Florida 2025 Regular Session

Florida House Bill H1125 Latest Draft

Bill / Introduced Version Filed 02/26/2025

                               
 
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A bill to be entitled 1 
An act relating to regional planning and economic 2 
development; amending s. 20.60, F.S.; revising 3 
provisions relating to the creation of the Department 4 
of Commerce and its powers and duties; establishing 5 
the Office of Secure Florida within the department fo r 6 
specified purposes; amending s. 187.201, F.S.; 7 
revising economic policies of the state comprehensive 8 
plan to promote entrepreneurship from certain business 9 
startups; amending s. 120.52, F.S.; revising 10 
definitions; reenacting s. 57.111(3)(f), F.S., 11 
relating to civil actions and administrative 12 
proceedings initiated by state agencies; reenacting s. 13 
216.241(3), F.S., relating to expenditure of certain 14 
revenues; amending s. 212.08, F.S.; removing a 15 
provision prohibiting the issuance of a temporary tax 16 
exemption certificate after a specified date; amending 17 
s. 253.025, F.S.; providing applicability; amending s. 18 
288.001, F.S.; revising the composition of the 19 
statewide advisory board of the Florida Small Business 20 
Development Center Network; amending s. 288.0065, 21 
F.S.; revising the content requirements of the 22 
department's annual incentives report; amending s. 23 
288.0656, F.S.; revising definitions relating to the 24 
Rural Economic Development Initiative; requiring the 25     
 
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designation of a certain representative by a specified 26 
date; creating s. 288.06562, F.S.; creating the Rural 27 
Accelerator Program within the department for a 28 
specified purpose; requiring that the department 29 
accept grant applications from rural communities and 30 
collaborate with the Florida Regional Economic 31 
Development Association in review of such 32 
applications; requiring funds to be appropriated from 33 
the Rural Infrastructure Fund for specified purposes; 34 
authorizing grant recipient reimbursement in certain 35 
instances; authorizing the department to adopt rules; 36 
defining the terms "rural community" and "catalyst 37 
site"; amending s. 288.1229, F.S.; revising 38 
composition requirements of the Florida Sports 39 
Foundation; amending s. 288.124, F.S.; revising 40 
provisions relating to the convention grants program 41 
established by the Florida Tourism Industry Marketing 42 
Corporation; providing a directive to the Division of 43 
Law Revision; amending s. 288.702, F.S.; revising a 44 
short title; amending s. 288.703, F.S.; defining the 45 
term "business enterprise in an economically 46 
disadvantaged area"; revising definitions; amending s. 47 
288.705, F.S.; revising provisions relating to the use 48 
of the statewide contracts register and who the Small 49 
Business Development Center is required to coordinate 50     
 
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with regarding such use; revising report requirement s;  51 
repealing s. 288.706, F.S., relating to the Florida 52 
Minority Business Loan Mobilization Program; revising 53 
legislative findings; repealing ss. 288.7094, 54 
288.7102, 288.71025, 288.7103, and 288.714, F.S., 55 
relating to the Black Business Loan Program; amend ing 56 
s. 288.776, F.S.; revising composition requirements 57 
for the board of directors of the Florida Export 58 
Finance Corporation; creating s. 288.9628, F.S.; 59 
providing legislative findings; establishing within 60 
the Department of Commerce the Research, Innovatio n, 61 
Science, and Engineering Investment Tax Credit 62 
Program; providing the purpose of the program; 63 
requiring the department to coordinate with the State 64 
Board of Administration in implementing the program; 65 
providing definitions; providing for the application 66 
process; establishing content requirements of 67 
application; requiring applicants to update their 68 
applications; establishing funding limitations under 69 
the program; listing eligibility and application 70 
requirements for a qualifying private fund; providing 71 
a funding limitation for a qualifying private fund; 72 
authorizing the Department of Revenue to issue tax 73 
credits to eligible qualifying investments; providing 74 
a fund limitation; authorizing the tax credits issued 75     
 
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to be applied against corporate income tax liabi lity; 76 
authorizing a qualifying private fund to sell or 77 
transfer tax credits issued under the program; 78 
providing election requirements; prohibiting the 79 
selling or transferring of tax credits that have not 80 
yet been issued; authorizing the Department of 81 
Commerce to revoke or modify its determination to 82 
grant tax credits in certain instances; requiring the 83 
department to notify the Department of Revenue of such 84 
action; requiring a qualifying private fund to submit 85 
an annual report for a specified time period to remain 86 
eligible to receive tax credits; providing report 87 
requirements; providing construction; requiring the 88 
Department of Commerce to include in its annual 89 
incentives report, beginning on a specified date, 90 
certain information about the program; authorizin g the 91 
department to adopt rules; amending s. 290.0056, F.S.; 92 
revising the types of business enterprises that the 93 
enterprise zone development agency may invest in via 94 
community investment corporations; amending s. 95 
331.302, F.S.; providing construction; amen ding s. 96 
331.351, F.S.; revising legislative intent; requiring 97 
Space Florida to involve and use business enterprises 98 
in economically disadvantaged areas as it relates to 99 
spaceport development; amending s. 445.004, F.S.; 100     
 
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revising membership composition of Ca reerSource 101 
Florida, Inc.; amending s. 445.007, F.S.; revising 102 
composition of local workforce development boards; 103 
removing a provision requiring a certain consideration 104 
when appointments are made to any committee 105 
established by the board; amending s. 445.08 , F.S.; 106 
revising eligibility requirements for newly employed 107 
officers to receive and retain bonus payments; 108 
removing an expiration date; amending s. 447.203, 109 
F.S.; revising the term "managerial employees"; 110 
authorizing counties and municipalities to enter i nto 111 
agreements to create regional planning entities 112 
pursuant to specified law; providing a directive to 113 
the Division of Law Revision; repealing ss. 186.501, 114 
186.502, 186.503, 186.504, 186.505, 186.506, 186.507, 115 
186.508, 186.509, 186.511, 186.512, and 186.5 13, F.S., 116 
relating to the Florida Regional Planning Council Act; 117 
repealing s. 186.515, F.S., relating to the creation 118 
of regional planning councils under chapter 163; 119 
amending s. 120.525, F.S.; removing provisions 120 
relating to meetings of regional planning councils; 121 
amending s. 163.3164, F.S.; removing the term 122 
"regional planning agency" from the Community Planning 123 
Act; amending s. 163.3184, F.S.; revising definitions; 124 
revising provisions relating to the expedited review 125     
 
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process for the adoption of comprehen sive plan 126 
amendments; amending s. 163.3245, F.S.; revising 127 
provisions relating to sector plans; amending s. 128 
186.003, F.S.; removing the term "regional planning 129 
agency" from the Florida State Comprehensive Planning 130 
Act of 1972; amending s. 186.006, F.S.; re vising the 131 
powers and responsibilities of the Executive Office of 132 
the Governor; amending s. 186.007, F.S; revising 133 
provisions relating to state comprehensive plan 134 
preparation and revision; amending s. 215.559, F.S.; 135 
revising provision regarding funding pri ority to 136 
projects in certain regional planning council regions; 137 
amending s. 252.385, F.S.; revising the content 138 
requirements for statewide emergency shelter plans; 139 
amending s. 320.08058, F.S.; removing a provision 140 
providing specified proceeds to the Tampa Bay Regional 141 
Planning Council; amending s. 338.2278, F.S.; removing 142 
regional planning councils from the taskforce created 143 
under the Multi-use Corridors of Regional Economic 144 
Significance Program; amending ss. 369.303 and 145 
369.307, F.S.; revising provisions r elating to the 146 
Wekiva River Protection Area; repealing s. 369.324, 147 
F.S., relating to the Wekiva River Basin Commission; 148 
amending s. 380.05, F.S.; revising provisions relating 149 
to areas of critical state concern; amending s. 150     
 
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380.045, F.S.; removing regional planning councils 151 
from resource planning and management committee 152 
representation; reenacting s. 380.0552(6), F.S., 153 
relating to the Florida Keys Area; amending ss. 154 
403.7225 and 403.723, F.S.; replacing regional 155 
planning councils with the Department of Envir onmental 156 
Protection for purposes of hazardous waste management 157 
assessments and facilities; amending s. 403.503, F.S.; 158 
removing the term "regional planning council" from the 159 
Florida Electric Power Plant Siting Act; amending s. 160 
403.522, F.S.; removing the te rm "regional planning 161 
council" from the Florida Electric Transmission Line 162 
Siting Act; amending s. 408.033, F.S.; revising 163 
provisions relating to local health councils; amending 164 
s. 420.609, F.S.; revising the composition of the 165 
Affordable Housing Study Com mission; amending ss. 166 
17.11, 24.113, 120.65, 163.3177, 163.3178, 163.568, 167 
164.1031, 186.008, 186.803, 218.32, 255.101, 255.102, 168 
255.20, 258.501, 260.0142, 287.012, 287.042, 287.055, 169 
287.057, 287.0931, 287.094, 287.0943, 287.09431, 170 
287.09451, 287.0947, 288. 1167, 288.12266, 288.7015, 171 
288.7031, 288.975, 290.004, 290.0057, 320.63, 334.045, 172 
335.188, 338.227, 339.155, 339.175, 339.2821, 339.63, 173 
339.64, 341.041, 343.54, 373.309, 373.607, 376.84, 174 
380.055, 380.06, 380.061, 380.0651, 380.07, 380.507, 175     
 
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381.986, 403.0752, 403.50663, 403.507, 403.518, 176 
403.526, 403.5272, 403.5363, 403.5365, 403.537, 177 
403.704, 403.7226, 403.9403, 403.941, 403.9422, 178 
403.973, 501.171, 625.3255, 627.3511, 657.042, 658.67, 179 
957.09, 1001.706, 1013.30, and 1013.46, F.S.; 180 
conforming provisions to ch anges made by the act; 181 
amending ss. 212.055, 212.096, 339.285, 373.415, 182 
376.3072, 377.703, 378.411, 380.031, 403.5115, 183 
409.901, 440.45, 473.3065, 641.217, 947.02, 947.021, 184 
and 1004.435, F.S.; conforming cross -references; 185 
providing an effective date. 186 
 187 
Be It Enacted by the Legislature of the State of Florida: 188 
 189 
 Section 1.  Paragraphs (e) and (k) of subsection (4), 190 
paragraph (a) of subsection (5), and paragraph (c) of subsection 191 
(10) of section 20.60, Florida Statutes, are amended to read: 192 
 20.60  Department of Commerce; creation; powers and 193 
duties.— 194 
 (4)  The purpose of the department is to assist the 195 
Governor in working with the Legislature, state agencies, 196 
business leaders, and economic development professionals to 197 
formulate and implement coherent and consistent policies and 198 
strategies designed to promote economic opportunities for all 199 
Floridians. The department is the state's chief agency for 200     
 
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business recruitment and expansion and economic development. To 201 
accomplish such purposes, the department shall: 202 
 (e)  Manage the activities of public -private partnerships 203 
and state agencies in order to avoid duplication and promote 204 
coordinated and consistent implementation of programs in areas 205 
including, but not limited to, tourism; international trade and 206 
investment; business recruitment, creation, retention, and 207 
expansion; minority and small business development; business 208 
development in economically disadvantaged areas; defense, space, 209 
and aerospace development; rural community development; and the 210 
development and promotion of professional and amateur sporting 211 
events. 212 
 (k)  Assist, promote, and enhance economic opportunities 213 
for this state's minority-owned businesses in economically 214 
disadvantaged areas and rural and urban communities . 215 
 (5)  The divisions within the department have specific 216 
responsibilities to achieve the duties, responsibilities, and 217 
goals of the department. Specifically: 218 
 (a)  The Division of Economic Development shall: 219 
 1.  Analyze and evaluate business prospects identified by 220 
the Governor and the secretary. 221 
 2.  Administer certain tax refund, tax credit, and grant 222 
programs created in law. Notwithstanding any other provision of 223 
law, the department may expend interest earned from the 224 
investment of program funds deposited in the Grants and 225     
 
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Donations Trust Fund to contract for the administration of those 226 
programs, or portions of the programs, assigned to the 227 
department by law, by the appropriations process, or by the 228 
Governor. Such expenditures shall be subject to review under 229 
chapter 216. 230 
 3.  Develop measurement protocols for the state incentive 231 
programs and for the contracted entities which will be used to 232 
determine their performance and competitive value to the state. 233 
Performance measures, benchmarks, and sanctions must be 234 
developed in consultation with the legislative appropriations 235 
committees and the appropriate substantive committees, and are 236 
subject to the review and approval process provided in s. 237 
216.177. The approved performance measures, standards, and 238 
sanctions shall be included and made a p art of the strategic 239 
plan for contracts entered into for delivery of programs 240 
authorized by this section. 241 
 4.  Develop a 5-year statewide strategic plan. The 242 
strategic plan must include, but need not be limited to: 243 
 a.  Strategies for the promotion of busi ness formation, 244 
expansion, recruitment, and retention through aggressive 245 
marketing, attraction of venture capital and finance 246 
development, domestic trade, international development, and 247 
export assistance, which lead to more and better jobs and higher 248 
wages for all geographic regions , disadvantaged communities, and 249 
populations of the state, including economically disadvantaged 250     
 
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areas rural areas, minority businesses, and urban core areas . 251 
 b.  The development of realistic policies and programs to 252 
further the economic diversity of the state, its regions, and 253 
their associated industrial clusters. 254 
 c.  Specific provisions for the stimulation of economic 255 
development and job creation in rural areas and midsize cities 256 
and counties of the state, including strategies for rural 257 
marketing and the development of infrastructure in rural areas. 258 
 d.  Provisions for the promotion of the successful long -259 
term economic development of the state with increased emphasis 260 
in market research and information. 261 
 e.  Plans for the generat ion of foreign investment in the 262 
state which create jobs paying above -average wages and which 263 
result in reverse investment in the state, including programs 264 
that establish viable overseas markets, assist in meeting the 265 
financing requirements of export -ready firms, broaden 266 
opportunities for international joint venture relationships, use 267 
the resources of academic and other institutions, coordinate 268 
trade assistance and facilitation services, and facilitate 269 
availability of and access to education and training pr ograms 270 
that assure requisite skills and competencies necessary to 271 
compete successfully in the global marketplace. 272 
 f.  The identification of business sectors that are of 273 
current or future importance to the state's economy and to the 274 
state's global business image, and development of specific 275     
 
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strategies to promote the development of such sectors. 276 
 g.  Strategies for talent development necessary in the 277 
state to encourage economic development growth, taking into 278 
account factors such as the state's talent supply chain, 279 
education and training opportunities, and available workforce. 280 
 h.  Strategies and plans to support this state's defense, 281 
space, and aerospace industries and the emerging complementary 282 
business activities and industries that support the development 283 
and growth of defense, space, and aerospace in this state. 284 
 5.  Update the strategic plan every 5 years. 285 
 6.  Involve CareerSource Florida, Inc.; direct -support 286 
organizations of the department; local governments; the general 287 
public; local and regional eco nomic development organizations; 288 
other local, state, and federal economic, international, and 289 
workforce development entities; the business community; and 290 
educational institutions to assist with the strategic plan. 291 
 7.  Coordinate with the Florida Tourism I ndustry Marketing 292 
Corporation in the development of the 4 -year marketing plan 293 
pursuant to s. 288.1226(13). 294 
 8.  Administer and manage relationships, as appropriate, 295 
with the entities and programs created pursuant to the Florida 296 
Capital Formation Act, ss. 2 88.9621-288.96255. 297 
 9.  Establish the Office of Secure Florida, which is 298 
responsible for administering and enforcing: 299 
 a.  E-Verify and employment authorization compliance as set 300     
 
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forth in ss. 448.09 and 448.095. 301 
 b.  The purchase and registration of real property in the 302 
state by foreign principals as set forth in ss. 692.203 and 303 
692.204. 304 
 (10)  The department shall, by November 1 of each year, 305 
submit an annual report to the Governor, the President of the 306 
Senate, and the Speaker of the House of Representati ves on the 307 
condition of the business climate and economic development in 308 
the state. 309 
 (c)  The report must incorporate annual reports of other 310 
programs, including: 311 
 1.  A detailed report of the performance of the Black 312 
Business Loan Program and a cumulative summary of quarterly 313 
report data required under s. 288.714. 314 
 1.2. The Rural Economic Development Initiative established 315 
under s. 288.0656. 316 
 2.3. A detailed report of the performance of the Florida 317 
Development Finance Corporation and a summary of the 318 
corporation's report required under s. 288.9610. 319 
 3.4. Information provided by Space Florida under s. 320 
331.3051 and an analysis of the activities and accomplishments 321 
of Space Florida. 322 
 Section 2.  Paragraph (b) of subsection (20) and paragraph 323 
(b) of subsection (21) of section 187.201, Florida Statutes, are 324 
amended to read: 325     
 
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 187.201  State Comprehensive Plan adopted. —The Legislature 326 
hereby adopts as the State Comprehensive Plan the following 327 
specific goals and policies: 328 
 (20)  GOVERNMENTAL EFFICIENCY. — 329 
 (b)  Policies.— 330 
 1.  Encourage greater cooperation between, among, and 331 
within all levels of Florida government through the use of 332 
appropriate interlocal agreements and mutual participation for 333 
mutual benefit. 334 
 2.  Allow the creation of independent special taxi ng 335 
districts which have uniform general law standards and 336 
procedures and do not overburden other governments and their 337 
taxpayers while preventing the proliferation of independent 338 
special taxing districts which do not meet these standards. 339 
 3.  Encourage the use of municipal services taxing units 340 
and other dependent special districts to provide needed 341 
infrastructure where the fiscal capacity exists to support such 342 
an approach. 343 
 4.  Eliminate regulatory activities that are not tied to 344 
specific public and natu ral resource protection needs. 345 
 5.  Eliminate needless duplication of, and promote 346 
cooperation in, governmental activities between, among, and 347 
within state, regional, county, city, and other governmental 348 
units. 349 
 6.  Ensure, wherever possible, that the geog raphic 350     
 
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boundaries of water management districts, regional planning 351 
councils, and substate districts of the executive departments 352 
shall be coterminous for related state or agency programs and 353 
functions and promote interagency agreements in order to reduce 354 
the number of districts and councils with jurisdiction in any 355 
one county. 356 
 7.  Encourage and provide for the restructuring of city and 357 
county political jurisdictions with the goals of greater 358 
efficiency and high-quality and more equitable and responsive 359 
public service programs. 360 
 8.  Replace multiple, small scale, economically inefficient 361 
local public facilities with regional facilities where they are 362 
proven to be more economical, particularly in terms of energy 363 
efficiency, and yet can retain the quality o f service expected 364 
by the public. 365 
 9.  Encourage greater efficiency and economy at all levels 366 
of government through adoption and implementation of effective 367 
records management, information management, and evaluation 368 
procedures. 369 
 10.  Throughout government, establish citizen management 370 
efficiency groups and internal management groups to make 371 
recommendations for greater operating efficiencies and improved 372 
management practices. 373 
 11.  Encourage governments to seek outside contracting on a 374 
competitive-bid basis when cost-effective and appropriate. 375     
 
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 12.  Discourage undue expansion of state government and 376 
make every effort to streamline state government in a cost -377 
effective manner. 378 
 13.  Encourage joint venture solutions to mutual problems 379 
between levels of governme nt and private enterprise. 380 
 (21)  THE ECONOMY.— 381 
 (b)  Policies.— 382 
 1.  Attract new job-producing industries, corporate 383 
headquarters, distribution and service centers, regional 384 
offices, and research and development facilities to provide 385 
quality employment fo r the residents of Florida. 386 
 2.  Promote entrepreneurship and small and minority-owned 387 
business startups and business startups in economically 388 
disadvantaged areas startup by providing technical and 389 
information resources, facilitating capital formation, and 390 
removing regulatory restraints which are unnecessary for the 391 
protection of consumers and society. 392 
 3.  Maintain, as one of the state's primary economic 393 
assets, the environment, including clean air and water, beaches, 394 
forests, historic landmarks, and agric ultural and natural 395 
resources. 396 
 4.  Strengthen Florida's position in the world economy 397 
through attracting foreign investment and promoting 398 
international banking and trade. 399 
 5.  Build on the state's attractiveness to make it a leader 400     
 
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in the visual and perfo rming arts and in all phases of film, 401 
television, and recording production. 402 
 6.  Promote economic development for Florida residents 403 
through partnerships among education, business, industry, 404 
agriculture, and the arts. 405 
 7.  Provide increased opportunities fo r training Florida's 406 
workforce to provide skilled employees for new and expanding 407 
business. 408 
 8.  Promote economic self -sufficiency through training and 409 
educational programs which result in productive employment. 410 
 9.  Promote cooperative employment arrangem ents between 411 
private employers and public sector employment efforts to 412 
provide productive, permanent employment opportunities for 413 
public assistance recipients through provisions of education 414 
opportunities, tax incentives, and employment training. 415 
 10.  Provide for nondiscriminatory employment 416 
opportunities. 417 
 11.  Provide quality child day care for public assistance 418 
families and others who need it in order to work. 419 
 12.  Encourage the development of a business climate that 420 
provides opportunities for the grow th and expansion of existing 421 
state industries, particularly those industries which are 422 
compatible with Florida's environment. 423 
 13.  Promote coordination among Florida's ports to increase 424 
their utilization. 425     
 
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 14.  Encourage the full utilization by businesses of the 426 
economic development enhancement programs implemented by the 427 
Legislature for the purpose of extensively involving private 428 
businesses in the development and expansion of permanent job 429 
opportunities, especially for the economically disadvantaged, 430 
through the utilization of enterprise zones, community 431 
development corporations, and other programs designed to enhance 432 
economic and employment opportunities. 433 
 Section 3.  Paragraph (b) of subsection (21) of section 434 
187.201, Florida Statutes, is amended to read: 435 
 187.201  State Comprehensive Plan adopted. —The Legislature 436 
hereby adopts as the State Comprehensive Plan the following 437 
specific goals and policies: 438 
 (21)  THE ECONOMY.— 439 
 (b)  Policies.— 440 
 1.  Attract new job-producing industries, corporate 441 
headquarters, distribution and service centers, regional 442 
offices, and research and development facilities to provide 443 
quality employment for the residents of Florida. 444 
 2.  Promote entrepreneurship , and small and minority-owned 445 
business startups, and business startups in economically 446 
disadvantaged areas startup by providing technical and 447 
information resources, facilitating capital formation, and 448 
removing regulatory restraints which are unnecessary for the 449 
protection of consumers and society. 450     
 
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 3.  Maintain, as one of the state's primary economic 451 
assets, the environment, including clean air and water, beaches, 452 
forests, historic landmarks, and agricultural and natural 453 
resources. 454 
 4.  Strengthen Florida's position in the world economy 455 
through attracting foreign investment and promoting 456 
international banking and trade. 457 
 5.  Build on the state's attractiveness to make it a leader 458 
in the visual and performing arts and in all phases of film, 459 
television, and recording production. 460 
 6.  Promote economic development for Florida re sidents 461 
through partnerships among education, business, industry, 462 
agriculture, and the arts. 463 
 7.  Provide increased opportunities for training Florida's 464 
workforce to provide skilled employees for new and expanding 465 
business. 466 
 8.  Promote economic self -sufficiency through training and 467 
educational programs which result in productive employment. 468 
 9.  Promote cooperative employment arrangements between 469 
private employers and public sector employment efforts to 470 
provide productive, permanent employment opportunitie s for 471 
public assistance recipients through provisions of education 472 
opportunities, tax incentives, and employment training. 473 
 10.  Provide for nondiscriminatory employment 474 
opportunities. 475     
 
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 11.  Provide quality child day care for public assistance 476 
families and others who need it in order to work. 477 
 12.  Encourage the development of a business climate that 478 
provides opportunities for the growth and expansion of existing 479 
state industries, particularly those industries which are 480 
compatible with Florida's environment . 481 
 13.  Promote coordination among Florida's ports to increase 482 
their utilization. 483 
 14.  Encourage the full utilization by businesses of the 484 
economic development enhancement programs implemented by the 485 
Legislature for the purpose of extensively involving pr ivate 486 
businesses in the development and expansion of permanent job 487 
opportunities, especially for the economically disadvantaged, 488 
through the utilization of enterprise zones, community 489 
development corporations, and other programs designed to enhance 490 
economic and employment opportunities. 491 
 Section 4.  Paragraph (a) of subsection (1) of section 492 
120.52, Florida Statutes, is amended to read: 493 
 120.52  Definitions. —As used in this act: 494 
 (1)  "Agency" means the following officers or governmental 495 
entities if acting pursuant to powers other than those derived 496 
from the constitution: 497 
 (a)  The Governor; each state officer and state department, 498 
and each departmental unit described in s. 20.04; the Board of 499 
Governors of the State University System; the Commission on 500     
 
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Ethics; the Fish and Wildlife Conservation Commission; a 501 
regional water supply authority; a regional planning agency; a 502 
multicounty special district, but only if a majority of its 503 
governing board is comprised of nonelected persons; educational 504 
units; and each entity described in chapters 163, 373, 380, and 505 
582 and s. 186.504. 506 
 507 
This definition does not include a municipality or legal entity 508 
created solely by a municipality; a legal entity or agency 509 
created in whole or in part pursuant to part II of chapter 361; 510 
a metropolitan planning organization created pursuant to s. 511 
339.175; a separate legal or administrative entity created 512 
pursuant to s. 339.175 of which a metropolitan planning 513 
organization is a member; an expressway authority pursuant to 514 
chapter 348 or any transportation authority or commission under 515 
chapter 343 or chapter 349; or a legal or administrative entity 516 
created by an interlocal agreement pursuant to s. 163.01(7), 517 
unless any party to such agreement is otherwise an agency as 518 
defined in this subsecti on. 519 
 Section 5. For the purpose of incorporating the amendment 520 
made by this act to section 120.52, Florida Statutes, in a 521 
reference thereto, paragraph (f) of subsection (3) of section 522 
57.111, Florida Statutes, is reenacted to read: 523 
 57.111  Civil actions and administrative proceedings 524 
initiated by state agencies; attorneys' fees and costs. — 525     
 
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 (3)  As used in this section: 526 
 (f)  The term "state agency" has the meaning described in 527 
s. 120.52(1). 528 
 Section 6. For the purpose of incorporating the amen dment 529 
made by this act to section 120.52, Florida Statutes, in a 530 
reference thereto, Subsection (3) of section 216.241, Florida 531 
Statutes, is reenacted to read: 532 
 216.241  Initiation or commencement of new programs; 533 
approval; expenditure of certain revenues. — 534 
 (3)  Any revenues generated by any tax or fee imposed by 535 
amendment to the State Constitution after October 1, 1999, shall 536 
not be expended by any agency, as defined in s. 120.52(1), 537 
except pursuant to appropriation by the Legislature. 538 
 Section 7.  Paragraph (r) of subsection (5) of section 539 
212.08, Florida Statutes, is amended to read: 540 
 212.08  Sales, rental, use, consumption, distribution, and 541 
storage tax; specified exemptions. —The sale at retail, the 542 
rental, the use, the consumption, the distribution, a nd the 543 
storage to be used or consumed in this state of the following 544 
are hereby specifically exempt from the tax imposed by this 545 
chapter. 546 
 (5)  EXEMPTIONS; ACCOUNT OF USE. — 547 
 (r)  Data center property. — 548 
 1.  As used in this paragraph, the term: 549 
 a.  "Critical IT load" means that portion of electric power 550     
 
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capacity, expressed in terms of megawatts, which is reserved 551 
solely for owners or tenants of a data center to operate their 552 
computer server equipment. The term does not include any 553 
ancillary load for cooling, lighting, common areas, or other 554 
equipment. 555 
 b.  "Cumulative capital investment" means the combined 556 
total of all expenses incurred by the owners or tenants of a 557 
data center after July 1, 2017, in connection with acquiring, 558 
constructing, instal ling, equipping, or expanding the data 559 
center. However, the term does not include any expenses incurred 560 
in the acquisition of improved real property operating as a data 561 
center at the time of acquisition or within 6 months before the 562 
acquisition. 563 
 c.  "Data center" means a facility that: 564 
 (I)  Consists of one or more contiguous parcels in this 565 
state, along with the buildings, substations and other 566 
infrastructure, fixtures, and personal property located on the 567 
parcels; 568 
 (II)  Is used exclusively to house and operate equipment 569 
that receives, stores, aggregates, manages, processes, 570 
transforms, retrieves, researches, or transmits data; or that is 571 
necessary for the proper operation of equipment that receives, 572 
stores, aggregates, manages, processes, transforms, ret rieves, 573 
researches, or transmits data; 574 
 (III)  Has a critical IT load of 15 megawatts or higher, 575     
 
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and a critical IT load of 1 megawatt or higher dedicated to each 576 
individual owner or tenant within the data center; and 577 
 (IV)  Is constructed on or after July 1, 2017. 578 
 d.  "Data center property" means property used exclusively 579 
at a data center to construct, outfit, operate, support, power, 580 
cool, dehumidify, secure, or protect a data center and any 581 
contiguous dedicated substations. The term includes, but is not 582 
limited to, construction materials, component parts, machinery, 583 
equipment, computers, servers, installations, redundancies, and 584 
operating or enabling software, including any replacements, 585 
updates and new versions, and upgrades to or for such property, 586 
regardless of whether the property is a fixture or is otherwise 587 
affixed to or incorporated into real property. The term also 588 
includes electricity used exclusively at a data center. 589 
 2.  Data center property is exempt from the tax imposed by 590 
this chapter, except for the tax imposed by s. 212.031. To be 591 
eligible for the exemption provided by this paragraph, the data 592 
center's owners and tenants must make a cumulative capital 593 
investment of $150 million or more for the data center and the 594 
data center must have a cri tical IT load of 15 megawatts or 595 
higher and a critical IT load of 1 megawatt or higher dedicated 596 
to each individual owner or tenant within the data center. Each 597 
of these requirements must be satisfied no later than 5 years 598 
after the commencement of constru ction of the data center. 599 
 3.a.  To receive the exemption provided by this paragraph, 600     
 
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the person seeking the exemption must apply to the department 601 
for a temporary tax exemption certificate. The application must 602 
state that a qualifying data center designat ion is being sought 603 
and provide information that the requirements of subparagraph 2. 604 
will be met. Upon a tentative determination by the department 605 
that the data center will meet the requirements of subparagraph 606 
2., the department must issue the certificate . 607 
 b.(I)  The certificateholder shall maintain all necessary 608 
books and records to support the exemption provided by this 609 
paragraph. Upon satisfaction of all requirements of subparagraph 610 
2., the certificateholder must deliver the temporary tax 611 
certificate to the department together with documentation 612 
sufficient to show the satisfaction of the requirements. Such 613 
documentation must include written declarations, pursuant to s. 614 
92.525, from: 615 
 (A)  A professional engineer, licensed pursuant to chapter 616 
471, certifying that the critical IT load requirement set forth 617 
in subparagraph 2. has been satisfied at the data center; and 618 
 (B)  A Florida certified public accountant, as defined in 619 
s. 473.302, certifying that the cumulative capital investment 620 
requirement set fort h in subparagraph 2. has been satisfied for 621 
the data center. 622 
 623 
The professional engineer and the Florida certified public 624 
accountant may not be professionally related with the data 625     
 
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center's owners, tenants, or contractors, except that they may 626 
be retained by a data center owner to certify that the 627 
requirements of subparagraph 2. have been met. 628 
 (II)  If the department determines that the subparagraph 2. 629 
requirements have been satisfied, the department must issue a 630 
permanent tax exemption certificate. 631 
 (III)  Notwithstanding s. 212.084(4), the permanent tax 632 
exemption certificate remains valid and effective for as long as 633 
the data center described in the exemption application continues 634 
to operate as a data center as defined in subparagraph 1., with 635 
review by the department every 5 years to ensure compliance. As 636 
part of the review, the certificateholder shall, within 3 months 637 
before the end of any 5 -year period, submit a written 638 
declaration, pursuant to s. 92.525, certifying that the critical 639 
IT load of 15 megawa tts or higher and the critical IT load of 1 640 
megawatt or higher dedicated to each individual owner or tenant 641 
within the data center required by subparagraph 2. continues to 642 
be met. All owners, tenants, contractors, and others purchasing 643 
exempt data center p roperty shall maintain all necessary books 644 
and records to support the exemption as to those purchases. 645 
 (IV)  Notwithstanding s. 213.053, the department may share 646 
information concerning a temporary or permanent data center 647 
exemption certificate among all o wners, tenants, contractors, 648 
and others purchasing exempt data center property pursuant to 649 
such certificate. 650     
 
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 c.  If, in an audit conducted by the department, it is 651 
determined that the certificateholder or any owners, tenants, 652 
contractors, or others purcha sing, renting, or leasing data 653 
center property do not meet the criteria of this paragraph, the 654 
amount of taxes exempted at the time of purchase, rental, or 655 
lease is immediately due and payable to the department from the 656 
purchaser, renter, or lessee of thos e particular items, together 657 
with the appropriate interest and penalty computed from the date 658 
of purchase in the manner prescribed by this chapter. 659 
Notwithstanding s. 95.091(3)(a), any tax due as provided in this 660 
sub-subparagraph may be assessed by the dep artment within 6 661 
years after the date the data center property was purchased. 662 
 d.  Purchasers, lessees, and renters of data center 663 
property who qualify for the exemption provided by this 664 
paragraph shall obtain from the data center a copy of the tax 665 
exemption certificate issued pursuant to sub -subparagraph a. or 666 
sub-subparagraph b. Before or at the time of purchase of the 667 
item or items eligible for exemption, the purchaser, lessee, or 668 
renter shall provide to the seller a copy of the tax exemption 669 
certificate and a signed certificate of entitlement. Purchasers, 670 
lessees, and renters with self -accrual authority shall maintain 671 
all documentation necessary to prove the exempt status of 672 
purchases. 673 
 e.  For any purchase, lease, or rental of property that is 674 
exempt pursuant to this paragraph, the possession of a copy of a 675     
 
