Florida Senate - 2025 CS for CS for SB 1264
By the Appropriations Committee on Transportation, Tourism, and
Economic Development; the Committee on Commerce and Tourism; and
Senator Collins
606-03584-25 20251264c2
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, 288.714, and 331.351, F.S.,
8 relating to minority participation; a short title;
9 legislative findings and public purpose; definitions
10 relating to the Florida Regional Planning Council Act;
11 regional planning councils, creation, and membership;
12 regional planning councils, powers and duties; the
13 Executive Office of the Governor, powers and duties;
14 strategic regional policy plans; strategic regional
15 policy plan adoption, consistency with state
16 comprehensive plan; dispute resolution process;
17 evaluation of strategic regional policy plan, changes
18 in plan; designation of regional planning councils;
19 reports; creation of regional planning councils under
20 ch. 163, F.S.; minority business enterprises; the
21 Targeted Marketing Assistance Program; convention
22 grants program; the Florida Minority Business Loan
23 Mobilization Program; black business investment
24 corporations; the Black Business Loan Program;
25 prohibited acts and penalties; eligibility for a loan,
26 loan guarantee, or investment; quarterly and annual
27 reports; and encouragement for the participation by
28 women, minorities, and socially disadvantaged business
29 enterprises, respectively; amending s. 20.60, F.S.;
30 revising the purpose of the Department of Commerce;
31 revising the responsibilities of the Division of
32 Economic Development within the department; assigning
33 responsibility to the division for the Office of
34 Secure Florida within the department; specifying the
35 responsibilities of the office; amending s. 212.08,
36 F.S.; deleting a prohibition that the Department of
37 Revenue may not issue temporary tax exemption
38 certificates after a specified date; amending s.
39 253.025, F.S.; providing an exemption for Federal
40 Government agencies regarding land being reverted to
41 the Board of Trustees of the Internal Improvement
42 Trust Fund if land conveyances are at less than the
43 appraised value; amending s. 287.012, F.S.; deleting
44 the definition of the term “minority business
45 enterprise”; amending s. 287.042, F.S.; conforming
46 provisions to changes made by the act; amending s.
47 287.09451, F.S.; revising legislative findings;
48 renaming the Office of Supplier Diversity as the
49 Office of Supplier Development; specifying that the
50 purpose and duties of the office are to assist rural
51 or urban business enterprises, rather than minority
52 business enterprises; conforming a provision to
53 changes made by the act; making technical changes;
54 amending s. 287.0947, F.S.; renaming the Florida
55 Advisory Council on Small and Minority Business
56 Development as the Florida Advisory Council on Small,
57 Rural, and Urban Business Development; revising the
58 composition of the council’s membership; revising the
59 council’s powers and duties; conforming a cross
60 reference; amending s. 288.001, F.S.; revising the
61 criteria for membership of the statewide advisory
62 board of the Florida Small Business Development Center
63 Network; amending s. 288.0065, F.S.; revising the list
64 of information that must be included in the Department
65 of Commerce’s annual incentives report; amending s.
66 288.1167, F.S.; revising the sports franchise contract
67 provisions for food and beverage concession and
68 contract awards; amending s. 288.1229, F.S.; revising
69 the representational criteria for the board of
70 directors of the Florida Sports Foundation; amending
71 s. 288.7015, F.S.; revising the duties of the state’s
72 rules ombudsman; amending s. 288.702, F.S.; renaming
73 the Florida Small and Minority Business Assistance Act
74 as the Florida Small Business Act; conforming a cross
75 reference; amending s. 288.703, F.S.; defining,
76 deleting, and revising terms; amending s. 288.705,
77 F.S.; requiring the Small Business Development Center,
78 in coordination with Minority Business Development
79 Centers, to compile and distribute certain information
80 to small businesses and businesses located in rural or
81 urban areas, rather than to minority businesses;
82 revising the list of information that must be included
83 by the Small Business Development Center in its annual
84 report to the Department of Commerce; amending s.
85 288.776, F.S.; deleting a membership requirement of
86 the board of directors of the Florida Export Finance
87 Corporation; creating s. 288.9628, F.S.; providing
88 legislative findings; establishing the Research,
89 Innovation, Science, and Engineering (RISE) Investment
90 Tax Credit Program within the Department of Commerce;
91 providing the purpose for the program; requiring the
92 department to coordinate with the Florida Opportunity
93 Fund and the State Board of Administration for a
94 specified purpose; defining terms; requiring an
95 applicant to apply to the department for authorization
96 to claim tax credits; requiring the department to
97 review and act upon such application within a
98 specified timeframe; requiring the applicant to
99 provide certain information required by the
100 department; specifying the information that must be
101 included in the application; requiring an applicant to
102 update its application if there has been a material
103 change; prohibiting tax credits from exceeding a
104 specified amount in a fiscal year; prohibiting the
105 department from issuing a tax credit to a qualifying
106 private fund until the private fund demonstrates it
107 has received its total capital commitment; prohibiting
108 the department from authorizing more than a specified
109 amount of tax credits to a qualifying private fund in
110 a fiscal year; requiring a qualifying private fund to
111 provide documentation to show that the qualifying
112 investment meets the department’s requirements to
113 issue a tax credit; providing that follow-on or add-on
114 capital commitments may only be considered after the
115 follow-on or add-on investment has been deployed;
116 requiring a qualifying private fund to make a
117 specified number of qualified investments in a
118 specified number of qualifying portfolio projects to
119 be eligible for a tax credit; specifying the
120 information that must be included in the submission by
121 a qualifying private fund; authorizing a qualifying
122 private fund to receive tax credits equivalent to a
123 certain percentage of a qualifying investment in a
124 qualifying portfolio company; requiring the department
125 to authorize the Department of Revenue to issue tax
126 credits to a qualifying private fund if certain
127 requirements are met; prohibiting the Department of
128 Revenue from issuing more than a specified fraction of
129 the tax credits authorized for a qualifying investment
130 in a qualifying portfolio company in a fiscal year;
131 authorizing credits received to be applied against the
132 qualifying private fund’s corporate income tax
133 liability; authorizing a qualifying private fund to
134 transfer or sell any portion of its tax credit;
135 requiring such transfer or sale to take place within a
136 specified timeframe, after which the credit expires;
137 prohibiting such transfer or sale if the department
138 authorizes the credit but the Department of Revenue
139 has not yet issued such credit; authorizing the
140 department to revoke or modify its previous decisions
141 if it is discovered that the qualifying private fund
142 submitted any false statement, representation, or
143 certification in its application or if information in
144 a previous application materially changes; requiring
145 the department to notify the Department of Revenue of
146 any such revocation or modification affecting
147 previously granted tax credits; requiring the
148 qualifying private fund to notify the Department of
149 Revenue of any change in its tax credit claimed;
150 requiring that a qualifying private fund annually
151 report to the department for each investment within a
152 specified timeframe in order to remain eligible to
153 receive tax credits; providing that failure to do so
154 will result in the qualifying private fund’s tax
155 credit being revoked; requiring a qualifying private
156 fund to submit specified information to the department
157 in order to receive a tax credit; requiring the
158 department to revoke its approval of tax credits for
159 the qualifying investment if it fails to meet certain
160 requirements; requiring the department to issue a
161 notice of revocation and recapture to the qualifying
162 private fund and the Department of Revenue; requiring
163 such qualifying private fund to repay to the
164 department an amount equal to a certain percentage of
165 the tax credits authorized by the department and
166 claimed by a qualifying portfolio company for the
167 qualifying investment; requiring that such funds be
168 deposited into the General Revenue Fund; providing
169 construction; requiring the department to include
170 specified information in its annual incentives report
171 beginning on a specified date and annually thereafter;
172 requiring that a certain percentage of tax credits be
173 made available during a specified period of time for a
174 specified purpose; requiring that all remaining tax
175 credits be made available during a specified period of
176 time on a first-come, first-served basis, subject to
177 eligibility of the qualifying investment; authorizing
178 the department to adopt rules; amending s. 290.0056,
179 F.S.; conforming provisions to changes made by the
180 act; amending s. 290.0057, F.S.; revising enterprise
181 zone development plan requirements to include business
182 investment corporations in rural or urban areas;
183 amending s. 331.302, F.S.; providing that Space
184 Florida is not an agency for purposes of its ability
185 to bid and contract for certain professional and
186 construction services under certain circumstances, and
187 is therefore exempt from certain requirements;
188 providing that moneys received by the person under
189 contract with Space Florida to provide certain goods
190 and services are not state or local government funds;
191 amending s. 445.08, F.S.; revising the minimum
192 eligibility requirements for the Florida Law
193 Enforcement Recruitment Bonus Payment Program for
194 newly employed law enforcement officers; deleting an
195 expiration date; amending s. 447.203, F.S.; revising
196 the definition of the term “managerial employees”;
197 authorizing local governments to enter into agreements
198 to create regional planning entities; amending ss.
199 17.11, 68.082, 120.52, 120.525, 120.65, 163.3164,
200 163.3177, 163.3178, 163.3184, 163.3245, 163.568,
201 164.1031, 186.003, 186.006, 186.007, 186.008, 186.803,
202 187.201, 212.096, 218.32, 255.101, 255.102, 258.501,
203 260.0142, 287.055, 287.057, 287.0943, 287.09431,
204 288.0001, 288.7031, 288.975, 290.004, 320.08058,
205 335.188, 339.155, 339.175, 339.285, 339.63, 339.64,
206 341.041, 343.54, 366.93, 369.303, 369.307, 373.309,
207 373.415, 376.3072, 377.703, 378.411, 380.031, 380.045,
208 380.05, 380.055, 380.06, 380.061, 380.07, 380.23,
209 380.507, 381.986, 403.031, 403.0752, 403.503,
210 403.50663, 403.507, 403.509, 403.5115, 403.5175,
211 403.518, 403.522, 403.526, 403.5271, 403.5272,
212 403.5363, 403.5365, 403.537, 403.704, 403.7225,
213 403.7226, 403.723, 403.9403, 403.941, 403.9422,
214 403.973, 408.033, 420.609, 473.3065, 501.171,
215 625.3255, 657.042, 658.67, and 1013.30, F.S.;
216 conforming provisions to changes made by the act;
217 revising and conforming cross-references; making
218 technical changes; reenacting s. 110.205(2)(w), F.S.,
219 relating to career service exemptions, to incorporate
220 the amendment made to s. 447.203, F.S., in references
221 thereto; reenacting ss. 163.3162(2)(d) and 373.129(8),
222 F.S., relating to agricultural lands and practices and
223 maintenance of actions, respectively, to incorporate
224 the amendment made to s. 164.1031, F.S., in references
225 thereto; reenacting s. 339.2819(1) and (3), F.S.,
226 relating to the Transportation Regional Incentive
227 Program, to incorporate the amendment made to s.
228 339.155, F.S., in references thereto; reenacting s.
229 380.0552(5) and (6), F.S., relating to the Florida
230 Keys Area, to incorporate the amendments made to ss.
231 380.045 and 380.05, F.S., in references thereto;
232 reenacting s. 403.5064(1)(a), F.S., relating to
233 application schedules, to incorporate the amendment
234 made to s. 403.507, F.S., in a reference thereto;
235 reenacting ss. 403.5251(1)(a) and 403.5271(1)(d) and
236 (f), F.S., relating to application and schedules and
237 alternate corridors, respectively, to incorporate the
238 amendment made to s. 403.526, F.S., in references
239 thereto; reenacting s. 403.9421(5)(c), F.S., relating
240 to fees and disposition, to incorporate the amendment
241 made to s. 403.941, F.S., in a reference thereto;
242 providing an effective date.
243
244 Be It Enacted by the Legislature of the State of Florida:
245
246 Section 1. Section 24.113, Florida Statutes, is repealed.
247 Section 2. Section 186.501, Florida Statutes, is repealed.
248 Section 3. Section 186.502, Florida Statutes, is repealed.
249 Section 4. Section 186.503, Florida Statutes, is repealed.
250 Section 5. Section 186.504, Florida Statutes, is repealed.
251 Section 6. Section 186.505, Florida Statutes, is repealed.
252 Section 7. Section 186.506, Florida Statutes, is repealed.
253 Section 8. Section 186.507, Florida Statutes, is repealed.
254 Section 9. Section 186.508, Florida Statutes, is repealed.
255 Section 10. Section 186.509, Florida Statutes, is repealed.
256 Section 11. Section 186.511, Florida Statutes, is repealed.
257 Section 12. Section 186.512, Florida Statutes, is repealed.
258 Section 13. Section 186.513, Florida Statutes, is repealed.
259 Section 14. Section 186.515, Florida Statutes, is repealed.
260 Section 15. Section 287.0931, Florida Statutes, is
261 repealed.
262 Section 16. Section 288.12266, Florida Statutes, is
263 repealed.
264 Section 17. Section 288.124, Florida Statutes, is repealed.
265 Section 18. Section 288.706, Florida Statutes, is repealed.
266 Section 19. Section 288.7094, Florida Statutes, is
267 repealed.
268 Section 20. Section 288.7102, Florida Statutes, is
269 repealed.
270 Section 21. Section 288.71025, Florida Statutes, is
271 repealed.
272 Section 22. Section 288.7103, Florida Statutes, is
273 repealed.
274 Section 23. Section 288.714, Florida Statutes, is repealed.
275 Section 24. Section 331.351, Florida Statutes, is repealed.
276 Section 25. Paragraphs (e) and (k) of subsection (4) and
277 paragraph (a) of subsection (5) of section 20.60, Florida
278 Statutes, are amended to read:
279 20.60 Department of Commerce; creation; powers and duties.—
280 (4) The purpose of the department is to assist the Governor
281 in working with the Legislature, state agencies, business
282 leaders, and economic development professionals to formulate and
283 implement coherent and consistent policies and strategies
284 designed to promote economic opportunities for all Floridians.
285 The department is the state’s chief agency for business
286 recruitment and expansion and economic development. To
287 accomplish such purposes, the department shall:
288 (e) Manage the activities of public-private partnerships
289 and state agencies in order to avoid duplication and promote
290 coordinated and consistent implementation of programs in areas
291 including, but not limited to, tourism; international trade and
292 investment; business recruitment, creation, retention, and
293 expansion; minority and small business development; business
294 development in rural or urban areas; defense, space, and
295 aerospace development; rural community development; and the
296 development and promotion of professional and amateur sporting
297 events.
298 (k) Assist, promote, and enhance economic opportunities for
299 this state’s minority-owned businesses and rural or and urban
300 communities.
301 (5) The divisions within the department have specific
302 responsibilities to achieve the duties, responsibilities, and
303 goals of the department. Specifically:
304 (a) The Division of Economic Development shall:
305 1. Analyze and evaluate business prospects identified by
306 the Governor and the secretary.
307 2. Administer certain tax refund, tax credit, and grant
308 programs created in law. Notwithstanding any other provision of
309 law, the department may expend interest earned from the
310 investment of program funds deposited in the Grants and
311 Donations Trust Fund to contract for the administration of those
312 programs, or portions of the programs, assigned to the
313 department by law, by the appropriations process, or by the
314 Governor. Such expenditures are shall be subject to review under
315 chapter 216.
316 3. Develop measurement protocols for the state incentive
317 programs and for the contracted entities which will be used to
318 determine their performance and competitive value to the state.
319 Performance measures, benchmarks, and sanctions must be
320 developed in consultation with the legislative appropriations
321 committees and the appropriate substantive committees, and are
322 subject to the review and approval process provided in s.
323 216.177. The approved performance measures, standards, and
324 sanctions must shall be included and made a part of the
325 strategic plan for contracts entered into for delivery of
326 programs authorized by this section.
327 4. Develop a 5-year statewide strategic plan. The strategic
328 plan must include, but need not be limited to:
329 a. Strategies for the promotion of business formation,
330 expansion, recruitment, and retention through aggressive
331 marketing, attraction of venture capital and finance
332 development, domestic trade, international development, and
333 export assistance, which lead to more and better jobs and higher
334 wages for all geographic regions, disadvantaged communities, and
335 populations of the state, including rural areas, minority
336 businesses, and urban core areas.
337 b. The development of realistic policies and programs to
338 further the economic diversity of the state, its regions, and
339 their associated industrial clusters.
340 c. Specific provisions for the stimulation of economic
341 development and job creation in rural areas and midsize cities
342 and counties of the state, including strategies for rural
343 marketing and the development of infrastructure in rural areas.
344 d. Provisions for the promotion of the successful long-term
345 economic development of the state with increased emphasis in
346 market research and information.
347 e. Plans for the generation of foreign investment in the
348 state which create jobs paying above-average wages and which
349 result in reverse investment in the state, including programs
350 that establish viable overseas markets, assist in meeting the
351 financing requirements of export-ready firms, broaden
352 opportunities for international joint venture relationships, use
353 the resources of academic and other institutions, coordinate
354 trade assistance and facilitation services, and facilitate
355 availability of and access to education and training programs
356 that assure requisite skills and competencies necessary to
357 compete successfully in the global marketplace.
358 f. The identification of business sectors that are of
359 current or future importance to the state’s economy and to the
360 state’s global business image, and development of specific
361 strategies to promote the development of such sectors.
362 g. Strategies for talent development necessary in the state
363 to encourage economic development growth, taking into account
364 factors such as the state’s talent supply chain, education and
365 training opportunities, and available workforce.
366 h. Strategies and plans to support this state’s defense,
367 space, and aerospace industries and the emerging complementary
368 business activities and industries that support the development
369 and growth of defense, space, and aerospace in this state.
370 5. Update the strategic plan every 5 years.
371 6. Involve CareerSource Florida, Inc.; direct-support
372 organizations of the department; local governments; the general
373 public; local and regional economic development organizations;
374 other local, state, and federal economic, international, and
375 workforce development entities; the business community; and
376 educational institutions to assist with the strategic plan.
377 7. Coordinate with the Florida Tourism Industry Marketing
378 Corporation in the development of the 4-year marketing plan
379 pursuant to s. 288.1226(13).
380 8. Administer and manage relationships, as appropriate,
381 with the entities and programs created pursuant to the Florida
382 Capital Formation Act, ss. 288.9621-288.96255.
383 9. Establish the Office of Secure Florida. The office is
384 responsible for administering and enforcing:
385 a. E-Verify and employment authorization compliance, as set
386 forth in ss. 448.09 and 448.095.
387 b. The prohibition against the purchase and registration of
388 real property in this state by foreign principals, as set forth
389 in ss. 692.203 and 692.204.
390 Section 26. Paragraph (r) of subsection (5) of section
391 212.08, Florida Statutes, is amended to read:
392 212.08 Sales, rental, use, consumption, distribution, and
393 storage tax; specified exemptions.—The sale at retail, the
394 rental, the use, the consumption, the distribution, and the
395 storage to be used or consumed in this state of the following
396 are hereby specifically exempt from the tax imposed by this
397 chapter.
398 (5) EXEMPTIONS; ACCOUNT OF USE.—
399 (r) Data center property.—
400 1. As used in this paragraph, the term:
401 a. “Critical IT load” means that portion of electric power
402 capacity, expressed in terms of megawatts, which is reserved
403 solely for owners or tenants of a data center to operate their
404 computer server equipment. The term does not include any
405 ancillary load for cooling, lighting, common areas, or other
406 equipment.
407 b. “Cumulative capital investment” means the combined total
408 of all expenses incurred by the owners or tenants of a data
409 center after July 1, 2017, in connection with acquiring,
410 constructing, installing, equipping, or expanding the data
411 center. However, the term does not include any expenses incurred
412 in the acquisition of improved real property operating as a data
413 center at the time of acquisition or within 6 months before the
414 acquisition.
415 c. “Data center” means a facility that:
416 (I) Consists of one or more contiguous parcels in this
417 state, along with the buildings, substations and other
418 infrastructure, fixtures, and personal property located on the
419 parcels;
420 (II) Is used exclusively to house and operate equipment
421 that receives, stores, aggregates, manages, processes,
422 transforms, retrieves, researches, or transmits data; or that is
423 necessary for the proper operation of equipment that receives,
424 stores, aggregates, manages, processes, transforms, retrieves,
425 researches, or transmits data;
426 (III) Has a critical IT load of 15 megawatts or higher, and
427 a critical IT load of 1 megawatt or higher dedicated to each
428 individual owner or tenant within the data center; and
429 (IV) Is constructed on or after July 1, 2017.
430 d. “Data center property” means property used exclusively
431 at a data center to construct, outfit, operate, support, power,
432 cool, dehumidify, secure, or protect a data center and any
433 contiguous dedicated substations. The term includes, but is not
434 limited to, construction materials, component parts, machinery,
435 equipment, computers, servers, installations, redundancies, and
436 operating or enabling software, including any replacements,
437 updates and new versions, and upgrades to or for such property,
438 regardless of whether the property is a fixture or is otherwise
439 affixed to or incorporated into real property. The term also
440 includes electricity used exclusively at a data center.
441 2. Data center property is exempt from the tax imposed by
442 this chapter, except for the tax imposed by s. 212.031. To be
443 eligible for the exemption provided by this paragraph, the data
444 center’s owners and tenants must make a cumulative capital
445 investment of $150 million or more for the data center and the
446 data center must have a critical IT load of 15 megawatts or
447 higher and a critical IT load of 1 megawatt or higher dedicated
448 to each individual owner or tenant within the data center. Each
449 of these requirements must be satisfied no later than 5 years
450 after the commencement of construction of the data center.
451 3.a. To receive the exemption provided by this paragraph,
452 the person seeking the exemption must apply to the department
453 for a temporary tax exemption certificate. The application must
454 state that a qualifying data center designation is being sought
455 and provide information that the requirements of subparagraph 2.
456 will be met. Upon a tentative determination by the department
457 that the data center will meet the requirements of subparagraph
458 2., the department must issue the certificate.
459 b.(I) The certificateholder shall maintain all necessary
460 books and records to support the exemption provided by this
461 paragraph. Upon satisfaction of all requirements of subparagraph
462 2., the certificateholder must deliver the temporary tax
463 certificate to the department together with documentation
464 sufficient to show the satisfaction of the requirements. Such
465 documentation must include written declarations, pursuant to s.
466 92.525, from:
467 (A) A professional engineer, licensed pursuant to chapter
468 471, certifying that the critical IT load requirement set forth
469 in subparagraph 2. has been satisfied at the data center; and
470 (B) A Florida certified public accountant, as defined in s.
471 473.302, certifying that the cumulative capital investment
472 requirement set forth in subparagraph 2. has been satisfied for
473 the data center.
474
475 The professional engineer and the Florida certified public
476 accountant may not be professionally related with the data
477 center’s owners, tenants, or contractors, except that they may
478 be retained by a data center owner to certify that the
479 requirements of subparagraph 2. have been met.
480 (II) If the department determines that the subparagraph 2.
481 requirements have been satisfied, the department must issue a
482 permanent tax exemption certificate.
483 (III) Notwithstanding s. 212.084(4), the permanent tax
484 exemption certificate remains valid and effective for as long as
485 the data center described in the exemption application continues
486 to operate as a data center as defined in subparagraph 1., with
487 review by the department every 5 years to ensure compliance. As
488 part of the review, the certificateholder shall, within 3 months
489 before the end of any 5-year period, submit a written
490 declaration, pursuant to s. 92.525, certifying that the critical
491 IT load of 15 megawatts or higher and the critical IT load of 1
492 megawatt or higher dedicated to each individual owner or tenant
493 within the data center required by subparagraph 2. continues to
494 be met. All owners, tenants, contractors, and others purchasing
495 exempt data center property shall maintain all necessary books
496 and records to support the exemption as to those purchases.
497 (IV) Notwithstanding s. 213.053, the department may share
498 information concerning a temporary or permanent data center
499 exemption certificate among all owners, tenants, contractors,
500 and others purchasing exempt data center property pursuant to
501 such certificate.
502 c. If, in an audit conducted by the department, it is
503 determined that the certificateholder or any owners, tenants,
504 contractors, or others purchasing, renting, or leasing data
505 center property do not meet the criteria of this paragraph, the
506 amount of taxes exempted at the time of purchase, rental, or
507 lease is immediately due and payable to the department from the
508 purchaser, renter, or lessee of those particular items, together
509 with the appropriate interest and penalty computed from the date
510 of purchase in the manner prescribed by this chapter.
511 Notwithstanding s. 95.091(3)(a), any tax due as provided in this
512 sub-subparagraph may be assessed by the department within 6
513 years after the date the data center property was purchased.
514 d. Purchasers, lessees, and renters of data center property
515 who qualify for the exemption provided by this paragraph shall
516 obtain from the data center a copy of the tax exemption
517 certificate issued pursuant to sub-subparagraph a. or sub
518 subparagraph b. Before or at the time of purchase of the item or
519 items eligible for exemption, the purchaser, lessee, or renter
520 shall provide to the seller a copy of the tax exemption
521 certificate and a signed certificate of entitlement. Purchasers,
522 lessees, and renters with self-accrual authority shall maintain
523 all documentation necessary to prove the exempt status of
524 purchases.
525 e. For any purchase, lease, or rental of property that is
526 exempt pursuant to this paragraph, the possession of a copy of a
527 tax exemption certificate issued pursuant to sub-subparagraph a.
528 or sub-subparagraph b. and a signed certificate of entitlement
529 relieves the seller of the responsibility of collecting the tax
530 on the sale, lease, or rental of such property, and the
531 department must look solely to the purchaser, renter, or lessee
532 for recovery of the tax if it determines that the purchase,
533 rental, or lease was not entitled to the exemption.
534 4. After June 30, 2027, the department may not issue a
535 temporary tax exemption certificate pursuant to this paragraph.
536 Section 27. Paragraph (d) of subsection (21) of section
537 253.025, Florida Statutes, is amended to read:
538 253.025 Acquisition of state lands.—
539 (21)
540 (d) A conveyance at less than appraised value must state
541 that the land will revert to the board of trustees if the land
542 is not used for its intended purposes as a military installation
543 buffer or if the military installation closes. Federal
544 Government agencies, including the Department of Defense and its
545 subordinate Departments of the Army, Navy, and Air Force, and
546 the Department of Homeland Security’s United States Coast Guard,
547 are exempt from this paragraph if the primary purpose of
548 remaining as a military installation buffer continues, even
549 though the specific military purpose, mission, and function on
550 the conveyed land is modified or changes from that which was
551 present or proposed at the time of the conveyance.
552 Section 28. Subsection (18) of section 287.012, Florida
553 Statutes, is amended to read:
554 287.012 Definitions.—As used in this part, the term:
555 (18) “Minority business enterprise” has the same meaning as
556 provided in s. 288.703.
557 Section 29. Paragraph (a) of subsection (2) and paragraph
558 (b) of subsection (3) of section 287.042, Florida Statutes, are
559 amended to read:
560 287.042 Powers, duties, and functions.—The department shall
561 have the following powers, duties, and functions:
562 (2)(a) To establish purchasing agreements and procure state
563 term contracts for commodities and contractual services,
564 pursuant to s. 287.057, under which state agencies shall, and
565 eligible users may, make purchases pursuant to s. 287.056. The
566 department may restrict purchases from some term contracts to
567 state agencies only for those term contracts where the inclusion
568 of other governmental entities will have an adverse effect on
569 competition or to those federal facilities located in this
570 state. In such planning or purchasing the Office of Supplier
571 Development Diversity may monitor to ensure that opportunities
572 are afforded for contracting with rural or urban minority
573 business enterprises. The department, for state term contracts,
574 and all agencies, for multiyear contractual services or term
575 contracts, shall explore reasonable and economical means to
576 utilize certified rural or urban minority business enterprises.
577 Purchases by any county, municipality, private nonprofit
578 community transportation coordinator designated pursuant to
579 chapter 427, while conducting business related solely to the
580 Commission for the Transportation Disadvantaged, or other local
581 public agency under the provisions in the state purchasing
582 contracts, and purchases, from the corporation operating the
583 correctional work programs, of products or services that are
584 subject to paragraph (1)(f), are exempt from the competitive
585 solicitation requirements otherwise applying to their purchases.
586 (3) To establish a system of coordinated, uniform
587 procurement policies, procedures, and practices to be used by
588 agencies in acquiring commodities and contractual services,
589 which shall include, but not be limited to:
590 (b)1. Development of procedures for advertising
591 solicitations. These procedures must provide for electronic
592 posting of solicitations for at least 10 days before the date
593 set for receipt of bids, proposals, or replies, unless the
594 department or other agency determines in writing that a shorter
595 period of time is necessary to avoid harming the interests of
596 the state. The Office of Supplier Development Diversity may
597 consult with the department regarding the development of
598 solicitation distribution procedures to ensure that maximum
599 distribution is afforded to certified rural or urban minority
600 business enterprises as defined in s. 288.703.
601 2. Development of procedures for electronic posting. The
602 department shall designate a centralized website on the Internet
603 for the department and other agencies to electronically post
604 solicitations, decisions or intended decisions, and other
605 matters relating to procurement.
606 Section 30. Section 287.09451, Florida Statutes, is amended
607 to read:
608 287.09451 Office of Supplier Development Diversity; powers,
609 duties, and functions.—
610 (1) The Legislature finds that there is evidence of a
611 systematic pattern of past and continuing racial discrimination
612 against rural or urban minority business enterprises and a
613 disparity in the availability and use of such rural or urban
614 minority business enterprises in the state procurement system.
615 It is determined to be a compelling state interest to rectify
616 such discrimination and disparity. Based upon statistical data
617 profiling this discrimination, the Legislature has enacted race
618 conscious and gender-conscious remedial programs to ensure rural
619 or urban minority participation in the economic life of the
620 state, in state contracts for the purchase of commodities and
621 services, and in construction contracts. The purpose and intent
622 of this section is to increase participation by minority
623 business enterprises in rural or urban areas, accomplished by
624 encouraging the use of such rural or urban minority business
625 enterprises and the entry of new and diversified rural or urban
626 minority business enterprises into the marketplace.
627 (2) The Office of Supplier Development Diversity is
628 established within the Department of Management Services to
629 assist minority business enterprises located in rural or urban
630 areas in becoming suppliers of commodities, services, and
631 construction to state government.
632 (3) The secretary shall appoint an executive director for
633 the Office of Supplier Development Diversity, who shall serve at
634 the pleasure of the secretary.
