This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1419.RRS
DATE: 1/31/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1419 Department of Commerce
SPONSOR(S): Tuck
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1420
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Bauldree Anstead
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The bill provides for the following changes that all impact the Department of Commerce (Commerce):
Provides that if the local government doesn’t hold a second public hearing and adopt a comprehensive
plan amendment within 180 days after Commerce provides comments, the amendment is deemed
withdrawn; and provides that comprehensive plan amendments are deemed withdrawn if the local
government fails to transmit the comprehensive plan amendment to Commerce within 10 working days
after the final adoption hearing.
Deletes requirement that the Florida Sports Foundation must continue amateur sports programs
previously conducted by the Florida Governor’s Council on Physical Fitness and Amateur Sports.
Requires Commerce to establish a direct-support organization (DSO); renames the Florida Defense
Support Task Force; provides for organizational composition; revises the mission of the DSO; requires
the DSO to operate under a contract with Commerce; revises the due date for the annual report; and
provides a repeal date of October 1, 2029.
Revises the term “businesses” to include healthcare facilities and allied health care opportunities, and
revises the funding priority purposes to provide that health care facilities, in addition to hospitals, operated
by nonprofit or local government entities that provide opportunities in health care, are eligible for the
funding under the Incumbent Worker Training Program.
Specifies that board members of the Workforce Innovation and Opportunity Act are voting members of
the state workforce development board.
Requires the Secretary of Commerce, rather than the Governor, to appoint commissioners of deeds who
authenticate acknowledgements in certain real estate transactions outside of Florida, but within the
United States, and outside of the United States or within foreign countries.
Specifies that a homeowner’s association’s proposed revived declaration of covenants and articles of
incorporation and bylaws must be submitted to Commerce within 60 days after obtaining valid written
consent from a majority of the affected parcel owners, or within 60 days after the date the documents are
approved by affected parcel owners by a vote at a meeting.
The bill does not have a fiscal impact on state or local government revenues or local government expenditures. The
bill may increase state expenditures. See Fiscal Analysis & Economic Impact Statement.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h1419.RRS PAGE: 2
DATE: 1/31/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Florida Defense Support Task Force
Present Situation
In 2011,
1
the Legislature created the Florida Defense Support Task Force (Task Force) with the
mission to make recommendations to preserve and protect military installations to support the state’s
position in research and development related to or arising out of military missions and contracting, and
to improve the state’s military-friendly environment for servicemembers, military dependents, military
retirees, and businesses that bring military and base-related jobs to the state.
2
The task force is comprised of the Governor, or his or her designee, and 12 members comprised of four
members appointed by the Governor, President of the Senate, and Speaker of the House of
Representatives, respectively. Task Force members represent defense-related industries or
communities that host military bases and installations.
3
With the exception of Legislative members,
Task Force members serve for a term of four years. Vacancies are to be filled for the remainder of the
unexpired term in the same manner as the initial appointment. Legislative members serve until the
expiration of their legislative term and may be reappointed once. All members are eligible for
reappointment.
4
The President and the Speaker each designate one of their appointees to serve as
chair and the chair must rotate each July 1.
5
The Secretary of the Department of Commerce, or his or
her designee, serves as the ex officio, nonvoting executive director.
6
The Department of Commerce (Commerce) is required to contract with the task force for the
expenditure of appropriated funds, which may be used by the task force for:
Economic and product research and development;
Joint planning with host communities to accommodate military missions and prevent base
encroachment;
Advocacy on the state’s behalf with federal civilian and military officials;
Assistance to school districts in providing a smooth transition for large numbers of additional
military-related students;
Job training and placement for military spouses in communities with high proportions of active
duty military personnel; and
Promotion of the state to military and related contractors and employers.
7
The Task Force must submit an annual progress report and work plan to the Governor, the President,
and the Speaker each February 1.