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tax exemption certificate issued pursuant to sub -subparagraph a. 676 
or sub-subparagraph b. and a signed certificate of entitlement 677 
relieves the seller of the responsibility of collecting the tax 678 
on the sale, lease, or rental of such property, and the 679 
department must look solely to the purchaser, renter, or lessee 680 
for recovery of the tax if it determines that the purchase, 681 
rental, or lease was not entitled to the exemption. 682 
 4.  After June 30, 2027, the de partment may not issue a 683 
temporary tax exemption certificate pursuant to this paragraph. 684 
 Section 8.  Paragraph (d) of subsection (21) of section 685 
253.025, Florida Statutes, is amended to read: 686 
 253.025  Acquisition of state lands. — 687 
 (21) 688 
 (d)1. A conveyance at less than appraised value must state 689 
that the land will revert to the board of trustees if the land 690 
is not used for its intended purposes as a military installation 691 
buffer or if the military installation closes. 692 
 2.  Subparagraph 1. does not apply to the United States 693 
Department of Defense, including its subordinate military 694 
departments, and the United States Coast Guard if the 695 
generalized and overarching intended purpose as a military 696 
installation buffer remains in place, even though the specific 697 
military purpose, mission, and function in using the conveyed 698 
land changes from that presented or proposed at the time of the 699 
conveyance. 700     
 
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 Section 9.  Paragraph (b) of subsection (4) of section 701 
288.001, Florida Statutes, is amended to read: 702 
 288.001  The Florida Small Business Development Center 703 
Network.— 704 
 (4)  STATEWIDE ADVISORY BOARD. — 705 
 (b)  The statewide advisory board shall consist of 19 706 
members from across the state. At least 12 members must be 707 
representatives of the private sector who are knowledgeab le of 708 
the needs and challenges of small businesses. The members must 709 
represent various segments and industries of the economy in this 710 
state and must bring knowledge and skills to the statewide 711 
advisory board which would enhance the board's collective 712 
knowledge of small business assistance needs and challenges. 713 
Minority and gender Representation from economically 714 
disadvantaged areas within this state must be considered when 715 
making appointments to the board. The board must include the 716 
following members: 717 
 1.  Three members appointed from the private sector by the 718 
President of the Senate. 719 
 2.  Three members appointed from the private sector by the 720 
Speaker of the House of Representatives. 721 
 3.  Three members appointed from the private sector by the 722 
Governor. 723 
 4.  Three members appointed from the private sector by the 724 
network's statewide director. 725     
 
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 5.  One member appointed by the host institution. 726 
 6.  The Secretary of Commerce or his or her designee. 727 
 7.  The Chief Financial Officer or his or her designee. 728 
 8.  The President of the Florida Chamber of Commerce or his 729 
or her designee. 730 
 9.  The Small Business Development Center Project Officer 731 
from the U.S. Small Business Administration at the South Florida 732 
District Office or his or her designee. 733 
 10.  The executive di rector of the National Federation of 734 
Independent Businesses, Florida, or his or her designee. 735 
 11.  The executive director of the Florida United Business 736 
Association or his or her designee. 737 
 Section 10.  Subsection (8) of section 288.0065, Florida 738 
Statutes, is amended to read: 739 
 288.0065  Annual incentives report. —By December 30 of each 740 
year, the department shall provide the Governor, the President 741 
of the Senate, and the Speaker of the House of Representatives a 742 
detailed incentives report quantifying the e conomic benefits for 743 
all of the economic development incentive programs administered 744 
by the department and its public -private partnerships. The 745 
annual incentives report must include: 746 
 (8)  A description of the trends relating to business 747 
interest in, and usage of, the various incentives, and the 748 
number of small minority-owned or woman-owned businesses and 749 
businesses in economically disadvantaged areas receiving 750     
 
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incentives. 751 
 Section 11.  Paragraph (e) of subsection (2) and paragraph 752 
(a) of subsection (6) o f section 288.0656, Florida Statutes, are 753 
amended to read: 754 
 288.0656  Rural Economic Development Initiative. — 755 
 (2)  As used in this section, the term: 756 
 (e)  "Rural community" means: 757 
 1.  A county with a population of 85,000 75,000 or fewer. 758 
 2.  A county with a population of less than 135,000 that 759 
125,000 or fewer which is contiguous to a county with a 760 
population of less than 85,000 75,000 or fewer. 761 
 3.  A municipality within a county described in 762 
subparagraph 1. or subparagraph 2. 763 
 4.  An unincorporated fe deral enterprise community or an 764 
incorporated rural city with a population of 25,000 or fewer and 765 
an employment base focused on municipalities with at least 20 766 
traditional agricultural or resource -based industries, located 767 
in a county not defined as rural, which has at least three or 768 
more of the economic distress factors identified in paragraph 769 
(c) and verified by the department. 770 
 771 
For purposes of this paragraph, population shall be determined 772 
in accordance with the most recent official estimate pursuant to 773 
s. 186.901. 774 
 (6)(a)  By August 1 of each year, the head of each of the 775     
 
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following agencies and organizations shall designate a deputy 776 
secretary or higher-level staff person from within the agency or 777 
organization to serve as the REDI representative for the a gency 778 
or organization: 779 
 1.  The Department of Transportation. 780 
 2.  The Department of Environmental Protection. 781 
 3.  The Department of Agriculture and Consumer Services. 782 
 4.  The Department of State. 783 
 5.  The Department of Health. 784 
 6.  The Department of Children and Families. 785 
 7.  The Department of Corrections. 786 
 8.  The Department of Education. 787 
 9.  The Department of Juvenile Justice. 788 
 10.  The Fish and Wildlife Conservation Commission. 789 
 11.  Each water management district. 790 
 12.  CareerSource Florida, Inc . 791 
 13.  VISIT Florida. 792 
 14.  The Florida Regional Planning Council Association. 793 
 14.15. The Agency for Health Care Administration. 794 
 15.16. The Institute of Food and Agricultural Sciences 795 
(IFAS). 796 
 797 
An alternate for each designee shall also be chosen, and t he 798 
names of the designees and alternates shall be sent to the 799 
Secretary of Commerce. 800     
 
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 Section 12.  Section 288.06562, Florida Statutes, is 801 
created to read: 802 
 288.06562  Rural Accelerator Program. — 803 
 (1) The Rural Accelerator Program is created within the 804 
department to facilitate grant funding for a rural community to 805 
identify, prepare, and promote a catalyst site for economic 806 
development. 807 
 (2)  The department shall accept grant applications from a 808 
rural community, as well as any local economic development g roup 809 
applying on behalf of a rural community. 810 
 (3)  The department shall collaborate with the Florida 811 
Regional Economic Development Association to review grant 812 
applications. 813 
 (4)  Funds shall be appropriated from the Rural 814 
Infrastructure Fund and distribut ed by the department to rural 815 
communities for the purposes of marketing or catalyst site 816 
readiness. 817 
 (a)  Marketing expenses may include, but need not be 818 
limited to, deploying materials through advertising campaigns, 819 
as well as any costs associated with me etings, trade missions, 820 
and professional development affiliated with marketing catalyst 821 
sites to businesses and catalyst site selectors. 822 
 (b)  Catalyst site readiness expenses may include, but need 823 
not be limited to, clearing title, survey, and permitting 824 
questions, environmental studies, regulatory compliance, 825     
 
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planning design, and engineering costs. Such expenses may also 826 
include match funding for federal and private grants associated 827 
with catalyst site readiness and nonrecurring administrative 828 
expenses associated with catalyst site readiness. 829 
 (5)  Grant recipients that incur any expenses in subsection 830 
(4) may be reimbursed for such expenses or compensated through a 831 
direct payment method. 832 
 (6)  The department may adopt rules to implement this 833 
section. 834 
 (7) As used in this section, the term: 835 
 (a)  "Rural community" has the same meaning as in s. 836 
288.0656(1). 837 
 (b)  "Catalyst site" has the same meaning as in s. 838 
288.0656(1). 839 
 Section 13.  Paragraph (b) of subsection (2) of section 840 
288.1229, Florida Statutes, is amended to read: 841 
 288.1229  Promotion and development of sports -related 842 
industries and amateur athletics; direct -support organization 843 
established; powers and duties. — 844 
 (2)  The Florida Sports Foundation must: 845 
 (b)  Be governed by a board of directors, w hich must 846 
consist of up to 15 members appointed by the Governor. In making 847 
appointments, the Governor must consider a potential member's 848 
background in community service and sports activism in, and 849 
financial support of, the sports industry, professional spo rts, 850     
 
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or organized amateur athletics. Members must be residents of the 851 
state and highly knowledgeable about or active in professional 852 
or organized amateur sports. 853 
 1.  The board must contain representatives of all 854 
geographical regions of the state and must represent ethnic and 855 
gender diversity. 856 
 2.  The terms of office of the members shall be 4 years. No 857 
member may serve more than two consecutive terms. The Governor 858 
may remove any member for cause and shall fill all vacancies 859 
that occur. 860 
 Section 14.  Section 288.124, Florida Statutes, is amended 861 
to read: 862 
 288.124  Convention grants program. —The Florida Tourism 863 
Industry Marketing Corporation is authorized to establish a 864 
convention grants program and, pursuant to that program, to 865 
recommend to the department expenditures and contracts with 866 
local governments and nonprofit corporations or organizations 867 
for the purpose of attracting national conferences and 868 
conventions to Florida. Preference shall be given to local 869 
governments and nonprofit corporations or organi zations seeking 870 
to attract minority conventions to Florida. Minority conventions 871 
are events that primarily involve minority persons, as defined 872 
in s. 288.703, who are residents or nonresidents of the state. 873 
The Florida Tourism Industry Marketing Corporatio n shall 874 
establish guidelines governing the award of grants and the 875     
 
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administration of this program. The department has final 876 
approval authority for any grants under this section. The total 877 
annual allocation of funds for this program shall not exceed 878 
$40,000. 879 
 Section 15. The Division of Law Revision is directed to 880 
rename part IV of chapter 288, Florida Statutes, consisting of 881 
ss. 288.7015-288.7103, entitled "Small and Minority Business," 882 
as "Small Businesses and Businesses in Economically 883 
Disadvantaged Areas." 884 
 Section 16.  Section 288.702, Florida Statutes, is amended 885 
to read: 886 
 288.702  Short title. —This section and ss. 288.703 -288.706 887 
may be cited as the "Florida Assistance to Small Businesses and 888 
Businesses in Economically Disadvantaged Areas Minority Business 889 
Assistance Act." 890 
 Section 17.  Section 288.703, Florida Statutes, is amended 891 
to read: 892 
 288.703  Definitions. —As used in ss. 288.702 -288.706, the 893 
term: 894 
 (1)  "Business enterprise in an economically disadvantaged 895 
area" means a business located in a defined geographic area in 896 
this state in which one of the following documented conditions 897 
exists: 898 
 (a)  Per capita income in the geographic area is less than 899 
80 percent of the state per capita income. 900     
 
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 (b)  The unemployment rate in the geographic area h as been 901 
greater than the unemployment rate for the state by more than 902 
one percent over the previous 24 months from the time the 903 
comparison is made "Certified minority business enterprise" 904 
means a business which has been certified by the certifying 905 
organization or jurisdiction in accordance with s. 287.0943(1) 906 
and (2). 907 
 (2)  "Financial institution" means any bank, trust company, 908 
insurance company, savings and loan association, credit union, 909 
federal lending agency, or foundation. 910 
 (3)  "Minority business ente rprise" means any small 911 
business concern as defined in subsection (6) which is organized 912 
to engage in commercial transactions, which is domiciled in 913 
Florida, and which is at least 51 -percent-owned by minority 914 
persons who are members of an insular group tha t is of a 915 
particular racial, ethnic, or gender makeup or national origin, 916 
which has been subjected historically to disparate treatment due 917 
to identification in and with that group resulting in an 918 
underrepresentation of commercial enterprises under the grou p's 919 
control, and whose management and daily operations are 920 
controlled by such persons. A minority business enterprise may 921 
primarily involve the practice of a profession. Ownership by a 922 
minority person does not include ownership which is the result 923 
of a transfer from a nonminority person to a minority person 924 
within a related immediate family group if the combined total 925     
 
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net asset value of all members of such family group exceeds $1 926 
million. For purposes of this subsection, the term "related 927 
immediate family group" means one or more children under 16 928 
years of age and a parent of such children or the spouse of such 929 
parent residing in the same house or living unit. 930 
 (4)  "Minority person" means a lawful, permanent resident 931 
of Florida who is: 932 
 (a)  An African Amer ican, a person having origins in any of 933 
the black racial groups of the African Diaspora, regardless of 934 
cultural origin. 935 
 (b)  A Hispanic American, a person of Spanish or Portuguese 936 
culture with origins in Spain, Portugal, Mexico, South America, 937 
Central America, or the Caribbean, regardless of race. 938 
 (c)  An Asian American, a person having origins in any of 939 
the original peoples of the Far East, Southeast Asia, the Indian 940 
Subcontinent, or the Pacific Islands, including the Hawaiian 941 
Islands before 1778. 942 
 (d)  A Native American, a person who has origins in any of 943 
the Indian Tribes of North America before 1835, upon 944 
presentation of proper documentation thereof as established by 945 
rule of the Department of Management Services. 946 
 (e)  An American woman. 947 
 (3)(5) "Ombudsman" means an office or individual whose 948 
responsibilities include coordinating with the Office of 949 
Supplier Development Diversity for the interests of and 950     
 
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providing assistance to small businesses and business 951 
enterprises in an economically disadvantaged a reas and minority 952 
business enterprises in dealing with governmental agencies and 953 
in developing proposals for changes in state agency rules. 954 
 (4)(6) "Small business" means an independently owned and 955 
operated business concern that employs 200 or fewer perma nent 956 
full-time employees and that, together with its affiliates, has 957 
a net worth of not more than $5 million or any firm based in 958 
this state which has a Small Business Administration 8(a) 959 
certification. As applicable to sole proprietorships, the $5 960 
million net worth requirement shall include both personal and 961 
business investments. 962 
 Section 18.  Section 288.705, Florida Statutes, is amended 963 
to read: 964 
 288.705  Statewide contracts register. —All state agencies 965 
shall in a timely manner provide the Florida Small Business 966 
Development Center Procurement System with all formal 967 
solicitations for contractual services, supplies, and 968 
commodities. The Small Busines s Development Center shall 969 
coordinate with Minority Business Development Centers in 970 
economically disadvantaged areas to compile and distribute this 971 
information to small and minority businesses and businesses 972 
located in economically disadvantaged areas requesting such 973 
service for the period of time necessary to familiarize the 974 
business with the market represented by state agencies. On or 975     
 
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before February 1 of each year, the Small Business Development 976 
Center shall report to the department on the use of th e 977 
statewide contracts register. The report shall include, but not 978 
be limited to, information relating to: 979 
 (1)  The total number of solicitations received from state 980 
agencies during the calendar year. 981 
 (2)  The number of solicitations received from each st ate 982 
agency during the calendar year. 983 
 (3)  The method of distributing solicitation information to 984 
businesses requesting such service. 985 
 (4)  The total number of businesses using the service. 986 
 (5)  The percentage of businesses using the service which 987 
are owned and controlled by minorities. 988 
 (5)(6) The percentage of service -disabled veteran business 989 
enterprises using the service. 990 
 Section 19.  Section 288.706, Florida Statutes, is 991 
repealed. 992 
 Section 20.  Section 288.7094, Florida Statutes, is 993 
repealed. 994 
 Section 21.  Section 288.7102, Florida Statutes, is 995 
repealed. 996 
 Section 22.  Section 288.71025, Florida Statutes, is 997 
repealed. 998 
 Section 23.  Section 288.7103, Florida Statutes, is 999 
repealed. 1000     
 
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 Section 24.  Section 288.714, Florida Statutes, is 1001 
repealed. 1002 
 Section 25.  Subsection (1) of section 288.776, Florida 1003 
Statutes, is amended to read: 1004 
 288.776  Board of directors; powers and duties. — 1005 
 (1)(a)  The corporation shall have a board of directors 1006 
consisting of 15 members representing all geographic areas of 1007 
the state. Minority and gender representation must be considered 1008 
when making appointments to the board. The board membership must 1009 
include: 1010 
 1.  A representative of the following businesses, all of 1011 
which must be registered to do business in this state: a foreign 1012 
bank, a state bank, a federal bank, an insurance company 1013 
involved in covering trade financing risks, and a small or 1014 
medium-sized exporter. 1015 
 2.  The following persons or their designee: the Secretary 1016 
of Commerce, the Chief Financial Officer, the S ecretary of 1017 
State, and a senior official of the United States Department of 1018 
Commerce. 1019 
 (b)  Appointees who are not state or Federal Government 1020 
officials shall serve for a term of 3 years and shall be 1021 
eligible for reappointment. Nonstate and nonfederal offi cial 1022 
vacancies on the board shall be filled by the board within 30 1023 
days after the effective date of the vacancy. 1024 
 Section 26.  Section 288.9628, Florida Statutes, is created 1025     
 
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to read: 1026 
 288.9628  Research, Innovation, Science, and Engineering 1027 
(RISE) Investment Tax Credit Program. — 1028 
 (1)  The Legislature finds that strengthening this state's 1029 
early-stage business ecosystem, and supporting cutting -edge 1030 
innovation, is essential for fostering innovation and economic 1031 
growth. The early-stage business ecosystem, fue led by state 1032 
institutions of higher learning and private industry growth, 1033 
represents significant opportunities for this state to retain 1034 
entrepreneurial talent and provides an overall benefit for 1035 
jobseekers, employers, families, communities, and the overall 1036 
economy of this state. 1037 
 (2)  There is established within the Department of Commerce 1038 
the Research, Innovation, Science, and Engineering (RISE) 1039 
Investment Tax Credit Program. The purpose of the RISE program 1040 
is to increase venture capital investment in this state. The 1041 
department shall coordinate with the board and the State Board 1042 
of Administration in reviewing and approving applications for 1043 
tax credits under this section. 1044 
 (3)  As used in this section, the term: 1045 
 (a)  "Accredited investor" has the same meanin g as in s. 1046 
517.021. 1047 
 (b)  "Advisory affiliate" has the same meaning as in s. 1048 
517.12(22)(a). 1049 
 (c)  "Affiliate" has the same meaning as in s. 517.021. 1050     
 
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 (d)  "Applicant" means an advisory affiliate, exempt 1051 
reporting adviser, or investment adviser who submits or updates 1052 
an application on behalf of a qualifying private fund. 1053 
 (e)  "Associated person" has the same meaning as in s. 1054 
517.021. 1055 
 (f)  "Company" means any business in this state, or a 1056 
business with more than 50 percent of its workforce in this 1057 
state, with 500 or fewer employees, and which is engaged in a 1058 
project. 1059 
 (g)  "Department" means the Department of Commerce. 1060 
 (h)  "Exempt reporting adviser" has the same meaning as s. 1061 
517.12(22)(a). 1062 
 (i)  "Investment adviser" has the same meaning as in s. 1063 
517.021. 1064 
 (j)  "Investor" means any person or entity that has made a 1065 
capital contribution to a qualifying private fund. 1066 
 (k)  "Private fund adviser" has the same meaning as in s. 1067 
517.12(22)(a). 1068 
 (l)  "Project" means research and development that leads 1069 
to, or is anticipated to lead to, the creation of new or useful 1070 
improvement of technologies, agricultural technologies, devices, 1071 
processes, machines, manufacturing, or composition of matter. 1072 
The term includes innovative activities of a company or a public 1073 
university or college. 1074 
 (m)  "Qualifying investment" has same the meaning as in 17 1075     
 
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C.F.R. s. 275.203(l) -1(c)(3). The term includes an investment in 1076 
one or more companies or projects. 1077 
 (n)  "Qualifying portfolio company" has the meaning s in 17 1078 
C.F.R. s. 275.203(l) -1(c)(4). The term includes a company as 1079 
defined in this subsection, at the time of investment. 1080 
 (o)  "Qualifying private fund" has the same meaning as in 1081 
s. 517.12(22)(a). The term includes an angel investor group as 1082 
defined in s. 517.021. 1083 
 (p)  "Total capital commitment" means the total amount of 1084 
cash funding the qualifying private fund intends to raise to 1085 
make one or more qualifying investments in one or more 1086 
qualifying portfolio companies. 1087 
 (4)(a)1.  The department may grant tax credits under this 1088 
section upon the submission of an application by an applicant. 1089 
The department must review and approve or deny a completed 1090 
application within 60 days of receipt of the application. 1091 
 2.  An applicant must demonstrate to the satisfaction of 1092 
the department within 12 months of submitting the completed 1093 
application to the department that the qualifying private fund 1094 
has received at least the total capital commitment stated in the 1095 
application. 1096 
 (b)  The application must include, at a minimum: 1097 
 1.  The names of any accredit ed investors, advisory 1098 
affiliates, affiliates, associated persons, exempt reporting 1099 
advisers, investment advisers, or private fund advisers 1100     
 
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associated with the qualifying private fund, as applicable. 1101 
 2.  The names of any investors in the qualifying privat e 1102 
fund, as applicable. 1103 
 3.  The estimated total number of qualifying investments in 1104 
qualifying portfolio companies. 1105 
 4.  The total capital commitment of the qualifying private 1106 
fund. 1107 
 (c)  An applicant shall update the completed application if 1108 
there is a material change that affects the accuracy or 1109 
completeness of the information provided in the application. 1110 
 (5)(a)  The amount of tax credits available in a fiscal 1111 
year under the RISE program may not exceed $100 million. 1112 
 (b)  The department may not issue tax credits to a 1113 
qualifying private fund until the qualifying private fund 1114 
demonstrates that it has received its total capital commitment. 1115 
 (c)  The department may not issue more than $10 million in 1116 
tax credits to a qualifying private fund in a fiscal year un der 1117 
the RISE program. 1118 
 (6)(a)  For purposes of eligibility to receive tax credits 1119 
under the RISE program, a qualifying private fund shall submit 1120 
documentation to the department which demonstrates to the 1121 
reasonable satisfaction of the department that the qu alifying 1122 
investment meets the requirements of this section. For purposes 1123 
of this section, follow -on capital commitments may be considered 1124 
by the department only after the follow -on investment has been 1125     
 
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deployed. 1126 
 (b)  A qualifying private fund must make one or more 1127 
qualified investments in one or more qualifying portfolio 1128 
projects to be eligible to receive tax credits under the RISE 1129 
program. 1130 
 (c)  Each application submission by a qualifying private 1131 
fund that receives tax credits for a qualifying investment i n a 1132 
qualifying portfolio company shall include, at a minimum: 1133 
 1.  The amount of cash deployed by the qualifying private 1134 
fund to a qualifying investment in a qualifying portfolio 1135 
company. 1136 
 2.  The total number of employees employed by the 1137 
qualifying portfolio company. 1138 
 3.  The total number of Florida -based full-time equivalent 1139 
employees employed by the qualifying portfolio company. 1140 
 (7)(a)  A qualifying private fund may receive tax credits 1141 
equivalent to 25 percent of a qualifying investment in a 1142 
qualifying portfolio company. 1143 
 (b)  Upon a determination by the department that the 1144 
qualifying investment is eligible to receive tax credits under 1145 
this section, the department may authorize the Department of 1146 
Revenue to issue tax credits to the qualifying private fund . 1147 
 (c)  The Department of Revenue may not issue more than one -1148 
fifth of the tax credits authorized for a qualifying investment 1149 
in a qualifying portfolio company in a fiscal year. 1150     
 
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 (d)  Tax credits issued under the RISE program may be 1151 
applied against the cor porate income tax liability of the 1152 
qualifying private fund. A qualifying private fund may sell or 1153 
transfer, in whole or in part, tax credits issued under the RISE 1154 
program. An election to sell or transfer any tax credit issued 1155 
under the RISE program must be made within 5 years of issuance 1156 
of the tax credits to the qualifying private fund, after which 1157 
the tax credits expire and may not be used. A qualifying private 1158 
fund may not sell or transfer tax credits that have been 1159 
authorized by the department but not y et issued by the 1160 
Department of Revenue. 1161 
 (e)  The department may revoke or modify a written 1162 
determination to grant tax credits under the RISE program if the 1163 
department: 1164 
 1.  Learns that an applicant has made a false statement, 1165 
representation, or certificat ion in a completed application; 1166 
 2.  If an applicant fails to update its information in a 1167 
previously submitted completed application; or 1168 
 3.  An applicant fails to notify the Department of Revenue 1169 
of any change in its tax credit claimed. 1170 
 1171 
The department shall immediately notify the Department of 1172 
Revenue of the revocation or modification of previously issued 1173 
tax credits. 1174 
 (8)(a)  To remain eligible to receive tax credits under the 1175     
 
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RISE program, a qualifying private fund shall, for each 1176 
qualifying investment in a qualifying portfolio company, submit 1177 
an annual report to the department for 5 years following the 1178 
department's authorization of the issuance of tax credits. 1179 
 (b)  The annual report must contain, at a minimum: 1180 
 1.  A certification that there have been no material 1181 
changes to the information contained in the previously submitted 1182 
completed application or, if material changes have occurred, a 1183 
disclosure stating the material changes. 1184 
 2.  Documentation supporting the total number of full -time 1185 
equivalent employees employed by the qualifying portfolio 1186 
company. 1187 
 3.  Documentation supporting the total number of Florida -1188 
based full-time equivalent employees employed by the qualifying 1189 
portfolio company. 1190 
 4.  Documentation supporting that the qualifying private 1191 
fund has not exited its position from the qualifying portfolio 1192 
company through acquisition by a non -Florida-based company. 1193 
 (9)  For purposes of this section and part III of chapter 1194 
692, committed capital invested in a qualifying portfolio 1195 
company by a venture capital fund does not constitute ownership 1196 
of the qualifying portfolio company. 1197 
 (10)  Beginning on December 30, 2026, the department shall 1198 
include in the annual incentives report required by s. 288.0065 1199 
the amounts of tax credits granted and issued under the RISE 1200     
 
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program, the total number of jobs created, and the total number 1201 
of jobs created in this state. 1202 
 (11)  The department may adopt rules to implement this 1203 
section. 1204 
 Section 27.  Subsection (10) of section 290.0056, Florida 1205 
Statutes, is amended to re ad: 1206 
 290.0056  Enterprise zone development agency. — 1207 
 (10)  Contingent upon approval by the governing body, the 1208 
agency may invest in community investment corporations which 1209 
conduct, or agree to conduct, loan guarantee programs assisting 1210 
minority business enterprises located in the enterprise zone. In 1211 
making such investments, the agency shall first attempt to 1212 
invest in existing community investment corporations providing 1213 
services in the enterprise zone. Such investments shall be made 1214 
under conditions required by law and as the agency may require, 1215 
including, but not limited to: 1216 
 (a)  The funds invested by the agency shall be used to 1217 
provide loan guarantees to individuals for minority business 1218 
enterprises located in the enterprise zone. 1219 
 (b)  The community inves tment corporation may not approve 1220 
any application for a loan guarantee unless the person applying 1221 
for the loan guarantee shows that he or she has applied for the 1222 
loan or loan guarantee through normal banking channels and that 1223 
the loan or loan guarantee has been refused by at least one bank 1224 
or other financial institution. 1225     
 
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 Section 28.  Subsection (4) of section 331.302, Florida 1226 
Statutes, is amended to read: 1227 
 331.302  Space Florida; creation; purpose. — 1228 
 (4)(a) Space Florida is not an agency as defined in s s. 1229 
216.011 and 287.012. 1230 
 (b)1.  Space Florida is not an agency as defined in s. 1231 
287.055, and is not subject to s. 255.20, if Space Florida 1232 
enters into a purchase agreement for professional services or 1233 
construction services, or both, with a person who is n ot subject 1234 
to s. 287.055, and: 1235 
 a.  The terms in the executed purchase agreement are 1236 
acceptable to Space Florida. 1237 
 b.  The person provides an unqualified representation and 1238 
warranty to Space Florida pursuant to the agreement that the 1239 
payments by the person to Space Florida in return for the 1240 
possession and use of the project by the person is not derived, 1241 
directly or indirectly, from state or local government funds. 1242 
 2.  For purposes of subparagraph 1., revenue received by 1243 
the person as consideration for good s produced and services 1244 
provided by the person to governmental entities in the ordinary 1245 
course of its operation of the project are not state or local 1246 
government funds. 1247 
 Section 29.  Section 331.351, Florida Statutes, is amended 1248 
to read: 1249 
 331.351  Participation by business enterprises in women, 1250     
 
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minorities, and socially and economically disadvantaged areas 1251 
business enterprises encouraged.—It is the intent of the 1252 
Legislature and the public policy of this state that business 1253 
enterprises in women, minorities, and socially and economically 1254 
disadvantaged areas business enterprises be encouraged to 1255 
participate fully in all phases of economic and community 1256 
development. Accordingly, to achieve such purpose, Space Florida 1257 
shall, in accordance with applicable state an d federal law, 1258 
involve and utilize business enterprises in women, minorities, 1259 
and socially and economically disadvantaged areas business 1260 
enterprises in all phases of the design, development, 1261 
construction, maintenance, and operation of spaceports developed 1262 
under this act. 1263 
 Section 30.  Paragraph (a) of subsection (3) of section 1264 
445.004, Florida Statutes, is amended to read: 1265 
 445.004  CareerSource Florida, Inc., and the state board; 1266 
creation; purpose; membership; duties and powers. — 1267 
 (3)(a)  Members of the state board described in Pub. L. No. 1268 
113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting 1269 
members. The number of members is determined by the Governor, 1270 
who shall consider the importance of minority, gender, and 1271 
geographic representation in making appoi ntments to the state 1272 
board. When the Governor is in attendance, he or she shall 1273 
preside at all meetings of the state board. 1274 
 Section 31.  Subsections (9) through (15) of section 1275     
 
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445.007, Florida Statutes, are renumbered (8) through (14), 1276 
respectively, and subsection (1) and present subsection (8) of 1277 
that section are amended, to read: 1278 
 445.007  Local workforce development boards. — 1279 
 (1)  One local workforce development board shall be 1280 
appointed in each designated service delivery area and shall 1281 
serve as the local workforce development board pursuant to Pub. 1282 
L. No. 113-128. The membership of the local board must be 1283 
consistent with Pub. L. No. 113 -128, Title I, s. 107(b). If a 1284 
public education or training provider is represented on the 1285 
local board, a representa tive of a private education provider 1286 
must also be appointed to the local board. The state board may 1287 
waive this requirement if requested by a local board if it is 1288 
demonstrated that such representatives do not exist in the 1289 
region. The importance of minority and gender representation 1290 
shall be considered when making appointments to the local board. 1291 
The local board, its committees, subcommittees, and 1292 
subdivisions, and other units of the workforce system, including 1293 
units that may consist in whole or in part of lo cal governmental 1294 
units, may use any method of telecommunications to conduct 1295 
meetings, including establishing a quorum through 1296 
telecommunications, provided that the public is given proper 1297 
notice of the telecommunications meeting and reasonable access 1298 
to observe and, when appropriate, participate. Local boards are 1299 
subject to chapters 119 and 286 and s. 24, Art. I of the State 1300     
 
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Constitution. Each member of a local board who is not otherwise 1301 
required to file a full and public disclosure of financial 1302 
interests under s. 8, Art. II of the State Constitution or s. 1303 
112.3144 shall file a statement of financial interests under s. 1304 
112.3145. The executive director or designated person 1305 
responsible for the operational and administrative functions of 1306 
the local board who is n ot otherwise required to file a full and 1307 
public disclosure of financial interests under s. 8, Art. II of 1308 
the State Constitution or s. 112.3144 shall file a statement of 1309 
financial interests under s. 112.3145. The local board's 1310 
website, or the department's w ebsite if the local board does not 1311 
maintain a website, must inform the public that each disclosure 1312 
or statement has been filed with the Commission on Ethics and 1313 
provide information how each disclosure or statement may be 1314 
reviewed. The notice to the public must remain on the website 1315 
throughout the term of office or employment of the filer and 1316 
until 1 year after the term on the local board or employment 1317 
ends. 1318 
 (8)  The importance of minority and gender representation 1319 
shall be considered when appointments are made to any committee 1320 
established by the local workforce development board. 1321 
 Section 32.  Paragraph (b) of subsection (4) and subsection 1322 
(9) of section 445.08, Florida Statutes, are amended to read: 1323 
 445.08  Florida Law Enforcement Recruitment Bonus Paym ent 1324 
Program.— 1325     
 
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 (4)  The department shall develop an annual plan for the 1326 
administration of the program and distribution of bonus 1327 
payments. Applicable employing agencies shall assist the 1328 
department with the collection of any data necessary to 1329 
determine bonus payment amounts and to distribute the bonus 1330 
payments, and shall otherwise provide the department with any 1331 
information or assistance needed to fulfill the requirements of 1332 
this section. At a minimum, the plan must include: 1333 
 (b)  The minimum eligibility requ irements a newly employed 1334 
officer must meet to receive and retain a bonus payment, which 1335 
must include: 1336 
 1.  Obtaining certification for employment or appointment 1337 
as a law enforcement officer pursuant to s. 943.1395. 1338 
 2.  Gaining full-time employment with a Florida criminal 1339 
justice agency. 1340 
 3.  Maintaining continuous full-time employment with a 1341 
Florida criminal justice agency for at least 2 years from the 1342 
date on which the officer obtained certification. The required 1343 
2-year employment period may be satisfied by maintaining 1344 
employment at one or more employing agencies, but such period 1345 
must not contain any break in service longer than 180 15 1346 
calendar days. A law enforcement officer must provide 1347 
documentation to the department justifying any break in service. 1348 
The department shall establish the acceptable circumstances for 1349 
any such break in service through its rulemaking authority 1350     
 
