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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Commerce; 2
creating s. 163.046, F.S.; authorizing the state land 3
planning agency to assist in certain planning and 4
development; prohibiting local governments from 5
requiring specified documents or a fee for the 6
pruning, trimming, or removal of trees on certain 7
properties; prohibiting local governments from 8
requiring property owners to replant pruned, trimmed, 9
or removed trees on certain properties; amending s. 10
163.3167, F.S.; prohibiting a county ordinance or 11
charter provision from revoking or preempting any part 12
of a municipal local comprehensive plan or land 13
development regulation; providing legislative intent; 14
providing retroactive applicability; amending s. 15
163.3175, F.S.; conforming a provision to changes made 16
by the act; amending s. 163.3180, F.S.; providing that 17
local governments have certain exclusive power and 18
responsibility; revising requirements for local 19
governments implementing a transportation concurrency 20
system; amending s. 163.31801, F.S.; revising 21
legislative intent with respect to the adoption of 22
impact fees by special districts; clarifying 23
circumstances under which a local government or 24
special district must credit certain contributions 25
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toward the collection of an impact fee; amending s. 26
163.3184, F.S.; revising the procedure for adopting 27
comprehensive plan amendments; providing that 28
amendments are deemed withdrawn if the local 29
government fails to transmit the comprehensive plan 30
amendments to the department, in its role as the state 31
land planning agency, wit hin a certain time period; 32
amending s. 288.066, F.S.; increasing the authorized 33
term of a loan provided under the Local Government 34
Emergency Revolving Bridge Loan Program; amending s. 35
288.1229, F.S.; revising the duties of the Florida 36
Sports Foundation; am ending ss. 288.980 and 288.985, 37
F.S.; conforming provisions to changes made by the 38
act; amending s. 288.987, F.S.; requiring the 39
department to establish a direct -support organization; 40
renaming the Florida Defense Support Task Force as the 41
direct-support organization; specifying that the 42
organization is a direct -support organization of the 43
department and a corporation not for profit; requiring 44
the organization to operate under contract with the 45
department; specifying requirements for such contract; 46
requiring the department to make a determination and 47
annual certification of certain compliance; specifying 48
the organization's fiscal year; requiring the 49
department to annually submit a proposed operating 50
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budget to the Governor and Legislature; specifying 51
audit requirements applicable to the organization; 52
authorizing the organization to take certain actions 53
regarding administration of property and expenditures; 54
specifying that the organization is not an agency for 55
purposes of specified provisions of law; authorizing 56
the department to allow the organization to use 57
certain departmental resources if certain conditions 58
are met; revising the mission of the organization; 59
revising provisions governing the composition of the 60
organization's board of directors; revising the da te 61
by which the organization's annual report is due; 62
providing certain powers and duties of the 63
organization, subject to certain requirements and 64
limitations; providing for future repeal; amending s. 65
380.06, F.S.; revising applicability of provisions 66
governing credits against local impact fees; revising 67
procedures regarding local government review of 68
changes to previously approved developments of 69
regional impact; specifying changes that are not 70
subject to local government review; authorizing 71
changes to multimodal pathways, or the substitution of 72
such pathways, in previously approved developments of 73
regional impact if certain conditions are met; 74
specifying that certain changes to comprehensive plan 75
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policies and land development regulations do not apply 76
to proposed changes to an approved development of 77
regional impact or to development orders required to 78
implement the approved development of regional impact; 79
revising acts that are deemed to constitute an act of 80
reliance by a developer to vest rights; amending s . 81
445.003, F.S.; revising the definition of the term 82
"businesses"; revising funding priority for purposes 83
of funding grants under the Incumbent Worker Training 84
Program; amending s. 445.004, F.S.; specifying that 85
certain members of the state workforce devel opment 86
board are voting members of the board; amending s. 87
720.406, F.S.; specifying required actions for a 88
proposed revived declaration and other governing 89
documents; making technical changes; authorizing the 90
department to amend certain loan agreements und er 91
certain circumstances; providing effective dates. 92
93
Be It Enacted by the Legislature of the State of Florida: 94
95
Section 1. Section 163.046, Florida Statutes, is created 96
to read: 97
163.046 Land development for critical health care 98
facilities.— 99
(1) The state land planning agency may assist in the 100
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planning and development of critical health care facilities to 101
serve communities in this state. 102
(2) A local government may not require a notice, 103
application, approval, permit, fee, or mitigation for the 104
pruning, trimming, or removal of a tree on property being used 105
for the construction or development of a veterans health care 106
facility if: 107
(a) Such construction or development has been 108
preliminarily approved by the United States Department of 109
Veterans Affairs; and 110
(b) The state land planning agency makes a finding that 111
such construction or development serves a critical need for 112
health care. 113
(3) A local government may not require a property owner to 114
replant a tree that was pruned, trimmed, or removed in 115
accordance with this section. 116
Section 2. Paragraph (d) of subsection (8) of section 117
163.3167, Florida Statutes, is redesignated as paragraph (e) and 118
amended, and a new paragraph (d) is added to that subsection, to 119
read: 120
163.3167 Scope of act. — 121
(8) 122
(d) A county ordinance or charter provision that revokes 123
or preempts any part of a municipal local comprehensive plan or 124
land development regulation is prohibited as violative of the 125
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state and local government cooperation requirement of s. 126
163.3204. 127
(e)(d) It is the intent of the Legislature that initiative 128
and referendum be prohibited in regard to any development order 129
or land development regulation. It is the intent of the 130
Legislature that initiative and referendum be prohibited in 131
regard to any local comprehensive plan amendment or map 132
amendment, except as specifically and narrowly allowed by 133
paragraph (c). It is also the intent of the Legislature that any 134
county ordinance or charter provision revoking or preempting a 135
municipal local comprehensive pla n or land development 136
regulation not in effect before June 1, 2020, be prohibited. 137
Therefore, the prohibition on initiative and referendum stated 138
in paragraphs (a) and (c) is remedial in nature and applies 139
retroactively to any initiative or referendum proc ess commenced 140
after June 1, 2011, and any such initiative or referendum 141
process commenced or completed thereafter is deemed null and 142
void and of no legal force and effect. The prohibition on a 143
county ordinance or charter provision stated in paragraph (d) i s 144
remedial in nature and applies retroactively to any county 145
ordinance or charter provision commenced after June 1, 2020, and 146
any such county ordinance or charter provision adopted 147
