Florida Senate - 2024 SB 1420 By Senator Burgess 23-00481B-24 20241420__ 1 A bill to be entitled 2 An act relating to the Department of Commerce; 3 amending s. 163.3175, F.S.; conforming a provision to 4 changes made by the act; amending s. 163.3184, F.S.; 5 revising the procedure for adopting comprehensive plan 6 amendments; providing that amendments are deemed 7 withdrawn if the local government fails to transmit 8 the comprehensive plan amendments to the department, 9 in its role as the state land planning agency, within 10 a certain time period; amending s. 288.1229, F.S.; 11 revising the duties of the Florida Sports Foundation; 12 amending ss. 288.980 and 288.985, F.S.; conforming 13 provisions to changes made by the act; amending s. 14 288.987, F.S.; requiring the department to establish a 15 direct-support organization; renaming the Florida 16 Defense Support Task Force as the direct-support 17 organization; specifying that the organization is a 18 direct-support organization of the department and a 19 corporation not for profit; requiring the organization 20 to operate under contract with the department; 21 specifying requirements for such contract; specifying 22 the organizations fiscal year; specifying audit 23 requirements applicable to the organization; 24 authorizing the organization to take certain actions 25 regarding administration of property and expenditures; 26 specifying that the organization is not an agency for 27 purposes of specified provisions of law; authorizing 28 the department to allow the organization to use 29 certain departmental resources, if certain conditions 30 are met; revising the mission of the organization; 31 modifying provisions governing the composition of the 32 organization; revising the date by which the 33 organizations annual report is due; providing certain 34 powers and duties of the organization, subject to 35 certain requirements and limitations; providing for 36 future repeal; amending s. 445.003, F.S.; revising the 37 definition of the term businesses; revising funding 38 priority for purposes of funding grants under the 39 Incumbent Worker Training Program; amending s. 40 445.004, F.S.; specifying that certain members of the 41 state workforce development board are voting members 42 of the board; amending s. 695.03, F.S.; authorizing 43 the Secretary of Commerce to appoint commissioners of 44 deeds; amending s. 720.406, F.S.; specifying required 45 actions for a proposed revived declaration and other 46 governing documents; making technical changes; 47 amending s. 721.97, F.S.; conforming provisions to 48 changes made by the act; providing an effective date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1.Subsection (3) of section 163.3175, Florida 53 Statutes, is amended to read: 54 163.3175Legislative findings on compatibility of 55 development with military installations; exchange of information 56 between local governments and military installations. 57 (3)The direct-support organization created in s. 288.987 58 Florida Defense Support Task Force may recommend to the 59 Legislature changes to the military installations and local 60 governments specified in subsection (2) based on a military 61 bases potential for impacts from encroachment, and incompatible 62 land uses and development. 63 Section 2.Paragraph (c) of subsection (3) and paragraph 64 (e) of subsection (4) of section 163.3184, Florida Statutes, are 65 amended to read: 66 163.3184Process for adoption of comprehensive plan or plan 67 amendment. 68 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 69 COMPREHENSIVE PLAN AMENDMENTS. 70 (c)1.The local government shall hold a its second public 71 hearing, which shall be a hearing on whether to adopt one or 72 more comprehensive plan amendments pursuant to subsection (11). 73 If the local government fails, within 180 days after receipt of 74 agency comments, to hold the second public hearing, and to adopt 75 the comprehensive plan amendments, the amendments are shall be 76 deemed withdrawn unless extended by agreement with notice to the 77 state land planning agency and any affected person that provided 78 comments on the amendment. The 180-day limitation does not apply 79 to amendments processed pursuant to s. 380.06. 80 2.All comprehensive plan amendments adopted by the 81 governing body, along with the supporting data and analysis, 82 shall be transmitted within 10 working days after the final 83 adoption second public hearing to the state land planning agency 84 and any other agency or local government that provided timely 85 comments under subparagraph (b)2. If the local government fails 86 to transmit the comprehensive plan amendments within 10 working 87 days after the final adoption hearing, the amendments are deemed 88 withdrawn. 