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established in subsection (8). Any break in service does not 1351 
count towards satisfying the 2 -year full-time employment 1352 
requirement in this subparagraph. 1353 
 1354 
The department may establish other criteria deemed necessary to 1355 
determine bonus payment eligibility and distribution. 1356 
 (9)  This section expires July 1, 2025. 1357 
 Section 33.  Paragraph (a) of subsection (4) of section 1358 
447.203, Florida Sta tutes, is amended to read: 1359 
 447.203  Definitions. —As used in this part: 1360 
 (4)  "Managerial employees" are those employees who: 1361 
 (a)  Perform jobs that are not of a routine, clerical, or 1362 
ministerial nature and require the exercise of independent 1363 
judgment in the performance of such jobs and to whom one or more 1364 
of the following applies: 1365 
 1.  They formulate or assist in formulating policies which 1366 
are applicable to bargaining unit employees. 1367 
 2.  They may reasonably be required on behalf of the 1368 
employer to assist in the preparation for the conduct of 1369 
collective bargaining negotiations. 1370 
 3.  They have a role in the administration of agreements 1371 
resulting from collective bargaining negotiations. 1372 
 4.  They have a significant role in personnel 1373 
administration. 1374 
 5.  They have a significant role in employee relations. 1375     
 
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 6.  They are included in the definition of administrative 1376 
personnel contained in s. 1012.01(3). 1377 
 7.  They have a significant role in the preparation or 1378 
administration of budgets for any public agency or inst itution 1379 
or subdivision thereof. 1380 
 8.  They have a significant and specific role executing 1381 
statewide business and economic development projects in support 1382 
of business recruitment, retention, and expansion. 1383 
 1384 
However, in determining whether an individual is a managerial 1385 
employee pursuant to paragraph (a) or paragraph (b), above, the 1386 
commission may consider historic relationships of the employee 1387 
to the public employer and to coemployees. 1388 
 Section 34. A county and municipality may enter into an 1389 
agreement to create a regional planning entity pursuant to 1390 
chapter 163, Florida Statutes. 1391 
 Section 35. The Division of Law Revision is directed to 1392 
revise the title of chapter 186, Florida Statutes, to read 1393 
"State Planning." 1394 
 Section 36. Sections 186.501, 186.502, 1 86.503, 186.504, 1395 
186.505, 186.506, 186.507, 186.508, 186.509, 186.511, 186.512, 1396 
186.513, and 186.515, Florida Statutes, are repealed. 1397 
 Section 37.  Subsection (4) of section 120.525, Florida 1398 
Statutes, is amended to read: 1399 
 120.525  Meetings, hearings, and workshops.— 1400     
 
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 (4)  For purposes of establishing a quorum at meetings of 1401 
regional planning councils that cover three or more counties, a 1402 
voting member who appears via telephone, real -time 1403 
videoconferencing, or similar real -time electronic or video 1404 
communication that is broadcast publicly at the meeting location 1405 
may be counted toward the quorum requirement if at least one -1406 
third of the voting members of the regional planning council are 1407 
physically present at the meeting location. A member must 1408 
provide oral, written, or electronic notice of his or her intent 1409 
to appear via telephone, real -time videoconferencing, or similar 1410 
real-time electronic or video communication to the regional 1411 
planning council at least 24 hours before the scheduled meeting. 1412 
 Section 38.  Subsections (44) through (54) of section 1413 
163.3164, Florida Statutes, are renumbered as subsections (43) 1414 
through (53), respectively, and present subsections (43) and 1415 
(47) of that section are amended, to read: 1416 
 163.3164  Community Planning Act; defin itions.—As used in 1417 
this act: 1418 
 (43)  "Regional planning agency" means the council created 1419 
pursuant to chapter 186. 1420 
 (46)(47) "Structure" has the same meaning as in s. 1421 
380.031(18) s. 380.031(19). 1422 
 Section 39.  Paragraphs (b) and (c) of subsection (1) and 1423 
paragraph (b) of subsection (3) of section 163.3184, Florida 1424 
Statutes, are amended to read: 1425     
 
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 163.3184  Process for adoption of comprehensive plan or 1426 
plan amendment.— 1427 
 (1)  DEFINITIONS.—As used in this section, the term: 1428 
 (b)  "In compliance" means consiste nt with the requirements 1429 
of ss. 163.3177, 163.3178, 163.3180, 163.3191, 163.3245, and 1430 
163.3248, with the appropriate strategic regional policy plan, 1431 
and with the principles for guiding development in designated 1432 
areas of critical state concern and with part III of chapter 1433 
369, where applicable. 1434 
 (c)  "Reviewing agencies" means: 1435 
 1.  The state land planning agency; 1436 
 2.  The appropriate regional planning council; 1437 
 2.3. The appropriate water management district; 1438 
 3.4. The Department of Environmental Protectio n; 1439 
 4.5. The Department of State; 1440 
 5.6. The Department of Transportation; 1441 
 6.7. In the case of plan amendments relating to public 1442 
schools, the Department of Education; 1443 
 7.8. In the case of plans or plan amendments that affect a 1444 
military installation listed in s. 163.3175, the commanding 1445 
officer of the affected military installation; 1446 
 8.9. In the case of county plans and plan amendments, the 1447 
Fish and Wildlife Conservation Co mmission and the Department of 1448 
Agriculture and Consumer Services; and 1449 
 9.10. In the case of municipal plans and plan amendments, 1450     
 
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the county in which the municipality is located. 1451 
 (3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 1452 
COMPREHENSIVE PLAN AMEND MENTS.— 1453 
 (b)1.  The local government, after the initial public 1454 
hearing held pursuant to subsection (11), shall transmit within 1455 
10 working days the amendment or amendments and appropriate 1456 
supporting data and analyses to the reviewing agencies. The 1457 
local governing body shall also transmit a copy of the 1458 
amendments and supporting data and analyses to any other local 1459 
government or governmental agency that has filed a written 1460 
request with the governing body. 1461 
 2.  The reviewing agencies and any other local governm ent 1462 
or governmental agency specified in subparagraph 1. may provide 1463 
comments regarding the amendment or amendments to the local 1464 
government. State agencies shall only comment on important state 1465 
resources and facilities that will be adversely impacted by the 1466 
amendment if adopted. Comments provided by state agencies shall 1467 
state with specificity how the plan amendment will adversely 1468 
impact an important state resource or facility and shall 1469 
identify measures the local government may take to eliminate, 1470 
reduce, or mitigate the adverse impacts. Such comments, if not 1471 
resolved, may result in a challenge by the state land planning 1472 
agency to the plan amendment. Agencies and local governments 1473 
must transmit their comments to the affected local government 1474 
such that they are received by the local government not later 1475     
 
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than 30 days after the date on which the agency or government 1476 
received the amendment or amendments. Reviewing agencies shall 1477 
also send a copy of their comments to the state land planning 1478 
agency. 1479 
 3.  Comments to the local government from a regional 1480 
planning council, county, or municipality shall be limited as 1481 
follows: 1482 
 a.  The regional planning council review and comments shall 1483 
be limited to adverse effects on regional resources or 1484 
facilities identified in the str ategic regional policy plan and 1485 
extrajurisdictional impacts that would be inconsistent with the 1486 
comprehensive plan of any affected local government within the 1487 
region. A regional planning council may not review and comment 1488 
on a proposed comprehensive plan a mendment prepared by such 1489 
council unless the plan amendment has been changed by the local 1490 
government subsequent to the preparation of the plan amendment 1491 
by the regional planning council. 1492 
 a.b. County comments shall be in the context of the 1493 
relationship and effect of the proposed plan amendments on the 1494 
county plan. 1495 
 b.c. Municipal comments shall be in the context of the 1496 
relationship and effect of the proposed plan amendments on the 1497 
municipal plan. 1498 
 c.d. Military installation comments shall be provided in 1499 
accordance with s. 163.3175. 1500     
 
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 4.  Comments to the local government from state agencies 1501 
shall be limited to the following subjects as they relate to 1502 
important state resources and facilities that will be adversely 1503 
impacted by the amendment if adopted: 1504 
 a.  The Department of Environmental Protection shall limit 1505 
its comments to the subjects of air and water pollution; 1506 
wetlands and other surface waters of the state; federal and 1507 
state-owned lands and interest in lands, including state parks, 1508 
greenways and trails, and conservation easements; solid waste; 1509 
water and wastewater treatment; and the Everglades ecosystem 1510 
restoration. 1511 
 b.  The Department of State shall limit its comments to the 1512 
subjects of historic and archaeological resources. 1513 
 c.  The Department of Trans portation shall limit its 1514 
comments to issues within the agency's jurisdiction as it 1515 
relates to transportation resources and facilities of state 1516 
importance. 1517 
 d.  The Fish and Wildlife Conservation Commission shall 1518 
limit its comments to subjects relating to fish and wildlife 1519 
habitat and listed species and their habitat. 1520 
 e.  The Department of Agriculture and Consumer Services 1521 
shall limit its comments to the subjects of agriculture, 1522 
forestry, and aquaculture issues. 1523 
 f.  The Department of Education shall limit its comments to 1524 
the subject of public school facilities. 1525     
 
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 g.  The appropriate water management district shall limit 1526 
its comments to flood protection and floodplain management, 1527 
wetlands and other surface waters, and regional water supply. 1528 
 h.  The state land planning agency shall limit its comments 1529 
to important state resources and facilities outside the 1530 
jurisdiction of other commenting state agencies and may include 1531 
comments on countervailing planning policies and objectives 1532 
served by the plan amendment tha t should be balanced against 1533 
potential adverse impacts to important state resources and 1534 
facilities. 1535 
 Section 40.  Subsection (2) of section 163.3245, Florida 1536 
Statutes, is amended to read: 1537 
 163.3245  Sector plans. — 1538 
 (2)  The Upon the request of a local government having 1539 
jurisdiction, the applicable regional planning council shall 1540 
conduct a scoping meeting with affected local governments and 1541 
those agencies identified in s. 163.3184(1)(c) before 1542 
preparation of the sector plan. The purpose of this meeting is 1543 
to assist the state land planning agency and the local 1544 
government in the identification of the relevant planning issues 1545 
to be addressed and the data and resources available to assist 1546 
in the preparation of the sector plan. If a scoping meeting is 1547 
conducted, the regional planning council shall make written 1548 
recommendations to the state land planning agency and affected 1549 
local governments on the issues requested by the local 1550     
 
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government. The scoping meeting shall be noticed and open to the 1551 
public. If the entire p lanning area proposed for the sector plan 1552 
is within the jurisdiction of two or more local governments, 1553 
some or all of them may enter into a joint planning agreement 1554 
pursuant to s. 163.3171 with respect to the geographic area to 1555 
be subject to the sector pla n, the planning issues that will be 1556 
emphasized, procedures for intergovernmental coordination to 1557 
address extrajurisdictional impacts, supporting application 1558 
materials including data and analysis, procedures for public 1559 
participation, or other issues. 1560 
 Section 41.  Subsection (5) of section 186.003, Florida 1561 
Statutes, is amended to read: 1562 
 186.003  Definitions; ss. 186.001 -186.031, 186.801-1563 
186.901.—As used in ss. 186.001 -186.031 and 186.801-186.901, the 1564 
term: 1565 
 (5)  "Regional planning agency" means the regiona l planning 1566 
council created pursuant to ss. 186.501 -186.515 to exercise 1567 
responsibilities under ss. 186.001 -186.031 and 186.801-186.901 1568 
in a particular region of the state. 1569 
 Section 42.  Subsection (7) of section 186.006, Florida 1570 
Statutes, is amended to re ad: 1571 
 186.006  Powers and responsibilities of Executive Office of 1572 
the Governor.—For the purpose of establishing consistency and 1573 
uniformity in the state and regional planning process and in 1574 
order to ensure that the intent of ss. 186.001 -186.031 and 1575     
 
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186.801-186.901 is accomplished, the Executive Office of the 1576 
Governor shall: 1577 
 (7)  Act as the state clearinghouse and designate the 1578 
regional planning councils as the regional data clearinghouses . 1579 
 Section 43.  Subsections (7) and (8) of section 186.007, 1580 
Florida Statutes, are amended to read: 1581 
 186.007  State comprehensive plan; preparation; revision. — 1582 
 (7)  In preparing and revising the state comprehensive 1583 
plan, the Executive Office of the Governor shall, to the extent 1584 
feasible, consider studies, reports, and plan s of each 1585 
department, agency, and institution of state and local 1586 
government, each regional planning agency, and the Federal 1587 
Government and shall take into account the existing and 1588 
prospective resources, capabilities, and needs of state and 1589 
local levels of government. 1590 
 (8)  The revision of the state comprehensive plan is a 1591 
continuing process. Each section of the plan shall be reviewed 1592 
and analyzed biennially by the Executive Office of the Governor 1593 
in conjunction with the planning officers of other state 1594 
agencies significantly affected by the provisions of the 1595 
particular section under review. In conducting this review and 1596 
analysis, the Executive Office of the Governor shall review and 1597 
consider, with the assistance of the state land planning agency , 1598 
any relevant reports, data, or analyses and regional planning 1599 
councils, the evaluation and appraisal reports prepared pursuant 1600     
 
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to s. 186.511. Any necessary revisions of the state 1601 
comprehensive plan shall be proposed by the Governor in a 1602 
written report and be accompan ied by an explanation of the need 1603 
for such changes. If the Governor determines that changes are 1604 
unnecessary, the written report must explain why changes are 1605 
unnecessary. The proposed revisions and accompanying 1606 
explanations may be submitted in the report re quired by s. 1607 
186.031. Any proposed revisions to the plan shall be submitted 1608 
to the Legislature as provided in s. 186.008(2) at least 30 days 1609 
prior to the regular legislative session occurring in each even -1610 
numbered year. 1611 
 Section 44.  Paragraph (b) of sub section (1) of section 1612 
215.559, Florida Statutes, is amended to read: 1613 
 215.559  Hurricane Loss Mitigation Program. —A Hurricane 1614 
Loss Mitigation Program is established in the Division of 1615 
Emergency Management. 1616 
 (1)  The Legislature shall annually appropriate $10 million 1617 
of the moneys authorized for appropriation under s. 1618 
215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 1619 
division for the purposes set forth in this section. Of the 1620 
amount: 1621 
 (b)  Three million dollars in funds shall be used to 1622 
construct or retrofit facilities used as public hurricane 1623 
shelters. Each year the division shall prioritize the use of 1624 
these funds for projects included in the annual report of the 1625     
 
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Shelter Development Report prepared in accordance with s. 1626 
252.385(3). The divisi on must give funding priority to projects 1627 
in regional planning council regions in existence on January 1, 1628 
2025, that have shelter deficits and to projects that maximize 1629 
the use of state funds. 1630 
 Section 45.  Paragraph (b) of subsection (2) and subsection 1631 
(3) of section 252.385, Florida Statutes, are amended to read: 1632 
 252.385  Public shelter space; public records exemption. — 1633 
 (2) 1634 
 (b)  By January 31 of each even -numbered year, the division 1635 
shall prepare and submit a statewide emergency shelter plan to 1636 
the Governor and Cabinet for approval, subject to the 1637 
requirements for approval in s. 1013.37(2). The emergency 1638 
shelter plan must project, for each of the next 5 years, the 1639 
hurricane shelter needs of the state, including periods of time 1640 
during which a concurren t public health emergency may 1641 
necessitate more space for each individual to accommodate 1642 
physical distancing. In addition to information on the general 1643 
shelter needs throughout this state, the plan must identify the 1644 
general location and square footage of sp ecial needs shelters, 1645 
by regional planning council region in existence on January 1, 1646 
2025. The plan must also include information on the availability 1647 
of shelters that accept pets. The Department of Health shall 1648 
assist the division in determining the estima ted need for 1649 
special needs shelter space and the adequacy of facilities to 1650     
 
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meet the needs of persons with special needs based on 1651 
information from the registries of persons with special needs 1652 
and other information. 1653 
 (3)  The division shall annually provide to the President 1654 
of the Senate, the Speaker of the House of Representatives, and 1655 
the Governor a list of facilities recommended to be retrofitted 1656 
using state funds. State funds should be maximized and targeted 1657 
to regional planning council regions in existence on January 1, 1658 
2025, with hurricane evacuation shelter deficits. The owner or 1659 
lessee of a public hurricane evacuation shelter that is included 1660 
on the list of facilities recommended for retrofitting is not 1661 
required to perform any recommended improvements. 1662 
 Section 46.  Paragraph (b) of subsection (26) of section 1663 
320.08058, Florida Statutes, is amended to read: 1664 
 320.08058  Specialty license plates. — 1665 
 (26)  TAMPA BAY ESTUARY LICENSE PLATES. — 1666 
 (b)  The annual use fees shall be distributed to the Tampa 1667 
Bay Estuary Program created by s. 163.01. 1668 
 1.  A maximum of 5 percent of such fees may be used for 1669 
marketing the plate. 1670 
 2.  Twenty percent of the proceeds from the annual use fee, 1671 
not to exceed $50,000, shall be provided to the Tampa Bay 1672 
Regional Planning Coun cil for activities of the Agency on Bay 1673 
Management implementing the Council/Agency Action Plan for the 1674 
restoration of the Tampa Bay estuary, as approved by the Tampa 1675     
 
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Bay Estuary Program Policy Board. 1676 
 2.3. The remaining proceeds must be used to implement the 1677 
Comprehensive Conservation and Management Plan for Tampa Bay, 1678 
pursuant to priorities approved by the Tampa Bay Estuary Program 1679 
Policy Board. 1680 
 Section 47.  Paragraph (c) of subsection (3) of section 1681 
338.2278, Florida Statutes, as amended by section 91 of chapter 1682 
2020-114, Laws of Florida, is amended to read: 1683 
 338.2278  Multi-use Corridors of Regional Economic 1684 
Significance Program. — 1685 
 (3) 1686 
 (c)1.  During the project development phase, the department 1687 
shall utilize an inclusive, consensus -building mechanism for 1688 
each proposed multiuse corridor identified in subsection (2). 1689 
For each multiuse corridor identified in subsection (2), the 1690 
department shall convene a corridor task force composed of 1691 
appropriate representatives of: 1692 
 a.  The Department of Environmental Protection; 1693 
 b.  The Department of Economic Opportunity; 1694 
 c.  The Department of Education; 1695 
 d.  The Department of Health; 1696 
 e.  The Fish and Wildlife Conservation Commission; 1697 
 f.  The Department of Agriculture and Consumer Services; 1698 
 g.  The local water management district or districts; 1699 
 h.  A local government official from each local government 1700     
 
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within a proposed corridor; 1701 
 i.  Metropolitan planning organizations; 1702 
 j.  Regional planning councils; 1703 
 j.k. The community, who may be an individual or a member 1704 
of a nonprofit community organization, as determined by the 1705 
department; and 1706 
 k.l. Appropriate environmental groups, such as 1000 1707 
Friends of Florida, Audubon Florida, the Everglades Foundation, 1708 
The Nature Conservancy, the Florida Sierra Club, and the Flori da 1709 
Wildlife Corridor, as determined by the department. 1710 
 2.  The secretary of the department shall appoint the 1711 
members of the respective corridor task forces by August 1, 1712 
2019. 1713 
 3.  Each corridor task force shall coordinate with the 1714 
department on pertinent aspects of corridor analysis, including 1715 
accommodation or colocation of multiple types of infrastructure, 1716 
addressing issues such as those identified in subsection (1), 1717 
within or adjacent to the corridor. 1718 
 4.  Each corridor task force shall evaluate the need for, 1719 
and the economic and environmental impacts of, hurricane 1720 
evacuation impacts of, and land use impacts of, the related 1721 
corridor as identified in subsection (2). 1722 
 5.  Each corridor task force shall hold a public meeting in 1723 
accordance with chapter 286 in each local government 1724 
jurisdiction in which a project within an identified corridor is 1725     
 
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being considered. 1726 
 6.  To the maximum extent feasible, the department shall 1727 
adhere to the recommendations of the task force created for each 1728 
corridor in the design of t he multiple modes of transportation 1729 
and multiple types of infrastructure associated with the 1730 
corridor. The task force for each corridor may consider and 1731 
recommend innovative concepts to combine right -of-way 1732 
acquisition with the acquisition of lands or ease ments to 1733 
facilitate environmental mitigation or ecosystem, wildlife 1734 
habitat, or water quality protection or restoration. The 1735 
department, in consultation with the Department of Environmental 1736 
Protection, may incorporate those features into each corridor 1737 
during the project development phase. 1738 
 7.  The Southwest-Central Florida Connector corridor task 1739 
force shall: 1740 
 a.  Address the impacts of the construction of a project 1741 
within the corridor on panther and other critical wildlife 1742 
habitat and evaluate in its final report the need for 1743 
acquisition of lands for state conservation or as mitigation for 1744 
project construction; and 1745 
 b.  Evaluate wildlife crossing design features to protect 1746 
panther and other critical wildlife habitat corridor 1747 
connections. 1748 
 8.  The Suncoast Connector corridor task force and the 1749 
Northern Turnpike Connector corridor task force shall evaluate 1750     
 
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design features and the need for acquisition of state 1751 
conservation lands that mitigate the impact of project 1752 
construction within the respective corridors on : 1753 
 a.  The water quality and quantity of springs, rivers, and 1754 
aquifer recharge areas; 1755 
 b.  Agricultural land uses; and 1756 
 c.  Wildlife habitat. 1757 
 9.  Each corridor task force shall issue its evaluations in 1758 
a final report that must be submitted to the Governor , the 1759 
President of the Senate, and the Speaker of the House of 1760 
Representatives by November 15, 2020 October 1, 2020. 1761 
 10.  The department shall provide affected local 1762 
governments with a copy of the applicable task force report and 1763 
project alignments. Not l ater than December 31, 2023, a local 1764 
government that has an interchange within its jurisdiction shall 1765 
review the applicable task force report and its local 1766 
comprehensive plan as adopted under chapter 163. The local 1767 
government review must include considerat ion of whether the area 1768 
in and around the interchange contains appropriate land uses and 1769 
natural resource protections and whether the comprehensive plan 1770 
should be amended to provide such appropriate uses and 1771 
protections. 1772 
 Section 48.  Subsection (1) of s ection 369.303, Florida 1773 
Statutes, is amended to read: 1774 
 369.303  Definitions. —As used in this part: 1775     
 
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 (1)  "Council" means the East Central Florida Regional 1776 
Planning Council. 1777 
 Section 49.  Subsection (3) of section 369.307, Florida 1778 
Statutes, is amended to read: 1779 
 369.307  Developments of regional impact in the Wekiva 1780 
River Protection Area; land acquisition. — 1781 
 (3)  The Wekiva River Protection Area is hereby declared to 1782 
be a natural resource of state and regional importance. The St. 1783 
Johns River Water Management District East Central Florida 1784 
Regional Planning Council shall adopt policies that as part of 1785 
its strategic regional policy plan and regional issues list 1786 
which will protect the water quantity, water quality, hydrology, 1787 
wetlands, aquatic and wetla nd-dependent wildlife species, 1788 
habitat of species designated pursuant to rules 39 -27.003, 39-1789 
27.004, and 39-27.005, Florida Administrative Code , and native 1790 
vegetation in the Wekiva River Protection Area. The water 1791 
management district council shall also cooperate with the 1792 
department in the department's implementation of the provisions 1793 
of s. 369.305. 1794 
 Section 50. Section 369.324, Florida Statutes, is 1795 
repealed. 1796 
 Section 51.  Subsections (3), (4), (7), (8), and (12) of 1797 
section 380.05, Florida Statutes, are amended to read: 1798 
 380.05  Areas of critical state concern. — 1799 
 (3)  Each local government regional planning agency may 1800     
 
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recommend to the state land planning agency from time to time 1801 
areas wholly or partially within its jurisdiction that meet the 1802 
criteria for areas of critical state concern as defined in this 1803 
section. Each regional planning agency shall solicit from the 1804 
local governments within its jurisdiction suggestions as to 1805 
areas to be recommended. A local government in an area where 1806 
there is no regional planning agency may recommend to the state 1807 
land planning agency from time to time areas wholly or partially 1808 
within its jurisdiction that meet the criteria for areas of 1809 
critical state concern as defined in this section. If the state 1810 
land planning agency does not recommend to the commission as an 1811 
area of critical state concern an area substantially similar to 1812 
one that has been recommended, it shall respond in writing as to 1813 
its reasons therefor. 1814 
 (4)  Before Prior to submitting any recommendation to the 1815 
commission under subs ection (1), the state land planning agency 1816 
shall give notice to any committee appointed pursuant to s. 1817 
380.045 and to all local governments and regional planning 1818 
agencies that include within their boundaries any part of any 1819 
area of critical state concern p roposed to be designated by the 1820 
rule, in addition to any notice otherwise required under chapter 1821 
120. 1822 
 (7)  The state land planning agency and any applicable 1823 
regional planning agency shall, to the greatest extent possible, 1824 
provide technical assistance to l ocal governments in the 1825     
 
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preparation of the land development regulations and local 1826 
comprehensive plan for areas of critical state concern. 1827 
 (8)  If any local government fails to submit land 1828 
development regulations or a local comprehensive plan, or if the 1829 
regulations or plan or plan amendment submitted do not comply 1830 
with the principles for guiding development set out in the rule 1831 
designating the area of critical state concern, within 120 days 1832 
after the adoption of the rule designating an area of critical 1833 
state concern, or within 120 days after the issuance of a 1834 
recommended order on the compliance of the plan or plan 1835 
amendment pursuant to s. 163.3184, or within 120 days after the 1836 
effective date of an order rejecting a proposed land development 1837 
regulation, the state land planning agency shall submit to the 1838 
commission recommended land development regulations and a local 1839 
comprehensive plan or portions thereof applicable to that local 1840 
government's portion of the area of critical state concern. 1841 
Within 45 days followin g receipt of the recommendation from the 1842 
agency, the commission shall either reject the recommendation as 1843 
tendered or adopt the recommendation with or without 1844 
modification, and by rule establish land development regulations 1845 
and a local comprehensive plan a pplicable to that local 1846 
government's portion of the area of critical state concern. 1847 
However, such rule shall not become effective before prior to 1848 
legislative review of an area of critical state concern pursuant 1849 
to paragraph (1)(c). In the rule, the commiss ion shall specify 1850     
 
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the extent to which its land development regulations, plans, or 1851 
plan amendments will supersede, or will be supplementary to, 1852 
local land development regulations and plans. Notice of any 1853 
proposed rule issued under this section shall be give n to all 1854 
local governments and regional planning agencies in the area of 1855 
critical state concern, in addition to any other notice required 1856 
under chapter 120. The land development regulations and local 1857 
comprehensive plan adopted by the commission under this section 1858 
may include any type of regulation and plan that could have been 1859 
adopted by the local government. Any land development 1860 
regulations or local comprehensive plan or plan amendments 1861 
adopted by the commission under this section shall be 1862 
administered by the local government as part of, or in the 1863 
absence of, the local land development regulations and local 1864 
comprehensive plan. 1865 
 (12)  Upon the request of a substantially interested person 1866 
pursuant to s. 120.54(7), a local government or regional 1867 
planning agency within the designated area, or the state land 1868 
planning agency, the commission may by rule remove, contract, or 1869 
expand any designated boundary. Boundary expansions are subject 1870 
to legislative review pursuant to paragraph (1)(c). No boundary 1871 
may be modified without a specific finding by the commission 1872 
that such changes are consistent with necessary resource 1873 
protection. The total boundaries of an entire area of critical 1874 
state concern shall not be removed by the commission unless a 1875     
 
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minimum time of 1 year has e lapsed from the adoption of 1876 
regulations and a local comprehensive plan pursuant to 1877 
subsection (1), subsection (6), subsection (8), or subsection 1878 
(10). Before totally removing such boundaries, the commission 1879 
shall make findings that the regulations and plan s adopted 1880 
pursuant to subsection (1), subsection (6), subsection (8), or 1881 
subsection (10) are being effectively implemented by local 1882 
governments within the area of critical state concern to protect 1883 
the area and that adopted local government comprehensive pl ans 1884 
within the area have been conformed to principles for guiding 1885 
development for the area. 1886 
 Section 52.  Subsection (2) of section 380.045, Florida 1887 
Statutes, is amended to read: 1888 
 380.045  Resource planning and management committees; 1889 
objectives; procedur es.— 1890 
 (2)  The committee must include, but is not limited to, 1891 
representation from each of the following: elected officials 1892 
from the local governments within the area under study; the 1893 
planning office of each of the local governments within the area 1894 
under study; the state land planning agency; any other state 1895 
agency under chapter 20 a representative of which the Governor 1896 
feels is relevant to the compilation of the committee; and a 1897 
water management district, if appropriate , and regional planning 1898 
council all or part of whose jurisdiction lies within the area 1899 
under study. After the appointment of the members, the Governor 1900     
 
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shall select a chair and vice chair. A staff member of the state 1901 
land planning agency shall be appointed by the secretary of such 1902 
agency to serve as the secretary of the committee. The state 1903 
land planning agency shall, to the greatest extent possible, 1904 
provide technical assistance and administrative support to the 1905 
committee. Meetings will be called as needed by the chair or on 1906 
the demand of three or more members of the committee. The 1907 
committee will act on a simple majority of a quorum present and 1908 
shall make a report within 6 months to the head of the state 1909 
land planning agency. The committee must, from the time of 1910 
appointment, remain in existence f or no less than 6 months. 1911 
 Section 53. For the purpose of incorporating the amendment 1912 
made by this act to section 380.045, Florida Statutes, in a 1913 
reference thereto, subsection (6) of section 380.0552, Florida 1914 
Statutes, is reenacted to read: 1915 
380.0552 Florida Keys Area; protection and designation as area 1916 
of critical state concern. — 1917 
 (6)  RESOURCE PLANNING AND MANAGEMENT COMMITTEE. —The 1918 
Governor, acting as the chief planning officer of the state, 1919 
shall appoint a resource planning and management committee for 1920 
the Florida Keys Area with the membership as specified in s. 1921 
380.045(2). Meetings shall be called as needed by the chair or 1922 
on the demand of three or more members of the committee. The 1923 
committee shall: 1924 
 (a)  Serve as a liaison between the state and local 1925     
 
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governments within Monroe County. 1926 
 (b)  Develop, with local government officials in the 1927 
Florida Keys Area, recommendations to the state land planning 1928 
agency as to the sufficiency of the Florida Keys Area's 1929 
comprehensive plan and land development regulation s. 1930 
 (c)  Recommend to the state land planning agency changes to 1931 
state and regional plans and regulatory programs affecting the 1932 
Florida Keys Area. 1933 
 (d)  Assist units of local government within the Florida 1934 
Keys Area in carrying out the planning functions and other 1935 
responsibilities required by this section. 1936 
 (e)  Review, at a minimum, all reports and other materials 1937 
provided to it by the state land planning agency or other 1938 
governmental agencies. 1939 
 Section 54.  Subsections (3) and (6) of section 403.7225, 1940 
Florida Statutes, are amended to read: 1941 
 403.7225  Local hazardous waste management assessments. — 1942 
 (3)  Each county or regional planning council shall 1943 
coordinate the local hazardous waste management assessments 1944 
within its jurisdiction according to guidelines es tablished 1945 
under s. 403.7226. If a county declines to perform the local 1946 
hazardous waste management assessment, the county shall make 1947 
arrangements with the department its regional planning council 1948 
to perform the assessment. 1949 
 (6)  Unless performed by the coun ty pursuant to subsection 1950     
 
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(3), the department regional planning councils shall upon 1951 
successful arrangements with a county: 1952 
 (a)  Perform local hazardous waste management assessments; 1953 
 (b)  Provide any technical expertise needed by the counties 1954 
in developing the assessments. 1955 
 Section 55.  Subsection (2) of section 403.723, Florida 1956 
Statutes, is amended to read: 1957 
 403.723  Siting of hazardous waste facilities. —It is the 1958 
intent of the Legislature to facilitate siting of proper 1959 
hazardous waste storage facilitie s in each region and any 1960 
additional storage, treatment, or disposal facilities as 1961 
required. The Legislature recognizes the need for facilitating 1962 
disposal of waste produced by small generators, reducing the 1963 
volume of wastes generated in the state, reducing the toxicity 1964 
of wastes generated in the state, and providing treatment and 1965 
disposal facilities in the state. 1966 
 (2)  After each county designates areas for storage 1967 
facilities, the department each regional planning council shall 1968 
designate one or more sites at which a regional hazardous waste 1969 
storage or treatment facility could be constructed. 1970 
 Section 56.  Subsection (27) of section 403.503, Florida 1971 
Statutes, is amended to read: 1972 
 403.503  Definitions relating to Florida E lectrical Power 1973 
Plant Siting Act.—As used in this act: 1974 
 (27)  "Regional planning council" means a regional planning 1975     
 