thereafter is deemed null and void and of no legal force and 148
effect. 149
Section 3. Subsection (3) of section 163.3175, Florida 150
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Statutes, is amended to read: 151
163.3175 Legislative findings on compatibility of 152
development with military installations; exchange of information 153
between local governments and military installations. — 154
(3) The direct-support organization created in s. 288.987 155
Florida Defense Support Task Force may recommend to the 156
Legislature changes to the military installations and local 157
governments specified in subsection (2) based on a military 158
base's potential for impacts from encroachment, and incompatible 159
land uses and development. 160
Section 4. Paragraphs (a) through (i) of subsection (5) of 161
section 163.3180, Florida Statutes, are redesignated as 162
paragraphs (b) through (j), respectively, present paragraphs (h) 163
and (i) are amended, and a new paragraph (a) is added to that 164
subsection, to read: 165
163.3180 Concurrency. — 166
(5) 167
(a) Local governments shall have exclusive power and 168
responsibility to evaluate transportation impacts, apply 169
concurrency, and assess any fee related to transportation 170
improvements set forth in this subsection. 171
(i)(h)1. Notwithstanding any provision in a development 172
order, an agreement, a local comprehensive plan, or a local land 173
development regulation, local governments that continue to 174
implement a transportation concurrency system, whether in the 175
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form adopted into the comprehensive plan before the effective 176
date of the Community Planning Act, chapter 2011 -139, Laws of 177
Florida, or as subsequently modified, must: 178
a. Consult with the Departmen t of Transportation when 179
proposed plan amendments affect facilities on the strategic 180
intermodal system. 181
b. Exempt public transit facilities from concurrency. For 182
the purposes of this sub -subparagraph, public transit facilities 183
include transit stations an d terminals; transit station parking; 184
park-and-ride lots; intermodal public transit connection or 185
transfer facilities; fixed bus, guideway, and rail stations; and 186
airport passenger terminals and concourses, air cargo 187
facilities, and hangars for the assembl y, manufacture, 188
maintenance, or storage of aircraft. As used in this sub -189
subparagraph, the terms "terminals" and "transit facilities" do 190
not include seaports or commercial or residential development 191
constructed in conjunction with a public transit facility . 192
c. Allow an applicant for a development -of-regional-impact 193
development order, development agreement, rezoning, or other 194
land use development permit to satisfy the transportation 195
concurrency requirements of the local comprehensive plan, the 196
local government's concurrency management system, and s. 380.06, 197
when applicable, if: 198
(I) The applicant in good faith offers to enter into a 199
binding agreement to pay for or construct its proportionate 200
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share of required improvements in a manner consistent with this 201
subsection. 202
(II) The proportionate -share contribution or construction 203
is sufficient to accomplish one or more mobility improvements 204
that will benefit a regionally significant transportation 205
facility. A local government may accept contributions from 206
multiple applicants for a planned improvement if it maintains 207
contributions in a separate account designated for that purpose. 208
d. Provide the basis upon which the landowners will be 209
assessed a proportionate share of the cost addressing the 210
transportation impac ts resulting from a proposed development. 211
e. Credit the fair market value of any land dedicated to a 212
governmental entity for transportation facilities against the 213
total proportionate share payments computed pursuant to this 214
section. 215
2. An applicant is shall not be held responsible for the 216
additional cost of reducing or eliminating deficiencies. When an 217
applicant contributes or constructs its proportionate share 218
pursuant to this paragraph, a local government may not require 219
payment or construction of tra nsportation facilities whose costs 220
would be greater than a development's proportionate share of the 221
improvements necessary to mitigate the development's impacts. 222
a. The proportionate -share contribution shall be 223
calculated based upon the number of trips f rom the proposed 224
development expected to reach roadways during the peak hour from 225
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the stage or phase being approved, divided by the change in the 226
peak hour maximum service volume of roadways resulting from 227
construction of an improvement necessary to mainta in or achieve 228
the adopted level of service, multiplied by the construction 229
cost, at the time of development payment, of the improvement 230
necessary to maintain or achieve the adopted level of service. 231
b. In using the proportionate -share formula provided in 232
this subparagraph, the applicant, in its traffic analysis, shall 233
identify those roads or facilities that have a transportation 234
deficiency in accordance with the transportation deficiency as 235
defined in subparagraph 4. The proportionate -share formula 236
provided in this subparagraph shall be applied only to those 237
facilities that are determined to be significantly impacted by 238
the project traffic under review. If any road is determined to 239
be transportation deficient without the project traffic under 240
review, the costs of correcting that deficiency shall be removed 241
from the project's proportionate -share calculation and the 242
necessary transportation improvements to correct that deficiency 243
shall be considered to be in place for purposes of the 244
proportionate-share calculation. The improvement necessary to 245
correct the transportation deficiency is the funding 246
responsibility of the entity that has maintenance responsibility 247
for the facility. The development's proportionate share shall be 248
calculated only for the needed trans portation improvements that 249
are greater than the identified deficiency. 250
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c. When the provisions of subparagraph 1. and this 251
subparagraph have been satisfied for a particular stage or phase 252
of development, all transportation impacts from that stage or 253
phase for which mitigation was required and provided shall be 254
deemed fully mitigated in any transportation analysis for a 255
subsequent stage or phase of development. Trips from a previous 256
stage or phase that were not analyzed did not result in impacts 257
for which mitigation was required or provided may be 258
cumulatively analyzed with trips from a subsequent stage or 259
phase to determine whether an impact requires mitigation for the 260
subsequent stage or phase. 261
d. In projecting the number of trips to be generated by 262
the development under review, any trips assigned to a toll -263
financed facility shall be eliminated from the analysis. 264
e. The applicant shall receive a credit on a dollar -for-265
dollar basis for impact fees, mobility fees, and other 266
transportation concurrency mit igation requirements paid or 267
payable in the future for the project. The credit shall be 268
reduced up to 20 percent by the percentage share that the 269
project's traffic represents of the added capacity of the 270
selected improvement, or by the amount specified by local 271
ordinance, whichever yields the greater credit. 272
3. This subsection does not require a local government to 273
approve a development that, for reasons other than 274
transportation impacts, is not qualified for approval pursuant 275
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to the applicable local comp rehensive plan and land development 276
regulations. 277
4. As used in this subsection, the term "transportation 278
