the Department of Management Services must shall
 2761  be included in a statewide and interlocal agreement as defined
 2762  in s. 287.09431 and, in accordance with s. 163.01, shall be
 2763  executed according to the terms included therein.
 2764         (h) The certification procedures should allow an applicant
 2765  seeking certification to designate on the application form the
 2766  information the applicant considers to be proprietary,
 2767  confidential business information. As used in this paragraph,
 2768  the term “proprietary, confidential business information”
 2769  includes, but is not limited to, any information that would be
 2770  exempt from public inspection pursuant to the provisions of
 2771  chapter 119; trade secrets; internal auditing controls and
 2772  reports; contract costs; or other information the disclosure of
 2773  which would injure the affected party in the marketplace or
 2774  otherwise violate s. 286.041. The executor in receipt of the
 2775  application shall issue written and final notice of any
 2776  information for which noninspection is requested but not
 2777  provided for by law.
 2778         (i) A business that is certified under the provisions of
 2779  the statewide and interlocal agreement is shall be deemed a
 2780  certified rural or urban minority enterprise in all
 2781  jurisdictions or organizations where the agreement is in effect,
 2782  and that business is deemed available to do business as such
 2783  within any such jurisdiction or with any such organization
 2784  statewide. All state agencies must accept rural or urban
 2785  minority business enterprises certified in accordance with the
 2786  statewide and interlocal agreement of s. 287.09431, and that
 2787  business shall also be deemed a “certified rural or urban
 2788  minority business enterprise” as defined in s. 288.703. However,
 2789  any governmental jurisdiction or organization that administers a
 2790  rural or urban minority business purchasing program may reserve
 2791  the right to establish further certification procedures
 2792  necessary to comply with federal law.
 2793         (j) The statewide and interlocal agreement must shall be
 2794  guided by the terms and conditions found therein and may be
 2795  amended at any meeting of the task force and subsequently
 2796  adopted by the secretary of the Department of Management
 2797  Services. The amended agreement must be enacted, initialed, and
 2798  legally executed by at least two-thirds of the certifying
 2799  entities party to the existing agreement and adopted by the
 2800  state as originally executed in order to bind the certifying
 2801  entity.
 2802         (k) The task force shall meet for the first time no later
 2803  than 45 days after the effective date of this act.
 2804         (3)(a) The office shall review and evaluate the
 2805  certification programs and procedures of all prospective
 2806  executors of the statewide and interlocal agreement to determine
 2807  whether if their programs exhibit the capacity to meet the
 2808  standards of the agreement.
 2809         (b) The evaluations shall, at a minimum, consider: the
 2810  certifying entity’s capacity to conduct investigations of
 2811  applicants seeking certification under the designated criteria;
 2812  the ability of the certifying entity to collect the requisite
 2813  data and to establish adequate protocol to store and exchange
 2814  said information among the executors of the agreement and to
 2815  provide adequate security to prevent unauthorized access to
 2816  information gathered during the certification process; and the
 2817  degree to which any legal obligations or supplemental
 2818  requirements unique to the certifying entity exceed the capacity
 2819  of that entity to conduct certifications.
 2820         (c) Any firms certified by organizations or governmental
 2821  entities determined not to meet the state certification criteria
 2822  may shall not be eligible to participate as certified rural or
 2823  urban minority business enterprises in the rural or urban
 2824  minority business assistance programs of the state. For a period
 2825  of 1 year from the effective date of this legislation, the
 2826  executor of the statewide and interlocal agreement may elect to
 2827  accept only rural or urban minority business enterprises
 2828  certified pursuant to criteria in place at the time the
 2829  agreement was signed. After the 1-year period, either party may
 2830  elect to withdraw from the agreement without further notice.
 2831         (d) Any organizations or governmental entities determined
 2832  by the office not to meet the standards of the agreement may
 2833  shall not be eligible to execute the statewide and interlocal
 2834  agreement as a participating organization until approved by the
 2835  office.
 2836         (e) Any participating program receiving three or more
 2837  challenges to its certification decisions pursuant to subsection
 2838  (4) from other organizations that are executors to the statewide
 2839  and interlocal agreement, shall be subject to a review by the
 2840  office, as provided in paragraphs (a) and (b), of the
 2841  organization’s capacity to perform under such agreement and in
 2842  accordance with the core criteria established by the task force.
 2843  The office shall submit a report to the secretary of the
 2844  Department of Management Services regarding the results of the
 2845  review.
 2846         (f) The office shall maintain a directory of all executors
 2847  of the statewide and interlocal agreement. The directory should
 2848  be communicated to the general public.
 2849         (4) A certification may be challenged by any executor to
 2850  the statewide and interlocal agreement upon the grounds of
 2851  failure by the certifying organization to adhere to the adopted
 2852  criteria or to the certifying organization’s rules and
 2853  procedures, or on the grounds of a misrepresentation or fraud by
 2854  the certified rural or urban minority business enterprise. The
 2855  challenge must shall proceed according to procedures specified
 2856  in the agreement.
 2857         (5)(a) The secretary of the Department of Management
 2858  Services shall execute the statewide and interlocal agreement
 2859  established under s. 287.09431 on behalf of the state. The
 2860  office shall certify rural or urban minority business
 2861  enterprises in accordance with the laws of this state and, by
 2862  affidavit, shall recertify such rural or urban minority business
 2863  enterprises not less than once each year.
 2864         (b) The office shall contract with parties to the statewide
 2865  and interlocal agreement to perform onsite visits associated
 2866  with state certifications.
 2867         (6)(a) The office shall maintain up-to-date records of all
 2868  certified rural or urban minority business enterprises, as
 2869  defined in s. 288.703, and of applications for certification
 2870  that were denied and shall make this list available to all
 2871  agencies. The office shall, for statistical purposes, collect
 2872  and track subgroupings of gender and nationality status for each
 2873  certified rural or urban minority business enterprise. Agency
 2874  spending shall also be tracked for these subgroups. The records
 2875  may include information about certified rural or urban minority
 2876  business enterprises that provide legal services, auditing
 2877  services, and health services. Agencies shall use this list in
 2878  efforts to meet the certified rural or urban minority business
 2879  enterprise procurement goals set forth in s. 287.09451.
 2880         (b) The office shall establish and administer a
 2881  computerized data bank to carry out the requirements of
 2882  paragraph (a), to be available to all executors of the statewide
 2883  and interlocal agreement. Data maintained in the data bank must
 2884  shall be sufficient to allow each executor to reasonably monitor
 2885  certifications it has issued.
 2886         (7) The office shall identify rural or urban minority
 2887  business enterprises eligible for certification in all areas of
 2888  state services and commodities purchasing. The office may
 2889  contract with a private firm or other agency, if necessary, in
 2890  seeking to identify rural or urban minority business enterprises
 2891  for certification. Agencies may request the office to identify
 2892  certifiable rural or urban minority business enterprises that
 2893  are in the business of providing a given service or commodity;
 2894  the office shall respond to such requests and seek out such
 2895  certifiable rural or urban minority business enterprises.
 2896         (8) The office shall adopt rules necessary to implement
 2897  this section.
 2898         (9) State agencies shall comply with this act except to the
 2899  extent that the requirements of this act are in conflict with
 2900  federal law.
 2901         (10) Any transfer of ownership or permanent change in the
 2902  management and daily operations of a certified rural or urban
 2903  minority business enterprise which may affect certification must
 2904  be reported to the original certifying jurisdiction or entity
 2905  and to the office within 14 days of the transfer or change
 2906  taking place. In the event of a transfer of ownership, the
 2907  transferee seeking to do business with the state as a certified
 2908  rural or urban minority business enterprise is responsible for
 2909  such reporting. In the event of a permanent change in the
 2910  management and daily operations, owners seeking to do business
 2911  with the state as a certified rural or urban minority business
 2912  enterprise are responsible for reporting such change to the
 2913  office. A Any person violating the provisions of this subsection
 2914  commits shall be guilty of a misdemeanor of the first degree,
 2915  punishable as provided in s. 775.082 or s. 775.083.
 2916         (11) To deter fraud in the program, the Auditor General may
 2917  review the criteria by which a business became certified as a
 2918  certified rural or urban minority business enterprise.
 2919         (12) Any executor of the statewide and interlocal agreement
 2920  may revoke the certification or recertification of a firm doing
 2921  business as a certified rural or urban minority business
 2922  enterprise if the rural or urban minority business enterprise
 2923  does not meet the requirements of the jurisdiction or certifying
 2924  entity that certified or recertified the firm as a certified
 2925  rural or urban minority business enterprise, or the requirements
 2926  of subsection (2), s. 288.703(2), and any rule of the office or
 2927  the Department of Management Services or if the business
 2928  acquired certification or recertification by means of falsely
 2929  representing any entity as a rural or urban minority business
 2930  enterprise for purposes of qualifying for certification or
 2931  recertification.
 2932         (13) Unless permanently revoked, a certified rural or urban
 2933  minority business enterprise for which certification or
 2934  recertification has been revoked may not apply or reapply for
 2935  certification or recertification for a minimum of 36 months
 2936  after the date of the notice of revocation.
 2937         (14)(a) Except for certification decisions issued by the
 2938  Office of Supplier Development Diversity, an executor to the
 2939  statewide and interlocal agreement shall, in accordance with its
 2940  rules and procedures:
 2941         1. Give reasonable notice to affected persons or parties of
 2942  its decision to deny certification based on failure to meet
 2943  eligibility requirements of the statewide and interlocal
 2944  agreement of s. 287.09431, together with a summary of the
 2945  grounds therefor.
 2946         2. Give affected persons or parties an opportunity, at a
 2947  convenient time and place, to present to the agency written or
 2948  oral evidence in opposition to the action or of the executor’s
 2949  refusal to act.
 2950         3. Give a written explanation of any subsequent decision of
 2951  the executor overruling the objections.
 2952         (b) An applicant that is denied rural or urban minority
 2953  business enterprise certification based on failure to meet
 2954  eligibility requirements of the statewide and interlocal
 2955  agreement pursuant to s. 287.09431 may not reapply for
 2956  certification or recertification until at least 6 months after
 2957  the date of the notice of the denial of certification or
 2958  recertification.
 2959         (15) The office shall adopt rules in compliance with this
 2960  part.
 2961         Section 78. Section 287.09431, Florida Statutes, is amended
 2962  to read:
 2963         287.09431 Statewide and interlocal agreement on
 2964  certification of business concerns for the status of rural or
 2965  urban minority business enterprise.—The statewide and interlocal
 2966  agreement on certification of business concerns for the status
 2967  of rural or urban minority business enterprise is hereby enacted
 2968  and entered into with all jurisdictions or organizations legally
 2969  joining therein. If, within 2 years from the date that the
 2970  certification core criteria are approved by the Department of
 2971  Management Services, the agreement included herein is not
 2972  executed by a majority of county and municipal governing bodies
 2973  that administer a rural or urban minority business assistance
 2974  program on the effective date of this act, then the Legislature
 2975  shall review this agreement. It is the intent of the Legislature
 2976  that if the agreement is not executed by a majority of the
 2977  requisite governing bodies, then a statewide uniform
 2978  certification process should be adopted, and that such said
 2979  agreement should be repealed and replaced by a mandatory state
 2980  government certification process.
 2981  
 2982                              ARTICLE I                            
 2983  
 2984         PURPOSE, FINDINGS, AND POLICY.—
 2985         (1) The parties to this agreement, desiring by common
 2986  action to establish a uniform certification process in order to
 2987  reduce the multiplicity of applications by business concerns to
 2988  state and local governmental programs for rural or urban
 2989  minority business assistance, declare that it is the policy of
 2990  each of them, on the basis of cooperation with one another, to
 2991  remedy social and economic disadvantage suffered by certain
 2992  groups, resulting in their being historically underutilized in
 2993  ownership and control of commercial enterprises. Thus, the
 2994  parties seek to address this history by increasing the
 2995  participation of the identified groups in opportunities afforded
 2996  by government procurement.
 2997         (2) The parties find that the State of Florida presently
 2998  certifies firms for participation in the rural or urban minority
 2999  business assistance programs of the state. The parties find
 3000  further that some counties, municipalities, school boards,
 3001  special districts, and other divisions of local government
 3002  require a separate, yet similar, and in most cases redundant
 3003  certification in order for businesses to participate in the
 3004  programs sponsored by each government entity.
 3005         (3) The parties find further that this redundant
 3006  certification has proven to be unduly burdensome to the
 3007  minority-owned firms located in rural or urban areas as defined
 3008  in s. 288.703 which are intended to benefit from the underlying
 3009  purchasing incentives.
 3010         (4) The parties agree that:
 3011         (a) They will facilitate integrity, stability, and
 3012  cooperation in the statewide and interlocal certification
 3013  process, and in other elements of programs established to assist
 3014  minority-owned businesses located in rural or urban areas.
 3015         (b) They shall cooperate with agencies, organizations, and
 3016  associations interested in certification and other elements of
 3017  rural or urban minority business assistance.
 3018         (c) It is the purpose of this agreement to provide for a
 3019  uniform process whereby the status of a business concern may be
 3020  determined in a singular review of the business information for
 3021  these purposes, in order to eliminate any undue expense, delay,
 3022  or confusion to the minority-owned businesses located in rural
 3023  or urban areas in seeking to participate in the rural or urban
 3024  minority business assistance programs of state and local
 3025  jurisdictions.
 3026  
 3027                             ARTICLE II                            
 3028  
 3029         DEFINITIONS.—As used in this agreement and contracts made
 3030  pursuant to it, unless the context clearly requires otherwise:
 3031         (1) “Awarding organization” means any political subdivision
 3032  or organization authorized by law, ordinance, or agreement to
 3033  enter into contracts and for which the governing body has
 3034  entered into this agreement.
 3035         (2) “Department” means the Department of Management
 3036  Services.
 3037         (3) “Minority” means a person who is a lawful, permanent
 3038  resident of the state, having origins in one of the minority
 3039  groups as described and adopted by the Department of Management
 3040  Services, hereby incorporated by reference.
 3041         (4) “Rural or urban minority business enterprise” means any
 3042  small business concern as defined in subsection (5) (6) that
 3043  meets all of the criteria described and adopted by the
 3044  Department of Management Services, hereby incorporated by
 3045  reference.
 3046         (3)(5) “Participating state or local organization” means
 3047  any political subdivision of the state or organization
 3048  designated by such that elects to participate in the
 3049  certification process pursuant to this agreement, which has been
 3050  approved according to s. 287.0943(3) and has legally entered
 3051  into this agreement.
 3052         (5)(6) “Small business concern” means an independently
 3053  owned and operated business concern which is of a size and type
 3054  as described and adopted by vote related to this agreement of
 3055  the commission, hereby incorporated by reference.
 3056  
 3057                             ARTICLE III                           
 3058  
 3059         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
 3060         (1) All awarding organizations shall accept a certification
 3061  granted by any participating organization which has been
 3062  approved according to s. 287.0943(3) and has entered into this
 3063  agreement, as valid status of rural or urban minority business
 3064  enterprise.