635 (4) The Office of Supplier Development has Diversity shall
636 have the following powers, duties, and functions:
637 (a) To adopt rules to determine what constitutes a “good
638 faith effort” for purposes of state agency compliance with the
639 rural or urban minority business enterprise procurement goals
640 set forth in s. 287.042. Factors which must shall be considered
641 by the Minority Business Enterprise Assistance Office in
642 determining good faith effort must shall include, but are not be
643 limited to:
644 1. Whether the agency scheduled presolicitation or prebid
645 meetings for the purpose of informing rural or urban minority
646 business enterprises of contracting and subcontracting
647 opportunities.
648 2. Whether the contractor advertised in general
649 circulation, trade association, or rural-focused or urban
650 focused minority-focus media concerning the subcontracting
651 opportunities.
652 3. Whether the agency effectively used services and
653 resources of available rural or urban minority community
654 organizations; minority contractors’ groups located in rural or
655 urban areas; local, state, and federal minority business
656 assistance offices urban businesses located in rural or urban
657 areas; and other organizations that provide assistance in the
658 recruitment and placement of rural or urban minority business
659 enterprises or minority persons.
660 4. Whether the agency provided written notice to a
661 reasonable number of rural or urban minority business
662 enterprises that their interest in contracting with the agency
663 was being solicited in sufficient time to allow the rural or
664 urban minority business enterprises to participate effectively.
665 (b) To adopt rules to determine what constitutes a “good
666 faith effort” for purposes of contractor compliance with
667 contractual requirements relating to the use of services or
668 commodities of a rural or urban minority business enterprise
669 under s. 287.094(2). Factors which must shall be considered by
670 the Office of Supplier Development Diversity in determining
671 whether a contractor has made good faith efforts must shall
672 include, but are not be limited to:
673 1. Whether the contractor attended any presolicitation or
674 prebid meetings that were scheduled by the agency to inform
675 rural or urban minority business enterprises of contracting and
676 subcontracting opportunities.
677 2. Whether the contractor advertised in general
678 circulation, trade association, or rural-focused or urban
679 focused minority-focus media concerning the subcontracting
680 opportunities.
681 3. Whether the contractor provided written notice to a
682 reasonable number of specific rural or urban minority business
683 enterprises that their interest in the contract was being
684 solicited in sufficient time to allow the rural or urban
685 minority business enterprises to participate effectively.
686 4. Whether the contractor followed up initial solicitations
687 of interest by contacting rural or urban minority business
688 enterprises or minority persons to determine with certainty
689 whether the rural or urban minority business enterprises or
690 minority persons were interested.
691 5. Whether the contractor selected portions of the work to
692 be performed by rural or urban minority business enterprises in
693 order to increase the likelihood of meeting the rural or urban
694 minority business enterprise procurement goals, including, where
695 appropriate, breaking down contracts into economically feasible
696 units to facilitate rural or urban minority business enterprise
697 participation.
698 6. Whether the contractor provided interested rural or
699 urban minority business enterprises or minority persons with
700 adequate information about the plans, specifications, and
701 requirements of the contract or the availability of jobs.
702 7. Whether the contractor negotiated in good faith with
703 interested rural or urban minority business enterprises or
704 minority persons, not rejecting rural or urban minority business
705 enterprises or minority persons as unqualified without sound
706 reasons based on a thorough investigation of their capabilities.
707 8. Whether the contractor effectively used the services of
708 available rural or urban minority community organizations; rural
709 or urban minority contractors’ groups; local, state, and federal
710 rural or urban minority business assistance offices; and other
711 organizations that provide assistance in the recruitment and
712 placement of rural or urban minority business enterprises or
713 minority persons.
714 (c) To adopt rules and do all things necessary or
715 convenient to guide all state agencies toward making
716 expenditures for commodities, contractual services,
717 construction, and architectural and engineering services with
718 certified rural or urban minority business enterprises in
719 accordance with the rural or urban minority business enterprise
720 procurement goals set forth in s. 287.042.
721 (d) To monitor the degree to which agencies procure
722 services, commodities, and construction from rural or urban
723 minority business enterprises in conjunction with the Department
724 of Financial Services as specified in s. 17.11.
725 (e) To receive and disseminate information relative to
726 procurement opportunities, availability of rural or urban
727 minority business enterprises, and technical assistance.
728 (f) To advise agencies on methods and techniques for
729 achieving procurement objectives.
730 (g) To provide a central rural or urban minority business
731 enterprise certification process which includes independent
732 verification of status as a rural or urban minority business
733 enterprise.
734 (h) To develop procedures to investigate complaints against
735 rural or urban minority business enterprises or contractors
736 alleged to violate any provision related to this section or s.
737 287.0943, that may include visits to worksites or business
738 premises, and to refer all information on businesses suspected
739 of misrepresenting its rural or urban minority status to the
740 Department of Management Services for investigation. When an
741 investigation is completed and there is reason to believe that a
742 violation has occurred, the matter shall be referred to the
743 office of the Attorney General, Department of Legal Affairs, for
744 prosecution.
745 (i) To maintain a directory of all rural or urban minority
746 business enterprises which have been certified and provide this
747 information to any agency or business requesting it.
748 (j) To encourage all firms which do more than $1 million in
749 business with the state within a 12-month period to develop,
750 implement, and submit to this office a rural or urban minority
751 business development plan.
752 (k) To communicate on a monthly basis with the Small and
753 Minority Business Advisory Council to keep the council informed
754 on issues relating to rural or urban minority enterprise
755 procurement.
756 (l) To serve as an advocate for rural or urban minority
757 business enterprises, and coordinate with the small, rural, and
758 minority business ombudsman, as defined in s. 288.703, which
759 duties shall include:
760 1. Ensuring that agencies supported by state funding
761 effectively target the delivery of services and resources, as
762 related to rural or urban minority business enterprises.
763 2. Establishing standards within each industry with which
764 the state government contracts on how agencies and contractors
765 may provide the maximum practicable opportunity for rural or
766 urban minority business enterprises.
767 3. Assisting agencies and contractors by providing outreach
768 to rural or urban minority businesses, by specifying and
769 monitoring technical and managerial competence for rural or
770 urban minority business enterprises, and by consulting in
771 planning of agency procurement to determine how best to provide
772 opportunities for rural or urban minority business enterprises.
773 4. Integrating technical and managerial assistance for
774 rural or urban minority business enterprises with government
775 contracting opportunities.
776 (m) To certify rural or urban minority business
777 enterprises, as defined in s. 288.703, and as specified in ss.
778 287.0943 and 287.09431, and shall recertify such rural or urban
779 minority businesses at least once every 2 years. Rural or urban
780 Minority business enterprises must be recertified at least once
781 every 2 years. Such certifications may include an electronic
782 signature.
783 (n)1. To develop procedures to be used by an agency in
784 identifying commodities, contractual services, architectural and
785 engineering services, and construction contracts, except those
786 architectural, engineering, construction, or other related
787 services or contracts subject to the provisions of chapter 339,
788 that could be provided by rural or urban minority business
789 enterprises. Each agency is encouraged to spend 21 percent of
790 the moneys actually expended for construction contracts, 25
791 percent of the moneys actually expended for architectural and
792 engineering contracts, 24 percent of the moneys actually
793 expended for commodities, and 50.5 percent of the moneys
794 actually expended for contractual services during the previous
795 fiscal year, except for the state university construction
796 program which are shall be based upon public education capital
797 outlay projections for the subsequent fiscal year, and reported
798 to the Legislature pursuant to s. 216.023, for the purpose of
799 entering into contracts with certified rural or urban minority
800 business enterprises as defined in s. 288.703, or approved joint
801 ventures. However, in the event of budget reductions pursuant to
802 s. 216.221, the base amounts may be adjusted to reflect such
803 reductions. The overall spending goal for each industry category
804 shall be subdivided as follows:
805 a. For construction contracts: 4 percent for black
806 Americans, 6 percent for Hispanic-Americans, and 11 percent for
807 American women.
808 b. For architectural and engineering contracts: 9 percent
809 for Hispanic-Americans, 1 percent for Asian-Americans, and 15
810 percent for American women.
811 c. For commodities: 2 percent for black Americans, 4
812 percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
813 0.5 percent for Native Americans, and 17 percent for American
814 women.
815 d. For contractual services: 6 percent for black Americans,
816 7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
817 0.5 percent for Native Americans, and 36 percent for American
818 women.
819 2. For the purposes of commodities contracts for the
820 purchase of equipment to be used in the construction and
821 maintenance of state transportation facilities involving the
822 Department of Transportation, the term terms “certified rural or
823 urban minority business enterprise” has the same meaning as and
824 “minority person” have the same meanings as provided in s.
825 288.703. In order to ensure that the goals established under
826 this paragraph for contracting with certified rural or urban
827 minority business enterprises are met, the department, with the
828 assistance of the Office of Supplier Development Diversity,
829 shall make recommendations to the Legislature on revisions to
830 the goals, based on an updated statistical analysis, at least
831 once every 5 years. Such recommendations must shall be based on
832 statistical data indicating the availability of and disparity in
833 the use of rural or urban minority businesses contracting with
834 the state.
835 3. In determining the base amounts for assessing compliance
836 with this paragraph, the Office of Supplier Development
837 Diversity may develop, by rule, guidelines for all agencies to
838 use in establishing such base amounts. These rules must include,
839 but are not limited to, guidelines for calculation of base
840 amounts, a deadline for the agencies to submit base amounts, a
841 deadline for approval of the base amounts by the Office of
842 Supplier Development Diversity, and procedures for adjusting the
843 base amounts as a result of budget reductions made pursuant to
844 s. 216.221.
845 4. To determine guidelines for the use of price
846 preferences, weighted preference formulas, or other preferences,
847 as appropriate to the particular industry or trade, to increase
848 the participation of rural or urban minority businesses in state
849 contracting. These guidelines must shall include consideration
850 of:
851 a. Size and complexity of the project.
852 b. The concentration of transactions with rural or urban
853 minority business enterprises for the commodity or contractual
854 services in question in prior agency contracting.
855 c. The specificity and definition of work allocated to
856 participating rural or urban minority business enterprises.
857 d. The capacity of participating rural or urban minority
858 business enterprises to complete the tasks identified in the
859 project.
860 e. The available pool of rural or urban minority business
861 enterprises as prime contractors, either alone or as partners in
862 an approved joint venture that serves as the prime contractor.
863 5. To determine guidelines for use of joint ventures to
864 meet rural or urban minority business enterprises spending
865 goals. For purposes of this section, the term “joint venture”
866 means any association of two or more business concerns to carry
867 out a single business enterprise for profit, for which purpose
868 they combine their property, capital, efforts, skills, and
869 knowledge. The guidelines must shall allow transactions with
870 joint ventures to be eligible for credit against the rural or
871 urban minority business enterprise goals of an agency when the
872 contracting joint venture demonstrates that at least one partner
873 to the joint venture is a certified rural or urban minority
874 business enterprise as defined in s. 288.703, and that such
875 partner is responsible for a clearly defined portion of the work
876 to be performed, and shares in the ownership, control,
877 management, responsibilities, risks, and profits of the joint
878 venture. Such demonstration must shall be by verifiable
879 documents and sworn statements and may be reviewed by the Office
880 of Supplier Development Diversity at or before the time a
881 contract bid, proposal, or reply is submitted. An agency may
882 count toward its rural or urban minority business enterprise
883 goals a portion of the total dollar amount of a contract equal
884 to the percentage of the ownership and control held by the
885 qualifying certified rural or urban minority business partners
886 in the contracting joint venture, so long as the joint venture
887 meets the guidelines adopted by the office.
888 (o)1. To establish a system to record and measure the use
889 of certified rural or urban minority business enterprises in
890 state contracting. This system must shall maintain information
891 and statistics on certified rural or urban minority business
892 enterprise participation, awards, dollar volume of expenditures
893 and agency goals, and other appropriate types of information to
894 analyze progress in the access of certified rural or urban
895 minority business enterprises to state contracts and to monitor
896 agency compliance with this section. Such reporting must
897 include, but is not limited to, the identification of all
898 subcontracts in state contracting by dollar amount and by number
899 of subcontracts and the identification of the utilization of
900 certified rural or urban minority business enterprises as prime
901 contractors and subcontractors by dollar amounts of contracts
902 and subcontracts, number of contracts and subcontracts, minority
903 status, industry, and any conditions or circumstances that
904 significantly affected the performance of subcontractors.
905 Agencies shall report their compliance with the requirements of
906 this reporting system at least annually and at the request of
907 the office. All agencies shall cooperate with the office in
908 establishing this reporting system. Except in construction
909 contracting, all agencies shall review contracts costing in
910 excess of CATEGORY FOUR as defined in s. 287.017 to determine
911 whether if such contracts could be divided into smaller
912 contracts to be separately solicited and awarded, and shall,
913 when economical, offer such smaller contracts to encourage rural
914 or urban minority participation.
915 2. To report agency compliance with the provisions of
916 subparagraph 1. for the preceding fiscal year to the Governor
917 and Cabinet, the President of the Senate, and the Speaker of the
918 House of Representatives on or before February 1 of each year.
919 The report must contain, at a minimum, the following:
920 a. Total expenditures of each agency by industry.
921 b. The dollar amount and percentage of contracts awarded to
922 certified rural or urban minority business enterprises by each
923 state agency.
924 c. The dollar amount and percentage of contracts awarded
925 indirectly to certified rural or urban minority business
926 enterprises as subcontractors by each state agency.
927 d. The total dollar amount and percentage of contracts
928 awarded to certified rural or urban minority business
929 enterprises, whether directly or indirectly, as subcontractors.
930 e. A statement and assessment of good faith efforts taken
931 by each state agency.
932 f. A status report of agency compliance with subsection
933 (6), as determined by the Rural or Urban Minority Business
934 Enterprise Office.
935 (5)(a) Each agency shall, at the time the specifications or
936 designs are developed or contract sizing is determined for any
937 proposed procurement costing in excess of CATEGORY FOUR, as
938 defined in s. 287.017, forward a notice to the Office of
939 Supplier Development Diversity of the proposed procurement and
940 any determination on the designs of specifications of the
941 proposed procurement that impose requirements on prospective
942 vendors, no later than 30 days before prior to the issuance of a
943 solicitation, except that this provision does shall not apply to
944 emergency acquisitions. The 30-day notice period does shall not
945 toll the time for any other procedural requirements.
946 (b) If the Office of Supplier Development Diversity
947 determines that the proposed procurement will not likely allow
948 opportunities for rural or urban minority business enterprises,
949 the office may, within 20 days after it receives the information
950 specified in paragraph (a), propose the implementation of rural
951 or urban minority business enterprise utilization provisions or
952 submit alternative procurement methods that would significantly
953 increase rural or urban minority business enterprise contracting
954 opportunities.
955 (c) Whenever the agency and the Office of Supplier
956 Development Diversity disagree, the matter must shall be
957 submitted for determination to the head of the agency or the
958 senior-level official designated pursuant to this section as
959 liaison for rural or urban minority business enterprise issues.
960 (d) If the proposed procurement proceeds to competitive
961 solicitation, the office is hereby granted standing to protest,
962 pursuant to this section, in a timely manner, any contract award
963 during competitive solicitation for contractual services and
964 construction contracts that fail to include rural or urban
965 minority business enterprise participation, if any responsible
966 and responsive vendor has demonstrated the ability to achieve
967 any level of participation, or, any contract award for
968 commodities where, a reasonable and economical opportunity to
969 reserve a contract, statewide or district level, for rural or
970 urban minority participation was not executed or, an agency
971 failed to adopt an applicable preference for rural or urban
972 minority participation. The bond requirement is shall be waived
973 for the office purposes of this subsection.
974 (e) An agency may presume that a vendor offering no rural
975 or urban minority participation has not made a good faith effort
976 when other vendors offer rural or urban minority participation
977 of firms listed as relevant to the agency’s purchasing needs in
978 the pertinent locality or statewide to complete the project.
979 (f) Paragraph (a) will not apply when the Office of
980 Supplier Development Diversity determines that an agency has
981 established a work plan to allow advance consultation and
982 planning with rural or urban minority business enterprises and
983 where such plan clearly demonstrates:
984 1. A high level of advance planning by the agency with
985 rural or urban minority business enterprises.
986 2. A high level of accessibility, knowledge, and experience
987 by rural or urban minority business enterprises in the agency’s
988 contract decisionmaking process.
989 3. A high quality of agency monitoring and enforcement of
990 internal implementation of rural or urban minority business
991 utilization provisions.
992 4. A high quality of agency monitoring and enforcement of
993 contractor utilization of rural or urban minority business
994 enterprises, especially tracking subcontractor data, and
995 ensuring the integrity of subcontractor reporting.
996 5. A high quality of agency outreach, agency networking of
997 major vendors with rural or urban minority vendors, and
998 innovation in techniques to improve utilization of rural or
999 urban minority business enterprises.
1000 6. Substantial commitment, sensitivity, and proactive
1001 attitude by the agency head and among the agency rural or urban
1002 minority business staff.
1003 (6) Each state agency shall coordinate its rural or urban
1004 minority business enterprise procurement activities with the
1005 Office of Supplier Development Diversity. At a minimum, each
1006 agency shall:
1007 (a) Adopt a rural or urban minority business enterprise
1008 utilization plan for review and approval by the Office of
1009 Supplier Development Diversity which should require meaningful
1010 and useful methods to attain the legislative intent in assisting
1011 rural or urban minority business enterprises.
1012 (b) Designate a senior-level employee in the agency as a
1013 rural or urban minority enterprise assistance officer,
1014 responsible for overseeing the agency’s rural or urban minority
1015 business utilization activities, and who is not also charged
1016 with purchasing responsibility. A senior-level agency employee
1017 and agency purchasing officials is shall be accountable to the
1018 agency head for the agency’s rural or urban minority business
1019 utilization performance. The Office of Supplier Development
1020 Diversity shall advise each agency on compliance performance.
1021 (c) If an agency deviates significantly from its
1022 utilization plan in 2 consecutive or 3 out of 5 total fiscal
1023 years, the Office of Supplier Development Diversity may review
1024 any and all solicitations and contract awards of the agency as
1025 deemed necessary until such time as the agency meets its
1026 utilization plan.
1027 Section 31. Section 287.0947, Florida Statutes, is amended
1028 to read:
1029 287.0947 Florida Advisory Council on Small, Rural, and
1030 Urban and Minority Business Development; creation; membership;
1031 duties.—
1032 (1) The Secretary of Management Services may create the
1033 Florida Advisory Council on Small, Rural, and Urban and Minority
1034 Business Development with the purpose of advising and assisting
1035 the secretary in carrying out the secretary’s duties with
1036 respect to rural or urban minority businesses and economic and
1037 business development. It is the intent of the Legislature that
1038 the membership of such council include practitioners,
1039 laypersons, financiers, and others with business development
1040 experience who can provide invaluable insight and expertise for
1041 this state in the diversification of its markets and networking
1042 of business opportunities. The council shall initially be
1043 composed consist of 19 persons, each of whom is or has been
1044 actively engaged in small, rural, or urban and minority business
1045 development, either in private industry, in governmental
1046 service, or as a scholar of recognized achievement in the study
1047 of such matters. Initially, the council shall be composed
1048 consist of members representing all regions of this the state
1049 and shall include at least one member from each group identified
1050 within the definition of “minority person” in s. 288.703 s.
1051 288.703(4), considering also gender and nationality subgroups,
1052 and shall be composed consist of the following:
1053 (a) Four members consisting of representatives of local and
1054 federal small, rural, or urban and minority business assistance
1055 programs or community development programs.
1056 (b) Eight members representing composed of representatives
1057 of the rural or urban minority private business sectors sector,
1058 including certified rural or urban minority business enterprises
1059 and rural or urban minority supplier development councils, among
1060 whom at least two are shall be women and at least four are shall
1061 be minority persons.
1062 (c) Two representatives of local government, one of whom is
1063 shall be a representative of a large local government, and one
1064 of whom is shall be a representative of a small local
1065 government.
1066 (d) Two representatives from the banking and insurance
1067 industry.
1068 (e) Two members from the private business sector,
1069 representing the construction and commodities industries.
1070 (f) The Secretary of Commerce or his or her designee.
1071
1072 A candidate for appointment may be considered if eligible to be
1073 certified as an owner of a rural or urban minority business
1074 enterprise, or if otherwise qualified under the criteria above.
1075 Vacancies may be filled by appointment of the secretary, in the
1076 manner of the original appointment.
1077 (2) Each appointed member shall serve for a term of 2 years
1078 from the date of appointment, except that a vacancy must shall
1079 be filled by appointment for the remainder of the unexpired
1080 term. The council shall annually elect a chair and a vice chair.
1081 The council shall adopt internal procedures or bylaws necessary
1082 for efficient operations. Members of the council shall serve
1083 without compensation or honorarium but shall be entitled to per
1084 diem and travel expenses pursuant to s. 112.061 for the
1085 performance of duties for the council. The executive
1086 administrator of the commission may remove a council member for
1087 cause.
1088 (3) Within 30 days after its initial meeting, the council
1089 shall elect from among its members a chair and a vice chair.
1090 (4) The council shall meet at the call of its chair, at the
1091 request of a majority of its membership, at the request of the
1092 commission or its executive administrator, or at such times as
1093 may be prescribed by rule, but not less than once a year, to
1094 offer its views on issues related to small, rural, or urban and
1095 minority business development of concern to this state. A
1096 majority of the members of the council shall constitute a
1097 quorum.
1098 (5) The powers and duties of the council include, but are
1099 not limited to the following: researching and reviewing the role
1100 of small, rural, or urban and minority businesses in the state’s
1101 economy; reviewing issues and emerging topics relating to small,
1102 rural, or urban and minority business economic development;
1103 studying the ability of financial markets and institutions to
1104 meet small business credit needs and determining the impact of
1105 government demands on credit for small, rural, or urban
1106 businesses; assessing the implementation of s. 187.201(21),
1107 requiring a state economic development comprehensive plan, as it
1108 relates to small and certified rural or urban business
1109 enterprises as defined in s. 288.703 minority businesses;
1110 assessing the reasonableness and effectiveness of efforts by any
1111 state agency or by all state agencies collectively to assist
1112 rural or urban minority business enterprises; and advising the
1113 Governor, the secretary, and the Legislature on matters relating
1114 to small, rural, or urban and minority business development
1115 which are of importance to the international strategic planning
1116 and activities of this state.
1117 (6) On or before January 1 of each year, the council shall
1118 present an annual report to the secretary that sets forth in
1119 appropriate detail the business transacted by the council during
1120 the year and any recommendations to the secretary, including
1121 those to improve business opportunities for small, rural, or
1122 urban and minority business enterprises.
1123 Section 32. Paragraph (b) of subsection (4) of section
1124 288.001, Florida Statutes, is amended, and paragraph (b) of
1125 subsection (3) is reenacted, to read:
1126 288.001 The Florida Small Business Development Center
1127 Network.—
1128 (3) OPERATION; POLICIES AND PROGRAMS.—
1129 (b) The network’s statewide director shall consult with the
1130 Board of Governors, the department, and the network’s statewide
1131 advisory board to ensure that the network’s policies and
1132 programs align with the statewide goals of the State University
1133 System and the statewide strategic economic development plan as
1134 provided under s. 20.60.
1135 (4) STATEWIDE ADVISORY BOARD.—
1136 (b) The statewide advisory board shall be composed consist
1137 of 19 members from across the state. At least 12 members must be
1138 representatives of the private sector who are knowledgeable of
1139 the needs and challenges of small businesses. The members must
1140 represent various segments and industries of the economy in this
1141 state and must bring knowledge and skills to the statewide
1142 advisory board which would enhance the board’s collective
1143 knowledge of small business assistance needs and challenges.
1144 Minority and gender Representation for this state’s rural or
1145 urban areas must be considered when making appointments to the
1146 board. The board must include the following members:
1147 1. Three members appointed from the private sector by the
1148 President of the Senate.
1149 2. Three members appointed from the private sector by the
1150 Speaker of the House of Representatives.
1151 3. Three members appointed from the private sector by the
1152 Governor.
1153 4. Three members appointed from the private sector by the
1154 network’s statewide director.
1155 5. One member appointed by the host institution.
1156 6. The Secretary of Commerce, or his or her designee.
1157 7. The Chief Financial Officer, or his or her designee.
1158 8. The President of the Florida Chamber of Commerce, or his
1159 or her designee.
1160 9. The Small Business Development Center Project Officer
1161 from the U.S. Small Business Administration at the South Florida
1162 District Office, or his or her designee.
1163 10. The executive director of the National Federation of
1164 Independent Businesses, Florida, or his or her designee.
1165 11. The executive director of the Florida United Business
1166 Association, or his or her designee.
1167 Section 33. Subsection (8) of section 288.0065, Florida
1168 Statutes, is amended to read:
1169 288.0065 Annual incentives report.—By December 30 of each
1170 year, the department shall provide the Governor, the President
1171 of the Senate, and the Speaker of the House of Representatives a
1172 detailed incentives report quantifying the economic benefits for
1173 all of the economic development incentive programs administered
1174 by the department and its public-private partnerships. The
1175 annual incentives report must include:
1176 (8) A description of the trends relating to business
1177 interest in, and usage of, the various incentives, and the
1178 number of small minority-owned or woman-owned businesses and
1179 businesses in rural or urban areas receiving incentives.
1180 Section 34. Section 288.1167, Florida Statutes, is amended
1181 to read:
1182 288.1167 Sports franchise contract provisions for food and
1183 beverage concession and contract awards to minority business
1184 enterprises in rural or urban areas.—Any applicant who receives
1185 funding pursuant to the provisions of s. 212.20 must demonstrate
1186 that:
1187 (1) Funds and facilities with respect to food and beverage
1188 and related concessions shall be awarded to certified rural or
1189 urban small minority business enterprises as defined in s.
1190 288.703 on the same terms and conditions as the general food and
1191 beverage concessionaire and in accordance with the rural or
1192 urban minority business enterprise procurement goals set forth
1193 in s. 287.09451;
1194 (2) At least 15 percent of a company contracted to manage a
1195 professional sports franchise facility or a spring training
1196 franchise facility is owned by certified rural or urban minority
1197 business enterprises or by a minority person as that term is
1198 those terms are defined in s. 288.703; or
1199 (3) At least 15 percent of all operational service
1200 contracts with a professional sports franchise facility or a
1201 spring training franchise facility are awarded to certified
1202 rural or urban minority business enterprises as that term is
1203 defined in s. 288.703 or to a minority person located in a rural
1204 or urban area as those terms are defined in s. 288.703.
1205 Section 35. Paragraph (b) of subsection (2) of section
1206 288.1229, Florida Statutes, is amended to read:
1207 288.1229 Promotion and development of sports-related
1208 industries and amateur athletics; direct-support organization
1209 established; powers and duties.—
1210 (2) The Florida Sports Foundation must:
1211 (b) Be governed by a board of directors, which must be
1212 composed consist of up to 15 members appointed by the Governor.
1213 In making appointments, the Governor shall must consider a
1214 potential member’s background in community service and sports
1215 activism in, and financial support of, the sports industry,
1216 professional sports, or organized amateur athletics. Members
1217 must be residents of the state and highly knowledgeable about or
1218 active in professional or organized amateur sports.
1219 1. The board must contain representatives of all
1220 geographical regions of the state and must represent ethnic and
1221 gender diversity.
1222 2. The terms of office of the members shall be 4 years. No
1223 member may serve more than two consecutive terms. The Governor
1224 may remove any member for cause and shall fill all vacancies
1225 that occur.
1226 Section 36. Subsection (2) of section 288.7015, Florida
1227 Statutes, is amended to read:
1228 288.7015 Appointment of rules ombudsman; duties.—The
1229 Governor shall appoint a rules ombudsman, as defined in s.
1230 288.703, in the Executive Office of the Governor, for
1231 considering the impact of agency rules on the state’s citizens
1232 and businesses. The duties of the rules ombudsman are to:
1233 (2) Review state agency rules that adversely or
1234 disproportionately impact businesses, particularly those
1235 relating to small and certified rural or urban business
1236 enterprise as that term is defined in s. 288.703 minority
1237 businesses.
1238 Section 37. Section 288.702, Florida Statutes, is amended
1239 to read:
1240 288.702 Short title.—This section and ss. 288.703-288.705
1241 ss. 288.703-288.706 may be cited as the “Florida Small and
1242 Minority Business Assistance Act.”
1243 Section 38. Section 288.703, Florida Statutes, is amended
1244 to read:
1245 288.703 Definitions.—As used in ss. 288.702-288.705 ss.
1246 288.702-288.706, the term:
1247 (1) “Certified rural or urban business enterprise” means a
1248 business located in a defined geographic area within this state
1249 where one of the following conditions has been documented in the
1250 most recent census conducted by the Bureau of the Census of the
1251 United States Department of Commerce:
1252 a. Per capita income in the area is less than 80 percent of
1253 this state’s per capita income.
1254 b. The unemployment rate in the area has been greater than
1255 the unemployment rate for this state by more than 1 percent over
1256 the previous 24 months from the time the comparison is made.
1257 “Certified minority business enterprise” means a business which
1258 has been certified by the certifying organization or
1259 jurisdiction in accordance with s. 287.0943(1) and (2).
1260 (2) “Financial institution” means any bank, trust company,
1261 insurance company, savings and loan association, credit union,
1262 federal lending agency, or foundation.
1263 (3) “Minority business enterprise” means any small business
1264 concern as defined in subsection (6) which is organized to
1265 engage in commercial transactions, which is domiciled in
1266 Florida, and which is at least 51-percent-owned by minority
1267 persons who are members of an insular group that is of a
1268 particular racial, ethnic, or gender makeup or national origin,
1269 which has been subjected historically to disparate treatment due
1270 to identification in and with that group resulting in an
1271 underrepresentation of commercial enterprises under the group’s
1272 control, and whose management and daily operations are
1273 controlled by such persons. A minority business enterprise may
1274 primarily involve the practice of a profession. Ownership by a
1275 minority person does not include ownership which is the result
1276 of a transfer from a nonminority person to a minority person
1277 within a related immediate family group if the combined total
1278 net asset value of all members of such family group exceeds $1
1279 million. For purposes of this subsection, the term “related
1280 immediate family group” means one or more children under 16
1281 years of age and a parent of such children or the spouse of such
1282 parent residing in the same house or living unit.