deficiency" means a facility or facilities on which the adopted 279
level-of-service standard is exceeded by the existing, 280
committed, and vested trips, p lus additional projected 281
background trips from any source other than the development 282
project under review, and trips that are forecast by established 283
traffic standards, including traffic modeling, consistent with 284
the University of Florida's Bureau of Econo mic and Business 285
Research medium population projections. Additional projected 286
background trips are to be coincident with the particular stage 287
or phase of development under review. 288
(j)(i) If a local government elects to repeal 289
transportation concurrency, it is encouraged to adopt an 290
alternative mobility funding system that uses one or more of the 291
tools and techniques identified in paragraph (g) paragraph (f). 292
Any alternative mobility funding system adopted may not be used 293
to deny, time, or phase an applica tion for site plan approval, 294
plat approval, final subdivision approval, building permits, or 295
the functional equivalent of such approvals provided that the 296
developer agrees to pay for the development's identified 297
transportation impacts via the funding mecha nism implemented by 298
the local government. The revenue from the funding mechanism 299
used in the alternative system must be used to implement the 300
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needs of the local government's plan which serves as the basis 301
for the fee imposed. A mobility fee -based funding system must 302
comply with s. 163.31801 governing impact fees. An alternative 303
system that is not mobility fee -based shall not be applied in a 304
manner that imposes upon new development any responsibility for 305
funding an existing transportation deficiency as defin ed in 306
paragraph (i) paragraph (h). 307
Section 5. Subsection (2) and paragraph (a) of subsection 308
(5) of section 163.31801, Florida Statutes, are amended to read: 309
163.31801 Impact fees; short title; intent; minimum 310
requirements; audits; challenges. — 311
(2) The Legislature finds that impact fees are an 312
important source of revenue for a local government to use in 313
funding the infrastructure necessitated by new growth. The 314
Legislature further finds that impact fees are an outgrowth of 315
the home rule power of a l ocal government to provide certain 316
services within its jurisdiction. Due to the growth of impact 317
fee collections and local governments' reliance on impact fees, 318
it is the intent of the Legislature to ensure that, when a 319
county or municipality adopts an imp act fee by ordinance or a 320
special district, if authorized by its special act, adopts an 321
impact fee by resolution, the governing authority complies with 322
this section. 323
(5)(a) Notwithstanding any charter provision, 324
comprehensive plan policy, ordinance, deve lopment order, 325
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development permit, agreement, or resolution to the contrary, 326
the local government or special district must credit against the 327
collection of the impact fee any contribution, whether 328
identified in an a proportionate share agreement or other f orm 329
of exaction, related to public facilities or infrastructure, 330
including land dedication, site planning and design, or 331
construction. Any contribution must be applied on a dollar -for- 332
dollar basis at fair market value to reduce any impact fee 333
collected for the general category or class of public facilities 334
or infrastructure for which the contribution was made. 335
Section 6. Paragraph (c) of subsection (3) and paragraph 336
(e) of subsection (4) of section 163.3184, Florida Statutes, are 337
amended to read: 338
163.3184 Process for adoption of comprehensive plan or 339
plan amendment.— 340
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 341
COMPREHENSIVE PLAN AMENDMENTS. — 342
(c)1. The local government shall hold a its second public 343
hearing, which shall be a hearing on whether to adopt one or 344
more comprehensive plan amendments pursuant to subsection (11). 345
If the local government fails, within 180 days after receipt of 346
agency comments, to hold the second public hearing, and to adopt 347
the comprehensive plan amendments, the amendments are shall be 348
deemed withdrawn unless extended by agreement with notice to the 349
state land planning agency and any affected person that provided 350
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comments on the amendment. The 180 -day limitation does not apply 351
to amendments processed pursuant to s. 380.06. 352
2. All comprehensive plan amendments adopted by the 353
governing body, along with the supporting data and analysis, 354
shall be transmitted within 10 working days after the final 355
adoption second public hearing to the state land planning agency 356
and any other agency or local government that provided timely 357
comments under subparagraph (b)2. If the local government fails 358
to transmit the comprehensive plan amendments within 10 working 359
days after the final adoption hearing, the amendments are deemed 360
withdrawn. 361
3. The state land planning agency shall notify the local 362
government of any deficiencies within 5 working days after 363
receipt of an amendment package. For purposes of completeness, 364
an amendment shall be deemed complete if it contains a full, 365
executed copy of: 366
a. The adoption ordinance or ordinances; 367
b. In the case of a text amendment, a full copy of the 368
amended language in legislative format with new words inserted 369
in the text underlined, and words deleted stricken with hyphens; 370
c. In the case of a future land use map amendment, a copy 371
of the future land use map clearly depicting the parcel, its 372
existing future land use designation, and its adopted 373
designation; and 374
d. a copy of Any data and analyses the local government 375
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deems appropriate. 376
4. An amendment adopted under this paragraph does not 377
become effective until 31 days after the state land planning 378
agency notifies the local government that the plan amendment 379
package is complete. If timely ch allenged, an amendment does not 380
become effective until the state land planning agency or the 381
Administration Commission enters a final order determining the 382
adopted amendment to be in compliance. 383
(4) STATE COORDINATED REVIEW PROCESS. — 384
(e) Local government review of comments; adoption of plan 385
or amendments and transmittal. — 386
1. The local government shall review the report submitted 387
to it by the state land planning agency, if any, and written 388
comments submitted to it by any other person, agency, or 389
government. The local government shall, upon receipt of the 390
report from the state land planning agency, shall hold its 391
second public hearing , which shall be a hearing to determine 392
whether to adopt the comprehensive plan or one or more 393
comprehensive plan amendmen ts pursuant to subsection (11). If 394
the local government fails to hold the second hearing and adopt 395
the amendments within 180 days after receipt of the state land 396
planning agency's report, the amendments shall be deemed 397
withdrawn unless extended by agreemen t with notice to the state 398
land planning agency and any affected person that provided 399
comments on the amendment. The 180 -day limitation does not apply 400
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to amendments processed pursuant to s. 380.06. 401
2. All comprehensive plan amendments adopted by the 402
governing body, along with the supporting data and analysis, 403
shall be transmitted within 10 working days after the final 404
adoption second public hearing to the state land planning agency 405
and any other agency or local government that provided timely 406
comments under paragraph (c). If the local government fails to 407
transmit the comprehensive plan amendments within 10 working 408
