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A bill to be entitled 1
An act relating to the Department of Commerce; 2
amending s. 163.3175, F.S.; conforming a provision to 3
changes made by the act; amending s. 163.3184, F.S.; 4
revising the procedure for adopting comprehensive plan 5
amendments; providing that amendments are deeme d 6
withdrawn if the local government fails to transmit 7
the comprehensive plan amendments to the department, 8
in its role as the state land planning agency, within 9
a certain time period; amending s. 288.1229, F.S.; 10
revising the duties of the Florida Sports Fo undation; 11
amending ss. 288.980 and 288.985, F.S.; conforming 12
provisions to changes made by the act; amending s. 13
288.987, F.S.; requiring the department to establish a 14
direct-support organization; renaming the Florida 15
Defense Support Task Force as the direc t-support 16
organization; specifying that the organization is a 17
direct-support organization of the department and a 18
corporation not for profit; requiring the organization 19
to operate under contract with the department; 20
specifying requirements for such contrac t; specifying 21
the organization's fiscal year; specifying audit 22
requirements applicable to the organization; 23
authorizing the organization to take certain actions 24
regarding administration of property and expenditures; 25
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specifying that the organization is not an agency for 26
purposes of specified provisions of law; authorizing 27
the department to allow the organization to use 28
certain departmental resources, if certain conditions 29
are met; revising the mission of the organization; 30
modifying provisions governing the c omposition of the 31
organization; revising the date by which the 32
organization's annual report is due; providing certain 33
powers and duties of the organization, subject to 34
certain requirements and limitations; providing for 35
future repeal; amending s. 445.003, F.S.; revising the 36
definition of the term "businesses"; revising funding 37
priority for purposes of funding grants under the 38
Incumbent Worker Training Program; amending s. 39
445.004, F.S.; specifying that certain members of the 40
state workforce development boar d are voting members 41
of the board; amending s. 695.03, F.S.; authorizing 42
the Secretary of Commerce to appoint commissioners of 43
deeds; amending s. 720.406, F.S.; specifying required 44
actions for a proposed revived declaration and other 45
governing documents; m aking technical changes; 46
amending s. 721.97, F.S.; conforming provisions to 47
changes made by the act; providing an effective date. 48
49
Be It Enacted by the Legislature of the State of Florida: 50
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Section 1. Subsection (3) of section 163.3175, Florida 52
Statutes, is amended to read: 53
163.3175 Legislative findings on compatibility of 54
development with military installations; exchange of information 55
between local governments and military installations. — 56
(3) The direct-support organization created in s. 288.9 87 57
Florida Defense Support Task Force may recommend to the 58
Legislature changes to the military installations and local 59
governments specified in subsection (2) based on a military 60
base's potential for impacts from encroachment, and incompatible 61
land uses and development. 62
Section 2. Paragraph (c) of subsection (3) and paragraph 63
(e) of subsection (4) of section 163.3184, Florida Statutes, are 64
amended to read: 65
163.3184 Process for adoption of comprehensive plan or 66
plan amendment.— 67
(3) EXPEDITED STATE RE VIEW PROCESS FOR ADOPTION OF 68
COMPREHENSIVE PLAN AMENDMENTS. — 69
(c)1. The local government shall hold a its second public 70
hearing, which shall be a hearing on whether to adopt one or 71
more comprehensive plan amendments pursuant to subsection (11). 72
If the local government fails, within 180 days after receipt of 73
agency comments, to hold the second public hearing, and to adopt 74
the comprehensive plan amendments, the amendments are shall be 75
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deemed withdrawn unless extended by agreement with notice to the 76
state land planning agency and any affected person that provided 77
comments on the amendment. The 180 -day limitation does not apply 78
to amendments processed pursuant to s. 380.06. 79
2. All comprehensive plan amendments adopted by the 80
governing body, along with the sup porting data and analysis, 81
shall be transmitted within 10 working days after the final 82
adoption second public hearing to the state land planning agency 83
and any other agency or local government that provided timely 84
comments under subparagraph (b)2. If the local government fails 85
to transmit the comprehensive plan amendments within 10 working 86
days after the final adoption hearing, the amendments are deemed 87
withdrawn. 88
3. The state land planning agency shall notify the local 89
government of any deficiencies with in 5 working days after 90
receipt of an amendment package. For purposes of completeness, 91