1283 (3)(4) “Minority person” means a lawful, permanent resident
1284 of Florida who is:
1285 (a) An African American, a person having origins in any of
1286 the black racial groups of the African Diaspora, regardless of
1287 cultural origin.
1288 (b) A Hispanic American, a person of Spanish or Portuguese
1289 culture with origins in Spain, Portugal, Mexico, South America,
1290 Central America, or the Caribbean, regardless of race.
1291 (c) An Asian American, a person having origins in any of
1292 the original peoples of the Far East, Southeast Asia, the Indian
1293 Subcontinent, or the Pacific Islands, including the Hawaiian
1294 Islands before 1778.
1295 (d) A Native American, a person who has origins in any of
1296 the Indian Tribes of North America before 1835, upon
1297 presentation of proper documentation thereof as established by
1298 rule of the Department of Management Services.
1299 (e) An American woman.
1300 (4)(5) “Ombudsman” means an office or individual whose
1301 responsibilities include coordinating with the Office of
1302 Supplier Development Diversity for the interests of and
1303 providing assistance to rural or urban small and minority
1304 business enterprises in dealing with governmental agencies and
1305 in developing proposals for changes in state agency rules.
1306 (5)(6) “Small business” means an independently owned and
1307 operated business concern that employs 200 or fewer permanent
1308 full-time employees and that, together with its affiliates, has
1309 a net worth of not more than $5 million or any firm based in
1310 this state which has a Small Business Administration 8(a)
1311 certification. As applicable to sole proprietorships, the $5
1312 million net worth requirement includes shall include both
1313 personal and business investments.
1314 Section 39. Section 288.705, Florida Statutes, is amended
1315 to read:
1316 288.705 Statewide contracts register.—All state agencies
1317 shall in a timely manner provide the Florida Small Business
1318 Development Center Procurement System with all formal
1319 solicitations for contractual services, supplies, and
1320 commodities. The Small Business Development Center shall
1321 coordinate with Minority Business Development Centers to compile
1322 and distribute this information to small and rural or urban
1323 minority businesses requesting such service for the period of
1324 time necessary to familiarize the business with the market
1325 represented by state agencies. On or before February 1 of each
1326 year, the Small Business Development Center shall report to the
1327 department on the use of the statewide contracts register. The
1328 report must shall include, but not be limited to, information
1329 relating to:
1330 (1) The total number of solicitations received from state
1331 agencies during the calendar year.
1332 (2) The number of solicitations received from each state
1333 agency during the calendar year.
1334 (3) The method of distributing solicitation information to
1335 businesses requesting such service.
1336 (4) The total number of businesses using the service.
1337 (5) The percentage of businesses using the service which
1338 are owned and controlled by minorities.
1339 (5)(6) The percentage of service-disabled veteran business
1340 enterprises using the service.
1341 Section 40. Subsection (1) of section 288.776, Florida
1342 Statutes, is amended to read:
1343 288.776 Board of directors; powers and duties.—
1344 (1)(a) The corporation shall have a board of directors
1345 consisting of 15 members representing all geographic areas of
1346 this the state. Minority and gender representation must be
1347 considered when making appointments to the board. The board
1348 membership must include:
1349 1. A representative of the following businesses, all of
1350 which must be registered to do business in this state: a foreign
1351 bank, a state bank, a federal bank, an insurance company
1352 involved in covering trade financing risks, and a small or
1353 medium-sized exporter.
1354 2. The following persons or their designee: the Secretary
1355 of Commerce, the Chief Financial Officer, the Secretary of
1356 State, and a senior official of the United States Department of
1357 Commerce.
1358 (b) Appointees who are not state or Federal Government
1359 officials shall serve for a term of 3 years and shall be
1360 eligible for reappointment. Nonstate and nonfederal official
1361 vacancies on the board shall be filled by the board within 30
1362 days after the effective date of the vacancy.
1363 Section 41. Section 288.9628, Florida Statutes, is created
1364 to read:
1365 288.9628 Research, Innovation, Science, and Engineering
1366 (RISE) Investment Tax Credit Program.—
1367 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
1368 strengthening the state’s early-stage business ecosystem and
1369 supporting cutting-edge innovation are essential for fostering
1370 innovation and economic growth. The early-stage business
1371 ecosystem, fueled by the state’s colleges, universities, and
1372 private industry growth, represents significant opportunity for
1373 the state to retain entrepreneurial talent and provides an
1374 overall benefit for jobseekers, job creators, families,
1375 communities, and the state’s economy.
1376 (2) RISE PROGRAM CREATED.—There is established within the
1377 department the Research, Innovation, Science, and Engineering
1378 (RISE) Investment Tax Credit Program. The purpose of the program
1379 is to increase venture capital investment in this state. The
1380 department shall coordinate with the Florida Opportunity Fund
1381 and the State Board of Administration in reviewing and approving
1382 applications for tax credits under this section.
1383 (3) DEFINITIONS.—As used in this section, the term:
1384 (a) “Accredited investor” has the same meaning as in s.
1385 517.021.
1386 (b) “Advisory affiliate” has the same meaning as in s.
1387 517.12(22).
1388 (c) “Affiliate” has the same meaning as in s. 517.021.
1389 (d) “Applicant” means an advisory affiliate, an exempt
1390 reporting adviser, or an investment adviser who submits or
1391 updates an application on behalf of a qualifying private fund.
1392 (e) “Associated person” has the same meaning as in s.
1393 517.021.
1394 (f) “Company” means any business in this state, or a
1395 business with more than 50 percent of its workforce in this
1396 state, with 500 or fewer employees, and which is engaged in a
1397 project.
1398 (g) “Department” means the Department of Commerce.
1399 (h) “Exempt reporting adviser” has the same meaning as in
1400 s. 517.12(22).
1401 (i) “Investment adviser” has the same meaning as in s.
1402 517.021.
1403 (j) “Investor” means any person or entity that has made a
1404 capital contribution to a qualifying private fund.
1405 (k) “Private fund adviser” has the same meaning as in s.
1406 517.12(22).
1407 (l) “Project” means research and development that leads to
1408 or is anticipated to lead to the creation of new or useful
1409 improvement of technologies, agricultural technologies, devices,
1410 processes, machines, manufacturing, or composition of matter. A
1411 project may result from the innovative activities of a company
1412 or research at a university or college in this state.
1413 (m) “Qualifying investment” has the same meaning as in 17
1414 C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section,
1415 includes investment in one or more companies or projects.
1416 (n) “Qualifying portfolio company” has the same meaning as
1417 in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this
1418 section, includes a company as defined in this subsection.
1419 (o) “Qualifying private fund” has the same meaning as in s.
1420 517.12(22) and includes an angel investor group as defined in s.
1421 517.021.
1422 (p) “Total capital commitment” means the total amount of
1423 cash funding the qualifying private fund intends to raise to
1424 make one or more qualifying investments in one or more
1425 qualifying portfolio companies.
1426 (4) APPLICATION.—
1427 (a) An applicant must apply to the department for
1428 authorization to claim RISE tax credits under this section. The
1429 department must review and approve or deny a complete
1430 application within 60 calendar days after the complete
1431 application has been submitted.
1432 (b) An applicant must demonstrate to the department’s
1433 satisfaction within 12 months after the complete application has
1434 been submitted that the qualifying private fund has received at
1435 least the total capital commitment contained in its application.
1436 (c) The application must include, at a minimum:
1437 1. The names of any accredited investors, advisory
1438 affiliates, affiliates, associated persons, exempt reporting
1439 advisers, investment advisers, or private fund advisers
1440 associated with the qualifying private fund, if there are any at
1441 the time of application.
1442 2. The names of any investors in the qualifying private
1443 fund, if there are any at the time of application.
1444 3. The estimated total number of qualifying investments in
1445 qualifying portfolio companies.
1446 4. The total capital commitment of the qualifying private
1447 fund.
1448 (d) If, at any time after an applicant has submitted a
1449 complete application, there has been a material change that
1450 affects the accuracy or completeness of the information
1451 contained in the application, the applicant must update its
1452 application.
1453 (5) TAX CREDITS; GENERALLY.—
1454 (a) The amount of tax credits available pursuant to this
1455 section in a fiscal year may not exceed $100 million.
1456 (b) The department may not issue a tax credit to a
1457 qualifying private fund until the qualifying private fund
1458 demonstrates that it has received its total capital commitment.
1459 (c) The department may not authorize more than $10 million
1460 in tax credits to a qualifying private fund in a fiscal year.
1461 (6) TAX CREDITS; SUBMISSION AND AUTHORIZATION.—
1462 (a) To receive tax credits, a qualifying private fund must
1463 provide documentation that demonstrates to the department’s
1464 reasonable satisfaction that the qualifying investment meets the
1465 requirements of this section. For purposes of this section,
1466 follow-on or add-on commitments may only be considered by the
1467 department after the follow-on or add-on investment has been
1468 deployed.
1469 (b) A qualifying private fund must make at least one
1470 qualified investment in at least one qualifying portfolio
1471 project to be eligible to receive tax credits under this
1472 section.
1473 (c) Each submission by a qualifying private fund to receive
1474 tax credits for a qualifying investment in a qualifying
1475 portfolio company must include, at a minimum, all of the
1476 following:
1477 1. The amount of cash deployed by the qualifying private
1478 fund to a qualifying investment in a qualifying portfolio
1479 company.
1480 2. The total number of employees employed by the qualifying
1481 portfolio company.
1482 3. The total number of Florida-based, full-time equivalent
1483 employees employed by the qualifying portfolio company.
1484 (7) TAX CREDITS; RECEIPT; REVOCATION.—
1485 (a) A qualifying private fund may receive tax credits
1486 equivalent to 25 percent of a qualifying investment in a
1487 qualifying portfolio company.
1488 (b) Upon a determination by the department that the
1489 qualifying investment meets the requirements of this section,
1490 the department shall authorize the Department of Revenue to
1491 issue tax credits to the qualifying private fund.
1492 (c) The Department of Revenue may not issue more than one
1493 fifth of the tax credits authorized for a qualifying investment
1494 in a qualifying portfolio company in a fiscal year.
1495 (d) Credits received pursuant to this section may be
1496 applied against the qualifying private fund’s corporate income
1497 tax liability. A qualifying private fund may elect to sell or
1498 transfer, in whole or in part, any tax credit issued under this
1499 section. An election to sell or transfer any tax credit received
1500 pursuant to this section must be made no later than 5 years
1501 after the date the credit is received by the qualifying private
1502 fund, after which the credit expires and may not be used. A
1503 qualifying private fund may not sell or transfer credits that
1504 have been authorized by the department but not yet issued by the
1505 Department of Revenue.
1506 (e) The department may revoke or modify any written
1507 decision qualifying, certifying, or otherwise granting
1508 eligibility for tax credits under this section if it is
1509 discovered that the qualifying private fund submitted any false
1510 statement, representation, or certification in any application
1511 filed in an attempt to receive tax credits under this section,
1512 or if the information in a previously completed application
1513 materially changes. The department must immediately notify the
1514 Department of Revenue of any revoked or modified orders
1515 affecting previously granted tax credits. Additionally, the
1516 qualifying private fund must notify the Department of Revenue of
1517 any change in its tax credit claimed.
1518 (8) COMPLIANCE.—
1519 (a) A qualifying private fund must annually report to the
1520 department for each qualifying investment for 5 years after
1521 authorization to receive credits. Failure to do so will result
1522 in the qualifying private fund’s tax credit being revoked.
1523 (b) In order to receive a tax credit, a qualifying fund
1524 must submit to the department all of the following:
1525 1. A certification that there have been no material changes
1526 to the information contained in the application or, if material
1527 changes have occurred since the submission of the application, a
1528 disclosure containing all material changes.
1529 2. Documentation supporting the total number of full-time
1530 equivalent employees employed by the qualifying portfolio
1531 company.
1532 3. Documentation supporting the total number of full-time
1533 equivalent employees employed in this state by the qualifying
1534 portfolio company.
1535 4. Documentation supporting that the qualifying private
1536 fund has not exited its position from the qualifying portfolio
1537 company through acquisition by a company not based in this
1538 state.
1539 (9) SANCTIONS.—
1540 (a) If a qualifying investment fails to meet the
1541 requirements of paragraph (8)(a) or paragraph (8)(b), the
1542 department must revoke its approval of tax credits for the
1543 qualifying investment. The department shall issue a notice of
1544 revocation and recapture to the qualifying private fund and the
1545 Department of Revenue. The qualifying private fund must repay to
1546 the department an amount equal to 50 percent of the tax credits
1547 authorized by the department and claimed by a qualifying
1548 portfolio company for the qualifying investment. Recaptured
1549 funds must be deposited into the General Revenue Fund.
1550 (b) If the department determines that the qualifying
1551 private fund submitted any false statement, representation, or
1552 certification in any application as provided in paragraph
1553 (7)(e), the department must revoke its approval of tax credits
1554 for the qualifying investment. The department shall issue a
1555 notice of revocation and recapture to the qualifying private
1556 fund and the Department of Revenue. The qualifying private fund
1557 must repay to the department an amount equal to 100 percent of
1558 the tax credits authorized by the department and claimed by a
1559 qualifying portfolio company for the qualifying investment.
1560 Recaptured funds must be deposited into the General Revenue
1561 Fund.
1562 (10) CONSTRUCTION.—For purposes of this section and part
1563 III of chapter 692, committed capital invested in a qualifying
1564 portfolio company by a venture capital fund may not be construed
1565 as having ownership of the qualifying portfolio company.
1566 (11) REPORTING.—Beginning December 30, 2026, the department
1567 shall include the amounts of tax credits authorized and
1568 received, the total number of jobs created, and the total number
1569 of jobs created in this state in its annual incentives report
1570 required under s. 288.0065.
1571 (12) PRIORITY OF TAX CREDITS.—Fifty percent of the tax
1572 credits provided in this section must be made available from
1573 July 1 to December 31 of each year to provide tax credits for
1574 qualifying investments in qualifying portfolio companies located
1575 in a rural community as defined in s. 288.0656. All remaining
1576 tax credits must be made available from January 1 to June 30 of
1577 each year on a first-come, first-served basis, subject to the
1578 eligibility of the qualifying investment.
1579 (13) RULEMAKING.—The department is authorized to adopt
1580 rules to implement this section.
1581 Section 42. Subsection (10) of section 290.0056, Florida
1582 Statutes, is amended to read:
1583 290.0056 Enterprise zone development agency.—
1584 (10) Contingent upon approval by the governing body, the
1585 agency may invest in community investment corporations which
1586 conduct, or agree to conduct, loan guarantee programs assisting
1587 rural or urban minority business enterprises located in the
1588 enterprise zone. In making such investments, the agency shall
1589 first attempt to invest in existing community investment
1590 corporations providing services in the enterprise zone. Such
1591 investments shall be made under conditions required by law and
1592 as the agency may require, including, but not limited to:
1593 (a) The funds invested by the agency shall be used to
1594 provide loan guarantees to individuals for rural or urban
1595 minority business enterprises located in the enterprise zone.
1596 (b) The community investment corporation may not approve
1597 any application for a loan guarantee unless the person applying
1598 for the loan guarantee shows that he or she has applied for the
1599 loan or loan guarantee through normal banking channels and that
1600 the loan or loan guarantee has been refused by at least one bank
1601 or other financial institution.
1602 Section 43. Paragraph (f) of subsection (1) of section
1603 290.0057, Florida Statutes, is amended to read:
1604 290.0057 Enterprise zone development plan.—
1605 (1) Any application for designation as a new enterprise
1606 zone must be accompanied by a strategic plan adopted by the
1607 governing body of the municipality or county, or the governing
1608 bodies of the county and one or more municipalities together. At
1609 a minimum, the plan must:
1610 (f) Identify the amount of local and private resources that
1611 will be available in the nominated area and the private/public
1612 partnerships to be used, which may include participation by, and
1613 cooperation with, universities, community colleges, small
1614 business development centers, black business investment
1615 corporations in rural or urban areas as defined in s. 288.703,
1616 certified development corporations, and other private and public
1617 entities.
1618 Section 44. Subsection (4) of section 331.302, Florida
1619 Statutes, is amended to read:
1620 331.302 Space Florida; creation; purpose.—
1621 (4) Space Florida is not an agency as defined in ss.
1622 216.011, and 287.012, and 287.055. Space Florida is exempt from
1623 the bidding requirements in s. 255.20 when Space Florida engages
1624 in professional or construction services, or both, under an
1625 arrangement with a person in which:
1626 (a) The person offering personal or construction goods or
1627 services is not subject to the requirements of s. 287.055;
1628 (b) Space Florida and the person execute a contract with
1629 terms acceptable to Space Florida; and
1630 (c) The person provides to Space Florida by contract an
1631 unqualified representation and warranty that the payments by the
1632 person to Space Florida in return for the possession and use of
1633 the project by the person will not be derived, directly or
1634 indirectly, from state or local government funds.
1635
1636 For purposes of this subsection, moneys received by the person
1637 contracted to provide goods produced and services provided from
1638 government entities in the ordinary course of its operation of
1639 the project are not state or local government funds.
1640 Section 45. Paragraph (b) of subsection (4) and subsection
1641 (9) of section 445.08, Florida Statutes, are amended to read:
1642 445.08 Florida Law Enforcement Recruitment Bonus Payment
1643 Program.—
1644 (4) The department shall develop an annual plan for the
1645 administration of the program and distribution of bonus
1646 payments. Applicable employing agencies shall assist the
1647 department with the collection of any data necessary to
1648 determine bonus payment amounts and to distribute the bonus
1649 payments, and shall otherwise provide the department with any
1650 information or assistance needed to fulfill the requirements of
1651 this section. At a minimum, the plan must include:
1652 (b) The minimum eligibility requirements a newly employed
1653 officer must meet to receive and retain a bonus payment, which
1654 must include:
1655 1. Obtaining certification for employment or appointment as
1656 a law enforcement officer pursuant to s. 943.1395.
1657 2. Gaining full-time employment with a Florida criminal
1658 justice agency.
1659 3. Maintaining continuous full-time employment with a
1660 Florida criminal justice agency for at least 2 years from the
1661 date on which the officer obtained certification. The required
1662 2-year employment period may be satisfied by maintaining
1663 employment at one or more employing agencies, but such period
1664 must not contain any break in service longer than 180 15
1665 calendar days. A law enforcement officer must provide
1666 documentation to the department justifying the break in service.
1667 The department shall establish the acceptable circumstances for
1668 any such break in service. Any break in service will not count
1669 toward satisfying the 2-year full-time employment requirement of
1670 this section.
1671
1672 The department may establish other criteria deemed necessary to
1673 determine bonus payment eligibility and distribution.
1674 (9) This section expires July 1, 2025.
1675 Section 46. Paragraph (a) of subsection (4) of section
1676 447.203, Florida Statutes, is amended to read:
1677 447.203 Definitions.—As used in this part:
1678 (4) “Managerial employees” are those employees who:
1679 (a) Perform jobs that are not of a routine, clerical, or
1680 ministerial nature and require the exercise of independent
1681 judgment in the performance of such jobs and to whom one or more
1682 of the following applies:
1683 1. They formulate or assist in formulating policies which
1684 are applicable to bargaining unit employees.
1685 2. They may reasonably be required on behalf of the
1686 employer to assist in the preparation for the conduct of
1687 collective bargaining negotiations.
1688 3. They have a role in the administration of agreements
1689 resulting from collective bargaining negotiations.
1690 4. They have a significant role in personnel
1691 administration.
1692 5. They have a significant role in employee relations.
1693 6. They are included in the definition of administrative
1694 personnel contained in s. 1012.01(3).
1695 7. They have a significant role in the preparation or
1696 administration of budgets for any public agency or institution
1697 or subdivision thereof.
1698 8. They have a significant and specific role executing
1699 statewide business and economic development projects in support
1700 of business recruitment, retention, and expansion.
1701
1702 However, in determining whether an individual is a managerial
1703 employee pursuant to paragraph (a) or paragraph (b), above, the
1704 commission may consider historic relationships of the employee
1705 to the public employer and to co-employees coemployees.
1706 Section 47. Local governments may enter into agreements to
1707 create regional planning entities pursuant to chapter 163,
1708 Florida Statutes.
1709 Section 48. Subsection (2) of section 17.11, Florida
1710 Statutes, is amended to read:
1711 17.11 To report disbursements made.—
1712 (2) The Chief Financial Officer shall also cause to have
1713 reported from the Florida Accounting Information Resource
1714 Subsystem no less than quarterly the disbursements which
1715 agencies made to small businesses, as defined in the Florida
1716 Small and Minority Business Assistance Act,; and to certified
1717 rural or urban minority business enterprises in the aggregate;
1718 and to certified minority business enterprises broken down into
1719 categories of minority persons, as well as gender and
1720 nationality subgroups. This information must shall be made
1721 available to the agencies, the Office of Supplier Development
1722 Diversity, the Governor, the President of the Senate, and the
1723 Speaker of the House of Representatives. Each agency shall be
1724 responsible for the accuracy of information entered into the
1725 Florida Accounting Information Resource Subsystem for use in
1726 this reporting.
1727 Section 49. Paragraph (f) of subsection (1) of section
1728 68.082, Florida Statutes, is amended to read:
1729 68.082 False claims against the state; definitions;
1730 liability.—
1731 (1) As used in this section, the term:
1732 (f) “State” means the government of the state or any
1733 department, division, bureau, commission, regional planning
1734 agency, board, district, authority, agency, or other
1735 instrumentality of the state.
1736 Section 50. Paragraph (a) of subsection (1) of section
1737 120.52, Florida Statutes, is amended to read:
1738 120.52 Definitions.—As used in this act:
1739 (1) “Agency” means the following officers or governmental
1740 entities if acting pursuant to powers other than those derived
1741 from the constitution:
1742 (a) The Governor; each state officer and state department,
1743 and each departmental unit described in s. 20.04; the Board of
1744 Governors of the State University System; the Commission on
1745 Ethics; the Fish and Wildlife Conservation Commission; a
1746 regional water supply authority; a regional planning agency; a
1747 multicounty special district, but only if a majority of its
1748 governing board is comprised of nonelected persons; educational
1749 units; and each entity described in chapters 163, 373, 380, and
1750 582 and s. 186.504.
1751
1752 This definition does not include a municipality or legal entity
1753 created solely by a municipality; a legal entity or agency
1754 created in whole or in part pursuant to part II of chapter 361;
1755 a metropolitan planning organization created pursuant to s.
1756 339.175; a separate legal or administrative entity created
1757 pursuant to s. 339.175 of which a metropolitan planning
1758 organization is a member; an expressway authority pursuant to
1759 chapter 348 or any transportation authority or commission under
1760 chapter 343 or chapter 349; or a legal or administrative entity
1761 created by an interlocal agreement pursuant to s. 163.01(7),
1762 unless any party to such agreement is otherwise an agency as
1763 defined in this subsection.
1764 Section 51. Subsection (4) of section 120.525, Florida
1765 Statutes, is amended to read:
1766 120.525 Meetings, hearings, and workshops.—
1767 (4) For purposes of establishing a quorum at meetings of
1768 regional planning councils that cover three or more counties, a
1769 voting member who appears via telephone, real-time
1770 videoconferencing, or similar real-time electronic or video
1771 communication that is broadcast publicly at the meeting location
1772 may be counted toward the quorum requirement if at least one
1773 third of the voting members of the regional planning council are
1774 physically present at the meeting location. A member must
1775 provide oral, written, or electronic notice of his or her intent
1776 to appear via telephone, real-time videoconferencing, or similar
1777 real-time electronic or video communication to the regional
1778 planning council at least 24 hours before the scheduled meeting.
1779 Section 52. Subsection (9) of section 120.65, Florida
1780 Statutes, is amended to read:
1781 120.65 Administrative law judges.—
1782 (9) The division shall be reimbursed for administrative law
1783 judge services and travel expenses by the following entities:
1784 water management districts, regional planning councils, school
1785 districts, community colleges, the Division of Florida Colleges,
1786 state universities, the Board of Governors of the State
1787 University System, the State Board of Education, the Florida
1788 School for the Deaf and the Blind, and the Commission for
1789 Independent Education. These entities shall contract with the
1790 division to establish a contract rate for services and
1791 provisions for reimbursement of administrative law judge travel
1792 expenses and video teleconferencing expenses attributable to
1793 hearings conducted on behalf of these entities. The contract
1794 rate must be based on a total-cost-recovery methodology.
1795 Section 53. Subsections (43) and (47) of section 163.3164,
1796 Florida Statutes, are amended to read:
1797 163.3164 Community Planning Act; definitions.—As used in
1798 this act:
1799 (43) “Regional planning agency” means the council created
1800 pursuant to chapter 186.
1801 (46)(47) “Structure” has the same meaning as in s. 380.031
1802 s. 380.031(19).
1803 Section 54. Paragraph (h) of subsection (6) of section
1804 163.3177, Florida Statutes, is amended to read:
1805 163.3177 Required and optional elements of comprehensive
1806 plan; studies and surveys.—
1807 (6) In addition to the requirements of subsections (1)-(5),
1808 the comprehensive plan must shall include the following
1809 elements:
1810 (h)1. An intergovernmental coordination element showing
1811 relationships and stating principles and guidelines to be used
1812 in coordinating the adopted comprehensive plan with the plans of
1813 school boards, regional water supply authorities, and other
1814 units of local government providing services but not having
1815 regulatory authority over the use of land, with the
1816 comprehensive plans of adjacent municipalities, the county,
1817 adjacent counties, or the region, with the state comprehensive
1818 plan and with the applicable regional water supply plan approved
1819 pursuant to s. 373.709, as the case may require and as such
1820 adopted plans or plans in preparation may exist. This element of
1821 the local comprehensive plan must demonstrate consideration of
1822 the particular effects of the local plan, when adopted, upon the
1823 development of adjacent municipalities, the county, adjacent
1824 counties, or the region, or upon the state comprehensive plan,
1825 as the case may require.
1826 a. The intergovernmental coordination element must provide
1827 procedures for identifying and implementing joint planning
1828 areas, especially for the purpose of annexation, municipal
1829 incorporation, and joint infrastructure service areas.
1830 b. The intergovernmental coordination element must shall
1831 provide for a dispute resolution process, as established
1832 pursuant to s. 186.509, for bringing intergovernmental disputes
1833 to closure in a timely manner.
1834 c. The intergovernmental coordination element must shall
1835 provide for interlocal agreements as established pursuant to s.
1836 333.03(1)(b).
1837 2. The intergovernmental coordination element must shall
1838 also state principles and guidelines to be used in coordinating
1839 the adopted comprehensive plan with the plans of school boards
1840 and other units of local government providing facilities and
1841 services but not having regulatory authority over the use of
1842 land. In addition, the intergovernmental coordination element
1843 must describe joint processes for collaborative planning and
1844 decisionmaking on population projections and public school
1845 siting, the location and extension of public facilities subject
1846 to concurrency, and siting facilities with countywide
1847 significance, including locally unwanted land uses whose nature
1848 and identity are established in an agreement.
1849 3. Within 1 year after adopting their intergovernmental
1850 coordination elements, each county, all the municipalities
1851 within that county, the district school board, and any unit of
1852 local government service providers in that county shall
1853 establish by interlocal or other formal agreement executed by
1854 all affected entities, the joint processes described in this
1855 subparagraph consistent with their adopted intergovernmental
1856 coordination elements. The agreement must:
1857 a. Ensure that the local government addresses through
1858 coordination mechanisms the impacts of development proposed in
1859 the local comprehensive plan upon development in adjacent
1860 municipalities, the county, adjacent counties, the region, and
1861 the state. The area of concern for municipalities must shall
1862 include adjacent municipalities, the county, and counties
1863 adjacent to the municipality. The area of concern for counties
1864 must shall include all municipalities within the county,
1865 adjacent counties, and adjacent municipalities.
1866 b. Ensure coordination in establishing level of service
1867 standards for public facilities with any state, regional, or
1868 local entity having operational and maintenance responsibility
1869 for such facilities.
1870 Section 55. Subsection (5) of section 163.3178, Florida
1871 Statutes, is amended to read:
1872 163.3178 Coastal management.—
1873 (5) A The appropriate dispute resolution process provided
1874 under s. 186.509 must be used to reconcile inconsistencies
1875 between port master plans and local comprehensive plans. In
1876 recognition of the state’s commitment to deepwater ports, the
1877 state comprehensive plan must include goals, objectives, and
1878 policies that establish a statewide strategy for enhancement of
1879 existing deepwater ports, ensuring that priority is given to
1880 water-dependent land uses. As an incentive for promoting plan
1881 consistency, port facilities as defined in s. 315.02(6) on lands
1882 owned or controlled by a deepwater port as defined in s.
1883 311.09(1), as of the effective date of this act are shall not be
1884 subject to development-of-regional-impact review provided the
1885 port either successfully completes an alternative comprehensive
1886 development agreement with a local government pursuant to ss.
1887 163.3220-163.3243 or successfully enters into a development
1888 agreement with the state land planning agency and applicable
1889 local government pursuant to s. 380.032 or, where the port is a
1890 department of a local government, successfully enters into a
1891 development agreement with the state land planning agency
1892 pursuant to s. 380.032. Port facilities as defined in s.
1893 315.02(6) on lands not owned or controlled by a deepwater port
1894 as defined in s. 311.09(1) as of the effective date of this act
1895 are shall not be subject to development-of-regional-impact
1896 review provided the port successfully enters into a development
1897 agreement with the state land planning agency and applicable
1898 local government pursuant to s. 380.032 or, where the port is a
1899 department of a local government, successfully enters into a
1900 development agreement with the state land planning agency
1901 pursuant to s. 380.032.