days after the final adoption hearing, the amendments are deemed 409
withdrawn. 410
3. The state land planning agency shall notify the local 411
government of any deficiencies within 5 working days after 412
receipt of a plan or plan amendment package. For purposes of 413
completeness, a plan or plan amendment shall be deemed complete 414
if it contains a full, executed copy of each of the following: 415
a. The adoption ordinance or ordinances; 416
b. In the case of a text amendment, a full copy of the 417
amended language in legislative format with new words inserted 418
in the text underlined, and words deleted stricken with hyphens; 419
c. In the case of a future land use map amen dment, a copy 420
of the future land use map clearly depicting the parcel, its 421
existing future land use designation, and its adopted 422
designation; and 423
d. a copy of Any data and analyses the local government 424
deems appropriate. 425
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4. After the state land plannin g agency makes a 426
determination of completeness regarding the adopted plan or plan 427
amendment, the state land planning agency shall have 45 days to 428
determine whether if the plan or plan amendment is in compliance 429
with this act. Unless the plan or plan amendm ent is 430
substantially changed from the one commented on, the state land 431
planning agency's compliance determination shall be limited to 432
objections raised in the objections, recommendations, and 433
comments report. During the period provided for in this 434
subparagraph, the state land planning agency shall issue, 435
through a senior administrator or the secretary, a notice of 436
intent to find that the plan or plan amendment is in compliance 437
or not in compliance. The state land planning agency shall post 438
a copy of the notice of intent on the agency's Internet website. 439
Publication by the state land planning agency of the notice of 440
intent on the state land planning agency's Internet site is 441
shall be prima facie evidence of compliance with the publication 442
requirements of this subparagraph. 443
5. A plan or plan amendment adopted under the state 444
coordinated review process shall go into effect pursuant to the 445
state land planning agency's notice of intent. If timely 446
challenged, an amendment does not become effective until the 447
state land planning agency or the Administration Commission 448
enters a final order determining the adopted amendment to be in 449
compliance. 450
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Section 7. Effective upon becoming a law, paragraph (c) of 451
subsection (3) of section 288.066, Florida Statutes, is amende d 452
to read: 453
288.066 Local Government Emergency Revolving Bridge Loan 454
Program.— 455
(3) LOAN TERMS.— 456
(c) The term of the loan is up to 10 5 years. 457
Section 8. Paragraph (g) of subsection (7) of section 458
288.1229, Florida Statutes, is amended to read: 459
288.1229 Promotion and development of sports -related 460
industries and amateur athletics; direct -support organization 461
established; powers and duties. — 462
(7) To promote amateur sports and physical fitness, the 463
foundation shall: 464
(g) Continue the successful ama teur sports programs 465
previously conducted by the Florida Governor's Council on 466
Physical Fitness and Amateur Sports created under former s. 467
14.22. 468
Section 9. Paragraph (b) of subsection (2) of section 469
288.980, Florida Statutes, is amended to read: 470
288.980 Military base retention; legislative intent; 471
grants program.— 472
(2) 473
(b)1. The department shall , annually by October 1, request 474
military installations in this the state to provide the 475
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department with a list of base buffering encroachment lands for 476
fee simple or less-than-fee simple acquisitions before October 477
1. 478
2. The department shall submit the list of base buffering 479
encroachment lands to the direct-support organization Florida 480
Defense Support Task Force created in s. 288.987. 481
3. The direct-support organization created in s. 288.987 482
Florida Defense Support Task Force shall, annually by December 483
1, review the list of base buffering encroachment lands 484
submitted by the military installations and provide its 485
recommendations for ranking the lands for acquisition to the 486
department. 487
4. The department shall annually submit the list of base 488
buffering encroachment lands provided by the direct-support 489
organization created in s. 288.987 Florida Defense Support Task 490
Force to the Board of Trustees of the Internal Improvement Trust 491
Fund, which may acquire the lands pursuant to s. 253.025. At a 492
minimum, the annual list must contain all of the following for 493
each recommended land acquisition: 494
a. A legal description of the land and its property 495
identification number.; 496
b. A detailed map of the land .; and 497
c. A management and monitoring agreement to ensure the 498
land serves a base buffering purpose. 499
Section 10. Subsection (1) and paragraph (a) of subsection 500
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(2) of section 288.985, Florida Statutes, a re amended to read: 501
288.985 Exemptions from public records and public meetings 502
requirements.— 503
(1) The following records held by the direct-support 504
organization created in s. 288.987 Florida Defense Support Task 505
Force are exempt from s. 119.07(1) and s. 24(a), Art. I of the 506
State Constitution: 507
(a) That portion of a record which relates to strengths 508
and weaknesses of military installations or military missions in 509
this state relative to the selection criteria for the 510
realignment and closure of military b ases and missions under any 511
United States Department of Defense base realignment and closure 512
process. 513
(b) That portion of a record which relates to strengths 514
and weaknesses of military installations or military missions in 515
other states or territories and the vulnerability of such 516
installations or missions to base realignment or closure under 517
the United States Department of Defense base realignment and 518
closure process, and any agreements or proposals to relocate or 519
realign military units and missions from other states or 520
territories. 521
(c) That portion of a record which relates to the state's 522
strategy to retain its military bases during any United States 523
Department of Defense base realignment and closure process and 524
any agreements or proposals to relocate o r realign military 525
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units and missions. 526
(2)(a) Meetings or portions of meetings of the direct-527
support organization created in s. 288.987 Florida Defense 528
Support Task Force, or a workgroup of the direct-support 529
organization task force, at which records are presented or 530
discussed that are exempt under subsection (1) are exempt from 531
s. 286.011 and s. 24(b), Art. I of the State Constitution. 532
Section 11. Section 288.987, Florida Statutes, is amended 533
to read: 534
288.987 Florida defense support Task Force.— 535
(1) The Department of Commerce shall establish a direct -536
support organization to support Florida's military and defense 537
industries and communities The Florida Defense Support Task 538
Force is created. 539
(a) The direct-support organization is a corporation not 540
for profit, as defined in s. 501(c)(3) of the Internal Revenue 541
Code, which is incorporated under chapter 617 and approved by 542
the Department of State. The direct -support organization is 543
exempt from paying filing fees under chapter 617. 544
(b) The direct-support organization shall operate under 545
contract with the department pursuant to s. 20.60. The contract 546
must provide that: 547
1. The department may review the direct -support 548
organization's articles of incorporation. 549
2. The direct-support organization shall s ubmit an annual 550