an amendment shall be deemed complete if it contains a full, 92
executed copy of: 93
a. The adoption ordinance or ordinances; 94
b. In the case of a text amendment, a full copy of the 95
amended language in legislative format with new words inserted 96
in the text underlined, and words deleted stricken with hyphens; 97
c. In the case of a future land use map amendment, a copy 98
of the future land use map clearly depicting the parcel, i ts 99
existing future land use designation, and its adopted 100
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designation; and 101
d. a copy of Any data and analyses the local government 102
deems appropriate. 103
4. An amendment adopted under this paragraph does not 104
become effective until 31 days after the state land planning 105
agency notifies the local government that the plan amendment 106
package is complete. If timely challenged, an amendment does not 107
become effective until the state land planning agency or the 108
Administration Commission enters a final order determin ing the 109
adopted amendment to be in compliance. 110
(4) STATE COORDINATED REVIEW PROCESS. — 111
(e) Local government review of comments; adoption of plan 112
or amendments and transmittal. — 113
1. The local government shall review the report submitted 114
to it by the state land planning agency, if any, and written 115
comments submitted to it by any other person, agency, or 116
government. The local government shall, upon receipt of the 117
report from the state land planning agency, shall hold its 118
second public hearing , which shall be a hearing to determine 119
whether to adopt the comprehensive plan or one or more 120
comprehensive plan amendments pursuant to subsection (11). If 121
the local government fails to hold the second hearing and adopt 122
the amendments within 180 days after receipt of t he state land 123
planning agency's report, the amendments shall be deemed 124
withdrawn unless extended by agreement with notice to the state 125
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land planning agency and any affected person that provided 126
comments on the amendment. The 180 -day limitation does not app ly 127
to amendments processed pursuant to s. 380.06. 128
2. All comprehensive plan amendments adopted by the 129
governing body, along with the supporting data and analysis, 130
shall be transmitted within 10 working days after the final 131
adoption second public hearing to the state land planning agency 132
and any other agency or local government that provided timely 133
comments under paragraph (c). If the local government fails to 134
transmit the comprehensive plan amendments within 10 working 135
days after the final adoption hearin g, the amendments are deemed 136
withdrawn. 137
3. The state land planning agency shall notify the local 138
government of any deficiencies within 5 working days after 139
receipt of a plan or plan amendment package. For purposes of 140
completeness, a plan or plan amendmen t shall be deemed complete 141
if it contains a full, executed copy of each of the following: 142
a. The adoption ordinance or ordinances; 143
b. In the case of a text amendment, a full copy of the 144
amended language in legislative format with new words inserted 145
in the text underlined, and words deleted stricken with hyphens; 146
c. In the case of a future land use map amendment, a copy 147
of the future land use map clearly depicting the parcel, its 148
existing future land use designation, and its adopted 149
designation; and 150
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d. a copy of Any data and analyses the local government 151
deems appropriate. 152
4. After the state land planning agency makes a 153
determination of completeness regarding the adopted plan or plan 154
amendment, the state land planning agency shall have 45 days to 155
determine whether if the plan or plan amendment is in compliance 156
with this act. Unless the plan or plan amendment is 157
substantially changed from the one commented on, the state land 158
planning agency's compliance determination shall be limited to 159
objections raised in the objections, recommendations, and 160
comments report. During the period provided for in this 161
subparagraph, the state land planning agency shall issue, 162
through a senior administrator or the secretary, a notice of 163
intent to find that the plan or plan amendment is in compliance 164
or not in compliance. The state land planning agency shall post 165
a copy of the notice of intent on the agency's Internet website. 166
Publication by the state land planning agency of the notice of 167
intent on the state land planning age ncy's Internet site is 168
shall be prima facie evidence of compliance with the publication 169
requirements of this subparagraph. 170
5. A plan or plan amendment adopted under the state 171
coordinated review process shall go into effect pursuant to the 172
state land planning agency's notice of intent. If timely 173
challenged, an amendment does not become effective until the 174
state land planning a gency or the Administration Commission 175