89 3.The state land planning agency shall notify the local 90 government of any deficiencies within 5 working days after 91 receipt of an amendment package. For purposes of completeness, 92 an amendment shall be deemed complete if it contains a full, 93 executed copy of: 94 a.The adoption ordinance or ordinances; 95 b.In the case of a text amendment, a full copy of the 96 amended language in legislative format with new words inserted 97 in the text underlined, and words deleted stricken with hyphens; 98 c.In the case of a future land use map amendment, a copy 99 of the future land use map clearly depicting the parcel, its 100 existing future land use designation, and its adopted 101 designation; and 102 d.a copy of Any data and analyses the local government 103 deems appropriate. 104 4.An amendment adopted under this paragraph does not 105 become effective until 31 days after the state land planning 106 agency notifies the local government that the plan amendment 107 package is complete. If timely challenged, an amendment does not 108 become effective until the state land planning agency or the 109 Administration Commission enters a final order determining the 110 adopted amendment to be in compliance. 111 (4)STATE COORDINATED REVIEW PROCESS. 112 (e)Local government review of comments; adoption of plan 113 or amendments and transmittal. 114 1.The local government shall review the report submitted 115 to it by the state land planning agency, if any, and written 116 comments submitted to it by any other person, agency, or 117 government. The local government shall, upon receipt of the 118 report from the state land planning agency, shall hold its 119 second public hearing, which shall be a hearing to determine 120 whether to adopt the comprehensive plan or one or more 121 comprehensive plan amendments pursuant to subsection (11). If 122 the local government fails to hold the second hearing and adopt 123 the amendments within 180 days after receipt of the state land 124 planning agencys report, the amendments shall be deemed 125 withdrawn unless extended by agreement with notice to the state 126 land planning agency and any affected person that provided 127 comments on the amendment. The 180-day limitation does not apply 128 to amendments processed pursuant to s. 380.06. 129 2.All comprehensive plan amendments adopted by the 130 governing body, along with the supporting data and analysis, 131 shall be transmitted within 10 working days after the final 132 adoption second public hearing to the state land planning agency 133 and any other agency or local government that provided timely 134 comments under paragraph (c). If the local government fails to 135 transmit the comprehensive plan amendments within 10 working 136 days after the final adoption hearing, the amendments are deemed 137 withdrawn. 138 3.The state land planning agency shall notify the local 139 government of any deficiencies within 5 working days after 140 receipt of a plan or plan amendment package. For purposes of 141 completeness, a plan or plan amendment shall be deemed complete 142 if it contains a full, executed copy of each of the following: 143 a.The adoption ordinance or ordinances; 144 b.In the case of a text amendment, a full copy of the 145 amended language in legislative format with new words inserted 146 in the text underlined, and words deleted stricken with hyphens; 147 c.In the case of a future land use map amendment, a copy 148 of the future land use map clearly depicting the parcel, its 149 existing future land use designation, and its adopted 150 designation; and 151 d.a copy of Any data and analyses the local government 152 deems appropriate. 153 4.After the state land planning agency makes a 154 determination of completeness regarding the adopted plan or plan 155 amendment, the state land planning agency shall have 45 days to 156 determine whether if the plan or plan amendment is in compliance 157 with this act. Unless the plan or plan amendment is 158 substantially changed from the one commented on, the state land 159 planning agencys compliance determination shall be limited to 160 objections raised in the objections, recommendations, and 161 comments report. During the period provided for in this 162 subparagraph, the state land planning agency shall issue, 163 through a senior administrator or the secretary, a notice of 164 intent to find that the plan or plan amendment is in compliance 165 or not in compliance. The state land planning agency shall post 166 a copy of the notice of intent on the agencys Internet website. 167 Publication by the state land planning agency of the notice of 168 intent on the state land planning agencys Internet site is 169 shall be prima facie evidence of compliance with the publication 170 requirements of this subparagraph. 171 5.A plan or plan amendment adopted under the state 172 coordinated review process shall go into effect pursuant to the 173 state land planning agencys notice of intent. If timely 174 challenged, an amendment does not become effective until the 175 state land planning agency or the Administration Commission 176 enters a final order determining the adopted amendment to be in 177 compliance. 