 3065         (2) A participating organization shall certify a business
 3066  concern that meets the definition of a rural or urban minority
 3067  business enterprise in this agreement, in accordance with the
 3068  duly adopted eligibility criteria.
 3069         (3) All participating organizations shall issue notice of
 3070  certification decisions granting or denying certification to all
 3071  other participating organizations within 14 days of the
 3072  decision. Such notice may be made through electronic media.
 3073         (4) A No certification may not will be granted without an
 3074  onsite visit to verify ownership and control of the prospective
 3075  rural or urban minority business enterprise, unless verification
 3076  can be accomplished by other methods of adequate verification or
 3077  assessment of ownership and control.
 3078         (5) The certification of a rural or urban minority business
 3079  enterprise pursuant to the terms of this agreement may shall not
 3080  be suspended, revoked, or otherwise impaired except on any
 3081  grounds which would be sufficient for revocation or suspension
 3082  of a certification in the jurisdiction of the participating
 3083  organization.
 3084         (6) The certification determination of a party may be
 3085  challenged by any other participating organization by the
 3086  issuance of a timely written notice by the challenging
 3087  organization to the certifying organization’s determination
 3088  within 10 days of receiving notice of the certification
 3089  decision, stating the grounds for such challenge therefor.
 3090         (7) The sole accepted grounds for challenge are shall be
 3091  the failure of the certifying organization to adhere to the
 3092  adopted criteria or the certifying organization’s rules or
 3093  procedures, or the perpetuation of a misrepresentation or fraud
 3094  by the firm.
 3095         (8) The certifying organization shall reexamine its
 3096  certification determination and submit written notice to the
 3097  applicant and the challenging organization of its findings
 3098  within 30 days after the receipt of the notice of challenge.
 3099         (9) If the certification determination is affirmed, the
 3100  challenging agency may subsequently submit timely written notice
 3101  to the firm of its intent to revoke certification of the firm.
 3102  
 3103                             ARTICLE IV                            
 3104  
 3105         APPROVED AND ACCEPTED PROGRAMS.—Nothing in This agreement
 3106  may not shall be construed to repeal or otherwise modify any
 3107  ordinance, law, or regulation of a party relating to the
 3108  existing rural or urban minority business assistance provisions
 3109  and procedures by which rural or urban minority business
 3110  enterprises participate therein.
 3111  
 3112                              ARTICLE V                            
 3113  
 3114         TERM.—The term of the agreement is shall be 5 years, after
 3115  which it may be reexecuted by the parties.
 3116  
 3117                             ARTICLE VI                            
 3118  
 3119         AGREEMENT EVALUATION.—The designated state and local
 3120  officials may meet from time to time as a group to evaluate
 3121  progress under the agreement, to formulate recommendations for
 3122  changes, or to propose a new agreement.
 3123  
 3124                             ARTICLE VII                           
 3125  
 3126         OTHER ARRANGEMENTS.—Nothing in This agreement may not shall
 3127  be construed to prevent or inhibit other arrangements or
 3128  practices of any party in order to comply with federal law.
 3129  
 3130                            ARTICLE VIII                           
 3131  
 3132         EFFECT AND WITHDRAWAL.—
 3133         (1) This agreement becomes shall become effective when
 3134  properly executed by a legal representative of the participating
 3135  organization, when enacted into the law of the state and after
 3136  an ordinance or other legislation is enacted into law by the
 3137  governing body of each participating organization. Thereafter it
 3138  becomes shall become effective as to any participating
 3139  organization upon the enactment of this agreement by the
 3140  governing body of that organization.
 3141         (2) Any party may withdraw from this agreement by enacting
 3142  legislation repealing the same, but no such withdrawal may not
 3143  shall take effect until one year after the governing body of the
 3144  withdrawing party has given notice in writing of the withdrawal
 3145  to the other parties.
 3146         (3) A No withdrawal may not shall relieve the withdrawing
 3147  party of any obligations imposed upon it by law.
 3148  
 3149                             ARTICLE IX                            
 3150  
 3151         FINANCIAL RESPONSIBILITY.—
 3152         (1) A participating organization is shall not be
 3153  financially responsible or liable for the obligations of any
 3154  other participating organization related to this agreement.
 3155         (2) The provisions of This agreement does not shall
 3156  constitute neither a waiver of any governmental immunity under
 3157  Florida law or nor a waiver of any defenses of the parties under
 3158  Florida law. The provisions of This agreement is are solely for
 3159  the benefit of its executors and is not intended to create or
 3160  grant any rights, contractual or otherwise, to any person or
 3161  entity.
 3162  
 3163                              ARTICLE X                            
 3164  
 3165         VENUE AND GOVERNING LAW.—The obligations of the parties to
 3166  this agreement are performable only within the county where the
 3167  participating organization is located, and statewide for the
 3168  Office of Supplier Development Diversity, and venue for any
 3169  legal action in connection with this agreement is shall lie, for
 3170  any participating organization except the Office of Supplier
 3171  Development Diversity, exclusively in the county where the
 3172  participating organization is located. This agreement is shall
 3173  be governed by and construed in accordance with the laws and
 3174  court decisions of this the state.
 3175  
 3176                             ARTICLE XI                            
 3177  
 3178         CONSTRUCTION AND SEVERABILITY.—This agreement must shall be
 3179  liberally construed so as to effectuate the purposes thereof.
 3180  The provisions of This agreement is shall be severable and if
 3181  any phrase, clause, sentence, or provision of this agreement is
 3182  declared to be contrary to the State Constitution or the United
 3183  States Constitution, or the application thereof to any
 3184  government, agency, person, or circumstance is held invalid, the
 3185  validity of the remainder of this agreement and the
 3186  applicability thereof to any government, agency, person, or
 3187  circumstance is shall not be affected thereby. If this agreement
 3188  is shall be held contrary to the State Constitution, the
 3189  agreement remains shall remain in full force and effect as to
 3190  all severable matters.
 3191         Section 79. Paragraph (b) of subsection (2) of section
 3192  288.0001, Florida Statutes, is amended to read:
 3193         288.0001 Economic Development Programs Evaluation.—The
 3194  Office of Economic and Demographic Research and the Office of
 3195  Program Policy Analysis and Government Accountability (OPPAGA)
 3196  shall develop and present to the Governor, the President of the
 3197  Senate, the Speaker of the House of Representatives, and the
 3198  chairs of the legislative appropriations committees the Economic
 3199  Development Programs Evaluation.
 3200         (2) The Office of Economic and Demographic Research and
 3201  OPPAGA shall provide a detailed analysis of economic development
 3202  programs as provided in the following schedule:
 3203         (b) By January 1, 2015, and every 3 years thereafter, an
 3204  analysis of:
 3205         1. The entertainment industry sales tax exemption program
 3206  established under s. 288.1258.
 3207         2. VISIT Florida and its programs established or funded
 3208  under ss. 288.122-288.12265 and 288.124.
 3209         3. The Florida Sports Foundation and related programs,
 3210  including those established under ss. 288.1162, 288.11621,
 3211  288.1166, and 288.1167.
 3212         Section 80. Section 288.7031, Florida Statutes, is amended
 3213  to read:
 3214         288.7031 Application of certain definitions.—The
 3215  definitions of “small business,andcertified rural or urban
 3216  minority business enterprise,and “certified minority business
 3217  enterprise” provided in s. 288.703 apply to the state and all
 3218  political subdivisions of the state.
 3219         Section 81. Paragraph (f) of subsection (2), paragraph (c)
 3220  of subsection (4), and subsections (7) and (8), and (9) of
 3221  section 288.975, Florida Statutes, are amended to read:
 3222         288.975 Military base reuse plans.—
 3223         (2) As used in this section, the term:
 3224         (f) “Regional policy plan” means a strategic regional
 3225  policy plan that has been adopted by rule by a regional planning
 3226  council pursuant to s. 186.508.
 3227         (4)
 3228         (c) Military base reuse plans shall identify projected
 3229  impacts to significant regional resources and natural resources
 3230  of regional significance as identified by applicable regional
 3231  planning councils in their regional policy plans and the actions
 3232  that shall be taken to mitigate such impacts.
 3233         (7) A military base reuse plan must shall be consistent
 3234  with the comprehensive plan of the host local government and may
 3235  shall not conflict with the comprehensive plan of any affected
 3236  local governments. A military base reuse plan must shall be
 3237  consistent with the nonprocedural requirements of part II of
 3238  chapter 163 and rules adopted thereunder, applicable regional
 3239  policy plans, and the state comprehensive plan.
 3240         (8) At the request of a host local government, the
 3241  department shall coordinate a presubmission workshop concerning
 3242  a military base reuse plan within the boundaries of the host
 3243  jurisdiction. Agencies that must shall participate in the
 3244  workshop shall include any affected local governments; the
 3245  Department of Environmental Protection; the department; the
 3246  Department of Transportation; the Department of Health; the
 3247  Department of Children and Families; the Department of Juvenile
 3248  Justice; the Department of Agriculture and Consumer Services;
 3249  the Department of State; the Fish and Wildlife Conservation
 3250  Commission; and any applicable water management districts and
 3251  regional planning councils. The purposes of the workshop are
 3252  shall be to assist the host local government to understand
 3253  issues of concern to the above listed entities pertaining to the
 3254  military base site and to identify opportunities for better
 3255  coordination of planning and review efforts with the information
 3256  and analyses generated by the federal environmental impact
 3257  statement process and the federal community base reuse planning
 3258  process.
 3259         (9) If a host local government elects to use the optional
 3260  provisions of this act, it must shall, no later than 12 months
 3261  after notifying the agencies of its intent pursuant to
 3262  subsection (3) either:
 3263         (a) Send a copy of the proposed military base reuse plan
 3264  for review to any affected local governments; the Department of
 3265  Environmental Protection; the department; the Department of
 3266  Transportation; the Department of Health; the Department of
 3267  Children and Families; the Department of Juvenile Justice; the
 3268  Department of Agriculture and Consumer Services; the Department
 3269  of State; the Fish and Wildlife Conservation Commission; and any
 3270  applicable water management districts and regional planning
 3271  councils, or
 3272         (b) Petition the department for an extension of the
 3273  deadline for submitting a proposed reuse plan. Such an extension
 3274  request must be justified by changes or delays in the closure
 3275  process by the federal Department of Defense or for reasons
 3276  otherwise deemed to promote the orderly and beneficial planning
 3277  of the subject military base reuse. The department may grant
 3278  extensions to the required submission date of the reuse plan.
 3279         Section 82. Subsection (4) of section 290.004, Florida
 3280  Statutes, is amended to read:
 3281         290.004 Definitions relating to Florida Enterprise Zone
 3282  Act.—As used in ss. 290.001-290.016:
 3283         (4) “Certified rural or urban Minority business enterprise”
 3284  has the same meaning as provided in s. 288.703.
 3285         Section 83. Paragraph (b) of subsection (26) of section
 3286  320.08058, Florida Statutes, is amended to read:
 3287         320.08058 Specialty license plates.—
 3288         (26) TAMPA BAY ESTUARY LICENSE PLATES.—
 3289         (b) The annual use fees shall be distributed to the Tampa
 3290  Bay Estuary Program created by s. 163.01.
 3291         1. A maximum of 5 percent of such fees may be used for
 3292  marketing the plate.
 3293         2. Twenty percent of the proceeds from the annual use fee,
 3294  not to exceed $50,000, shall be provided to the Tampa Bay
 3295  Regional Planning Council for activities of the Agency on Bay
 3296  Management implementing the Council/Agency Action Plan for the
 3297  restoration of the Tampa Bay estuary, as approved by the Tampa
 3298  Bay Estuary Program Policy Board.
 3299         2.3. The remaining proceeds must be used to implement the
 3300  Comprehensive Conservation and Management Plan for Tampa Bay,
 3301  pursuant to priorities approved by the Tampa Bay Estuary Program
 3302  Policy Board.
 3303         Section 84. Paragraph (b) of subsection (3) of section
 3304  335.188, Florida Statutes, is amended to read:
 3305         335.188 Access management standards; access control
 3306  classification system; criteria.—
 3307         (3) The control classification system shall be developed
 3308  consistent with the following:
 3309         (b) The access control classification system shall be
 3310  developed in cooperation with counties, municipalities, the
 3311  state land planning agency, regional planning councils,
 3312  metropolitan planning organizations, and other local
 3313  governmental entities.
 3314         Section 85. Paragraph (b) of subsection (4) of section
 3315  339.155, Florida Statutes, is amended to read:
 3316         339.155 Transportation planning.—
 3317         (4) ADDITIONAL TRANSPORTATION PLANS.—
 3318         (b) Each regional planning council, as provided for in s.
 3319  186.504, or any successor agency thereto, shall develop, as an
 3320  element of its strategic regional policy plan, transportation
 3321  goals and policies. The transportation goals and policies must
 3322  be prioritized to comply with the prevailing principles provided
 3323  in subsection (1) and s. 334.046(1). The transportation goals
 3324  and policies shall be consistent, to the maximum extent
 3325  feasible, with the goals and policies of the metropolitan
 3326  planning organization and the Florida Transportation Plan. The
 3327  transportation goals and policies of the regional planning
 3328  council will be advisory only and shall be submitted to the
 3329  department and any affected metropolitan planning organization
 3330  for their consideration and comments. Metropolitan planning
 3331  organization plans and other local transportation plans shall be
 3332  developed consistent, to the maximum extent feasible, with the
 3333  regional transportation goals and policies.
 3334         Section 86. Paragraph (g) of subsection (6) of section
 3335  339.175, Florida Statutes, is amended to read:
 3336         339.175 Metropolitan planning organization.—
 3337         (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
 3338  privileges, and authority of an M.P.O. are those specified in
 3339  this section or incorporated in an interlocal agreement
 3340  authorized under s. 163.01. Each M.P.O. shall perform all acts
 3341  required by federal or state laws or rules, now and subsequently
 3342  applicable, which are necessary to qualify for federal aid. It
 3343  is the intent of this section that each M.P.O. be involved in
 3344  the planning and programming of transportation facilities,
 3345  including, but not limited to, airports, intercity and high
 3346  speed rail lines, seaports, and intermodal facilities, to the
 3347  extent permitted by state or federal law. An M.P.O. may not
 3348  perform project production or delivery for capital improvement
 3349  projects on the State Highway System.
 3350         (g) Each M.P.O. shall have an executive or staff director
 3351  who reports directly to the M.P.O. governing board for all
 3352  matters regarding the administration and operation of the M.P.O.
 3353  and any additional personnel as deemed necessary. The executive
 3354  director and any additional personnel may be employed either by
 3355  an M.P.O. or by another governmental entity, such as a county
 3356  or, city, or regional planning council, that has a staff
 3357  services agreement signed and in effect with the M.P.O. Each
 3358  M.P.O. may enter into contracts with local or state agencies,
 3359  private planning firms, private engineering firms, or other
 3360  public or private entities to accomplish its transportation
 3361  planning and programming duties and administrative functions.