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enters a final order determining the adopted amendment to be in 176
compliance. 177
Section 3. Paragraph (g) of subsection (7) of section 178
288.1229, Florida Statutes, is amended to read: 179
288.1229 Promotion and developmen t of sports-related 180
industries and amateur athletics; direct -support organization 181
established; powers and duties. — 182
(7) To promote amateur sports and physical fitness, the 183
foundation shall: 184
(g) Continue the successful amateur sports programs 185
previously conducted by the Florida Governor's Council on 186
Physical Fitness and Amateur Sports created under former s. 187
14.22. 188
Section 4. Paragraph (b) of subsection (2) of section 189
288.980, Florida Statutes, is amended to read: 190
288.980 Military base retention; le gislative intent; 191
grants program.— 192
(2) 193
(b)1. The department shall , annually by October 1, request 194
military installations in this the state to provide the 195
department with a list of base buffering encroachment lands for 196
fee simple or less-than-fee simple acquisitions before October 197
1. 198
2. The department shall submit the list of base buffering 199
encroachment lands to the direct-support organization Florida 200
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Defense Support Task Force created in s. 288.987. 201
3. The direct-support organization created in s. 28 8.987 202
Florida Defense Support Task Force shall, annually by December 203
1, review the list of base buffering encroachment lands 204
submitted by the military installations and provide its 205
recommendations for ranking the lands for acquisition to the 206
department. 207
4. The department shall annually submit the list of base 208
buffering encroachment lands provided by the direct-support 209
organization created in s. 288.987 Florida Defense Support Task 210
Force to the Board of Trustees of the Internal Improvement Trust 211
Fund, which may acquire the lands pursuant to s. 253.025. At a 212
minimum, the annual list must contain all of the following for 213
each recommended land acquisition: 214
a. A legal description of the land and its property 215
identification number .; 216
b. A detailed map of the land.; and 217
c. A management and monitoring agreement to ensure the 218
land serves a base buffering purpose. 219
Section 5. Subsection (1) and paragraph (a) of subsection 220
(2) of section 288.985, Florida Statutes, are amended to read: 221
288.985 Exemptions from public records and public meetings 222
requirements.— 223
(1) The following records held by the direct-support 224
organization created in s. 288.987 Florida Defense Support Task 225
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Force are exempt from s. 119.07(1) and s. 24(a), Art. I of the 226
State Constitution: 227
(a) That portion of a record which relates to strengths 228
and weaknesses of military installations or military missions in 229
this state relative to the selection criteria for the 230
realignment and closure of military bases and missions under any 231
United States Department of Defense base realignment and closure 232
process. 233
(b) That portion of a record which relates to strengths 234
and weaknesses of military installations or military missions in 235
other states or territories and the vulnerability of such 236
installations or missions to base realignment or closure under 237
the United States Department of Defense base realignment and 238
closure process, and any agreements or proposals to relocate or 239
realign military units and missions from other states or 240
territories. 241
(c) That portion of a record which relates to the state's 242
strategy to retain its military bases during any United States 243
Department of Defense base realignment and closure process and 244
any agreements or proposals to relocate or realign military 245
units and missions. 246
(2)(a) Meetings or portions of meetings of the direct-247
support organization created in s. 288.987 Florida Defense 248
Support Task Force, or a workgroup of the direct-support 249
organization task force, at which records are presented or 250
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discussed that are exempt und er subsection (1) are exempt from 251
s. 286.011 and s. 24(b), Art. I of the State Constitution. 252
Section 6. Section 288.987, Florida Statutes, is amended 253
to read: 254
288.987 Florida Defense Support Task Force.— 255
(1) The Department of Commerce shall establi sh a direct-256
support organization to support Florida's military and defense 257
industries and communities The Florida Defense Support Task 258
Force is created. 259
(a) The direct-support organization is a corporation not 260
for profit, as defined in s. 501(c)(3) of th e Internal Revenue 261
Code, which is incorporated under chapter 617 and approved by 262
the Department of State. The direct -support organization is 263
exempt from paying filing fees under chapter 617. 264
(b) The direct-support organization shall operate under 265
contract with the department. The contract must provide that: 266