178 Section 3.Paragraph (g) of subsection (7) of section 179 288.1229, Florida Statutes, is amended to read: 180 288.1229Promotion and development of sports-related 181 industries and amateur athletics; direct-support organization 182 established; powers and duties. 183 (7)To promote amateur sports and physical fitness, the 184 foundation shall: 185 (g)Continue the successful amateur sports programs 186 previously conducted by the Florida Governors Council on 187 Physical Fitness and Amateur Sports created under former s. 188 14.22. 189 Section 4.Paragraph (b) of subsection (2) of section 190 288.980, Florida Statutes, is amended to read: 191 288.980Military base retention; legislative intent; grants 192 program. 193 (2) 194 (b)1.The department shall, annually by October 1, request 195 military installations in this the state to provide the 196 department with a list of base buffering encroachment lands for 197 fee simple or less-than-fee simple acquisitions before October 198 1. 199 2.The department shall submit the list of base buffering 200 encroachment lands to the direct-support organization Florida 201 Defense Support Task Force created in s. 288.987. 202 3.The direct-support organization created in s. 288.987 203 Florida Defense Support Task Force shall, annually by December 204 1, review the list of base buffering encroachment lands 205 submitted by the military installations and provide its 206 recommendations for ranking the lands for acquisition to the 207 department. 208 4.The department shall annually submit the list of base 209 buffering encroachment lands provided by the direct-support 210 organization created in s. 288.987 Florida Defense Support Task 211 Force to the Board of Trustees of the Internal Improvement Trust 212 Fund, which may acquire the lands pursuant to s. 253.025. At a 213 minimum, the annual list must contain all of the following for 214 each recommended land acquisition: 215 a.A legal description of the land and its property 216 identification number.; 217 b.A detailed map of the land.; and 218 c.A management and monitoring agreement to ensure the land 219 serves a base buffering purpose. 220 Section 5.Subsection (1) and paragraph (a) of subsection 221 (2) of section 288.985, Florida Statutes, are amended to read: 222 288.985Exemptions from public records and public meetings 223 requirements. 224 (1)The following records held by the direct-support 225 organization created in s. 288.987 Florida Defense Support Task 226 Force are exempt from s. 119.07(1) and s. 24(a), Art. I of the 227 State Constitution: 228 (a)That portion of a record which relates to strengths and 229 weaknesses of military installations or military missions in 230 this state relative to the selection criteria for the 231 realignment and closure of military bases and missions under any 232 United States Department of Defense base realignment and closure 233 process. 234 (b)That portion of a record which relates to strengths and 235 weaknesses of military installations or military missions in 236 other states or territories and the vulnerability of such 237 installations or missions to base realignment or closure under 238 the United States Department of Defense base realignment and 239 closure process, and any agreements or proposals to relocate or 240 realign military units and missions from other states or 241 territories. 242 (c)That portion of a record which relates to the states 243 strategy to retain its military bases during any United States 244 Department of Defense base realignment and closure process and 245 any agreements or proposals to relocate or realign military 246 units and missions. 247 (2)(a)Meetings or portions of meetings of the direct 248 support organization created in s. 288.987 Florida Defense 249 Support Task Force, or a workgroup of the direct-support 250 organization task force, at which records are presented or 251 discussed that are exempt under subsection (1) are exempt from 252 s. 286.011 and s. 24(b), Art. I of the State Constitution. 253 Section 6.Section 288.987, Florida Statutes, is amended to 254 read: 255 288.987Florida Defense Support Task Force. 256 (1)The Department of Commerce shall establish a direct 257 support organization to support Floridas military and defense 258 industries and communities The Florida Defense Support Task 259 Force is created. 260 (a)The direct-support organization is a corporation not 261 for profit, as defined in s. 501(c)(3) of the Internal Revenue 262 Code, which is incorporated under chapter 617 and approved by 263 the Department of State. The direct-support organization is 264 exempt from paying filing fees under chapter 617. 265 (b)The direct-support organization shall operate under 266 contract with the department. The contract must provide that: 267 1.The department may review the direct-support 268 organizations articles of incorporation. 