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council as defined in s. 186.503(4) in the jurisdiction of which 1976 
the electrical power plant is proposed to be located. 1977 
 Section 57.  Subsection (21) of section 403.522, Florida 1978 
Statutes, is amended to read: 1979 
 403.522  Definitions relating to the Florida Electric 1980 
Transmission Line Siting Act. —As used in this act: 1981 
 (21)  "Regional planning council" means a regional planning 1982 
council as defined i n s. 186.503(4) in the jurisdiction of which 1983 
the project is proposed to be located. 1984 
 Section 58.  Paragraphs (b) and (d) of subsection (1) of 1985 
section 408.033, Florida Statutes, are amended to read: 1986 
 408.033  Local and state health planning. — 1987 
 (1)  LOCAL HEALTH COUNCILS.— 1988 
 (b)  Each local health council may: 1989 
 1.  Develop a district area health plan that permits each 1990 
local health council to develop strategies and set priorities 1991 
for implementation based on its unique local health needs. 1992 
 2.  Advise the agenc y on health care issues and resource 1993 
allocations. 1994 
 3.  Promote public awareness of community health needs, 1995 
emphasizing health promotion and cost -effective health service 1996 
selection. 1997 
 4.  Collect data and conduct analyses and studies related 1998 
to health care needs of the district, including the needs of 1999 
medically indigent persons, and assist the agency and other 2000     
 
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state agencies in carrying out data collection activities that 2001 
relate to the functions in this subsection. 2002 
 5.  Monitor the onsite construction progres s, if any, of 2003 
certificate-of-need approved projects and report council 2004 
findings to the agency on forms provided by the agency. 2005 
 6.  Advise and assist any regional planning councils within 2006 
each district that have elected to address health issues in 2007 
their strategic regional policy plans with the development of 2008 
the health element of the plans to address the health goals and 2009 
policies in the State Comprehensive Plan. 2010 
 6.7. Advise and assist local governments within each 2011 
district on the development of an optiona l health plan element 2012 
of the comprehensive plan provided in chapter 163, to assure 2013 
compatibility with the health goals and policies in the State 2014 
Comprehensive Plan and district health plan. To facilitate the 2015 
implementation of this section, the local health council shall 2016 
annually provide the local governments in its service area, upon 2017 
request, with: 2018 
 a.  A copy and appropriate updates of the district health 2019 
plan; 2020 
 b.  A report of nursing home utilization statistics for 2021 
facilities within the local government jurisdiction; and 2022 
 c.  Applicable agency rules and calculated need 2023 
methodologies for health facilities and services regulated under 2024 
s. 408.034 for the district served by the local health council. 2025     
 
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 7.8. Monitor and evaluate the adequacy, appropriateness, 2026 
and effectiveness, within the district, of local, state, 2027 
federal, and private funds distributed to meet the needs of the 2028 
medically indigent and other underserved population groups. 2029 
 8.9. In conjunction with the Department of Health, plan 2030 
for services at the local level for persons infected with the 2031 
human immunodeficiency virus. 2032 
 9.10. Provide technical assistance to encourage and 2033 
support activities by providers, purchasers, consumers, and 2034 
local, regional, and state agencies in meeting the health care 2035 
goals, objectives, and policies adopted by the local health 2036 
council. 2037 
 10.11. Provide the agency with data required by rule for 2038 
the review of certificate -of-need applications and the 2039 
projection of need for health facilities in the district. 2040 
 (d)  Each local health council shall enter into a 2041 
memorandum of agreement with each regional planning council in 2042 
its district that elects to address health issues in its 2043 
strategic regional policy plan. In addition, each local health 2044 
council shall enter into a memorandum of a greement with each 2045 
local government that includes an optional health element in its 2046 
comprehensive plan. Each memorandum of agreement must specify 2047 
the manner in which each local government , regional planning 2048 
council, and local health council will coordinate its activities 2049 
to ensure a unified approach to health planning and 2050     
 
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implementation efforts. 2051 
 Section 59.  Subsection (1) of section 420.609, Florida 2052 
Statutes, is amended to read: 2053 
 420.609  Affordable Housing Study Commission.—Because the 2054 
Legislature firmly supports affordable housing in Florida for 2055 
all economic classes: 2056 
 (1)  There is created the Affordable Housing Study 2057 
Commission, which shall be composed of 20 21 members to be 2058 
appointed by the Governor: 2059 
 (a)  One citizen actively engaged in the residential home 2060 
building industry. 2061 
 (b)  One citizen actively engaged in the home mortgage 2062 
lending profession. 2063 
 (c)  One citizen actively engaged in the real estate sales 2064 
profession. 2065 
 (d)  One citizen actively engaged in a partment development. 2066 
 (e)  One citizen actively engaged in the management and 2067 
operation of a rental housing development. 2068 
 (f)  Two citizens who represent very -low-income and low-2069 
income persons. 2070 
 (g)  One citizen representing a community -based 2071 
organization with experience in housing development. 2072 
 (h)  One citizen representing a community -based 2073 
organization with experience in housing development in a 2074 
community with a population of less than 50,000 persons. 2075     
 
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 (i)  Two citizens who represent elderly persons' ho using 2076 
interests. 2077 
 (j)  One representative of regional planning councils. 2078 
 (j)(k) One representative of the Florida League of Cities. 2079 
 (k)(l) One representative of the Florida Association of 2080 
Counties. 2081 
 (l)(m) Two citizens representing statewide growth 2082 
management organizations. 2083 
 (m)(n) One citizen of the state to serve as chair of the 2084 
commission. 2085 
 (n)(o) One citizen representing a residential community 2086 
developer. 2087 
 (o)(p) One member who is a resident of the state. 2088 
 (p)(q) One representative from a local housing authority. 2089 
 (q)(r) One citizen representing the housing interests of 2090 
homeless persons. 2091 
 Section 60.  Subsection (2) of section 17.11, Florida 2092 
Statutes, is amended to read: 2093 
 17.11  To report disbursements made. — 2094 
 (2)  The Chief Financial Officer shall also cause to have 2095 
reported from the Florida Accounting Information Resource 2096 
Subsystem no less than quarterly the disbursements which 2097 
agencies made to small businesses, as defined in the Assistance 2098 
to Florida Small Businesses and Businesses in Economically 2099 
Disadvantaged Areas Minority Business Assistance Act, and; to 2100     
 
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certified minority business enterprises in economically 2101 
disadvantaged areas in the aggregate; and to certified minority 2102 
business enterprises broken down into categories of minority 2103 
persons, as well as gender and nationality subgroups . This 2104 
information shall be made available to the agencies, the Office 2105 
of Supplier Development Diversity, the Governor, the President 2106 
of the Senate, and the Speaker of the House of Representatives. 2107 
Each agency shall be responsible for the accuracy of information 2108 
entered into the Florida Accounting Information Resource 2109 
Subsystem for use in this reporting. 2110 
 Section 61.  Section 24.113, Florida Statutes, is amended 2111 
to read: 2112 
 24.113  Minority Participation by business enterprises in 2113 
economically disadvantaged areas .— 2114 
 (1) It is the intent of the Legislature that the 2115 
department encourage participation by a business enterprise in 2116 
an economically disadvantaged area minority business enterprises 2117 
as defined in s. 288. 703. Accordingly, 15 percent of the 2118 
retailers shall be minority business enterprises in economically 2119 
disadvantaged areas as defined in s. 288.703(3); however, no 2120 
more than 35 percent of such retailers shall be owned by the 2121 
same type of minority person, as defined in s. 288.703(4) . The 2122 
department is encouraged to meet the minority business 2123 
enterprise in an economically disadvantaged area procurement 2124 
goals set forth in s. 287.09451 in the procurement of 2125     
 
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commodities, contractual services, construction, and 2126 
architectural and engineering services. This section shall not 2127 
preclude or prohibit a minority person from competing for any 2128 
other retailing or vending agreement awarded by the department. 2129 
 (2)  The department is directed to undertake training 2130 
programs and other educational activities to enable minority 2131 
persons to compete for such contracts on an equal basis. 2132 
 Section 62.  Subsection (9) of section 120.65, Florida 2133 
Statutes, is amended to read: 2134 
 120.65  Administrative law judges. — 2135 
 (9)  The division shall be reimbursed for administrative 2136 
law judge services and travel expenses by the following 2137 
entities: water management districts, regional planning 2138 
councils, school districts, community colleges, the Division of 2139 
Florida Colleges, state universities, the Board of Governors of 2140 
the State University System, the State Board of Education, the 2141 
Florida School for the Deaf and the Blind, and the Commission 2142 
for Independent Education. These entities shall contract with 2143 
the division to establish a contract rate for services and 2144 
provisions for reimbursement of administrative law judge travel 2145 
expenses and video teleconferencing expenses attributable to 2146 
hearings conducted on behalf of these entities. The contract 2147 
rate must be based on a total -cost-recovery methodology. 2148 
 Section 63.  Paragraph (h) of subsection (6) of section 2149 
163.3177, Florida Statutes, is amended to read: 2150     
 
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 163.3177  Required and optional elements of comprehensive 2151 
plan; studies and surveys. — 2152 
 (6)  In addition to the requirements of sub sections (1)-2153 
(5), the comprehensive plan shall include the following 2154 
elements: 2155 
 (h)1.  An intergovernmental coordination element showing 2156 
relationships and stating principles and guidelines to be used 2157 
in coordinating the adopted comprehensive plan with the plans of 2158 
school boards, regional water supply authorities, and other 2159 
units of local government providing services but not having 2160 
regulatory authority over the use of land, with the 2161 
comprehensive plans of adjacent municipalities, the county, 2162 
adjacent counties, or the region, with the state comprehensive 2163 
plan and with the applicable regional water supply plan approved 2164 
pursuant to s. 373.709, as the case may require and as such 2165 
adopted plans or plans in preparation may exist. This element of 2166 
the local comprehensive plan must demonstrate consideration of 2167 
the particular effects of the local plan, when adopted, upon the 2168 
development of adjacent municipalities, the county, adjacent 2169 
counties, or the region, or upon the state comprehensive plan, 2170 
as the case may requir e. 2171 
 a.  The intergovernmental coordination element must provide 2172 
procedures for identifying and implementing joint planning 2173 
areas, especially for the purpose of annexation, municipal 2174 
incorporation, and joint infrastructure service areas. 2175     
 
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 b.  The intergovernmental coordination element shall 2176 
provide for a dispute resolution process , as established 2177 
pursuant to s. 186.509, for bringing intergovernmental disputes 2178 
to closure in a timely manner. 2179 
 c.  The intergovernmental coordination element shall 2180 
provide for interlocal agreements as established pursuant to s. 2181 
333.03(1)(b). 2182 
 2.  The intergovernmental coordination element shall also 2183 
state principles and guidelines to be used in coordinating the 2184 
adopted comprehensive plan with the plans of school boards and 2185 
other units of local government providing facilities and 2186 
services but not having regulatory authority over the use of 2187 
land. In addition, the intergovernmental coordination element 2188 
must describe joint processes for collaborative planning and 2189 
decisionmaking on popul ation projections and public school 2190 
siting, the location and extension of public facilities subject 2191 
to concurrency, and siting facilities with countywide 2192 
significance, including locally unwanted land uses whose nature 2193 
and identity are established in an agr eement. 2194 
 3.  Within 1 year after adopting their intergovernmental 2195 
coordination elements, each county, all the municipalities 2196 
within that county, the district school board, and any unit of 2197 
local government service providers in that county shall 2198 
establish by interlocal or other formal agreement executed by 2199 
all affected entities, the joint processes described in this 2200     
 
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subparagraph consistent with their adopted intergovernmental 2201 
coordination elements. The agreement must: 2202 
 a.  Ensure that the local government add resses through 2203 
coordination mechanisms the impacts of development proposed in 2204 
the local comprehensive plan upon development in adjacent 2205 
municipalities, the county, adjacent counties, the region, and 2206 
the state. The area of concern for municipalities shall i nclude 2207 
adjacent municipalities, the county, and counties adjacent to 2208 
the municipality. The area of concern for counties shall include 2209 
all municipalities within the county, adjacent counties, and 2210 
adjacent municipalities. 2211 
 b.  Ensure coordination in establis hing level of service 2212 
standards for public facilities with any state, regional, or 2213 
local entity having operational and maintenance responsibility 2214 
for such facilities. 2215 
 Section 64.  Subsection (5) of section 163.3178, Florida 2216 
Statutes, is amended to read: 2217 
 163.3178  Coastal management. — 2218 
 (5)  A The appropriate dispute resolution process provided 2219 
under s. 186.509 must be used to reconcile inconsistencies 2220 
between port master plans and local comprehensive plans. In 2221 
recognition of the state's commitment to dee pwater ports, the 2222 
state comprehensive plan must include goals, objectives, and 2223 
policies that establish a statewide strategy for enhancement of 2224 
existing deepwater ports, ensuring that priority is given to 2225     
 
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water-dependent land uses. As an incentive for promo ting plan 2226 
consistency, port facilities as defined in s. 315.02(6) on lands 2227 
owned or controlled by a deepwater port as defined in s. 2228 
311.09(1), as of the effective date of this act shall not be 2229 
subject to development -of-regional-impact review provided the 2230 
port either successfully completes an alternative comprehensive 2231 
development agreement with a local government pursuant to ss. 2232 
163.3220-163.3243 or successfully enters into a development 2233 
agreement with the state land planning agency and applicable 2234 
local government pursuant to s. 380.032 or, where the port is a 2235 
department of a local government, successfully enters into a 2236 
development agreement with the state land planning agency 2237 
pursuant to s. 380.032. Port facilities as defined in s. 2238 
315.02(6) on lands not own ed or controlled by a deepwater port 2239 
as defined in s. 311.09(1) as of the effective date of this act 2240 
shall not be subject to development -of-regional-impact review 2241 
provided the port successfully enters into a development 2242 
agreement with the state land planni ng agency and applicable 2243 
local government pursuant to s. 380.032 or, where the port is a 2244 
department of a local government, successfully enters into a 2245 
development agreement with the state land planning agency 2246 
pursuant to s. 380.032. 2247 
 Section 65.  Paragrap h (i) of subsection (2) of section 2248 
163.568, Florida Statutes, is amended to read: 2249 
 163.568  Purposes and powers. — 2250     
 
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 (2)  The authority is granted the authority to exercise all 2251 
powers necessary, appurtenant, convenient, or incidental to the 2252 
carrying out of the aforesaid purposes, including, but not 2253 
limited to, the following rights and powers: 2254 
 (i)  To develop transportation plans, and to coordinate its 2255 
planning and programs with those of appropriate municipal, 2256 
county, and state agencies and other political su bdivisions of 2257 
the state. All transportation plans are subject to review and 2258 
approval by the Department of Transportation and by the regional 2259 
planning agency, if any, for consistency with programs or 2260 
planning for the area and region. 2261 
 Section 66.  Subsect ion (2) of section 164.1031, Florida 2262 
Statutes, is amended to read: 2263 
 164.1031  Definitions. —For purposes of this act: 2264 
 (2)  "Regional governmental entities" includes regional 2265 
planning councils, metropolitan planning organizations, water 2266 
supply authorities t hat include more than one county, local 2267 
health councils, water management districts, and other regional 2268 
entities that are authorized and created by general or special 2269 
law that have duties or responsibilities extending beyond the 2270 
jurisdiction of a single co unty. 2271 
 Section 67.  Subsection (1) of section 186.008, Florida 2272 
Statutes, is amended to read: 2273 
 186.008  State comprehensive plan; revision; 2274 
implementation.— 2275     
 
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 (1)  On or before October 1 of every odd -numbered year, the 2276 
Executive Office of the Governor shal l prepare, and the Governor 2277 
shall recommend to the Administration Commission, any proposed 2278 
revisions to the state comprehensive plan deemed necessary. The 2279 
Governor shall transmit his or her recommendations and 2280 
explanation as required by s. 186.007(8). Copi es shall also be 2281 
provided to each state agency, to each regional planning agency, 2282 
to any other unit of government that requests a copy, and to any 2283 
member of the public who requests a copy. 2284 
 Section 68.  Section 186.803, Florida Statutes, is amended 2285 
to read: 2286 
 186.803  Use of geographic information by governmental 2287 
entities.—When state agencies, water management districts, 2288 
regional planning councils, local governments, and other 2289 
governmental entities use maps, including geographic information 2290 
maps and other graphic information materials, as the source of 2291 
data for planning or any other purposes, they must take into 2292 
account that the accuracy and reliability of such maps and data 2293 
may be limited by various factors, including the scale of the 2294 
maps, the timeliness and accuracy of the underlying information, 2295 
the availability of more accurate site -specific information, and 2296 
the presence or absence of ground truthing or peer review of the 2297 
underlying information contained in such maps and other graphic 2298 
information. This section does not apply to maps adopted 2299 
pursuant to part II of chapter 163. 2300     
 
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 Section 69.  Paragraph (c) of subsection (1) and subsection 2301 
(2) of section 218.32, Florida Statutes, are amended to read: 2302 
 218.32  Annual financial reports; local governmental 2303 
entities.— 2304 
 (1) 2305 
 (c)  Each regional planning council created under s. 2306 
186.504, each local government finance commission, board, or 2307 
council, and each municipal power corporation created as a 2308 
separate legal or administrative entity by interlocal agreement 2309 
under s. 163.01(7) shall submit to the department a copy of its 2310 
audit report and an annual financial report for the previous 2311 
fiscal year in a format prescribed by the department. 2312 
 (2)  The department shall annually by December 1 file a 2313 
verified report with the Governor, the Legislature, the Auditor 2314 
General, and the Special District Accountability Program of the 2315 
Department of Commerce showing th e revenues, both locally 2316 
derived and derived from intergovernmental transfers, and the 2317 
expenditures of each local governmental entity , regional 2318 
planning council, local government finance commission, and 2319 
municipal power corporation that is required to submi t an annual 2320 
financial report. In preparing the verified report, the 2321 
department may request additional information from the local 2322 
governmental entity. The information requested must be provided 2323 
to the department within 45 days after the request. If the loca l 2324 
governmental entity does not comply with the request, the 2325     
 
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department shall notify the Legislative Auditing Committee, 2326 
which may take action pursuant to s. 11.40(2). The report must 2327 
include, but is not limited to: 2328 
 (a)  The total revenues and expenditures of each local 2329 
governmental entity that is a component unit included in the 2330 
annual financial report of the reporting entity. 2331 
 (b)  The amount of outstanding long -term debt by each local 2332 
governmental entity. For purposes of this paragraph, the term 2333 
"long-term debt" means any agreement or series of agreements to 2334 
pay money, which, at inception, contemplate terms of payment 2335 
exceeding 1 year in duration. 2336 
 Section 70.  Section 255.101, Florida Statutes, is amended 2337 
to read: 2338 
 255.101  Contracts for public constru ction works; 2339 
utilization of minority business enterprises in economically 2340 
disadvantaged areas.— 2341 
 (1)  All county officials, boards of county commissioners, 2342 
school boards, city councils, city commissioners, and all other 2343 
public officers of state boards or c ommissions which are charged 2344 
with the letting of contracts for public works and for the 2345 
construction of public bridges, buildings, and other structures 2346 
shall operate in accordance with s. 287.093, except that all 2347 
contracts for the construction of state fac ilities should comply 2348 
with provisions in s. 287.09451, and rules adopted pursuant 2349 
thereto, for the utilization of minority business enterprises in 2350     
 
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economically disadvantaged areas . When construction is financed , 2351 
in whole or in part, from federal funds and where federal 2352 
provisions for utilization of minority business enterprises in 2353 
economically disadvantaged areas apply, this section shall not 2354 
apply. 2355 
 (2)  Counties, municipalities, and special districts as 2356 
defined in chapter 189, or other political subdivisi ons of the 2357 
state are encouraged to be sensitive to the effect of job -size 2358 
barriers on minority businesses. To this end, these governmental 2359 
entities are encouraged to competitively award public 2360 
construction projects exceeding $100,000. 2361 
 Section 71.  Section 255.102, Florida Statutes, is amended 2362 
to read: 2363 
 255.102  Contractor utilization of minority business 2364 
enterprises in economically disadvantaged areas .— 2365 
 (1)  Agencies shall consider the use of price preferences, 2366 
weighted preference formulas, or other preferences for 2367 
construction contracts, as determined appropriate by the Office 2368 
of Supplier Development Diversity to increase minority 2369 
participation of business enterprises in economically 2370 
disadvantaged areas. 2371 
 (2)  The Office of Supplier Development Diversity, in 2372 
collaboration with the Board of Governors of the State 2373 
University System, shall adopt rules to determine what is a 2374 
"good faith effort" for purposes o f contractor compliance with 2375     
 
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minority participation goals established for competitively 2376 
awarded building and construction projects. Pro forma efforts 2377 
shall not be considered good faith. Factors which shall be 2378 
considered by the state agency in determining w hether a 2379 
contractor has made good faith efforts shall include, but not be 2380 
limited to: 2381 
 (a)  Whether the contractor attended any presolicitation or 2382 
prebid meetings that were scheduled by the agency to inform 2383 
minority business enterprises in economically disadvantaged 2384 
areas of contracting and subcontracting opportunities. 2385 
 (b)  Whether the contractor advertised in general 2386 
circulation, trade association, or minority-focus media in 2387 
economically disadvantaged areas concerning the subcontracting 2388 
opportunities. 2389 
 (c)  Whether the contractor provided written notice to all 2390 
relevant subcontractors listed on the minority vendor list for 2391 
that locality and statewide as provided by the agency as of the 2392 
date of issuance of the invitation to bid, that their interest 2393 
in the contract was being solicited in sufficient time to allow 2394 
the minority business enterprises in economically disadvantaged 2395 
areas to participate effectively. 2396 
 (d)  Whether the contractor followed up initial 2397 
solicitations of interest by contacting minority business 2398 
enterprises in economically disadvantaged areas or , the Office 2399 
of Supplier Development Diversity, or minority persons who 2400     
 
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responded and provided detailed information about prebid 2401 
meetings, access to plans, specifications, contractor's project 2402 
manager, subcontractor bonding, if any, payment schedule, bid 2403 
addenda, and other assistance provided by the contractor to 2404 
enhance minority business enterprise participation of business 2405 
enterprises in economically disadvantaged areas . 2406 
 (e)  Whether the contractor s elected portions of the work 2407 
to be performed by minority business enterprises in economically 2408 
disadvantaged areas in order to increase the likelihood of 2409 
meeting the minority business enterprise procurement goals, 2410 
including, where appropriate, breaking down contracts into 2411 
economically feasible units to facilitate minority business 2412 
enterprise participation under reasonable and economical 2413 
conditions of performance. 2414 
 (f)  Whether the contractor provided the Office of Supplier 2415 
Development Diversity as well as interested minority business 2416 
enterprises in economically disadvantaged areas or minority 2417 
persons with adequate information about the plans, 2418 
specifications, and requirements of the contract or the 2419 
availability of jobs at a time no later than when such 2420 
information was provided to other subcontractors. 2421 
 (g)  Whether the contractor negotiated in good faith with 2422 
interested minority business enterprises in economically 2423 
disadvantaged areas or minority persons, not rejecting such 2424 
minority business enterprises or minority persons as unqualified 2425     
 
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without sound reasons based on a thorough investigation of their 2426 
capabilities or imposing implausible conditions of performance 2427 
on the contract. 2428 
 (h)  Whether the contractor diligently seeks to replace a 2429 
subcontractor of a minority business enterprise in an 2430 
economically disadvantaged area subcontractor that is unable to 2431 
perform successfully with another minority business enterprise 2432 
in an economically disadvantaged area . 2433 
 (i)  Whether the contractor effectively used the services 2434 
of available minority community organizations in economically 2435 
disadvantaged areas; minority contractors' groups in 2436 
economically disadvantaged areas ; local, state, and federal 2437 
minority business assistance offices in economically 2438 
disadvantaged areas; and other organizations that provide 2439 
assistance in the recruitment and placement of minority business 2440 
enterprises in economically disadvantaged areas or minority 2441 
persons. 2442 
 (3)  If an agency considers any other criteria in 2443 
determining whether a contractor has made a good faith effort, 2444 
the agency shall adopt such criteria in accordance with s. 2445 
120.54, and, where required by that section, by rule, after May 2446 
31, 1994. In adopting such criteria, the agency shall identify 2447 
the specific factors in as objective a manner as possible to be 2448 
used to assess a contractor's performance against said criteria. 2449 
 (4)  Notwithstanding the provisions of s. 287.09451 to the 2450     
 
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contrary, agencies shall monitor good faith efforts of 2451 
contractors in competitively awarded building and c onstruction 2452 
projects, in accordance with rules established pursuant to this 2453 
section. It is the responsibility of the contractor to exercise 2454 
good faith efforts in accordance with rules established pursuant 2455 
to this section, and to provide documentation neces sary to 2456 
assess efforts to include minority business participation from 2457 
economically disadvantaged areas . 2458 
 Section 72.  Paragraph (c) of subsection (1) of section 2459 
255.20, Florida Statutes, is amended to read: 2460 
 255.20  Local bids and contracts for public c onstruction 2461 
works; specification of state -produced lumber.— 2462 
 (1)  A county, municipality, special district as defined in 2463 
chapter 189, or other political subdivision of the state seeking 2464 
to construct or improve a public building, structure, or other 2465 
public construction works must competitively award to an 2466 
appropriately licensed contractor each project that is estimated 2467 
to cost more than $300,000. For electrical work, the local 2468 
government must competitively award to an appropriately licensed 2469 
contractor each project that is estimated to cost more than 2470 
$75,000. As used in this section, the term "competitively award" 2471 
means to award contracts based on the submission of sealed bids, 2472 
proposals submitted in response to a request for proposal, 2473 
proposals submitted in r esponse to a request for qualifications, 2474 
or proposals submitted for competitive negotiation. This 2475     
 
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subsection expressly allows contracts for construction 2476 
management services, design/build contracts, continuation 2477 
contracts based on unit prices, and any other contract 2478 
arrangement with a private sector contractor permitted by any 2479 
applicable municipal or county ordinance, by district 2480 
resolution, or by state law. For purposes of this section, cost 2481 
includes employee compensation and benefits, except inmate 2482 
labor, the cost of equipment and maintenance, insurance costs, 2483 
and the cost of direct materials to be used in the construction 2484 
of the project, including materials purchased by the local 2485 
government, and other direct costs, plus a factor of 20 percent 2486 
for management, overhead, and other indirect costs. Subject to 2487 
the provisions of subsection (3), the county, municipality, 2488 
special district, or other political subdivision may establish, 2489 
by municipal or county ordinance or special district resolution, 2490 
procedures for conducting the bidding process. 2491 
 (c)  The provisions of this subsection do not apply: 2492 
 1.  If the project is undertaken to replace, reconstruct, 2493 
or repair an existing public building, structure, or other 2494 
public construction works damaged or destroyed by a su dden 2495 
unexpected turn of events such as an act of God, riot, fire, 2496 
flood, accident, or other urgent circumstances, and such damage 2497 
or destruction creates: 2498 
 a.  An immediate danger to the public health or safety; 2499 
 b.  Other loss to public or private property which requires 2500     
 
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emergency government action; or 2501 
 c.  An interruption of an essential governmental service. 2502 
 2.  If, after notice by publication in accordance with the 2503 
applicable ordinance or resolution, the gover nmental entity does 2504 
not receive any responsive bids or proposals. 2505 
 3.  To construction, remodeling, repair, or improvement to 2506 
a public electric or gas utility system if such work on the 2507 
public utility system is performed by personnel of the system. 2508 
 4.  To construction, remodeling, repair, or improvement by 2509 
a utility commission whose major contracts are to construct and 2510 
operate a public electric utility system. 2511 
 5.  If the project is undertaken as repair or maintenance 2512 
of an existing public facility. For th e purposes of this 2513 
paragraph, the term "repair" means a corrective action to 2514 
restore an existing public facility to a safe and functional 2515 
condition and the term "maintenance" means a preventive or 2516 
corrective action to maintain an existing public facility i n an 2517 
operational state or to preserve the facility from failure or 2518 
decline. Repair or maintenance includes activities that are 2519 
necessarily incidental to repairing or maintaining the facility. 2520 
Repair or maintenance does not include the construction of any 2521 
new building, structure, or other public construction works or 2522 
any substantial addition, extension, or upgrade to an existing 2523 
public facility. Such additions, extensions, or upgrades shall 2524 
be considered substantial if the estimated cost of the 2525     
 
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additions, extensions, or upgrades included as part of the 2526 
repair or maintenance project exceeds the threshold amount in 2527 
subsection (1) and exceeds 20 percent of the estimated total 2528 
cost of the repair or maintenance project fully accounting for 2529 
all costs associated wit h performing and completing the work, 2530 
including employee compensation and benefits, equipment cost and 2531 
maintenance, insurance costs, and the cost of direct materials 2532 
to be used in the construction of the project, including 2533 
materials purchased by the local government, and other direct 2534 
costs, plus a factor of 20 percent for management, overhead, and 2535 
other indirect costs. An addition, extension, or upgrade shall 2536 
not be considered substantial if it is undertaken pursuant to 2537 
the conditions specified in subparagr aph 1. Repair and 2538 
maintenance projects and any related additions, extensions, or 2539 
upgrades may not be divided into multiple projects for the 2540 
purpose of evading the requirements of this subparagraph. 2541 
 6.  If the project is undertaken exclusively as part of a 2542 
public educational program. 2543 
 7.  If the funding source of the project will be diminished 2544 
or lost because the time required to competitively award the 2545 
project after the funds become available exceeds the time within 2546 
which the funding source must be spent. 2547 
 8.  If the local government competitively awarded a project 2548 
to a private sector contractor and the contractor abandoned the 2549 
project before completion or the local government terminated the 2550     
 
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contract. 2551 
 9.  If the governing board of the local government comp lies 2552 
with all of the requirements of this subparagraph, conducts a 2553 
public meeting under s. 286.011 after public notice, and finds 2554 
by majority vote of the governing board that it is in the 2555 
public's best interest to perform the project using its own 2556 
services, employees, and equipment. The public notice must be 2557 
published at least 21 days before the date of the public meeting 2558 
at which the governing board takes final action. The notice must 2559 
identify the project, the components and scope of the work, and 2560 
the estimated cost of the project fully accounting for all costs 2561 
associated with performing and completing the work, including 2562 
employee compensation and benefits, equipment cost and 2563 
maintenance, insurance costs, and the cost of direct materials 2564 
to be used in the construction of the project, including 2565 
materials purchased by the local government, and other direct 2566 
costs, plus a factor of 20 percent for management, overhead, and 2567 
other indirect costs. The notice must specify that the purpose 2568 
for the public meeting is to consider whether it is in the 2569 
public's best interest to perform the project using the local 2570 
government's own services, employees, and equipment. Upon 2571 
publication of the public notice and for 21 days thereafter, the 2572 
local government shall make available fo r public inspection, 2573 
during normal business hours and at a location specified in the 2574 
public notice, a detailed itemization of each component of the 2575     
 
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estimated cost of the project and documentation explaining the 2576 
methodology used to arrive at the estimated c ost. At the public 2577 
meeting, any qualified contractor or vendor who could have been 2578 
awarded the project had the project been competitively bid shall 2579 
be provided with a reasonable opportunity to present evidence to 2580 
the governing board regarding the project a nd the accuracy of 2581 
the local government's estimated cost of the project. In 2582 
deciding whether it is in the public's best interest for the 2583 
local government to perform a project using its own services, 2584 
employees, and equipment, the governing board must consid er the 2585 
estimated cost of the project fully accounting for all costs 2586 
associated with performing and completing the work, including 2587 
employee compensation and benefits, equipment cost and 2588 
maintenance, insurance costs, and the cost of direct materials 2589 
to be used in the construction of the project, including 2590 
materials purchased by the local government, and other direct 2591 
costs, plus a factor of 20 percent for management, overhead, and 2592 
other indirect costs, and the accuracy of the estimated cost in 2593 
light of any other information that may be presented at the 2594 
public meeting and whether the project requires an increase in 2595 
the number of government employees or an increase in capital 2596 
expenditures for public facilities, equipment, or other capital 2597 
assets. The local govern ment may further consider the impact on 2598 
local economic development, the impact on small and minority 2599 
business owners and business owners in economically 2600     
 
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disadvantaged areas, the impact on state and local tax revenues, 2601 
whether the private sector contractors provide health insurance 2602 
and other benefits equivalent to those provided by the local 2603 
government, and any other factor relevant to what is in the 2604 
public's best interest. A report summarizing completed projects 2605 
constructed by the local government pursuant to this subsection 2606 
shall be publicly reviewed each year by the governing body of 2607 
the local government. The report shall detail the estimated 2608 
costs and the actual costs of the projects constructed by the 2609 
local government pursuant to this subsection. The rep ort shall 2610 
be made available for review by the public. The Auditor General 2611 
shall review the report as part of his or her audits of local 2612 
governments. 2613 
 10.  If the governing board of the local government 2614 
determines upon consideration of specific substantive criteria 2615 
that it is in the best interest of the local government to award 2616 
the project to an appropriately licensed private sector 2617 
contractor pursuant to administrative procedures established by 2618 
and expressly set forth in a charter, ordinance, or resolution 2619 
of the local government adopted before July 1, 1994. The 2620 
criteria and procedures must be set out in the charter, 2621 
ordinance, or resolution and must be applied uniformly by the 2622 
local government to avoid awarding a project in an arbitrary or 2623 
capricious manner. This exception applies only if all of the 2624 
following occur: 2625     
 