1902 Section 56. Paragraph (c) of subsection (1) and paragraph
1903 (b) of subsection (3) of section 163.3184, Florida Statutes, are
1904 amended to read:
1905 163.3184 Process for adoption of comprehensive plan or plan
1906 amendment.—
1907 (1) DEFINITIONS.—As used in this section, the term:
1908 (c) “Reviewing agencies” means:
1909 1. The state land planning agency;
1910 2. The appropriate regional planning council;
1911 2.3. The appropriate water management district;
1912 3.4. The Department of Environmental Protection;
1913 4.5. The Department of State;
1914 5.6. The Department of Transportation;
1915 6.7. In the case of plan amendments relating to public
1916 schools, the Department of Education;
1917 7.8. In the case of plans or plan amendments that affect a
1918 military installation listed in s. 163.3175, the commanding
1919 officer of the affected military installation;
1920 8.9. In the case of county plans and plan amendments, the
1921 Fish and Wildlife Conservation Commission and the Department of
1922 Agriculture and Consumer Services; and
1923 9.10. In the case of municipal plans and plan amendments,
1924 the county in which the municipality is located.
1925 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
1926 COMPREHENSIVE PLAN AMENDMENTS.—
1927 (b)1. The local government, after the initial public
1928 hearing held pursuant to subsection (11), shall transmit within
1929 10 working days the amendment or amendments and appropriate
1930 supporting data and analyses to the reviewing agencies. The
1931 local governing body shall also transmit a copy of the
1932 amendments and supporting data and analyses to any other local
1933 government or governmental agency that has filed a written
1934 request with the governing body.
1935 2. The reviewing agencies and any other local government or
1936 governmental agency specified in subparagraph 1. may provide
1937 comments regarding the amendment or amendments to the local
1938 government. State agencies shall only comment on important state
1939 resources and facilities that will be adversely impacted by the
1940 amendment if adopted. Comments provided by state agencies shall
1941 state with specificity how the plan amendment will adversely
1942 impact an important state resource or facility and shall
1943 identify measures the local government may take to eliminate,
1944 reduce, or mitigate the adverse impacts. Such comments, if not
1945 resolved, may result in a challenge by the state land planning
1946 agency to the plan amendment. Agencies and local governments
1947 must transmit their comments to the affected local government
1948 such that they are received by the local government not later
1949 than 30 days after the date on which the agency or government
1950 received the amendment or amendments. Reviewing agencies shall
1951 also send a copy of their comments to the state land planning
1952 agency.
1953 3. Comments to the local government from a regional
1954 planning council, county, or municipality are shall be limited
1955 as follows:
1956 a. The regional planning council review and comments shall
1957 be limited to adverse effects on regional resources or
1958 facilities identified in the strategic regional policy plan and
1959 extrajurisdictional impacts that would be inconsistent with the
1960 comprehensive plan of any affected local government within the
1961 region. A regional planning council may not review and comment
1962 on a proposed comprehensive plan amendment prepared by such
1963 council unless the plan amendment has been changed by the local
1964 government subsequent to the preparation of the plan amendment
1965 by the regional planning council.
1966 b. County comments must shall be in the context of the
1967 relationship and effect of the proposed plan amendments on the
1968 county plan.
1969 b.c. Municipal comments must shall be in the context of the
1970 relationship and effect of the proposed plan amendments on the
1971 municipal plan.
1972 c.d. Military installation comments must shall be provided
1973 in accordance with s. 163.3175.
1974 4. Comments to the local government from state agencies
1975 must shall be limited to the following subjects as they relate
1976 to important state resources and facilities that will be
1977 adversely impacted by the amendment if adopted:
1978 a. The Department of Environmental Protection shall limit
1979 its comments to the subjects of air and water pollution;
1980 wetlands and other surface waters of the state; federal and
1981 state-owned lands and interest in lands, including state parks,
1982 greenways and trails, and conservation easements; solid waste;
1983 water and wastewater treatment; and the Everglades ecosystem
1984 restoration.
1985 b. The Department of State shall limit its comments to the
1986 subjects of historic and archaeological resources.
1987 c. The Department of Transportation shall limit its
1988 comments to issues within the agency’s jurisdiction as it
1989 relates to transportation resources and facilities of state
1990 importance.
1991 d. The Fish and Wildlife Conservation Commission shall
1992 limit its comments to subjects relating to fish and wildlife
1993 habitat and listed species and their habitat.
1994 e. The Department of Agriculture and Consumer Services
1995 shall limit its comments to the subjects of agriculture,
1996 forestry, and aquaculture issues.
1997 f. The Department of Education shall limit its comments to
1998 the subject of public school facilities.
1999 g. The appropriate water management district shall limit
2000 its comments to flood protection and floodplain management,
2001 wetlands and other surface waters, and regional water supply.
2002 h. The state land planning agency shall limit its comments
2003 to important state resources and facilities outside the
2004 jurisdiction of other commenting state agencies and may include
2005 comments on countervailing planning policies and objectives
2006 served by the plan amendment that should be balanced against
2007 potential adverse impacts to important state resources and
2008 facilities.
2009 Section 57. Subsection (2) of section 163.3245, Florida
2010 Statutes, is amended to read:
2011 163.3245 Sector plans.—
2012 (2) The Upon the request of a local government having
2013 jurisdiction, the applicable regional planning council shall
2014 conduct a scoping meeting with affected local governments and
2015 those agencies identified in s. 163.3184(1)(c) before
2016 preparation of the sector plan. The purpose of this meeting is
2017 to assist the state land planning agency and the local
2018 government in the identification of the relevant planning issues
2019 to be addressed and the data and resources available to assist
2020 in the preparation of the sector plan. If a scoping meeting is
2021 conducted, the regional planning council shall make written
2022 recommendations to the state land planning agency and affected
2023 local governments on the issues requested by the local
2024 government. The scoping meeting must shall be noticed and open
2025 to the public. If the entire planning area proposed for the
2026 sector plan is within the jurisdiction of two or more local
2027 governments, some or all of them may enter into a joint planning
2028 agreement pursuant to s. 163.3171 with respect to the geographic
2029 area to be subject to the sector plan, the planning issues that
2030 will be emphasized, procedures for intergovernmental
2031 coordination to address extrajurisdictional impacts, supporting
2032 application materials including data and analysis, procedures
2033 for public participation, or other issues.
2034 Section 58. Paragraph (i) of subsection (2) of section
2035 163.568, Florida Statutes, is amended to read:
2036 163.568 Purposes and powers.—
2037 (2) The authority is granted the authority to exercise all
2038 powers necessary, appurtenant, convenient, or incidental to the
2039 carrying out of the aforesaid purposes, including, but not
2040 limited to, the following rights and powers:
2041 (i) To develop transportation plans, and to coordinate its
2042 planning and programs with those of appropriate municipal,
2043 county, and state agencies and other political subdivisions of
2044 the state. All transportation plans are subject to review and
2045 approval by the Department of Transportation and by the regional
2046 planning agency, if any, for consistency with programs or
2047 planning for the area and region.
2048 Section 59. Subsection (2) of section 164.1031, Florida
2049 Statutes, is amended to read:
2050 164.1031 Definitions.—For purposes of this act:
2051 (2) “Regional governmental entities” includes regional
2052 planning councils, metropolitan planning organizations, water
2053 supply authorities that include more than one county, local
2054 health councils, water management districts, and other regional
2055 entities that are authorized and created by general or special
2056 law that have duties or responsibilities extending beyond the
2057 jurisdiction of a single county.
2058 Section 60. Subsection (5) of section 186.003, Florida
2059 Statutes, is amended to read:
2060 186.003 Definitions; ss. 186.001-186.031, 186.801-186.901.
2061 As used in ss. 186.001-186.031 and 186.801-186.901, the term:
2062 (5) “Regional planning agency” means the regional planning
2063 council created pursuant to ss. 186.501-186.515 to exercise
2064 responsibilities under ss. 186.001-186.031 and 186.801-186.901
2065 in a particular region of the state.
2066 Section 61. Subsection (7) of section 186.006, Florida
2067 Statutes, is amended to read:
2068 186.006 Powers and responsibilities of Executive Office of
2069 the Governor.—For the purpose of establishing consistency and
2070 uniformity in the state and regional planning process and in
2071 order to ensure that the intent of ss. 186.001-186.031 and
2072 186.801-186.901 is accomplished, the Executive Office of the
2073 Governor shall:
2074 (7) Act as the state clearinghouse and designate the
2075 regional planning councils as the regional data clearinghouses.
2076 Section 62. Subsections (7) and (8) of section 186.007,
2077 Florida Statutes, are amended to read:
2078 186.007 State comprehensive plan; preparation; revision.—
2079 (7) In preparing and revising the state comprehensive plan,
2080 the Executive Office of the Governor shall, to the extent
2081 feasible, consider studies, reports, and plans of each
2082 department, agency, and institution of state and local
2083 government, each regional planning agency, and the Federal
2084 Government and shall take into account the existing and
2085 prospective resources, capabilities, and needs of state and
2086 local levels of government.
2087 (8) The revision of the state comprehensive plan is a
2088 continuing process. Each section of the plan must shall be
2089 reviewed and analyzed biennially by the Executive Office of the
2090 Governor in conjunction with the planning officers of other
2091 state agencies significantly affected by the provisions of the
2092 particular section under review. In conducting this review and
2093 analysis, the Executive Office of the Governor shall review and
2094 consider, with the assistance of the state land planning agency,
2095 any relevant reports, data, or analyses and regional planning
2096 councils, the evaluation and appraisal reports prepared pursuant
2097 to s. 186.511. Any necessary revisions of the state
2098 comprehensive plan shall be proposed by the Governor in a
2099 written report and be accompanied by an explanation of the need
2100 for such changes. If the Governor determines that changes are
2101 unnecessary, the written report must explain why changes are
2102 unnecessary. The proposed revisions and accompanying
2103 explanations may be submitted in the report required by s.
2104 186.031. Any proposed revisions to the plan must shall be
2105 submitted to the Legislature as provided in s. 186.008(2) at
2106 least 30 days before prior to the regular legislative session
2107 occurring in each even-numbered year.
2108 Section 63. Subsection (1) of section 186.008, Florida
2109 Statutes, is amended to read:
2110 186.008 State comprehensive plan; revision;
2111 implementation.—
2112 (1) On or before October 1 of every odd-numbered year, the
2113 Executive Office of the Governor shall prepare, and the Governor
2114 shall recommend to the Administration Commission, any proposed
2115 revisions to the state comprehensive plan deemed necessary. The
2116 Governor shall transmit his or her recommendations and
2117 explanation as required by s. 186.007(8). Copies must shall also
2118 be provided to each state agency, to each regional planning
2119 agency, to any other unit of government that requests a copy,
2120 and to any member of the public who requests a copy.
2121 Section 64. Section 186.803, Florida Statutes, is amended
2122 to read:
2123 186.803 Use of geographic information by governmental
2124 entities.—When state agencies, water management districts,
2125 regional planning councils, local governments, and other
2126 governmental entities use maps, including geographic information
2127 maps and other graphic information materials, as the source of
2128 data for planning or any other purposes, they must take into
2129 account that the accuracy and reliability of such maps and data
2130 may be limited by various factors, including the scale of the
2131 maps, the timeliness and accuracy of the underlying information,
2132 the availability of more accurate site-specific information, and
2133 the presence or absence of ground truthing or peer review of the
2134 underlying information contained in such maps and other graphic
2135 information. This section does not apply to maps adopted
2136 pursuant to part II of chapter 163.
2137 Section 65. Paragraph (b) of subsection (20) and paragraph
2138 (b) of subsection (21) of section 187.201, Florida Statutes, are
2139 amended to read:
2140 187.201 State Comprehensive Plan adopted.—The Legislature
2141 hereby adopts as the State Comprehensive Plan the following
2142 specific goals and policies:
2143 (20) GOVERNMENTAL EFFICIENCY.—
2144 (b) Policies.—
2145 1. Encourage greater cooperation between, among, and within
2146 all levels of Florida government through the use of appropriate
2147 interlocal agreements and mutual participation for mutual
2148 benefit.
2149 2. Allow the creation of independent special taxing
2150 districts which have uniform general law standards and
2151 procedures and do not overburden other governments and their
2152 taxpayers while preventing the proliferation of independent
2153 special taxing districts which do not meet these standards.
2154 3. Encourage the use of municipal services taxing units and
2155 other dependent special districts to provide needed
2156 infrastructure where the fiscal capacity exists to support such
2157 an approach.
2158 4. Eliminate regulatory activities that are not tied to
2159 specific public and natural resource protection needs.
2160 5. Eliminate needless duplication of, and promote
2161 cooperation in, governmental activities between, among, and
2162 within state, regional, county, city, and other governmental
2163 units.
2164 6. Ensure, wherever possible, that the geographic
2165 boundaries of water management districts, regional planning
2166 councils, and substate districts of the executive departments
2167 are shall be coterminous for related state or agency programs
2168 and functions and promote interagency agreements in order to
2169 reduce the number of districts and councils with jurisdiction in
2170 any one county.
2171 7. Encourage and provide for the restructuring of city and
2172 county political jurisdictions with the goals of greater
2173 efficiency and high-quality and more equitable and responsive
2174 public service programs.
2175 8. Replace multiple, small scale, economically inefficient
2176 local public facilities with regional facilities where they are
2177 proven to be more economical, particularly in terms of energy
2178 efficiency, and yet can retain the quality of service expected
2179 by the public.
2180 9. Encourage greater efficiency and economy at all levels
2181 of government through adoption and implementation of effective
2182 records management, information management, and evaluation
2183 procedures.
2184 10. Throughout government, establish citizen management
2185 efficiency groups and internal management groups to make
2186 recommendations for greater operating efficiencies and improved
2187 management practices.
2188 11. Encourage governments to seek outside contracting on a
2189 competitive-bid basis when cost-effective and appropriate.
2190 12. Discourage undue expansion of state government and make
2191 every effort to streamline state government in a cost-effective
2192 manner.
2193 13. Encourage joint venture solutions to mutual problems
2194 between levels of government and private enterprise.
2195 (21) THE ECONOMY.—
2196 (b) Policies.—
2197 1. Attract new job-producing industries, corporate
2198 headquarters, distribution and service centers, regional
2199 offices, and research and development facilities to provide
2200 quality employment for the residents of Florida.
2201 2. Promote entrepreneurship, small and small and minority
2202 owned business startups, and business startups in rural or urban
2203 areas as described in s. 288.703 by providing technical and
2204 information resources, facilitating capital formation, and
2205 removing regulatory restraints which are unnecessary for the
2206 protection of consumers and society.
2207 3. Maintain, as one of the state’s primary economic assets,
2208 the environment, including clean air and water, beaches,
2209 forests, historic landmarks, and agricultural and natural
2210 resources.
2211 4. Strengthen Florida’s position in the world economy
2212 through attracting foreign investment and promoting
2213 international banking and trade.
2214 5. Build on the state’s attractiveness to make it a leader
2215 in the visual and performing arts and in all phases of film,
2216 television, and recording production.
2217 6. Promote economic development for Florida residents
2218 through partnerships among education, business, industry,
2219 agriculture, and the arts.
2220 7. Provide increased opportunities for training Florida’s
2221 workforce to provide skilled employees for new and expanding
2222 business.
2223 8. Promote economic self-sufficiency through training and
2224 educational programs which result in productive employment.
2225 9. Promote cooperative employment arrangements between
2226 private employers and public sector employment efforts to
2227 provide productive, permanent employment opportunities for
2228 public assistance recipients through provisions of education
2229 opportunities, tax incentives, and employment training.
2230 10. Provide for nondiscriminatory employment opportunities.
2231 11. Provide quality child day care for public assistance
2232 families and others who need it in order to work.
2233 12. Encourage the development of a business climate that
2234 provides opportunities for the growth and expansion of existing
2235 state industries, particularly those industries which are
2236 compatible with Florida’s environment.
2237 13. Promote coordination among Florida’s ports to increase
2238 their utilization.
2239 14. Encourage the full utilization by businesses of the
2240 economic development enhancement programs implemented by the
2241 Legislature for the purpose of extensively involving private
2242 businesses in the development and expansion of permanent job
2243 opportunities, especially for the economically disadvantaged,
2244 through the utilization of enterprise zones, community
2245 development corporations, and other programs designed to enhance
2246 economic and employment opportunities.
2247 Section 66. Paragraph (g) of subsection (3) of section
2248 212.096, Florida Statutes, is amended to read:
2249 212.096 Sales, rental, storage, use tax; enterprise zone
2250 jobs credit against sales tax.—
2251 (3) In order to claim this credit, an eligible business
2252 must file under oath with the governing body or enterprise zone
2253 development agency having jurisdiction over the enterprise zone
2254 where the business is located, as applicable, a statement which
2255 includes:
2256 (g) Whether the business is a small business as defined by
2257 s. 288.703 s. 288.703(6).
2258 Section 67. Paragraph (c) of subsection (1) and subsection
2259 (2) of section 218.32, Florida Statutes, are amended to read:
2260 218.32 Annual financial reports; local governmental
2261 entities.—
2262 (1)
2263 (c) Each regional planning council created under s.
2264 186.504, each local government finance commission, board, or
2265 council, and each municipal power corporation created as a
2266 separate legal or administrative entity by interlocal agreement
2267 under s. 163.01(7) shall submit to the department a copy of its
2268 audit report and an annual financial report for the previous
2269 fiscal year in a format prescribed by the department.
2270 (2) The department shall annually by December 1 file a
2271 verified report with the Governor, the Legislature, the Auditor
2272 General, and the Special District Accountability Program of the
2273 Department of Commerce showing the revenues, both locally
2274 derived and derived from intergovernmental transfers, and the
2275 expenditures of each local governmental entity, regional
2276 planning council, local government finance commission, and
2277 municipal power corporation that is required to submit an annual
2278 financial report. In preparing the verified report, the
2279 department may request additional information from the local
2280 governmental entity. The information requested must be provided
2281 to the department within 45 days after the request. If the local
2282 governmental entity does not comply with the request, the
2283 department shall notify the Legislative Auditing Committee,
2284 which may take action pursuant to s. 11.40(2). The report must
2285 include, but is not limited to:
2286 (a) The total revenues and expenditures of each local
2287 governmental entity that is a component unit included in the
2288 annual financial report of the reporting entity.
2289 (b) The amount of outstanding long-term debt by each local
2290 governmental entity. For purposes of this paragraph, the term
2291 “long-term debt” means any agreement or series of agreements to
2292 pay money, which, at inception, contemplate terms of payment
2293 exceeding 1 year in duration.
2294 Section 68. Section 255.101, Florida Statutes, is amended
2295 to read:
2296 255.101 Contracts for public construction works;
2297 utilization of rural or urban minority business enterprises.—
2298 (1) All county officials, boards of county commissioners,
2299 school boards, city councils, city commissioners, and all other
2300 public officers of state boards or commissions which are charged
2301 with the letting of contracts for public works and for the
2302 construction of public bridges, buildings, and other structures
2303 shall operate in accordance with s. 287.093, except that all
2304 contracts for the construction of state facilities should comply
2305 with provisions in s. 287.09451, and rules adopted pursuant
2306 thereto, for the utilization of rural or urban minority business
2307 enterprises. When construction is financed in whole or in part
2308 from federal funds and where federal provisions for utilization
2309 of rural or urban minority business enterprises apply, this
2310 section may shall not apply.
2311 (2) Counties, municipalities, and special districts as
2312 defined in chapter 189, or other political subdivisions of the
2313 state are encouraged to be sensitive to the effect of job-size
2314 barriers on rural or urban minority businesses. To this end,
2315 these governmental entities are encouraged to competitively
2316 award public construction projects exceeding $100,000.
2317 Section 69. Section 255.102, Florida Statutes, is amended
2318 to read:
2319 255.102 Contractor utilization of rural or urban minority
2320 business enterprises.—
2321 (1) Agencies shall consider the use of price preferences,
2322 weighted preference formulas, or other preferences for
2323 construction contracts, as determined appropriate by the Office
2324 of Supplier Development Diversity to increase minority
2325 participation in rural or urban areas.
2326 (2) The Office of Supplier Development Diversity, in
2327 collaboration with the Board of Governors of the State
2328 University System, shall adopt rules to determine what is a
2329 “good faith effort” for purposes of contractor compliance with
2330 rural or urban areas minority participation goals established
2331 for competitively awarded building and construction projects.
2332 Pro forma efforts may shall not be considered good faith.
2333 Factors which must shall be considered by the state agency in
2334 determining whether a contractor has made good faith efforts
2335 shall include, but not be limited to:
2336 (a) Whether the contractor attended any presolicitation or
2337 prebid meetings that were scheduled by the agency to inform
2338 rural or urban minority business enterprises of contracting and
2339 subcontracting opportunities.
2340 (b) Whether the contractor advertised in general
2341 circulation, trade association, or rural-focused or urban
2342 focused minority-focus media concerning the subcontracting
2343 opportunities.
2344 (c) Whether the contractor provided written notice to all
2345 relevant subcontractors listed on the minority vendor list for
2346 that locality and statewide as provided by the agency as of the
2347 date of issuance of the invitation to bid, that their interest
2348 in the contract was being solicited in sufficient time to allow
2349 the rural or urban minority business enterprises to participate
2350 effectively.
2351 (d) Whether the contractor followed up initial
2352 solicitations of interest by contacting rural or urban minority
2353 business enterprises, the Office of Supplier Development
2354 Diversity, or minority persons who responded and provided
2355 detailed information about prebid meetings, access to plans,
2356 specifications, contractor’s project manager, subcontractor
2357 bonding, if any, payment schedule, bid addenda, and other
2358 assistance provided by the contractor to enhance rural or urban
2359 minority business enterprise participation.
2360 (e) Whether the contractor selected portions of the work to
2361 be performed by rural or urban minority business enterprises in
2362 order to increase the likelihood of meeting the rural or urban
2363 minority business enterprise procurement goals, including, where
2364 appropriate, breaking down contracts into economically feasible
2365 units to facilitate rural or urban minority business enterprise
2366 participation under reasonable and economical conditions of
2367 performance.
2368 (f) Whether the contractor provided the Office of Supplier
2369 Development Diversity as well as interested rural or urban
2370 minority business enterprises or minority persons with adequate
2371 information about the plans, specifications, and requirements of
2372 the contract or the availability of jobs at a time no later than
2373 when such information was provided to other subcontractors.
2374 (g) Whether the contractor negotiated in good faith with
2375 interested rural or urban minority business enterprises or
2376 minority persons, not rejecting rural or urban minority business
2377 enterprises or minority persons as unqualified without sound
2378 reasons based on a thorough investigation of their capabilities
2379 or imposing implausible conditions of performance on the
2380 contract.
2381 (h) Whether the contractor diligently seeks to replace a
2382 rural or urban minority business enterprise subcontractor that
2383 is unable to perform successfully with another rural or urban
2384 minority business enterprise.
2385 (i) Whether the contractor effectively used the services of
2386 available rural or urban minority community organizations; rural
2387 or urban minority contractors’ groups; local, state, and federal
2388 rural or urban minority business assistance offices; and other
2389 organizations that provide assistance in the recruitment and
2390 placement of rural or urban minority business enterprises or
2391 minority persons.
2392 (3) If an agency considers any other criteria in
2393 determining whether a contractor has made a good faith effort,
2394 the agency must shall adopt such criteria in accordance with s.
2395 120.54, and, where required by that section, by rule, after May
2396 31, 1994. In adopting such criteria, the agency shall identify
2397 the specific factors in as objective a manner as possible to be
2398 used to assess a contractor’s performance against said criteria.
2399 (4) Notwithstanding the provisions of s. 287.09451 to the
2400 contrary, agencies shall monitor good faith efforts of
2401 contractors in competitively awarded building and construction
2402 projects, in accordance with rules established pursuant to this
2403 section. It is the responsibility of the contractor to exercise
2404 good faith efforts in accordance with rules established pursuant
2405 to this section, and to provide documentation necessary to
2406 assess efforts to include rural or urban minority business
2407 participation.
2408 Section 70. Paragraph (a) of subsection (7) of section
2409 258.501, Florida Statutes, is amended to read:
2410 258.501 Myakka River; wild and scenic segment.—
2411 (7) MANAGEMENT COORDINATING COUNCIL.—
2412 (a) Upon designation, the department shall create a
2413 permanent council to provide interagency and intergovernmental
2414 coordination in the management of the river. The coordinating
2415 council shall be composed of one representative appointed from
2416 each of the following: the department, the Department of
2417 Transportation, the Fish and Wildlife Conservation Commission,
2418 the Department of Commerce, the Florida Forest Service of the
2419 Department of Agriculture and Consumer Services, the Division of
2420 Historical Resources of the Department of State, the Tampa Bay
2421 Regional Planning Council, the Southwest Florida Water
2422 Management District, the Southwest Florida Regional Planning
2423 Council, Manatee County, Sarasota County, Charlotte County, the
2424 City of Sarasota, the City of North Port, agricultural
2425 interests, environmental organizations, and any others deemed
2426 advisable by the department.
2427 Section 71. Subsections (1) and (3) of section 260.0142,
2428 Florida Statutes, are amended to read:
2429 260.0142 Florida Greenways and Trails Council; composition;
2430 powers and duties.—
2431 (1) There is created within the department the Florida
2432 Greenways and Trails Council which shall advise the department
2433 in the execution of the department’s powers and duties under
2434 this chapter. The council shall be composed of 19 21 members,
2435 consisting of:
2436 (a)1. Five Six members appointed by the Governor, with two
2437 members representing the trail user community, two members
2438 representing the greenway user community, one member from the
2439 board of the Florida Wildlife Corridor Foundation, and one
2440 member representing private landowners.
2441 2. Three members appointed by the President of the Senate,
2442 with one member representing the trail user community and two
2443 members representing the greenway user community.
2444 3. Three members appointed by the Speaker of the House of
2445 Representatives, with two members representing the trail user
2446 community and one member representing the greenway user
2447 community.
2448
2449 Those eligible to represent the trail user community shall be
2450 chosen from, but not be limited to, paved trail users, hikers,
2451 off-road bicyclists, users of off-highway vehicles, paddlers,
2452 equestrians, disabled outdoor recreational users, and commercial
2453 recreational interests. Those eligible to represent the greenway
2454 user community must be chosen from, but not be limited to,
2455 conservation organizations, nature study organizations, and
2456 scientists and university experts.
2457 (b) The 8 9 remaining members include:
2458 1. The Secretary of Environmental Protection or a designee.
2459 2. The executive director of the Fish and Wildlife
2460 Conservation Commission or a designee.
2461 3. The Secretary of Transportation or a designee.
2462 4. The Director of the Florida Forest Service of the
2463 Department of Agriculture and Consumer Services or a designee.
2464 5. The director of the Division of Historical Resources of
2465 the Department of State or a designee.
2466 6. A representative of the water management districts.
2467 Membership on the council must rotate among the five districts.
2468 The districts shall determine the order of rotation.
2469 7. A representative of a federal land management agency.
2470 The Secretary of Environmental Protection shall identify the
2471 appropriate federal agency and request designation of a
2472 representative from the agency to serve on the council.
2473 8. A representative of the regional planning councils to be
2474 appointed by the Secretary of Environmental Protection.
2475 Membership on the council must rotate among the seven regional
2476 planning councils. The regional planning councils shall
2477 determine the order of rotation.
2478 8.9. A representative of local governments to be appointed
2479 by the Secretary of Environmental Protection. Membership must
2480 alternate between a county representative and a municipal
2481 representative.
2482 (3) The term of all appointees shall be for 2 years unless
2483 otherwise specified. The appointees of the Governor, the
2484 President of the Senate, and the Speaker of the House of
2485 Representatives may be reappointed for no more than four
2486 consecutive terms. The representatives of the water management
2487 districts, regional planning councils, and local governments may
2488 be reappointed for no more than two consecutive terms. All other
2489 appointees shall serve until replaced.
2490 Section 72. Paragraph (d) of subsection (3) of section
2491 287.055, Florida Statutes, is amended to read:
2492 287.055 Acquisition of professional architectural,
2493 engineering, landscape architectural, or surveying and mapping
2494 services; definitions; procedures; contingent fees prohibited;
2495 penalties.—
2496 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—
2497 (d) Each agency shall evaluate professional services,
2498 including capabilities, adequacy of personnel, past record,
2499 experience, whether the firm is a certified minority business
2500 enterprise as defined by the Florida Small and Minority Business
2501 Assistance Act, and other factors determined by the agency to be
2502 applicable to its particular requirements. When securing
2503 professional services, an agency must endeavor to meet the rural
2504 or urban minority business enterprise procurement goals under s.
2505 287.09451.
2506 Section 73. Subsections (8), (9), and (12) of section
2507 287.057, Florida Statutes, are amended to read:
2508 287.057 Procurement of commodities or contractual
2509 services.—
2510 (8)(a) In order to strive to meet the rural or urban
2511 minority business enterprise procurement goals set forth in s.
2512 287.09451, an agency may reserve any contract for competitive
2513 solicitation only among certified rural or urban minority
2514 business enterprises. Agencies shall review all their contracts
2515 each fiscal year and shall determine which contracts may be
2516 reserved for solicitation only among certified rural or urban
2517 minority business enterprises. This reservation may only be used
2518 when it is determined, by reasonable and objective means, before
2519 the solicitation that there are capable, qualified certified
2520 rural or urban minority business enterprises available to submit
2521 a bid, proposal, or reply on a contract to provide for effective
2522 competition. The Office of Supplier Development Diversity shall
2523 consult with any agency in reaching such determination when
2524 deemed appropriate.
2525 (b) Before a contract may be reserved for solicitation only
2526 among certified rural or urban minority business enterprises,
2527 the agency head must find that such a reservation is in the best
2528 interests of the state. All determinations are shall be subject
2529 to s. 287.09451(5). Once a decision has been made to reserve a
2530 contract, but before sealed bids, proposals, or replies are
2531 requested, the agency shall estimate what it expects the amount
2532 of the contract to be, based on the nature of the services or
2533 commodities involved and their value under prevailing market
2534 conditions. If all the sealed bids, proposals, or replies
2535 received are over this estimate, the agency may reject the bids,
2536 proposals, or replies and request new ones from certified rural
2537 or urban minority business enterprises, or the agency may reject
2538 the bids, proposals, or replies and reopen the bidding to all
2539 eligible vendors.