8
Effect of the Bill
The bill requires Commerce to establish a direct-support organization (DSO) to support Florida’s
military and defense industries and communities, and renames the Florida Defense Support Task
Force as the DSO. The DSO must operate under a contract with Commerce which must provide that:
1
Chapter 2011-76, s. 38, Laws of Fla.
2
Section 288.987(2), F.S.
3
Section 288.987(3), F.S.
4
Section 288.987(3), F.S.
5
Section 288.987(4), F.S.
6
Section 288.987(5), F.S., actually states that the Secretary of Economic Opportunity serves as the ex officio, nonvoting executive
director; however, HB 5 from 2023 (enacted as Chapter 2023-173, Laws of Fla.) changed the name of the Department of Economic
Opportunity to the Department of Commerce.
7
Section 288.987(7), F.S.
8
Section 288.987(6), F.S. STORAGE NAME: h1419.RRS PAGE: 3
DATE: 1/31/2024
Commerce may review the DSO’s articles of incorporation;
The DSO must submit an annual budget proposal to Commerce;
Any DSO funds held in a trust must revert to the state upon the expiration or cancellation of
the contract; and
The DSO is subject to an annual compliance review by Commerce.
The bill states that the DSO fiscal year begins on July 1 and ends on June 30 of the next succeeding
year. The DSO must also provide an annual financial audit.
The bill specifies that, under certain provisions of law, the DSO is not an agency for purposes of leasing
buildings or for bids for printing. However, the DSO must comply with per diem and travel expense
requirements. Commerce may allow the DSO to use the property, facilities, personnel, and services of
Commerce if the DSO provides equal employment opportunities to all persons regardless of race,
color, religion, sex, or national origin.
The bill revises the mission of the DSO. In addition to carrying out the provisions of the Task Force
under current law, the DSO must assist with the coordination of economic and workforce development
efforts in military communities and assist in the planning and research and development related to
military missions, businesses, and military families. Additionally, the DSO is organized and operated to:
Request, receive, hold, invest, and administer property;
Manage and make expenditures for the operation of the activities, services, functions, and
programs for economic and product research and development,
Conduct joint planning with host communities to accommodate military missions and prevent
base encroachment,
Advocate on the state’s behalf with federal civilian and military officials;
Assist school districts in providing a smooth transition for additional military-related students;
Provide job training and placement for military spouses in communities with high proportions
of active duty military personnel; and
Promote of the state to military and related contractors and employers.
Under the bill, the DSO must be governed by a board of directors composed of the Governor, or his or
her designee, four members appointed by the Governor, the President, and the Speaker. All
appointments in place as of July 1, 2024, must continue in effect until the expiration of the term. The
President and the Speaker each designate one of their appointees to serve as chair for a 2-year term
and the chair must rotate on July 1 of each odd-numbered year.
In the performance of its duties, the bill authorizes the DSO to make and enter into contracts as
necessary to carry out its mission. A proposed contract with a total cost of $750,000 or more is subject
to the noticing, review, and objection procedures provided in current law. The DSO may not divide one
proposed contract with a total cost of $750,000 or more into multiple contracts to circumvent the
prohibition. If the contract is contrary to legislative policy and intent, the DSO is prohibited from entering
into such contract. The DSO is also authorized to establish grant programs and administer grant
awards to support its mission.
The bill changes the due date for an annual report from February 1 to December 1.
Under the bill, unless the section establishing the DSO is reviewed and saved from repeal by the
Legislature, the DSO is repealed on October 1, 2029.
Comprehensive Plans
Present Situation
The Community Planning Act (Act), codified in Part II of Ch. 163, F.S., promotes the establishment and
implementation of comprehensive planning programs to guide and manage a local government’s STORAGE NAME: h1419.RRS PAGE: 4
DATE: 1/31/2024
development.
9
Through the comprehensive planning process, the Legislature intended that local
governments:
Preserve, promote, protect, and improve public health, safety, comfort, good order,
appearance, convenience, law enforcement and fire prevention, and general welfare;
Facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing, and other requirements and services; and
Conserve, develop, utilize, and protect natural resources within their jurisdictions.