 3362         Section 87. Subsection (6) of section 339.285, Florida
 3363  Statutes, is amended to read:
 3364         339.285 Enhanced Bridge Program for Sustainable
 3365  Transportation.—
 3366         (6) Preference shall be given to bridge projects located on
 3367  corridors that connect to the Strategic Intermodal System,
 3368  created under s. 339.64, and that have been identified as
 3369  regionally significant in accordance with s. 339.155(4)(b), (c),
 3370  and (d) s. 339.155(4)(c), (d), and (e).
 3371         Section 88. Subsections (3) and (4) of section 339.63,
 3372  Florida Statutes, are amended to read:
 3373         339.63 System facilities designated; additions and
 3374  deletions.—
 3375         (3) After the initial designation of the Strategic
 3376  Intermodal System under subsection (1), the department shall, in
 3377  coordination with the metropolitan planning organizations, local
 3378  governments, regional planning councils, transportation
 3379  providers, and affected public agencies, add facilities to or
 3380  delete facilities from the Strategic Intermodal System described
 3381  in paragraphs (2)(b) and (c) based upon criteria adopted by the
 3382  department.
 3383         (4) After the initial designation of the Strategic
 3384  Intermodal System under subsection (1), the department shall, in
 3385  coordination with the metropolitan planning organizations, local
 3386  governments, regional planning councils, transportation
 3387  providers, and affected public agencies, add facilities to or
 3388  delete facilities from the Strategic Intermodal System described
 3389  in paragraph (2)(a) based upon criteria adopted by the
 3390  department. However, an airport that is designated as a reliever
 3391  airport to a Strategic Intermodal System airport which has at
 3392  least 75,000 itinerant operations per year, has a runway length
 3393  of at least 5,500 linear feet, is capable of handling aircraft
 3394  weighing at least 60,000 pounds with a dual wheel configuration
 3395  which is served by at least one precision instrument approach,
 3396  and serves a cluster of aviation-dependent industries, shall be
 3397  designated as part of the Strategic Intermodal System by the
 3398  Secretary of Transportation upon the request of a reliever
 3399  airport meeting this criteria.
 3400         Section 89. Subsection (1) and paragraph (a) of subsection
 3401  (3) of section 339.64, Florida Statutes, are amended to read:
 3402         339.64 Strategic Intermodal System Plan.—
 3403         (1) The department shall develop, in cooperation with
 3404  metropolitan planning organizations, regional planning councils,
 3405  local governments, and other transportation providers, a
 3406  Strategic Intermodal System Plan. The plan shall be consistent
 3407  with the Florida Transportation Plan developed pursuant to s.
 3408  339.155 and shall be updated at least once every 5 years,
 3409  subsequent to updates of the Florida Transportation Plan.
 3410         (3)(a) During the development of updates to the Strategic
 3411  Intermodal System Plan, the department shall provide
 3412  metropolitan planning organizations, regional planning councils,
 3413  local governments, transportation providers, affected public
 3414  agencies, and citizens with an opportunity to participate in and
 3415  comment on the development of the update.
 3416         Section 90. Subsection (1) of section 341.041, Florida
 3417  Statutes, is amended to read:
 3418         341.041 Transit responsibilities of the department.—The
 3419  department shall, within the resources provided pursuant to
 3420  chapter 216:
 3421         (1) Develop a statewide plan that provides for public
 3422  transit and intercity bus service needs at least 5 years in
 3423  advance. The plan shall be developed in a manner that will
 3424  assure maximum use of existing facilities, and optimum
 3425  integration and coordination of the various modes of
 3426  transportation, including both governmentally owned and
 3427  privately owned resources, in the most cost-effective manner
 3428  possible. The plan shall also incorporate plans adopted by local
 3429  and regional planning agencies which are consistent, to the
 3430  maximum extent feasible, with adopted strategic policy plans and
 3431  approved local government comprehensive plans for the region and
 3432  units of local government covered by the plan and shall, insofar
 3433  as practical, conform to federal planning requirements. The plan
 3434  shall be consistent with the goals of the Florida Transportation
 3435  Plan developed pursuant to s. 339.155.
 3436         Section 91. Paragraph (m) of subsection (3) of section
 3437  343.54, Florida Statutes, is amended to read:
 3438         343.54 Powers and duties.—
 3439         (3) The authority may exercise all powers necessary,
 3440  appurtenant, convenient, or incidental to the carrying out of
 3441  the aforesaid purposes, including, but not limited to, the
 3442  following rights and powers:
 3443         (m) To cooperate with other governmental entities and to
 3444  contract with other governmental agencies, including the
 3445  Department of Transportation, the Federal Government, regional
 3446  planning councils, counties, and municipalities.
 3447         Section 92. Paragraphs (c) and (d) of subsection (1) of
 3448  section 366.93, Florida Statutes, are amended to read:
 3449         366.93 Cost recovery for the siting, design, licensing, and
 3450  construction of nuclear and integrated gasification combined
 3451  cycle power plants.—
 3452         (1) As used in this section, the term:
 3453         (c) “Integrated gasification combined cycle power plant” or
 3454  “plant” means an electrical power plant as defined in s. 403.503
 3455  s. 403.503(14) which uses synthesis gas produced by integrated
 3456  gasification technology.
 3457         (d) “Nuclear power plant” or “plant” means an electrical
 3458  power plant as defined in s. 403.503 s. 403.503(14) which uses
 3459  nuclear materials for fuel.
 3460         Section 93. Subsection (1) of section 369.303, Florida
 3461  Statutes, is amended to read:
 3462         369.303 Definitions.—As used in this part:
 3463         (1) “Council” means the East Central Florida Regional
 3464  Planning Council.
 3465         Section 94. Subsection (3) of section 369.307, Florida
 3466  Statutes, is amended to read:
 3467         369.307 Developments of regional impact in the Wekiva River
 3468  Protection Area; land acquisition.—
 3469         (3) The Wekiva River Protection Area is hereby declared to
 3470  be a natural resource of state and regional importance. The St.
 3471  Johns River Water Management District East Central Florida
 3472  Regional Planning Council shall adopt policies that as part of
 3473  its strategic regional policy plan and regional issues list
 3474  which will protect the water quantity, water quality, hydrology,
 3475  wetlands, aquatic and wetland-dependent wildlife species,
 3476  habitat of all species designated pursuant to rules 39-27.003,
 3477  39-27.004, and 39-27.005, Florida Administrative Code, and
 3478  native vegetation in the Wekiva River Protection Area. The water
 3479  management district council shall also cooperate with the
 3480  department in the department’s implementation of the provisions
 3481  of s. 369.305.
 3482         Section 95. Paragraph (e) of subsection (1) of section
 3483  373.309, Florida Statutes, is amended to read:
 3484         373.309 Authority to adopt rules and procedures.—
 3485         (1) The department shall adopt, and may from time to time
 3486  amend, rules governing the location, construction, repair, and
 3487  abandonment of water wells and shall be responsible for the
 3488  administration of this part. With respect thereto, the
 3489  department shall:
 3490         (e) Encourage prevention of potable water well
 3491  contamination and promote cost-effective remediation of
 3492  contaminated potable water supplies by use of the Water Quality
 3493  Assurance Trust Fund as provided in s. 376.307(1)(e) and
 3494  establish by rule:
 3495         1. Delineation of areas of groundwater contamination for
 3496  implementation of well location and construction, testing,
 3497  permitting, and clearance requirements as set forth in
 3498  subparagraphs 2.-6. 2. , 3., 4., 5., and 6. The department shall
 3499  make available to water management districts, regional planning
 3500  councils, the Department of Health, and county building and
 3501  zoning departments, maps or other information on areas of
 3502  contamination, including areas of ethylene dibromide
 3503  contamination. Such maps or other information shall be made
 3504  available to property owners, realtors, real estate
 3505  associations, property appraisers, and other interested persons
 3506  upon request and upon payment of appropriate costs.
 3507         2. Requirements for testing for suspected contamination in
 3508  areas of known contamination, as a prerequisite for clearance of
 3509  a water well for drinking purposes. The department is authorized
 3510  to establish criteria for acceptance of water quality testing
 3511  results from the Department of Health and laboratories certified
 3512  by the Department of Health, and is authorized to establish
 3513  requirements for sample collection quality assurance.
 3514         3. Requirements for mandatory connection to available
 3515  potable water systems in areas of known contamination, wherein
 3516  the department may prohibit the permitting and construction of
 3517  new potable water wells.
 3518         4. Location and construction standards for public and all
 3519  other potable water wells permitted in areas of contamination.
 3520  Such standards shall be designed to minimize the effects of such
 3521  contamination.
 3522         5. A procedure for permitting all potable water wells in
 3523  areas of known contamination. Any new water well that is to be
 3524  used for drinking water purposes and that does not meet
 3525  construction standards pursuant to subparagraph 4. must be
 3526  abandoned and plugged by the owner. Water management districts
 3527  shall implement, through delegation from the department, the
 3528  permitting and enforcement responsibilities of this
 3529  subparagraph.
 3530         6. A procedure for clearing for use all potable water
 3531  wells, except wells that serve a public water supply system, in
 3532  areas of known contamination. If contaminants are found upon
 3533  testing pursuant to subparagraph 2., a well may not be cleared
 3534  for use without a filter or other means of preventing the users
 3535  of the well from being exposed to deleterious amounts of
 3536  contaminants. The Department of Health shall implement the
 3537  responsibilities of this subparagraph.
 3538         7. Fees to be paid for well construction permits and
 3539  clearance for use. The fees shall be based on the actual costs
 3540  incurred by the water management districts, the Department of
 3541  Health, or other political subdivisions in carrying out the
 3542  responsibilities related to potable water well permitting and
 3543  clearance for use. The fees shall provide revenue to cover all
 3544  such costs and shall be set according to the following schedule:
 3545         a. The well construction permit fee may not exceed $500.
 3546         b. The clearance fee may not exceed $50.
 3547         8. Procedures for implementing well-location, construction,
 3548  testing, permitting, and clearance requirements as set forth in
 3549  subparagraphs 2.-6. within areas that research or monitoring
 3550  data indicate are vulnerable to contamination with nitrate, or
 3551  areas in which the department provides a subsidy for restoration
 3552  or replacement of contaminated drinking water supplies through
 3553  extending existing water lines or developing new water supply
 3554  systems pursuant to s. 376.307(1)(e). The department shall
 3555  consult with the Florida Ground Water Association in the process
 3556  of developing rules pursuant to this subparagraph.
 3557  
 3558  All fees and funds collected by each delegated entity pursuant
 3559  to this part shall be deposited in the appropriate operating
 3560  account of that entity.
 3561         Section 96. Subsections (1) and (2) of section 373.415,
 3562  Florida Statutes, are amended to read:
 3563         373.415 Protection zones; duties of the St. Johns River
 3564  Water Management District.—
 3565         (1) Not later than November 1, 1988, the St. Johns River
 3566  Water Management District shall adopt rules establishing
 3567  protection zones adjacent to the watercourses in the Wekiva
 3568  River System, as designated in s. 369.303 s. 369.303(10). Such
 3569  protection zones shall be sufficiently wide to prevent harm to
 3570  the Wekiva River System, including water quality, water
 3571  quantity, hydrology, wetlands, and aquatic and wetland-dependent
 3572  wildlife species, caused by any of the activities regulated
 3573  under this part. Factors on which the widths of the protection
 3574  zones shall be based shall include, but not be limited to:
 3575         (a) The biological significance of the wetlands and uplands
 3576  adjacent to the designated watercourses in the Wekiva River
 3577  System, including the nesting, feeding, breeding, and resting
 3578  needs of aquatic species and wetland-dependent wildlife species.
 3579         (b) The sensitivity of these species to disturbance,
 3580  including the short-term and long-term adaptability to
 3581  disturbance of the more sensitive species, both migratory and
 3582  resident.
 3583         (c) The susceptibility of these lands to erosion, including
 3584  the slope, soils, runoff characteristics, and vegetative cover.
 3585  
 3586  In addition, the rules may establish permitting thresholds,
 3587  permitting exemptions, or general permits, if such thresholds,
 3588  exemptions, or general permits do not allow significant adverse
 3589  impacts to the Wekiva River System to occur individually or
 3590  cumulatively.
 3591         (2) Notwithstanding the provisions of s. 120.60, the St.
 3592  Johns River Water Management District may shall not issue any
 3593  permit under this part within the Wekiva River Protection Area,
 3594  as defined in s. 369.303 s. 369.303(9), until the appropriate
 3595  local government has provided written notification to the
 3596  district that the proposed activity is consistent with the local
 3597  comprehensive plan and is in compliance with any land
 3598  development regulation in effect in the area where the
 3599  development will take place. The district may, however, inform
 3600  any property owner who makes a request for such information as
 3601  to the location of the protection zone or zones on his or her
 3602  property. However, if a development proposal is amended as the
 3603  result of the review by the district, a permit may be issued
 3604  before prior to the development proposal being returned, if
 3605  necessary, to the local government for additional review.
 3606         Section 97. Paragraph (a) of subsection (2) of section
 3607  376.3072, Florida Statutes, is amended to read:
 3608         376.3072 Florida Petroleum Liability and Restoration
 3609  Insurance Program.—
 3610         (2)(a) An owner or operator of a petroleum storage system
 3611  may become an insured in the restoration insurance program at a
 3612  facility if:
 3613         1. A site at which an incident has occurred is eligible for
 3614  restoration if the insured is a participant in the third-party
 3615  liability insurance program or otherwise meets applicable
 3616  financial responsibility requirements. After July 1, 1993, the
 3617  insured must also provide the required excess insurance coverage
 3618  or self-insurance for restoration to achieve the financial
 3619  responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
 3620  not covered by paragraph (d).
 3621         2. A site which had a discharge reported before January 1,
 3622  1989, for which notice was given pursuant to s. 376.3071(10) and
 3623  which is ineligible for the third-party liability insurance
 3624  program solely due to that discharge is eligible for
 3625  participation in the restoration program for an incident
 3626  occurring on or after January 1, 1989, pursuant to subsection
 3627  (3). Restoration funding for an eligible contaminated site will
 3628  be provided without participation in the third-party liability
 3629  insurance program until the site is restored as required by the
 3630  department or until the department determines that the site does
 3631  not require restoration.
 3632         3. Notwithstanding paragraph (b), a site where an
 3633  application is filed with the department before January 1, 1995,
 3634  where the owner is a small business under s. 288.703 s.
 3635  288.703(6), a Florida College System institution with less than
 3636  2,500 FTE, a religious institution as defined by s.
 3637  212.08(7)(m), a charitable institution as defined by s.
 3638  212.08(7)(p), or a county or municipality with a population of
 3639  less than 50,000, is eligible for up to $400,000 of eligible
 3640  restoration costs, less a deductible of $10,000 for small
 3641  businesses, eligible Florida College System institutions, and
 3642  religious or charitable institutions, and $30,000 for eligible
 3643  counties and municipalities, if:
 3644         a. Except as provided in sub-subparagraph e., the facility
 3645  was in compliance with department rules at the time of the
 3646  discharge.
 3647         b. The owner or operator has, upon discovery of a
 3648  discharge, promptly reported the discharge to the department,
 3649  and drained and removed the system from service, if necessary.
 3650         c. The owner or operator has not intentionally caused or
 3651  concealed a discharge or disabled leak detection equipment.