2540 (c) All agencies shall consider the use of price
2541 preferences of up to 10 percent, weighted preference formulas,
2542 or other preferences for vendors as determined appropriate
2543 pursuant to guidelines established in accordance with s.
2544 287.09451(4) to increase the participation of certified rural or
2545 urban minority business enterprises.
2546 (d) All agencies shall avoid any undue concentration of
2547 contracts or purchases in categories of commodities or
2548 contractual services in order to meet the certified rural or
2549 urban minority business enterprise purchasing goals in s.
2550 287.09451.
2551 (9) An agency may reserve any contract for competitive
2552 solicitation only among vendors who agree to use certified rural
2553 or urban minority business enterprises as subcontractors or
2554 subvendors. The percentage of funds, in terms of gross contract
2555 amount and revenues, which must be expended with the certified
2556 rural or urban minority business enterprise subcontractors and
2557 subvendors shall be determined by the agency before such
2558 contracts may be reserved. In order to bid on a contract so
2559 reserved, the vendor shall identify those certified rural or
2560 urban minority business enterprises which will be utilized as
2561 subcontractors or subvendors by sworn statement. At the time of
2562 performance or project completion, the contractor shall report
2563 by sworn statement the payments and completion of work for all
2564 certified rural or urban minority business enterprises used in
2565 the contract.
2566 (12) If two equal responses to a solicitation or a request
2567 for quote are received and one response is from a certified
2568 rural or urban minority business enterprise, the agency must
2569 shall enter into a contract with the certified rural or urban
2570 minority business enterprise.
2571 Section 74. Section 287.0943, Florida Statutes, is amended
2572 to read:
2573 287.0943 Certification of rural or urban minority business
2574 enterprises.—
2575 (1) A business certified by any local governmental
2576 jurisdiction or organization shall be accepted by the Department
2577 of Management Services, Office of Supplier Development
2578 Diversity, as a certified rural or urban minority business
2579 enterprise for purposes of doing business with state government
2580 when the Office of Supplier Development Diversity determines
2581 that the state’s rural or urban minority business enterprise
2582 certification criteria are applied in the local certification
2583 process.
2584 (2)(a) The office is hereby directed to convene a “Rural or
2585 Urban Minority Business Certification Task Force.” The task
2586 force shall meet as often as necessary, but no less frequently
2587 than annually.
2588 (b) The task force shall be regionally balanced and
2589 comprised of officials representing the department, counties,
2590 municipalities, school boards, special districts, and other
2591 political subdivisions of the state who administer programs to
2592 assist rural or urban minority businesses in procurement or
2593 development in government-sponsored programs. The following
2594 organizations may appoint two members each of the task force who
2595 fit the description above:
2596 1. The Florida League of Cities, Inc.
2597 2. The Florida Association of Counties.
2598 3. The Florida School Boards Association, Inc.
2599 4. The Association of Special Districts.
2600 5. The Florida Association of Rural or Urban Minority
2601 Business Enterprise Officials.
2602 6. The Florida Association of Government Purchasing
2603 Officials.
2604
2605 In addition, the Office of Supplier Development Diversity shall
2606 appoint seven members consisting of three representatives of
2607 rural or urban minority business enterprises, one of whom should
2608 be a woman business owner, two officials of the office, and two
2609 at-large members to ensure balance. A quorum shall consist of
2610 one-third of the current members, and the task force may take
2611 action by majority vote. Any vacancy may only be filled by the
2612 organization or agency originally authorized to appoint the
2613 position.
2614 (c) The purpose of the task force will be to propose
2615 uniform criteria and procedures by which participating entities
2616 and organizations can qualify businesses to participate in
2617 procurement or contracting programs as certified rural or urban
2618 minority business enterprises in accordance with the
2619 certification criteria established by law.
2620 (d) A final list of the criteria and procedures proposed by
2621 the task force shall be considered by the secretary. The task
2622 force may seek technical assistance from qualified providers of
2623 technical, business, and managerial expertise to ensure the
2624 reliability of the certification criteria developed.
2625 (e) In assessing the status of ownership and control,
2626 certification criteria shall, at a minimum:
2627 1. Link ownership by a minority person owning a business
2628 enterprise in a rural or urban area as defined in s. 288.703, or
2629 as dictated by the legal obligations of a certifying
2630 organization, to day-to-day control and financial risk by the
2631 qualifying minority owner, and to demonstrated expertise or
2632 licensure of an a minority owner in any trade or profession that
2633 the rural or urban minority business enterprise will offer to
2634 the state when certified. Businesses must comply with all state
2635 licensing requirements before becoming certified as a rural or
2636 urban minority business enterprise.
2637 2. If present ownership was obtained by transfer, require
2638 the minority person on whom eligibility is based to have owned
2639 at least 51 percent of the applicant firm for a minimum of 2
2640 years, when any previous majority ownership interest in the firm
2641 was by a nonminority who is or was a relative, former employer,
2642 or current employer of the minority person on whom eligibility
2643 is based. This requirement does not apply to minority persons
2644 who are otherwise eligible who take a 51-percent-or-greater
2645 interest in a firm that requires professional licensure to
2646 operate and who will be the qualifying licenseholder for the
2647 firm when certified. A transfer made within a related immediate
2648 family group from a nonminority person to a minority person in
2649 order to establish ownership by a minority person shall be
2650 deemed to have been made solely for purposes of satisfying
2651 certification criteria and shall render such ownership invalid
2652 for purposes of qualifying for such certification if the
2653 combined total net asset value of all members of such family
2654 group exceeds $1 million. For purposes of this subparagraph, the
2655 term “related immediate family group” means one or more children
2656 under 16 years of age and a parent of such children or the
2657 spouse of such parent residing in the same house or living unit.
2658 3. Require that prospective certified rural or urban
2659 minority business enterprises be currently performing or seeking
2660 to perform a useful business function. A “useful business
2661 function” is defined as a business function which results in the
2662 provision of materials, supplies, equipment, or services to
2663 customers. Acting as a conduit to transfer funds to a non-rural
2664 or a non-urban nonminority business does not constitute a useful
2665 business function unless it is done so in a normal industry
2666 practice. As used in this section, the term “acting as a
2667 conduit” means, in part, not acting as a regular dealer by
2668 making sales of material, goods, or supplies from items bought,
2669 kept in stock, and regularly sold to the public in the usual
2670 course of business. Brokers, manufacturer’s representatives,
2671 sales representatives, and nonstocking distributors are
2672 considered as conduits that do not perform a useful business
2673 function, unless normal industry practice dictates.
2674 (f) When a business receives payments or awards exceeding
2675 $100,000 in one fiscal year, a review of its certification
2676 status or an audit will be conducted within 2 years. In
2677 addition, random reviews or audits will be conducted as deemed
2678 appropriate by the Office of Supplier Development Diversity.
2679 (g) The certification criteria approved by the task force
2680 and adopted by the Department of Management Services must shall
2681 be included in a statewide and interlocal agreement as defined
2682 in s. 287.09431 and, in accordance with s. 163.01, shall be
2683 executed according to the terms included therein.
2684 (h) The certification procedures should allow an applicant
2685 seeking certification to designate on the application form the
2686 information the applicant considers to be proprietary,
2687 confidential business information. As used in this paragraph,
2688 the term “proprietary, confidential business information”
2689 includes, but is not limited to, any information that would be
2690 exempt from public inspection pursuant to the provisions of
2691 chapter 119; trade secrets; internal auditing controls and
2692 reports; contract costs; or other information the disclosure of
2693 which would injure the affected party in the marketplace or
2694 otherwise violate s. 286.041. The executor in receipt of the
2695 application shall issue written and final notice of any
2696 information for which noninspection is requested but not
2697 provided for by law.
2698 (i) A business that is certified under the provisions of
2699 the statewide and interlocal agreement is shall be deemed a
2700 certified rural or urban minority enterprise in all
2701 jurisdictions or organizations where the agreement is in effect,
2702 and that business is deemed available to do business as such
2703 within any such jurisdiction or with any such organization
2704 statewide. All state agencies must accept rural or urban
2705 minority business enterprises certified in accordance with the
2706 statewide and interlocal agreement of s. 287.09431, and that
2707 business shall also be deemed a “certified rural or urban
2708 minority business enterprise” as defined in s. 288.703. However,
2709 any governmental jurisdiction or organization that administers a
2710 rural or urban minority business purchasing program may reserve
2711 the right to establish further certification procedures
2712 necessary to comply with federal law.
2713 (j) The statewide and interlocal agreement must shall be
2714 guided by the terms and conditions found therein and may be
2715 amended at any meeting of the task force and subsequently
2716 adopted by the secretary of the Department of Management
2717 Services. The amended agreement must be enacted, initialed, and
2718 legally executed by at least two-thirds of the certifying
2719 entities party to the existing agreement and adopted by the
2720 state as originally executed in order to bind the certifying
2721 entity.
2722 (k) The task force shall meet for the first time no later
2723 than 45 days after the effective date of this act.
2724 (3)(a) The office shall review and evaluate the
2725 certification programs and procedures of all prospective
2726 executors of the statewide and interlocal agreement to determine
2727 whether if their programs exhibit the capacity to meet the
2728 standards of the agreement.
2729 (b) The evaluations shall, at a minimum, consider: the
2730 certifying entity’s capacity to conduct investigations of
2731 applicants seeking certification under the designated criteria;
2732 the ability of the certifying entity to collect the requisite
2733 data and to establish adequate protocol to store and exchange
2734 said information among the executors of the agreement and to
2735 provide adequate security to prevent unauthorized access to
2736 information gathered during the certification process; and the
2737 degree to which any legal obligations or supplemental
2738 requirements unique to the certifying entity exceed the capacity
2739 of that entity to conduct certifications.
2740 (c) Any firms certified by organizations or governmental
2741 entities determined not to meet the state certification criteria
2742 may shall not be eligible to participate as certified rural or
2743 urban minority business enterprises in the rural or urban
2744 minority business assistance programs of the state. For a period
2745 of 1 year from the effective date of this legislation, the
2746 executor of the statewide and interlocal agreement may elect to
2747 accept only rural or urban minority business enterprises
2748 certified pursuant to criteria in place at the time the
2749 agreement was signed. After the 1-year period, either party may
2750 elect to withdraw from the agreement without further notice.
2751 (d) Any organizations or governmental entities determined
2752 by the office not to meet the standards of the agreement may
2753 shall not be eligible to execute the statewide and interlocal
2754 agreement as a participating organization until approved by the
2755 office.
2756 (e) Any participating program receiving three or more
2757 challenges to its certification decisions pursuant to subsection
2758 (4) from other organizations that are executors to the statewide
2759 and interlocal agreement, shall be subject to a review by the
2760 office, as provided in paragraphs (a) and (b), of the
2761 organization’s capacity to perform under such agreement and in
2762 accordance with the core criteria established by the task force.
2763 The office shall submit a report to the secretary of the
2764 Department of Management Services regarding the results of the
2765 review.
2766 (f) The office shall maintain a directory of all executors
2767 of the statewide and interlocal agreement. The directory should
2768 be communicated to the general public.
2769 (4) A certification may be challenged by any executor to
2770 the statewide and interlocal agreement upon the grounds of
2771 failure by the certifying organization to adhere to the adopted
2772 criteria or to the certifying organization’s rules and
2773 procedures, or on the grounds of a misrepresentation or fraud by
2774 the certified rural or urban minority business enterprise. The
2775 challenge must shall proceed according to procedures specified
2776 in the agreement.
2777 (5)(a) The secretary of the Department of Management
2778 Services shall execute the statewide and interlocal agreement
2779 established under s. 287.09431 on behalf of the state. The
2780 office shall certify rural or urban minority business
2781 enterprises in accordance with the laws of this state and, by
2782 affidavit, shall recertify such rural or urban minority business
2783 enterprises not less than once each year.
2784 (b) The office shall contract with parties to the statewide
2785 and interlocal agreement to perform onsite visits associated
2786 with state certifications.
2787 (6)(a) The office shall maintain up-to-date records of all
2788 certified rural or urban minority business enterprises, as
2789 defined in s. 288.703, and of applications for certification
2790 that were denied and shall make this list available to all
2791 agencies. The office shall, for statistical purposes, collect
2792 and track subgroupings of gender and nationality status for each
2793 certified rural or urban minority business enterprise. Agency
2794 spending shall also be tracked for these subgroups. The records
2795 may include information about certified rural or urban minority
2796 business enterprises that provide legal services, auditing
2797 services, and health services. Agencies shall use this list in
2798 efforts to meet the certified rural or urban minority business
2799 enterprise procurement goals set forth in s. 287.09451.
2800 (b) The office shall establish and administer a
2801 computerized data bank to carry out the requirements of
2802 paragraph (a), to be available to all executors of the statewide
2803 and interlocal agreement. Data maintained in the data bank must
2804 shall be sufficient to allow each executor to reasonably monitor
2805 certifications it has issued.
2806 (7) The office shall identify rural or urban minority
2807 business enterprises eligible for certification in all areas of
2808 state services and commodities purchasing. The office may
2809 contract with a private firm or other agency, if necessary, in
2810 seeking to identify rural or urban minority business enterprises
2811 for certification. Agencies may request the office to identify
2812 certifiable rural or urban minority business enterprises that
2813 are in the business of providing a given service or commodity;
2814 the office shall respond to such requests and seek out such
2815 certifiable rural or urban minority business enterprises.
2816 (8) The office shall adopt rules necessary to implement
2817 this section.
2818 (9) State agencies shall comply with this act except to the
2819 extent that the requirements of this act are in conflict with
2820 federal law.
2821 (10) Any transfer of ownership or permanent change in the
2822 management and daily operations of a certified rural or urban
2823 minority business enterprise which may affect certification must
2824 be reported to the original certifying jurisdiction or entity
2825 and to the office within 14 days of the transfer or change
2826 taking place. In the event of a transfer of ownership, the
2827 transferee seeking to do business with the state as a certified
2828 rural or urban minority business enterprise is responsible for
2829 such reporting. In the event of a permanent change in the
2830 management and daily operations, owners seeking to do business
2831 with the state as a certified rural or urban minority business
2832 enterprise are responsible for reporting such change to the
2833 office. A Any person violating the provisions of this subsection
2834 commits shall be guilty of a misdemeanor of the first degree,
2835 punishable as provided in s. 775.082 or s. 775.083.
2836 (11) To deter fraud in the program, the Auditor General may
2837 review the criteria by which a business became certified as a
2838 certified rural or urban minority business enterprise.
2839 (12) Any executor of the statewide and interlocal agreement
2840 may revoke the certification or recertification of a firm doing
2841 business as a certified rural or urban minority business
2842 enterprise if the rural or urban minority business enterprise
2843 does not meet the requirements of the jurisdiction or certifying
2844 entity that certified or recertified the firm as a certified
2845 rural or urban minority business enterprise, or the requirements
2846 of subsection (2), s. 288.703(2), and any rule of the office or
2847 the Department of Management Services or if the business
2848 acquired certification or recertification by means of falsely
2849 representing any entity as a rural or urban minority business
2850 enterprise for purposes of qualifying for certification or
2851 recertification.
2852 (13) Unless permanently revoked, a certified rural or urban
2853 minority business enterprise for which certification or
2854 recertification has been revoked may not apply or reapply for
2855 certification or recertification for a minimum of 36 months
2856 after the date of the notice of revocation.
2857 (14)(a) Except for certification decisions issued by the
2858 Office of Supplier Development Diversity, an executor to the
2859 statewide and interlocal agreement shall, in accordance with its
2860 rules and procedures:
2861 1. Give reasonable notice to affected persons or parties of
2862 its decision to deny certification based on failure to meet
2863 eligibility requirements of the statewide and interlocal
2864 agreement of s. 287.09431, together with a summary of the
2865 grounds therefor.
2866 2. Give affected persons or parties an opportunity, at a
2867 convenient time and place, to present to the agency written or
2868 oral evidence in opposition to the action or of the executor’s
2869 refusal to act.
2870 3. Give a written explanation of any subsequent decision of
2871 the executor overruling the objections.
2872 (b) An applicant that is denied rural or urban minority
2873 business enterprise certification based on failure to meet
2874 eligibility requirements of the statewide and interlocal
2875 agreement pursuant to s. 287.09431 may not reapply for
2876 certification or recertification until at least 6 months after
2877 the date of the notice of the denial of certification or
2878 recertification.
2879 (15) The office shall adopt rules in compliance with this
2880 part.
2881 Section 75. Section 287.09431, Florida Statutes, is amended
2882 to read:
2883 287.09431 Statewide and interlocal agreement on
2884 certification of business concerns for the status of rural or
2885 urban minority business enterprise.—The statewide and interlocal
2886 agreement on certification of business concerns for the status
2887 of rural or urban minority business enterprise is hereby enacted
2888 and entered into with all jurisdictions or organizations legally
2889 joining therein. If, within 2 years from the date that the
2890 certification core criteria are approved by the Department of
2891 Management Services, the agreement included herein is not
2892 executed by a majority of county and municipal governing bodies
2893 that administer a rural or urban minority business assistance
2894 program on the effective date of this act, then the Legislature
2895 shall review this agreement. It is the intent of the Legislature
2896 that if the agreement is not executed by a majority of the
2897 requisite governing bodies, then a statewide uniform
2898 certification process should be adopted, and that such said
2899 agreement should be repealed and replaced by a mandatory state
2900 government certification process.
2901
2902 ARTICLE I
2903
2904 PURPOSE, FINDINGS, AND POLICY.—
2905 (1) The parties to this agreement, desiring by common
2906 action to establish a uniform certification process in order to
2907 reduce the multiplicity of applications by business concerns to
2908 state and local governmental programs for rural or urban
2909 minority business assistance, declare that it is the policy of
2910 each of them, on the basis of cooperation with one another, to
2911 remedy social and economic disadvantage suffered by certain
2912 groups, resulting in their being historically underutilized in
2913 ownership and control of commercial enterprises. Thus, the
2914 parties seek to address this history by increasing the
2915 participation of the identified groups in opportunities afforded
2916 by government procurement.
2917 (2) The parties find that the State of Florida presently
2918 certifies firms for participation in the rural or urban minority
2919 business assistance programs of the state. The parties find
2920 further that some counties, municipalities, school boards,
2921 special districts, and other divisions of local government
2922 require a separate, yet similar, and in most cases redundant
2923 certification in order for businesses to participate in the
2924 programs sponsored by each government entity.
2925 (3) The parties find further that this redundant
2926 certification has proven to be unduly burdensome to the
2927 minority-owned firms located in rural or urban areas as defined
2928 in s. 288.703 which are intended to benefit from the underlying
2929 purchasing incentives.
2930 (4) The parties agree that:
2931 (a) They will facilitate integrity, stability, and
2932 cooperation in the statewide and interlocal certification
2933 process, and in other elements of programs established to assist
2934 minority-owned businesses located in rural or urban areas.
2935 (b) They shall cooperate with agencies, organizations, and
2936 associations interested in certification and other elements of
2937 rural or urban minority business assistance.
2938 (c) It is the purpose of this agreement to provide for a
2939 uniform process whereby the status of a business concern may be
2940 determined in a singular review of the business information for
2941 these purposes, in order to eliminate any undue expense, delay,
2942 or confusion to the minority-owned businesses located in rural
2943 or urban areas in seeking to participate in the rural or urban
2944 minority business assistance programs of state and local
2945 jurisdictions.
2946
2947 ARTICLE II
2948
2949 DEFINITIONS.—As used in this agreement and contracts made
2950 pursuant to it, unless the context clearly requires otherwise:
2951 (1) “Awarding organization” means any political subdivision
2952 or organization authorized by law, ordinance, or agreement to
2953 enter into contracts and for which the governing body has
2954 entered into this agreement.
2955 (2) “Department” means the Department of Management
2956 Services.
2957 (3) “Minority” means a person who is a lawful, permanent
2958 resident of the state, having origins in one of the minority
2959 groups as described and adopted by the Department of Management
2960 Services, hereby incorporated by reference.
2961 (4) “Rural or urban minority business enterprise” means any
2962 small business concern as defined in subsection (5) (6) that
2963 meets all of the criteria described and adopted by the
2964 Department of Management Services, hereby incorporated by
2965 reference.
2966 (3)(5) “Participating state or local organization” means
2967 any political subdivision of the state or organization
2968 designated by such that elects to participate in the
2969 certification process pursuant to this agreement, which has been
2970 approved according to s. 287.0943(3) and has legally entered
2971 into this agreement.
2972 (5)(6) “Small business concern” means an independently
2973 owned and operated business concern which is of a size and type
2974 as described and adopted by vote related to this agreement of
2975 the commission, hereby incorporated by reference.
2976
2977 ARTICLE III
2978
2979 STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
2980 (1) All awarding organizations shall accept a certification
2981 granted by any participating organization which has been
2982 approved according to s. 287.0943(3) and has entered into this
2983 agreement, as valid status of rural or urban minority business
2984 enterprise.
2985 (2) A participating organization shall certify a business
2986 concern that meets the definition of a rural or urban minority
2987 business enterprise in this agreement, in accordance with the
2988 duly adopted eligibility criteria.
2989 (3) All participating organizations shall issue notice of
2990 certification decisions granting or denying certification to all
2991 other participating organizations within 14 days of the
2992 decision. Such notice may be made through electronic media.
2993 (4) A No certification may not will be granted without an
2994 onsite visit to verify ownership and control of the prospective
2995 rural or urban minority business enterprise, unless verification
2996 can be accomplished by other methods of adequate verification or
2997 assessment of ownership and control.
2998 (5) The certification of a rural or urban minority business
2999 enterprise pursuant to the terms of this agreement may shall not
3000 be suspended, revoked, or otherwise impaired except on any
3001 grounds which would be sufficient for revocation or suspension
3002 of a certification in the jurisdiction of the participating
3003 organization.
3004 (6) The certification determination of a party may be
3005 challenged by any other participating organization by the
3006 issuance of a timely written notice by the challenging
3007 organization to the certifying organization’s determination
3008 within 10 days of receiving notice of the certification
3009 decision, stating the grounds for such challenge therefor.
3010 (7) The sole accepted grounds for challenge are shall be
3011 the failure of the certifying organization to adhere to the
3012 adopted criteria or the certifying organization’s rules or
3013 procedures, or the perpetuation of a misrepresentation or fraud
3014 by the firm.
3015 (8) The certifying organization shall reexamine its
3016 certification determination and submit written notice to the
3017 applicant and the challenging organization of its findings
3018 within 30 days after the receipt of the notice of challenge.
3019 (9) If the certification determination is affirmed, the
3020 challenging agency may subsequently submit timely written notice
3021 to the firm of its intent to revoke certification of the firm.
3022
3023 ARTICLE IV
3024
3025 APPROVED AND ACCEPTED PROGRAMS.—Nothing in This agreement
3026 may not shall be construed to repeal or otherwise modify any
3027 ordinance, law, or regulation of a party relating to the
3028 existing rural or urban minority business assistance provisions
3029 and procedures by which rural or urban minority business
3030 enterprises participate therein.
3031
3032 ARTICLE V
3033
3034 TERM.—The term of the agreement is shall be 5 years, after
3035 which it may be reexecuted by the parties.
3036
3037 ARTICLE VI
3038
3039 AGREEMENT EVALUATION.—The designated state and local
3040 officials may meet from time to time as a group to evaluate
3041 progress under the agreement, to formulate recommendations for
3042 changes, or to propose a new agreement.
3043
3044 ARTICLE VII
3045
3046 OTHER ARRANGEMENTS.—Nothing in This agreement may not shall
3047 be construed to prevent or inhibit other arrangements or
3048 practices of any party in order to comply with federal law.
3049
3050 ARTICLE VIII
3051
3052 EFFECT AND WITHDRAWAL.—
3053 (1) This agreement becomes shall become effective when
3054 properly executed by a legal representative of the participating
3055 organization, when enacted into the law of the state and after
3056 an ordinance or other legislation is enacted into law by the
3057 governing body of each participating organization. Thereafter it
3058 becomes shall become effective as to any participating
3059 organization upon the enactment of this agreement by the
3060 governing body of that organization.
3061 (2) Any party may withdraw from this agreement by enacting
3062 legislation repealing the same, but no such withdrawal may not
3063 shall take effect until one year after the governing body of the
3064 withdrawing party has given notice in writing of the withdrawal
3065 to the other parties.
3066 (3) A No withdrawal may not shall relieve the withdrawing
3067 party of any obligations imposed upon it by law.
3068
3069 ARTICLE IX
3070
3071 FINANCIAL RESPONSIBILITY.—
3072 (1) A participating organization is shall not be
3073 financially responsible or liable for the obligations of any
3074 other participating organization related to this agreement.
3075 (2) The provisions of This agreement does not shall
3076 constitute neither a waiver of any governmental immunity under
3077 Florida law or nor a waiver of any defenses of the parties under
3078 Florida law. The provisions of This agreement is are solely for
3079 the benefit of its executors and is not intended to create or
3080 grant any rights, contractual or otherwise, to any person or
3081 entity.
3082
3083 ARTICLE X
3084
3085 VENUE AND GOVERNING LAW.—The obligations of the parties to
3086 this agreement are performable only within the county where the
3087 participating organization is located, and statewide for the
3088 Office of Supplier Development Diversity, and venue for any
3089 legal action in connection with this agreement is shall lie, for
3090 any participating organization except the Office of Supplier
3091 Development Diversity, exclusively in the county where the
3092 participating organization is located. This agreement is shall
3093 be governed by and construed in accordance with the laws and
3094 court decisions of this the state.
3095
3096 ARTICLE XI
3097
3098 CONSTRUCTION AND SEVERABILITY.—This agreement must shall be
3099 liberally construed so as to effectuate the purposes thereof.
3100 The provisions of This agreement is shall be severable and if
3101 any phrase, clause, sentence, or provision of this agreement is
3102 declared to be contrary to the State Constitution or the United
3103 States Constitution, or the application thereof to any
3104 government, agency, person, or circumstance is held invalid, the
3105 validity of the remainder of this agreement and the
3106 applicability thereof to any government, agency, person, or
3107 circumstance is shall not be affected thereby. If this agreement
3108 is shall be held contrary to the State Constitution, the
3109 agreement remains shall remain in full force and effect as to
3110 all severable matters.
3111 Section 76. Paragraph (b) of subsection (2) of section
3112 288.0001, Florida Statutes, is amended to read:
3113 288.0001 Economic Development Programs Evaluation.—The
3114 Office of Economic and Demographic Research and the Office of
3115 Program Policy Analysis and Government Accountability (OPPAGA)
3116 shall develop and present to the Governor, the President of the
3117 Senate, the Speaker of the House of Representatives, and the
3118 chairs of the legislative appropriations committees the Economic
3119 Development Programs Evaluation.
3120 (2) The Office of Economic and Demographic Research and
3121 OPPAGA shall provide a detailed analysis of economic development
3122 programs as provided in the following schedule:
3123 (b) By January 1, 2015, and every 3 years thereafter, an
3124 analysis of:
3125 1. The entertainment industry sales tax exemption program
3126 established under s. 288.1258.
3127 2. VISIT Florida and its programs established or funded
3128 under ss. 288.122-288.12265 and 288.124.
3129 3. The Florida Sports Foundation and related programs,
3130 including those established under ss. 288.1162, 288.11621,
3131 288.1166, and 288.1167.
3132 Section 77. Section 288.7031, Florida Statutes, is amended
3133 to read:
3134 288.7031 Application of certain definitions.—The
3135 definitions of “small business,” and “certified rural or urban
3136 minority business enterprise,” and “certified minority business
3137 enterprise” provided in s. 288.703 apply to the state and all
3138 political subdivisions of the state.
3139 Section 78. Paragraph (f) of subsection (2), paragraph (c)
3140 of subsection (4), and subsections (7) and (8), and (9) of
3141 section 288.975, Florida Statutes, are amended to read:
3142 288.975 Military base reuse plans.—
3143 (2) As used in this section, the term:
3144 (f) “Regional policy plan” means a strategic regional
3145 policy plan that has been adopted by rule by a regional planning
3146 council pursuant to s. 186.508.
3147 (4)
3148 (c) Military base reuse plans shall identify projected
3149 impacts to significant regional resources and natural resources
3150 of regional significance as identified by applicable regional
3151 planning councils in their regional policy plans and the actions
3152 that shall be taken to mitigate such impacts.
3153 (7) A military base reuse plan must shall be consistent
3154 with the comprehensive plan of the host local government and may
3155 shall not conflict with the comprehensive plan of any affected
3156 local governments. A military base reuse plan must shall be
3157 consistent with the nonprocedural requirements of part II of
3158 chapter 163 and rules adopted thereunder, applicable regional
3159 policy plans, and the state comprehensive plan.
3160 (8) At the request of a host local government, the
3161 department shall coordinate a presubmission workshop concerning
3162 a military base reuse plan within the boundaries of the host
3163 jurisdiction. Agencies that must shall participate in the
3164 workshop shall include any affected local governments; the
3165 Department of Environmental Protection; the department; the
3166 Department of Transportation; the Department of Health; the
3167 Department of Children and Families; the Department of Juvenile
3168 Justice; the Department of Agriculture and Consumer Services;
3169 the Department of State; the Fish and Wildlife Conservation
3170 Commission; and any applicable water management districts and
3171 regional planning councils. The purposes of the workshop are
3172 shall be to assist the host local government to understand
3173 issues of concern to the above listed entities pertaining to the
3174 military base site and to identify opportunities for better
3175 coordination of planning and review efforts with the information
3176 and analyses generated by the federal environmental impact
3177 statement process and the federal community base reuse planning
3178 process.
3179 (9) If a host local government elects to use the optional
3180 provisions of this act, it must shall, no later than 12 months
3181 after notifying the agencies of its intent pursuant to
3182 subsection (3) either:
3183 (a) Send a copy of the proposed military base reuse plan
3184 for review to any affected local governments; the Department of
3185 Environmental Protection; the department; the Department of
3186 Transportation; the Department of Health; the Department of
3187 Children and Families; the Department of Juvenile Justice; the
3188 Department of Agriculture and Consumer Services; the Department
3189 of State; the Fish and Wildlife Conservation Commission; and any
3190 applicable water management districts and regional planning
3191 councils, or
3192 (b) Petition the department for an extension of the
3193 deadline for submitting a proposed reuse plan. Such an extension
3194 request must be justified by changes or delays in the closure
3195 process by the federal Department of Defense or for reasons
3196 otherwise deemed to promote the orderly and beneficial planning
3197 of the subject military base reuse. The department may grant
3198 extensions to the required submission date of the reuse plan.