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budget proposal to the department, on a form provided by the 551
department, in accordance with department procedures for filing 552
budget proposals based on recommendations of the department. 553
3. Any funds that the direct -support organization ho lds in 554
trust must revert to the state upon the expiration or 555
cancellation of the contract. 556
4. The direct-support organization is subject to an annual 557
financial and performance review by the department to determine 558
whether the direct-support organization is complying with the 559
terms of the contract and is acting in a manner consistent with 560
the goals of the department and in the best interest of the 561
state. 562
(c) The department must determine and annually certify 563
that the direct-support organization is comply ing with the terms 564
of the contract and is doing so consistent with the goals and 565
purposes of the organization and in the best interests of the 566
state. 567
(d) The fiscal year of the direct -support organization 568
begins on July 1 and ends on June 30 of the next succeeding 569
year. By August 15 of each fiscal year, the department shall 570
submit a proposed operating budget for the direct -support 571
organization to the Governor, the President of the Senate, and 572
the Speaker of the House of Representatives. 573
(e) The direct-support organization shall provide an 574
annual financial audit in accordance with s. 215.981. 575
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(f) The direct-support organization is not an agency for 576
purposes of chapter 120; s. 215.31; chapter 216; ss. 255.21, 577
255.25, and 255.254, relating to leasing of b uildings; and ss. 578
283.33 and 283.35, relating to bids for printing. 579
(g) Subject to the approval of the Secretary of Commerce, 580
the department may allow the direct -support organization to use 581
the property, facilities, personnel, and services of the 582
department if the direct -support organization provides equal 583
employment opportunities to all persons regardless of race, 584
color, religion, sex, or national origin. 585
(2)(a) The mission of the direct-support organization task 586
force is to carry out the provis ions of this section, to make 587
recommendations to preserve and protect military installations , 588
to assist Florida Is For Veterans, Inc., created in s. 295.21, 589
with economic and workforce development efforts in military 590
communities, to conduct planning and re search and development to 591
support military missions, businesses, and military families to 592
support the state's position in research and development related 593
to or arising out of military missions and contracting , and to 594
improve the state's military -friendly environment for 595
servicemembers, military dependents, military retirees, and 596
businesses that bring military and base -related jobs to the 597
state. 598
(b) The direct-support organization is organized and 599
operated to request, receive, hold, invest, and administer 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
property and to manage and make expenditures related to the 601
direct-support organization's mission and for joint planning 602
with host communities to accommodate military missions and 603
prevent base encroachment, advocacy on the state's behalf with 604
federal civilian and military officials, promotion of the state 605
to military and related contractors and employers, and support 606
of economic and product research and development activities of 607
the defense industry. 608
(c) As necessary and requested by Florida Is For Veter ans, 609
Inc., the direct-support organization may undertake activities 610
that assist the corporation with job training and placement for 611
military spouses in communities with high proportions of active 612
duty military personnel. As necessary and requested by the 613
Department of Education, school districts, or state colleges and 614
universities, the direct -support organization may undertake 615
activities that assist in providing a smooth transition for 616
dependents of military personnel and other military students. 617
The direct-support organization is intended to complement but 618
may not supplant the activities of other state entities. 619
(3) The direct-support organization shall be governed by a 620
board of directors. 621
(a) The board of directors is composed of the Governor, or 622
his or her designee, and the following members task force shall 623
be comprised of the Governor or his or her designee, and 12 624
members appointed as follows: 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1.(a) Four members appointed by the Governor. 626
2.(b) Four members appointed by the President of the 627
Senate. 628
3.(c) Four members appointed by the Speaker of the House 629
of Representatives. 630
(b)(d) Appointed members must represent defense -related 631
industries or communities that host military bases and 632
installations. All appointments in place as of July 1, 2024, 633
must continue in effect until the expiration of the term must be 634
made by August 1, 2011 . Members shall serve for a term of 4 635
years, with the first term ending July 1, 2015. However, if 636
members of the Legislature are appointed to the task force, 637
those members shall serve until the expiration of their 638
legislative term and may be reappointed once . A vacancy shall be 639
filled for the remainder of the unexpired term in the same 640
manner as the initial appointment . 641
(c) The President of the Senate and the Speaker of the 642
House of Representatives shall each appoint a current member of 643
their respective chambers who shall serve as ex officio, 644
nonvoting members. An appointed senator or representative shall 645
serve until the expiration of the member's legislative term and 646
may be reappointed once. An appointed senator or representative 647
All members of the council are eligible for reappointment. A 648
member who serves in the Legislature may participate in all 649
direct-support organization task force activities but may not 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
only vote on matters that are advisory . 651
(d)(4) The President of the Senate and the Speaker of the 652
House of Representatives shall each designate one of their 653
appointees under paragraph (a) to serve as chair of th e direct-654
support organization task force. The chair shall serve a 2-year 655
term, rotating on December 1 of each even -numbered year rotate 656
each July 1. The appointee designated by the President of the 657
Senate shall serve as initial chair. If the Governor, inst ead of 658
his or her designee, participates in the activities of the 659
direct-support organization task force, then the Governor shall 660
serve as chair. 661
(e)(5) The Secretary of Commerce Economic Opportunity , or 662
his or her designee, shall serve as the ex officio , nonvoting 663
executive director of the direct-support organization task 664
force. 665
(f) The executive director of the Department of Veterans' 666
Affairs and the Adjutant General of the Florida National Guard, 667
or their designees, shall serve as ex officio, nonvoti ng members 668
of the direct-support organization. 669
(g) Employees and appointed board members, in their 670
capacity of service to or on the board, are not public employees 671
for the purposes of chapter 110 or chapter 112, except that such 672
employees and appointed b oard members are subject to the 673
provisions of s. 112.061 related to reimbursement for travel and 674
per diem expenses incurred while performing their duties and 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
part III of chapter 112. Otherwise, each board member shall 676
serve without compensation. 677
(4)(6) The direct-support organization task force shall 678
submit an annual progress report and work plan to the Governor, 679
the President of the Senate, and the Speaker of the House of 680
Representatives each November 1, which may be submitted as a 681
supplement to the annu al report of the department required under 682