 3652         d. The owner or operator proceeds to complete initial
 3653  remedial action as specified in department rules.
 3654         e. The owner or operator, if required and if it has not
 3655  already done so, applies for third-party liability coverage for
 3656  the facility within 30 days after receipt of an eligibility
 3657  order issued by the department pursuant to this subparagraph.
 3658  
 3659  However, the department may consider in-kind services from
 3660  eligible counties and municipalities in lieu of the $30,000
 3661  deductible. The cost of conducting initial remedial action as
 3662  defined by department rules is an eligible restoration cost
 3663  pursuant to this subparagraph.
 3664         4.a. By January 1, 1997, facilities at sites with existing
 3665  contamination must have methods of release detection to be
 3666  eligible for restoration insurance coverage for new discharges
 3667  subject to department rules for secondary containment. Annual
 3668  storage system testing, in conjunction with inventory control,
 3669  shall be considered to be a method of release detection until
 3670  the later of December 22, 1998, or 10 years after the date of
 3671  installation or the last upgrade. Other methods of release
 3672  detection for storage tanks which meet such requirement are:
 3673         (I) Interstitial monitoring of tank and integral piping
 3674  secondary containment systems;
 3675         (II) Automatic tank gauging systems; or
 3676         (III) A statistical inventory reconciliation system with a
 3677  tank test every 3 years.
 3678         b. For pressurized integral piping systems, the owner or
 3679  operator must use:
 3680         (I) An automatic in-line leak detector with flow
 3681  restriction meeting the requirements of department rules used in
 3682  conjunction with an annual tightness or pressure test; or
 3683         (II) An automatic in-line leak detector with electronic
 3684  flow shut-off meeting the requirements of department rules.
 3685         c. For suction integral piping systems, the owner or
 3686  operator must use:
 3687         (I) A single check valve installed directly below the
 3688  suction pump if there are no other valves between the dispenser
 3689  and the tank; or
 3690         (II) An annual tightness test or other approved test.
 3691         d. Owners of facilities with existing contamination that
 3692  install internal release detection systems pursuant to sub
 3693  subparagraph a. shall permanently close their external
 3694  groundwater and vapor monitoring wells pursuant to department
 3695  rules by December 31, 1998. Upon installation of the internal
 3696  release detection system, such wells must be secured and taken
 3697  out of service until permanent closure.
 3698         e. Facilities with vapor levels of contamination meeting
 3699  the requirements of or below the concentrations specified in the
 3700  performance standards for release detection methods specified in
 3701  department rules may continue to use vapor monitoring wells for
 3702  release detection.
 3703         f. The department may approve other methods of release
 3704  detection for storage tanks and integral piping which have at
 3705  least the same capability to detect a new release as the methods
 3706  specified in this subparagraph.
 3707  
 3708  Sites meeting the criteria of this subsection for which a site
 3709  rehabilitation completion order was issued before June 1, 2008,
 3710  do not qualify for the 2008 increase in site rehabilitation
 3711  funding assistance and are bound by the pre-June 1, 2008,
 3712  limits. Sites meeting the criteria of this subsection for which
 3713  a site rehabilitation completion order was not issued before
 3714  June 1, 2008, regardless of whether they have previously
 3715  transitioned to nonstate-funded cleanup status, may continue
 3716  state-funded cleanup pursuant to s. 376.3071(6) until a site
 3717  rehabilitation completion order is issued or the increased site
 3718  rehabilitation funding assistance limit is reached, whichever
 3719  occurs first.
 3720         Section 98. Paragraph (k) of subsection (2) of section
 3721  377.703, Florida Statutes, is amended to read:
 3722         377.703 Additional functions of the Department of
 3723  Agriculture and Consumer Services.—
 3724         (2) DUTIES.—The department shall perform the following
 3725  functions, unless as otherwise provided, consistent with the
 3726  development of a state energy policy:
 3727         (k) The department shall coordinate energy-related programs
 3728  of state government, including, but not limited to, the programs
 3729  provided in this section. To this end, the department shall:
 3730         1. Provide assistance to other state agencies, counties,
 3731  and municipalities, and regional planning agencies to further
 3732  and promote their energy planning activities.
 3733         2. Require, in cooperation with the Department of
 3734  Management Services, all state agencies to operate state-owned
 3735  and state-leased buildings in accordance with energy
 3736  conservation standards as adopted by the Department of
 3737  Management Services. Every 3 months, the Department of
 3738  Management Services shall furnish the department data on
 3739  agencies’ energy consumption and emissions of greenhouse gases
 3740  in a format prescribed by the department.
 3741         3. Promote the development and use of renewable energy
 3742  resources, energy efficiency technologies, and conservation
 3743  measures.
 3744         4. Promote the recovery of energy from wastes, including,
 3745  but not limited to, the use of waste heat, the use of
 3746  agricultural products as a source of energy, and recycling of
 3747  manufactured products. Such promotion shall be conducted in
 3748  conjunction with, and after consultation with, the Department of
 3749  Environmental Protection and the Florida Public Service
 3750  Commission where electrical generation or natural gas is
 3751  involved, and any other relevant federal, state, or local
 3752  governmental agency having responsibility for resource recovery
 3753  programs.
 3754         Section 99. Subsection (3) of section 378.411, Florida
 3755  Statutes, is amended to read:
 3756         378.411 Certification to receive notices of intent to mine,
 3757  to review, and to inspect for compliance.—
 3758         (3) In making his or her determination, the secretary shall
 3759  consult with the Department of Commerce, the appropriate
 3760  regional planning council, and the appropriate water management
 3761  district.
 3762         Section 100. Subsection (15) of section 380.031, Florida
 3763  Statutes, is amended to read:
 3764         380.031 Definitions.—As used in this chapter:
 3765         (15) “Regional planning agency” means the agency designated
 3766  by the state land planning agency to exercise responsibilities
 3767  under this chapter in a particular region of the state.
 3768         Section 101. Subsection (2) of section 380.045, Florida
 3769  Statutes, is amended to read:
 3770         380.045 Resource planning and management committees;
 3771  objectives; procedures.—
 3772         (2) The committee must include, but is not limited to,
 3773  representation from each of the following: elected officials
 3774  from the local governments within the area under study; the
 3775  planning office of each of the local governments within the area
 3776  under study; the state land planning agency; any other state
 3777  agency under chapter 20 a representative of which the Governor
 3778  feels is relevant to the compilation of the committee; and a
 3779  water management district, if appropriate, and regional planning
 3780  council all or part of whose jurisdiction lies within the area
 3781  under study. After the appointment of the members, the Governor
 3782  shall select a chair and vice chair. A staff member of the state
 3783  land planning agency shall be appointed by the secretary of such
 3784  agency to serve as the secretary of the committee. The state
 3785  land planning agency shall, to the greatest extent possible,
 3786  provide technical assistance and administrative support to the
 3787  committee. Meetings will be called as needed by the chair or on
 3788  the demand of three or more members of the committee. The
 3789  committee will act on a simple majority of a quorum present and
 3790  shall make a report within 6 months to the head of the state
 3791  land planning agency. The committee must, from the time of
 3792  appointment, remain in existence for no less than 6 months.
 3793         Section 102. Subsections (3), (4), (7), (8), and (12) of
 3794  section 380.05, Florida Statutes, are amended to read:
 3795         380.05 Areas of critical state concern.—
 3796         (3) Each local government regional planning agency may
 3797  recommend to the state land planning agency from time to time
 3798  areas wholly or partially within its jurisdiction that meet the
 3799  criteria for areas of critical state concern as defined in this
 3800  section. Each regional planning agency shall solicit from the
 3801  local governments within its jurisdiction suggestions as to
 3802  areas to be recommended. A local government in an area where
 3803  there is no regional planning agency may recommend to the state
 3804  land planning agency from time to time areas wholly or partially
 3805  within its jurisdiction that meet the criteria for areas of
 3806  critical state concern as defined in this section. If the state
 3807  land planning agency does not recommend to the commission as an
 3808  area of critical state concern an area substantially similar to
 3809  one that has been recommended, it must shall respond in writing
 3810  as to its reasons therefor.
 3811         (4) Before Prior to submitting any recommendation to the
 3812  commission under subsection (1), the state land planning agency
 3813  shall give notice to any committee appointed pursuant to s.
 3814  380.045 and to all local governments and regional planning
 3815  agencies that include within their boundaries any part of any
 3816  area of critical state concern proposed to be designated by the
 3817  rule, in addition to any notice otherwise required under chapter
 3818  120.
 3819         (7) The state land planning agency and any applicable
 3820  regional planning agency shall, to the greatest extent possible,
 3821  provide technical assistance to local governments in the
 3822  preparation of the land development regulations and local
 3823  comprehensive plan for areas of critical state concern.
 3824         (8) If any local government fails to submit land
 3825  development regulations or a local comprehensive plan, or if the
 3826  regulations or plan or plan amendment submitted do not comply
 3827  with the principles for guiding development set out in the rule
 3828  designating the area of critical state concern, within 120 days
 3829  after the adoption of the rule designating an area of critical
 3830  state concern, or within 120 days after the issuance of a
 3831  recommended order on the compliance of the plan or plan
 3832  amendment pursuant to s. 163.3184, or within 120 days after the
 3833  effective date of an order rejecting a proposed land development
 3834  regulation, the state land planning agency must shall submit to
 3835  the commission recommended land development regulations and a
 3836  local comprehensive plan or portions thereof applicable to that
 3837  local government’s portion of the area of critical state
 3838  concern. Within 45 days following receipt of the recommendation
 3839  from the agency, the commission shall either reject the
 3840  recommendation as tendered or adopt the recommendation with or
 3841  without modification, and by rule establish land development
 3842  regulations and a local comprehensive plan applicable to that
 3843  local government’s portion of the area of critical state
 3844  concern. However, such rule may shall not become effective
 3845  before prior to legislative review of an area of critical state
 3846  concern pursuant to paragraph (1)(c). In the rule, the
 3847  commission shall specify the extent to which its land
 3848  development regulations, plans, or plan amendments will
 3849  supersede, or will be supplementary to, local land development
 3850  regulations and plans. Notice of any proposed rule issued under
 3851  this section shall be given to all local governments and
 3852  regional planning agencies in the area of critical state
 3853  concern, in addition to any other notice required under chapter
 3854  120. The land development regulations and local comprehensive
 3855  plan adopted by the commission under this section may include
 3856  any type of regulation and plan that could have been adopted by
 3857  the local government. Any land development regulations or local
 3858  comprehensive plan or plan amendments adopted by the commission
 3859  under this section shall be administered by the local government
 3860  as part of, or in the absence of, the local land development
 3861  regulations and local comprehensive plan.
 3862         (12) Upon the request of a substantially interested person
 3863  pursuant to s. 120.54(7), a local government or regional
 3864  planning agency within the designated area, or the state land
 3865  planning agency, the commission may by rule remove, contract, or
 3866  expand any designated boundary. Boundary expansions are subject
 3867  to legislative review pursuant to paragraph (1)(c). No boundary
 3868  may be modified without a specific finding by the commission
 3869  that such changes are consistent with necessary resource
 3870  protection. The total boundaries of an entire area of critical
 3871  state concern may shall not be removed by the commission unless
 3872  a minimum time of 1 year has elapsed from the adoption of
 3873  regulations and a local comprehensive plan pursuant to
 3874  subsection (1), subsection (6), subsection (8), or subsection
 3875  (10). Before totally removing such boundaries, the commission
 3876  shall make findings that the regulations and plans adopted
 3877  pursuant to subsection (1), subsection (6), subsection (8), or
 3878  subsection (10) are being effectively implemented by local
 3879  governments within the area of critical state concern to protect
 3880  the area and that adopted local government comprehensive plans
 3881  within the area have been conformed to principles for guiding
 3882  development for the area.
 3883         Section 103. Subsection (3) of section 380.055, Florida
 3884  Statutes, is amended to read:
 3885         380.055 Big Cypress Area.—
 3886         (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big
 3887  Cypress Area,” as defined in this subsection, is hereby
 3888  designated as an area of critical state concern. “Big Cypress
 3889  Area” means the area generally depicted on the map entitled
 3890  “Boundary Map, Big Cypress National Freshwater Reserve,
 3891  Florida,” numbered BC-91,001 and dated November 1971, which is
 3892  on file and available for public inspection in the office of the
 3893  National Park Service, Department of the Interior, Washington,
 3894  D.C., and in the office of the Board of Trustees of the Internal
 3895  Improvement Trust Fund, which is the area proposed as the
 3896  Federal Big Cypress National Freshwater Reserve, Florida, and
 3897  that area described as follows: Sections 1, 2, 11, 12 and 13 in
 3898  Township 49 South, Range 31 East; and Township 49 South, Range
 3899  32 East, less Sections 19, 30 and 31; and Township 49 South,
 3900  Range 33 East; and Township 49 South, Range 34 East; and
 3901  Sections 1 through 5 and 10 through 14 in Township 50 South,
 3902  Range 32 East; and Sections 1 through 18 and 20 through 25 in
 3903  Township 50 South, Range 33 East; and Township 50 South, Range
 3904  34 East, less Section 31; and Sections 1 and 2 in Township 51
 3905  South, Range 34 East; All in Collier County, Florida, which
 3906  described area shall be known as the “Big Cypress National
 3907  Preserve Addition, Florida,” together with such contiguous land
 3908  and water areas as are ecologically linked with the Everglades
 3909  National Park, certain of the estuarine fisheries of South
 3910  Florida, or the freshwater aquifer of South Florida, the
 3911  definitive boundaries of which shall be set in the following
 3912  manner: Within 120 days following the effective date of this
 3913  act, the state land planning agency shall recommend definitive
 3914  boundaries for the Big Cypress Area to the Administration
 3915  Commission, after giving notice to all local governments and
 3916  regional planning agencies which include within their boundaries
 3917  any part of the area proposed to be included in the Big Cypress
 3918  Area and holding such hearings as the state land planning agency
 3919  deems appropriate. Within 45 days following receipt of the
 3920  recommended boundaries, the Administration Commission shall
 3921  adopt, modify, or reject the recommendation and shall by rule
 3922  establish the boundaries of the area defined as the Big Cypress
 3923  Area.
 3924         Section 104. Subsection (6) and paragraph (b) of subsection
 3925  (12) of section 380.06, Florida Statutes, are amended to read:
 3926         380.06 Developments of regional impact.—
 3927         (6) REPORTS.—Notwithstanding any condition in a development
 3928  order for an approved development of regional impact, the
 3929  developer is not required to submit an annual or a biennial
 3930  report on the development of regional impact to the local
 3931  government, the regional planning agency, the state land
 3932  planning agency, and all affected permit agencies unless
 3933  required to do so by the local government that has jurisdiction
 3934  over the development. The penalty for failure to file such a
 3935  required report is as prescribed by the local government.
 3936         (12) PROPOSED DEVELOPMENTS.—
 3937         (b) This subsection does not apply to:
 3938         1. Amendments to a development order governing an existing
 3939  development of regional impact.