3199 Section 79. Subsection (4) of section 290.004, Florida
3200 Statutes, is amended to read:
3201 290.004 Definitions relating to Florida Enterprise Zone
3202 Act.—As used in ss. 290.001-290.016:
3203 (4) “Certified rural or urban Minority business enterprise”
3204 has the same meaning as provided in s. 288.703.
3205 Section 80. Paragraph (b) of subsection (26) of section
3206 320.08058, Florida Statutes, is amended to read:
3207 320.08058 Specialty license plates.—
3208 (26) TAMPA BAY ESTUARY LICENSE PLATES.—
3209 (b) The annual use fees shall be distributed to the Tampa
3210 Bay Estuary Program created by s. 163.01.
3211 1. A maximum of 5 percent of such fees may be used for
3212 marketing the plate.
3213 2. Twenty percent of the proceeds from the annual use fee,
3214 not to exceed $50,000, shall be provided to the Tampa Bay
3215 Regional Planning Council for activities of the Agency on Bay
3216 Management implementing the Council/Agency Action Plan for the
3217 restoration of the Tampa Bay estuary, as approved by the Tampa
3218 Bay Estuary Program Policy Board.
3219 2.3. The remaining proceeds must be used to implement the
3220 Comprehensive Conservation and Management Plan for Tampa Bay,
3221 pursuant to priorities approved by the Tampa Bay Estuary Program
3222 Policy Board.
3223 Section 81. Paragraph (b) of subsection (3) of section
3224 335.188, Florida Statutes, is amended to read:
3225 335.188 Access management standards; access control
3226 classification system; criteria.—
3227 (3) The control classification system shall be developed
3228 consistent with the following:
3229 (b) The access control classification system shall be
3230 developed in cooperation with counties, municipalities, the
3231 state land planning agency, regional planning councils,
3232 metropolitan planning organizations, and other local
3233 governmental entities.
3234 Section 82. Paragraph (b) of subsection (4) of section
3235 339.155, Florida Statutes, is amended to read:
3236 339.155 Transportation planning.—
3237 (4) ADDITIONAL TRANSPORTATION PLANS.—
3238 (b) Each regional planning council, as provided for in s.
3239 186.504, or any successor agency thereto, shall develop, as an
3240 element of its strategic regional policy plan, transportation
3241 goals and policies. The transportation goals and policies must
3242 be prioritized to comply with the prevailing principles provided
3243 in subsection (1) and s. 334.046(1). The transportation goals
3244 and policies shall be consistent, to the maximum extent
3245 feasible, with the goals and policies of the metropolitan
3246 planning organization and the Florida Transportation Plan. The
3247 transportation goals and policies of the regional planning
3248 council will be advisory only and shall be submitted to the
3249 department and any affected metropolitan planning organization
3250 for their consideration and comments. Metropolitan planning
3251 organization plans and other local transportation plans shall be
3252 developed consistent, to the maximum extent feasible, with the
3253 regional transportation goals and policies.
3254 Section 83. Paragraph (g) of subsection (6) of section
3255 339.175, Florida Statutes, is amended to read:
3256 339.175 Metropolitan planning organization.—
3257 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
3258 privileges, and authority of an M.P.O. are those specified in
3259 this section or incorporated in an interlocal agreement
3260 authorized under s. 163.01. Each M.P.O. shall perform all acts
3261 required by federal or state laws or rules, now and subsequently
3262 applicable, which are necessary to qualify for federal aid. It
3263 is the intent of this section that each M.P.O. be involved in
3264 the planning and programming of transportation facilities,
3265 including, but not limited to, airports, intercity and high
3266 speed rail lines, seaports, and intermodal facilities, to the
3267 extent permitted by state or federal law. An M.P.O. may not
3268 perform project production or delivery for capital improvement
3269 projects on the State Highway System.
3270 (g) Each M.P.O. shall have an executive or staff director
3271 who reports directly to the M.P.O. governing board for all
3272 matters regarding the administration and operation of the M.P.O.
3273 and any additional personnel as deemed necessary. The executive
3274 director and any additional personnel may be employed either by
3275 an M.P.O. or by another governmental entity, such as a county
3276 or, city, or regional planning council, that has a staff
3277 services agreement signed and in effect with the M.P.O. Each
3278 M.P.O. may enter into contracts with local or state agencies,
3279 private planning firms, private engineering firms, or other
3280 public or private entities to accomplish its transportation
3281 planning and programming duties and administrative functions.
3282 Section 84. Subsection (6) of section 339.285, Florida
3283 Statutes, is amended to read:
3284 339.285 Enhanced Bridge Program for Sustainable
3285 Transportation.—
3286 (6) Preference shall be given to bridge projects located on
3287 corridors that connect to the Strategic Intermodal System,
3288 created under s. 339.64, and that have been identified as
3289 regionally significant in accordance with s. 339.155(4)(b), (c),
3290 and (d) s. 339.155(4)(c), (d), and (e).
3291 Section 85. Subsections (3) and (4) of section 339.63,
3292 Florida Statutes, are amended to read:
3293 339.63 System facilities designated; additions and
3294 deletions.—
3295 (3) After the initial designation of the Strategic
3296 Intermodal System under subsection (1), the department shall, in
3297 coordination with the metropolitan planning organizations, local
3298 governments, regional planning councils, transportation
3299 providers, and affected public agencies, add facilities to or
3300 delete facilities from the Strategic Intermodal System described
3301 in paragraphs (2)(b) and (c) based upon criteria adopted by the
3302 department.
3303 (4) After the initial designation of the Strategic
3304 Intermodal System under subsection (1), the department shall, in
3305 coordination with the metropolitan planning organizations, local
3306 governments, regional planning councils, transportation
3307 providers, and affected public agencies, add facilities to or
3308 delete facilities from the Strategic Intermodal System described
3309 in paragraph (2)(a) based upon criteria adopted by the
3310 department. However, an airport that is designated as a reliever
3311 airport to a Strategic Intermodal System airport which has at
3312 least 75,000 itinerant operations per year, has a runway length
3313 of at least 5,500 linear feet, is capable of handling aircraft
3314 weighing at least 60,000 pounds with a dual wheel configuration
3315 which is served by at least one precision instrument approach,
3316 and serves a cluster of aviation-dependent industries, shall be
3317 designated as part of the Strategic Intermodal System by the
3318 Secretary of Transportation upon the request of a reliever
3319 airport meeting this criteria.
3320 Section 86. Subsection (1) and paragraph (a) of subsection
3321 (3) of section 339.64, Florida Statutes, are amended to read:
3322 339.64 Strategic Intermodal System Plan.—
3323 (1) The department shall develop, in cooperation with
3324 metropolitan planning organizations, regional planning councils,
3325 local governments, and other transportation providers, a
3326 Strategic Intermodal System Plan. The plan shall be consistent
3327 with the Florida Transportation Plan developed pursuant to s.
3328 339.155 and shall be updated at least once every 5 years,
3329 subsequent to updates of the Florida Transportation Plan.
3330 (3)(a) During the development of updates to the Strategic
3331 Intermodal System Plan, the department shall provide
3332 metropolitan planning organizations, regional planning councils,
3333 local governments, transportation providers, affected public
3334 agencies, and citizens with an opportunity to participate in and
3335 comment on the development of the update.
3336 Section 87. Subsection (1) of section 341.041, Florida
3337 Statutes, is amended to read:
3338 341.041 Transit responsibilities of the department.—The
3339 department shall, within the resources provided pursuant to
3340 chapter 216:
3341 (1) Develop a statewide plan that provides for public
3342 transit and intercity bus service needs at least 5 years in
3343 advance. The plan shall be developed in a manner that will
3344 assure maximum use of existing facilities, and optimum
3345 integration and coordination of the various modes of
3346 transportation, including both governmentally owned and
3347 privately owned resources, in the most cost-effective manner
3348 possible. The plan shall also incorporate plans adopted by local
3349 and regional planning agencies which are consistent, to the
3350 maximum extent feasible, with adopted strategic policy plans and
3351 approved local government comprehensive plans for the region and
3352 units of local government covered by the plan and shall, insofar
3353 as practical, conform to federal planning requirements. The plan
3354 shall be consistent with the goals of the Florida Transportation
3355 Plan developed pursuant to s. 339.155.
3356 Section 88. Paragraph (m) of subsection (3) of section
3357 343.54, Florida Statutes, is amended to read:
3358 343.54 Powers and duties.—
3359 (3) The authority may exercise all powers necessary,
3360 appurtenant, convenient, or incidental to the carrying out of
3361 the aforesaid purposes, including, but not limited to, the
3362 following rights and powers:
3363 (m) To cooperate with other governmental entities and to
3364 contract with other governmental agencies, including the
3365 Department of Transportation, the Federal Government, regional
3366 planning councils, counties, and municipalities.
3367 Section 89. Paragraphs (c) and (d) of subsection (1) of
3368 section 366.93, Florida Statutes, are amended to read:
3369 366.93 Cost recovery for the siting, design, licensing, and
3370 construction of nuclear and integrated gasification combined
3371 cycle power plants.—
3372 (1) As used in this section, the term:
3373 (c) “Integrated gasification combined cycle power plant” or
3374 “plant” means an electrical power plant as defined in s. 403.503
3375 s. 403.503(14) which uses synthesis gas produced by integrated
3376 gasification technology.
3377 (d) “Nuclear power plant” or “plant” means an electrical
3378 power plant as defined in s. 403.503 s. 403.503(14) which uses
3379 nuclear materials for fuel.
3380 Section 90. Subsection (1) of section 369.303, Florida
3381 Statutes, is amended to read:
3382 369.303 Definitions.—As used in this part:
3383 (1) “Council” means the East Central Florida Regional
3384 Planning Council.
3385 Section 91. Subsection (3) of section 369.307, Florida
3386 Statutes, is amended to read:
3387 369.307 Developments of regional impact in the Wekiva River
3388 Protection Area; land acquisition.—
3389 (3) The Wekiva River Protection Area is hereby declared to
3390 be a natural resource of state and regional importance. The St.
3391 Johns River Water Management District East Central Florida
3392 Regional Planning Council shall adopt policies that as part of
3393 its strategic regional policy plan and regional issues list
3394 which will protect the water quantity, water quality, hydrology,
3395 wetlands, aquatic and wetland-dependent wildlife species,
3396 habitat of all species designated pursuant to rules 39-27.003,
3397 39-27.004, and 39-27.005, Florida Administrative Code, and
3398 native vegetation in the Wekiva River Protection Area. The water
3399 management district council shall also cooperate with the
3400 department in the department’s implementation of the provisions
3401 of s. 369.305.
3402 Section 92. Paragraph (e) of subsection (1) of section
3403 373.309, Florida Statutes, is amended to read:
3404 373.309 Authority to adopt rules and procedures.—
3405 (1) The department shall adopt, and may from time to time
3406 amend, rules governing the location, construction, repair, and
3407 abandonment of water wells and shall be responsible for the
3408 administration of this part. With respect thereto, the
3409 department shall:
3410 (e) Encourage prevention of potable water well
3411 contamination and promote cost-effective remediation of
3412 contaminated potable water supplies by use of the Water Quality
3413 Assurance Trust Fund as provided in s. 376.307(1)(e) and
3414 establish by rule:
3415 1. Delineation of areas of groundwater contamination for
3416 implementation of well location and construction, testing,
3417 permitting, and clearance requirements as set forth in
3418 subparagraphs 2.-6. 2. , 3., 4., 5., and 6. The department shall
3419 make available to water management districts, regional planning
3420 councils, the Department of Health, and county building and
3421 zoning departments, maps or other information on areas of
3422 contamination, including areas of ethylene dibromide
3423 contamination. Such maps or other information shall be made
3424 available to property owners, realtors, real estate
3425 associations, property appraisers, and other interested persons
3426 upon request and upon payment of appropriate costs.
3427 2. Requirements for testing for suspected contamination in
3428 areas of known contamination, as a prerequisite for clearance of
3429 a water well for drinking purposes. The department is authorized
3430 to establish criteria for acceptance of water quality testing
3431 results from the Department of Health and laboratories certified
3432 by the Department of Health, and is authorized to establish
3433 requirements for sample collection quality assurance.
3434 3. Requirements for mandatory connection to available
3435 potable water systems in areas of known contamination, wherein
3436 the department may prohibit the permitting and construction of
3437 new potable water wells.
3438 4. Location and construction standards for public and all
3439 other potable water wells permitted in areas of contamination.
3440 Such standards shall be designed to minimize the effects of such
3441 contamination.
3442 5. A procedure for permitting all potable water wells in
3443 areas of known contamination. Any new water well that is to be
3444 used for drinking water purposes and that does not meet
3445 construction standards pursuant to subparagraph 4. must be
3446 abandoned and plugged by the owner. Water management districts
3447 shall implement, through delegation from the department, the
3448 permitting and enforcement responsibilities of this
3449 subparagraph.
3450 6. A procedure for clearing for use all potable water
3451 wells, except wells that serve a public water supply system, in
3452 areas of known contamination. If contaminants are found upon
3453 testing pursuant to subparagraph 2., a well may not be cleared
3454 for use without a filter or other means of preventing the users
3455 of the well from being exposed to deleterious amounts of
3456 contaminants. The Department of Health shall implement the
3457 responsibilities of this subparagraph.
3458 7. Fees to be paid for well construction permits and
3459 clearance for use. The fees shall be based on the actual costs
3460 incurred by the water management districts, the Department of
3461 Health, or other political subdivisions in carrying out the
3462 responsibilities related to potable water well permitting and
3463 clearance for use. The fees shall provide revenue to cover all
3464 such costs and shall be set according to the following schedule:
3465 a. The well construction permit fee may not exceed $500.
3466 b. The clearance fee may not exceed $50.
3467 8. Procedures for implementing well-location, construction,
3468 testing, permitting, and clearance requirements as set forth in
3469 subparagraphs 2.-6. within areas that research or monitoring
3470 data indicate are vulnerable to contamination with nitrate, or
3471 areas in which the department provides a subsidy for restoration
3472 or replacement of contaminated drinking water supplies through
3473 extending existing water lines or developing new water supply
3474 systems pursuant to s. 376.307(1)(e). The department shall
3475 consult with the Florida Ground Water Association in the process
3476 of developing rules pursuant to this subparagraph.
3477
3478 All fees and funds collected by each delegated entity pursuant
3479 to this part shall be deposited in the appropriate operating
3480 account of that entity.
3481 Section 93. Subsections (1) and (2) of section 373.415,
3482 Florida Statutes, are amended to read:
3483 373.415 Protection zones; duties of the St. Johns River
3484 Water Management District.—
3485 (1) Not later than November 1, 1988, the St. Johns River
3486 Water Management District shall adopt rules establishing
3487 protection zones adjacent to the watercourses in the Wekiva
3488 River System, as designated in s. 369.303 s. 369.303(10). Such
3489 protection zones shall be sufficiently wide to prevent harm to
3490 the Wekiva River System, including water quality, water
3491 quantity, hydrology, wetlands, and aquatic and wetland-dependent
3492 wildlife species, caused by any of the activities regulated
3493 under this part. Factors on which the widths of the protection
3494 zones shall be based shall include, but not be limited to:
3495 (a) The biological significance of the wetlands and uplands
3496 adjacent to the designated watercourses in the Wekiva River
3497 System, including the nesting, feeding, breeding, and resting
3498 needs of aquatic species and wetland-dependent wildlife species.
3499 (b) The sensitivity of these species to disturbance,
3500 including the short-term and long-term adaptability to
3501 disturbance of the more sensitive species, both migratory and
3502 resident.
3503 (c) The susceptibility of these lands to erosion, including
3504 the slope, soils, runoff characteristics, and vegetative cover.
3505
3506 In addition, the rules may establish permitting thresholds,
3507 permitting exemptions, or general permits, if such thresholds,
3508 exemptions, or general permits do not allow significant adverse
3509 impacts to the Wekiva River System to occur individually or
3510 cumulatively.
3511 (2) Notwithstanding the provisions of s. 120.60, the St.
3512 Johns River Water Management District may shall not issue any
3513 permit under this part within the Wekiva River Protection Area,
3514 as defined in s. 369.303 s. 369.303(9), until the appropriate
3515 local government has provided written notification to the
3516 district that the proposed activity is consistent with the local
3517 comprehensive plan and is in compliance with any land
3518 development regulation in effect in the area where the
3519 development will take place. The district may, however, inform
3520 any property owner who makes a request for such information as
3521 to the location of the protection zone or zones on his or her
3522 property. However, if a development proposal is amended as the
3523 result of the review by the district, a permit may be issued
3524 before prior to the development proposal is being returned, if
3525 necessary, to the local government for additional review.
3526 Section 94. Paragraph (a) of subsection (2) of section
3527 376.3072, Florida Statutes, is amended to read:
3528 376.3072 Florida Petroleum Liability and Restoration
3529 Insurance Program.—
3530 (2)(a) An owner or operator of a petroleum storage system
3531 may become an insured in the restoration insurance program at a
3532 facility if:
3533 1. A site at which an incident has occurred is eligible for
3534 restoration if the insured is a participant in the third-party
3535 liability insurance program or otherwise meets applicable
3536 financial responsibility requirements. After July 1, 1993, the
3537 insured must also provide the required excess insurance coverage
3538 or self-insurance for restoration to achieve the financial
3539 responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
3540 not covered by paragraph (d).
3541 2. A site which had a discharge reported before January 1,
3542 1989, for which notice was given pursuant to s. 376.3071(10) and
3543 which is ineligible for the third-party liability insurance
3544 program solely due to that discharge is eligible for
3545 participation in the restoration program for an incident
3546 occurring on or after January 1, 1989, pursuant to subsection
3547 (3). Restoration funding for an eligible contaminated site will
3548 be provided without participation in the third-party liability
3549 insurance program until the site is restored as required by the
3550 department or until the department determines that the site does
3551 not require restoration.
3552 3. Notwithstanding paragraph (b), a site where an
3553 application is filed with the department before January 1, 1995,
3554 where the owner is a small business under s. 288.703 s.
3555 288.703(6), a Florida College System institution with less than
3556 2,500 FTE, a religious institution as defined by s.
3557 212.08(7)(m), a charitable institution as defined by s.
3558 212.08(7)(p), or a county or municipality with a population of
3559 less than 50,000, is eligible for up to $400,000 of eligible
3560 restoration costs, less a deductible of $10,000 for small
3561 businesses, eligible Florida College System institutions, and
3562 religious or charitable institutions, and $30,000 for eligible
3563 counties and municipalities, if:
3564 a. Except as provided in sub-subparagraph e., the facility
3565 was in compliance with department rules at the time of the
3566 discharge.
3567 b. The owner or operator has, upon discovery of a
3568 discharge, promptly reported the discharge to the department,
3569 and drained and removed the system from service, if necessary.
3570 c. The owner or operator has not intentionally caused or
3571 concealed a discharge or disabled leak detection equipment.
3572 d. The owner or operator proceeds to complete initial
3573 remedial action as specified in department rules.
3574 e. The owner or operator, if required and if it has not
3575 already done so, applies for third-party liability coverage for
3576 the facility within 30 days after receipt of an eligibility
3577 order issued by the department pursuant to this subparagraph.
3578
3579 However, the department may consider in-kind services from
3580 eligible counties and municipalities in lieu of the $30,000
3581 deductible. The cost of conducting initial remedial action as
3582 defined by department rules is an eligible restoration cost
3583 pursuant to this subparagraph.
3584 4.a. By January 1, 1997, facilities at sites with existing
3585 contamination must have methods of release detection to be
3586 eligible for restoration insurance coverage for new discharges
3587 subject to department rules for secondary containment. Annual
3588 storage system testing, in conjunction with inventory control,
3589 shall be considered to be a method of release detection until
3590 the later of December 22, 1998, or 10 years after the date of
3591 installation or the last upgrade. Other methods of release
3592 detection for storage tanks which meet such requirement are:
3593 (I) Interstitial monitoring of tank and integral piping
3594 secondary containment systems;
3595 (II) Automatic tank gauging systems; or
3596 (III) A statistical inventory reconciliation system with a
3597 tank test every 3 years.
3598 b. For pressurized integral piping systems, the owner or
3599 operator must use:
3600 (I) An automatic in-line leak detector with flow
3601 restriction meeting the requirements of department rules used in
3602 conjunction with an annual tightness or pressure test; or
3603 (II) An automatic in-line leak detector with electronic
3604 flow shut-off meeting the requirements of department rules.
3605 c. For suction integral piping systems, the owner or
3606 operator must use:
3607 (I) A single check valve installed directly below the
3608 suction pump if there are no other valves between the dispenser
3609 and the tank; or
3610 (II) An annual tightness test or other approved test.
3611 d. Owners of facilities with existing contamination that
3612 install internal release detection systems pursuant to sub
3613 subparagraph a. shall permanently close their external
3614 groundwater and vapor monitoring wells pursuant to department
3615 rules by December 31, 1998. Upon installation of the internal
3616 release detection system, such wells must be secured and taken
3617 out of service until permanent closure.
3618 e. Facilities with vapor levels of contamination meeting
3619 the requirements of or below the concentrations specified in the
3620 performance standards for release detection methods specified in
3621 department rules may continue to use vapor monitoring wells for
3622 release detection.
3623 f. The department may approve other methods of release
3624 detection for storage tanks and integral piping which have at
3625 least the same capability to detect a new release as the methods
3626 specified in this subparagraph.
3627
3628 Sites meeting the criteria of this subsection for which a site
3629 rehabilitation completion order was issued before June 1, 2008,
3630 do not qualify for the 2008 increase in site rehabilitation
3631 funding assistance and are bound by the pre-June 1, 2008,
3632 limits. Sites meeting the criteria of this subsection for which
3633 a site rehabilitation completion order was not issued before
3634 June 1, 2008, regardless of whether they have previously
3635 transitioned to nonstate-funded cleanup status, may continue
3636 state-funded cleanup pursuant to s. 376.3071(6) until a site
3637 rehabilitation completion order is issued or the increased site
3638 rehabilitation funding assistance limit is reached, whichever
3639 occurs first.
3640 Section 95. Paragraph (k) of subsection (2) of section
3641 377.703, Florida Statutes, is amended to read:
3642 377.703 Additional functions of the Department of
3643 Agriculture and Consumer Services.—
3644 (2) DUTIES.—The department shall perform the following
3645 functions, unless as otherwise provided, consistent with the
3646 development of a state energy policy:
3647 (k) The department shall coordinate energy-related programs
3648 of state government, including, but not limited to, the programs
3649 provided in this section. To this end, the department shall:
3650 1. Provide assistance to other state agencies, counties,
3651 and municipalities, and regional planning agencies to further
3652 and promote their energy planning activities.
3653 2. Require, in cooperation with the Department of
3654 Management Services, all state agencies to operate state-owned
3655 and state-leased buildings in accordance with energy
3656 conservation standards as adopted by the Department of
3657 Management Services. Every 3 months, the Department of
3658 Management Services shall furnish the department data on
3659 agencies’ energy consumption and emissions of greenhouse gases
3660 in a format prescribed by the department.
3661 3. Promote the development and use of renewable energy
3662 resources, energy efficiency technologies, and conservation
3663 measures.
3664 4. Promote the recovery of energy from wastes, including,
3665 but not limited to, the use of waste heat, the use of
3666 agricultural products as a source of energy, and recycling of
3667 manufactured products. Such promotion shall be conducted in
3668 conjunction with, and after consultation with, the Department of
3669 Environmental Protection and the Florida Public Service
3670 Commission where electrical generation or natural gas is
3671 involved, and any other relevant federal, state, or local
3672 governmental agency having responsibility for resource recovery
3673 programs.
3674 Section 96. Subsection (3) of section 378.411, Florida
3675 Statutes, is amended to read:
3676 378.411 Certification to receive notices of intent to mine,
3677 to review, and to inspect for compliance.—
3678 (3) In making his or her determination, the secretary shall
3679 consult with the Department of Commerce, the appropriate
3680 regional planning council, and the appropriate water management
3681 district.
3682 Section 97. Subsection (15) of section 380.031, Florida
3683 Statutes, is amended to read:
3684 380.031 Definitions.—As used in this chapter:
3685 (15) “Regional planning agency” means the agency designated
3686 by the state land planning agency to exercise responsibilities
3687 under this chapter in a particular region of the state.
3688 Section 98. Subsection (2) of section 380.045, Florida
3689 Statutes, is amended to read:
3690 380.045 Resource planning and management committees;
3691 objectives; procedures.—
3692 (2) The committee must include, but is not limited to,
3693 representation from each of the following: elected officials
3694 from the local governments within the area under study; the
3695 planning office of each of the local governments within the area
3696 under study; the state land planning agency; any other state
3697 agency under chapter 20 a representative of which the Governor
3698 feels is relevant to the compilation of the committee; and a
3699 water management district, if appropriate, and regional planning
3700 council all or part of whose jurisdiction lies within the area
3701 under study. After the appointment of the members, the Governor
3702 shall select a chair and vice chair. A staff member of the state
3703 land planning agency shall be appointed by the secretary of such
3704 agency to serve as the secretary of the committee. The state
3705 land planning agency shall, to the greatest extent possible,
3706 provide technical assistance and administrative support to the
3707 committee. Meetings will be called as needed by the chair or on
3708 the demand of three or more members of the committee. The
3709 committee will act on a simple majority of a quorum present and
3710 shall make a report within 6 months to the head of the state
3711 land planning agency. The committee must, from the time of
3712 appointment, remain in existence for no less than 6 months.
3713 Section 99. Subsections (3), (4), (7), (8), and (12) of
3714 section 380.05, Florida Statutes, are amended to read:
3715 380.05 Areas of critical state concern.—
3716 (3) Each local government regional planning agency may
3717 recommend to the state land planning agency from time to time
3718 areas wholly or partially within its jurisdiction that meet the
3719 criteria for areas of critical state concern as defined in this
3720 section. Each regional planning agency shall solicit from the
3721 local governments within its jurisdiction suggestions as to
3722 areas to be recommended. A local government in an area where
3723 there is no regional planning agency may recommend to the state
3724 land planning agency from time to time areas wholly or partially
3725 within its jurisdiction that meet the criteria for areas of
3726 critical state concern as defined in this section. If the state
3727 land planning agency does not recommend to the commission as an
3728 area of critical state concern an area substantially similar to
3729 one that has been recommended, it must shall respond in writing
3730 as to its reasons therefor.
3731 (4) Before Prior to submitting any recommendation to the
3732 commission under subsection (1), the state land planning agency
3733 shall give notice to any committee appointed pursuant to s.
3734 380.045 and to all local governments and regional planning
3735 agencies that include within their boundaries any part of any
3736 area of critical state concern proposed to be designated by the
3737 rule, in addition to any notice otherwise required under chapter
3738 120.
3739 (7) The state land planning agency and any applicable
3740 regional planning agency shall, to the greatest extent possible,
3741 provide technical assistance to local governments in the
3742 preparation of the land development regulations and local
3743 comprehensive plan for areas of critical state concern.
3744 (8) If any local government fails to submit land
3745 development regulations or a local comprehensive plan, or if the
3746 regulations or plan or plan amendment submitted do not comply
3747 with the principles for guiding development set out in the rule
3748 designating the area of critical state concern, within 120 days
3749 after the adoption of the rule designating an area of critical
3750 state concern, or within 120 days after the issuance of a
3751 recommended order on the compliance of the plan or plan
3752 amendment pursuant to s. 163.3184, or within 120 days after the
3753 effective date of an order rejecting a proposed land development
3754 regulation, the state land planning agency must shall submit to
3755 the commission recommended land development regulations and a
3756 local comprehensive plan or portions thereof applicable to that
3757 local government’s portion of the area of critical state
3758 concern. Within 45 days following receipt of the recommendation
3759 from the agency, the commission shall either reject the
3760 recommendation as tendered or adopt the recommendation with or
3761 without modification, and by rule establish land development
3762 regulations and a local comprehensive plan applicable to that
3763 local government’s portion of the area of critical state
3764 concern. However, such rule may shall not become effective
3765 before prior to legislative review of an area of critical state
3766 concern pursuant to paragraph (1)(c). In the rule, the
3767 commission shall specify the extent to which its land
3768 development regulations, plans, or plan amendments will
3769 supersede, or will be supplementary to, local land development
3770 regulations and plans. Notice of any proposed rule issued under
3771 this section shall be given to all local governments and
3772 regional planning agencies in the area of critical state
3773 concern, in addition to any other notice required under chapter
3774 120. The land development regulations and local comprehensive
3775 plan adopted by the commission under this section may include
3776 any type of regulation and plan that could have been adopted by
3777 the local government. Any land development regulations or local
3778 comprehensive plan or plan amendments adopted by the commission
3779 under this section shall be administered by the local government
3780 as part of, or in the absence of, the local land development
3781 regulations and local comprehensive plan.
3782 (12) Upon the request of a substantially interested person
3783 pursuant to s. 120.54(7), a local government or regional
3784 planning agency within the designated area, or the state land
3785 planning agency, the commission may by rule remove, contract, or
3786 expand any designated boundary. Boundary expansions are subject
3787 to legislative review pursuant to paragraph (1)(c). No boundary
3788 may be modified without a specific finding by the commission
3789 that such changes are consistent with necessary resource
3790 protection. The total boundaries of an entire area of critical
3791 state concern may shall not be removed by the commission unless
3792 a minimum time of 1 year has elapsed from the adoption of
3793 regulations and a local comprehensive plan pursuant to
3794 subsection (1), subsection (6), subsection (8), or subsection
3795 (10). Before totally removing such boundaries, the commission
3796 shall make findings that the regulations and plans adopted
3797 pursuant to subsection (1), subsection (6), subsection (8), or
3798 subsection (10) are being effectively implemented by local
3799 governments within the area of critical state concern to protect
3800 the area and that adopted local government comprehensive plans
3801 within the area have been conformed to principles for guiding
3802 development for the area.