269 2.The direct-support organization shall submit an annual 270 budget proposal to the department, on a form provided by the 271 department, in accordance with department procedures for filing 272 budget proposals based on recommendations of the department. 273 3.Any funds that the direct-support organization holds in 274 trust must revert to the state upon the expiration or 275 cancellation of the contract. 276 4.The direct-support organization is subject to an annual 277 financial and performance review by the department to determine 278 whether the direct-support organization is complying with the 279 terms of the contract and is acting in a manner consistent with 280 the goals of the department and in the best interest of the 281 state. 282 (c)The fiscal year of the direct-support organization 283 begins on July 1 and ends on June 30 of the next succeeding 284 year. 285 (d)The direct-support organization shall provide an annual 286 financial audit in accordance with s. 215.981. 287 (e)The direct-support organization is not an agency for 288 purposes of parts I, II, and IV-VIII of chapter 112; chapter 289 120; s. 215.31; chapter 216; ss. 255.21, 255.25, and 255.254, 290 relating to leasing of buildings; ss. 283.33 and 283.35, 291 relating to bids for printing; and chapter 287. However, the 292 direct-support organization shall comply with the per diem and 293 travel expense provisions of s. 112.061. 294 (f)Subject to the approval of the Secretary of Commerce, 295 the department may allow the direct-support organization to use 296 the property, facilities, personnel, and services of the 297 department if the direct-support organization provides equal 298 employment opportunities to all persons regardless of race, 299 color, religion, sex, or national origin. 300 (2)The mission of the direct-support organization task 301 force is to carry out the provisions of this section, to make 302 recommendations to preserve and protect military installations, 303 to assist with the coordination of economic and workforce 304 development efforts in military communities, to assist in the 305 planning and research and development related to military 306 missions, businesses, and military families to support the 307 states position in research and development related to or 308 arising out of military missions and contracting, and to improve 309 the states military-friendly environment for servicemembers, 310 military dependents, military retirees, and businesses that 311 bring military and base-related jobs to the state. The direct 312 support organization is organized and operated to request, 313 receive, hold, invest, and administer property and to manage and 314 make expenditures for the operation of the activities, services, 315 functions, and programs of this state for economic and product 316 research and development, joint planning with host communities 317 to accommodate military missions and prevent base encroachment, 318 advocacy on the states behalf with federal civilian and 319 military officials, assistance to school districts in providing 320 a smooth transition for large numbers of additional military 321 related students, job training and placement for military 322 spouses in communities with high proportions of active duty 323 military personnel, and promotion of the state to military and 324 related contractors and employers. 325 (3)The direct-support organization shall be governed by a 326 board of directors. 327 (a)The board of directors is composed of the Governor, or 328 his or her designee, and the following members task force shall 329 be comprised of the Governor or his or her designee, and 12 330 members appointed as follows: 331 1.(a)Four members appointed by the Governor. 332 2.(b)Four members appointed by the President of the 333 Senate. 334 3.(c)Four members appointed by the Speaker of the House of 335 Representatives. 336 (b)(d)Appointed members must represent defense-related 337 industries or communities that host military bases and 338 installations. All appointments in place as of July 1, 2024, 339 must continue in effect until the expiration of the term must be 340 made by August 1, 2011. Members shall serve for a term of 4 341 years, with the first term ending July 1, 2015. However, if 342 members of the Legislature are appointed to the direct-support 343 organization task force, those members shall serve until the 344 expiration of their legislative term and may be reappointed 345 once. A vacancy shall be filled for the remainder of the 346 unexpired term in the same manner as the initial appointment. 347 All members of the council are eligible for reappointment. A 348 member who serves in the Legislature may participate in all 349 direct-support organization task force activities but may only 350 vote on matters that are advisory. 