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 a.  The governing board of the local government, after 2626 
public notice, conducts a public meeting under s. 286.011 and 2627 
finds by a two-thirds vote of the governing board that it is in 2628 
the public's best interest to award the project according to the 2629 
criteria and procedures established by charter, ordinance, or 2630 
resolution. The public notice must be published at least 14 days 2631 
before the date of the public meeting at which the governing 2632 
board takes final action. The notice must identify the project, 2633 
the estimated cost of the project, and specify that the purpose 2634 
for the public meeting is to consider whether it is in the 2635 
public's best interest to award the project using the criteria 2636 
and procedures permit ted by the preexisting charter, ordinance, 2637 
or resolution. 2638 
 b.  The project is to be awarded by any method other than a 2639 
competitive selection process, and the governing board finds 2640 
evidence that: 2641 
 (I)  There is one appropriately licensed contractor who is 2642 
uniquely qualified to undertake the project because that 2643 
contractor is currently under contract to perform work that is 2644 
affiliated with the project; or 2645 
 (II)  The time to competitively award the project will 2646 
jeopardize the funding for the project, materiall y increase the 2647 
cost of the project, or create an undue hardship on the public 2648 
health, safety, or welfare. 2649 
 c.  The project is to be awarded by any method other than a 2650     
 
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competitive selection process, and the published notice clearly 2651 
specifies the ordinance o r resolution by which the private 2652 
sector contractor will be selected and the criteria to be 2653 
considered. 2654 
 d.  The project is to be awarded by a method other than a 2655 
competitive selection process, and the architect or engineer of 2656 
record has provided a written recommendation that the project be 2657 
awarded to the private sector contractor without competitive 2658 
selection, and the consideration by, and the justification of, 2659 
the government body are documented, in writing, in the project 2660 
file and are presented to the gov erning board prior to the 2661 
approval required in this paragraph. 2662 
 11.  To projects subject to chapter 336. 2663 
 Section 73.  Paragraph (a) of subsection (7) of section 2664 
258.501, Florida Statutes, is amended to read: 2665 
 258.501  Myakka River; wild and scenic segme nt.— 2666 
 (7)  MANAGEMENT COORDINATING COUNCIL. — 2667 
 (a)  Upon designation, the department shall create a 2668 
permanent council to provide interagency and intergovernmental 2669 
coordination in the management of the river. The coordinating 2670 
council shall be composed of one representative appointed from 2671 
each of the following: the department, the Department of 2672 
Transportation, the Fish and Wildlife Conservation Commission, 2673 
the Department of Commerce, the Florida Forest Service of the 2674 
Department of Agriculture and Consumer Serv ices, the Division of 2675     
 
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Historical Resources of the Department of State, the Tampa Bay 2676 
Regional Planning Council, the Southwest Florida Water 2677 
Management District, the Southwest Florida Regional Planning 2678 
Council, Manatee County, Sarasota County, Charlotte Cou nty, the 2679 
City of Sarasota, the City of North Port, agricultural 2680 
interests, environmental organizations, and any others deemed 2681 
advisable by the department. 2682 
 Section 74.  Subsections (1) and (3) of section 260.0142, 2683 
Florida Statutes, are amended to read: 2684 
 260.0142  Florida Greenways and Trails Council; 2685 
composition; powers and duties. — 2686 
 (1)  There is created within the department the Florida 2687 
Greenways and Trails Council which shall advise the department 2688 
in the execution of the department's powers and duties under 2689 
this chapter. The council shall be composed of 20 21 members, 2690 
consisting of: 2691 
 (a)1.  Six members appointed by the Governor, with two 2692 
members representing the trail user community, two members 2693 
representing the greenway user community, one member from the 2694 
board of the Florida Wildlife Corridor Foundation, and one 2695 
member representing private landowners. 2696 
 2.  Three members appointed by the President of the Senate, 2697 
with one member representing the trail user community and two 2698 
members representing the green way user community. 2699 
 3.  Three members appointed by the Speaker of the House of 2700     
 
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Representatives, with two members representing the trail user 2701 
community and one member representing the greenway user 2702 
community. 2703 
 2704 
Those eligible to represent the trail user community shall be 2705 
chosen from, but not be limited to, paved trail users, hikers, 2706 
off-road bicyclists, users of off -highway vehicles, paddlers, 2707 
equestrians, disabled outdoor recreational users, and commercial 2708 
recreational interests. Those eligible to repre sent the greenway 2709 
user community must be chosen from, but not be limited to, 2710 
conservation organizations, nature study organizations, and 2711 
scientists and university experts. 2712 
 (b)  The 8 9 remaining members include: 2713 
 1.  The Secretary of Environmental Protect ion or a 2714 
designee. 2715 
 2.  The executive director of the Fish and Wildlife 2716 
Conservation Commission or a designee. 2717 
 3.  The Secretary of Transportation or a designee. 2718 
 4.  The Director of the Florida Forest Service of the 2719 
Department of Agriculture and Consumer Services or a designee. 2720 
 5.  The director of the Division of Historical Resources of 2721 
the Department of State or a designee. 2722 
 6.  A representative of the water management districts. 2723 
Membership on the council must rotate among the five districts. 2724 
The districts shall determine the order of rotation. 2725     
 
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 7.  A representative of a federal land management agency. 2726 
The Secretary of Environmental Protection shall identify the 2727 
appropriate federal agency and request designation of a 2728 
representative from the agency to ser ve on the council. 2729 
 8.  A representative of the regional planning councils to 2730 
be appointed by the Secretary of Environmental Protection. 2731 
Membership on the council must rotate among the seven regional 2732 
planning councils. The regional planning councils shall 2733 
determine the order of rotation. 2734 
 8.9. A representative of local governments to be appointed 2735 
by the Secretary of Environmental Protection. Membership must 2736 
alternate between a county representative and a municipal 2737 
representative. 2738 
 (3)  The term of all appo intees shall be for 2 years unless 2739 
otherwise specified. The appointees of the Governor, the 2740 
President of the Senate, and the Speaker of the House of 2741 
Representatives may be reappointed for no more than four 2742 
consecutive terms. The representatives of the wate r management 2743 
districts, regional planning councils, and local governments may 2744 
be reappointed for no more than two consecutive terms. All other 2745 
appointees shall serve until replaced. 2746 
 Section 75.  Subsection (18) of section 287.012, Florida 2747 
Statutes, is amended to read: 2748 
 287.012  Definitions. —As used in this part, the term: 2749 
 (18)  "Minority Business enterprise in an economically 2750     
 
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disadvantaged area" has the same meaning as provided in s. 2751 
288.703. 2752 
 Section 76.  Paragraph (a) of subsection (2) and paragraph 2753 
(b) of subsection (3) of section 287.042, Florida Statutes, are 2754 
amended to read: 2755 
 287.042  Powers, duties, and functions. —The department 2756 
shall have the following powers, duties, and functions: 2757 
 (2)(a)  To establish purchasing agreements and procure 2758 
state term contracts for commodities and contractual services, 2759 
pursuant to s. 287.057, under which state agencies shall, and 2760 
eligible users may, make purchases pursuant to s. 287.056. The 2761 
department may restrict purchases from some term contracts to 2762 
state agencies only for those term contracts where the inclusion 2763 
of other governmental entities will have an adverse effect on 2764 
competition or to those federal facilities located in this 2765 
state. In such planning or purchasing the Office of Supplier 2766 
Development Diversity may monitor to ensure that opportunities 2767 
are afforded for contracting with minority business enterprises 2768 
in economically disadvantaged areas . The department, for state 2769 
term contracts, and all agencies, for multiyear contractual 2770 
services or term contracts, shall explore reasonable and 2771 
economical means to utilize certified minority business 2772 
enterprises in economically disadvantaged areas . Purchases by 2773 
any county, municipality, private nonprofit community 2774 
transportation coordinator designated pursuant to chap ter 427, 2775     
 
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while conducting business related solely to the Commission for 2776 
the Transportation Disadvantaged, or other local public agency 2777 
under the provisions in the state purchasing contracts, and 2778 
purchases, from the corporation operating the correctional wo rk 2779 
programs, of products or services that are subject to paragraph 2780 
(1)(f), are exempt from the competitive solicitation 2781 
requirements otherwise applying to their purchases. 2782 
 (3)  To establish a system of coordinated, uniform 2783 
procurement policies, procedures , and practices to be used by 2784 
agencies in acquiring commodities and contractual services, 2785 
which shall include, but not be limited to: 2786 
 (b)1.  Development of procedures for advertising 2787 
solicitations. These procedures must provide for electronic 2788 
posting of solicitations for at least 10 days before the date 2789 
set for receipt of bids, proposals, or replies, unless the 2790 
department or other agency determines in writing that a shorter 2791 
period of time is necessary to avoid harming the interests of 2792 
the state. The Office of Supplier Development Diversity may 2793 
consult with the department regarding the development of 2794 
solicitation distribution procedures to ensure that maximum 2795 
distribution is afforded to certified minority business 2796 
enterprises in economically disadvantaged ar eas as defined in s. 2797 
288.703. 2798 
 2.  Development of procedures for electronic posting. The 2799 
department shall designate a centralized website on the Internet 2800     
 
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for the department and other agencies to electronically post 2801 
solicitations, decisions or intended deci sions, and other 2802 
matters relating to procurement. 2803 
 Section 77.  Paragraph (d) of subsection (3) and paragraph 2804 
(b) of subsection (4) of section 287.055, Florida Statutes, are 2805 
amended to read: 2806 
 287.055  Acquisition of professional architectural, 2807 
engineering, landscape architectural, or surveying and mapping 2808 
services; definitions; procedures; contingent fees prohibited; 2809 
penalties.— 2810 
 (3)  PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. — 2811 
 (d)  Each agency shall evaluate professional services, 2812 
including capabilities, adequacy of personnel, past record, 2813 
experience, whether the firm is a certified minority business 2814 
enterprise in an economically disadvantaged area as defined by 2815 
the Assistance to Florida Small Businesses and Businesses in 2816 
Economically Disadvantaged Areas Minority Business Assistance 2817 
Act, and other factors determined by the agency to be applicable 2818 
to its particular requirements. When securing professional 2819 
services, an agency must endeavor to meet the minority business 2820 
enterprise in economically disadvantaged area procurement goals 2821 
under s. 287.09451. 2822 
 (4)  COMPETITIVE SELECTION. — 2823 
 (b)  The agency shall select in order of preference no 2824 
fewer than three firms deemed to be the most highly qualified to 2825     
 
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perform the required services. In determin ing whether a firm is 2826 
qualified, the agency shall consider such factors as the ability 2827 
of professional personnel; whether a firm is a certified 2828 
minority business enterprise in an economically disadvantaged 2829 
area; past performance; willingness to meet time a nd budget 2830 
requirements; location; recent, current, and projected workloads 2831 
of the firms; and the volume of work previously awarded to each 2832 
firm by the agency, with the object of effecting an equitable 2833 
distribution of contracts among qualified firms, provid ed such 2834 
distribution does not violate the principle of selection of the 2835 
most highly qualified firms. The agency may request, accept, and 2836 
consider proposals for the compensation to be paid under the 2837 
contract only during competitive negotiations under subsec tion 2838 
(5). 2839 
 Section 78.  Subsections (8), (9), and (12) of section 2840 
287.057, Florida Statutes, are amended to read: 2841 
 287.057  Procurement of commodities or contractual 2842 
services.— 2843 
 (8)(a)  In order to strive to meet the minority business 2844 
enterprise procurement goals set forth in s. 287.09451, an 2845 
agency may reserve any contract for competitive solicitation 2846 
only among certified minority business enterprises in 2847 
economically disadvantaged areas . Agencies shall review all 2848 
their contracts each fiscal year and shall determine which 2849 
contracts may be reserved for solicitation only among certified 2850     
 
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minority business enterprises in economically disadvantaged 2851 
areas. This reservation may only be used when it is determined, 2852 
by reasonable and obj ective means, before the solicitation that 2853 
there are capable, qualified certified minority business 2854 
enterprises in economically disadvantaged areas available to 2855 
submit a bid, proposal, or reply on a contract to provide for 2856 
effective competition. The Office of Supplier Development 2857 
Diversity shall consult with any agency in reaching such 2858 
determination when deemed appropriate. 2859 
 (b)  Before a contract may be reserved for solicitation 2860 
only among certified minority business enterprises in 2861 
economically disadvantag ed areas, the agency head must find that 2862 
such a reservation is in the best interests of the state. All 2863 
determinations shall be subject to s. 287.09451(5). Once a 2864 
decision has been made to reserve a contract, but before sealed 2865 
bids, proposals, or replies ar e requested, the agency shall 2866 
estimate what it expects the amount of the contract to be, based 2867 
on the nature of the services or commodities involved and their 2868 
value under prevailing market conditions. If all the sealed 2869 
bids, proposals, or replies received are over this estimate, the 2870 
agency may reject the bids, proposals, or replies and request 2871 
new ones from certified minority business enterprises in 2872 
economically disadvantaged areas , or the agency may reject the 2873 
bids, proposals, or replies and reopen the bid ding to all 2874 
eligible vendors. 2875     
 
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 (c)  All agencies shall consider the use of price 2876 
preferences of up to 10 percent, weighted preference formulas, 2877 
or other preferences for vendors as determined appropriate 2878 
pursuant to guidelines established in accordance with s. 2879 
287.09451(4) to increase the participation of minority business 2880 
enterprises in economically disadvantaged areas . 2881 
 (d)  All agencies shall avoid any undue concentration of 2882 
contracts or purchases in categories of commodities or 2883 
contractual services in or der to meet the minority business 2884 
enterprise purchasing goals in s. 287.09451. 2885 
 (9)  An agency may reserve any contract for competitive 2886 
solicitation only among vendors who agree to use certified 2887 
minority business enterprises in economically disadvantaged 2888 
areas as subcontractors or subvendors. The percentage of funds, 2889 
in terms of gross contract amount and revenues, which must be 2890 
expended with the subcontractors and subvendors of a certified 2891 
minority business enterprise in an economically disadvantaged 2892 
area, subcontractors and subvendors shall be determined by the 2893 
agency before such contracts may be reserved. In order to bid on 2894 
a contract so reserved, the vendor shall identify those 2895 
certified minority business enterprises in economically 2896 
disadvantaged areas which will be utilized as subcontractors or 2897 
subvendors by sworn statement. At the time of performance or 2898 
project completion, the contractor shall report by sworn 2899 
statement the payments and completion of work for all certified 2900     
 
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minority business enterprises in economically disadvantaged 2901 
areas used in the contract. 2902 
 (12)  If two equal responses to a solicitation or a request 2903 
for quote are received and one response is from a certified 2904 
minority business enterprise in an economically disadvantaged 2905 
area, the agency shall enter into a contract with the certified 2906 
minority business enterprise in an economically disadvantaged 2907 
area. 2908 
 Section 79.  Section 287.0931, Florida Statutes, is amended 2909 
to read: 2910 
 287.0931  Minority Business enterprises in economically 2911 
disadvantaged areas; participation in bond underwriting. — 2912 
 (1)  Any state or local government agency, or political 2913 
subdivision thereof, issuing bonds or other tax -exempt 2914 
obligations through one or more underwriters is encouraged to 2915 
offer not less than 20 p ercent participation to business 2916 
enterprises in economically disadvantaged areas minority firms. 2917 
 (2)  To meet such participation requirement, the minority 2918 
firm must have full-time employees located in this state and, 2919 
must have a permanent place of busines s located in an 2920 
economically disadvantaged area in this state, and must be a 2921 
firm which is at least 51 -percent-owned by minority persons as 2922 
defined in s. 288.703. However, for the purpose of bond 2923 
underwriting only, the requirement that the minority person be a 2924 
permanent resident of this state does not apply. 2925     
 
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 Section 80.  Section 287.094, Florida Statutes, is amended 2926 
to read: 2927 
 287.094  Programs for business enterprises in economically 2928 
disadvantaged areas Minority Business enterprise programs ; 2929 
penalty for discrimination and false representation. — 2930 
 (1)  It is unlawful for any individual to falsely claim to 2931 
be a minority business enterprise in an economically 2932 
disadvantaged area for purposes of qualifying for certification 2933 
with any governmental certifying orga nization as a minority 2934 
business enterprise in an economically disadvantaged area in 2935 
order to participate under a program of a state agency which is 2936 
designed to assist certified minority business enterprises in 2937 
economically disadvantaged areas in the receipt of contracts 2938 
with the agency for the provision of goods or services. The 2939 
certification of any contractor, firm, or individual obtained by 2940 
such false representation shall be permanently revoked, and the 2941 
entity shall be barred from doing business with stat e government 2942 
for a period of 36 months. Any person who violates this section 2943 
is guilty of a felony of the second degree, punishable as 2944 
provided in s. 775.082, s. 775.083, or s. 775.084. 2945 
 (2)  Any contractor, firm, or individual which falsely 2946 
represents to an agency or to a contractor, pursuant to a state 2947 
contract, that it is a certified minority business enterprise in 2948 
an economically disadvantaged area or which represents that it 2949 
will use the services or commodities of a certified minority 2950     
 
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business enterprise in an economically disadvantaged area and 2951 
subsequently does not do so shall be in breach of contract. Upon 2952 
determination that a breach has occurred, all payments under the 2953 
contract may be immediately suspended. The contractor or firm 2954 
may show that it attempted through reasonable and objective 2955 
means and in good faith to comply with the terms of the contract 2956 
relating to minority business enterprises in economically 2957 
disadvantaged areas but was unable to comply. If the agency 2958 
determines that the contractor o r firm did not act in good 2959 
faith, all amounts paid to the contractor or firm under the 2960 
state contract intended for expenditure with the certified 2961 
minority business enterprises in an economically disadvantaged 2962 
area shall be forfeited and recoverable by the Department of 2963 
Legal Affairs. In addition, the contract may be rescinded and 2964 
the agency may return all goods received and recover all amounts 2965 
paid under the contract. 2966 
 (3)  Any contractor, firm, or individual shall be barred 2967 
from doing business with state g overnment for a period of 36 2968 
months, and shall be permanently disqualified from doing 2969 
business with state government as a certified minority business 2970 
enterprise in an economically disadvantaged area , if the office 2971 
has determined that the contractor, firm, or individual has not 2972 
acted in good faith to fulfill the terms of a contract calling 2973 
for it to use the services or commodities of a certified 2974 
minority business enterprise in an economically disadvantaged 2975     
 
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area. If the Department of Legal Affairs, agency fin al order, or 2976 
a court of law determines that a person was involved in a 2977 
violation of this section, knew about such violation, or 2978 
collaborated with a contractor or firm in such violation, the 2979 
person, or any contractor or firm the person is employed by or 2980 
affiliated with, shall be barred from doing business with state 2981 
government for a period of at least 36 months. 2982 
 (4)  No agency shall deny any contractor, firm, or 2983 
individual a fair opportunity to compete in the public 2984 
procurement of commodities and services b ased on race, national 2985 
origin, gender, religion, or physical disability, which for 2986 
purposes of this subsection constitutes prohibited 2987 
discrimination. Complaints alleging prohibited discrimination by 2988 
an agency in its public procurement may be filed with the Office 2989 
of Supplier Development Diversity within 60 days after the facts 2990 
giving rise to the complaint are known or reasonably should have 2991 
been discovered. Any complaint shall be filed in writing and 2992 
must set forth the specific facts giving rise to the clai m of 2993 
prohibited discrimination. The Office of Supplier Development 2994 
Diversity shall, within 10 days, refer the complaint to the 2995 
Inspector General for the agency that is the subject of the 2996 
complaint, who shall coordinate a prompt investigation and issue 2997 
written findings of fact. These findings shall be reviewed by 2998 
the Chief Inspector General or his or her designee, who is 2999 
authorized to conduct any further investigation deemed necessary 3000     
 
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or appropriate. Upon a final determination that an agency has 3001 
abused its discretion by engaging in prohibited discrimination, 3002 
the Chief Inspector General shall refer any state employee 3003 
determined to have participated in the prohibited discrimination 3004 
for disciplinary action in accordance with chapter 60K(9), 3005 
Florida Administrativ e Code, and subsequently enacted rules, up 3006 
to and including termination. 3007 
 (5)  The owner of a minority business enterprise in an 3008 
economically disadvantaged area that has been found guilty under 3009 
subsection (1) or subsection (3) shall not attempt to circumve nt 3010 
this section by creating a new business entity for the purposes 3011 
of attempting to transact business in this state. 3012 
 Section 81.  Section 287.0943, Florida Statutes, is amended 3013 
to read: 3014 
 287.0943  Certification of minority business enterprises in 3015 
economically disadvantaged areas .— 3016 
 (1)  A business certified by any local governmental 3017 
jurisdiction or organization shall be accepted by the Department 3018 
of Management Services, Office of Supplier Development 3019 
Diversity, as a certified minority business enterprise in an 3020 
economically disadvantaged area for purposes of doing business 3021 
with state government when the Office of Supplier Development 3022 
Diversity determines that the state's minority business 3023 
enterprise in an economically disadvantaged area certification 3024 
criteria are applied in the local certification process. 3025     
 
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 (2)(a)  The office is hereby directed to convene a 3026 
"Minority Business Enterprises in Economically Disadvantaged 3027 
Areas Certification Task Force." The task force shall meet as 3028 
often as necessary, but no less frequently than annually. 3029 
 (b)  The task force shall be regionally balanced and 3030 
comprised of officials representing the department, counties, 3031 
municipalities, school boards, special districts, and other 3032 
political subdivisions of the s tate who administer programs to 3033 
assist business enterprises in economically disadvantaged areas 3034 
minority businesses in procurement or development in government -3035 
sponsored programs. The following organizations may appoint two 3036 
members each of the task force w ho fit the description above: 3037 
 1.  The Florida League of Cities, Inc. 3038 
 2.  The Florida Association of Counties. 3039 
 3.  The Florida School Boards Association, Inc. 3040 
 4.  The Association of Special Districts. 3041 
 5.  The Florida Association of Minority Business En terprise 3042 
Officials. 3043 
 5.6. The Florida Association of Government Purchasing 3044 
Officials. 3045 
In addition, the Office of Supplier Development Diversity shall 3046 
appoint seven members consisting of three representatives of 3047 
minority business enterprises in economically disadvantaged 3048 
areas, one of whom should be a woman business owner, two 3049 
officials of the office, and two at -large members to ensure 3050     
 
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balance. A quorum shall consist of one -third of the current 3051 
members, and the task force may take action by major ity vote. 3052 
Any vacancy may only be filled by the organization or agency 3053 
originally authorized to appoint the position. 3054 
 (c)  The purpose of the task force will be to propose 3055 
uniform criteria and procedures by which participating entities 3056 
and organizations can qualify businesses to participate in 3057 
procurement or contracting programs as certified minority 3058 
business enterprises in economically disadvantaged areas in 3059 
accordance with the certification criteria established by law. 3060 
 (d)  A final list of the criteria and procedures proposed 3061 
by the task force shall be considered by the secretary. The task 3062 
force may seek technical assistance from qualified providers of 3063 
technical, business, and managerial expertise to ensure the 3064 
reliability of the certification criteria d eveloped. 3065 
 (e)  In assessing the status of ownership and control, 3066 
certification criteria shall, at a minimum: 3067 
 1.  Link ownership by a minority person as defined in s. 3068 
288.703, or as dictated by the legal obligations of a certifying 3069 
organization, to day-to-day control and financial risk by the 3070 
qualifying minority owner, and to demonstrated expertise or 3071 
licensure of a minority owner in any trade or profession that 3072 
the minority business enterprise in an economically 3073 
disadvantaged area will offer to the state when certified. 3074 
Businesses must comply with all state licensing requirements 3075     
 
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before becoming certified as a minority business enterprise in 3076 
an economically disadvantaged area . 3077 
 2.  If present ownership was obtained by transfer, require 3078 
the minority person on whom eligibility is based to have owned 3079 
at least 51 percent of the applicant firm for a minimum of 2 3080 
years, when any previous majority ownership interest in the firm 3081 
was by a person nonminority who is or was a relative, former 3082 
employer, or current emplo yer of the minority person on whom 3083 
eligibility is based. This requirement does not apply to 3084 
minority persons who are otherwise eligible who take a 51 -3085 
percent-or-greater interest in a firm that requires professional 3086 
licensure to operate and who will be the qualifying 3087 
licenseholder for the firm when certified. A transfer made 3088 
within a related immediate family group from one person to 3089 
another a nonminority person to a minority person in order to 3090 
establish ownership of a business enterprise in an economically 3091 
disadvantaged area by a minority person shall be deemed to have 3092 
been made solely for purposes of satisfying certification 3093 
criteria and shall render such ownership invalid for purposes of 3094 
qualifying for such certification if the combined total net 3095 
asset value of all members of such family group exceeds $1 3096 
million. For purposes of this subparagraph, the term "related 3097 
immediate family group" means one or more children under 16 3098 
years of age and a parent of such children or the spouse of such 3099 
parent residing in t he same house or living unit. 3100     
 
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 3.  Require that prospective certified minority business 3101 
enterprises in economically disadvantaged areas be currently 3102 
performing or seeking to perform a useful business function. A 3103 
"useful business function" is defined as a b usiness function 3104 
which results in the provision of materials, supplies, 3105 
equipment, or services to customers. Acting as a conduit to 3106 
transfer funds to a nonminority business that is not in an 3107 
economically disadvantaged area does not constitute a useful 3108 
business function unless it is done so in a normal industry 3109 
practice. As used in this section, the term "acting as a 3110 
conduit" means, in part, not acting as a regular dealer by 3111 
making sales of material, goods, or supplies from items bought, 3112 
kept in stock, and r egularly sold to the public in the usual 3113 
course of business. Brokers, manufacturer's representatives, 3114 
sales representatives, and nonstocking distributors are 3115 
considered as conduits that do not perform a useful business 3116 
function, unless normal industry prac tice dictates. 3117 
 (f)  When a business receives payments or awards exceeding 3118 
$100,000 in one fiscal year, a review of its certification 3119 
status or an audit will be conducted within 2 years. In 3120 
addition, random reviews or audits will be conducted as deemed 3121 
appropriate by the Office of Supplier Development Diversity. 3122 
 (g)  The certification criteria approved by the task force 3123 
and adopted by the Department of Management Services shall be 3124 
included in a statewide and interlocal agreement as defined in 3125     
 
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s. 287.09431 and, in accordance with s. 163.01, shall be 3126 
executed according to the terms included therein. 3127 
 (h)  The certification procedures should allow an applicant 3128 
seeking certification to designate on the application form the 3129 
information the applicant considers to be proprietary, 3130 
confidential business information. As used in this paragraph, 3131 
"proprietary, confidential business information" includes, but 3132 
is not limited to, any information that would be exempt from 3133 
public inspection pursuant to the provisions of chapt er 119; 3134 
trade secrets; internal auditing controls and reports; contract 3135 
costs; or other information the disclosure of which would injure 3136 
the affected party in the marketplace or otherwise violate s. 3137 
286.041. The executor in receipt of the application shall issue 3138 
written and final notice of any information for which 3139 
noninspection is requested but not provided for by law. 3140 
 (i)  A business that is certified under the provisions of 3141 
the statewide and interlocal agreement shall be deemed a 3142 
business certified minority enterprise in an economically 3143 
disadvantaged area in all jurisdictions or organizations where 3144 
the agreement is in effect, and that business is deemed 3145 
available to do business as such within any such jurisdiction or 3146 
with any such organization statew ide. All state agencies must 3147 
accept minority business enterprises in economically 3148 
disadvantaged areas certified in accordance with the statewide 3149 
and interlocal agreement of s. 287.09431, and that business 3150     
 
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shall also be deemed a " certified minority business enterprise 3151 
in an economically disadvantaged area " as defined in s. 288.703. 3152 
However, any governmental jurisdiction or organization that 3153 
administers a minority business purchasing program may reserve 3154 
the right to establish further certification procedures 3155 
necessary to comply with federal law. 3156 
 (j)  The statewide and interlocal agreement shall be guided 3157 
by the terms and conditions found therein and may be amended at 3158 
any meeting of the task force and subsequently adopted by the 3159 
secretary of the Department of Management Services. The amended 3160 
agreement must be enacted, initialed, and legally executed by at 3161 
least two-thirds of the certifying entities party to the 3162 
existing agreement and adopted by the state as originally 3163 
executed in order to bind the certifying en tity. 3164 
 (k)  The task force shall meet for the first time no later 3165 
than 45 days after the effective date of this act. 3166 
 (3)(a)  The office shall review and evaluate the 3167 
certification programs and procedures of all prospective 3168 
executors of the statewide and i nterlocal agreement to determine 3169 
if their programs exhibit the capacity to meet the standards of 3170 
the agreement. 3171 
 (b)  The evaluations shall, at a minimum, consider: the 3172 
certifying entity's capacity to conduct investigations of 3173 
applicants seeking certificat ion under the designated criteria; 3174 
the ability of the certifying entity to collect the requisite 3175     
 
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data and to establish adequate protocol to store and exchange 3176 
said information among the executors of the agreement and to 3177 
provide adequate security to prevent unauthorized access to 3178 
information gathered during the certification process; and the 3179 
degree to which any legal obligations or supplemental 3180 
requirements unique to the certifying entity exceed the capacity 3181 
of that entity to conduct certifications. 3182 
 (c)  Any firms certified by organizations or governmental 3183 
entities determined not to meet the state certification criteria 3184 
shall not be eligible to participate as certified minority 3185 
business enterprises in economically disadvantaged areas in the 3186 
Florida Assistance to Small Businesses and Businesses in 3187 
Economically Disadvantaged Areas Act minority business 3188 
assistance programs of the state . For a period of 1 year from 3189 
July 1, 2025 the effective date of this legislation , the 3190 
executor of the statewide and interlocal a greement may elect to 3191 
accept only minority business enterprises in economically 3192 
disadvantaged areas certified pursuant to criteria in place at 3193 
the time the agreement was signed. After the 1 -year period, 3194 
either party may elect to withdraw from the agreement without 3195 
further notice. 3196 
 (d)  Any organizations or governmental entities determined 3197 
by the office not to meet the standards of the agreement shall 3198 
not be eligible to execute the statewide and interlocal 3199 
agreement as a participating organization until appr oved by the 3200     
 
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office. 3201 
 (e)  Any participating program receiving three or more 3202 
challenges to its certification decisions pursuant to subsection 3203 
(4) from other organizations that are executors to the statewide 3204 
and interlocal agreement, shall be subject to a re view by the 3205 
office, as provided in paragraphs (a) and (b), of the 3206 
organization's capacity to perform under such agreement and in 3207 
accordance with the core criteria established by the task force. 3208 
The office shall submit a report to the secretary of the 3209 
Department of Management Services regarding the results of the 3210 
review. 3211 
 (f)  The office shall maintain a directory of all executors 3212 
of the statewide and interlocal agreement. The directory should 3213 
be communicated to the general public. 3214 
 (4)  A certification may be challenged by any executor to 3215 
the statewide and interlocal agreement upon the grounds of 3216 
failure by the certifying organization to adhere to the adopted 3217 
criteria or to the certifying organization's rules and 3218 
procedures, or on the grounds of a misreprese ntation or fraud by 3219 
the certified minority business enterprise. The challenge shall 3220 
proceed according to procedures specified in the agreement. 3221 
 (5)(a)  The secretary of the Department of Management 3222 
Services shall execute the statewide and interlocal agree ment 3223 
established under s. 287.09431 on behalf of the state. The 3224 
office shall certify minority business enterprises in 3225     
 
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economically disadvantaged areas in accordance with the laws of 3226 
this state and, by affidavit, shall recertify such minority 3227 
business enterprises not less than once each year. 3228 
 (b)  The office shall contract with parties to the 3229 
statewide and interlocal agreement to perform onsite visits 3230 
associated with state certifications. 3231 
 (6)(a)  The office shall maintain up -to-date records of all 3232 
certified minority business enterprises in economically 3233 
disadvantaged areas, as defined in s. 288.703, and of 3234 
applications for certification that were denied and shall make 3235 
this list available to all agencies. The office shall, for 3236 
statistical purposes, collect an d track subgroupings of gender 3237 
and nationality status for each certified minority business 3238 
enterprise in an economically disadvantaged area . Agency 3239 
spending shall also be tracked for these subgroups. The records 3240 
may include information about minority business enterprises in 3241 
economically disadvantaged areas that provide legal services, 3242 
auditing services, and health services. Agencies shall use this 3243 
list in efforts to meet the minority business enterprise in an 3244 
economically disadvantaged area procurement goals set forth in 3245 
s. 287.09451. 3246 
 (b)  The office shall establish and administer a 3247 
computerized data bank to carry out the requirements of 3248 
paragraph (a), to be available to all executors of the statewide 3249 
and interlocal agreement. Data maintained in the data ba nk shall 3250     
 
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be sufficient to allow each executor to reasonably monitor 3251 
certifications it has issued. 3252 
 (7)  The office shall identify minority business 3253 
enterprises in economically disadvantaged areas eligible for 3254 
certification in all areas of state services an d commodities 3255 
purchasing. The office may contract with a private firm or other 3256 
agency, if necessary, in seeking to identify minority business 3257 
enterprises in economically disadvantaged areas for 3258 
certification. Agencies may request the office to identify 3259 
certifiable minority business enterprises in economically 3260 
disadvantaged areas that are in the business of providing a 3261 
given service or commodity; the office shall respond to such 3262 
requests and seek out such certifiable minority business 3263 
enterprises. 3264 
 (8)  The office shall adopt rules necessary to implement 3265 
this section. 3266 
 (9)  State agencies shall comply with this act except to 3267 
the extent that the requirements of this act are in conflict 3268 
with federal law. 3269 
 (10)  Any transfer of ownership or permanent change in t he 3270 
management and daily operations of a certified minority business 3271 
enterprise in an economically disadvantaged area which may 3272 
affect certification must be reported to the original certifying 3273 
jurisdiction or entity and to the office within 14 days of the 3274 
transfer or change taking place. In the event of a transfer of 3275     
 