3803 Section 100. Subsection (3) of section 380.055, Florida
3804 Statutes, is amended to read:
3805 380.055 Big Cypress Area.—
3806 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.—The “Big
3807 Cypress Area,” as defined in this subsection, is hereby
3808 designated as an area of critical state concern. “Big Cypress
3809 Area” means the area generally depicted on the map entitled
3810 “Boundary Map, Big Cypress National Freshwater Reserve,
3811 Florida,” numbered BC-91,001 and dated November 1971, which is
3812 on file and available for public inspection in the office of the
3813 National Park Service, Department of the Interior, Washington,
3814 D.C., and in the office of the Board of Trustees of the Internal
3815 Improvement Trust Fund, which is the area proposed as the
3816 Federal Big Cypress National Freshwater Reserve, Florida, and
3817 that area described as follows: Sections 1, 2, 11, 12 and 13 in
3818 Township 49 South, Range 31 East; and Township 49 South, Range
3819 32 East, less Sections 19, 30 and 31; and Township 49 South,
3820 Range 33 East; and Township 49 South, Range 34 East; and
3821 Sections 1 through 5 and 10 through 14 in Township 50 South,
3822 Range 32 East; and Sections 1 through 18 and 20 through 25 in
3823 Township 50 South, Range 33 East; and Township 50 South, Range
3824 34 East, less Section 31; and Sections 1 and 2 in Township 51
3825 South, Range 34 East; All in Collier County, Florida, which
3826 described area shall be known as the “Big Cypress National
3827 Preserve Addition, Florida,” together with such contiguous land
3828 and water areas as are ecologically linked with the Everglades
3829 National Park, certain of the estuarine fisheries of South
3830 Florida, or the freshwater aquifer of South Florida, the
3831 definitive boundaries of which shall be set in the following
3832 manner: Within 120 days following the effective date of this
3833 act, the state land planning agency shall recommend definitive
3834 boundaries for the Big Cypress Area to the Administration
3835 Commission, after giving notice to all local governments and
3836 regional planning agencies which include within their boundaries
3837 any part of the area proposed to be included in the Big Cypress
3838 Area and holding such hearings as the state land planning agency
3839 deems appropriate. Within 45 days following receipt of the
3840 recommended boundaries, the Administration Commission shall
3841 adopt, modify, or reject the recommendation and shall by rule
3842 establish the boundaries of the area defined as the Big Cypress
3843 Area.
3844 Section 101. Subsection (6) and paragraph (b) of subsection
3845 (12) of section 380.06, Florida Statutes, are amended to read:
3846 380.06 Developments of regional impact.—
3847 (6) REPORTS.—Notwithstanding any condition in a development
3848 order for an approved development of regional impact, the
3849 developer is not required to submit an annual or a biennial
3850 report on the development of regional impact to the local
3851 government, the regional planning agency, the state land
3852 planning agency, and all affected permit agencies unless
3853 required to do so by the local government that has jurisdiction
3854 over the development. The penalty for failure to file such a
3855 required report is as prescribed by the local government.
3856 (12) PROPOSED DEVELOPMENTS.—
3857 (b) This subsection does not apply to:
3858 1. Amendments to a development order governing an existing
3859 development of regional impact.
3860 2. An application for development approval filed with a
3861 concurrent plan amendment application pending as of May 14,
3862 2015, if the applicant elects to have the application reviewed
3863 pursuant to this section as it existed on that date. The
3864 election shall be in writing and filed with the affected local
3865 government, regional planning council, and the state land
3866 planning agency before December 31, 2018.
3867 Section 102. Subsection (2) of section 380.061, Florida
3868 Statutes, is amended to read:
3869 380.061 The Florida Quality Developments program.—
3870 (2) Following written notification to the state land
3871 planning agency and the appropriate regional planning agency, a
3872 local government with an approved Florida Quality Development
3873 within its jurisdiction must set a public hearing pursuant to
3874 its local procedures and shall adopt a local development order
3875 to replace and supersede the development order adopted by the
3876 state land planning agency for the Florida Quality Development.
3877 Thereafter, the Florida Quality Development shall follow the
3878 procedures and requirements for developments of regional impact
3879 as specified in this chapter.
3880 Section 103. Subsection (2) of section 380.07, Florida
3881 Statutes, is amended to read:
3882 380.07 Florida Land and Water Adjudicatory Commission.—
3883 (2) Whenever any local government issues any development
3884 order in any area of critical state concern, or in regard to the
3885 abandonment of any approved development of regional impact,
3886 copies of such orders as prescribed by rule by the state land
3887 planning agency shall be transmitted to the state land planning
3888 agency, the regional planning agency, and the owner or developer
3889 of the property affected by such order. The state land planning
3890 agency shall adopt rules describing development order rendition
3891 and effectiveness in designated areas of critical state concern.
3892 Within 45 days after the order is rendered, the owner, the
3893 developer, or the state land planning agency may appeal the
3894 order to the Florida Land and Water Adjudicatory Commission by
3895 filing a petition alleging that the development order is not
3896 consistent with this part.
3897 Section 104. Paragraph (c) of subsection (3) of section
3898 380.23, Florida Statutes, is amended to read:
3899 380.23 Federal consistency.—
3900 (3) Consistency review shall be limited to review of the
3901 following activities, uses, and projects to ensure that such
3902 activities, uses, and projects are conducted in accordance with
3903 the state’s coastal management program:
3904 (c) Federally licensed or permitted activities affecting
3905 land or water uses when such activities are in or seaward of the
3906 jurisdiction of local governments required to develop a coastal
3907 zone protection element as provided in s. 380.24 and when such
3908 activities involve:
3909 1. Permits and licenses required under the Rivers and
3910 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3911 2. Permits and licenses required under the Marine
3912 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3913 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3914 3. Permits and licenses required under the Federal Water
3915 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3916 amended, unless such permitting activities have been delegated
3917 to the state pursuant to said act.
3918 4. Permits and licenses relating to the transportation of
3919 hazardous substance materials or transportation and dumping
3920 which are issued pursuant to the Hazardous Materials
3921 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
3922 33 U.S.C. s. 1321, as amended.
3923 5. Permits and licenses required under 15 U.S.C. ss. 717
3924 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
3925 1331-1356 for construction and operation of interstate gas
3926 pipelines and storage facilities.
3927 6. Permits and licenses required for the siting and
3928 construction of any new electrical power plants as defined in s.
3929 403.503 s. 403.503(14), as amended, and the licensing and
3930 relicensing of hydroelectric power plants under the Federal
3931 Power Act, 16 U.S.C. ss. 791a et seq., as amended.
3932 7. Permits and licenses required under the Mining Law of
3933 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3934 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3935 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3936 amended; the Federal Land Policy and Management Act, 43 U.S.C.
3937 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3938 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3939 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3940 pipelines, geological and geophysical activities, or rights-of
3941 way on public lands and permits and licenses required under the
3942 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3943 amended.
3944 8. Permits and licenses for areas leased under the OCS
3945 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3946 leases and approvals of exploration, development, and production
3947 plans.
3948 9. Permits and licenses required under the Deepwater Port
3949 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3950 10. Permits required for the taking of marine mammals under
3951 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
3952 s. 1374.
3953 Section 105. Subsection (3) of section 380.507, Florida
3954 Statutes, is amended to read:
3955 380.507 Powers of the trust.—The trust shall have all the
3956 powers necessary or convenient to carry out the purposes and
3957 provisions of this part, including:
3958 (3) To provide technical and financial assistance to local
3959 governments, state agencies, water management districts,
3960 regional planning councils, and nonprofit agencies to carry out
3961 projects and activities and develop programs to achieve the
3962 purposes of this part.
3963 Section 106. Paragraph (b) of subsection (8) of section
3964 381.986, Florida Statutes, is amended to read:
3965 381.986 Medical use of marijuana.—
3966 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
3967 (b) An applicant for licensure as a medical marijuana
3968 treatment center shall apply to the department on a form
3969 prescribed by the department and adopted in rule. The department
3970 shall adopt rules pursuant to ss. 120.536(1) and 120.54
3971 establishing a procedure for the issuance and biennial renewal
3972 of licenses, including initial application and biennial renewal
3973 fees sufficient to cover the costs of implementing and
3974 administering this section, and establishing supplemental
3975 licensure fees for payment beginning May 1, 2018, sufficient to
3976 cover the costs of administering ss. 381.989 and 1004.4351. The
3977 department shall identify applicants with strong diversity plans
3978 reflecting this state’s commitment to diversity and implement
3979 training programs and other educational programs to enable
3980 minority persons and certified rural or urban minority business
3981 enterprises, as defined in s. 288.703, and veteran business
3982 enterprises, as defined in s. 295.187, to compete for medical
3983 marijuana treatment center licensure and contracts. Subject to
3984 the requirements in subparagraphs (a)2.-4., the department shall
3985 issue a license to an applicant if the applicant meets the
3986 requirements of this section and pays the initial application
3987 fee. The department shall renew the licensure of a medical
3988 marijuana treatment center biennially if the licensee meets the
3989 requirements of this section and pays the biennial renewal fee.
3990 However, the department may not renew the license of a medical
3991 marijuana treatment center that has not begun to cultivate,
3992 process, and dispense marijuana by the date that the medical
3993 marijuana treatment center is required to renew its license. An
3994 individual may not be an applicant, owner, officer, board
3995 member, or manager on more than one application for licensure as
3996 a medical marijuana treatment center. An individual or entity
3997 may not be awarded more than one license as a medical marijuana
3998 treatment center. An applicant for licensure as a medical
3999 marijuana treatment center must demonstrate:
4000 1. That, for the 5 consecutive years before submitting the
4001 application, the applicant has been registered to do business in
4002 the state.
4003 2. Possession of a valid certificate of registration issued
4004 by the Department of Agriculture and Consumer Services pursuant
4005 to s. 581.131.
4006 3. The technical and technological ability to cultivate and
4007 produce marijuana, including, but not limited to, low-THC
4008 cannabis.
4009 4. The ability to secure the premises, resources, and
4010 personnel necessary to operate as a medical marijuana treatment
4011 center.
4012 5. The ability to maintain accountability of all raw
4013 materials, finished products, and any byproducts to prevent
4014 diversion or unlawful access to or possession of these
4015 substances.
4016 6. An infrastructure reasonably located to dispense
4017 marijuana to registered qualified patients statewide or
4018 regionally as determined by the department.
4019 7. The financial ability to maintain operations for the
4020 duration of the 2-year approval cycle, including the provision
4021 of certified financial statements to the department.
4022 a. Upon approval, the applicant must post a $5 million
4023 performance bond issued by an authorized surety insurance
4024 company rated in one of the three highest rating categories by a
4025 nationally recognized rating service. However, a medical
4026 marijuana treatment center serving at least 1,000 qualified
4027 patients is only required to maintain a $2 million performance
4028 bond.
4029 b. In lieu of the performance bond required under sub
4030 subparagraph a., the applicant may provide an irrevocable letter
4031 of credit payable to the department or provide cash to the
4032 department. If provided with cash under this sub-subparagraph,
4033 the department shall deposit the cash in the Grants and
4034 Donations Trust Fund within the Department of Health, subject to
4035 the same conditions as the bond regarding requirements for the
4036 applicant to forfeit ownership of the funds. If the funds
4037 deposited under this sub-subparagraph generate interest, the
4038 amount of that interest shall be used by the department for the
4039 administration of this section.
4040 8. That all owners, officers, board members, and managers
4041 have passed a background screening pursuant to subsection (9).
4042 9. The employment of a medical director to supervise the
4043 activities of the medical marijuana treatment center.
4044 10. A diversity plan that promotes and ensures the
4045 involvement of minority persons and certified rural or urban
4046 minority business enterprises, as defined in s. 288.703, or
4047 veteran business enterprises, as defined in s. 295.187, in
4048 ownership, management, and employment. An applicant for
4049 licensure renewal must show the effectiveness of the diversity
4050 plan by including the following with his or her application for
4051 renewal:
4052 a. Representation of minority persons and veterans in the
4053 medical marijuana treatment center’s workforce;
4054 b. Efforts to recruit minority persons and veterans for
4055 employment; and
4056 c. A record of contracts for services with rural or urban
4057 minority business enterprises and veteran business enterprises.
4058 Section 107. Subsection (4) of section 403.031, Florida
4059 Statutes, is amended to read:
4060 403.031 Definitions.—In construing this chapter, or rules
4061 and regulations adopted pursuant hereto, the following words,
4062 phrases, or terms, unless the context otherwise indicates, have
4063 the following meanings:
4064 (4) “Electrical power plant” means, for purposes of this
4065 part of this chapter, any electrical generating facility that
4066 uses any process or fuel and that is owned or operated by an
4067 electric utility, as defined in s. 403.503 s. 403.503(14), and
4068 includes any associated facility that directly supports the
4069 operation of the electrical power plant.
4070 Section 108. Subsection (6) of section 403.0752, Florida
4071 Statutes, is amended to read:
4072 403.0752 Ecosystem management agreements.—
4073 (6) The secretary of the department may form ecosystem
4074 management advisory teams for consultation and participation in
4075 the preparation of an ecosystem management agreement. The
4076 secretary shall request the participation of at least the state
4077 and regional and local government entities having regulatory
4078 authority over the activities to be subject to the ecosystem
4079 management agreement. Such teams may also include
4080 representatives of other participating or advisory government
4081 agencies, which may include regional planning councils, private
4082 landowners, public landowners and managers, public and private
4083 utilities, corporations, and environmental interests. Team
4084 members shall be selected in a manner that ensures adequate
4085 representation of the diverse interests and perspectives within
4086 the designated ecosystem. Participation by any department of
4087 state government is at the discretion of that agency.
4088 Section 109. Subsection (27) of section 403.503, Florida
4089 Statutes, is amended to read:
4090 403.503 Definitions relating to Florida Electrical Power
4091 Plant Siting Act.—As used in this act:
4092 (27) “Regional planning council” means a regional planning
4093 council as defined in s. 186.503(4) in the jurisdiction of which
4094 the electrical power plant is proposed to be located.
4095 Section 110. Subsection (1) of section 403.50663, Florida
4096 Statutes, is amended to read:
4097 403.50663 Informational public meetings.—
4098 (1) A local government within whose jurisdiction the power
4099 plant is proposed to be sited may hold one informational public
4100 meeting in addition to the hearings specifically authorized by
4101 this act on any matter associated with the electrical power
4102 plant proceeding. Such informational public meetings shall be
4103 held by the local government or by the regional planning council
4104 if the local government does not hold such meeting within 70
4105 days after the filing of the application. The purpose of an
4106 informational public meeting is for the local government or
4107 regional planning council to further inform the public about the
4108 proposed electrical power plant or associated facilities, obtain
4109 comments from the public, and formulate its recommendation with
4110 respect to the proposed electrical power plant.
4111 Section 111. Paragraph (a) of subsection (2) of section
4112 403.507, Florida Statutes, is amended to read:
4113 403.507 Preliminary statements of issues, reports, project
4114 analyses, and studies.—
4115 (2)(a) No later than 100 days after the certification
4116 application has been determined complete, the following agencies
4117 shall prepare reports as provided below and shall submit them to
4118 the department and the applicant, unless a final order denying
4119 the determination of need has been issued under s. 403.519:
4120 1. The Department of Commerce shall prepare a report
4121 containing recommendations which address the impact upon the
4122 public of the proposed electrical power plant, based on the
4123 degree to which the electrical power plant is consistent with
4124 the applicable portions of the state comprehensive plan,
4125 emergency management, and other such matters within its
4126 jurisdiction. The Department of Commerce may also comment on the
4127 consistency of the proposed electrical power plant with
4128 applicable strategic regional policy plans or local
4129 comprehensive plans and land development regulations.
4130 2. The water management district shall prepare a report as
4131 to matters within its jurisdiction, including but not limited
4132 to, the impact of the proposed electrical power plant on water
4133 resources, regional water supply planning, and district-owned
4134 lands and works.
4135 3. Each local government in whose jurisdiction the proposed
4136 electrical power plant is to be located shall prepare a report
4137 as to the consistency of the proposed electrical power plant
4138 with all applicable local ordinances, regulations, standards, or
4139 criteria that apply to the proposed electrical power plant,
4140 including any applicable local environmental regulations adopted
4141 pursuant to s. 403.182 or by other means.
4142 4. The Fish and Wildlife Conservation Commission shall
4143 prepare a report as to matters within its jurisdiction.
4144 5. The Department of Transportation shall address the
4145 impact of the proposed electrical power plant on matters within
4146 its jurisdiction.
4147 Section 112. Paragraphs (a) and (c) of subsection (4) of
4148 section 403.509, Florida Statutes, are amended to read:
4149 403.509 Final disposition of application.—
4150 (4)(a) Any transmission line corridor certified by the
4151 board, or secretary if applicable, shall meet the criteria of
4152 this section. When more than one transmission line corridor is
4153 proper for certification under s. 403.503 s. 403.503(11) and
4154 meets the criteria of this section, the board, or secretary if
4155 applicable, shall certify the transmission line corridor that
4156 has the least adverse impact regarding the criteria in
4157 subsection (3), including costs.
4158 (c) If the board, or secretary if applicable, finds that
4159 two or more of the corridors that comply with subsection (3)
4160 have the least adverse impacts regarding the criteria in
4161 subsection (3), including costs, and that the corridors are
4162 substantially equal in adverse impacts regarding the criteria in
4163 subsection (3), including costs, the board, or secretary if
4164 applicable, shall certify the corridor preferred by the
4165 applicant if the corridor is one proper for certification under
4166 s. 403.503 s. 403.503(11).
4167 Section 113. Paragraph (a) of subsection (6) and paragraph
4168 (a) of subsection (7) of section 403.5115, Florida Statutes, are
4169 amended to read:
4170 403.5115 Public notice.—
4171 (6)(a) A good faith effort shall be made by the applicant
4172 to provide direct written notice of the filing of an application
4173 for certification by United States mail or hand delivery no
4174 later than 45 days after filing of the application to all local
4175 landowners whose property, as noted in the most recent local
4176 government tax records, and residences are located within the
4177 following distances of the proposed project:
4178 1. Three miles of the proposed main site boundaries of the
4179 proposed electrical power plant.
4180 2. One-quarter mile for a transmission line corridor that
4181 only includes a transmission line as defined by s. 403.522 s.
4182 403.522(22).
4183 3. One-quarter mile for all other linear associated
4184 facilities extending away from the main site boundary except for
4185 a transmission line corridor that includes a transmission line
4186 that operates below those defined by s. 403.522 s. 403.522(22).
4187 (7)(a) A good faith effort shall be made by the proponent
4188 of an alternate corridor that includes a transmission line, as
4189 defined by s. 403.522 s. 403.522(22), to provide direct written
4190 notice of the filing of an alternate corridor for certification
4191 by United States mail or hand delivery of the filing no later
4192 than 30 days after filing of the alternate corridor to all local
4193 landowners whose property, as noted in the most recent local
4194 government tax records, and residences, are located within one
4195 quarter mile of the proposed boundaries of a transmission line
4196 corridor that includes a transmission line as defined by s.
4197 403.522 s. 403.522(22).
4198 Section 114. Subsection (1) of section 403.5175, Florida
4199 Statutes, is amended to read:
4200 403.5175 Existing electrical power plant site
4201 certification.—
4202 (1) An electric utility that owns or operates an existing
4203 electrical power plant as defined in s. 403.503 s. 403.503(14)
4204 may apply for certification of an existing power plant and its
4205 site in order to obtain all agency licenses necessary to ensure
4206 compliance with federal or state environmental laws and
4207 regulation using the centrally coordinated, one-stop licensing
4208 process established by this part. An application for
4209 certification under this section must be in the form prescribed
4210 by department rule. Applications must be reviewed and processed
4211 using the same procedural steps and notices as for an
4212 application for a new facility, except that a determination of
4213 need by the Public Service Commission is not required.
4214 Section 115. Paragraph (c) of subsection (2) of section
4215 403.518, Florida Statutes, is amended to read:
4216 403.518 Fees; disposition.—The department shall charge the
4217 applicant the following fees, as appropriate, which, unless
4218 otherwise specified, shall be paid into the Florida Permit Fee
4219 Trust Fund:
4220 (2) An application fee, which may shall not exceed
4221 $200,000. The fee shall be fixed by rule on a sliding scale
4222 related to the size, type, ultimate site capacity, or increase
4223 in electrical generating capacity proposed by the application.
4224 (c)1. Upon written request with proper itemized accounting
4225 within 90 days after final agency action by the board or
4226 department or withdrawal of the application, the agencies that
4227 prepared reports pursuant to s. 403.507 or participated in a
4228 hearing pursuant to s. 403.508 may submit a written request to
4229 the department for reimbursement of expenses incurred during the
4230 certification proceedings. The request must shall contain an
4231 accounting of expenses incurred which may include time spent
4232 reviewing the application, preparation of any studies required
4233 of the agencies by this act, agency travel and per diem to
4234 attend any hearing held pursuant to this act, and for any local
4235 government’s or regional planning council’s provision of notice
4236 of public meetings required as a result of the application for
4237 certification. The department shall review the request and
4238 verify that the expenses are valid. Valid expenses must shall be
4239 reimbursed; however, in the event the amount of funds available
4240 for reimbursement is insufficient to provide for full
4241 compensation to the agencies requesting reimbursement,
4242 reimbursement is shall be on a prorated basis.
4243 2. If the application review is held in abeyance for more
4244 than 1 year, the agencies may submit a request for
4245 reimbursement. This time period is shall be measured from the
4246 date the applicant has provided written notification to the
4247 department that it desires to have the application review
4248 process placed on hold. The fee disbursement shall be processed
4249 in accordance with subparagraph 1.
4250 Section 116. Subsection (21) of section 403.522, Florida
4251 Statutes, is amended to read:
4252 403.522 Definitions relating to the Florida Electric
4253 Transmission Line Siting Act.—As used in this act:
4254 (21) “Regional planning council” means a regional planning
4255 council as defined in s. 186.503(4) in the jurisdiction of which
4256 the project is proposed to be located.
4257 Section 117. Paragraph (a) of subsection (2) of section
4258 403.526, Florida Statutes, is amended to read:
4259 403.526 Preliminary statements of issues, reports, and
4260 project analyses; studies.—
4261 (2)(a) No later than 90 days after the filing of the
4262 application, the following agencies shall prepare reports as
4263 provided below, unless a final order denying the determination
4264 of need has been issued under s. 403.537:
4265 1. The department shall prepare a report as to the impact
4266 of each proposed transmission line or corridor as it relates to
4267 matters within its jurisdiction.
4268 2. Each water management district in the jurisdiction of
4269 which a proposed transmission line or corridor is to be located
4270 shall prepare a report as to the impact on water resources and
4271 other matters within its jurisdiction.
4272 3. The Department of Commerce shall prepare a report
4273 containing recommendations which address the impact upon the
4274 public of the proposed transmission line or corridor, based on
4275 the degree to which the proposed transmission line or corridor
4276 is consistent with the applicable portions of the state
4277 comprehensive plan, emergency management, and other matters
4278 within its jurisdiction. The Department of Commerce may also
4279 comment on the consistency of the proposed transmission line or
4280 corridor with applicable strategic regional policy plans or
4281 local comprehensive plans and land development regulations.
4282 4. The Fish and Wildlife Conservation Commission shall
4283 prepare a report as to the impact of each proposed transmission
4284 line or corridor on fish and wildlife resources and other
4285 matters within its jurisdiction.
4286 5. Each local government shall prepare a report as to the
4287 impact of each proposed transmission line or corridor on matters
4288 within its jurisdiction, including the consistency of the
4289 proposed transmission line or corridor with all applicable local
4290 ordinances, regulations, standards, or criteria that apply to
4291 the proposed transmission line or corridor, including local
4292 comprehensive plans, zoning regulations, land development
4293 regulations, and any applicable local environmental regulations
4294 adopted pursuant to s. 403.182 or by other means. A change by
4295 the responsible local government or local agency in local
4296 comprehensive plans, zoning ordinances, or other regulations
4297 made after the date required for the filing of the local
4298 government’s report required by this section is not applicable
4299 to the certification of the proposed transmission line or
4300 corridor unless the certification is denied or the application
4301 is withdrawn.
4302 6. The Department of Transportation shall prepare a report
4303 as to the impact of the proposed transmission line or corridor
4304 on state roads, railroads, airports, aeronautics, seaports, and
4305 other matters within its jurisdiction.
4306 7. The commission shall prepare a report containing its
4307 determination under s. 403.537, and the report may include the
4308 comments from the commission with respect to any other subject
4309 within its jurisdiction.
4310 8. Any other agency, if requested by the department, shall
4311 also perform studies or prepare reports as to subjects within
4312 the jurisdiction of the agency which may potentially be affected
4313 by the proposed transmission line.
4314 Section 118. Paragraphs (d) and (f) of subsection (1) of
4315 section 403.5271, Florida Statutes, are amended to read:
4316 403.5271 Alternate corridors.—
4317 (1) No later than 45 days before the originally scheduled
4318 certification hearing, any party may propose alternate
4319 transmission line corridor routes for consideration under the
4320 provisions of this act.
4321 (d) Within 21 days after acceptance of an alternate
4322 corridor by the department and the applicant, the party
4323 proposing an alternate corridor shall have the burden of
4324 providing all data to the agencies listed in s. 403.5365 s.
4325 403.526(2) and newly affected agencies necessary for the
4326 preparation of a supplementary report on the proposed alternate
4327 corridor.
4328 (f) The agencies listed in s. 403.5365 s. 403.526(2) and
4329 any newly affected agencies shall file supplementary reports
4330 with the applicant and the department which address the proposed
4331 alternate corridors no later than 24 days after the data
4332 submitted pursuant to paragraph (d) or paragraph (e) is
4333 determined to be complete.
4334 Section 119. Subsection (1) of section 403.5272, Florida
4335 Statutes, is amended to read:
4336 403.5272 Informational public meetings.—
4337 (1) A local government whose jurisdiction is to be crossed
4338 by a proposed corridor may hold one informational public meeting
4339 in addition to the hearings specifically authorized by this act
4340 on any matter associated with the transmission line proceeding.
4341 The informational public meeting may be conducted by the local
4342 government or the regional planning council and shall be held no
4343 later than 55 days after the application is filed. The purpose
4344 of an informational public meeting is for the local government
4345 or regional planning council to further inform the public about
4346 the transmission line proposed, obtain comments from the public,
4347 and formulate its recommendation with respect to the proposed
4348 transmission line.
4349 Section 120. Subsection (4), paragraph (a) of subsection
4350 (5), and paragraph (a) of subsection (6) of section 403.5363,
4351 Florida Statutes, are amended to read:
4352 403.5363 Public notices; requirements.—
4353 (4) A local government or regional planning council that
4354 proposes to conduct an informational public meeting pursuant to
4355 s. 403.5272 must publish notice of the meeting in a newspaper of
4356 general circulation within the county or counties in which the
4357 proposed electrical transmission line will be located no later
4358 than 7 days before prior to the meeting. A newspaper of general
4359 circulation shall be the newspaper that has the largest daily
4360 circulation in that county and has its principal office in that
4361 county. If the newspaper with the largest daily circulation has
4362 its principal office outside the county, the notices shall
4363 appear in both the newspaper having the largest circulation in
4364 that county and in a newspaper authorized to publish legal
4365 notices in that county.
4366 (5)(a) A good faith effort shall be made by the applicant
4367 to provide direct notice of the filing of an application for
4368 certification by United States mail or hand delivery no later
4369 than 45 days after filing of the application to all local
4370 landowners whose property, as noted in the most recent local
4371 government tax records, and residences are located within one
4372 quarter mile of the proposed boundaries of a transmission line
4373 corridor that only includes a transmission line as defined by s.
4374 403.522 s. 403.522(22).
4375 (6)(a) A good faith effort shall be made by the proponent
4376 of an alternate corridor that includes a transmission line, as
4377 defined by s. 403.522 s. 403.522(22), to provide direct notice
4378 of the filing of an alternate corridor for certification by
4379 United States mail or hand delivery of the filing no later than
4380 30 days after filing of the alternate corridor to all local
4381 landowners whose property, as noted in the most recent local
4382 government tax records, and residences are located within one
4383 quarter mile of the proposed boundaries of a transmission line
4384 corridor that includes a transmission line as defined by s.
4385 403.522 s. 403.522(22).
4386 Section 121. Paragraph (d) of subsection (1) of section
4387 403.5365, Florida Statutes, is amended to read:
4388 403.5365 Fees; disposition.—The department shall charge the
4389 applicant the following fees, as appropriate, which, unless
4390 otherwise specified, shall be paid into the Florida Permit Fee
4391 Trust Fund:
4392 (1) An application fee.
4393 (d)1. Upon written request with proper itemized accounting
4394 within 90 days after final agency action by the siting board or
4395 the department or the written notification of the withdrawal of
4396 the application, the agencies that prepared reports under s.
4397 403.526 or s. 403.5271 or participated in a hearing under s.
4398 403.527 or s. 403.5271 may submit a written request to the
4399 department for reimbursement of expenses incurred during the
4400 certification proceedings. The request must contain an
4401 accounting of expenses incurred, which may include time spent
4402 reviewing the application, preparation of any studies required
4403 of the agencies by this act, agency travel and per diem to
4404 attend any hearing held under this act, and for the local
4405 government or regional planning council providing additional
4406 notice of the informational public meeting. The department shall
4407 review the request and verify whether a claimed expense is
4408 valid. Valid expenses shall be reimbursed; however, if the
4409 amount of funds available for reimbursement is insufficient to
4410 provide for full compensation to the agencies, reimbursement
4411 shall be on a prorated basis.
4412 2. If the application review is held in abeyance for more
4413 than 1 year, the agencies may submit a request for reimbursement
4414 under subparagraph 1. This time period shall be measured from
4415 the date the applicant has provided written notification to the
4416 department that it desires to have the application review
4417 process placed on hold. The fee disbursement shall be processed
4418 in accordance with subparagraph 1.