351 (c)(4)The President of the Senate and the Speaker of the 352 House of Representatives shall each designate one of their 353 appointees to serve as chair of the direct-support organization 354 task force. The chair shall serve a 2-year term, rotating on 355 rotate each July 1 of each odd-numbered year. The appointee 356 designated by the President of the Senate shall serve as initial 357 chair. If the Governor, instead of his or her designee, 358 participates in the activities of the direct-support 359 organization task force, then the Governor shall serve as chair. 360 (d)(5)The Secretary of Commerce Economic Opportunity, or 361 his or her designee, shall serve as the ex officio, nonvoting 362 executive director of the direct-support organization task 363 force. 364 (4)(6)The direct-support organization task force shall 365 submit an annual progress report and work plan to the Governor, 366 the President of the Senate, and the Speaker of the House of 367 Representatives each December February 1. 368 (5)The direct-support organization, in the performance of 369 its duties, may: 370 (a)Make and enter into contracts and assume such other 371 functions as are necessary to carry out the mission of the 372 direct-support organization and its contract with the 373 department, provided that any such contracts and assumptions are 374 not inconsistent with this section or any other applicable 375 provision of law governing the direct-support organization. A 376 proposed contract with a total cost of $750,000 or more is 377 subject to the notice, review, and objection procedures of s. 378 216.177. If the chair and vice chair of the Legislative Budget 379 Commission, or the President of the Senate and the Speaker of 380 the House of Representatives, timely advise the direct-support 381 organization in writing that such proposed contract is contrary 382 to legislative policy and intent, the direct-support 383 organization may not enter into such proposed contract. The 384 direct-support organization may not divide one proposed contract 385 with a total cost of $750,000 or more into multiple contracts to 386 circumvent the requirements of this paragraph. 387 (b)Establish grant programs and administer grant awards to 388 support its mission. 389 (7)The department shall support the task force and 390 contract with the task force for expenditure of appropriated 391 funds, which may be used by the task force for economic and 392 product research and development, joint planning with host 393 communities to accommodate military missions and prevent base 394 encroachment, advocacy on the states behalf with federal 395 civilian and military officials, assistance to school districts 396 in providing a smooth transition for large numbers of additional 397 military-related students, job training and placement for 398 military spouses in communities with high proportions of active 399 duty military personnel, and promotion of the state to military 400 and related contractors and employers. The task force may 401 (c)Annually spend up to $250,000 of funds appropriated to 402 the department for the direct-support organization task force 403 for staffing and administrative expenses of the direct-support 404 organization task force, including travel and per diem costs 405 incurred by direct-support organization task force members who 406 are not otherwise eligible for state reimbursement. 407 (6)This section is repealed October 1, 2029, unless 408 reviewed and saved from repeal by the Legislature. 409 Section 7.Paragraph (a) of subsection (3) of section 410 445.003, Florida Statutes, is amended to read: 411 445.003Implementation of the federal Workforce Innovation 412 and Opportunity Act. 413 (3)FUNDING. 414 (a)Title I, Workforce Innovation and Opportunity Act 415 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be 416 expended based on the 4-year plan of the state board. The plan 417 must outline and direct the method used to administer and 418 coordinate various funds and programs that are operated by 419 various agencies. The following provisions apply to these funds: 420 1.At least 50 percent of the Title I funds for Adults and 421 Dislocated Workers which are passed through to local workforce 422 development boards shall be allocated to and expended on 423 Individual Training Accounts unless a local workforce 424 development board obtains a waiver from the state board. 425 Tuition, books, and fees of training providers and other 426 training services prescribed and authorized by the Workforce 427 Innovation and Opportunity Act qualify as Individual Training 428 Account expenditures. 