1. The department may review the direct -support 267
organization's articles of incorporation. 268
2. The direct-support organization shall submit an annual 269
budget proposal to the department, on a form prov ided by the 270
department, in accordance with department procedures for filing 271
budget proposals based on recommendations of the department. 272
3. Any funds that the direct -support organization holds in 273
trust must revert to the state upon the expiration or 274
cancellation of the contract. 275
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4. The direct-support organization is subject to an annual 276
financial and performance review by the department to determine 277
whether the direct-support organization is complying with the 278
terms of the contract and is acting in a ma nner consistent with 279
the goals of the department and in the best interest of the 280
state. 281
(c) The fiscal year of the direct -support organization 282
begins on July 1 and ends on June 30 of the next succeeding 283
year. 284
(d) The direct-support organization shall p rovide an 285
annual financial audit in accordance with s. 215.981. 286
(e) The direct-support organization is not an agency for 287
purposes of parts I, II, and IV -VIII of chapter 112; chapter 288
120; s. 215.31; chapter 216; ss. 255.21, 255.25, and 255.254, 289
relating to leasing of buildings; ss. 283.33 and 283.35, 290
relating to bids for printing; and chapter 287. However, the 291
direct-support organization shall comply with the per diem and 292
travel expense provisions of s. 112.061. 293
(f) Subject to the approval of the Secreta ry of Commerce, 294
the department may allow the direct -support organization to use 295
the property, facilities, personnel, and services of the 296
department if the direct -support organization provides equal 297
employment opportunities to all persons regardless of race , 298
color, religion, sex, or national origin. 299
(2) The mission of the direct-support organization task 300
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force is to carry out the provisions of this section, to make 301
recommendations to preserve and protect military installations , 302
to assist with the coordinat ion of economic and workforce 303
development efforts in military communities, to assist in the 304
planning and research and development related to military 305
missions, businesses, and military families to support the 306
state's position in research and development re lated to or 307
arising out of military missions and contracting , and to improve 308
the state's military -friendly environment for servicemembers, 309
military dependents, military retirees, and businesses that 310
bring military and base -related jobs to the state. The direct-311
support organization is organized and operated to request, 312
receive, hold, invest, and administer property and to manage and 313
make expenditures for the operation of the activities, services, 314
functions, and programs of this state for economic and produ ct 315
research and development, joint planning with host communities 316
to accommodate military missions and prevent base encroachment, 317
advocacy on the state's behalf with federal civilian and 318
military officials, assistance to school districts in providing 319
a smooth transition for large numbers of additional military -320
related students, job training and placement for military 321
spouses in communities with high proportions of active duty 322
military personnel, and promotion of the state to military and 323
related contractors and employers. 324
(3) The direct-support organization shall be governed by a 325
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board of directors. 326
(a) The board of directors is composed of the Governor, or 327
his or her designee, and the following members task force shall 328
be comprised of the Governor or hi s or her designee, and 12 329
members appointed as follows: 330
1.(a) Four members appointed by the Governor. 331
2.(b) Four members appointed by the President of the 332
Senate. 333
3.(c) Four members appointed by the Speaker of the House 334
of Representatives. 335
(b)(d) Appointed members must represent defense -related 336
industries or communities that host military bases and 337
installations. All appointments in place as of July 1, 2024, 338
must continue in effect until the expiration of the term must be 339
made by August 1, 2011 . Members shall serve for a term of 4 340
years, with the first term ending July 1, 2015 . However, if 341
members of the Legislature are appointed to the direct-support 342
organization task force, those members shall serve until the 343
expiration of their legislative term an d may be reappointed 344
once. A vacancy shall be filled for the remainder of the 345
unexpired term in the same manner as the initial appointment. 346
All members of the council are eligible for reappointment. A 347
member who serves in the Legislature may participate in all 348
direct-support organization task force activities but may only 349
vote on matters that are advisory. 350