10
To that end, the Act requires each local government to adopt and maintain a comprehensive plan that
must provide the principles, guidelines, standards, and strategies for the orderly and balanced future
economic, social, physical, environmental, and fiscal development of the area.
11
Specifically, the
comprehensive plan must:
Identify programs and activities for ensuring the comprehensive plan’s implementation;
Establish meaningful and predictable standards for land use and development and meaningful
guidelines for the adoption of detailed land development regulations;
12
and
Consist of elements set out in statute that must be based upon relevant and appropriate data
and an analysis by the local government that may involve surveys, studies, community goals
and vision, and other data available at the plan’s adoption or amendment.
13
The state land planning agency that administers these provisions is Commerce.
14
Comprehensive Plan Adoption
Each of Florida’s counties and municipalities has a comprehensive plan.
15
However, a newly-
incorporated municipality must follow the state coordinated review process to adopt a comprehensive
plan, which process begins with an initial public hearing during which the municipality’s governing body
decides whether to transmit the plan to the reviewing agencies;
16
such decision must be by an
affirmative vote of at least a majority of the governing body’s members present at the hearing.
17
The
municipality must then, within 10 working days of the hearing, transmit the proposed comprehensive
plan to:
The reviewing agencies for comment or, if the reviewing agency is the state land planning
agency, for the production of the state land planning agency’s statutorily-required report;
18
and
Any other local government or government agency that filed a written request for a copy of the
plan with the municipality.
19
Within 180 days after receipt of the state land planning agency’s report, the municipality must hold a
second public hearing to determine whether to adopt the comprehensive plan; such determination must
9
S. 163.3161(2), F.S.
10
S. 163.3161(4), F.S.
11
S. 163.3177(1) and (2), F.S.
12
“Land development regulations” means ordinances enacted to regulate any land development aspect, including zoning, rezoning,
subdivision, building construction, and sign regulation. Within one year after submitting a new or revised comprehensive plan, a local
government must adopt or amend and enforce land development regulations that are consistent with the plan. S. 163.3164(26), F.S.
13
A comprehensive plan may also consist of optional elements. S. 163.3177(1), F.S.
14
S. 163.3221(14), F.S.
15
For the purposes of the Act, a county’s authority extends to the total unincorporated area under its jurisdiction and to such
unincorporated areas not included in a joint agreement with a municipality. A municipality’s authority extends to the total area under its
jurisdiction and adjacent unincorporated areas included in a joint agreement with the county. S. 163.3171(1) and (2), F.S.; Fla. Dept. of
Environmental Protection, Comprehensive Plan, https://floridadep.gov/oip/oip/content/comprehensive-plan (last visited Jan. 27, 2024).
16
“Reviewing agencies” means the state land planning agency; the appropriate regional planning council and water management
district; the Florida Departments of Environmental Protection, State, and Transportation; the Florida Department of Education, if the
plan amendment relates to public schools; the commanding officer of any affected military installation; the Florida Fish and Wildlife
Conservation Commission and Department of Agriculture and Consumer Services, in the case of county plans and plan amendments;
and the county in which the municipality is located, in the case of municipal plans or plan amendments. S. 163.3184(1), F.S.
17
S. 163.3184(2), (4), and (11), F.S.
18
If the state land planning agency reviews a proposed comprehensive plan, it must issue a report stating its objections,
recommendations, and comments about the plan within 60 days of the plan’s transmission to the agency. The state land planning
agency is the Department of Economic Opportunity. S. 163.3184(4), F.S.; Fla. Dept. of Economic Opportunity, Community Planning,
Development, and Services, https://floridajobs.org/community-planning-and-development (last visited Jan. 27, 2023).
19
S. 163.3184(4), F.S. STORAGE NAME: h1419.RRS PAGE: 5
DATE: 1/31/2024
be by an affirmative vote of at least a majority of the governing body’s members present at the
hearing.