 3940         2. An application for development approval filed with a
 3941  concurrent plan amendment application pending as of May 14,
 3942  2015, if the applicant elects to have the application reviewed
 3943  pursuant to this section as it existed on that date. The
 3944  election shall be in writing and filed with the affected local
 3945  government, regional planning council, and the state land
 3946  planning agency before December 31, 2018.
 3947         Section 105. Subsection (2) of section 380.061, Florida
 3948  Statutes, is amended to read:
 3949         380.061 The Florida Quality Developments program.—
 3950         (2) Following written notification to the state land
 3951  planning agency and the appropriate regional planning agency, a
 3952  local government with an approved Florida Quality Development
 3953  within its jurisdiction must set a public hearing pursuant to
 3954  its local procedures and shall adopt a local development order
 3955  to replace and supersede the development order adopted by the
 3956  state land planning agency for the Florida Quality Development.
 3957  Thereafter, the Florida Quality Development shall follow the
 3958  procedures and requirements for developments of regional impact
 3959  as specified in this chapter.
 3960         Section 106. Subsection (2) of section 380.07, Florida
 3961  Statutes, is amended to read:
 3962         380.07 Florida Land and Water Adjudicatory Commission.—
 3963         (2) Whenever any local government issues any development
 3964  order in any area of critical state concern, or in regard to the
 3965  abandonment of any approved development of regional impact,
 3966  copies of such orders as prescribed by rule by the state land
 3967  planning agency shall be transmitted to the state land planning
 3968  agency, the regional planning agency, and the owner or developer
 3969  of the property affected by such order. The state land planning
 3970  agency shall adopt rules describing development order rendition
 3971  and effectiveness in designated areas of critical state concern.
 3972  Within 45 days after the order is rendered, the owner, the
 3973  developer, or the state land planning agency may appeal the
 3974  order to the Florida Land and Water Adjudicatory Commission by
 3975  filing a petition alleging that the development order is not
 3976  consistent with this part.
 3977         Section 107. Paragraph (c) of subsection (3) of section
 3978  380.23, Florida Statutes, is amended to read:
 3979         380.23 Federal consistency.—
 3980         (3) Consistency review shall be limited to review of the
 3981  following activities, uses, and projects to ensure that such
 3982  activities, uses, and projects are conducted in accordance with
 3983  the state’s coastal management program:
 3984         (c) Federally licensed or permitted activities affecting
 3985  land or water uses when such activities are in or seaward of the
 3986  jurisdiction of local governments required to develop a coastal
 3987  zone protection element as provided in s. 380.24 and when such
 3988  activities involve:
 3989         1. Permits and licenses required under the Rivers and
 3990  Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
 3991         2. Permits and licenses required under the Marine
 3992  Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
 3993  1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
 3994         3. Permits and licenses required under the Federal Water
 3995  Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
 3996  amended, unless such permitting activities have been delegated
 3997  to the state pursuant to said act.
 3998         4. Permits and licenses relating to the transportation of
 3999  hazardous substance materials or transportation and dumping
 4000  which are issued pursuant to the Hazardous Materials
 4001  Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
 4002  33 U.S.C. s. 1321, as amended.
 4003         5. Permits and licenses required under 15 U.S.C. ss. 717
 4004  717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
 4005  1331-1356 for construction and operation of interstate gas
 4006  pipelines and storage facilities.
 4007         6. Permits and licenses required for the siting and
 4008  construction of any new electrical power plants as defined in s.
 4009  403.503 s. 403.503(14), as amended, and the licensing and
 4010  relicensing of hydroelectric power plants under the Federal
 4011  Power Act, 16 U.S.C. ss. 791a et seq., as amended.
 4012         7. Permits and licenses required under the Mining Law of
 4013  1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
 4014  Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
 4015  Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
 4016  amended; the Federal Land Policy and Management Act, 43 U.S.C.
 4017  ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
 4018  U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
 4019  U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
 4020  pipelines, geological and geophysical activities, or rights-of
 4021  way on public lands and permits and licenses required under the
 4022  Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
 4023  amended.
 4024         8. Permits and licenses for areas leased under the OCS
 4025  Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
 4026  leases and approvals of exploration, development, and production
 4027  plans.
 4028         9. Permits and licenses required under the Deepwater Port
 4029  Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
 4030         10. Permits required for the taking of marine mammals under
 4031  the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
 4032  s. 1374.
 4033         Section 108. Subsection (3) of section 380.507, Florida
 4034  Statutes, is amended to read:
 4035         380.507 Powers of the trust.—The trust shall have all the
 4036  powers necessary or convenient to carry out the purposes and
 4037  provisions of this part, including:
 4038         (3) To provide technical and financial assistance to local
 4039  governments, state agencies, water management districts,
 4040  regional planning councils, and nonprofit agencies to carry out
 4041  projects and activities and develop programs to achieve the
 4042  purposes of this part.
 4043         Section 109. Paragraph (b) of subsection (8) of section
 4044  381.986, Florida Statutes, is amended to read:
 4045         381.986 Medical use of marijuana.—
 4046         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
 4047         (b) An applicant for licensure as a medical marijuana
 4048  treatment center shall apply to the department on a form
 4049  prescribed by the department and adopted in rule. The department
 4050  shall adopt rules pursuant to ss. 120.536(1) and 120.54
 4051  establishing a procedure for the issuance and biennial renewal
 4052  of licenses, including initial application and biennial renewal
 4053  fees sufficient to cover the costs of implementing and
 4054  administering this section, and establishing supplemental
 4055  licensure fees for payment beginning May 1, 2018, sufficient to
 4056  cover the costs of administering ss. 381.989 and 1004.4351. The
 4057  department shall identify applicants with strong diversity plans
 4058  reflecting this state’s commitment to diversity and implement
 4059  training programs and other educational programs to enable
 4060  minority persons and certified rural or urban minority business
 4061  enterprises, as defined in s. 288.703, and veteran business
 4062  enterprises, as defined in s. 295.187, to compete for medical
 4063  marijuana treatment center licensure and contracts. Subject to
 4064  the requirements in subparagraphs (a)2.-4., the department shall
 4065  issue a license to an applicant if the applicant meets the
 4066  requirements of this section and pays the initial application
 4067  fee. The department shall renew the licensure of a medical
 4068  marijuana treatment center biennially if the licensee meets the
 4069  requirements of this section and pays the biennial renewal fee.
 4070  However, the department may not renew the license of a medical
 4071  marijuana treatment center that has not begun to cultivate,
 4072  process, and dispense marijuana by the date that the medical
 4073  marijuana treatment center is required to renew its license. An
 4074  individual may not be an applicant, owner, officer, board
 4075  member, or manager on more than one application for licensure as
 4076  a medical marijuana treatment center. An individual or entity
 4077  may not be awarded more than one license as a medical marijuana
 4078  treatment center. An applicant for licensure as a medical
 4079  marijuana treatment center must demonstrate:
 4080         1. That, for the 5 consecutive years before submitting the
 4081  application, the applicant has been registered to do business in
 4082  the state.
 4083         2. Possession of a valid certificate of registration issued
 4084  by the Department of Agriculture and Consumer Services pursuant
 4085  to s. 581.131.
 4086         3. The technical and technological ability to cultivate and
 4087  produce marijuana, including, but not limited to, low-THC
 4088  cannabis.
 4089         4. The ability to secure the premises, resources, and
 4090  personnel necessary to operate as a medical marijuana treatment
 4091  center.
 4092         5. The ability to maintain accountability of all raw
 4093  materials, finished products, and any byproducts to prevent
 4094  diversion or unlawful access to or possession of these
 4095  substances.
 4096         6. An infrastructure reasonably located to dispense
 4097  marijuana to registered qualified patients statewide or
 4098  regionally as determined by the department.
 4099         7. The financial ability to maintain operations for the
 4100  duration of the 2-year approval cycle, including the provision
 4101  of certified financial statements to the department.
 4102         a. Upon approval, the applicant must post a $5 million
 4103  performance bond issued by an authorized surety insurance
 4104  company rated in one of the three highest rating categories by a
 4105  nationally recognized rating service. However, a medical
 4106  marijuana treatment center serving at least 1,000 qualified
 4107  patients is only required to maintain a $2 million performance
 4108  bond.
 4109         b. In lieu of the performance bond required under sub
 4110  subparagraph a., the applicant may provide an irrevocable letter
 4111  of credit payable to the department or provide cash to the
 4112  department. If provided with cash under this sub-subparagraph,
 4113  the department shall deposit the cash in the Grants and
 4114  Donations Trust Fund within the Department of Health, subject to
 4115  the same conditions as the bond regarding requirements for the
 4116  applicant to forfeit ownership of the funds. If the funds
 4117  deposited under this sub-subparagraph generate interest, the
 4118  amount of that interest shall be used by the department for the
 4119  administration of this section.
 4120         8. That all owners, officers, board members, and managers
 4121  have passed a background screening pursuant to subsection (9).
 4122         9. The employment of a medical director to supervise the
 4123  activities of the medical marijuana treatment center.
 4124         10. A diversity plan that promotes and ensures the
 4125  involvement of minority persons and certified rural or urban
 4126  minority business enterprises, as defined in s. 288.703, or
 4127  veteran business enterprises, as defined in s. 295.187, in
 4128  ownership, management, and employment. An applicant for
 4129  licensure renewal must show the effectiveness of the diversity
 4130  plan by including the following with his or her application for
 4131  renewal:
 4132         a. Representation of minority persons and veterans in the
 4133  medical marijuana treatment center’s workforce;
 4134         b. Efforts to recruit minority persons and veterans for
 4135  employment; and
 4136         c. A record of contracts for services with rural or urban
 4137  minority business enterprises and veteran business enterprises.
 4138         Section 110. Subsection (4) of section 403.031, Florida
 4139  Statutes, is amended to read:
 4140         403.031 Definitions.—In construing this chapter, or rules
 4141  and regulations adopted pursuant hereto, the following words,
 4142  phrases, or terms, unless the context otherwise indicates, have
 4143  the following meanings:
 4144         (4) “Electrical power plant” means, for purposes of this
 4145  part of this chapter, any electrical generating facility that
 4146  uses any process or fuel and that is owned or operated by an
 4147  electric utility, as defined in s. 403.503 s. 403.503(14), and
 4148  includes any associated facility that directly supports the
 4149  operation of the electrical power plant.
 4150         Section 111. Subsection (6) of section 403.0752, Florida
 4151  Statutes, is amended to read:
 4152         403.0752 Ecosystem management agreements.—
 4153         (6) The secretary of the department may form ecosystem
 4154  management advisory teams for consultation and participation in
 4155  the preparation of an ecosystem management agreement. The
 4156  secretary shall request the participation of at least the state
 4157  and regional and local government entities having regulatory
 4158  authority over the activities to be subject to the ecosystem
 4159  management agreement. Such teams may also include
 4160  representatives of other participating or advisory government
 4161  agencies, which may include regional planning councils, private
 4162  landowners, public landowners and managers, public and private
 4163  utilities, corporations, and environmental interests. Team
 4164  members shall be selected in a manner that ensures adequate
 4165  representation of the diverse interests and perspectives within
 4166  the designated ecosystem. Participation by any department of
 4167  state government is at the discretion of that agency.
 4168         Section 112. Subsection (27) of section 403.503, Florida
 4169  Statutes, is amended to read:
 4170         403.503 Definitions relating to Florida Electrical Power
 4171  Plant Siting Act.—As used in this act:
 4172         (27) “Regional planning council” means a regional planning
 4173  council as defined in s. 186.503(4) in the jurisdiction of which
 4174  the electrical power plant is proposed to be located.
 4175         Section 113. Subsection (1) of section 403.50663, Florida
 4176  Statutes, is amended to read:
 4177         403.50663 Informational public meetings.—
 4178         (1) A local government within whose jurisdiction the power
 4179  plant is proposed to be sited may hold one informational public
 4180  meeting in addition to the hearings specifically authorized by
 4181  this act on any matter associated with the electrical power
 4182  plant proceeding. Such informational public meetings shall be
 4183  held by the local government or by the regional planning council
 4184  if the local government does not hold such meeting within 70
 4185  days after the filing of the application. The purpose of an
 4186  informational public meeting is for the local government or
 4187  regional planning council to further inform the public about the
 4188  proposed electrical power plant or associated facilities, obtain
 4189  comments from the public, and formulate its recommendation with
 4190  respect to the proposed electrical power plant.
 4191         Section 114. Paragraph (a) of subsection (2) of section
 4192  403.507, Florida Statutes, is amended to read:
 4193         403.507 Preliminary statements of issues, reports, project
 4194  analyses, and studies.—
 4195         (2)(a) No later than 100 days after the certification
 4196  application has been determined complete, the following agencies
 4197  shall prepare reports as provided below and shall submit them to
 4198  the department and the applicant, unless a final order denying
 4199  the determination of need has been issued under s. 403.519:
 4200         1. The Department of Commerce shall prepare a report
 4201  containing recommendations which address the impact upon the
 4202  public of the proposed electrical power plant, based on the
 4203  degree to which the electrical power plant is consistent with
 4204  the applicable portions of the state comprehensive plan,
 4205  emergency management, and other such matters within its
 4206  jurisdiction. The Department of Commerce may also comment on the
 4207  consistency of the proposed electrical power plant with
 4208  applicable strategic regional policy plans or local
 4209  comprehensive plans and land development regulations.
 4210         2. The water management district shall prepare a report as
 4211  to matters within its jurisdiction, including but not limited
 4212  to, the impact of the proposed electrical power plant on water
 4213  resources, regional water supply planning, and district-owned
 4214  lands and works.
 4215         3. Each local government in whose jurisdiction the proposed
 4216  electrical power plant is to be located shall prepare a report
 4217  as to the consistency of the proposed electrical power plant
 4218  with all applicable local ordinances, regulations, standards, or
 4219  criteria that apply to the proposed electrical power plant,
 4220  including any applicable local environmental regulations adopted
 4221  pursuant to s. 403.182 or by other means.
 4222         4. The Fish and Wildlife Conservation Commission shall
 4223  prepare a report as to matters within its jurisdiction.
 4224         5. The Department of Transportation shall address the
 4225  impact of the proposed electrical power plant on matters within
 4226  its jurisdiction.
 4227         Section 115. Paragraphs (a) and (c) of subsection (4) of
 4228  section 403.509, Florida Statutes, are amended to read:
 4229         403.509 Final disposition of application.—
 4230         (4)(a) Any transmission line corridor certified by the
 4231  board, or secretary if applicable, shall meet the criteria of
 4232  this section. When more than one transmission line corridor is
 4233  proper for certification under s. 403.503 s. 403.503(11) and
 4234  meets the criteria of this section, the board, or secretary if
 4235  applicable, shall certify the transmission line corridor that
 4236  has the least adverse impact regarding the criteria in
 4237  subsection (3), including costs.
 4238         (c) If the board, or secretary if applicable, finds that
 4239  two or more of the corridors that comply with subsection (3)
 4240  have the least adverse impacts regarding the criteria in
 4241  subsection (3), including costs, and that the corridors are
 4242  substantially equal in adverse impacts regarding the criteria in
 4243  subsection (3), including costs, the board, or secretary if
 4244  applicable, shall certify the corridor preferred by the
 4245  applicant if the corridor is one proper for certification under
 4246  s. 403.503 s. 403.503(11).