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(c)(4) The President of the Senate and the Speaker of the 351
House of Representatives shall each designate one of their 352
appointees to serve as chair of th e direct-support organization 353
task force. The chair shall serve a 2-year term, rotating on 354
rotate each July 1 of each odd-numbered year. The appointee 355
designated by the President of the Senate shall serve as initial 356
chair. If the Governor, instead of his o r her designee, 357
participates in the activities of the direct-support 358
organization task force, then the Governor shall serve as chair. 359
(d)(5) The Secretary of Commerce Economic Opportunity , or 360
his or her designee, shall serve as the ex officio, nonvoting 361
executive director of the direct-support organization task 362
force. 363
(4)(6) The direct-support organization task force shall 364
submit an annual progress report and work plan to the Governor, 365
the President of the Senate, and the Speaker of the House of 366
Representatives each December February 1. 367
(5) The direct-support organization, in the performance of 368
its duties, may: 369
(a) Make and enter into contracts and assume such other 370
functions as are necessary to carry out the mission of the 371
direct-support organization and its contract with the 372
department, provided that any such contracts and assumptions are 373
not inconsistent with this section or any other applicable 374
provision of law governing the direct -support organization. A 375
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proposed contract with a total cost of $75 0,000 or more is 376
subject to the notice, review, and objection procedures of s. 377
216.177. If the chair and vice chair of the Legislative Budget 378
Commission, or the President of the Senate and the Speaker of 379
the House of Representatives, timely advise the dire ct-support 380
organization in writing that such proposed contract is contrary 381
to legislative policy and intent, the direct -support 382
organization may not enter into such proposed contract. The 383
direct-support organization may not divide one proposed contract 384
with a total cost of $750,000 or more into multiple contracts to 385
circumvent the requirements of this paragraph. 386
(b) Establish grant programs and administer grant awards 387
to support its mission. 388
(7) The department shall support the task force and 389
contract with the task force for expenditure of appropriated 390
funds, which may be used by the task force for economic and 391
product research and development, joint planning with host 392
communities to accommodate military missions and prevent base 393
encroachment, advocacy on the state's behalf with federal 394
civilian and military officials, assistance to school districts 395
in providing a smooth transition for large numbers of additional 396
military-related students, job training and placement for 397
military spouses in communities wi th high proportions of active 398
duty military personnel, and promotion of the state to military 399
and related contractors and employers. The task force may 400
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(c) Annually spend up to $250,000 of funds appropriated to 401
the department for the direct-support organization task force 402
for staffing and administrative expenses of the direct-support 403
organization task force, including travel and per diem costs 404
incurred by direct-support organization task force members who 405
are not otherwise eligible for state reimburs ement. 406
(6) This section is repealed October 1, 2029, unless 407
reviewed and saved from repeal by the Legislature. 408
Section 7. Paragraph (a) of subsection (3) of section 409
445.003, Florida Statutes, is amended to read: 410
445.003 Implementation of the federa l Workforce Innovation 411
and Opportunity Act. — 412
(3) FUNDING.— 413
(a) Title I, Workforce Innovation and Opportunity Act 414
funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be 415
expended based on the 4 -year plan of the state board. The plan 416
must outline and direct the method used to administer and 417
coordinate various funds and programs that are operated by 418
various agencies. The following provisions apply to these funds: 419
1. At least 50 percent of the Title I funds for Adults and 420
Dislocated Workers which ar e passed through to local workforce 421
development boards shall be allocated to and expended on 422
Individual Training Accounts unless a local workforce 423
development board obtains a waiver from the state board. 424
Tuition, books, and fees of training providers and o ther 425
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training services prescribed and authorized by the Workforce 426
Innovation and Opportunity Act qualify as Individual Training 427
Account expenditures. 428
2. Fifteen percent of Title I funding shall be retained at 429
the state level and dedicated to state admini stration and shall 430
be used to design, develop, induce, fund, and evaluate the long -431
term impact of innovative Individual Training Account pilots, 432