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ownership, the transferee seeking to do business with the state 3276 
as a certified minority business enterprise in an economically 3277 
disadvantaged area is responsible for such reporting. In the 3278 
event of a permanent change in the management and daily 3279 
operations, owners seeking to do business with the state as a 3280 
certified minority business enterprise in an economically 3281 
disadvantaged area are responsible for reporting such change to 3282 
the office. Any person violating the provisions of this 3283 
subsection shall be guilty of a misdemeanor of the first degree, 3284 
punishable as provided in s. 775.082 or s. 775.083. 3285 
 (11)  To deter fraud in the program, the Auditor General 3286 
may review the criteria by which a business became certified as 3287 
a certified minority business enterprise in an economically 3288 
disadvantaged area. 3289 
 (12)  Any executor of the statewide and interlocal 3290 
agreement may revoke the certification or recertification of a 3291 
firm doing business as a certified minority business enterprise 3292 
in an economically disadvantaged area if the minority business 3293 
enterprise does not meet the requirements of the jurisdiction or 3294 
certifying entity that certified or recertified the firm as a 3295 
certified minority business enterprise in an economically 3296 
disadvantaged area, or the requirements of subsection (2), s. 3297 
288.703, and any rule of the office or the Department of 3298 
Management Services o r if the business acquired certification or 3299 
recertification by means of falsely representing any entity as a 3300     
 
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minority business enterprise in an economically disadvantaged 3301 
area for purposes of qualifying for certification or 3302 
recertification. 3303 
 (13)  Unless permanently revoked, a certified minority 3304 
business enterprise in an economically disadvantaged area for 3305 
which certification or recertification has been revoked may not 3306 
apply or reapply for certification or recertification for a 3307 
minimum of 36 months after the date of the notice of revocation. 3308 
 (14)(a)  Except for certification decisions issued by the 3309 
Office of Supplier Development Diversity, an executor to the 3310 
statewide and interlocal agreement shall, in accordance with its 3311 
rules and procedures: 3312 
 1.  Give reasonable notice to affected persons or parties 3313 
of its decision to deny certification based on failure to meet 3314 
eligibility requirements of the statewide and interlocal 3315 
agreement of s. 287.09431, together with a summary of the 3316 
grounds therefor. 3317 
 2.  Give affected persons or parties an opportunity, at a 3318 
convenient time and place, to present to the agency written or 3319 
oral evidence in opposition to the action or of the executor's 3320 
refusal to act. 3321 
 3.  Give a written explanation of any subsequent decis ion 3322 
of the executor overruling the objections. 3323 
 (b)  An applicant that is denied minority business 3324 
enterprise in an economically disadvantaged area certification 3325     
 
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based on failure to meet eligibility requirements of the 3326 
statewide and interlocal agreement pu rsuant to s. 287.09431 may 3327 
not reapply for certification or recertification until at least 3328 
6 months after the date of the notice of the denial of 3329 
certification or recertification. 3330 
 (15)  The office shall adopt rules in compliance with this 3331 
part. 3332 
 Section 82.  Section 287.09431, Florida Statutes, is 3333 
amended to read: 3334 
 287.09431  Statewide and interlocal agreement on 3335 
certification of business concerns for the status of minority 3336 
business enterprise in economically disadvantaged areas .—The 3337 
statewide and interl ocal agreement on certification of business 3338 
concerns for the status of minority business enterprise in 3339 
economically disadvantaged areas is hereby enacted and entered 3340 
into with all jurisdictions or organizations legally joining 3341 
therein. If, within 2 years f rom the date that the certification 3342 
core criteria are approved by the Department of Management 3343 
Services, the agreement included herein is not executed by a 3344 
majority of county and municipal governing bodies that 3345 
administer a minority business assistance programs to small 3346 
businesses and business in economically disadvantaged areas 3347 
program on the effective date of this act, then the Legislature 3348 
shall review this agreement. It is the intent of the Legislature 3349 
that if the agreement is not executed by a majority of the 3350     
 
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requisite governing bodies, then a statewide uniform 3351 
certification process should be adopted, and that said agreement 3352 
should be repealed and replaced by a mandatory state government 3353 
certification process. 3354 
ARTICLE I 3355 
 PURPOSE, FINDINGS, AND POLICY. — 3356 
 (1)  The parties to this agreement, desiring by common 3357 
action to establish a uniform certification process in order to 3358 
reduce the multiplicity of applications by business concerns to 3359 
state and local governmental programs for minority business 3360 
assistance to small businesses and businesses in economically 3361 
disadvantaged areas, declare that it is the policy of each of 3362 
them, on the basis of cooperation with one another, to remedy 3363 
social and economic disadvantage suffered by certain business 3364 
owners groups, resulting in their being historically 3365 
underutilized in ownership and control of commercial 3366 
enterprises. Thus, the parties seek to address this history by 3367 
increasing the participation of small business owners and 3368 
business owners in economically disadvantaged area s the 3369 
identified groups in opportunities afforded by government 3370 
procurement. 3371 
 (2)  The parties find that the State of Florida presently 3372 
certifies firms for participation in the Florida Assistance to 3373 
Small Businesses and Businesses in Economically Disadvant aged 3374 
Areas Act minority business assistance programs of the state . 3375     
 
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The parties find further that some counties, municipalities, 3376 
school boards, special districts, and other divisions of local 3377 
government require a separate, yet similar, and in most cases 3378 
redundant, certification in order for businesses to participate 3379 
in the programs sponsored by each government entity. 3380 
 (3)  The parties find further that this redundant 3381 
certification has proven to be unduly burdensome to the 3382 
minority-owned firms intended to be nefit from the underlying 3383 
purchasing incentives. 3384 
 (4)  The parties agree that: 3385 
 (a)  They will facilitate integrity, stability, and 3386 
cooperation in the statewide and interlocal certification 3387 
process, and in other elements of programs established to assist 3388 
small minority-owned businesses and businesses in economically 3389 
disadvantaged areas. 3390 
 (b)  They shall cooperate with agencies, organizations, and 3391 
associations interested in certification and other elements of 3392 
minority business assistance to small businesses and businesses 3393 
in economically disadvantaged areas . 3394 
 (c)  It is the purpose of this agreement to provide for a 3395 
uniform process whereby the status of a business concern may be 3396 
determined in a singular review of the business information for 3397 
these purposes, in order to eliminate any undue expense, delay, 3398 
or confusion to the minority-owned businesses in seeking to 3399 
participate in the minority business assistance programs of 3400     
 
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state and local jurisdictions. 3401 
ARTICLE II 3402 
 DEFINITIONS.—As used in this agreement and con tracts made 3403 
pursuant to it, unless the context clearly requires otherwise: 3404 
 (1)  "Awarding organization" means any political 3405 
subdivision or organization authorized by law, ordinance, or 3406 
agreement to enter into contracts and for which the governing 3407 
body has entered into this agreement. 3408 
 (2)  "Department" means the Department of Management 3409 
Services. 3410 
 (3)  "Minority" means a person who is a lawful, permanent 3411 
resident of the state, having origins in one of the minority 3412 
groups as described and adopted by the Dep artment of Management 3413 
Services, hereby incorporated by reference. 3414 
 (3)(4) "Minority Business enterprise in an economically 3415 
disadvantaged area" means any small business concern as defined 3416 
in subsection (5)(6) that meets all of the criteria described 3417 
and adopted by the Department of Management Services, hereby 3418 
incorporated by reference. 3419 
 (4)(5) "Participating state or local organization" means 3420 
any political subdivision of the state or organization 3421 
designated by such that elects to participate in the 3422 
certification process pursuant to this agreement, which has been 3423 
approved according to s. 287.0943(3) and has legally entered 3424 
into this agreement. 3425     
 
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 (5)(6) "Small business concern" means an independently 3426 
owned and operated business concern which is of a size and type 3427 
as described and adopted by vote related to this agreement of 3428 
the commission, hereby incorporated by reference. 3429 
ARTICLE III 3430 
 STATEWIDE AND INTERLOCAL CERTIFICATIONS. — 3431 
 (1)  All awarding organizations shall accept a 3432 
certification granted by any participating organization which 3433 
has been approved according to s. 287.0943(3) and has entered 3434 
into this agreement, as valid status of minority business 3435 
enterprise in an economically disadvantaged area . 3436 
 (2)  A participating organization shall certify a business 3437 
concern that meets the definition of minority business 3438 
enterprise in an economically disadvantaged area in this 3439 
agreement, in accordance with the duly adopted elig ibility 3440 
criteria. 3441 
 (3)  All participating organizations shall issue notice of 3442 
certification decisions granting or denying certification to all 3443 
other participating organizations within 14 days of the 3444 
decision. Such notice may be made through electronic medi a. 3445 
 (4)  No certification will be granted without an onsite 3446 
visit to verify ownership and control of the prospective 3447 
minority business enterprise in an economically disadvantaged 3448 
area, unless verification can be accomplished by other methods 3449 
of adequate verification or assessment of ownership and control. 3450     
 
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 (5)  The certification of a minority business enterprise in 3451 
an economically disadvantaged area pursuant to the terms of this 3452 
agreement shall not be suspended, revoked, or otherwise impaired 3453 
except on any grounds which would be sufficient for revocation 3454 
or suspension of a certification in the jurisdiction of the 3455 
participating organization. 3456 
 (6)  The certification determination of a party may be 3457 
challenged by any other participating organization by the 3458 
issuance of a timely written notice by the challenging 3459 
organization to the certifying organization's determination 3460 
within 10 days of receiving notice of the certification 3461 
decision, stating the grounds therefor. 3462 
 (7)  The sole accepted grounds for challenge shal l be the 3463 
failure of the certifying organization to adhere to the adopted 3464 
criteria or the certifying organization's rules or procedures, 3465 
or the perpetuation of a misrepresentation or fraud by the firm. 3466 
 (8)  The certifying organization shall reexamine its 3467 
certification determination and submit written notice to the 3468 
applicant and the challenging organization of its findings 3469 
within 30 days after the receipt of the notice of challenge. 3470 
 (9)  If the certification determination is affirmed, the 3471 
challenging agency may subsequently submit timely written notice 3472 
to the firm of its intent to revoke certification of the firm. 3473 
ARTICLE IV 3474 
 APPROVED AND ACCEPTED PROGRAMS. —Nothing in this agreement 3475     
 
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shall be construed to repeal or otherwise modify any ordinance, 3476 
law, or regulation of a party relating to the existing minority 3477 
business assistance provisions and procedures by which minority 3478 
business enterprises in economically disadvantaged areas 3479 
participate therein. 3480 
ARTICLE V 3481 
 TERM.—The term of the agreement shall be 5 years, a fter 3482 
which it may be reexecuted by the parties. 3483 
ARTICLE VI 3484 
 AGREEMENT EVALUATION. —The designated state and local 3485 
officials may meet from time to time as a group to evaluate 3486 
progress under the agreement, to formulate recommendations for 3487 
changes, or to propo se a new agreement. 3488 
ARTICLE VII 3489 
 OTHER ARRANGEMENTS.—Nothing in this agreement shall be 3490 
construed to prevent or inhibit other arrangements or practices 3491 
of any party in order to comply with federal law. 3492 
ARTICLE VIII 3493 
 EFFECT AND WITHDRAWAL. — 3494 
 (1)  This agreement shall become effective when properly 3495 
executed by a legal representative of the participating 3496 
organization, when enacted into the law of the state and after 3497 
an ordinance or other legislation is enacted into law by the 3498 
governing body of each participati ng organization. Thereafter it 3499 
shall become effective as to any participating organization upon 3500     
 
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the enactment of this agreement by the governing body of that 3501 
organization. 3502 
 (2)  Any party may withdraw from this agreement by enacting 3503 
legislation repealing t he same, but no such withdrawal shall 3504 
take effect until one year after the governing body of the 3505 
withdrawing party has given notice in writing of the withdrawal 3506 
to the other parties. 3507 
 (3)  No withdrawal shall relieve the withdrawing party of 3508 
any obligations imposed upon it by law. 3509 
ARTICLE IX 3510 
 FINANCIAL RESPONSIBILITY. — 3511 
 (1)  A participating organization shall not be financially 3512 
responsible or liable for the obligations of any other 3513 
participating organization related to this agreement. 3514 
 (2)  The provisions o f this agreement shall constitute 3515 
neither a waiver of any governmental immunity under Florida law 3516 
nor a waiver of any defenses of the parties under Florida law. 3517 
The provisions of this agreement are solely for the benefit of 3518 
its executors and not intended t o create or grant any rights, 3519 
contractual or otherwise, to any person or entity. 3520 
ARTICLE X 3521 
 VENUE AND GOVERNING LAW. —The obligations of the parties to 3522 
this agreement are performable only within the county where the 3523 
participating organization is located, and statewide for the 3524 
Office of Supplier Development Diversity, and venue for any 3525     
 
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legal action in connection with this agreement shall lie, for 3526 
any participating organization except the Office of Supplier 3527 
Development Diversity, exclusively in the county where the 3528 
participating organization is located. This agreement shall be 3529 
governed by and constru ed in accordance with the laws and court 3530 
decisions of the state. 3531 
ARTICLE XI 3532 
 CONSTRUCTION AND SEVERABILITY. —This agreement shall be 3533 
liberally construed so as to effectuate the purposes thereof. 3534 
The provisions of this agreement shall be severable and if any 3535 
phrase, clause, sentence, or provision of this agreement is 3536 
declared to be contrary to the State Constitution or the United 3537 
States Constitution, or the application thereof to any 3538 
government, agency, person, or circumstance is held invalid, the 3539 
validity of the remainder of this agreement and the 3540 
applicability thereof to any government, agency, person, or 3541 
circumstance shall not be affected thereby. If this agreement 3542 
shall be held contrary to the State Constitution, the agreement 3543 
shall remain in full force an d effect as to all severable 3544 
matters. 3545 
 Section 83.  Section 287.09451, Florida Statutes, is 3546 
amended to read: 3547 
 287.09451  Office of Supplier Development Diversity; 3548 
powers, duties, and functions. — 3549 
 (1)  The Legislature finds that there is evidence of a 3550     
 
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systematic pattern of past and continuing racial discrimination 3551 
against minority business enterprises in economically 3552 
disadvantaged areas and a disparity in the availability and use 3553 
of minority business enterprises in economically disadvantaged 3554 
areas in the state procurement system. It is determined to be a 3555 
compelling state interest to rectify such discrimination and 3556 
disparity. Based upon statistical data profiling this 3557 
discrimination, the Legislature has enacted race-conscious and 3558 
gender-conscious remedial programs to ensure minority 3559 
participation by persons in economically disadvantaged areas in 3560 
the economic life of the state, in state contracts for the 3561 
purchase of commodities and services, and in construction 3562 
contracts. The purpose and intent of this section is to increase 3563 
participation by minority business enterprises in economically 3564 
disadvantaged areas accomplished by encouraging the use of 3565 
minority business enterprises in economically disadvantaged 3566 
areas and the entry of new and diversified minority business 3567 
enterprises in economically disadvantaged areas into the 3568 
marketplace. 3569 
 (2)  The Office of Supplier Development Diversity is 3570 
established within the Department of Commerce Department of 3571 
Management Services to assist minority business enterprises in 3572 
economically disadvantaged areas in becoming suppliers of 3573 
commodities, services, and construction to state government. 3574 
 (3)  The secretary shall appoint an executive director for 3575     
 
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the Office of Supplier Development Diversity, who shall serve at 3576 
the pleasure of the secretary. 3577 
 (4)  The Office of Supplier Development Diversity shall 3578 
have the following powers, duties, and functions: 3579 
 (a)  To adopt rules to determine what constitutes a "good 3580 
faith effort" for purposes of state agency compliance with the 3581 
minority business enterprise procurement goals set forth in s. 3582 
287.042. Factors which shall be considered by the Minority 3583 
Business Enterprise Assistance Office in determining good faith 3584 
effort shall include, but not be limited to: 3585 
 1.  Whether the agency scheduled presolicitation or prebid 3586 
meetings for the purpose of informing minority business 3587 
enterprises in economically disadvantaged areas of contracting 3588 
and subcontracting opportunities. 3589 
 2.  Whether the contractor advertised in ge neral 3590 
circulation, trade association, or minority-focus media in 3591 
economically disadvantaged areas concerning the subcontracting 3592 
opportunities. 3593 
 3.  Whether the agency effectively used services and 3594 
resources of available minority community organizations in 3595 
economically disadvantaged areas ; minority contractors' groups 3596 
in economically disadvantaged areas ; local, state, and federal 3597 
minority business assistance offices in economically 3598 
disadvantaged areas; and other organizations that provide 3599 
assistance in the recruitment and placement of minority business 3600     
 
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enterprises in economically disadvantaged areas or minority 3601 
persons. 3602 
 4.  Whether the agency provided written notice to a 3603 
reasonable number of minority business enterprises in 3604 
economically disadvantaged areas that their interest in 3605 
contracting with the agency was being solicited in sufficient 3606 
time to allow the minority business enterprises in economically 3607 
disadvantaged areas to participate effectively. 3608 
 (b)  To adopt rules to determine what constitutes a "good 3609 
faith effort" for purposes of contractor compliance with 3610 
contractual requirements relating to the use of services or 3611 
commodities of a minority business enterprise in an economically 3612 
disadvantaged area under s. 287.094(2). Factors which shall be 3613 
considered by the Office of Supplier Development Diversity in 3614 
determining whether a contractor has made good faith efforts 3615 
shall include, but not be limited to: 3616 
 1.  Whether the contractor attended any presolicitation or 3617 
prebid meetings that were scheduled by the agen cy to inform 3618 
minority business enterprises in economically disadvantaged 3619 
areas of contracting and subcontracting opportunities. 3620 
 2.  Whether the contractor advertised in general 3621 
circulation, trade association, or minority-focus media in 3622 
economically disadvantaged areas concerning the subcontracting 3623 
opportunities. 3624 
 3.  Whether the contractor provided written notice to a 3625     
 
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reasonable number of specific minority business enterprises in 3626 
economically disadvantaged areas that their interest in the 3627 
contract was being solicited in sufficient time to allow the 3628 
minority business enterprises in economically disadvantaged 3629 
areas to participate effectively. 3630 
 4.  Whether the contractor followed up initial 3631 
solicitations of interest by contacting minority business 3632 
enterprises in economically disadvantaged areas or minority 3633 
persons to determine with certainty whether the minority 3634 
business enterprises in economically disadvantaged areas or 3635 
minority persons were interested. 3636 
 5.  Whether the contractor selected portions of the work to 3637 
be performed by minority business enterprises in economically 3638 
disadvantaged areas in order to increase the likelihood of 3639 
meeting the minority business enterprise in an economically 3640 
disadvantaged area procurement goals, including, where 3641 
appropriate, breaking down contracts into economically feasible 3642 
units to facilitate participation by business enterprises in 3643 
economically disadvantaged areas minority business enterprise 3644 
participation. 3645 
 6.  Whether the contractor provided interested minority 3646 
business enterprises in economically disadvantaged areas or 3647 
minority persons with adequate information about the plans, 3648 
specifications, and requirements of the contract or the 3649 
availability of jobs. 3650     
 
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 7.  Whether the contractor negotiated in good faith with 3651 
interested minority business enterprises in economically 3652 
disadvantaged areas or minority persons, not rejecting such 3653 
business enterprises minority business enterprises or minority 3654 
persons as unqualified without sound reasons based on a thorough 3655 
investigation of their capabilities. 3656 
 8.  Whether the contractor effectively used the services of 3657 
available minority community organizations in economically 3658 
disadvantaged areas; minority contractors ' groups in 3659 
economically disadvantaged areas ; local, state, and federal 3660 
minority business assistance offices in economically 3661 
disadvantaged areas; and other organizations that provide 3662 
assistance in the recruitment and placement of minority business 3663 
enterprises in economically disadvantaged areas or minority 3664 
persons. 3665 
 (c)  To adopt rules and do all things necessary or 3666 
convenient to guide all state agencies toward making 3667 
expenditures for commodities, contractual services, 3668 
construction, and architectural and en gineering services with 3669 
certified minority business enterprises in economically 3670 
disadvantaged areas in accordance with the minority business 3671 
enterprise procurement goals set forth in s. 287.042. 3672 
 (d)  To monitor the degree to which agencies procure 3673 
services, commodities, and construction from minority business 3674 
enterprises in economically disadvantaged areas in conjunction 3675     
 
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with the Department of Financial Services as specified in s. 3676 
17.11. 3677 
 (e)  To receive and disseminate information relative to 3678 
procurement opportunities, availability of minority business 3679 
enterprises in economically disadvantaged areas , and technical 3680 
assistance. 3681 
 (f)  To advise agencies on methods and techniques for 3682 
achieving procurement objectives. 3683 
 (g)  To provide a central minority business enterprise 3684 
certification process for business enterprises in economically 3685 
disadvantaged areas which includes independent verification of 3686 
status as a minority business enterprise in an economically 3687 
disadvantaged area. 3688 
 (h)  To develop procedures t o investigate complaints 3689 
against minority business enterprises or contractors in 3690 
economically disadvantaged areas alleged to violate any 3691 
provision related to this section or s. 287.0943, that may 3692 
include visits to worksites or business premises, and to ref er 3693 
all information on businesses suspected of misrepresenting their 3694 
minority status to the Department of Commerce Department of 3695 
Management Services for investigation. When an investigation is 3696 
completed and there is reason to believe that a violation has 3697 
occurred, the matter shall be referred to the office of the 3698 
Attorney General, Department of Legal Affairs, for prosecution. 3699 
 (i)  To maintain a directory of all minority business 3700     
 
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enterprises in economically disadvantaged areas which have been 3701 
certified and provide this information to any agency or business 3702 
requesting it. 3703 
 (j)  To encourage all firms which do more than $1 million 3704 
in business with the state within a 12 -month period to develop, 3705 
implement, and submit to this office a minority business 3706 
development plan. 3707 
 (k)  To communicate on a monthly basis with the Small 3708 
Businesses and Businesses in Economically Disadvantaged Areas 3709 
and Minority Business Advisory Council to keep the council 3710 
informed on issues relating to minority enterprise procurement. 3711 
 (l)  To serve as an advocate for minority business 3712 
enterprises in economically disadvantaged areas , and coordinate 3713 
with the small and minority business ombudsman, as defined in s. 3714 
288.703, which duties shall include: 3715 
 1.  Ensuring that agencies supported by state funding 3716 
effectively target the delivery of services and resources, as 3717 
related to minority business enterprises in economically 3718 
disadvantaged areas. 3719 
 2.  Establishing standards within each industry with which 3720 
the state government contracts on how agencies a nd contractors 3721 
may provide the maximum practicable opportunity for minority 3722 
business enterprises in economically disadvantaged areas . 3723 
 3.  Assisting agencies and contractors by providing 3724 
outreach to minority businesses in economically disadvantaged 3725     
 
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areas, by specifying and monitoring technical and managerial 3726 
competence for minority business enterprises in economically 3727 
disadvantaged areas, and by consulting in planning of agency 3728 
procurement to determine how best to provide opportunities for 3729 
minority business enterprises in economically disadvantaged 3730 
areas. 3731 
 4.  Integrating technical and managerial assistance for 3732 
minority business enterprises in economically disadvantaged 3733 
areas with government contracting opportunities. 3734 
 (m)  To certify minority business enterprises in 3735 
economically disadvantaged areas , as defined in s. 288.703, and 3736 
as specified in ss. 287.0943 and 287.09431, and shall recertify 3737 
such minority businesses at least once every 2 years. Minority 3738 
Business enterprises in economically disadvant aged areas must be 3739 
recertified at least once every 2 years. Such certifications may 3740 
include an electronic signature. 3741 
 (n)1.  To develop procedures to be used by an agency in 3742 
identifying commodities, contractual services, architectural and 3743 
engineering services, and construction contracts, except those 3744 
architectural, engineering, construction, or other related 3745 
services or contracts subject to the provisions of chapter 339, 3746 
that could be provided by minority business enterprises in 3747 
economically disadvantaged a reas. Each agency is encouraged to 3748 
spend 21 percent of the moneys actually expended for 3749 
construction contracts, 25 percent of the moneys actually 3750     
 
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expended for architectural and engineering contracts, 24 percent 3751 
of the moneys actually expended for commoditi es, and 50.5 3752 
percent of the moneys actually expended for contractual services 3753 
during the previous fiscal year, except for the state university 3754 
construction program which shall be based upon public education 3755 
capital outlay projections for the subsequent fis cal year, and 3756 
reported to the Legislature pursuant to s. 216.023, for the 3757 
purpose of entering into contracts with certified minority 3758 
business enterprises in economically disadvantaged areas as 3759 
defined in s. 288.703, or approved joint ventures. However, in 3760 
the event of budget reductions pursuant to s. 216.221, the base 3761 
amounts may be adjusted to reflect such reductions. The overall 3762 
spending goal for each industry category shall be subdivided as 3763 
follows: 3764 
 a.  For construction contracts: 4 percent for black 3765 
Americans, 6 percent for Hispanic -Americans, and 11 percent for 3766 
American women. 3767 
 b.  For architectural and engineering contracts: 9 percent 3768 
for Hispanic-Americans, 1 percent for Asian -Americans, and 15 3769 
percent for American women. 3770 
 c.  For commodities: 2 perc ent for black Americans, 4 3771 
percent for Hispanic -Americans, 0.5 percent for Asian -Americans, 3772 
0.5 percent for Native Americans, and 17 percent for American 3773 
women. 3774 
 d.  For contractual services: 6 percent for black 3775     
 
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Americans, 7 percent for Hispanic -Americans, 1 percent for 3776 
Asian-Americans, 0.5 percent for Native Americans, and 36 3777 
percent for American women. 3778 
 2.  For the purposes of commodities contracts for the 3779 
purchase of equipment to be used in the construction and 3780 
maintenance of state transportation facilit ies involving the 3781 
Department of Transportation, the terms " minority business 3782 
enterprise in an economically disadvantaged area " has and 3783 
"minority person" have the same meaning meanings as provided in 3784 
s. 288.703. In order to ensure that the goals established under 3785 
this paragraph for contracting with certified minority business 3786 
enterprises in economically disadvantaged areas are met, the 3787 
department, with the assistance of the Office of Supplier 3788 
Development Diversity, shall make recommendations to the 3789 
Legislature on revisions to the goals, based on an updated 3790 
statistical analysis, at least once every 5 years. Such 3791 
recommendations shall be based on statistical data indicating 3792 
the availability of and disparity in the use of minority 3793 
businesses in economically disa dvantaged areas contracting with 3794 
the state. 3795 
 3.  In determining the base amounts for assessing 3796 
compliance with this paragraph, the Office of Supplier 3797 
Development Diversity may develop, by rule, guidelines for all 3798 
agencies to use in establishing such base a mounts. These rules 3799 
must include, but are not limited to, guidelines for calculation 3800     
 
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of base amounts, a deadline for the agencies to submit base 3801 
amounts, a deadline for approval of the base amounts by the 3802 
Office of Supplier Development Diversity, and procedures for 3803 
adjusting the base amounts as a result of budget reductions made 3804 
pursuant to s. 216.221. 3805 
 4.  To determine guidelines for the use of price 3806 
preferences, weighted preference formulas, or other preferences, 3807 
as appropriate to the particular industry or trade, to increase 3808 
the participation of minority businesses in economically 3809 
disadvantaged areas in state contracting. These guidelines shall 3810 
include consideration of: 3811 
 a.  Size and complexity of the project. 3812 
 b.  The concentration of transactions with minority 3813 
business enterprises in economically disadvantaged areas for the 3814 
commodity or contractual services in question in prior agency 3815 
contracting. 3816 
 c.  The specificity and definition of work allocated to 3817 
participating minority business enterprises in economically 3818 
disadvantaged areas. 3819 
 d.  The capacity of participating minority business 3820 
enterprises in economically disadvantaged areas to complete the 3821 
tasks identified in the project. 3822 
 e.  The available pool of minority business enterprises in 3823 
economically disadvantaged areas as prime contractors, either 3824 
alone or as partners in an approved joint venture that serves as 3825     
 
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the prime contractor. 3826 
 5.  To determine guidelines for use of joint ventures to 3827 
meet minority business enterprises spending goals. For purposes 3828 
of this section, "joint venture" means any association of two or 3829 
more business concerns to carry out a single business enterprise 3830 
for profit, for which purpose they combine their property, 3831 
capital, efforts, skills, and knowledge. The guidelines shall 3832 
allow transactions with joint ventures to be eligible for credit 3833 
against the minority business enterprise goals of an agency when 3834 
the contracting joint venture demonstrates that at least one 3835 
partner to the joint venture is a certified minority business 3836 
enterprise in an economically disadvantaged area as defined in 3837 
s. 288.703, and that such partner is responsible for a clearly 3838 
defined portion of the work to be performed, and shares in the 3839 
ownership, control, management, responsibilities, risks, and 3840 
profits of the joint venture. Such demonstration shall be by 3841 
verifiable documents and sworn statements and may be reviewed by 3842 
the Office of Supplier Development Diversity at or before the 3843 
time a contract bid, proposal, or reply is submitted. An agency 3844 
may count toward its minority business enterprise goals a 3845 
portion of the total dollar amount of a contract equal to the 3846 
percentage of the ownership and control held by the qualifying 3847 
certified minority business partners in the contracting joint 3848 
venture, so long as the joint venture meets the guidelines 3849 
adopted by the office. 3850     
 
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 (o)1.  To establish a system to record and measure the use 3851 
of certified minority business enterprises in economically 3852 
disadvantaged areas in state contracting. This system shall 3853 
maintain information and statistics on the participation of 3854 
certified minority business enterprises in economically 3855 
disadvantaged areas enterprise participation , awards, dollar 3856 
volume of expenditures and age ncy goals, and other appropriate 3857 
types of information to analyze progress in the access of 3858 
certified minority business enterprises in economically 3859 
disadvantaged areas to state contracts and to monitor agency 3860 
compliance with this section. Such reporting mus t include, but 3861 
is not limited to, the identification of all subcontracts in 3862 
state contracting by dollar amount and by number of subcontracts 3863 
and the identification of the utilization of certified minority 3864 
business enterprises in economically disadvantaged areas as 3865 
prime contractors and subcontractors by dollar amounts of 3866 
contracts and subcontracts, number of contracts and 3867 
subcontracts, minority status, industry, and any conditions or 3868 
circumstances that significantly affected the performance of 3869 
subcontractors. Agencies shall report their compliance with the 3870 
requirements of this reporting system at least annually and at 3871 
the request of the office. All agencies shall cooperate with the 3872 
office in establishing this reporting system. Except in 3873 
construction contract ing, all agencies shall review contracts 3874 
costing in excess of CATEGORY FOUR as defined in s. 287.017 to 3875     
 
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determine if such contracts could be divided into smaller 3876 
contracts to be separately solicited and awarded, and shall, 3877 
when economical, offer such small er contracts to encourage 3878 
minority participation. 3879 
 2.  To report agency compliance with the provisions of 3880 
subparagraph 1. for the preceding fiscal year to the Governor 3881 
and Cabinet, the President of the Senate, and the Speaker of the 3882 
House of Representative s on or before February 1 of each year. 3883 
The report must contain, at a minimum, the following: 3884 
 a.  Total expenditures of each agency by industry. 3885 
 b.  The dollar amount and percentage of contracts awarded 3886 
to certified minority business enterprises in economically 3887 
disadvantaged areas by each state agency. 3888 
 c.  The dollar amount and percentage of contracts awarded 3889 
indirectly to certified minority business enterprises in 3890 
economically disadvantaged areas as subcontractors by each state 3891 
agency. 3892 
 d.  The total dollar amount and percentage of contracts 3893 
awarded to certified minority business enterprises in 3894 
economically disadvantaged areas , whether directly or 3895 
indirectly, as subcontractors. 3896 
 e.  A statement and assessment of good faith efforts taken 3897 
by each state agency. 3898 
 f.  A status report of agency compliance with subsection 3899 
(6), as determined by the Minority Business Enterprise office. 3900     
 
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 (5)(a)  Each agency shall, at the time the specifications 3901 
or designs are developed or contract sizing is determin ed for 3902 
any proposed procurement costing in excess of CATEGORY FOUR, as 3903 
defined in s. 287.017, forward a notice to the Office of 3904 
Supplier Development Diversity of the proposed procurement and 3905 
any determination on the designs of specifications of the 3906 
proposed procurement that impose requirements on prospective 3907 
vendors, no later than 30 days prior to the issuance of a 3908 
solicitation, except that this provision shall not apply to 3909 
emergency acquisitions. The 30 -day notice period shall not toll 3910 
the time for any oth er procedural requirements. 3911 
 (b)  If the Office of Supplier Development Diversity 3912 
determines that the proposed procurement will not likely allow 3913 
opportunities for minority business enterprises in economically 3914 
disadvantaged areas, the office may, within 20 days after it 3915 
receives the information specified in paragraph (a), propose the 3916 
implementation of minority business enterprise in an 3917 
economically disadvantaged area utilization provisions or submit 3918 
alternative procurement methods that would significantly 3919 
increase minority business enterprise contracting opportunities 3920 
in economically disadvantaged areas . 3921 
 (c)  Whenever the agency and the Office of Supplier 3922 
Development Diversity disagree, the matter shall be submitted 3923 
for determination to the head of the agenc y or the senior-level 3924 
official designated pursuant to this section as liaison for 3925     
 