s. 20.60 February 1. 683
(5) The direct-support organization, in the performance of 684
its duties, may: 685
(a) Make and enter into contracts and assume such other 686
functions as are necessary to carry out the mission of t he 687
direct-support organization and its contract with the 688
department, provided that any such contracts and assumptions are 689
not inconsistent with this section or any other applicable 690
provision of law governing the direct -support organization. A 691
proposed contract with a total cost of $750,000 or more is 692
subject to the notice, review, and objection procedures of s. 693
216.177. If the chair and vice chair of the Legislative Budget 694
Commission, or the President of the Senate and the Speaker of 695
the House of Representa tives, timely advise the direct -support 696
organization in writing that such proposed contract is contrary 697
to legislative policy and intent, the direct -support 698
organization may not enter into such proposed contract. The 699
direct-support organization may not div ide one proposed contract 700
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with a total cost of $750,000 or more into multiple contracts to 701
circumvent the requirements of this paragraph. 702
(b) Establish grant programs and administer grant awards 703
to support its mission. The direct -support organization mus t 704
publicly adopt grant program guidelines and application 705
procedures and must publish such guidelines and application 706
procedures and any grant awards on the direct -support 707
organization's website. The direct -support organization may 708
assist the department as requested and necessary with any 709
statutorily established grants or other programs, but may not 710
administer such grants on behalf of the department. 711
(7) The department shall support the task force and 712
contract with the task force for expenditure of approp riated 713
funds, which may be used by the task force for economic and 714
product research and development, joint planning with host 715
communities to accommodate military missions and prevent base 716
encroachment, advocacy on the state's behalf with federal 717
civilian and military officials, assistance to school districts 718
in providing a smooth transition for large numbers of additional 719
military-related students, job training and placement for 720
military spouses in communities with high proportions of active 721
duty military personnel, and promotion of the state to military 722
and related contractors and employers. The task force may 723
(c) Annually spend up to $250,000 of funds appropriated to 724
the department for the direct-support organization task force 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for staffing and administrative expenses of the direct-support 726
organization task force, including travel and per diem costs 727
incurred by task force members who are not otherwise eligible 728
for state reimbursement . 729
(6) This section is repealed October 1, 202 9, unless 730
reviewed and saved from repeal by the Legislature. 731
Section 12. Paragraph (d) of subsection (5) and 732
subsections (7) and (8) of section 380.06, Florida Statutes, are 733
amended to read: 734
380.06 Developments of regional impact. — 735
(5) CREDITS AGAINST LOCAL IMPACT FEES. — 736
(d) 737
This subsection does not apply to internal, private onsite 738
facilities required by local regulations or to any offsite 739
facilities to the extent that such facilities are necessary to 740
provide safe and adequate services solely to the development and 741
not the general public . 742
(7) CHANGES.— 743
(a) Notwithstanding any provision to the contrary in any 744
development order, agreement, local comprehensive plan, or local 745
land development regulation, this section applies to all any 746
proposed changes change to a previously approved development of 747
regional impact. shall be reviewed by The local government must 748
base its review based on the standards and procedures in its 749
adopted local comprehensive plan and adopted local land 750
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development regulatio ns, including, but not limited to, 751
procedures for notice to the applicant and the public regarding 752
the issuance of development orders. However, a change to a 753
development of regional impact that has the effect of reducing 754
the originally approved height, den sity, or intensity of the 755
development or that changes only the location or acreage of uses 756
and infrastructure or exchanges permitted uses must be 757
administratively approved and is not subject to review by the 758
local government. The local government review of any proposed 759
change to a previously approved development of regional impact 760
and of any development order required to construct the 761
development set forth in the development of regional impact must 762
be reviewed by the local government based on the standards in 763
the local comprehensive plan at the time the development was 764
originally approved, and if the development would have been 765
consistent with the comprehensive plan in effect when the 766
development was originally approved, the local government may 767
approve the change. If the revised development is approved, the 768
developer may proceed as provided in s. 163.3167(5). For any 769
proposed change to a previously approved development of regional 770
impact, at least one public hearing must be held on the 771
application for change , and any change must be approved by the 772
local governing body before it becomes effective. The review 773
must abide by any prior agreements or other actions vesting the 774
laws and policies governing the development. Development within 775
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the previously approved de velopment of regional impact may 776
continue, as approved, during the review in portions of the 777
development which are not directly affected by the proposed 778
change. 779
(b) The local government shall either adopt an amendment 780
to the development order that approves the application, with or 781
without conditions, or deny the application for the proposed 782
change. Any new conditions in the amendment to the development 783
order issued by the local government may address only those 784
impacts directly created by the propos ed change, and must be 785
consistent with s. 163.3180(5) , the adopted comprehensive plan, 786
and adopted land development regulations . Changes to a phase 787
date, buildout date, expiration date, or termination date may 788
also extend any required mitigation associated with a phased 789
construction project so that mitigation takes place in the same 790
timeframe relative to the impacts as approved. 791
(c) This section is not intended to alter or otherwise 792
limit the extension, previously granted by statute, of a 793
commencement, buildout, phase, termination, or expiration date 794
in any development order for an approved development of regional 795
impact and any corresponding modification of a related permit or 796
agreement. Any such extension is not subject to review or 797
modification in any f uture amendment to a development order 798
pursuant to the adopted local comprehensive plan and adopted 799
local land development regulations. 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) Any proposed change to a previously approved 801
development of regional impact showing a dedicated multimodal 802
pathway suitable for bicycles, pedestrians, and low -speed 803
vehicles, as defined in s. 320.01(41), along any internal 804
roadway must be approved so long as the right -of-way remains 805
sufficient for the ultimate number of lanes of the internal 806
roadway. Any proposed chan ge to a previously approved 807
development of regional impact which proposes to substitute a 808
multimodal pathway suitable for bicycles, pedestrians, and low -809
speed vehicles, as defined in s. 320.01(41), in lieu of an 810
internal roadway must be approved if the cha nge does not result 811