429 2.Fifteen percent of Title I funding shall be retained at 430 the state level and dedicated to state administration and shall 431 be used to design, develop, induce, fund, and evaluate the long 432 term impact of innovative Individual Training Account pilots, 433 demonstrations, and programs to enable participants to attain 434 self-sufficiency and to evaluate the effectiveness of 435 performance-based contracts used by local workforce development 436 boards under s. 445.024(5) on increasing wages and employment 437 over the long term. Of such funds retained at the state level, 438 $2 million may be reserved for the Incumbent Worker Training 439 Program created under subparagraph 3. Eligible state 440 administration costs include the costs of funding for the state 441 board and state board staff; operating fiscal, compliance, and 442 management accountability systems through the department; 443 conducting evaluation and research on workforce development 444 activities; and providing technical and capacity building 445 assistance to local workforce development areas at the direction 446 of the state board. Notwithstanding s. 445.004, such 447 administrative costs may not exceed 25 percent of these funds. 448 An amount not to exceed 75 percent of these funds shall be 449 allocated to Individual Training Accounts and other workforce 450 development strategies for other training designed and tailored 451 by the state board in consultation with the department, 452 including, but not limited to, programs for incumbent workers, 453 nontraditional employment, and enterprise zones. The state 454 board, in consultation with the department, shall design, adopt, 455 and fund Individual Training Accounts for distressed urban and 456 rural communities. 457 3.The Incumbent Worker Training Program is created for the 458 purpose of providing grant funding for continuing education and 459 training of incumbent employees at existing Florida businesses. 460 The program will provide reimbursement grants to businesses that 461 pay for preapproved, direct, training-related costs. For 462 purposes of this subparagraph, the term businesses includes 463 hospitals and health care facilities operated by nonprofit or 464 local government entities which provide nursing or allied health 465 care opportunities to acquire new or improved skills. 466 a.The Incumbent Worker Training Program will be 467 administered by CareerSource Florida, Inc., which may, at its 468 discretion, contract with a private business organization to 469 serve as grant administrator. 470 b.The program shall be administered under s. 134(d)(4) of 471 the Workforce Innovation and Opportunity Act. Funding priority 472 shall be given in the following order: 473 (I)Businesses that provide employees with opportunities to 474 acquire new or improved skills by earning a credential on the 475 Master Credentials List. 476 (II)Hospitals or health care facilities operated by 477 nonprofit or local government entities that provide nursing 478 opportunities in health care to acquire new or improved skills. 479 (III)Businesses whose grant proposals represent a 480 significant upgrade in employee skills. 481 (IV)Businesses with 25 employees or fewer, businesses in 482 rural areas, and businesses in distressed inner-city areas. 483 (V)Businesses in a qualified targeted industry or 484 businesses whose grant proposals represent a significant layoff 485 avoidance strategy. 486 c.All costs reimbursed by the program must be preapproved 487 by CareerSource Florida, Inc., or the grant administrator. The 488 program may not reimburse businesses for trainee wages, the 489 purchase of capital equipment, or the purchase of any item or 490 service that may possibly be used outside the training project. 491 A business approved for a grant may be reimbursed for 492 preapproved, direct, training-related costs including tuition, 493 fees, books and training materials, and overhead or indirect 494 costs not to exceed 5 percent of the grant amount. 495 d.A business that is selected to receive grant funding 496 must provide a matching contribution to the training project, 497 including, but not limited to, wages paid to trainees or the 498 purchase of capital equipment used in the training project; must 499 sign an agreement with CareerSource Florida, Inc., or the grant 500 administrator to complete the training project as proposed in 501 the application; must keep accurate records of the projects 502 implementation process; and must submit monthly or quarterly 503 reimbursement requests with required documentation. 504 e.All Incumbent Worker Training Program grant projects 505 shall be performance-based with specific measurable performance 506 outcomes, including completion of the training project and job 507 retention. CareerSource Florida, Inc., or the grant 508 administrator shall withhold the final payment to the grantee 509 until a final grant report is submitted and all performance 510 criteria specified in the grant contract have been achieved. 511 f.The state board may establish guidelines necessary to 512 implement the Incumbent Worker Training Program. 513 g.No more than 10 percent of the Incumbent Worker Training 514 Programs total appropriation may be used for overhead or 515 indirect purposes. 