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minority business enterprise issues relating to business 3926 
enterprises in economically disadvantaged areas . 3927 
 (d)  If the proposed procurement proceeds to competitive 3928 
solicitation, the office is hereby granted standing to protest, 3929 
pursuant to this section, in a timely manner, any contract award 3930 
during competitive solicitation for contractual services and 3931 
construction contracts that fail to include minority business 3932 
enterprise participation of business enterprises in economically 3933 
disadvantaged areas, if any responsible and responsive vendor 3934 
has demonstrated the ability to achieve any level of 3935 
participation, or, any contract award for commodities where, a 3936 
reasonable and economical o pportunity to reserve a contract, 3937 
statewide or district level, for minority participation was not 3938 
executed or, an agency failed to adopt an applicable preference 3939 
for minority participation. The bond requirement shall be waived 3940 
for the office purposes of th is subsection. 3941 
 (e)  An agency may presume that a vendor offering no 3942 
minority participation of business enterprises in economically 3943 
disadvantaged areas has not made a good faith effort when other 3944 
vendors offer such minority participation of firms listed as 3945 
relevant to the agency's purchasing needs in the pertinent 3946 
locality or statewide to complete the project. 3947 
 (f)  Paragraph (a) will not apply when the Office of 3948 
Supplier Development Diversity determines that an agency has 3949 
established a work plan to allow a dvance consultation and 3950     
 
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planning with minority business enterprises in economically 3951 
disadvantaged areas and where such plan clearly demonstrates: 3952 
 1.  A high level of advance planning by the agency with 3953 
minority business enterprises in economically disadvantaged 3954 
areas. 3955 
 2.  A high level of accessibility, knowledge, and 3956 
experience by minority business enterprises in economically 3957 
disadvantaged areas in the agency's contract decisionmaking 3958 
process. 3959 
 3.  A high quality of agency monitoring and enforcemen t of 3960 
internal implementation of minority business enterprises in 3961 
economically disadvantaged areas utilization provisions. 3962 
 4.  A high quality of agency monitoring and enforcement of 3963 
contractor utilization of minority business enterprises in 3964 
economically disadvantaged areas, especially tracking 3965 
subcontractor data, and ensuring the integrity of subcontractor 3966 
reporting. 3967 
 5.  A high quality of agency outreach, agency networking of 3968 
major vendors with minority vendors in economically 3969 
disadvantaged areas, and innovation in techniques to improve 3970 
utilization of minority business enterprises in economically 3971 
disadvantaged areas. 3972 
 6.  Substantial commitment, sensitivity, and proactive 3973 
attitude by the agency head and among the agency minority 3974 
business staff. 3975     
 
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 (6)  Each state agency shall coordinate its minority 3976 
business enterprise procurement activities with the Office of 3977 
Supplier Development Diversity. At a minimum, each agency shall: 3978 
 (a)  Adopt a minority business enterprise utilization plan 3979 
for review and approval by the Office of Supplier Development 3980 
Diversity which should require meaningful and useful methods to 3981 
attain the legislative intent in assisting minority business 3982 
enterprises in economically disadvantaged areas . 3983 
 (b)  Designate a senior -level employee in the agency as a 3984 
minority enterprise assistance officer, responsible for 3985 
overseeing the agency's minority business utilization activities 3986 
for business enterprises in economically disadvantaged areas , 3987 
and who is not also charged with purchasing responsibility. A 3988 
senior-level agency employee and agency purchasing officials 3989 
shall be accountable to the agency head for the agency's 3990 
minority business utilization performance. The Office of 3991 
Supplier Development Diversity shall advise each agency on 3992 
compliance performanc e. 3993 
 (c)  If an agency deviates significantly from its 3994 
utilization plan in 2 consecutive or 3 out of 5 total fiscal 3995 
years, the Office of Supplier Development Diversity may review 3996 
any and all solicitations and contract awards of the agency as 3997 
deemed necessary until such time as the agency meets its 3998 
utilization plan. 3999 
 Section 84.  Section 287.0947, Florida Statutes, is amended 4000     
 
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to read: 4001 
 287.0947  Small Businesses and Businesses in Economically 4002 
Disadvantaged Areas Florida Advisory Council on Small and 4003 
Minority Business Development ; creation; membership; duties. — 4004 
 (1)  The Secretary of Management Services may create the 4005 
Small Businesses and Businesses in Economically Disadvantaged 4006 
Areas Florida Advisory Council on Small and Minority Business 4007 
Development with the purpose of advising and assisting the 4008 
secretary in carrying out the secretary's duties with respect to 4009 
minority businesses in economically disadvantaged areas and 4010 
economic and business development. It is the intent of the 4011 
Legislature that the membership of such council includes include 4012 
practitioners, laypersons, financiers, and others with business 4013 
development experience who can provide invaluable insight and 4014 
expertise for this state in the diversification of its markets 4015 
and networking of business opportu nities. The council shall 4016 
initially consist of 19 persons, each of whom is or has been 4017 
actively engaged in small and minority business development and 4018 
business development in economically disadvantaged areas , either 4019 
in private industry, in governmental ser vice, or as a scholar of 4020 
recognized achievement in the study of such matters. Initially, 4021 
the council shall consist of members representing all regions of 4022 
the state and shall include at least one member from each group 4023 
identified within the definition of "minority person" in s. 4024 
288.703(4), considering also gender and nationality subgroups , 4025     
 
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and shall consist of the following: 4026 
 (a)  Four members consisting of representatives of local 4027 
and federal small and minority business and business enterprises 4028 
in economically disadvantaged areas assistance programs or 4029 
community development programs. 4030 
 (b)  Eight members composed of representatives of the 4031 
minority private business sector in economically disadvantaged 4032 
areas, including certified minority business enterprises in 4033 
economically disadvantaged areas and minority supplier 4034 
development councils in economically disadvantaged areas , among 4035 
whom at least two shall be women and at least four shall be 4036 
minority persons. 4037 
 (c)  Two representatives of local government, one of wh om 4038 
shall be a representative of a large local government, and one 4039 
of whom shall be a representative of a small local government. 4040 
 (d)  Two representatives from the banking and insurance 4041 
industry. 4042 
 (e)  Two members from the private business sector, 4043 
representing the construction and commodities industries. 4044 
 (f)  The Secretary of Commerce or his or her designee. 4045 
 4046 
A candidate for appointment may be considered if he or she is 4047 
eligible to be certified as an owner of a minority business 4048 
enterprise in an economically disadvantaged area , or if 4049 
otherwise qualified under the criteria above. Vacancies may be 4050     
 
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filled by appointment of the secretary, in the manner of the 4051 
original appointment. 4052 
 (2)  Each appointed member shall serve for a term of 2 4053 
years from the date of appointment, except that a vacancy shall 4054 
be filled by appointment for the remainder of the unexpired 4055 
term. The council shall annually elect a chair and a vice chair. 4056 
The council shall adopt internal procedures or bylaws necessary 4057 
for efficient operations. Members of the council shall serve 4058 
without compensation or honorarium but shall be entitled to per 4059 
diem and travel expenses pursuant to s. 112.061 for the 4060 
performance of duties for the council. The executive 4061 
administrator of the commission may remo ve a council member for 4062 
cause. 4063 
 (3)  Within 30 days after its initial meeting, the council 4064 
shall elect from among its members a chair and a vice chair. 4065 
 (4)  The council shall meet at the call of its chair, at 4066 
the request of a majority of its membership, a t the request of 4067 
the commission or its executive administrator, or at such times 4068 
as may be prescribed by rule, but not less than once a year, to 4069 
offer its views on issues related to the development of small 4070 
businesses and business enterprises in economical ly 4071 
disadvantaged areas minority business development of concern to 4072 
this state. A majority of the members of the council shall 4073 
constitute a quorum. 4074 
 (5)  The powers and duties of the council include, but are 4075     
 
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not limited to: researching and reviewing the rol e of small and 4076 
minority businesses and business enterprises in economically 4077 
disadvantaged areas in the state's economy; reviewing issues and 4078 
emerging topics relating to small and minority business economic 4079 
development of small businesses and business enter prises in 4080 
economically disadvantaged areas ; studying the ability of 4081 
financial markets and institutions to meet small business credit 4082 
needs and determining the impact of government demands on credit 4083 
for small businesses; assessing the implementation of s. 4084 
187.201(21), requiring a state economic development 4085 
comprehensive plan, as it relates to small and minority 4086 
businesses and business enterprises in economically 4087 
disadvantaged areas; assessing the reasonableness and 4088 
effectiveness of efforts by any state agenc y or by all state 4089 
agencies collectively to assist minority business enterprises in 4090 
economically disadvantaged areas ; and advising the Governor, the 4091 
secretary, and the Legislature on matters relating to the small 4092 
and minority business development of small businesses and 4093 
business enterprises in economically disadvantaged areas which 4094 
are of importance to the international strategic planning and 4095 
activities of this state. 4096 
 (6)  On or before January 1 of each year, the council shall 4097 
present an annual report to th e secretary that sets forth in 4098 
appropriate detail the business transacted by the council during 4099 
the year and any recommendations to the secretary, including 4100     
 
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those to improve business opportunities for small businesses and 4101 
minority business enterprises in economically disadvantaged 4102 
areas. 4103 
 Section 85.  Section 288.1167, Florida Statutes, is amended 4104 
to read: 4105 
 288.1167  Sports franchise contract provisions for food and 4106 
beverage concession and contract awards to minority business 4107 
enterprises in economically disadvantaged areas.—Any applicant 4108 
who receives funding pursuant to the provisions of s. 212.20 4109 
must demonstrate that: 4110 
 (1)  Funds and facilities with respect to food and beverage 4111 
and related concessions shall be awarded to minority business 4112 
enterprises in economically disadvantaged areas as defined in s. 4113 
288.703 on the same terms and conditions as the general food and 4114 
beverage concessionaire and in accordance with the minority 4115 
business enterprise procurement goals set forth in s. 287.09451; 4116 
 (2)  At least 15 percent of a company contracted to manage 4117 
a professional sports franchise facility or a spring training 4118 
franchise facility is owned by minority business enterprises in 4119 
economically disadvantaged areas or by a minority person 4120 
residing in an economically d isadvantaged area as those terms 4121 
are defined in s. 288.703 ; or 4122 
 (3)  At least 15 percent of all operational service 4123 
contracts with a professional sports franchise facility or a 4124 
spring training franchise facility are awarded to minority 4125     
 
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business enterprises in economically disadvantaged areas or to a 4126 
minority person residing in an economically disadvantaged area 4127 
as those terms are defined in s. 288.703 . 4128 
 Section 86.  Subsection (1) of section 288.12266, Florida 4129 
Statutes, is amended to r ead: 4130 
 288.12266  Targeted Marketing Assistance Program. — 4131 
 (1)  The Targeted Marketing Assistance Program is created 4132 
to enhance the tourism business marketing of small, minority, 4133 
rural, and agritourism businesses , as well as businesses located 4134 
in economically disadvantaged areas, in the state. The 4135 
department, in conjunction with the Florida Tourism Industry 4136 
Marketing Corporation, shall administer the program. The program 4137 
shall provide marketing plans, marketing assistance, promotional 4138 
support, media developm ent, technical expertise, marketing 4139 
advice, technology training, social marketing support, and other 4140 
assistance to an eligible entity. 4141 
 Section 87.  Subsection (2) of section 288.7015, Florida 4142 
Statutes, is amended to read: 4143 
 288.7015  Appointment of rules ombudsman; duties.—The 4144 
Governor shall appoint a rules ombudsman, as defined in s. 4145 
288.703, in the Executive Office of the Governor, for 4146 
considering the impact of agency rules on the state's citizens 4147 
and businesses. The duties of the rules ombudsman are to : 4148 
 (2)  Review state agency rules that adversely or 4149 
disproportionately impact businesses, particularly those 4150     
 
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relating to small businesses and minority businesses in 4151 
economically disadvantaged areas . 4152 
 Section 88.  Section 288.7031, Florida Statutes, is am ended 4153 
to read: 4154 
 288.7031  Application of certain definitions. —The 4155 
definitions of "small business," "minority business enterprise," 4156 
and "certified minority business enterprise in an economically 4157 
disadvantaged area" provided in s. 288.703 apply to the state 4158 
and all political subdivisions of the state. 4159 
 Section 89.  Paragraph (g) of subsection (2) of section 4160 
288.975, Florida Statutes, is redesignated as paragraph (f) of 4161 
that subsection, and present paragraph (f) of subsection (2), 4162 
paragraph (c) of subsection (4), subsections (7), (8), and (9) 4163 
of that section are amended, to read: 4164 
 288.975  Military base reuse plans. — 4165 
 (2)  As used in this section, the term: 4166 
 (f)  "Regional policy plan" means a strategic regional 4167 
policy plan that has been adopted by rule by a regional planning 4168 
council pursuant to s. 186.508. 4169 
 (4) 4170 
 (c)  Military base reuse plans shall identify projected 4171 
impacts to significant regional resources and natural resources 4172 
of regional significance as identified by applicable regional 4173 
planning councils in their regional policy plans and the actions 4174 
that shall be taken to mitigate such impacts. 4175     
 
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 (7)  A military base reuse plan shall be consistent with 4176 
the comprehensive plan of the host local government and shall 4177 
not conflict with the comprehensive plan of any affected local 4178 
governments. A military base reuse plan shall be consistent with 4179 
the nonprocedural requirements of part II of chapter 163 , and 4180 
rules adopted thereunder, applicable regional policy plans, and 4181 
the state comprehensive plan. 4182 
 (8)  At the request of a host local government, the 4183 
department shall coordinate a presubmission workshop concerning 4184 
a military base reuse plan within the boundaries of the host 4185 
jurisdiction. Agencies that shall participate in the workshop 4186 
shall include any affected loca l governments; the Department of 4187 
Environmental Protection; the department; the Department of 4188 
Transportation; the Department of Health; the Department of 4189 
Children and Families; the Department of Juvenile Justice; the 4190 
Department of Agriculture and Consumer S ervices; the Department 4191 
of State; the Fish and Wildlife Conservation Commission; and any 4192 
applicable water management districts and regional planning 4193 
councils. The purposes of the workshop shall be to assist the 4194 
host local government to understand issues of concern to the 4195 
above listed entities pertaining to the military base site and 4196 
to identify opportunities for better coordination of planning 4197 
and review efforts with the information and analyses generated 4198 
by the federal environmental impact statement proces s and the 4199 
federal community base reuse planning process. 4200     
 
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 (9)  If a host local government elects to use the optional 4201 
provisions of this act, it shall, no later than 12 months after 4202 
notifying the agencies of its intent pursuant to subsection (3) 4203 
either: 4204 
 (a)  Send a copy of the proposed military base reuse plan 4205 
for review to any affected local governments; the Department of 4206 
Environmental Protection; the department; the Department of 4207 
Transportation; the Department of Health; the Department of 4208 
Children and Families; the Department of Juvenile Justice; the 4209 
Department of Agriculture and Consumer Services; the Department 4210 
of State; the Fish and Wildlife Conservation Commission; and any 4211 
applicable water management ; or districts and regional planning 4212 
councils, or 4213 
 (b)  Petition the department for an extension of the 4214 
deadline for submitting a proposed reuse plan. Such an extension 4215 
request must be justified by changes or delays in the closure 4216 
process by the federal Department of Defense or for reasons 4217 
otherwise deemed to promote the orderly and beneficial planning 4218 
of the subject military base reuse. The department may grant 4219 
extensions to the required submission date of the reuse plan. 4220 
 Section 90.  Subsections (1) and (4) of section 290.004, 4221 
Florida Statutes, are ame nded to read: 4222 
 290.004  Definitions relating to Florida Enterprise Zone 4223 
Act.—As used in ss. 290.001 -290.016: 4224 
 (1)  "Community investment corporation" means a black 4225     
 
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business investment corporation, a certified development 4226 
corporation, a small business inves tment corporation, or other 4227 
similar entity incorporated under Florida law that has limited 4228 
its investment policy to making investments solely in small 4229 
businesses and minority business enterprises in economically 4230 
disadvantaged areas. 4231 
 (4)  "Minority Business enterprise in an economically 4232 
disadvantaged area" has the same meaning as provided in s. 4233 
288.703. 4234 
 Section 91.  Paragraph (f) of subsection (1) of section 4235 
290.0057, Florida Statutes, is amended to read: 4236 
 290.0057  Enterprise zone development plan. — 4237 
 (1)  Any application for designation as a new enterprise 4238 
zone must be accompanied by a strategic plan adopted by the 4239 
governing body of the municipality or county, or the governing 4240 
bodies of the county and one or more municipalities together. At 4241 
a minimum, the plan must: 4242 
 (f)  Identify the amount of local and private resources 4243 
that will be available in the nominated area and the 4244 
private/public partnerships to be used, which may include 4245 
participation by, and cooperation with, universities, community 4246 
colleges, small business development centers, black business 4247 
investment corporations in economically disadvantaged areas , 4248 
certified development corporations, and other private and public 4249 
entities. 4250     
 
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 Section 92.  Subsection (3) of section 320.63, Florida 4251 
Statutes, is amended to read: 4252 
 320.63  Application for license; contents. —Any person 4253 
desiring to be licensed pursuant to ss. 320.60 -320.70 shall make 4254 
application therefor to the department upon a form containing 4255 
such information as the department requires. The department 4256 
shall require, with such application or otherwise and from time 4257 
to time, all of the following, which information may be 4258 
considered by the department in determining the fitness of the 4259 
applicant or licensee to engage in the business for which the 4260 
applicant or licensee desires to be licensed: 4261 
 (3)  From each manufacturer, distributor, or importer which 4262 
utilizes an identical blanket basic agreement for its dealers or 4263 
distributors in this state, which agreement comprises all or any 4264 
part of the applicant's or licensee's agreements with motor 4265 
vehicle dealers in this state, a copy of the written agreement 4266 
and all supplements thereto, together with a list of the 4267 
applicant's or licensee's authorized dealers or distributors and 4268 
their addresses. The applicant or licensee shall further notify 4269 
the department immediately of the appointment of any additional 4270 
dealer or distributor. The applicant or licensee shall annually 4271 
report to the department on its efforts to add new minority 4272 
dealer points, including difficult ies encountered under ss. 4273 
320.61-320.70. For purposes of this section "minority" shall 4274 
have the same meaning as that given it in the definition of 4275     
 
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"minority person" in s. 288.703. Not later than 60 days before 4276 
the date a revision or modification to a franc hise agreement is 4277 
offered uniformly to a licensee's motor vehicle dealers in this 4278 
state, the licensee shall notify the department of such 4279 
revision, modification, or addition to the franchise agreement 4280 
on file with the department. In no event may a franchis e 4281 
agreement, or any addendum or supplement thereto, be offered to 4282 
a motor vehicle dealer in this state until the applicant or 4283 
licensee files an affidavit with the department acknowledging 4284 
that the terms or provisions of the agreement, or any related 4285 
document, are not inconsistent with, prohibited by, or contrary 4286 
to the provisions contained in ss. 320.60 -320.70. Any franchise 4287 
agreement offered to a motor vehicle dealer in this state shall 4288 
provide that all terms and conditions in such agreement 4289 
inconsistent with the law and rules of this state are of no 4290 
force and effect. 4291 
 Section 93.  Paragraph (f) of subsection (1) of section 4292 
334.045, Florida Statutes, is amended to read: 4293 
 334.045  Transportation performance and productivity 4294 
standards; development; measurem ent; application.— 4295 
 (1)  The Florida Transportation Commission shall develop 4296 
and adopt measures for evaluating the performance and 4297 
productivity of the department. The measures may be both 4298 
quantitative and qualitative and must, to the maximum extent 4299 
practical, assess those factors that are within the department's 4300     
 
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control. The measures must, at a minimum, assess performance in 4301 
the following areas: 4302 
 (f)  Business enterprises in economically disadvantaged 4303 
areas business enterprise and minority business programs . 4304 
 Section 94.  Paragraph (b) of subsection (3) of section 4305 
335.188, Florida Statutes, is amended to read: 4306 
 335.188  Access management standards; access control 4307 
classification system; criteria. — 4308 
 (3)  The control classification system shall be developed 4309 
consistent with the following: 4310 
 (b)  The access control classification system shall be 4311 
developed in cooperation with counties, municipalities, the 4312 
state land planning agency, regional planning councils, 4313 
metropolitan planning organizations, and other local 4314 
governmental entities. 4315 
 Section 95.  Subsection (4) of section 338.227, Florida 4316 
Statutes, is amended to read: 4317 
 338.227  Turnpike revenue bonds. — 4318 
 (4)  The Department of Transportation and the Department of 4319 
Management Services shall create and implement an outreach 4320 
program designed to enhance the participation of minority 4321 
persons and minority business enterprises in economically 4322 
disadvantaged areas in all contracts entered into by their 4323 
respective departments for services related to the financing of 4324 
department projects for the Strategic Intermodal System Plan 4325     
 
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developed pursuant to s. 339.64. These services shall include, 4326 
but are not limited to, bond counsel and bond underwriters. 4327 
 Section 96.  Paragraph (b) of subsection (4) of section 4328 
339.155, Florida Sta tutes, is amended to read: 4329 
 339.155  Transportation planning. — 4330 
 (4)  ADDITIONAL TRANSPORTATION PLANS. — 4331 
 (b)  Each regional planning council, as provided for in s. 4332 
186.504, or any successor agency thereto, shall develop, as an 4333 
element of its strategic regional policy plan, transportation 4334 
goals and policies. The transportation goals and policies must 4335 
be prioritized to comply with the prevailing principles provided 4336 
in subsection (1) and s. 334.046(1). The transportation goals 4337 
and policies shall be consist ent, to the maximum extent 4338 
feasible, with the goals and policies of the metropolitan 4339 
planning organization and the Florida Transportation Plan. The 4340 
transportation goals and policies of the regional planning 4341 
council will be advisory only and shall be submit ted to the 4342 
department and any affected metropolitan planning organization 4343 
for their consideration and comments. Metropolitan planning 4344 
organization plans and other local transportation plans shall be 4345 
developed consistent, to the maximum extent feasible, wit h the 4346 
regional transportation goals and policies. 4347 
 Section 97.  Paragraph (g) of subsection (6) of section 4348 
339.175, Florida Statutes, is amended to read: 4349 
 339.175  Metropolitan planning organization. — 4350     
 
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 (6)  POWERS, DUTIES, AND RESPONSIBILITIES. —The powers, 4351 
privileges, and authority of an M.P.O. are those specified in 4352 
this section or incorporated in an interlocal agreement 4353 
authorized under s. 163.01. Each M.P.O. shall perform all acts 4354 
required by federal or state laws or rules, now and subsequently 4355 
applicable, which are necessary to qualify for federal aid. It 4356 
is the intent of this section that each M.P.O. be involved in 4357 
the planning and programming of transportation facilities, 4358 
including, but not limited to, airports, intercity and high -4359 
speed rail lines, seaports, and intermodal facilities, to the 4360 
extent permitted by state or federal law. An M.P.O. may not 4361 
perform project production or delivery for capital improvement 4362 
projects on the State Highway System. 4363 
 (g)  Each M.P.O. shall have an executive or staff d irector 4364 
who reports directly to the M.P.O. governing board for all 4365 
matters regarding the administration and operation of the M.P.O. 4366 
and any additional personnel as deemed necessary. The executive 4367 
director and any additional personnel may be employed either by 4368 
an M.P.O. or by another governmental entity, such as a county or 4369 
, city, or regional planning council, that has a staff services 4370 
agreement signed and in effect with the M.P.O. Each M.P.O. may 4371 
enter into contracts with local or state agencies, private 4372 
planning firms, private engineering firms, or other public or 4373 
private entities to accomplish its transportation planning and 4374 
programming duties and administrative functions. 4375     
 
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 Section 98.  Paragraph (b) of subsection (3) and paragraph 4376 
(c) of subsection (4) of section 339.2821, Florida Statutes, are 4377 
amended to read: 4378 
 339.2821  Economic development transportation projects. — 4379 
 (3) 4380 
 (b)  The department must ensure that small and minority 4381 
businesses and businesses in economically disadvantaged areas 4382 
have equal access to participate in transportation projects 4383 
funded pursuant to this section. 4384 
 (4)  A contract between the department and a governmental 4385 
body for a transportation project must: 4386 
 (c)  Require that the governmental body provide the 4387 
department with progress reports. Each progress report must 4388 
contain: 4389 
 1.  A narrative description of the work completed and 4390 
whether the work is proceeding according to the transportation 4391 
project schedule; 4392 
 2.  A description of each change order executed by the 4393 
governmental body; 4394 
 3.  A budget summary detailing planned expenditures 4395 
compared to actual expenditures; and 4396 
 4.  The identity of each small or minority business or 4397 
business in an economically disadvantaged area used as a 4398 
contractor or subcontractor. 4399 
 Section 99.  Subsecti ons (3) and (4) of section 339.63, 4400     
 
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Florida Statutes, are amended to read: 4401 
 339.63  System facilities designated; additions and 4402 
deletions.— 4403 
 (3)  After the initial designation of the Strategic 4404 
Intermodal System under subsection (1), the department shall, in 4405 
coordination with the metropolitan planning organizations, local 4406 
governments, regional planning councils, transportation 4407 
providers, and affected public agencies, add facilities to or 4408 
delete facilities from the Strategic Intermodal System described 4409 
in paragraphs (2)(b) and (c) based upon criteria adopted by the 4410 
department. 4411 
 (4)  After the initial designation of the Strategic 4412 
Intermodal System under subsection (1), the department shall, in 4413 
coordination with the metropolitan planning organizations, local 4414 
governments, regional planning councils, transportation 4415 
providers, and affected public agencies, add facilities to or 4416 
delete facilities from the Strategic Intermodal System described 4417 
in paragraph (2)(a) based upon criteria adopted by the 4418 
department. However, a n airport that is designated as a reliever 4419 
airport to a Strategic Intermodal System airport which has at 4420 
least 75,000 itinerant operations per year, has a runway length 4421 
of at least 5,500 linear feet, is capable of handling aircraft 4422 
weighing at least 60,000 pounds with a dual wheel configuration 4423 
which is served by at least one precision instrument approach, 4424 
and serves a cluster of aviation -dependent industries, shall be 4425     
 
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designated as part of the Strategic Intermodal System by the 4426 
Secretary of Transportation upon the request of a reliever 4427 
airport meeting this criteria. 4428 
 Section 100.  Subsection (1) and paragraph (a) of 4429 
subsection (3) of section 339.64, Florida Statutes, are amended 4430 
to read: 4431 
 339.64  Strategic Intermodal System Plan. — 4432 
 (1)  The department sha ll develop, in cooperation with 4433 
metropolitan planning organizations, regional planning councils, 4434 
local governments, and other transportation providers, a 4435 
Strategic Intermodal System Plan. The plan shall be consistent 4436 
with the Florida Transportation Plan de veloped pursuant to s. 4437 
339.155 and shall be updated at least once every 5 years, 4438 
subsequent to updates of the Florida Transportation Plan. 4439 
 (3)(a)  During the development of updates to the Strategic 4440 
Intermodal System Plan, the department shall provide 4441 
metropolitan planning organizations, regional planning councils, 4442 
local governments, transportation providers, affected public 4443 
agencies, and citizens with an opportunity to participate in and 4444 
comment on the development of the update. 4445 
 Section 101.  Subsection (1) of section 341.041, Florida 4446 
Statutes, is amended to read: 4447 
 341.041  Transit responsibilities of the department. —The 4448 
department shall, within the resources provided pursuant to 4449 
chapter 216: 4450     
 
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 (1)  Develop a statewide plan that provides for public 4451 
transit and intercity bus service needs at least 5 years in 4452 
advance. The plan shall be developed in a manner that will 4453 
assure maximum use of existing facilities, and optimum 4454 
integration and coordination of the various modes of 4455 
transportation, including both gove rnmentally owned and 4456 
privately owned resources, in the most cost -effective manner 4457 
possible. The plan shall also incorporate plans adopted by local 4458 
and regional planning agencies which are consistent, to the 4459 
maximum extent feasible, with adopted strategic policy plans and 4460 
approved local government comprehensive plans for the region and 4461 
units of local government covered by the plan and shall, insofar 4462 
as practical, conform to federal planning requirements. The plan 4463 
shall be consistent with the goals of the Flo rida Transportation 4464 
Plan developed pursuant to s. 339.155. 4465 
 Section 102.  Paragraph (m) of subsection (3) of section 4466 
343.54, Florida Statutes, is amended to read: 4467 
 343.54  Powers and duties. — 4468 
 (3)  The authority may exercise all powers necessary, 4469 
appurtenant, convenient, or incidental to the carrying out of 4470 
the aforesaid purposes, including, but not limited to, the 4471 
following rights and powers: 4472 
 (m)  To cooperate with other governmental entities and to 4473 
contract with other governmental agencies, including the 4474 
Department of Transportation, the Federal Government, regional 4475     
 
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planning councils, counties, and municipalities. 4476 
 Section 103.  Paragraph (e) of subsection (1) of section 4477 
373.309, Florida Statutes, is amended to read: 4478 
 373.309  Authority to adopt rules and procedures. — 4479 
 (1)  The department shall adopt, and may from time to time 4480 
amend, rules governing the location, construction, repair, and 4481 
abandonment of water wells and shall be responsible for the 4482 
administration of this part. With respect thereto, the 4483 
department shall: 4484 
 (e)  Encourage prevention of potable water well 4485 
contamination and promote cost -effective remediation of 4486 
contaminated potable water supplies by use of the Water Quality 4487 
Assurance Trust Fund as provided in s. 376.307(1)(e) and 4488 
establish by rule: 4489 
 1.  Delineation of areas of groundwater contamination for 4490 
implementation of well location and construction, testing, 4491 
permitting, and clearance requirements as set forth in 4492 
subparagraphs 2., 3., 4., 5., and 6. The department shall make 4493 
available to water management districts, regional planning 4494 
councils, the Department of Health, and county building and 4495 
zoning departments, maps or other in formation on areas of 4496 
contamination, including areas of ethylene dibromide 4497 
contamination. Such maps or other information shall be made 4498 
available to property owners, realtors, real estate 4499 
associations, property appraisers, and other interested persons 4500     
 
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upon request and upon payment of appropriate costs. 4501 
 2.  Requirements for testing for suspected contamination in 4502 
areas of known contamination, as a prerequisite for clearance of 4503 
a water well for drinking purposes. The department is authorized 4504 
to establish criteria for acceptance of water quality testing 4505 
results from the Department of Health and laboratories certified 4506 
by the Department of Health, and is authorized to establish 4507 
requirements for sample collection quality assurance. 4508 
 3.  Requirements for mandatory c onnection to available 4509 
potable water systems in areas of known contamination, wherein 4510 
the department may prohibit the permitting and construction of 4511 
new potable water wells. 4512 
 4.  Location and construction standards for public and all 4513 
other potable water we lls permitted in areas of contamination. 4514 
Such standards shall be designed to minimize the effects of such 4515 
contamination. 4516 
 5.  A procedure for permitting all potable water wells in 4517 
areas of known contamination. Any new water well that is to be 4518 
used for drinking water purposes and that does not meet 4519 
construction standards pursuant to subparagraph 4. must be 4520 
abandoned and plugged by the owner. Water management districts 4521 
shall implement, through delegation from the department, the 4522 
permitting and enforcement res ponsibilities of this 4523 
subparagraph. 4524 
 6.  A procedure for clearing for use all potable water 4525     
 
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wells, except wells that serve a public water supply system, in 4526 
areas of known contamination. If contaminants are found upon 4527 
testing pursuant to subparagraph 2., a well may not be cleared 4528 
for use without a filter or other means of preventing the users 4529 
of the well from being exposed to deleterious amounts of 4530 
contaminants. The Department of Health shall implement the 4531 
responsibilities of this subparagraph. 4532 
 7.  Fees to be paid for well construction permits and 4533 
clearance for use. The fees shall be based on the actual costs 4534 
incurred by the water management districts, the Department of 4535 
Health, or other political subdivisions in carrying out the 4536 
responsibilities related to p otable water well permitting and 4537 
clearance for use. The fees shall provide revenue to cover all 4538 
such costs and shall be set according to the following schedule: 4539 
 a.  The well construction permit fee may not exceed $500. 4540 
 b.  The clearance fee may not excee d $50. 4541 
 8.  Procedures for implementing well -location, 4542 
construction, testing, permitting, and clearance requirements as 4543 
set forth in subparagraphs 2. -6. within areas that research or 4544 
monitoring data indicate are vulnerable to contamination with 4545 
nitrate, or areas in which the department provides a subsidy for 4546 
restoration or replacement of contaminated drinking water 4547 
supplies through extending existing water lines or developing 4548 
new water supply systems pursuant to s. 376.307(1)(e). The 4549 
department shall consul t with the Florida Ground Water 4550     
 
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Association in the process of developing rules pursuant to this 4551 
subparagraph. 4552 
 4553 
All fees and funds collected by each delegated entity pursuant 4554 
to this part shall be deposited in the appropriate operating 4555 
account of that entit y. 4556 
 Section 104.  Section 373.607, Florida Statutes, is amended 4557 
to read: 4558 
 373.607  Minority Business enterprise in economically 4559 
disadvantaged areas procurement goals; implementation of 4560 
recommendations.—Each water management district, as created in 4561 
this chapter, may implement the recommendations from any study 4562 
conducted pursuant to chapter 91 -162, Laws of Florida, to 4563 
achieve minority business enterprise in economically 4564 
disadvantaged areas procurement goals. 4565 
 Section 105.  Paragraph (g) of subsection (1) of section 4566 
376.84, Florida Statutes, is amended to read: 4567 
 376.84  Brownfield redevelopment economic incentives. —It is 4568 
the intent of the Legislature that brownfield redevelopment 4569 
activities be viewed as opportunities to significantly improve 4570 
the utilization, general condition, and appearance of these 4571 
sites. Different standards than those in place for new 4572 
development, as allowed under current state and local laws, 4573 
should be used to the fullest extent to encourage the 4574 
redevelopment of a brownfield. State and l ocal governments are 4575     
 