20
An adopted comprehensive plan, along with the supporting data and analyses, must be
transmitted within 10 working days of the adoption hearing to the state land planning agency and any
other agency or local government that provided timely comments.
21
The state land planning agency
then reviews the package for completeness and publishes a notice of intent to find that the plan
complies or does not comply with the Act.
22
A comprehensive plan takes effect pursuant to the notice of
intent.
23
Comprehensive Plan Amendment
Comprehensive plan amendments are generally governed by the state expedited review process,
which process typically begins with an initial public hearing during which the local government’s
governing body decides whether to transmit the proposed amendment to the reviewing agencies; such
decision must be by an affirmative vote of at least a majority of the governing body’s members present
at the hearing.
24
Within 10 working days of such hearing, the local government must transmit the plan
amendment and appropriate supporting data and analyses to the reviewing agencies for expedited
comment
25
and to any other local government or governmental agency that filed a written request for
such transmittal with the local government.
26
Interested persons may also provide the local government
with written or oral comments, recommendations, or objections to the plan amendment.
27
Within 180 days after receipt of agency comments, the local government must generally hold a second
public hearing to determine whether to adopt the plan amendment.
28
However, where the proposed
plan amendment is a small-scale development amendment,
29
the local government must hold only the
public adoption hearing; an initial public hearing is not required.
30
In either case, plan amendment
adoption must be by an affirmative vote of at least a majority of the governing body’s members present
at the hearing, and failure to hold a timely adoption hearings causes the amendment to be deemed
withdrawn unless the timeframe is extended by agreement with specified notice to the state land
planning agency and other parties.
31
Within 10 working days of the adoption hearing, the local government must transmit the plan
amendment to the state land planning agency and any affected person who provided timely comments
on the amendment.
32
The state land planning agency must review the amendment package for any
deficiencies and send notice of such deficiencies to the local government within five working days of
receipt of the amendment package.
33
If no deficiencies are found, the amendment takes effect 31 days
after the state land planning agency notifies the local government that the amendment package is
complete.
34
Effect of the Bill
20
S. 163.3184(4) and (11), F.S.
21
S. 163.3184(4), F.S.
22
Id.
23
Id.
24
The state coordinated review process applies to plan amendments that are in an area of critical state concern; propose a rural land
stewardship area; propose a sector plan or an amendment to an adopted sector plan; or update a comprehensive plan based on an
evaluation and appraisal. S. 163.3184(4) and (11), F.S.
25
The expedited review process is set out in s. 163.3184(3), F.S.
26
S. 163.3184(3), F.S.
27
Id.
28
Id.
29
A “small-scale development amendment” involves a use of 50 acres or fewer; only proposes a land use change to the future land use
map for a site-specific small-scale development activity; and applies to property not located within an area of critical state concern,
absent an exception related to affordable housing development. Id.
30
Ss. 163.3184(2) and 163.3187(2), F.S.
31
S. 163.3184(3), (4), and (11), F.S.
32
Id.
33
Id.
34
Id. STORAGE NAME: h1419.RRS PAGE: 6
DATE: 1/31/2024
The bill provides that if the local government doesn’t hold a second public hearing and adopt a
comprehensive plan amendment within 180 days after Commerce provides comments, the amendment
is deemed withdrawn.
The bill provides that if the local government fails to transmit the comprehensive plan amendment to
Commerce within 10 working days after the final adoption hearing, the amendment is deemed
withdrawn.
Florida Sports Foundation
Present Situation
The Florida Sports Foundation is a 501(c)(3) non-profit corporation, serving as the official sports
promotion and development organization for the State of Florida. It is charged with the promotion and
development of professional, amateur, and recreational sports, physical fitness opportunities, and
assisting communities and host organizations in attracting major and minor sports events to help
produce a thriving Florida sports industry and environment.
35
Under its duty to promote amateur sports
and physical fitness, the Florida Sports Foundation must continue the successful amateur sports
programs previously conducted by the Florida Governor’s Council on Physical Fitness and Amateur
Sports.