516 4.At least 50 percent of Rapid Response funding shall be 517 dedicated to Intensive Services Accounts and Individual Training 518 Accounts for dislocated workers and incumbent workers who are at 519 risk of dislocation. The department shall also maintain an 520 Emergency Preparedness Fund from Rapid Response funds, which 521 will immediately issue Intensive Service Accounts, Individual 522 Training Accounts, and other federally authorized assistance to 523 eligible victims of natural or other disasters. At the direction 524 of the Governor, these Rapid Response funds shall be released to 525 local workforce development boards for immediate use after 526 events that qualify under federal law. Funding shall also be 527 dedicated to maintain a unit at the state level to respond to 528 Rapid Response emergencies and to work with state emergency 529 management officials and local workforce development boards. All 530 Rapid Response funds must be expended based on a plan developed 531 by the state board in consultation with the department and 532 approved by the Governor. 533 Section 8.Paragraph (a) of subsection (3) of section 534 445.004, Florida Statutes, is amended to read: 535 445.004CareerSource Florida, Inc., and the state board; 536 creation; purpose; membership; duties and powers. 537 (3)(a)Members of the state board described in Pub. L. No. 538 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting 539 nonvoting members. The number of members is determined by the 540 Governor, who shall consider the importance of minority, gender, 541 and geographic representation in making appointments to the 542 state board. When the Governor is in attendance, he or she shall 543 preside at all meetings of the state board. 544 Section 9.Subsections (2) and (3) of section 695.03, 545 Florida Statutes, are amended to read: 546 695.03Acknowledgment and proof; validation of certain 547 acknowledgments; legalization or authentication before foreign 548 officials.To entitle any instrument concerning real property to 549 be recorded, the execution must be acknowledged by the party 550 executing it, proved by a subscribing witness to it, or 551 legalized or authenticated in one of the following forms: 552 (2)OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.An 553 acknowledgment or a proof taken, administered, or made outside 554 of this state but within the United States may be taken, 555 administered, or made by or before a civil-law notary of this 556 state or a commissioner of deeds appointed by the Secretary of 557 Commerce Governor of this state; by a judge or clerk of any 558 court of the United States or of any state, territory, or 559 district; by or before a United States commissioner or 560 magistrate; or by or before any notary public, justice of the 561 peace, master in chancery, or registrar or recorder of deeds of 562 any state, territory, or district having a seal, and the 563 certificate of acknowledgment or proof must be under the seal of 564 the court or officer, as the case may be. If the acknowledgment 565 or proof is taken, administered, or made by or before a notary 566 public who does not affix a seal, it is sufficient for the 567 notary public to type, print, or write by hand on the 568 instrument, I am a Notary Public of the State of ...(state)..., 569 and my commission expires on ...(date).... 570 (3)OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN 571 COUNTRIES.An acknowledgment, an affidavit, an oath, a 572 legalization, an authentication, or a proof taken, administered, 573 or made outside the United States or in a foreign country may be 574 taken, administered, or made by or before a commissioner of 575 deeds appointed by the Secretary of Commerce Governor of this 576 state to act in such country; before a notary public of such 577 foreign country or a civil-law notary of this state or of such 578 foreign country who has an official seal; before an ambassador, 579 envoy extraordinary, minister plenipotentiary, minister, 580 commissioner, charge daffaires, consul general, consul, vice 581 consul, consular agent, or other diplomatic or consular officer 582 of the United States appointed to reside in such country; or 583 before a military or naval officer authorized by 10 U.S.C. s. 584 1044a to perform the duties of notary public, and the 585 certificate of acknowledgment, legalization, authentication, or 586 proof must be under the seal of the officer. A certificate 587 legalizing or authenticating the signature of a person executing 588 an instrument concerning real property and to which a civil-law 589 notary or notary public of that country has affixed her or his 590 official seal is sufficient as an acknowledgment. For the 591 purposes of this section, the term civil-law notary means a 592 civil-law notary as defined in chapter 118 or an official of a 593 foreign country who has an official seal and who is authorized 594 to make legal or lawful the execution of any document in that 595 jurisdiction, in which jurisdiction the affixing of her or his 596 official seal is deemed proof of the execution of the document 597 or deed in full compliance with the laws of that jurisdiction. 