demonstrations, and programs to enable participants to attain 433
self-sufficiency and to evaluate the effectivenes s of 434
performance-based contracts used by local workforce development 435
boards under s. 445.024(5) on increasing wages and employment 436
over the long term. Of such funds retained at the state level, 437
$2 million may be reserved for the Incumbent Worker Training 438
Program created under subparagraph 3. Eligible state 439
administration costs include the costs of funding for the state 440
board and state board staff; operating fiscal, compliance, and 441
management accountability systems through the department; 442
conducting evaluation and research on workforce development 443
activities; and providing technical and capacity building 444
assistance to local workforce development areas at the direction 445
of the state board. Notwithstanding s. 445.004, such 446
administrative costs may not exceed 25 percent of these funds. 447
An amount not to exceed 75 percent of these funds shall be 448
allocated to Individual Training Accounts and other workforce 449
development strategies for other training designed and tailored 450
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by the state board in consultation with the dep artment, 451
including, but not limited to, programs for incumbent workers, 452
nontraditional employment, and enterprise zones. The state 453
board, in consultation with the department, shall design, adopt, 454
and fund Individual Training Accounts for distressed urban a nd 455
rural communities. 456
3. The Incumbent Worker Training Program is created for 457
the purpose of providing grant funding for continuing education 458
and training of incumbent employees at existing Florida 459
businesses. The program will provide reimbursement grant s to 460
businesses that pay for preapproved, direct, training -related 461
costs. For purposes of this subparagraph, the term "businesses" 462
includes hospitals and health care facilities operated by 463
nonprofit or local government entities which provide nursing or 464
allied health care opportunities to acquire new or improved 465
skills. 466
a. The Incumbent Worker Training Program will be 467
administered by CareerSource Florida, Inc., which may, at its 468
discretion, contract with a private business organization to 469
serve as grant administrator. 470
b. The program shall be administered under s. 134(d)(4) of 471
the Workforce Innovation and Opportunity Act. Funding priority 472
shall be given in the following order: 473
(I) Businesses that provide employees with opportunities 474
to acquire new or imp roved skills by earning a credential on the 475
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Master Credentials List. 476
(II) Hospitals or health care facilities operated by 477
nonprofit or local government entities that provide nursing 478
opportunities in health care to acquire new or improved skills. 479
(III) Businesses whose grant proposals represent a 480
significant upgrade in employee skills. 481
(IV) Businesses with 25 employees or fewer, businesses in 482
rural areas, and businesses in distressed inner -city areas. 483
(V) Businesses in a qualified targeted industry o r 484
businesses whose grant proposals represent a significant layoff 485
avoidance strategy. 486
c. All costs reimbursed by the program must be preapproved 487
by CareerSource Florida, Inc., or the grant administrator. The 488
program may not reimburse businesses for train ee wages, the 489
purchase of capital equipment, or the purchase of any item or 490
service that may possibly be used outside the training project. 491
A business approved for a grant may be reimbursed for 492
preapproved, direct, training -related costs including tuition, 493
fees, books and training materials, and overhead or indirect 494
costs not to exceed 5 percent of the grant amount. 495
d. A business that is selected to receive grant funding 496
must provide a matching contribution to the training project, 497
including, but not limi ted to, wages paid to trainees or the 498
purchase of capital equipment used in the training project; must 499
sign an agreement with CareerSource Florida, Inc., or the grant 500
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administrator to complete the training project as proposed in 501
the application; must keep accurate records of the project's 502
implementation process; and must submit monthly or quarterly 503
reimbursement requests with required documentation. 504
e. All Incumbent Worker Training Program grant projects 505
shall be performance -based with specific measurable performance 506
outcomes, including completion of the training project and job 507
retention. CareerSource Florida, Inc., or the grant 508
administrator shall withhold the final payment to the grantee 509
until a final grant report is submitted and all performance 510
criteria specified in the grant contract have been achieved. 511
f. The state board may establish guidelines necessary to 512
implement the Incumbent Worker Training Program. 513
g. No more than 10 percent of the Incumbent Worker 514
Training Program's total appropriation m ay be used for overhead 515