36
Effect of the Bill
The bill removes an outdated requirement that the Florida Sports Foundation must continue amateur
sports programs previously conducted by the Florida Governor’s Council on Physical Fitness and
Amateur Sports.
Florida Defense Support Task Force Public Records and Meetings Exemption
Present Situation
Current law provides a public record exemption for certain records held by the Task Force. Specifically,
the following records are exempt
37
from public records requirements:
38
That portion of a record that relates to strengths and weaknesses of military installations or
military missions in Florida relative to the selection criteria for the realignment and closure of
military bases and missions under the United States base realignment and closure (BRAC)
process.
That portion of a record that relates to strengths and weaknesses of military installations or
military missions in other state or territories and the vulnerability of such installations or
missions to base realignment or closure under the United States BRAC process, and any
agreements or proposals to relocate or realign military units and missions from other states or
territories.
That portion of a record that relates to Florida’s strategy to retain its military bases during any
United States BRAC process and any agreements or proposals to relocate or realign military
units and missions.
Current law also provides a public meeting exemption for any portion of a meeting of the Task Force, or
a workgroup of the Task Force, wherein such exempt records are presented or discussed.
39
In addition,
35
S. 288.1229, F.S.
36
S. 288.1229(7)(g), F.S.
37
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain
circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d 1015 (Fla.
2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA
1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record as confidential and
exempt from public disclosure, such record may not be released by the custodian of public records to anyone other than the persons or
entities specifically designated in statute. See Op. Att’y Gen. Fla. 04- 09 (2004).
38
S. 288.985(1)(a)-(c), F.S. STORAGE NAME: h1419.RRS PAGE: 7
DATE: 1/31/2024
any records generated during the closed portion of the meeting are exempt from public record
requirements.
40
Effect of the Bill
The bill makes conforming changes to the public records exemption by changing the custodian of the
records to the direct-support organization created in s. 288.987, F.S.
Incumbent Worker Training Program and CareerSource Florida, Inc.
Present Situation
Workforce Innovation and Opportunity Act of 2014
In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA), which superseded
the Workforce Investment Act of 1998.
41
WIOA requires each state to develop a single, unified plan for
aligning workforce services through the identification and evaluation of core workforce programs.
42
WIOA identifies four core programs that coordinate and complement each other to ensure job seekers
have access to needed resources.
43
The core programs are:
Adult, Dislocated Worker and Youth Programs;
Adult Education and Literacy Activities;
Employment Services under the Wagner-Peyser Act;
44
and
Vocational Rehabilitation Services.
45
WIOA establishes minimum performance accountability measures for the evaluation of core programs
in each state and performance reports to be provided at the state, local, and training provider levels.
46
Performance measures that apply across all core programs include:
47
The percentage of participants in unsubsidized employment during second quarter after exit.
The percentage of participants in unsubsidized employment during fourth quarter after exit.
The median earnings of participants during second quarter after exit.
The percentage of participants who obtain a postsecondary credential or secondary school
diploma within 1 year after exit.
The achievement of measureable skill gains toward credentials or employment; and
The effectiveness in serving employers.
State Administration of Workforce Development
WIOA requires the Governor to establish a State Workforce Development Board (state board) to assist
the Governor in carrying out the duties and responsibilities required by WIOA.
48
CareerSource Florida,
Inc., implements the policy directives of the state board and administers state workforce development
programs.
49
CareerSource Florida, Inc., provides administrative support to the state board, the principal
workforce policy organization for the state. WIOA state board members are nonvoting and the number
of members is determined by the Governor.
50
39
S. 288.985(2), F.S.
40
S. 288.985(3), F.S.
41
Workforce Innovation and Opportunity Act, 29 U.S.C. s. 3101 et seq. (2014).
42
See 29 U.S.C. s. 3112(a).
43
See 29 U.S.C. s. 3102(13).
44
See 29 U.S.C. s. 49 et seq.
45
See 29 U.S.C. s. 720 et. seq.