 4247         Section 116. Paragraph (a) of subsection (6) and paragraph
 4248  (a) of subsection (7) of section 403.5115, Florida Statutes, are
 4249  amended to read:
 4250         403.5115 Public notice.—
 4251         (6)(a) A good faith effort shall be made by the applicant
 4252  to provide direct written notice of the filing of an application
 4253  for certification by United States mail or hand delivery no
 4254  later than 45 days after filing of the application to all local
 4255  landowners whose property, as noted in the most recent local
 4256  government tax records, and residences are located within the
 4257  following distances of the proposed project:
 4258         1. Three miles of the proposed main site boundaries of the
 4259  proposed electrical power plant.
 4260         2. One-quarter mile for a transmission line corridor that
 4261  only includes a transmission line as defined by s. 403.522 s.
 4262  403.522(22).
 4263         3. One-quarter mile for all other linear associated
 4264  facilities extending away from the main site boundary except for
 4265  a transmission line corridor that includes a transmission line
 4266  that operates below those defined by s. 403.522 s. 403.522(22).
 4267         (7)(a) A good faith effort shall be made by the proponent
 4268  of an alternate corridor that includes a transmission line, as
 4269  defined by s. 403.522 s. 403.522(22), to provide direct written
 4270  notice of the filing of an alternate corridor for certification
 4271  by United States mail or hand delivery of the filing no later
 4272  than 30 days after filing of the alternate corridor to all local
 4273  landowners whose property, as noted in the most recent local
 4274  government tax records, and residences, are located within one
 4275  quarter mile of the proposed boundaries of a transmission line
 4276  corridor that includes a transmission line as defined by s.
 4277  403.522 s. 403.522(22).
 4278         Section 117. Subsection (1) of section 403.5175, Florida
 4279  Statutes, is amended to read:
 4280         403.5175 Existing electrical power plant site
 4281  certification.—
 4282         (1) An electric utility that owns or operates an existing
 4283  electrical power plant as defined in s. 403.503 s. 403.503(14)
 4284  may apply for certification of an existing power plant and its
 4285  site in order to obtain all agency licenses necessary to ensure
 4286  compliance with federal or state environmental laws and
 4287  regulation using the centrally coordinated, one-stop licensing
 4288  process established by this part. An application for
 4289  certification under this section must be in the form prescribed
 4290  by department rule. Applications must be reviewed and processed
 4291  using the same procedural steps and notices as for an
 4292  application for a new facility, except that a determination of
 4293  need by the Public Service Commission is not required.
 4294         Section 118. Paragraph (c) of subsection (2) of section
 4295  403.518, Florida Statutes, is amended to read:
 4296         403.518 Fees; disposition.—The department shall charge the
 4297  applicant the following fees, as appropriate, which, unless
 4298  otherwise specified, shall be paid into the Florida Permit Fee
 4299  Trust Fund:
 4300         (2) An application fee, which may shall not exceed
 4301  $200,000. The fee shall be fixed by rule on a sliding scale
 4302  related to the size, type, ultimate site capacity, or increase
 4303  in electrical generating capacity proposed by the application.
 4304         (c)1. Upon written request with proper itemized accounting
 4305  within 90 days after final agency action by the board or
 4306  department or withdrawal of the application, the agencies that
 4307  prepared reports pursuant to s. 403.507 or participated in a
 4308  hearing pursuant to s. 403.508 may submit a written request to
 4309  the department for reimbursement of expenses incurred during the
 4310  certification proceedings. The request must shall contain an
 4311  accounting of expenses incurred which may include time spent
 4312  reviewing the application, preparation of any studies required
 4313  of the agencies by this act, agency travel and per diem to
 4314  attend any hearing held pursuant to this act, and for any local
 4315  government’s or regional planning council’s provision of notice
 4316  of public meetings required as a result of the application for
 4317  certification. The department shall review the request and
 4318  verify that the expenses are valid. Valid expenses must shall be
 4319  reimbursed; however, in the event the amount of funds available
 4320  for reimbursement is insufficient to provide for full
 4321  compensation to the agencies requesting reimbursement,
 4322  reimbursement is shall be on a prorated basis.
 4323         2. If the application review is held in abeyance for more
 4324  than 1 year, the agencies may submit a request for
 4325  reimbursement. This time period is shall be measured from the
 4326  date the applicant has provided written notification to the
 4327  department that it desires to have the application review
 4328  process placed on hold. The fee disbursement shall be processed
 4329  in accordance with subparagraph 1.
 4330         Section 119. Subsection (21) of section 403.522, Florida
 4331  Statutes, is amended to read:
 4332         403.522 Definitions relating to the Florida Electric
 4333  Transmission Line Siting Act.—As used in this act:
 4334         (21) “Regional planning council” means a regional planning
 4335  council as defined in s. 186.503(4) in the jurisdiction of which
 4336  the project is proposed to be located.
 4337         Section 120. Paragraph (a) of subsection (2) of section
 4338  403.526, Florida Statutes, is amended to read:
 4339         403.526 Preliminary statements of issues, reports, and
 4340  project analyses; studies.—
 4341         (2)(a) No later than 90 days after the filing of the
 4342  application, the following agencies shall prepare reports as
 4343  provided below, unless a final order denying the determination
 4344  of need has been issued under s. 403.537:
 4345         1. The department shall prepare a report as to the impact
 4346  of each proposed transmission line or corridor as it relates to
 4347  matters within its jurisdiction.
 4348         2. Each water management district in the jurisdiction of
 4349  which a proposed transmission line or corridor is to be located
 4350  shall prepare a report as to the impact on water resources and
 4351  other matters within its jurisdiction.
 4352         3. The Department of Commerce shall prepare a report
 4353  containing recommendations which address the impact upon the
 4354  public of the proposed transmission line or corridor, based on
 4355  the degree to which the proposed transmission line or corridor
 4356  is consistent with the applicable portions of the state
 4357  comprehensive plan, emergency management, and other matters
 4358  within its jurisdiction. The Department of Commerce may also
 4359  comment on the consistency of the proposed transmission line or
 4360  corridor with applicable strategic regional policy plans or
 4361  local comprehensive plans and land development regulations.
 4362         4. The Fish and Wildlife Conservation Commission shall
 4363  prepare a report as to the impact of each proposed transmission
 4364  line or corridor on fish and wildlife resources and other
 4365  matters within its jurisdiction.
 4366         5. Each local government shall prepare a report as to the
 4367  impact of each proposed transmission line or corridor on matters
 4368  within its jurisdiction, including the consistency of the
 4369  proposed transmission line or corridor with all applicable local
 4370  ordinances, regulations, standards, or criteria that apply to
 4371  the proposed transmission line or corridor, including local
 4372  comprehensive plans, zoning regulations, land development
 4373  regulations, and any applicable local environmental regulations
 4374  adopted pursuant to s. 403.182 or by other means. A change by
 4375  the responsible local government or local agency in local
 4376  comprehensive plans, zoning ordinances, or other regulations
 4377  made after the date required for the filing of the local
 4378  government’s report required by this section is not applicable
 4379  to the certification of the proposed transmission line or
 4380  corridor unless the certification is denied or the application
 4381  is withdrawn.
 4382         6. The Department of Transportation shall prepare a report
 4383  as to the impact of the proposed transmission line or corridor
 4384  on state roads, railroads, airports, aeronautics, seaports, and
 4385  other matters within its jurisdiction.
 4386         7. The commission shall prepare a report containing its
 4387  determination under s. 403.537, and the report may include the
 4388  comments from the commission with respect to any other subject
 4389  within its jurisdiction.
 4390         8. Any other agency, if requested by the department, shall
 4391  also perform studies or prepare reports as to subjects within
 4392  the jurisdiction of the agency which may potentially be affected
 4393  by the proposed transmission line.
 4394         Section 121. Paragraphs (d) and (f) of subsection (1) of
 4395  section 403.5271, Florida Statutes, are amended to read:
 4396         403.5271 Alternate corridors.—
 4397         (1) No later than 45 days before the originally scheduled
 4398  certification hearing, any party may propose alternate
 4399  transmission line corridor routes for consideration under the
 4400  provisions of this act.
 4401         (d) Within 21 days after acceptance of an alternate
 4402  corridor by the department and the applicant, the party
 4403  proposing an alternate corridor shall have the burden of
 4404  providing all data to the agencies listed in s. 403.5365 s.
 4405  403.526(2) and newly affected agencies necessary for the
 4406  preparation of a supplementary report on the proposed alternate
 4407  corridor.
 4408         (f) The agencies listed in s. 403.5365 s. 403.526(2) and
 4409  any newly affected agencies shall file supplementary reports
 4410  with the applicant and the department which address the proposed
 4411  alternate corridors no later than 24 days after the data
 4412  submitted pursuant to paragraph (d) or paragraph (e) is
 4413  determined to be complete.
 4414         Section 122. Subsection (1) of section 403.5272, Florida
 4415  Statutes, is amended to read:
 4416         403.5272 Informational public meetings.—
 4417         (1) A local government whose jurisdiction is to be crossed
 4418  by a proposed corridor may hold one informational public meeting
 4419  in addition to the hearings specifically authorized by this act
 4420  on any matter associated with the transmission line proceeding.
 4421  The informational public meeting may be conducted by the local
 4422  government or the regional planning council and shall be held no
 4423  later than 55 days after the application is filed. The purpose
 4424  of an informational public meeting is for the local government
 4425  or regional planning council to further inform the public about
 4426  the transmission line proposed, obtain comments from the public,
 4427  and formulate its recommendation with respect to the proposed
 4428  transmission line.
 4429         Section 123. Subsection (4), paragraph (a) of subsection
 4430  (5), and paragraph (a) of subsection (6) of section 403.5363,
 4431  Florida Statutes, are amended to read:
 4432         403.5363 Public notices; requirements.—
 4433         (4) A local government or regional planning council that
 4434  proposes to conduct an informational public meeting pursuant to
 4435  s. 403.5272 must publish notice of the meeting in a newspaper of
 4436  general circulation within the county or counties in which the
 4437  proposed electrical transmission line will be located no later
 4438  than 7 days before prior to the meeting. A newspaper of general
 4439  circulation shall be the newspaper that has the largest daily
 4440  circulation in that county and has its principal office in that
 4441  county. If the newspaper with the largest daily circulation has
 4442  its principal office outside the county, the notices shall
 4443  appear in both the newspaper having the largest circulation in
 4444  that county and in a newspaper authorized to publish legal
 4445  notices in that county.
 4446         (5)(a) A good faith effort shall be made by the applicant
 4447  to provide direct notice of the filing of an application for
 4448  certification by United States mail or hand delivery no later
 4449  than 45 days after filing of the application to all local
 4450  landowners whose property, as noted in the most recent local
 4451  government tax records, and residences are located within one
 4452  quarter mile of the proposed boundaries of a transmission line
 4453  corridor that only includes a transmission line as defined by s.
 4454  403.522 s. 403.522(22).
 4455         (6)(a) A good faith effort shall be made by the proponent
 4456  of an alternate corridor that includes a transmission line, as
 4457  defined by s. 403.522 s. 403.522(22), to provide direct notice
 4458  of the filing of an alternate corridor for certification by
 4459  United States mail or hand delivery of the filing no later than
 4460  30 days after filing of the alternate corridor to all local
 4461  landowners whose property, as noted in the most recent local
 4462  government tax records, and residences are located within one
 4463  quarter mile of the proposed boundaries of a transmission line
 4464  corridor that includes a transmission line as defined by s.
 4465  403.522 s. 403.522(22).
 4466         Section 124. Paragraph (d) of subsection (1) of section
 4467  403.5365, Florida Statutes, is amended to read:
 4468         403.5365 Fees; disposition.—The department shall charge the
 4469  applicant the following fees, as appropriate, which, unless
 4470  otherwise specified, shall be paid into the Florida Permit Fee
 4471  Trust Fund:
 4472         (1) An application fee.
 4473         (d)1. Upon written request with proper itemized accounting
 4474  within 90 days after final agency action by the siting board or
 4475  the department or the written notification of the withdrawal of
 4476  the application, the agencies that prepared reports under s.
 4477  403.526 or s. 403.5271 or participated in a hearing under s.
 4478  403.527 or s. 403.5271 may submit a written request to the
 4479  department for reimbursement of expenses incurred during the
 4480  certification proceedings. The request must contain an
 4481  accounting of expenses incurred, which may include time spent
 4482  reviewing the application, preparation of any studies required
 4483  of the agencies by this act, agency travel and per diem to
 4484  attend any hearing held under this act, and for the local
 4485  government or regional planning council providing additional
 4486  notice of the informational public meeting. The department shall
 4487  review the request and verify whether a claimed expense is
 4488  valid. Valid expenses shall be reimbursed; however, if the
 4489  amount of funds available for reimbursement is insufficient to
 4490  provide for full compensation to the agencies, reimbursement
 4491  shall be on a prorated basis.
 4492         2. If the application review is held in abeyance for more
 4493  than 1 year, the agencies may submit a request for reimbursement
 4494  under subparagraph 1. This time period shall be measured from
 4495  the date the applicant has provided written notification to the
 4496  department that it desires to have the application review
 4497  process placed on hold. The fee disbursement shall be processed
 4498  in accordance with subparagraph 1.
 4499         Section 125. Paragraphs (a) and (d) of subsection (1) of
 4500  section 403.537, Florida Statutes, are amended to read:
 4501         403.537 Determination of need for transmission line; powers
 4502  and duties.—
 4503         (1)(a) Upon request by an applicant or upon its own motion,
 4504  the Florida Public Service Commission shall schedule a public
 4505  hearing, after notice, to determine the need for a transmission
 4506  line regulated by the Florida Electric Transmission Line Siting
 4507  Act, ss. 403.52-403.5365. The notice shall be published at least
 4508  21 days before the date set for the hearing and shall be
 4509  published by the applicant in at least one-quarter page size
 4510  notice in newspapers of general circulation, and by the
 4511  commission in the manner specified in chapter 120, by giving
 4512  notice to counties and regional planning councils in whose
 4513  jurisdiction the transmission line could be placed, and by
 4514  giving notice to any persons who have requested to be placed on
 4515  the mailing list of the commission for this purpose. Within 21
 4516  days after receipt of a request for determination by an
 4517  applicant, the commission shall set a date for the hearing. The
 4518  hearing shall be held pursuant to s. 350.01 within 45 days after
 4519  the filing of the request, and a decision shall be rendered
 4520  within 60 days after such filing.
 4521         (d) The determination by the commission of the need for the
 4522  transmission line, as defined in s. 403.522 s. 403.522(22), is
 4523  binding on all parties to any certification proceeding under the
 4524  Florida Electric Transmission Line Siting Act and is a condition
 4525  precedent to the conduct of the certification hearing prescribed
 4526  therein. An order entered pursuant to this section constitutes
 4527  final agency action.