or indirect purposes. 516
4. At least 50 percent of Rapid Response funding shall be 517
dedicated to Intensive Services Accounts and Individual Training 518
Accounts for dislocated workers and incumbent workers who are at 519
risk of dislocation. The department shall also maintain an 520
Emergency Preparedness Fund from Rapid Response funds, which 521
will immediately issue Intensive Service Accounts, Individual 522
Training Accounts, and other federally authorized assistance to 523
eligible victims of natural or other disasters. At the direction 524
of the Governor, these Rapid Response funds shall be released to 525
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local workforce development boards for immediate use after 526
events that qualify under federal law. Funding shall also be 527
dedicated to maintain a unit at the state level to respond to 528
Rapid Response emergencies and to work with state emergency 529
management officials and local workforce development boards. All 530
Rapid Response funds must be expended based on a plan developed 531
by the state board in consultation with t he department and 532
approved by the Governor. 533
Section 8. Paragraph (a) of subsection (3) of section 534
445.004, Florida Statutes, is amended to read: 535
445.004 CareerSource Florida, Inc., and the state board; 536
creation; purpose; membership; duties and powers .— 537
(3)(a) Members of the state board described in Pub. L. No. 538
113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting 539
nonvoting members. The number of members is determined by the 540
Governor, who shall consider the importance of minority, gender, 541
and geographic representation in making appointments to the 542
state board. When the Governor is in attendance, he or she shall 543
preside at all meetings of the state board. 544
Section 9. Subsections (2) and (3) of section 695.03, 545
Florida Statutes, are amended to read : 546
695.03 Acknowledgment and proof; validation of certain 547
acknowledgments; legalization or authentication before foreign 548
officials.—To entitle any instrument concerning real property to 549
be recorded, the execution must be acknowledged by the party 550
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executing it, proved by a subscribing witness to it, or 551
legalized or authenticated in one of the following forms: 552
(2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES. —An 553
acknowledgment or a proof taken, administered, or made outside 554
of this state but within the United States may be taken, 555
administered, or made by or before a civil -law notary of this 556
state or a commissioner of deeds appointed by the Secretary of 557
Commerce Governor of this state ; by a judge or clerk of any 558
court of the United States or of any state, territory, or 559
district; by or before a United States commissioner or 560
magistrate; or by or before any notar y public, justice of the 561
peace, master in chancery, or registrar or recorder of deeds of 562
any state, territory, or district having a seal, and the 563
certificate of acknowledgment or proof must be under the seal of 564
the court or officer, as the case may be. If the acknowledgment 565
or proof is taken, administered, or made by or before a notary 566
public who does not affix a seal, it is sufficient for the 567
notary public to type, print, or write by hand on the 568
instrument, "I am a Notary Public of the State of ...(state). .., 569
and my commission expires on ...(date)...." 570
(3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 571
COUNTRIES.—An acknowledgment, an affidavit, an oath, a 572
legalization, an authentication, or a proof taken, administered, 573
or made outside the United States o r in a foreign country may be 574
taken, administered, or made by or before a commissioner of 575
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deeds appointed by the Secretary of Commerce Governor of this 576
state to act in such country; before a notary public of such 577
foreign country or a civil -law notary of this state or of such 578
foreign country who has an official seal; before an ambassador, 579
envoy extraordinary, minister plenipotentiary, minister, 580
commissioner, charge d'affaires, consul general, consul, vice 581
consul, consular agent, or other diplomatic or consul ar officer 582
of the United States appointed to reside in such country; or 583
before a military or naval officer authorized by 10 U.S.C. s. 584
1044a to perform the duties of notary public, and the 585
certificate of acknowledgment, legalization, authentication, or 586
proof must be under the seal of the officer. A certificate 587
legalizing or authenticating the signature of a person executing 588
an instrument concerning real property and to which a civil -law 589
notary or notary public of that country has affixed her or his 590
official seal is sufficient as an acknowledgment. For the 591
purposes of this section, the term "civil -law notary" means a 592
civil-law notary as defined in chapter 118 or an official of a 593
foreign country who has an official seal and who is authorized 594