in any roadway within or adjacent to the development of regional 812
impact falling below the local government's adopted level of 813
service and does not increase the original distribution of trips 814
on any roadway analyzed as part of the approv ed development of 815
regional impact by more than 20 percent. If the developer has 816
already dedicated right -of-way to the local government for the 817
proposed internal roadway as part of the approval of the 818
proposed change, the local government must return any in terest 819
it may have in the right -of-way to the developer. 820
(8) VESTED RIGHTS.—Nothing in this section shall limit or 821
modify the rights of any person to complete any development that 822
was authorized by registration of a subdivision pursuant to 823
former chapter 498, by recordation pursuant to local subdivision 824
plat law, or by a building permit or other authorization to 825
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commence development on which there has been reliance and a 826
change of position and which registration or recordation was 827
accomplished, or which p ermit or authorization was issued, prior 828
to July 1, 1973. If a developer has, by his or her actions in 829
reliance on prior regulations, obtained vested or other legal 830
rights that in law would have prevented a local government from 831
changing those regulations in a way adverse to the developer's 832
interests, nothing in this chapter authorizes any governmental 833
agency to abridge those rights. Consistent with s. 163.3167(5), 834
comprehensive plan policies and land development regulations 835
adopted after a development of r egional impact has vested do not 836
apply to proposed changes to an approved development of regional 837
impact or to development orders required to implement the 838
approved development of regional impact. 839
(a) For the purpose of determining the vesting of rights 840
under this subsection, approval pursuant to local subdivision 841
plat law, ordinances, or regulations of a subdivision plat by 842
formal vote of a county or municipal governmental body having 843
jurisdiction after August 1, 1967, and prior to July 1, 1973, is 844
sufficient to vest all property rights for the purposes of this 845
subsection; and no action in reliance on, or change of position 846
concerning, such local governmental approval is required for 847
vesting to take place. Anyone claiming vested rights under this 848
paragraph must notify the department in writing by January 1, 849
1986. Such notification shall include information adequate to 850
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document the rights established by this subsection. When such 851
notification requirements are met, in order for the vested 852
rights authorized pursuant to this paragraph to remain valid 853
after June 30, 1990, development of the vested plan must be 854
commenced prior to that date upon the property that the state 855
land planning agency has determined to have acquired vested 856
rights following the notificatio n or in a binding letter of 857
interpretation. When the notification requirements have not been 858
met, the vested rights authorized by this paragraph shall expire 859
June 30, 1986, unless development commenced prior to that date. 860
(b) For the purpose of this act, the conveyance of 861
property or compensation , or the agreement to convey , property 862
or compensation, to the county, state, or local government as a 863
prerequisite to zoning change approval shall be construed as an 864
act of reliance to vest rights as determined u nder this 865
subsection, provided such zoning change is actually granted by 866
such government. 867
Section 13. Paragraph (a) of subsection (3) of section 868
445.003, Florida Statutes, is amended to read: 869
445.003 Implementation of the federal Workforce Innovation 870
and Opportunity Act. — 871
(3) FUNDING.— 872
(a) Title I, Workforce Innovation and Opportunity Act 873
funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be 874
expended based on the 4 -year plan of the state board. The plan 875
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must outline and direct the method u sed to administer and 876
coordinate various funds and programs that are operated by 877
various agencies. The following provisions apply to these funds: 878
1. At least 50 percent of the Title I funds for Adults and 879
Dislocated Workers which are passed through to lo cal workforce 880
development boards shall be allocated to and expended on 881
Individual Training Accounts unless a local workforce 882
development board obtains a waiver from the state board. 883
Tuition, books, and fees of training providers and other 884
training services prescribed and authorized by the Workforce 885
Innovation and Opportunity Act qualify as Individual Training 886
Account expenditures. 887
2. Fifteen percent of Title I funding shall be retained at 888
the state level and dedicated to state administration and shall 889
be used to design, develop, induce, fund, and evaluate the long -890
term impact of innovative Individual Training Account pilots, 891
demonstrations, and programs to enable participants to attain 892
self-sufficiency and to evaluate the effectiveness of 893
performance-based contracts used by local workforce development 894
boards under s. 445.024(5) on increasing wages and employment 895
over the long term. Of such funds retained at the state level, 896
$2 million may be reserved for the Incumbent Worker Training 897
Program created under s ubparagraph 3. Eligible state 898
administration costs include the costs of funding for the state 899
board and state board staff; operating fiscal, compliance, and 900
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management accountability systems through the department; 901
conducting evaluation and research on wor kforce development 902
activities; and providing technical and capacity building 903
assistance to local workforce development areas at the direction 904
of the state board. Notwithstanding s. 445.004, such 905
administrative costs may not exceed 25 percent of these funds . 906
An amount not to exceed 75 percent of these funds shall be 907
allocated to Individual Training Accounts and other workforce 908
development strategies for other training designed and tailored 909
by the state board in consultation with the department, 910
including, but not limited to, programs for incumbent workers, 911
nontraditional employment, and enterprise zones. The state 912
board, in consultation with the department, shall design, adopt, 913
and fund Individual Training Accounts for distressed urban and 914
rural communities. 915
3. The Incumbent Worker Training Program is created for 916
the purpose of providing grant funding for continuing education 917
and training of incumbent employees at existing Florida 918
businesses. The program will provide reimbursement grants to 919
businesses that pay for preapproved, direct, training -related 920
costs. For purposes of this subparagraph, the term "businesses" 921
includes hospitals and health care facilities operated by 922
nonprofit or local government entities which provide nursing or 923
allied health care opportunities to acquire new or improved 924
skills. 925
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a. The Incumbent Worker Training Program will be 926
administered by CareerSource Florida, Inc., which may, at its 927
discretion, contract with a private business organization to 928
serve as grant administrator. 929
b. The program shall be administered under s. 134(d)(4) of 930
the Workforce Innovation and Opportunity Act. Funding priority 931
shall be given in the following order: 932
(I) Businesses that provide employees with opportunities 933
to acquire new or improved skills by earnin g a credential on the 934
Master Credentials List. 935
(II) Hospitals or health care facilities operated by 936
nonprofit or local government entities that provide nursing 937
opportunities in health care to acquire new or improved skills. 938