 4528         Section 126. Subsection (17) of section 403.704, Florida
 4529  Statutes, is amended to read:
 4530         403.704 Powers and duties of the department.—The department
 4531  shall have responsibility for the implementation and enforcement
 4532  of this act. In addition to other powers and duties, the
 4533  department shall:
 4534         (17) Provide technical assistance to local governments and
 4535  regional agencies to ensure consistency between county hazardous
 4536  waste management assessments; coordinate the development of such
 4537  assessments with the assistance of the appropriate regional
 4538  planning councils; and review and make recommendations to the
 4539  Legislature relative to the sufficiency of the assessments to
 4540  meet state hazardous waste management needs.
 4541         Section 127. Subsections (3) and (6) of section 403.7225,
 4542  Florida Statutes, are amended to read:
 4543         403.7225 Local hazardous waste management assessments.—
 4544         (3) Each county or regional planning council shall
 4545  coordinate the local hazardous waste management assessments
 4546  within its jurisdiction according to guidelines established
 4547  under s. 403.7226. If a county declines to perform the local
 4548  hazardous waste management assessment, the county must shall
 4549  make arrangements with the department its regional planning
 4550  council to perform the assessment.
 4551         (6) Unless performed by the county pursuant to subsection
 4552  (3), the department regional planning councils shall upon
 4553  successful arrangements with a county:
 4554         (a) Perform local hazardous waste management assessments;
 4555  and
 4556         (b) Provide any technical expertise needed by the counties
 4557  in developing the assessments.
 4558         Section 128. Subsection (1) of section 403.7226, Florida
 4559  Statutes, is amended to read:
 4560         403.7226 Technical assistance by the department.—The
 4561  department shall:
 4562         (1) Provide technical assistance to county governments and
 4563  regional planning councils to ensure consistency in implementing
 4564  local hazardous waste management assessments as provided in ss.
 4565  403.7225, 403.7234, and 403.7236. In order to ensure that each
 4566  local assessment is properly implemented and that all
 4567  information gathered during the assessment is uniformly compiled
 4568  and documented, each county or regional planning council shall
 4569  contact the department during the preparation of the local
 4570  assessment to receive technical assistance. Each county or
 4571  regional planning council shall follow guidelines established by
 4572  the department, and adopted by rule as appropriate, in order to
 4573  properly implement these assessments.
 4574         Section 129. Subsection (2) of section 403.723, Florida
 4575  Statutes, is amended to read:
 4576         403.723 Siting of hazardous waste facilities.—It is the
 4577  intent of the Legislature to facilitate siting of proper
 4578  hazardous waste storage facilities in each region and any
 4579  additional storage, treatment, or disposal facilities as
 4580  required. The Legislature recognizes the need for facilitating
 4581  disposal of waste produced by small generators, reducing the
 4582  volume of wastes generated in the state, reducing the toxicity
 4583  of wastes generated in the state, and providing treatment and
 4584  disposal facilities in the state.
 4585         (2) After each county designates areas for storage
 4586  facilities, the department each regional planning council shall
 4587  designate one or more sites at which a regional hazardous waste
 4588  storage or treatment facility could be constructed.
 4589         Section 130. Subsection (22) of section 403.9403, Florida
 4590  Statutes, is amended to read:
 4591         403.9403 Definitions.—As used in ss. 403.9401-403.9425, the
 4592  term:
 4593         (22) “Regional planning council” means a regional planning
 4594  council created pursuant to chapter 186 in the jurisdiction of
 4595  which the project is proposed to be located.
 4596         Section 131. Paragraph (a) of subsection (2) of section
 4597  403.941, Florida Statutes, is amended to read:
 4598         403.941 Preliminary statements of issues, reports, and
 4599  studies.—
 4600         (2)(a) The affected agencies shall prepare reports as
 4601  provided in this paragraph and shall submit them to the
 4602  department and the applicant within 60 days after the
 4603  application is determined sufficient:
 4604         1. The department shall prepare a report as to the impact
 4605  of each proposed natural gas transmission pipeline or corridor
 4606  as it relates to matters within its jurisdiction.
 4607         2. Each water management district in the jurisdiction of
 4608  which a proposed natural gas transmission pipeline or corridor
 4609  is to be located shall prepare a report as to the impact on
 4610  water resources and other matters within its jurisdiction.
 4611         3. The Department of Commerce shall prepare a report
 4612  containing recommendations which address the impact upon the
 4613  public of the proposed natural gas transmission pipeline or
 4614  corridor, based on the degree to which the proposed natural gas
 4615  transmission pipeline or corridor is consistent with the
 4616  applicable portions of the state comprehensive plan and other
 4617  matters within its jurisdiction. The Department of Commerce may
 4618  also comment on the consistency of the proposed natural gas
 4619  transmission pipeline or corridor with applicable strategic
 4620  regional policy plans or local comprehensive plans and land
 4621  development regulations.
 4622         4. The Fish and Wildlife Conservation Commission shall
 4623  prepare a report as to the impact of each proposed natural gas
 4624  transmission pipeline or corridor on fish and wildlife resources
 4625  and other matters within its jurisdiction.
 4626         5. Each local government in which the natural gas
 4627  transmission pipeline or natural gas transmission pipeline
 4628  corridor will be located shall prepare a report as to the impact
 4629  of each proposed natural gas transmission pipeline or corridor
 4630  on matters within its jurisdiction, including the consistency of
 4631  the proposed natural gas transmission pipeline or corridor with
 4632  all applicable local ordinances, regulations, standards, or
 4633  criteria that apply to the proposed natural gas transmission
 4634  pipeline or corridor, including local comprehensive plans,
 4635  zoning regulations, land development regulations, and any
 4636  applicable local environmental regulations adopted pursuant to
 4637  s. 403.182 or by other means. No change by the responsible local
 4638  government or local agency in local comprehensive plans, zoning
 4639  ordinances, or other regulations made after the date required
 4640  for the filing of the local government’s report required by this
 4641  section shall be applicable to the certification of the proposed
 4642  natural gas transmission pipeline or corridor unless the
 4643  certification is denied or the application is withdrawn.
 4644         6. The Department of Transportation shall prepare a report
 4645  on the effect of the natural gas transmission pipeline or
 4646  natural gas transmission pipeline corridor on matters within its
 4647  jurisdiction, including roadway crossings by the pipeline. The
 4648  report shall contain at a minimum:
 4649         a. A report by the applicant to the department stating that
 4650  all requirements of the department’s utilities accommodation
 4651  guide have been or will be met in regard to the proposed
 4652  pipeline or pipeline corridor; and
 4653         b. A statement by the department as to the adequacy of the
 4654  report to the department by the applicant.
 4655         7. The Department of State, Division of Historical
 4656  Resources, shall prepare a report on the impact of the natural
 4657  gas transmission pipeline or natural gas transmission pipeline
 4658  corridor on matters within its jurisdiction.
 4659         8. The commission shall prepare a report addressing matters
 4660  within its jurisdiction. The commission’s report shall include
 4661  its determination of need issued pursuant to s. 403.9422.
 4662         Section 132. Paragraph (a) of subsection (1) of section
 4663  403.9422, Florida Statutes, is amended to read:
 4664         403.9422 Determination of need for natural gas transmission
 4665  pipeline; powers and duties.—
 4666         (1)(a) Upon request by an applicant or upon its own motion,
 4667  the commission shall schedule a public hearing, after notice, to
 4668  determine the need for a natural gas transmission pipeline
 4669  regulated by ss. 403.9401-403.9425. Such notice shall be
 4670  published at least 45 days before the date set for the hearing
 4671  and shall be published in at least one-quarter page size in
 4672  newspapers of general circulation and in the Florida
 4673  Administrative Register, by giving notice to counties and
 4674  regional planning councils in whose jurisdiction the natural gas
 4675  transmission pipeline could be placed, and by giving notice to
 4676  any persons who have requested to be placed on the mailing list
 4677  of the commission for this purpose. Within 21 days after receipt
 4678  of a request for determination by an applicant, the commission
 4679  shall set a date for the hearing. The hearing shall be held
 4680  pursuant to s. 350.01 within 75 days after the filing of the
 4681  request, and a decision shall be rendered within 90 days after
 4682  such filing.
 4683         Section 133. Subsection (4) of section 403.973, Florida
 4684  Statutes, is amended to read:
 4685         403.973 Expedited permitting; amendments to comprehensive
 4686  plans.—
 4687         (4) The regional teams shall be established through the
 4688  execution of a project-specific memorandum of agreement
 4689  developed and executed by the applicant and the secretary, with
 4690  input solicited from the respective heads of the Department of
 4691  Transportation and its district offices, the Department of
 4692  Agriculture and Consumer Services, the Fish and Wildlife
 4693  Conservation Commission, appropriate regional planning councils,
 4694  appropriate water management districts, and voluntarily
 4695  participating municipalities and counties. The memorandum of
 4696  agreement should also accommodate participation in this
 4697  expedited process by other local governments and federal
 4698  agencies as circumstances warrant.
 4699         Section 134. Paragraphs (b) and (d) of subsection (1) of
 4700  section 408.033, Florida Statutes, are amended to read:
 4701         408.033 Local and state health planning.—
 4702         (1) LOCAL HEALTH COUNCILS.—
 4703         (b) Each local health council may:
 4704         1. Develop a district area health plan that permits each
 4705  local health council to develop strategies and set priorities
 4706  for implementation based on its unique local health needs.
 4707         2. Advise the agency on health care issues and resource
 4708  allocations.
 4709         3. Promote public awareness of community health needs,
 4710  emphasizing health promotion and cost-effective health service
 4711  selection.
 4712         4. Collect data and conduct analyses and studies related to
 4713  health care needs of the district, including the needs of
 4714  medically indigent persons, and assist the agency and other
 4715  state agencies in carrying out data collection activities that
 4716  relate to the functions in this subsection.
 4717         5. Monitor the onsite construction progress, if any, of
 4718  certificate-of-need approved projects and report council
 4719  findings to the agency on forms provided by the agency.
 4720         6. Advise and assist any regional planning councils within
 4721  each district that have elected to address health issues in
 4722  their strategic regional policy plans with the development of
 4723  the health element of the plans to address the health goals and
 4724  policies in the State Comprehensive Plan.
 4725         6.7. Advise and assist local governments within each
 4726  district on the development of an optional health plan element
 4727  of the comprehensive plan provided in chapter 163, to assure
 4728  compatibility with the health goals and policies in the State
 4729  Comprehensive Plan and district health plan. To facilitate the
 4730  implementation of this section, the local health council shall
 4731  annually provide the local governments in its service area, upon
 4732  request, with:
 4733         a. A copy and appropriate updates of the district health
 4734  plan;
 4735         b. A report of nursing home utilization statistics for
 4736  facilities within the local government jurisdiction; and
 4737         c. Applicable agency rules and calculated need
 4738  methodologies for health facilities and services regulated under
 4739  s. 408.034 for the district served by the local health council.
 4740         7.8. Monitor and evaluate the adequacy, appropriateness,
 4741  and effectiveness, within the district, of local, state,
 4742  federal, and private funds distributed to meet the needs of the
 4743  medically indigent and other underserved population groups.
 4744         8.9. In conjunction with the Department of Health, plan for
 4745  services at the local level for persons infected with the human
 4746  immunodeficiency virus.
 4747         9.10. Provide technical assistance to encourage and support
 4748  activities by providers, purchasers, consumers, and local,
 4749  regional, and state agencies in meeting the health care goals,
 4750  objectives, and policies adopted by the local health council.
 4751         10.11. Provide the agency with data required by rule for
 4752  the review of certificate-of-need applications and the
 4753  projection of need for health facilities in the district.
 4754         (d) Each local health council shall enter into a memorandum
 4755  of agreement with each regional planning council in its district
 4756  that elects to address health issues in its strategic regional
 4757  policy plan. In addition, each local health council shall enter
 4758  into a memorandum of agreement with each local government that
 4759  includes an optional health element in its comprehensive plan.
 4760  Each memorandum of agreement must specify the manner in which
 4761  each local government, regional planning council, and local
 4762  health council will coordinate its activities to ensure a
 4763  unified approach to health planning and implementation efforts.
 4764         Section 135. Subsection (1) of section 420.609, Florida
 4765  Statutes, is amended to read:
 4766         420.609 Affordable Housing Study Commission.—Because the
 4767  Legislature firmly supports affordable housing in Florida for
 4768  all economic classes:
 4769         (1) There is created the Affordable Housing Study
 4770  Commission, which shall be composed of 20 21 members to be
 4771  appointed by the Governor:
 4772         (a) One citizen actively engaged in the residential home
 4773  building industry.
 4774         (b) One citizen actively engaged in the home mortgage
 4775  lending profession.
 4776         (c) One citizen actively engaged in the real estate sales
 4777  profession.
 4778         (d) One citizen actively engaged in apartment development.
 4779         (e) One citizen actively engaged in the management and
 4780  operation of a rental housing development.
 4781         (f) Two citizens who represent very-low-income and low
 4782  income persons.
 4783         (g) One citizen representing a community-based organization
 4784  with experience in housing development.
 4785         (h) One citizen representing a community-based organization
 4786  with experience in housing development in a community with a
 4787  population of less than 50,000 persons.
 4788         (i) Two citizens who represent elderly persons’ housing
 4789  interests.
 4790         (j) One representative of regional planning councils.
 4791         (j)(k) One representative of the Florida League of Cities.
 4792         (k)(l) One representative of the Florida Association of
 4793  Counties.
 4794         (l)(m) Two citizens representing statewide growth
 4795  management organizations.
 4796         (m)(n) One citizen of the state to serve as chair of the
 4797  commission.
 4798         (n)(o) One citizen representing a residential community
 4799  developer.
 4800         (o)(p) One member who is a resident of the state.
 4801         (p)(q) One representative from a local housing authority.
 4802         (q)(r) One citizen representing the housing interests of
 4803  homeless persons.
 4804         Section 136. Paragraph (a) of subsection (3) and subsection
 4805  (6) of section 473.3065, Florida Statutes, are amended to read:
 4806         473.3065 Clay Ford Scholarship Program; Certified Public
 4807  Accountant Education Minority Assistance Advisory Council.—
 4808         (3) The board shall adopt rules as necessary for
 4809  administration of the Clay Ford Scholarship Program, including
 4810  rules relating to the following:
 4811         (a) Eligibility criteria for receipt of a scholarship,
 4812  which, at a minimum, shall include the following factors:
 4813         1. Financial need.
 4814         2. Ethnic, gender, or racial minority status pursuant to s.
 4815  288.703 s. 288.703(4).
 4816         3. Scholastic ability and performance.
 4817         (6) There is hereby created the Certified Public Accountant
 4818  Education Minority Assistance Advisory Council to assist the
 4819  board in administering the Clay Ford Scholarship Program. The
 4820  council shall be diverse and representative of the gender,
 4821  ethnic, and racial categories set forth in s. 288.703 s.
 4822  288.703(4).
 4823         (a) The council shall consist of five licensed Florida
 4824  certified public accountants selected by the board, of whom one
 4825  shall be a board member who serves as chair of the council, one
 4826  shall be a representative of the National Association of Black
 4827  Accountants, one shall be a representative of the Cuban American
 4828  CPA Association, and two shall be selected at large. At least
 4829  one member of the council must be a woman.