to make legal or lawful the execution of any document in that 595
jurisdiction, in which jurisdiction the affixing of her or his 596
official seal is deemed proof of the execution of the document 597
or deed in full compliance with the laws of that jurisdiction. 598
Section 10. Section 720.406, Florida Statutes, is amended 599
to read: 600
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720.406 Department of Commerce Economic Opportunity ; 601
submission; review and determination. — 602
(1) Within No later than 60 days after obtaining valid 603
written consent from a majority of the affected parcel own ers, 604
or within 60 days after the date the proposed revived 605
declaration and other governing documents are approved by the 606
affected parcel owners by vote at a meeting , the organizing 607
committee or its designee must submit the proposed revived 608
governing documents and supporting materials to the Department 609
of Commerce Economic Opportunity to review and determine whether 610
to approve or disapprove of the proposal to preserve the 611
residential community. The submission to the department must 612
include: 613
(a) The full text of the proposed revived declaration of 614
covenants and articles of incorporation and bylaws of the 615
homeowners' association .; 616
(b) A verified copy of the previous declaration of 617
covenants and other previous governing documents for the 618
community, including any amendments thereto .; 619
(c) The legal description of each parcel to be subject to 620
the revived declaration and other governing documents and a plat 621
or other graphic depiction of the affected properties in the 622
community.; 623
(d) A verified copy of the wri tten consents of the 624
requisite number of the affected parcel owners approving the 625
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revived declaration and other governing documents or, if 626
approval was obtained by a vote at a meeting of affected parcel 627
owners, verified copies of the notice of the meeting, 628
attendance, and voting results .; 629
(e) An affidavit by a current or former officer of the 630
association or by a member of the organizing committee verifying 631
that the requirements for the revived declaration set forth in 632
s. 720.404 have been satisfied .; and 633
(f) Such other documentation that the organizing committee 634
believes is supportive of the policy of preserving the 635
residential community and operating, managing, and maintaining 636
the infrastructure, aesthetic character, and common areas 637
serving the residential community. 638
(2) Within No later than 60 days after receiving the 639
submission, the department must determine whether the proposed 640
revived declaration of covenants and other governing documents 641
comply with the requirements of this act. 642
(a) If the department determines that the proposed revived 643
declaration and other governing documents comply with the act 644
and have been approved by the parcel owners as required by this 645
act, the department shall notify the organizing committee in 646
writing of its approval. 647
(b) If the department determines that the proposed revived 648
declaration and other governing documents do not comply with , 649
this act or have not been approved as required by , this act, the 650
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department shall notify the organizing committee in writing that 651
it does not approve the governing documents and shall state the 652
reasons for the disapproval. 653
Section 11. Subsection (1) of section 721.97, Florida 654
Statutes, is amended to read: 655
721.97 Timeshare commissioner of deeds. — 656
(1) The Secretary of Commerce Governor may appoint 657
commissioners of deeds to take acknowledgments, proofs of 658
execution, or oaths in any foreign country, in international 659
waters, or in any possession, territory, or commonwealth of the 660
United States outside the 50 states. The term of office is 4 661
years. Commissioners of deeds shall have authority to take 662
acknowledgments, proofs of execution, and oaths in connection 663
with the execution of any deed, mortgage, deed of trust, 664
contract, power of attorney, or any other writing to be used or 665
recorded in connection with a timeshare estate, personal 666
property timeshare interest, timeshare license, any property 667
subject to a timeshare plan, or the operation of a timeshare 668
plan located within this state; provided such instrument or 669
writing is executed outsi de the United States. Such 670
acknowledgments, proofs of execution, and oaths must be taken or 671
made in the manner directed by the laws of this state, 672
including, but not limited to, s. 117.05(4), (5)(a), and (6), 673
Florida Statutes 1997, and certified by a commi ssioner of deeds. 674
The certification must be endorsed on or annexed to the 675
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instrument or writing aforesaid and has the same effect as if 676
made or taken by a notary public licensed in this state. 677
Section 12. This act shall take effect July 1, 2024. 678