46
See 29 U.S.C. s. 3141.
47
Id.
48
29 U.S.C. s. 3111.
49
S. 445.004(2), F.S.
50
S. 445.004(3)(a), F.S. STORAGE NAME: h1419.RRS PAGE: 8
DATE: 1/31/2024
WIOA requires states to designate local workforce development areas in the state. The local workforce
development areas must be consistent with labor market areas and regional economic development
areas in the state and have available federal and non-federal resources necessary to effectively
administer workforce development services.
51
Within each area, a local workforce development board
must be established.
52
Each local workforce development board is required to coordinate planning and
service delivery strategies within the local workforce development area and submit to the Governor a 4-
year local plan for the delivery of workforce development services.
53
Commerce serves as Florida’s lead workforce agency.
54
Commerce is responsible for the fiscal and
administrative affairs of the workforce development system.
55
Commerce receives and distributes
federal funds for employment-related programs to the local workforce development boards.
56
Under the
direction of CareerSource, Commerce is required to annually meet with each local workforce
development board to review the board’s performance and to certify that the board is in compliance
with applicable state and federal laws.
57
Incumbent Worker Training Program
The Incumbent Worker Training Program (program) was created to provide grant funding for continuing
education and training of incumbent employees at existing Florida businesses. The program provides
reimbursement grants to businesses that that pay for preapproved, direct, training-related costs. The
term “business” includes hospitals operated by nonprofit or local government entities which provide
nursing opportunities to acquire new or improved skills.
58
Funding priority is given in the following order:
59
Businesses that provide employees with opportunities to acquire new or improved skills by
earning a credential on the Master Credentials List;
Hospitals operated by nonprofit or local government entities that provide nursing opportunities
to acquire new or improved skills;
Businesses whose grant proposals represent a significant upgrade in employee skills;
Businesses with 25 employees or fewer, businesses in rural areas, and businesses in
distressed inner-city areas; and
Businesses in a qualified targeted industry or businesses whose grant proposals represent a
significant layoff avoidance strategy.
Effect of the Bill
The bill revises the term “businesses” under the program to include healthcare facilities and allied
health care opportunities. The bill also revises the funding priority for grant purposes to provide that
health care facilities, in addition to hospitals, operated by nonprofit or local government entities that
provide opportunities in health care, rather than nursing opportunities, are eligible for the funding.
The bill specifies that WIOA state board members are voting members.
Commissioner of Deeds
Present Situation
The Governor may appoint commissioners of deeds to take acknowledgements, proofs of execution, or
oaths in any foreign country, in international waters, or in any possession, territory, or commonwealth of
51
See 29 U.S.C. s. 3121.
52
29 U.S.C. s. 3122.
53
See 29 U.S.C. ss. 3122 and 3123.
54
Primarily through the Division of Workforce Services. See s. 20.60, F.S.
55
See s. 20.60(5)(c), F.S. and s. 445.009(3)(c), F.S.
56
See s. 20.60(5)(c), F.S. and s. 445.003, F.S.
57
See s. 445.007(3), F.S.
58
S. 445.003(3)3., F.S.
59
Id. STORAGE NAME: h1419.RRS PAGE: 9
DATE: 1/31/2024
the United States outside the 50 states. The term of office is 4 years. Commissioners of deeds have
authority to take acknowledgements, proofs of execution, and oaths in connection with the execution of
any deed, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or
recorded in connection with a timeshare estate, personal property timeshare interest, timeshare
license, any property subject to a timeshare plan, or the operation of a timeshare plan located within
this state; provided such instrument or writing is executed outside the United States.
60
Transfers of real property are not effectual in law unless the transfer is recorded according to law. Nor
is any such instrument made or executed by power of attorney effectual in law unless the power of
attorney is recorded before the accruing of the right of a creditor or subsequent purchaser.
61
To entitle any instrument concerning real property to be recorded, the execution must be acknowledged
by the party executing it, proved by a subscribing witness to it, or legalized or authenticated in one of
the following forms:
Within Florida – Acknowledgement or proof taken, administered, or made within this state by a
judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or any
notary public or civil-law notary of this state.