4419 Section 122. Paragraphs (a) and (d) of subsection (1) of
4420 section 403.537, Florida Statutes, are amended to read:
4421 403.537 Determination of need for transmission line; powers
4422 and duties.—
4423 (1)(a) Upon request by an applicant or upon its own motion,
4424 the Florida Public Service Commission shall schedule a public
4425 hearing, after notice, to determine the need for a transmission
4426 line regulated by the Florida Electric Transmission Line Siting
4427 Act, ss. 403.52-403.5365. The notice shall be published at least
4428 21 days before the date set for the hearing and shall be
4429 published by the applicant in at least one-quarter page size
4430 notice in newspapers of general circulation, and by the
4431 commission in the manner specified in chapter 120, by giving
4432 notice to counties and regional planning councils in whose
4433 jurisdiction the transmission line could be placed, and by
4434 giving notice to any persons who have requested to be placed on
4435 the mailing list of the commission for this purpose. Within 21
4436 days after receipt of a request for determination by an
4437 applicant, the commission shall set a date for the hearing. The
4438 hearing shall be held pursuant to s. 350.01 within 45 days after
4439 the filing of the request, and a decision shall be rendered
4440 within 60 days after such filing.
4441 (d) The determination by the commission of the need for the
4442 transmission line, as defined in s. 403.522 s. 403.522(22), is
4443 binding on all parties to any certification proceeding under the
4444 Florida Electric Transmission Line Siting Act and is a condition
4445 precedent to the conduct of the certification hearing prescribed
4446 therein. An order entered pursuant to this section constitutes
4447 final agency action.
4448 Section 123. Subsection (17) of section 403.704, Florida
4449 Statutes, is amended to read:
4450 403.704 Powers and duties of the department.—The department
4451 shall have responsibility for the implementation and enforcement
4452 of this act. In addition to other powers and duties, the
4453 department shall:
4454 (17) Provide technical assistance to local governments and
4455 regional agencies to ensure consistency between county hazardous
4456 waste management assessments; coordinate the development of such
4457 assessments with the assistance of the appropriate regional
4458 planning councils; and review and make recommendations to the
4459 Legislature relative to the sufficiency of the assessments to
4460 meet state hazardous waste management needs.
4461 Section 124. Subsections (3) and (6) of section 403.7225,
4462 Florida Statutes, are amended to read:
4463 403.7225 Local hazardous waste management assessments.—
4464 (3) Each county or regional planning council shall
4465 coordinate the local hazardous waste management assessments
4466 within its jurisdiction according to guidelines established
4467 under s. 403.7226. If a county declines to perform the local
4468 hazardous waste management assessment, the county must shall
4469 make arrangements with the department its regional planning
4470 council to perform the assessment.
4471 (6) Unless performed by the county pursuant to subsection
4472 (3), the department regional planning councils shall upon
4473 successful arrangements with a county:
4474 (a) Perform local hazardous waste management assessments;
4475 and
4476 (b) Provide any technical expertise needed by the counties
4477 in developing the assessments.
4478 Section 125. Subsection (1) of section 403.7226, Florida
4479 Statutes, is amended to read:
4480 403.7226 Technical assistance by the department.—The
4481 department shall:
4482 (1) Provide technical assistance to county governments and
4483 regional planning councils to ensure consistency in implementing
4484 local hazardous waste management assessments as provided in ss.
4485 403.7225, 403.7234, and 403.7236. In order to ensure that each
4486 local assessment is properly implemented and that all
4487 information gathered during the assessment is uniformly compiled
4488 and documented, each county or regional planning council shall
4489 contact the department during the preparation of the local
4490 assessment to receive technical assistance. Each county or
4491 regional planning council shall follow guidelines established by
4492 the department, and adopted by rule as appropriate, in order to
4493 properly implement these assessments.
4494 Section 126. Subsection (2) of section 403.723, Florida
4495 Statutes, is amended to read:
4496 403.723 Siting of hazardous waste facilities.—It is the
4497 intent of the Legislature to facilitate siting of proper
4498 hazardous waste storage facilities in each region and any
4499 additional storage, treatment, or disposal facilities as
4500 required. The Legislature recognizes the need for facilitating
4501 disposal of waste produced by small generators, reducing the
4502 volume of wastes generated in the state, reducing the toxicity
4503 of wastes generated in the state, and providing treatment and
4504 disposal facilities in the state.
4505 (2) After each county designates areas for storage
4506 facilities, the department each regional planning council shall
4507 designate one or more sites at which a regional hazardous waste
4508 storage or treatment facility could be constructed.
4509 Section 127. Subsection (22) of section 403.9403, Florida
4510 Statutes, is amended to read:
4511 403.9403 Definitions.—As used in ss. 403.9401-403.9425, the
4512 term:
4513 (22) “Regional planning council” means a regional planning
4514 council created pursuant to chapter 186 in the jurisdiction of
4515 which the project is proposed to be located.
4516 Section 128. Paragraph (a) of subsection (2) of section
4517 403.941, Florida Statutes, is amended to read:
4518 403.941 Preliminary statements of issues, reports, and
4519 studies.—
4520 (2)(a) The affected agencies shall prepare reports as
4521 provided in this paragraph and shall submit them to the
4522 department and the applicant within 60 days after the
4523 application is determined sufficient:
4524 1. The department shall prepare a report as to the impact
4525 of each proposed natural gas transmission pipeline or corridor
4526 as it relates to matters within its jurisdiction.
4527 2. Each water management district in the jurisdiction of
4528 which a proposed natural gas transmission pipeline or corridor
4529 is to be located shall prepare a report as to the impact on
4530 water resources and other matters within its jurisdiction.
4531 3. The Department of Commerce shall prepare a report
4532 containing recommendations which address the impact upon the
4533 public of the proposed natural gas transmission pipeline or
4534 corridor, based on the degree to which the proposed natural gas
4535 transmission pipeline or corridor is consistent with the
4536 applicable portions of the state comprehensive plan and other
4537 matters within its jurisdiction. The Department of Commerce may
4538 also comment on the consistency of the proposed natural gas
4539 transmission pipeline or corridor with applicable strategic
4540 regional policy plans or local comprehensive plans and land
4541 development regulations.
4542 4. The Fish and Wildlife Conservation Commission shall
4543 prepare a report as to the impact of each proposed natural gas
4544 transmission pipeline or corridor on fish and wildlife resources
4545 and other matters within its jurisdiction.
4546 5. Each local government in which the natural gas
4547 transmission pipeline or natural gas transmission pipeline
4548 corridor will be located shall prepare a report as to the impact
4549 of each proposed natural gas transmission pipeline or corridor
4550 on matters within its jurisdiction, including the consistency of
4551 the proposed natural gas transmission pipeline or corridor with
4552 all applicable local ordinances, regulations, standards, or
4553 criteria that apply to the proposed natural gas transmission
4554 pipeline or corridor, including local comprehensive plans,
4555 zoning regulations, land development regulations, and any
4556 applicable local environmental regulations adopted pursuant to
4557 s. 403.182 or by other means. No change by the responsible local
4558 government or local agency in local comprehensive plans, zoning
4559 ordinances, or other regulations made after the date required
4560 for the filing of the local government’s report required by this
4561 section shall be applicable to the certification of the proposed
4562 natural gas transmission pipeline or corridor unless the
4563 certification is denied or the application is withdrawn.
4564 6. The Department of Transportation shall prepare a report
4565 on the effect of the natural gas transmission pipeline or
4566 natural gas transmission pipeline corridor on matters within its
4567 jurisdiction, including roadway crossings by the pipeline. The
4568 report shall contain at a minimum:
4569 a. A report by the applicant to the department stating that
4570 all requirements of the department’s utilities accommodation
4571 guide have been or will be met in regard to the proposed
4572 pipeline or pipeline corridor; and
4573 b. A statement by the department as to the adequacy of the
4574 report to the department by the applicant.
4575 7. The Department of State, Division of Historical
4576 Resources, shall prepare a report on the impact of the natural
4577 gas transmission pipeline or natural gas transmission pipeline
4578 corridor on matters within its jurisdiction.
4579 8. The commission shall prepare a report addressing matters
4580 within its jurisdiction. The commission’s report shall include
4581 its determination of need issued pursuant to s. 403.9422.
4582 Section 129. Paragraph (a) of subsection (1) of section
4583 403.9422, Florida Statutes, is amended to read:
4584 403.9422 Determination of need for natural gas transmission
4585 pipeline; powers and duties.—
4586 (1)(a) Upon request by an applicant or upon its own motion,
4587 the commission shall schedule a public hearing, after notice, to
4588 determine the need for a natural gas transmission pipeline
4589 regulated by ss. 403.9401-403.9425. Such notice shall be
4590 published at least 45 days before the date set for the hearing
4591 and shall be published in at least one-quarter page size in
4592 newspapers of general circulation and in the Florida
4593 Administrative Register, by giving notice to counties and
4594 regional planning councils in whose jurisdiction the natural gas
4595 transmission pipeline could be placed, and by giving notice to
4596 any persons who have requested to be placed on the mailing list
4597 of the commission for this purpose. Within 21 days after receipt
4598 of a request for determination by an applicant, the commission
4599 shall set a date for the hearing. The hearing shall be held
4600 pursuant to s. 350.01 within 75 days after the filing of the
4601 request, and a decision shall be rendered within 90 days after
4602 such filing.
4603 Section 130. Subsection (4) of section 403.973, Florida
4604 Statutes, is amended to read:
4605 403.973 Expedited permitting; amendments to comprehensive
4606 plans.—
4607 (4) The regional teams shall be established through the
4608 execution of a project-specific memorandum of agreement
4609 developed and executed by the applicant and the secretary, with
4610 input solicited from the respective heads of the Department of
4611 Transportation and its district offices, the Department of
4612 Agriculture and Consumer Services, the Fish and Wildlife
4613 Conservation Commission, appropriate regional planning councils,
4614 appropriate water management districts, and voluntarily
4615 participating municipalities and counties. The memorandum of
4616 agreement should also accommodate participation in this
4617 expedited process by other local governments and federal
4618 agencies as circumstances warrant.
4619 Section 131. Paragraphs (b) and (d) of subsection (1) of
4620 section 408.033, Florida Statutes, are amended to read:
4621 408.033 Local and state health planning.—
4622 (1) LOCAL HEALTH COUNCILS.—
4623 (b) Each local health council may:
4624 1. Develop a district area health plan that permits each
4625 local health council to develop strategies and set priorities
4626 for implementation based on its unique local health needs.
4627 2. Advise the agency on health care issues and resource
4628 allocations.
4629 3. Promote public awareness of community health needs,
4630 emphasizing health promotion and cost-effective health service
4631 selection.
4632 4. Collect data and conduct analyses and studies related to
4633 health care needs of the district, including the needs of
4634 medically indigent persons, and assist the agency and other
4635 state agencies in carrying out data collection activities that
4636 relate to the functions in this subsection.
4637 5. Monitor the onsite construction progress, if any, of
4638 certificate-of-need approved projects and report council
4639 findings to the agency on forms provided by the agency.
4640 6. Advise and assist any regional planning councils within
4641 each district that have elected to address health issues in
4642 their strategic regional policy plans with the development of
4643 the health element of the plans to address the health goals and
4644 policies in the State Comprehensive Plan.
4645 6.7. Advise and assist local governments within each
4646 district on the development of an optional health plan element
4647 of the comprehensive plan provided in chapter 163, to assure
4648 compatibility with the health goals and policies in the State
4649 Comprehensive Plan and district health plan. To facilitate the
4650 implementation of this section, the local health council shall
4651 annually provide the local governments in its service area, upon
4652 request, with:
4653 a. A copy and appropriate updates of the district health
4654 plan;
4655 b. A report of nursing home utilization statistics for
4656 facilities within the local government jurisdiction; and
4657 c. Applicable agency rules and calculated need
4658 methodologies for health facilities and services regulated under
4659 s. 408.034 for the district served by the local health council.
4660 7.8. Monitor and evaluate the adequacy, appropriateness,
4661 and effectiveness, within the district, of local, state,
4662 federal, and private funds distributed to meet the needs of the
4663 medically indigent and other underserved population groups.
4664 8.9. In conjunction with the Department of Health, plan for
4665 services at the local level for persons infected with the human
4666 immunodeficiency virus.
4667 9.10. Provide technical assistance to encourage and support
4668 activities by providers, purchasers, consumers, and local,
4669 regional, and state agencies in meeting the health care goals,
4670 objectives, and policies adopted by the local health council.
4671 10.11. Provide the agency with data required by rule for
4672 the review of certificate-of-need applications and the
4673 projection of need for health facilities in the district.
4674 (d) Each local health council shall enter into a memorandum
4675 of agreement with each regional planning council in its district
4676 that elects to address health issues in its strategic regional
4677 policy plan. In addition, each local health council shall enter
4678 into a memorandum of agreement with each local government that
4679 includes an optional health element in its comprehensive plan.
4680 Each memorandum of agreement must specify the manner in which
4681 each local government, regional planning council, and local
4682 health council will coordinate its activities to ensure a
4683 unified approach to health planning and implementation efforts.
4684 Section 132. Subsection (1) of section 420.609, Florida
4685 Statutes, is amended to read:
4686 420.609 Affordable Housing Study Commission.—Because the
4687 Legislature firmly supports affordable housing in Florida for
4688 all economic classes:
4689 (1) There is created the Affordable Housing Study
4690 Commission, which shall be composed of 20 21 members to be
4691 appointed by the Governor:
4692 (a) One citizen actively engaged in the residential home
4693 building industry.
4694 (b) One citizen actively engaged in the home mortgage
4695 lending profession.
4696 (c) One citizen actively engaged in the real estate sales
4697 profession.
4698 (d) One citizen actively engaged in apartment development.
4699 (e) One citizen actively engaged in the management and
4700 operation of a rental housing development.
4701 (f) Two citizens who represent very-low-income and low
4702 income persons.
4703 (g) One citizen representing a community-based organization
4704 with experience in housing development.
4705 (h) One citizen representing a community-based organization
4706 with experience in housing development in a community with a
4707 population of less than 50,000 persons.
4708 (i) Two citizens who represent elderly persons’ housing
4709 interests.
4710 (j) One representative of regional planning councils.
4711 (j)(k) One representative of the Florida League of Cities.
4712 (k)(l) One representative of the Florida Association of
4713 Counties.
4714 (l)(m) Two citizens representing statewide growth
4715 management organizations.
4716 (m)(n) One citizen of the state to serve as chair of the
4717 commission.
4718 (n)(o) One citizen representing a residential community
4719 developer.
4720 (o)(p) One member who is a resident of the state.
4721 (p)(q) One representative from a local housing authority.
4722 (q)(r) One citizen representing the housing interests of
4723 homeless persons.
4724 Section 133. Paragraph (a) of subsection (3) and subsection
4725 (6) of section 473.3065, Florida Statutes, are amended to read:
4726 473.3065 Clay Ford Scholarship Program; Certified Public
4727 Accountant Education Minority Assistance Advisory Council.—
4728 (3) The board shall adopt rules as necessary for
4729 administration of the Clay Ford Scholarship Program, including
4730 rules relating to the following:
4731 (a) Eligibility criteria for receipt of a scholarship,
4732 which, at a minimum, shall include the following factors:
4733 1. Financial need.
4734 2. Ethnic, gender, or racial minority status pursuant to s.
4735 288.703 s. 288.703(4).
4736 3. Scholastic ability and performance.
4737 (6) There is hereby created the Certified Public Accountant
4738 Education Minority Assistance Advisory Council to assist the
4739 board in administering the Clay Ford Scholarship Program. The
4740 council shall be diverse and representative of the gender,
4741 ethnic, and racial categories set forth in s. 288.703 s.
4742 288.703(4).
4743 (a) The council shall consist of five licensed Florida
4744 certified public accountants selected by the board, of whom one
4745 shall be a board member who serves as chair of the council, one
4746 shall be a representative of the National Association of Black
4747 Accountants, one shall be a representative of the Cuban American
4748 CPA Association, and two shall be selected at large. At least
4749 one member of the council must be a woman.
4750 (b) The board shall determine the terms for initial
4751 appointments and appointments thereafter.
4752 (c) Any vacancy on the council shall be filled in the
4753 manner provided for the selection of the initial member. Any
4754 member appointed to fill a vacancy of an unexpired term shall be
4755 appointed for the remainder of that term.
4756 (d) Three consecutive absences or absences constituting 50
4757 percent or more of the council’s meetings within any 12-month
4758 period shall cause the council membership of the member in
4759 question to become void, and the position shall be considered
4760 vacant.
4761 (e) The members of the council shall serve without
4762 compensation, and any necessary and actual expenses incurred by
4763 a member while engaged in the business of the council shall be
4764 borne by such member or by the organization or agency such
4765 member represents. However, the council member who is a member
4766 of the board shall be compensated in accordance with ss.
4767 455.207(4) and 112.061.
4768 Section 134. Paragraph (f) of subsection (1) of section
4769 501.171, Florida Statutes, is amended to read:
4770 501.171 Security of confidential personal information.—
4771 (1) DEFINITIONS.—As used in this section, the term:
4772 (f) “Governmental entity” means any department, division,
4773 bureau, commission, regional planning agency, board, district,
4774 authority, agency, or other instrumentality of this state that
4775 acquires, maintains, stores, or uses data in electronic form
4776 containing personal information.
4777 Section 135. Section 625.3255, Florida Statutes, is amended
4778 to read:
4779 625.3255 Capital participation instrument.—An insurer may
4780 invest in any capital participation instrument or evidence of
4781 indebtedness issued by the Department of Commerce pursuant to
4782 the Florida Small and Minority Business Assistance Act.
4783 Section 136. Paragraph (b) of subsection (4) of section
4784 657.042, Florida Statutes, is amended to read:
4785 657.042 Investment powers and limitations.—A credit union
4786 may invest its funds subject to the following definitions,
4787 restrictions, and limitations:
4788 (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
4789 CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
4790 the credit union may be invested in any of the following:
4791 (b) Any capital participation instrument or evidence of
4792 indebtedness issued by the Department of Commerce pursuant to
4793 the Florida Small and Minority Business Assistance Act.
4794 Section 137. Paragraph (f) of subsection (4) of section
4795 658.67, Florida Statutes, is amended to read:
4796 658.67 Investment powers and limitations.—A bank may invest
4797 its funds, and a trust company may invest its corporate funds,
4798 subject to the following definitions, restrictions, and
4799 limitations:
4800 (4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS
4801 OF CAPITAL ACCOUNTS.—
4802 (f) Up to 10 percent of the capital accounts of a bank or
4803 trust company may be invested in any capital participation
4804 instrument or evidence of indebtedness issued by the Department
4805 of Commerce pursuant to the Florida Small and Minority Business
4806 Assistance Act.
4807 Section 138. Subsection (6) of section 1013.30, Florida
4808 Statutes, is amended to read:
4809 1013.30 University campus master plans and campus
4810 development agreements.—
4811 (6) Before a campus master plan is adopted, a copy of the
4812 draft master plan must be sent for review or made available
4813 electronically to the host and any affected local governments,
4814 the state land planning agency, the Department of Environmental
4815 Protection, the Department of Transportation, the Department of
4816 State, the Fish and Wildlife Conservation Commission, and the
4817 applicable water management district and regional planning
4818 council. At the request of a governmental entity, a hard copy of
4819 the draft master plan shall be submitted within 7 business days
4820 of an electronic copy being made available. These agencies must
4821 be given 90 days after receipt of the campus master plans in
4822 which to conduct their review and provide comments to the
4823 university board of trustees. The commencement of this review
4824 period must be advertised in newspapers of general circulation
4825 within the host local government and any affected local
4826 government to allow for public comment. Following receipt and
4827 consideration of all comments and the holding of an informal
4828 information session and at least two public hearings within the
4829 host jurisdiction, the university board of trustees shall adopt
4830 the campus master plan. It is the intent of the Legislature that
4831 the university board of trustees comply with the notice
4832 requirements set forth in s. 163.3184(11) to ensure full public
4833 participation in this planning process. The informal public
4834 information session must be held before the first public
4835 hearing. The first public hearing shall be held before the draft
4836 master plan is sent to the agencies specified in this
4837 subsection. The second public hearing shall be held in
4838 conjunction with the adoption of the draft master plan by the
4839 university board of trustees. Campus master plans developed
4840 under this section are not rules and are not subject to chapter
4841 120 except as otherwise provided in this section.
4842 Section 139. For the purpose of incorporating the amendment
4843 made by this act to section 447.203, Florida Statutes, in
4844 references thereto, paragraph (w) of subsection (2) of section
4845 110.205, Florida Statutes, is reenacted to read:
4846 110.205 Career service; exemptions.—
4847 (2) EXEMPT POSITIONS.—The exempt positions that are not
4848 covered by this part include the following:
4849 (w) Managerial employees, as defined in s. 447.203(4),
4850 confidential employees, as defined in s. 447.203(5), and
4851 supervisory employees who spend the majority of their time
4852 communicating with, motivating, training, and evaluating
4853 employees, and planning and directing employees’ work, and who
4854 have the authority to hire, transfer, suspend, lay off, recall,
4855 promote, discharge, assign, reward, or discipline subordinate
4856 employees or effectively recommend such action, including all
4857 employees serving as supervisors, administrators, and directors.
4858 Excluded are employees also designated as special risk or
4859 special risk administrative support and attorneys who serve as
4860 administrative law judges pursuant to s. 120.65 or for hearings
4861 conducted pursuant to s. 120.57(1)(a). Additionally, registered
4862 nurses licensed under chapter 464, dentists licensed under
4863 chapter 466, psychologists licensed under chapter 490 or chapter
4864 491, nutritionists or dietitians licensed under part X of
4865 chapter 468, pharmacists licensed under chapter 465,
4866 psychological specialists licensed under chapter 491, physical
4867 therapists licensed under chapter 486, and speech therapists
4868 licensed under part I of chapter 468 are excluded, unless
4869 otherwise collectively bargained.
4870 Section 140. For the purpose of incorporating the amendment
4871 made by this act to section 164.1031, Florida Statutes, in a
4872 reference thereto, paragraph (d) of subsection (2) of section
4873 163.3162, Florida Statutes, is reenacted to read:
4874 163.3162 Agricultural lands and practices.—
4875 (2) DEFINITIONS.—As used in this section, the term:
4876 (d) “Governmental entity” has the same meaning as provided
4877 in s. 164.1031. The term does not include a water management
4878 district, a water control district established under chapter
4879 298, or a special district created by special act for water
4880 management purposes.
4881 Section 141. For the purpose of incorporating the amendment
4882 made by this act to section 164.1031, Florida Statutes, in a
4883 reference thereto, subsection (8) of section 373.129, Florida
4884 Statutes, is reenacted to read:
4885 373.129 Maintenance of actions.—The department, the
4886 governing board of any water management district, any local
4887 board, or a local government to which authority has been
4888 delegated pursuant to s. 373.103(8), is authorized to commence
4889 and maintain proper and necessary actions and proceedings in any
4890 court of competent jurisdiction for any of the following
4891 purposes:
4892 (8) In conflicts arising where a water management district
4893 is a party to litigation against another governmental entity, as
4894 defined in s. 164.1031, a district has an affirmative duty to
4895 engage in alternative dispute resolution in good faith as
4896 required by chapter 164.
4897 Section 142. For the purpose of incorporating the amendment
4898 made by this act to section 339.155, Florida Statutes, in
4899 references thereto, subsections (1) and (3) of section 339.2819,
4900 Florida Statutes, are reenacted to read:
4901 339.2819 Transportation Regional Incentive Program.—
4902 (1) There is created within the Department of
4903 Transportation a Transportation Regional Incentive Program for
4904 the purpose of providing funds to improve regionally significant
4905 transportation facilities in regional transportation areas
4906 created pursuant to s. 339.155(4).
4907 (3) The department shall allocate funding available for the
4908 Transportation Regional Incentive Program to the districts based
4909 on a factor derived from equal parts of population and motor
4910 fuel collections for eligible counties in regional
4911 transportation areas created pursuant to s. 339.155(4).
4912 Section 143. For the purpose of incorporating the
4913 amendments made by this act to sections 380.045 and 380.05,
4914 Florida Statutes, in references thereto, subsections (5) and (6)
4915 of section 380.0552, Florida Statutes, are reenacted to read:
4916 380.0552 Florida Keys Area; protection and designation as
4917 area of critical state concern.—
4918 (5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5),
4919 (9)-(11), (15), (17), and (21) shall not apply to the area
4920 designated by this section for so long as the designation
4921 remains in effect. Except as otherwise provided in this section,
4922 s. 380.045 shall not apply to the area designated by this
4923 section. All other provisions of this chapter shall apply,
4924 including s. 380.07.
4925 (6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The
4926 Governor, acting as the chief planning officer of the state,
4927 shall appoint a resource planning and management committee for
4928 the Florida Keys Area with the membership as specified in s.
4929 380.045(2). Meetings shall be called as needed by the chair or
4930 on the demand of three or more members of the committee. The
4931 committee shall:
4932 (a) Serve as a liaison between the state and local
4933 governments within Monroe County.
4934 (b) Develop, with local government officials in the Florida
4935 Keys Area, recommendations to the state land planning agency as
4936 to the sufficiency of the Florida Keys Area’s comprehensive plan
4937 and land development regulations.
4938 (c) Recommend to the state land planning agency changes to
4939 state and regional plans and regulatory programs affecting the
4940 Florida Keys Area.
4941 (d) Assist units of local government within the Florida
4942 Keys Area in carrying out the planning functions and other
4943 responsibilities required by this section.
4944 (e) Review, at a minimum, all reports and other materials
4945 provided to it by the state land planning agency or other
4946 governmental agencies.
4947 Section 144. For the purpose of incorporating the amendment
4948 made by this act to section 403.507, Florida Statutes, in a
4949 reference thereto, paragraph (a) of subsection (1) of section
4950 403.5064, Florida Statutes, is reenacted to read:
4951 403.5064 Application; schedules.—
4952 (1) The formal date of filing of a certification
4953 application and commencement of the certification review process
4954 shall be when the applicant submits:
4955 (a) Copies of the certification application in a quantity
4956 and format as prescribed by rule to the department and other
4957 agencies identified in s. 403.507(2)(a).
4958 Section 145. For the purpose of incorporating the amendment
4959 made by this act to section 403.526, Florida Statutes, in a
4960 reference thereto, paragraph (a) of subsection (1) of section
4961 403.5251, Florida Statutes, is reenacted to read:
4962 403.5251 Application; schedules.—
4963 (1)(a) The formal date of the filing of the application for
4964 certification and commencement of the review process for
4965 certification is the date on which the applicant submits:
4966 1. Copies of the application for certification in a
4967 quantity and format, electronic or otherwise as prescribed by
4968 rule, to the department and other agencies identified in s.
4969 403.526(2).
4970 2. The application fee as specified under s. 403.5365 to
4971 the department.
4972
4973 The department shall provide to the applicant and the Division
4974 of Administrative Hearings the names and addresses of any
4975 additional agencies or persons entitled to notice and copies of
4976 the application and amendments, if any, within 7 days after
4977 receiving the application for certification and the application
4978 fees.
4979 Section 146. For the purpose of incorporating the amendment
4980 made by this act to section 403.526, Florida Statutes, in
4981 references thereto, paragraphs (d) and (f) of subsection (1) of
4982 section 403.5271, Florida Statutes, are reenacted to read:
4983 403.5271 Alternate corridors.—
4984 (1) No later than 45 days before the originally scheduled
4985 certification hearing, any party may propose alternate
4986 transmission line corridor routes for consideration under the
4987 provisions of this act.
4988 (d) Within 21 days after acceptance of an alternate
4989 corridor by the department and the applicant, the party
4990 proposing an alternate corridor shall have the burden of
4991 providing all data to the agencies listed in s. 403.526(2) and
4992 newly affected agencies necessary for the preparation of a
4993 supplementary report on the proposed alternate corridor.
4994 (f) The agencies listed in s. 403.526(2) and any newly
4995 affected agencies shall file supplementary reports with the
4996 applicant and the department which address the proposed
4997 alternate corridors no later than 24 days after the data
4998 submitted pursuant to paragraph (d) or paragraph (e) is
4999 determined to be complete.
5000 Section 147. For the purpose of incorporating the amendment
5001 made by this act to section 403.941, Florida Statutes, in a
5002 reference thereto, paragraph (c) of subsection (5) of section
5003 403.9421, Florida Statutes, is reenacted to read:
5004 403.9421 Fees; disposition.—The department shall charge the
5005 applicant the following fees, as appropriate, which shall be
5006 paid into the Florida Permit Fee Trust Fund:
5007 (5) In administering fee revenues received under this
5008 section, the department shall allocate the funds as follows:
5009 (c) The balance of fees remaining shall be used by the
5010 department to reimburse affected agencies included in s.
5011 403.941(2)(a) for costs incurred in application and
5012 postcertification review, respectively.
5013 1. For application processing costs, upon presentation by
5014 an affected agency of a proper itemized accounting within 90
5015 days after the date of the board’s order approving certification
5016 or the date on which a pending application is otherwise disposed
5017 of, the department shall reimburse the agencies for authorized
5018 costs from the fee balances remaining. Such reimbursement shall
5019 be authorized for studies and the preparation of any reports
5020 required of the agencies by ss. 403.9401-403.9425, for agency
5021 travel and per diem to attend any hearing held, and for
5022 participation in the proceedings. In the event the amount
5023 available for allocation is insufficient to provide for complete
5024 reimbursement to the agencies, reimbursement shall be on a
5025 prorated basis. If any sums are remaining, the department shall
5026 retain them for use in the same manner as is otherwise
5027 authorized by this section; however, if the certification
5028 application is withdrawn, the remaining sums shall be refunded
5029 to the applicant within 120 days after withdrawal.
5030 2. For postcertification costs, an invoice may be submitted
5031 on an annual basis, commencing from the date of certification,
5032 for expenses incurred by affected agencies conducting
5033 postcertification review work pursuant to the conditions of
5034 certification. In the event the amount available for allocation
5035 is insufficient to provide for complete reimbursement to the
5036 agencies, reimbursement shall be on a prorated basis.
5037 Section 148. This act shall take effect July 1, 2025.