(III) Businesses whose grant proposals represent a 939
significant upgrade in employee skills. 940
(IV) Businesses with 25 employees or fewer, businesses in 941
rural areas, and businesses in distressed inner -city areas. 942
(V) Businesses in a qualified targeted industry or 943
businesses whose gra nt proposals represent a significant layoff 944
avoidance strategy. 945
c. All costs reimbursed by the program must be preapproved 946
by CareerSource Florida, Inc., or the grant administrator. The 947
program may not reimburse businesses for trainee wages, the 948
purchase of capital equipment, or the purchase of any item or 949
service that may possibly be used outside the training project. 950
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A business approved for a grant may be reimbursed for 951
preapproved, direct, training -related costs including tuition, 952
fees, books and train ing materials, and overhead or indirect 953
costs not to exceed 5 percent of the grant amount. 954
d. A business that is selected to receive grant funding 955
must provide a matching contribution to the training project, 956
including, but not limited to, wages paid to trainees or the 957
purchase of capital equipment used in the training project; must 958
sign an agreement with CareerSource Florida, Inc., or the grant 959
administrator to complete the training project as proposed in 960
the application; must keep accurate records of th e project's 961
implementation process; and must submit monthly or quarterly 962
reimbursement requests with required documentation. 963
e. All Incumbent Worker Training Program grant projects 964
shall be performance -based with specific measurable performance 965
outcomes, including completion of the training project and job 966
retention. CareerSource Florida, Inc., or the grant 967
administrator shall withhold the final payment to the grantee 968
until a final grant report is submitted and all performance 969
criteria specified in the gr ant contract have been achieved. 970
f. The state board may establish guidelines necessary to 971
implement the Incumbent Worker Training Program. 972
g. No more than 10 percent of the Incumbent Worker 973
Training Program's total appropriation may be used for overhea d 974
or indirect purposes. 975
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4. At least 50 percent of Rapid Response funding shall be 976
dedicated to Intensive Services Accounts and Individual Training 977
Accounts for dislocated workers and incumbent workers who are at 978
risk of dislocation. The department shall also maintain an 979
Emergency Preparedness Fund from Rapid Response funds, which 980
will immediately issue Intensive Service Accounts, Individual 981
Training Accounts, and other federally authorized assistance to 982
eligible victims of natural or other disasters. At t he direction 983
of the Governor, these Rapid Response funds shall be released to 984
local workforce development boards for immediate use after 985
events that qualify under federal law. Funding shall also be 986
dedicated to maintain a unit at the state level to respond to 987
Rapid Response emergencies and to work with state emergency 988
management officials and local workforce development boards. All 989
Rapid Response funds must be expended based on a plan developed 990
by the state board in consultation with the department and 991
approved by the Governor. 992
Section 14. Paragraph (a) of subsection (3) of section 993
445.004, Florida Statutes, is amended to read: 994
445.004 CareerSource Florida, Inc., and the state board; 995
creation; purpose; membership; duties and powers. — 996
(3)(a) Members of the state board described in Pub. L. No. 997
113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting 998
nonvoting members. The number of members is determined by the 999
Governor, who shall consider the importance of minority, gender, 1000
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and geographic representation in making appointments to the 1001
state board. When the Governor is in attendance, he or she shall 1002
preside at all meetings of the state board. 1003
Section 15. Section 720.406, Florida Statutes, is amended 1004
to read: 1005
720.406 Department of Commerce Economic Opportunity; 1006
submission; review and determination. — 1007
(1) Within No later than 60 days after obtaining valid 1008
written consent from a majority of the affected parcel owners, 1009
or within 60 days after the date the proposed revived 1010
declaration and other governin g documents are approved by the 1011
affected parcel owners by vote at a meeting , the organizing 1012
committee or its designee must submit the proposed revived 1013
governing documents and supporting materials to the Department 1014
of Commerce Economic Opportunity to review and determine whether 1015
to approve or disapprove of the proposal to preserve the 1016
residential community. The submission to the department must 1017
include: 1018
(a) The full text of the proposed revived declaration of 1019
covenants and articles of incorporation and byl aws of the 1020
homeowners' association .; 1021
(b) A verified copy of the previous declaration of 1022
covenants and other previous governing documents for the 1023
community, including any amendments thereto .; 1024
(c) The legal description of each parcel to be subject to 1025
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the revived declaration and other governing documents and a plat 1026
or other graphic depiction of the affected properties in the 1027
community.; 1028
(d) A verified copy of the written consents of the 1029
requisite number of the affected parcel owners approving the 1030
revived declaration and other governing documents or, if 1031
approval was obtained by a vote at a meeting of affected parcel 1032
owners, verified copies of the notice of the meeting, 1033
attendance, and voting results .; 1034
(e) An affidavit by a current or former officer of th e 1035
association or by a member of the organizing committee verifying 1036
that the requirements for the revived declaration set forth in 1037
s. 720.404 have been satisfied .; and 1038
(f) Such other documentation that the organizing committee 1039
believes is supportive of th e policy of preserving the 1040
residential community and operating, managing, and maintaining 1041
the infrastructure, aesthetic character, and common areas 1042
serving the residential community. 1043
(2) Within No later than 60 days after receiving the 1044
submission, the department must determine whether the proposed 1045
revived declaration of covenants and other governing documents 1046
comply with the requirements of this act. 1047
(a) If the department determines that the proposed revived 1048
declaration and other governing documents com ply with the act 1049
and have been approved by the parcel owners as required by this 1050
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act, the department shall notify the organizing committee in 1051
writing of its approval. 1052
(b) If the department determines that the proposed revived 1053
declaration and other govern ing documents do not comply with , 1054
this act or have not been approved as required by , this act, the 1055
department shall notify the organizing committee in writing that 1056
it does not approve the governing documents and shall state the 1057
reasons for the disapproval. 1058
Section 16. Effective upon becoming a law, the Department 1059
of Commerce may amend a loan agreement executed before February 1060
1, 2024, and made pursuant to s. 288.066, Florida Statutes, in 1061
order to increase the loan term to a total of 10 years from the 1062
original date of execution, as authorized by this act, upon 1063
request of the local government and as determined by the 1064
department to be in the best interests of the state. 1065
Section 17. Except as otherwise expressly provided in this 1066
act and except for this s ection, which shall take effect upon 1067
this act becoming a law, this act shall take effect July 1, 1068
2024. 1069