Outside of Florida but within the United States – Acknowledgement of proof taken,
administered, or made by or before a civil-law notary of this state or a commissioner of deeds
appointed by the Governor of Florida, or other certain individuals.
Outside of the United States or within Foreign Countries – An acknowledgement, an affidavit, an
oath, a legalization, an authentication, or a proof taken, administered, or made by or before a
commissioner of deeds appointed by the Governor of Florida to act in such country, or other
certain individuals.
62
Effect of the Bill
The bill requires the Secretary of the Department of Commerce, rather than the Governor, to appoint
commissioners of deeds who authenticate acknowledgements in certain real estate transactions
outside of Florida but within the United States, and outside of the United States or within foreign
countries.
Revitalization of Homeowner Association Covenants
Present Situation
Parcel owners in a community that was previously subject to a declaration of covenants that has
ceased to govern one or more parcels in the community may revive the declaration and the association
for the community upon approval by the parcel owners to be governed as provided in the Covenant
Revitalization Act
63
and upon approval of the declaration and the other governing documents for the
association by Commerce.
64
No later than 60 days after the date the proposed revived declaration and other governing documents
are approved by the affected parcel owners, the organizing committee must submit the proposed
revived governing documents and any supporting materials to Commerce to review and determine
whether to approve or disapprove of the proposal to preserve the residential community.
65
Commerce must make a determination no later than 60 days and must notify the organizing committee
in writing of its approval or reasons for the disapproval.
66
60
S. 721.97(1), F.S.
61
S. 695.01, F.S.
62
S. 695.03(1)-(3), F.S.
63
Ch. 720, Part III, F.S.
64
S. 720.403(2), F.S.
65
S. 720.406(1), F.S.
66
S. 720.406(2), F.S. STORAGE NAME: h1419.RRS PAGE: 10
DATE: 1/31/2024
Effect of Proposed Changes
The bill specifies that a homeowner’s association’s proposed revived declaration of covenants and
articles of incorporation and bylaws must be submitted to Commerce within 60 days after obtaining
valid written consent from a majority of the affected parcel owners, or within 60 days after the date the
documents are approved by affected parcel owners by a vote at a meeting.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 163.3175, F.S., relating to legislative findings on compatibility of development
with military installations; exchange of information between local governments and military installations.
Section 2: Amends s. 163.3184, F.S., relating to process for adoption of comprehensive plan or plan
amendment.
Section 3: Amends s. 288.1229, F.S., relating to promotion and development of sports-related
industries and amateur athletics; direct-support organization established; powers and duties.
Section 4: Amends s. 288.980, F.S., relating to military base retention; legislative intent; grants
program.
Section 5: Amends s. 288.985, F.S., relating to exemptions from public records and public meetings
requirements.
Section 6: Amends s. 288.987, F.S., relating to the Florida Defense Support Task Force.
Section 7: Amends s. 445.003, F.S., relating to implementation of the federal Workforce Innovation
and Opportunity Act.
Section 8: Amends s. 445.004, F.S., relating to CareerSource Florida, Inc., and the state board;
creation; purpose; membership; duties and powers.
Section 9: Amends s. 695.03, F.S., relating to acknowledgment and proof; validation of certain
acknowledgments; legalization or authentication before foreign officials.
Section 10: Amends s. 720.406, F.S., relating to Department of Commerce; submission; review; and
determination.
Section 11: Amends s. 721.97, F.S., relating to timeshare commissioner of deeds.
Section 12: Provides as effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Indeterminate. The bill may increase state government expenditures by moving the appointment of
commissioner of deeds to Commerce and by transitioning the Florida Defense Support Task Force
to a DSO of Commerce.
STORAGE NAME: h1419.RRS PAGE: 11
DATE: 1/31/2024
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Not applicable. This bill does not appear to affect county or municipal governments.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not authorize or require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.