598 Section 10.Section 720.406, Florida Statutes, is amended 599 to read: 600 720.406Department of Commerce Economic Opportunity; 601 submission; review and determination. 602 (1)Within No later than 60 days after obtaining valid 603 written consent from a majority of the affected parcel owners, 604 or within 60 days after the date the proposed revived 605 declaration and other governing documents are approved by the 606 affected parcel owners by vote at a meeting, the organizing 607 committee or its designee must submit the proposed revived 608 governing documents and supporting materials to the Department 609 of Commerce Economic Opportunity to review and determine whether 610 to approve or disapprove of the proposal to preserve the 611 residential community. The submission to the department must 612 include: 613 (a)The full text of the proposed revived declaration of 614 covenants and articles of incorporation and bylaws of the 615 homeowners association.; 616 (b)A verified copy of the previous declaration of 617 covenants and other previous governing documents for the 618 community, including any amendments thereto.; 619 (c)The legal description of each parcel to be subject to 620 the revived declaration and other governing documents and a plat 621 or other graphic depiction of the affected properties in the 622 community.; 623 (d)A verified copy of the written consents of the 624 requisite number of the affected parcel owners approving the 625 revived declaration and other governing documents or, if 626 approval was obtained by a vote at a meeting of affected parcel 627 owners, verified copies of the notice of the meeting, 628 attendance, and voting results.; 629 (e)An affidavit by a current or former officer of the 630 association or by a member of the organizing committee verifying 631 that the requirements for the revived declaration set forth in 632 s. 720.404 have been satisfied.; and 633 (f)Such other documentation that the organizing committee 634 believes is supportive of the policy of preserving the 635 residential community and operating, managing, and maintaining 636 the infrastructure, aesthetic character, and common areas 637 serving the residential community. 638 (2)Within No later than 60 days after receiving the 639 submission, the department must determine whether the proposed 640 revived declaration of covenants and other governing documents 641 comply with the requirements of this act. 642 (a)If the department determines that the proposed revived 643 declaration and other governing documents comply with the act 644 and have been approved by the parcel owners as required by this 645 act, the department shall notify the organizing committee in 646 writing of its approval. 647 (b)If the department determines that the proposed revived 648 declaration and other governing documents do not comply with, 649 this act or have not been approved as required by, this act, the 650 department shall notify the organizing committee in writing that 651 it does not approve the governing documents and shall state the 652 reasons for the disapproval. 653 Section 11.Subsection (1) of section 721.97, Florida 654 Statutes, is amended to read: 655 721.97Timeshare commissioner of deeds. 656 (1)The Secretary of Commerce Governor may appoint 657 commissioners of deeds to take acknowledgments, proofs of 658 execution, or oaths in any foreign country, in international 659 waters, or in any possession, territory, or commonwealth of the 660 United States outside the 50 states. The term of office is 4 661 years. Commissioners of deeds shall have authority to take 662 acknowledgments, proofs of execution, and oaths in connection 663 with the execution of any deed, mortgage, deed of trust, 664 contract, power of attorney, or any other writing to be used or 665 recorded in connection with a timeshare estate, personal 666 property timeshare interest, timeshare license, any property 667 subject to a timeshare plan, or the operation of a timeshare 668 plan located within this state; provided such instrument or 669 writing is executed outside the United States. Such 670 acknowledgments, proofs of execution, and oaths must be taken or 671 made in the manner directed by the laws of this state, 672 including, but not limited to, s. 117.05(4), (5)(a), and (6), 673 Florida Statutes 1997, and certified by a commissioner of deeds. 674 The certification must be endorsed on or annexed to the 675 instrument or writing aforesaid and has the same effect as if 676 made or taken by a notary public licensed in this state. 677 Section 12.This act shall take effect July 1, 2024.