 4830         (b) The board shall determine the terms for initial
 4831  appointments and appointments thereafter.
 4832         (c) Any vacancy on the council shall be filled in the
 4833  manner provided for the selection of the initial member. Any
 4834  member appointed to fill a vacancy of an unexpired term shall be
 4835  appointed for the remainder of that term.
 4836         (d) Three consecutive absences or absences constituting 50
 4837  percent or more of the council’s meetings within any 12-month
 4838  period shall cause the council membership of the member in
 4839  question to become void, and the position shall be considered
 4840  vacant.
 4841         (e) The members of the council shall serve without
 4842  compensation, and any necessary and actual expenses incurred by
 4843  a member while engaged in the business of the council shall be
 4844  borne by such member or by the organization or agency such
 4845  member represents. However, the council member who is a member
 4846  of the board shall be compensated in accordance with ss.
 4847  455.207(4) and 112.061.
 4848         Section 137. Paragraph (f) of subsection (1) of section
 4849  501.171, Florida Statutes, is amended to read:
 4850         501.171 Security of confidential personal information.—
 4851         (1) DEFINITIONS.—As used in this section, the term:
 4852         (f) “Governmental entity” means any department, division,
 4853  bureau, commission, regional planning agency, board, district,
 4854  authority, agency, or other instrumentality of this state that
 4855  acquires, maintains, stores, or uses data in electronic form
 4856  containing personal information.
 4857         Section 138. Section 625.3255, Florida Statutes, is amended
 4858  to read:
 4859         625.3255 Capital participation instrument.—An insurer may
 4860  invest in any capital participation instrument or evidence of
 4861  indebtedness issued by the Department of Commerce pursuant to
 4862  the Florida Small and Minority Business Assistance Act.
 4863         Section 139. Paragraph (b) of subsection (4) of section
 4864  657.042, Florida Statutes, is amended to read:
 4865         657.042 Investment powers and limitations.—A credit union
 4866  may invest its funds subject to the following definitions,
 4867  restrictions, and limitations:
 4868         (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
 4869  CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
 4870  the credit union may be invested in any of the following:
 4871         (b) Any capital participation instrument or evidence of
 4872  indebtedness issued by the Department of Commerce pursuant to
 4873  the Florida Small and Minority Business Assistance Act.
 4874         Section 140. Paragraph (f) of subsection (4) of section
 4875  658.67, Florida Statutes, is amended to read:
 4876         658.67 Investment powers and limitations.—A bank may invest
 4877  its funds, and a trust company may invest its corporate funds,
 4878  subject to the following definitions, restrictions, and
 4879  limitations:
 4880         (4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS
 4881  OF CAPITAL ACCOUNTS.—
 4882         (f) Up to 10 percent of the capital accounts of a bank or
 4883  trust company may be invested in any capital participation
 4884  instrument or evidence of indebtedness issued by the Department
 4885  of Commerce pursuant to the Florida Small and Minority Business
 4886  Assistance Act.
 4887         Section 141. Subsection (6) of section 1013.30, Florida
 4888  Statutes, is amended to read:
 4889         1013.30 University campus master plans and campus
 4890  development agreements.—
 4891         (6) Before a campus master plan is adopted, a copy of the
 4892  draft master plan must be sent for review or made available
 4893  electronically to the host and any affected local governments,
 4894  the state land planning agency, the Department of Environmental
 4895  Protection, the Department of Transportation, the Department of
 4896  State, the Fish and Wildlife Conservation Commission, and the
 4897  applicable water management district and regional planning
 4898  council. At the request of a governmental entity, a hard copy of
 4899  the draft master plan shall be submitted within 7 business days
 4900  of an electronic copy being made available. These agencies must
 4901  be given 90 days after receipt of the campus master plans in
 4902  which to conduct their review and provide comments to the
 4903  university board of trustees. The commencement of this review
 4904  period must be advertised in newspapers of general circulation
 4905  within the host local government and any affected local
 4906  government to allow for public comment. Following receipt and
 4907  consideration of all comments and the holding of an informal
 4908  information session and at least two public hearings within the
 4909  host jurisdiction, the university board of trustees shall adopt
 4910  the campus master plan. It is the intent of the Legislature that
 4911  the university board of trustees comply with the notice
 4912  requirements set forth in s. 163.3184(11) to ensure full public
 4913  participation in this planning process. The informal public
 4914  information session must be held before the first public
 4915  hearing. The first public hearing shall be held before the draft
 4916  master plan is sent to the agencies specified in this
 4917  subsection. The second public hearing shall be held in
 4918  conjunction with the adoption of the draft master plan by the
 4919  university board of trustees. Campus master plans developed
 4920  under this section are not rules and are not subject to chapter
 4921  120 except as otherwise provided in this section.
 4922         Section 142. For the purpose of incorporating the amendment
 4923  made by this act to section 447.203, Florida Statutes, in
 4924  references thereto, paragraph (w) of subsection (2) of section
 4925  110.205, Florida Statutes, is reenacted to read:
 4926         110.205 Career service; exemptions.—
 4927         (2) EXEMPT POSITIONS.—The exempt positions that are not
 4928  covered by this part include the following:
 4929         (w) Managerial employees, as defined in s. 447.203(4),
 4930  confidential employees, as defined in s. 447.203(5), and
 4931  supervisory employees who spend the majority of their time
 4932  communicating with, motivating, training, and evaluating
 4933  employees, and planning and directing employees’ work, and who
 4934  have the authority to hire, transfer, suspend, lay off, recall,
 4935  promote, discharge, assign, reward, or discipline subordinate
 4936  employees or effectively recommend such action, including all
 4937  employees serving as supervisors, administrators, and directors.
 4938  Excluded are employees also designated as special risk or
 4939  special risk administrative support and attorneys who serve as
 4940  administrative law judges pursuant to s. 120.65 or for hearings
 4941  conducted pursuant to s. 120.57(1)(a). Additionally, registered
 4942  nurses licensed under chapter 464, dentists licensed under
 4943  chapter 466, psychologists licensed under chapter 490 or chapter
 4944  491, nutritionists or dietitians licensed under part X of
 4945  chapter 468, pharmacists licensed under chapter 465,
 4946  psychological specialists licensed under chapter 491, physical
 4947  therapists licensed under chapter 486, and speech therapists
 4948  licensed under part I of chapter 468 are excluded, unless
 4949  otherwise collectively bargained.
 4950         Section 143. For the purpose of incorporating the amendment
 4951  made by this act to section 164.1031, Florida Statutes, in a
 4952  reference thereto, paragraph (d) of subsection (2) of section
 4953  163.3162, Florida Statutes, is reenacted to read:
 4954         163.3162 Agricultural lands and practices.—
 4955         (2) DEFINITIONS.—As used in this section, the term:
 4956         (d) “Governmental entity” has the same meaning as provided
 4957  in s. 164.1031. The term does not include a water management
 4958  district, a water control district established under chapter
 4959  298, or a special district created by special act for water
 4960  management purposes.
 4961         Section 144. For the purpose of incorporating the amendment
 4962  made by this act to section 164.1031, Florida Statutes, in a
 4963  reference thereto, subsection (8) of section 373.129, Florida
 4964  Statutes, is reenacted to read:
 4965         373.129 Maintenance of actions.—The department, the
 4966  governing board of any water management district, any local
 4967  board, or a local government to which authority has been
 4968  delegated pursuant to s. 373.103(8), is authorized to commence
 4969  and maintain proper and necessary actions and proceedings in any
 4970  court of competent jurisdiction for any of the following
 4971  purposes:
 4972         (8) In conflicts arising where a water management district
 4973  is a party to litigation against another governmental entity, as
 4974  defined in s. 164.1031, a district has an affirmative duty to
 4975  engage in alternative dispute resolution in good faith as
 4976  required by chapter 164.
 4977         Section 145. For the purpose of incorporating the amendment
 4978  made by this act to section 339.155, Florida Statutes, in
 4979  references thereto, subsections (1) and (3) of section 339.2819,
 4980  Florida Statutes, are reenacted to read:
 4981         339.2819 Transportation Regional Incentive Program.—
 4982         (1) There is created within the Department of
 4983  Transportation a Transportation Regional Incentive Program for
 4984  the purpose of providing funds to improve regionally significant
 4985  transportation facilities in regional transportation areas
 4986  created pursuant to s. 339.155(4).
 4987         (3) The department shall allocate funding available for the
 4988  Transportation Regional Incentive Program to the districts based
 4989  on a factor derived from equal parts of population and motor
 4990  fuel collections for eligible counties in regional
 4991  transportation areas created pursuant to s. 339.155(4).
 4992         Section 146. For the purpose of incorporating the
 4993  amendments made by this act to sections 380.045 and 380.05,
 4994  Florida Statutes, in references thereto, subsections (5) and (6)
 4995  of section 380.0552, Florida Statutes, are reenacted to read:
 4996         380.0552 Florida Keys Area; protection and designation as
 4997  area of critical state concern.—
 4998         (5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5),
 4999  (9)-(11), (15), (17), and (21) shall not apply to the area
 5000  designated by this section for so long as the designation
 5001  remains in effect. Except as otherwise provided in this section,
 5002  s. 380.045 shall not apply to the area designated by this
 5003  section. All other provisions of this chapter shall apply,
 5004  including s. 380.07.
 5005         (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The
 5006  Governor, acting as the chief planning officer of the state,
 5007  shall appoint a resource planning and management committee for
 5008  the Florida Keys Area with the membership as specified in s.
 5009  380.045(2). Meetings shall be called as needed by the chair or
 5010  on the demand of three or more members of the committee. The
 5011  committee shall:
 5012         (a) Serve as a liaison between the state and local
 5013  governments within Monroe County.
 5014         (b) Develop, with local government officials in the Florida
 5015  Keys Area, recommendations to the state land planning agency as
 5016  to the sufficiency of the Florida Keys Area’s comprehensive plan
 5017  and land development regulations.
 5018         (c) Recommend to the state land planning agency changes to
 5019  state and regional plans and regulatory programs affecting the
 5020  Florida Keys Area.
 5021         (d) Assist units of local government within the Florida
 5022  Keys Area in carrying out the planning functions and other
 5023  responsibilities required by this section.
 5024         (e) Review, at a minimum, all reports and other materials
 5025  provided to it by the state land planning agency or other
 5026  governmental agencies.
 5027         Section 147. For the purpose of incorporating the amendment
 5028  made by this act to section 403.507, Florida Statutes, in a
 5029  reference thereto, paragraph (a) of subsection (1) of section
 5030  403.5064, Florida Statutes, is reenacted to read:
 5031         403.5064 Application; schedules.—
 5032         (1) The formal date of filing of a certification
 5033  application and commencement of the certification review process
 5034  shall be when the applicant submits:
 5035         (a) Copies of the certification application in a quantity
 5036  and format as prescribed by rule to the department and other
 5037  agencies identified in s. 403.507(2)(a).
 5038         Section 148. For the purpose of incorporating the amendment
 5039  made by this act to section 403.526, Florida Statutes, in a
 5040  reference thereto, paragraph (a) of subsection (1) of section
 5041  403.5251, Florida Statutes, is reenacted to read:
 5042         403.5251 Application; schedules.—
 5043         (1)(a) The formal date of the filing of the application for
 5044  certification and commencement of the review process for
 5045  certification is the date on which the applicant submits:
 5046         1. Copies of the application for certification in a
 5047  quantity and format, electronic or otherwise as prescribed by
 5048  rule, to the department and other agencies identified in s.
 5049  403.526(2).
 5050         2. The application fee as specified under s. 403.5365 to
 5051  the department.
 5052  
 5053  The department shall provide to the applicant and the Division
 5054  of Administrative Hearings the names and addresses of any
 5055  additional agencies or persons entitled to notice and copies of
 5056  the application and amendments, if any, within 7 days after
 5057  receiving the application for certification and the application
 5058  fees.
 5059         Section 149. For the purpose of incorporating the amendment
 5060  made by this act to section 403.526, Florida Statutes, in
 5061  references thereto, paragraphs (d) and (f) of subsection (1) of
 5062  section 403.5271, Florida Statutes, are reenacted to read:
 5063         403.5271 Alternate corridors.—
 5064         (1) No later than 45 days before the originally scheduled
 5065  certification hearing, any party may propose alternate
 5066  transmission line corridor routes for consideration under the
 5067  provisions of this act.
 5068         (d) Within 21 days after acceptance of an alternate
 5069  corridor by the department and the applicant, the party
 5070  proposing an alternate corridor shall have the burden of
 5071  providing all data to the agencies listed in s. 403.526(2) and
 5072  newly affected agencies necessary for the preparation of a
 5073  supplementary report on the proposed alternate corridor.
 5074         (f) The agencies listed in s. 403.526(2) and any newly
 5075  affected agencies shall file supplementary reports with the
 5076  applicant and the department which address the proposed
 5077  alternate corridors no later than 24 days after the data
 5078  submitted pursuant to paragraph (d) or paragraph (e) is
 5079  determined to be complete.
 5080         Section 150. For the purpose of incorporating the amendment
 5081  made by this act to section 403.941, Florida Statutes, in a
 5082  reference thereto, paragraph (c) of subsection (5) of section
 5083  403.9421, Florida Statutes, is reenacted to read:
 5084         403.9421 Fees; disposition.—The department shall charge the
 5085  applicant the following fees, as appropriate, which shall be
 5086  paid into the Florida Permit Fee Trust Fund:
 5087         (5) In administering fee revenues received under this
 5088  section, the department shall allocate the funds as follows:
 5089         (c) The balance of fees remaining shall be used by the
 5090  department to reimburse affected agencies included in s.
 5091  403.941(2)(a) for costs incurred in application and
 5092  postcertification review, respectively.
 5093         1. For application processing costs, upon presentation by
 5094  an affected agency of a proper itemized accounting within 90
 5095  days after the date of the board’s order approving certification
 5096  or the date on which a pending application is otherwise disposed
 5097  of, the department shall reimburse the agencies for authorized
 5098  costs from the fee balances remaining. Such reimbursement shall
 5099  be authorized for studies and the preparation of any reports
 5100  required of the agencies by ss. 403.9401-403.9425, for agency
 5101  travel and per diem to attend any hearing held, and for
 5102  participation in the proceedings. In the event the amount
 5103  available for allocation is insufficient to provide for complete
 5104  reimbursement to the agencies, reimbursement shall be on a
 5105  prorated basis. If any sums are remaining, the department shall
 5106  retain them for use in the same manner as is otherwise
 5107  authorized by this section; however, if the certification
 5108  application is withdrawn, the remaining sums shall be refunded
 5109  to the applicant within 120 days after withdrawal.
 5110         2. For postcertification costs, an invoice may be submitted
 5111  on an annual basis, commencing from the date of certification,
 5112  for expenses incurred by affected agencies conducting
 5113  postcertification review work pursuant to the conditions of
 5114  certification. In the event the amount available for allocation
 5115  is insufficient to provide for complete reimbursement to the
 5116  agencies, reimbursement shall be on a prorated basis.
 5117         Section 151. This act shall take effect July 1, 2025.