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encouraged to offer redevelopment incentives for this purpose, 4576 
as an ongoing public investment in infrastructure and services, 4577 
to help eliminate the public health and environmental hazards, 4578 
and to promote the creation of jobs in these areas. Such 4579 
incentives may include financial, regulatory, and technical 4580 
assistance to persons and businesses involved in the 4581 
redevelopment of the brownfield pursuant to this act. 4582 
 (1)  Financial incentives and local incentives for 4583 
redevelopment may include , but not be limited to: 4584 
 (g)  Minority Business enterprise in economically 4585 
disadvantaged areas programs as provided in s. 287.0943. 4586 
 Section 106.  Subsection (3) of section 380.055, Florida 4587 
Statutes, is amended to read: 4588 
 380.055  Big Cypress Area. — 4589 
 (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN. —The 4590 
"Big Cypress Area," as defined in this subsection, is hereby 4591 
designated as an area of critical state concern. "Big Cypress 4592 
Area" means the area generally depicted on the map entitled 4593 
"Boundary Map, Big C ypress National Freshwater Reserve, 4594 
Florida," numbered BC -91,001 and dated November 1971, which is 4595 
on file and available for public inspection in the office of the 4596 
National Park Service, Department of the Interior, Washington, 4597 
D.C., and in the office of th e Board of Trustees of the Internal 4598 
Improvement Trust Fund, which is the area proposed as the 4599 
Federal Big Cypress National Freshwater Reserve, Florida, and 4600     
 
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that area described as follows: Sections 1, 2, 11, 12 and 13 in 4601 
Township 49 South, Range 31 East; an d Township 49 South, Range 4602 
32 East, less Sections 19, 30 and 31; and Township 49 South, 4603 
Range 33 East; and Township 49 South, Range 34 East; and 4604 
Sections 1 through 5 and 10 through 14 in Township 50 South, 4605 
Range 32 East; and Sections 1 through 18 and 20 th rough 25 in 4606 
Township 50 South, Range 33 East; and Township 50 South, Range 4607 
34 East, less Section 31; and Sections 1 and 2 in Township 51 4608 
South, Range 34 East; All in Collier County, Florida, which 4609 
described area shall be known as the "Big Cypress National 4610 
Preserve Addition, Florida," together with such contiguous land 4611 
and water areas as are ecologically linked with the Everglades 4612 
National Park, certain of the estuarine fisheries of South 4613 
Florida, or the freshwater aquifer of South Florida, the 4614 
definitive boundaries of which shall be set in the following 4615 
manner: Within 120 days following the effective date of this 4616 
act, the state land planning agency shall recommend definitive 4617 
boundaries for the Big Cypress Area to the Administration 4618 
Commission, after giving n otice to all local governments and 4619 
regional planning agencies which include within their boundaries 4620 
any part of the area proposed to be included in the Big Cypress 4621 
Area and holding such hearings as the state land planning agency 4622 
deems appropriate. Within 4 5 days following receipt of the 4623 
recommended boundaries, the Administration Commission shall 4624 
adopt, modify, or reject the recommendation and shall by rule 4625     
 
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establish the boundaries of the area defined as the Big Cypress 4626 
Area. 4627 
 Section 107.  Subsections (6) and (9) and paragraph (b) of 4628 
subsection (12) of section 380.06, Florida Statutes, are amended 4629 
to read: 4630 
 380.06  Developments of regional impact. — 4631 
 (6)  REPORTS.—Notwithstanding any condition in a 4632 
development order for an approved development of regional 4633 
impact, the developer is not required to submit an annual or a 4634 
biennial report on the development of regional impact to the 4635 
local government, the regional planning agency, the state land 4636 
planning agency, and all affected permit agencies unless 4637 
required to do so by the local government that has jurisdiction 4638 
over the development. The penalty for failure to file such a 4639 
required report is as prescribed by the local government. 4640 
 (9)  VALIDITY OF COMPREHENSIVE APPLICATION. —Any agreement 4641 
previously entered into by a developer, a regional planning 4642 
agency, and a local government regarding a development project 4643 
that includes two or more developments of regional impact and 4644 
was the subject of a comprehensive development -of-regional-4645 
impact application remains valid unless it expired on or before 4646 
April 6, 2018. 4647 
 (12)  PROPOSED DEVELOPMENTS. — 4648 
 (b)  This subsection does not apply to: 4649 
 1.  Amendments to a development order governing an existing 4650     
 
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development of regional impact. 4651 
 2.  An application for development approval filed with a 4652 
concurrent plan amendment application pending as of May 14, 4653 
2015, if the applicant elects to have the application reviewed 4654 
pursuant to this section as it existed on that date. The 4655 
election shall be in writing and filed with the affected local 4656 
government, regional planning council, and state land planning 4657 
agency before December 31, 2018. 4658 
 Section 108.  Subsection (2) of section 380.061, Florida 4659 
Statutes, is amended to read: 4660 
 380.061  The Florida Quality Developments program. — 4661 
 (2)  Following written notification to the state land 4662 
planning agency and the appropriate regional planning agency , a 4663 
local government with an approved Florida Quality Development 4664 
within its jurisdiction must set a public hearing pursuant to 4665 
its local procedures and shall adopt a local development order 4666 
to replace and supersede the development order adopted by the 4667 
state land planning agency for the Florida Quality Development. 4668 
Thereafter, the Florida Quality Development shall follow the 4669 
procedures and requirements for developmen ts of regional impact 4670 
as specified in this chapter. 4671 
 Section 109.  Paragraph (f) of subsection (2) of section 4672 
380.0651, Florida Statutes, is amended to read: 4673 
 380.0651  Statewide guidelines, standards, and exemptions. — 4674 
 (2)  STATUTORY EXEMPTIONS. —The following developments are 4675     
 
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exempt from s. 380.06: 4676 
 (f)  Any increase in the seating capacity of an existing 4677 
sports facility having a permanent seating capacity of at least 4678 
50,000 spectators, provided that such an increase does not 4679 
increase permanent seating c apacity by more than 5 percent per 4680 
year and does not exceed a total of 10 percent in any 5 -year 4681 
period. The sports facility must notify the appropriate local 4682 
government within which the facility is located of the increase 4683 
at least 6 months before the initi al use of the increased 4684 
seating in order to permit the appropriate local government to 4685 
develop a traffic management plan for the traffic generated by 4686 
the increase. Any traffic management plan must be consistent 4687 
with the local comprehensive plan , the regional policy plan, and 4688 
the state comprehensive plan. 4689 
 4690 
If a use is exempt from review pursuant to paragraphs (a) -(u), 4691 
but will be part of a larger project that is subject to review 4692 
pursuant to s. 380.06(12), the impact of the exempt use must be 4693 
included in the review of the larger project, unless such exempt 4694 
use involves a development that includes a landowner, tenant, or 4695 
user that has entered into a funding agreement with the state 4696 
land planning agency under the Innovation Incentive Program and 4697 
the agreement contemplates a state award of at least $50 4698 
million. 4699 
 Section 110.  Subsection (2) of section 380.07, Florida 4700     
 
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Statutes, is amended to read: 4701 
 380.07  Florida Land and Water Adjudicatory Commission. — 4702 
 (2)  Whenever any local government issues any development 4703 
order in any area of critical state concern, or in regard to the 4704 
abandonment of any approved development of regional impact, 4705 
copies of such orders as prescribed by rule by the state land 4706 
planning agency shall be transmitted to the state land planning 4707 
agency, the regional planning agency, and the owner or developer 4708 
of the property affected by such order. The state land planning 4709 
agency shall adopt rules describing development order rendition 4710 
and effectiveness in designated areas of critical state concern. 4711 
Within 45 days after the order is rendered, the owner, the 4712 
developer, or the state land planning agency may appeal the 4713 
order to the Florida Land and Water Adjudicatory Commission by 4714 
filing a petition alleging that the development order is not 4715 
consistent with this part. 4716 
 Section 111.  Subsection (3) of section 380.507, Florida 4717 
Statutes, is amended to read: 4718 
 380.507  Powers of the trust. —The trust shall have all the 4719 
powers necessary or convenient to carry out the purposes and 4720 
provisions of this part, includin g: 4721 
 (3)  To provide technical and financial assistance to local 4722 
governments, state agencies, water management districts, 4723 
regional planning councils, and nonprofit agencies to carry out 4724 
projects and activities and develop programs to achieve the 4725     
 
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purposes of this part. 4726 
 Section 112.  Paragraph (b) of subsection (8) of section 4727 
381.986, Florida Statutes, is amended to read: 4728 
 381.986  Medical use of marijuana. — 4729 
 (8)  MEDICAL MARIJUANA TREATMENT CENTERS. — 4730 
 (b)  An applicant for licensure as a medical marijuana 4731 
treatment center shall apply to the department on a form 4732 
prescribed by the department and adopted in rule. The department 4733 
shall adopt rules pursuant to ss. 120.536(1) and 120.54 4734 
establishing a procedure for the issuance and biennial renewal 4735 
of licenses, including initial application and biennial renewal 4736 
fees sufficient to cover the costs of implementing and 4737 
administering this section, and establishing supplemental 4738 
licensure fees for payment beginning May 1, 2018, sufficient to 4739 
cover the costs of administeri ng ss. 381.989 and 1004.4351. The 4740 
department shall identify applicants with strong diversity plans 4741 
reflecting this state's commitment to diversity and implement 4742 
training programs and other educational programs to enable 4743 
minority persons and minority business enterprises in 4744 
economically disadvantaged areas , as defined in s. 288.703, and 4745 
veteran business enterprises, as defined in s. 295.187, to 4746 
compete for medical marijuana treatment center licensure and 4747 
contracts. Subject to the requirements in subparagraph s (a)2.-4748 
4., the department shall issue a license to an applicant if the 4749 
applicant meets the requirements of this section and pays the 4750     
 
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initial application fee. The department shall renew the 4751 
licensure of a medical marijuana treatment center biennially if 4752 
the licensee meets the requirements of this section and pays the 4753 
biennial renewal fee. However, the department may not renew the 4754 
license of a medical marijuana treatment center that has not 4755 
begun to cultivate, process, and dispense marijuana by the date 4756 
that the medical marijuana treatment center is required to renew 4757 
its license. An individual may not be an applicant, owner, 4758 
officer, board member, or manager on more than one application 4759 
for licensure as a medical marijuana treatment center. An 4760 
individual or entity may not be awarded more than one license as 4761 
a medical marijuana treatment center. An applicant for licensure 4762 
as a medical marijuana treatment center must demonstrate: 4763 
 1.  That, for the 5 consecutive years before submitting the 4764 
application, the appli cant has been registered to do business in 4765 
the state. 4766 
 2.  Possession of a valid certificate of registration 4767 
issued by the Department of Agriculture and Consumer Services 4768 
pursuant to s. 581.131. 4769 
 3.  The technical and technological ability to cultivate 4770 
and produce marijuana, including, but not limited to, low -THC 4771 
cannabis. 4772 
 4.  The ability to secure the premises, resources, and 4773 
personnel necessary to operate as a medical marijuana treatment 4774 
center. 4775     
 
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 5.  The ability to maintain accountability of all raw 4776 
materials, finished products, and any byproducts to prevent 4777 
diversion or unlawful access to or possession of these 4778 
substances. 4779 
 6.  An infrastructure reasonably located to dispense 4780 
marijuana to registered qualified patients statewide or 4781 
regionally as determined by the department. 4782 
 7.  The financial ability to maintain operations for the 4783 
duration of the 2-year approval cycle, including the provision 4784 
of certified financial statements to the department. 4785 
 a.  Upon approval, the applicant must post a $5 million 4786 
performance bond issued by an authorized surety insurance 4787 
company rated in one of the three highest rating categories by a 4788 
nationally recognized rating service. However, a medical 4789 
marijuana treatment center serving at least 1,000 qualified 4790 
patients is only required to maintain a $2 million performance 4791 
bond. 4792 
 b.  In lieu of the performance bond required under sub -4793 
subparagraph a., the applicant may provide an irrevocable letter 4794 
of credit payable to the department or provide cash to the 4795 
department. If provided with cash under this sub -subparagraph, 4796 
the department shall deposit the cash in the Grants and 4797 
Donations Trust Fund within the Department of Health, subject to 4798 
the same conditions as the bond regarding requirements for the 4799 
applicant to forfeit ownership o f the funds. If the funds 4800     
 
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deposited under this sub -subparagraph generate interest, the 4801 
amount of that interest shall be used by the department for the 4802 
administration of this section. 4803 
 8.  That all owners, officers, board members, and managers 4804 
have passed a background screening pursuant to subsection (9). 4805 
 9.  The employment of a medical director to supervise the 4806 
activities of the medical marijuana treatment center. 4807 
 10.  A diversity plan that promotes and ensures the 4808 
involvement of minority persons and mino rity business 4809 
enterprises in economically disadvantaged areas , as defined in 4810 
s. 288.703, or veteran business enterprises, as defined in s. 4811 
295.187, in ownership, management, and employment. An applicant 4812 
for licensure renewal must show the effectiveness of the 4813 
diversity plan by including the following with his or her 4814 
application for renewal: 4815 
 a.  Representation of business enterprises in economically 4816 
disadvantaged areas minority persons and veterans in the medical 4817 
marijuana treatment center's workforce; 4818 
 b.  Efforts to recruit business enterprises in economically 4819 
disadvantaged areas minority persons and veterans for 4820 
employment; and 4821 
 c.  A record of contracts for services with minority 4822 
business enterprises in economically disadvantaged areas and 4823 
veteran business enterprises. 4824 
 Section 113.  Subsection (6) of section 403.0752, Florida 4825     
 
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Statutes, is amended to read: 4826 
 403.0752  Ecosystem management agreements. — 4827 
 (6)  The secretary of the department may form ecosystem 4828 
management advisory teams fo r consultation and participation in 4829 
the preparation of an ecosystem management agreement. The 4830 
secretary shall request the participation of at least the state 4831 
and regional and local government entities having regulatory 4832 
authority over the activities to be s ubject to the ecosystem 4833 
management agreement. Such teams may also include 4834 
representatives of other participating or advisory government 4835 
agencies, which may include regional planning councils, private 4836 
landowners, public landowners and managers, public and p rivate 4837 
utilities, corporations, and environmental interests. Team 4838 
members shall be selected in a manner that ensures adequate 4839 
representation of the diverse interests and perspectives within 4840 
the designated ecosystem. Participation by any department of 4841 
state government is at the discretion of that agency. 4842 
 Section 114.  Subsection (1) of section 403.50663, Florida 4843 
Statutes, is amended to read: 4844 
 403.50663  Informational public meetings. — 4845 
 (1)  A local government within whose jurisdiction the power 4846 
plant is proposed to be sited may hold one informational public 4847 
meeting in addition to the hearings specifically authorized by 4848 
this act on any matter associated with the electrical power 4849 
plant proceeding. Such informational public meetings shall be 4850     
 
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held by the local government or by the regional planning council 4851 
if the local government does not hold such meeting within 70 4852 
days after the filing of the application. The purpose of an 4853 
informational public meeting is for the local government or 4854 
regional planning council to further inform the public about the 4855 
proposed electrical power plant or associated facilities, obtain 4856 
comments from the public, and formulate its recommendation with 4857 
respect to the proposed electrical power plant. 4858 
 Section 115.  Paragraph (a) of subsect ion (2) of section 4859 
403.507, Florida Statutes, is amended to read: 4860 
 403.507  Preliminary statements of issues, reports, project 4861 
analyses, and studies. — 4862 
 (2)(a)  No later than 100 days after the certification 4863 
application has been determined complete, the fol lowing agencies 4864 
shall prepare reports as provided below and shall submit them to 4865 
the department and the applicant, unless a final order denying 4866 
the determination of need has been issued under s. 403.519: 4867 
 1.  The Department of Commerce shall prepare a repo rt 4868 
containing recommendations which address the impact upon the 4869 
public of the proposed electrical power plant, based on the 4870 
degree to which the electrical power plant is consistent with 4871 
the applicable portions of the state comprehensive plan, 4872 
emergency management, and other such matters within its 4873 
jurisdiction. The Department of Commerce may also comment on the 4874 
consistency of the proposed electrical power plant with 4875     
 
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applicable strategic regional policy plans or local 4876 
comprehensive plans and land development regulations. 4877 
 2.  The water management district shall prepare a report as 4878 
to matters within its jurisdiction, including but not limited 4879 
to, the impact of the proposed electrical power plant on water 4880 
resources, regional water supply planning, and district -owned 4881 
lands and works. 4882 
 3.  Each local government in whose jurisdiction the 4883 
proposed electrical power plant is to be located shall prepare a 4884 
report as to the consistency of the proposed electrical power 4885 
plant with all applicable local ordinances, regulatio ns, 4886 
standards, or criteria that apply to the proposed electrical 4887 
power plant, including any applicable local environmental 4888 
regulations adopted pursuant to s. 403.182 or by other means. 4889 
 4.  The Fish and Wildlife Conservation Commission shall 4890 
prepare a report as to matters within its jurisdiction. 4891 
 5.  The Department of Transportation shall address the 4892 
impact of the proposed electrical power plant on matters within 4893 
its jurisdiction. 4894 
 Section 116.  Paragraph (c) of subsection (2) of section 4895 
403.518, Florida Statutes, is amended to read: 4896 
 403.518  Fees; disposition. —The department shall charge the 4897 
applicant the following fees, as appropriate, which, unless 4898 
otherwise specified, shall be paid into the Florida Permit Fee 4899 
Trust Fund: 4900     
 
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 (2)  An application fee, whi ch shall not exceed $200,000. 4901 
The fee shall be fixed by rule on a sliding scale related to the 4902 
size, type, ultimate site capacity, or increase in electrical 4903 
generating capacity proposed by the application. 4904 
 (c)1.  Upon written request with proper itemized accounting 4905 
within 90 days after final agency action by the board or 4906 
department or withdrawal of the application, the agencies that 4907 
prepared reports pursuant to s. 403.507 or participated in a 4908 
hearing pursuant to s. 403.508 may submit a written request to 4909 
the department for reimbursement of expenses incurred during the 4910 
certification proceedings. The request shall contain an 4911 
accounting of expenses incurred which may include time spent 4912 
reviewing the application, preparation of any studies required 4913 
of the agencies by this act, agency travel and per diem to 4914 
attend any hearing held pursuant to this act, and for any local 4915 
government's or regional planning council's provision of notice 4916 
of public meetings required as a result of the application for 4917 
certification. The department shall review the request and 4918 
verify that the expenses are valid. Valid expenses shall be 4919 
reimbursed; however, in the event the amount of funds available 4920 
for reimbursement is insufficient to provide for full 4921 
compensation to the agencies requesti ng reimbursement, 4922 
reimbursement shall be on a prorated basis. 4923 
 2.  If the application review is held in abeyance for more 4924 
than 1 year, the agencies may submit a request for 4925     
 
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reimbursement. This time period shall be measured from the date 4926 
the applicant has provided written notification to the 4927 
department that it desires to have the application review 4928 
process placed on hold. The fee disbursement shall be processed 4929 
in accordance with subparagraph 1. 4930 
 Section 117.  Paragraph (a) of subsection (2) of section 4931 
403.526, Florida Statutes, is amended to read: 4932 
 403.526  Preliminary statements of issues, reports, and 4933 
project analyses; studies. — 4934 
 (2)(a)  No later than 90 days after the filing of the 4935 
application, the following agencies shall prepare reports as 4936 
provided below, unless a final order denying the determination 4937 
of need has been issued under s. 403.537: 4938 
 1.  The department shall prepare a report as to the impact 4939 
of each proposed transmission line or corridor as it relates to 4940 
matters within its jurisdiction. 4941 
 2.  Each water management district in the jurisdiction of 4942 
which a proposed transmission line or corridor is to be located 4943 
shall prepare a report as to the impact on water resources and 4944 
other matters within its jurisdiction. 4945 
 3.  The Department of Commerce sha ll prepare a report 4946 
containing recommendations which address the impact upon the 4947 
public of the proposed transmission line or corridor, based on 4948 
the degree to which the proposed transmission line or corridor 4949 
is consistent with the applicable portions of the state 4950     
 
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comprehensive plan, emergency management, and other matters 4951 
within its jurisdiction. The Department of Commerce may also 4952 
comment on the consistency of the proposed transmission line or 4953 
corridor with applicable strategic regional policy plans or 4954 
local comprehensive plans and land development regulations. 4955 
 4.  The Fish and Wildlife Conservation Commission shall 4956 
prepare a report as to the impact of each proposed transmission 4957 
line or corridor on fish and wildlife resources and other 4958 
matters within its ju risdiction. 4959 
 5.  Each local government shall prepare a report as to the 4960 
impact of each proposed transmission line or corridor on matters 4961 
within its jurisdiction, including the consistency of the 4962 
proposed transmission line or corridor with all applicable lo cal 4963 
ordinances, regulations, standards, or criteria that apply to 4964 
the proposed transmission line or corridor, including local 4965 
comprehensive plans, zoning regulations, land development 4966 
regulations, and any applicable local environmental regulations 4967 
adopted pursuant to s. 403.182 or by other means. A change by 4968 
the responsible local government or local agency in local 4969 
comprehensive plans, zoning ordinances, or other regulations 4970 
made after the date required for the filing of the local 4971 
government's report requir ed by this section is not applicable 4972 
to the certification of the proposed transmission line or 4973 
corridor unless the certification is denied or the application 4974 
is withdrawn. 4975     
 
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 6.  The Department of Transportation shall prepare a report 4976 
as to the impact of the proposed transmission line or corridor 4977 
on state roads, railroads, airports, aeronautics, seaports, and 4978 
other matters within its jurisdiction. 4979 
 7.  The commission shall prepare a report containing its 4980 
determination under s. 403.537, and the report may incl ude the 4981 
comments from the commission with respect to any other subject 4982 
within its jurisdiction. 4983 
 8.  Any other agency, if requested by the department, shall 4984 
also perform studies or prepare reports as to subjects within 4985 
the jurisdiction of the agency which may potentially be affected 4986 
by the proposed transmission line. 4987 
 Section 118.  Subsection (1) of section 403.5272, Florida 4988 
Statutes, is amended to read: 4989 
 403.5272  Informational public meetings. — 4990 
 (1)  A local government whose jurisdiction is to be crosse d 4991 
by a proposed corridor may hold one informational public meeting 4992 
in addition to the hearings specifically authorized by this act 4993 
on any matter associated with the transmission line proceeding. 4994 
The informational public meeting may be conducted by the loca l 4995 
government or the regional planning council and shall be held no 4996 
later than 55 days after the application is filed. The purpose 4997 
of an informational public meeting is for the local government 4998 
or regional planning council to further inform the public about 4999 
the transmission line proposed, obtain comments from the public, 5000     
 
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and formulate its recommendation with respect to the proposed 5001 
transmission line. 5002 
 Section 119.  Subsection (4), paragraph (a) of subsection 5003 
(5), and paragraph (a) of subsection (6) of sect ion 403.5363, 5004 
Florida Statutes, are amended to read: 5005 
 403.5363  Public notices; requirements. — 5006 
 (4)  A local government or regional planning council that 5007 
proposes to conduct an informational public meeting pursuant to 5008 
s. 403.5272 must publish notice of the meeting in a newspaper of 5009 
general circulation within the county or counties in which the 5010 
proposed electrical transmission line will be located no later 5011 
than 7 days before prior to the meeting. A newspaper of general 5012 
circulation shall be the newspaper that has the largest daily 5013 
circulation in that county and has its principal office in that 5014 
county. If the newspaper with the largest daily circulation has 5015 
its principal office outside the county, the notices shall 5016 
appear in both the newspaper having the larges t circulation in 5017 
that county and in a newspaper authorized to publish legal 5018 
notices in that county. 5019 
 (5)(a)  A good faith effort shall be made by the applicant 5020 
to provide direct notice of the filing of an application for 5021 
certification by United States mail or hand delivery no later 5022 
than 45 days after filing of the application to all local 5023 
landowners whose property, as noted in the most recent local 5024 
government tax records, and residences are located within one -5025     
 
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quarter mile of the proposed boundaries of a tra nsmission line 5026 
corridor that only includes a transmission line as defined by s. 5027 
403.522(21) s. 403.522(22). 5028 
 (6)(a)  A good faith effort shall be made by the proponent 5029 
of an alternate corridor that includes a transmission line, as 5030 
defined by s. 403.522(21) s. 403.522(22), to provide direct 5031 
notice of the filing of an alternate corridor for certification 5032 
by United States mail or hand delivery of the filing no later 5033 
than 30 days after filing of the alternate corridor to all local 5034 
landowners whose property, as noted in the most recent local 5035 
government tax records, and residences are located within one -5036 
quarter mile of the proposed boundaries of a transmission line 5037 
corridor that includes a transmission line as defined by s. 5038 
403.522(21) s. 403.522(22). 5039 
 Section 120.  Paragraph (d) of subsection (1) of section 5040 
403.5365, Florida Statutes, is amended to read: 5041 
 403.5365  Fees; disposition. —The department shall charge 5042 
the applicant the following fees, as appropriate, which, unless 5043 
otherwise specified, shall be paid int o the Florida Permit Fee 5044 
Trust Fund: 5045 
 (1)  An application fee. 5046 
 (d)1.  Upon written request with proper itemized accounting 5047 
within 90 days after final agency action by the siting board or 5048 
the department or the written notification of the withdrawal of 5049 
the application, the agencies that prepared reports under s. 5050     
 
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403.526 or s. 403.5271 or participated in a hearing under s. 5051 
403.527 or s. 403.5271 may submit a written request to the 5052 
department for reimbursement of expenses incurred during the 5053 
certification proceedings. The request must contain an 5054 
accounting of expenses incurred, which may include time spent 5055 
reviewing the application, preparation of any studies required 5056 
of the agencies by this act, agency travel and per diem to 5057 
attend any hearing held under this act, and for the local 5058 
government or regional planning council providing additional 5059 
notice of the informational public meeting. The department shall 5060 
review the request and verify whether a claimed expense is 5061 
valid. Valid expenses shall be reimbursed; howev er, if the 5062 
amount of funds available for reimbursement is insufficient to 5063 
provide for full compensation to the agencies, reimbursement 5064 
shall be on a prorated basis. 5065 
 2.  If the application review is held in abeyance for more 5066 
than 1 year, the agencies may s ubmit a request for reimbursement 5067 
under subparagraph 1. This time period shall be measured from 5068 
the date the applicant has provided written notification to the 5069 
department that it desires to have the application review 5070 
process placed on hold. The fee disbur sement shall be processed 5071 
in accordance with subparagraph 1. 5072 
 Section 121.  Paragraphs (a) and (d) of subsection (1) of 5073 
section 403.537, Florida Statutes, are amended to read: 5074 
 403.537  Determination of need for transmission line; 5075     
 
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powers and duties.— 5076 
 (1)(a)  Upon request by an applicant or upon its own 5077 
motion, the Florida Public Service Commission shall schedule a 5078 
public hearing, after notice, to determine the need for a 5079 
transmission line regulated by the Florida Electric Transmission 5080 
Line Siting Act, ss. 403.52-403.5365. The notice shall be 5081 
published at least 21 days before the date set for the hearing 5082 
and shall be published by the applicant in at least one -quarter 5083 
page size notice in newspapers of general circulation, and by 5084 
the commission in the manner specified in chapter 120, by giving 5085 
notice to counties and regional planning councils in whose 5086 
jurisdiction the transmission line could be placed, and by 5087 
giving notice to any persons who have requested to be placed on 5088 
the mailing list of the commission fo r this purpose. Within 21 5089 
days after receipt of a request for determination by an 5090 
applicant, the commission shall set a date for the hearing. The 5091 
hearing shall be held pursuant to s. 350.01 within 45 days after 5092 
the filing of the request, and a decision sha ll be rendered 5093 
within 60 days after such filing. 5094 
 (d)  The determination by the commission of the need for 5095 
the transmission line, as defined in s. 403.522(21) s. 5096 
403.522(22), is binding on all parties to any certification 5097 
proceeding under the Florida Elect ric Transmission Line Siting 5098 
Act and is a condition precedent to the conduct of the 5099 
certification hearing prescribed therein. An order entered 5100     
 
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pursuant to this section constitutes final agency action. 5101 
 Section 122.  Subsection (17) of section 403.704, Florida 5102 
Statutes, is amended to read: 5103 
 403.704  Powers and duties of the department. —The 5104 
department shall have responsibility for the implementation and 5105 
enforcement of this act. In addition to other powers and duties, 5106 
the department shall: 5107 
 (17)  Provide technical assistance to local governments and 5108 
regional agencies to ensure consistency between county hazardous 5109 
waste management assessments; coordinate the development of such 5110 
assessments with the assistance of the appropriate regional 5111 
planning councils; and review and make recommendations to the 5112 
Legislature relative to the sufficiency of the assessments to 5113 
meet state hazardous waste management needs. 5114 
 Section 123.  Subsection (1) of section 403.7226, Florida 5115 
Statutes, is amended to read: 5116 
 403.7226  Technical assistance by the department. —The 5117 
department shall: 5118 
 (1)  Provide technical assistance to county governments and 5119 
regional planning councils to ensure consistency in implementing 5120 
local hazardous waste management assessments as provided in ss. 5121 
403.7225, 403.7234, and 403.7236. In order to ensure that each 5122 
local assessment is properly implemented and that all 5123 
information gathered during the assessment is uniformly compiled 5124 
and documented, each county or regional planning council shall 5125     
 
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contact the departmen t during the preparation of the local 5126 
assessment to receive technical assistance. Each county or 5127 
regional planning council shall follow guidelines established by 5128 
the department, and adopted by rule as appropriate, in order to 5129 
properly implement these asses sments. 5130 
 Section 124.  Subsection (22) of section 403.9403, Florida 5131 
Statutes, is amended to read: 5132 
 403.9403  Definitions. —As used in ss. 403.9401 -403.9425, 5133 
the term: 5134 
 (22)  "Regional planning council" means a regional planning 5135 
council created pursuant to chapter 186 in the jurisdiction of 5136 
which the project is proposed to be located. 5137 
 Section 125.  Paragraph (a) of subsection (2) of section 5138 
403.941, Florida Statutes, is amended to read: 5139 
 403.941  Preliminary statements of issues, reports, and 5140 
studies.— 5141 
 (2)(a)  The affected agencies shall prepare reports as 5142 
provided in this paragraph and shall submit them to the 5143 
department and the applicant within 60 days after the 5144 
application is determined sufficient: 5145 
 1.  The department shall prepare a report as to the impact 5146 
of each proposed natural gas transmission pipeline or corridor 5147 
as it relates to matters within its jurisdiction. 5148 
 2.  Each water management district in the jurisdiction of 5149 
which a proposed natural gas transmission pipeline or corridor 5150     
 
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is to be located shall prepare a report as to the impact on 5151 
water resources and other matters within its jurisdiction. 5152 
 3.  The Department of Commerce shall prepare a report 5153 
containing recommendations which address the impact upon the 5154 
public of the proposed natural gas transmission pipeline or 5155 
corridor, based on the degree to which the proposed natural gas 5156 
transmission pipeline or corridor is consistent with the 5157 
applicable portions of the state comprehensive plan and other 5158 
matters within its jurisdiction. The Department of Commerce may 5159 
also comment on the consistency of the proposed natural gas 5160 
transmission pipeline or corridor with applicable strategic 5161 
regional policy plans or local comprehensive plans and land 5162 
development regulations. 5163 
 4.  The Fish and Wildlife Conserva tion Commission shall 5164 
prepare a report as to the impact of each proposed natural gas 5165 
transmission pipeline or corridor on fish and wildlife resources 5166 
and other matters within its jurisdiction. 5167 
 5.  Each local government in which the natural gas 5168 
transmission pipeline or natural gas transmission pipeline 5169 
corridor will be located shall prepare a report as to the impact 5170 
of each proposed natural gas transmission pipeline or corridor 5171 
on matters within its jurisdiction, including the consistency of 5172 
the proposed natural gas transmission pipeline or corridor with 5173 
all applicable local ordinances, regulations, standards, or 5174 
criteria that apply to the proposed natural gas transmission 5175     
 
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pipeline or corridor, including local comprehensive plans, 5176 
zoning regulations, land de velopment regulations, and any 5177 
applicable local environmental regulations adopted pursuant to 5178 
s. 403.182 or by other means. No change by the responsible local 5179 
government or local agency in local comprehensive plans, zoning 5180 
ordinances, or other regulations made after the date required 5181 
for the filing of the local government's report required by this 5182 
section shall be applicable to the certification of the proposed 5183 
natural gas transmission pipeline or corridor unless the 5184 
certification is denied or the applicati on is withdrawn. 5185 
 6.  The Department of Transportation shall prepare a report 5186 
on the effect of the natural gas transmission pipeline or 5187 
natural gas transmission pipeline corridor on matters within its 5188 
jurisdiction, including roadway crossings by the pipeli ne. The 5189 
report shall contain at a minimum: 5190 
 a.  A report by the applicant to the department stating 5191 
that all requirements of the department's utilities 5192 
accommodation guide have been or will be met in regard to the 5193 
proposed pipeline or pipeline corridor; an d 5194 
 b.  A statement by the department as to the adequacy of the 5195 
report to the department by the applicant. 5196 
 7.  The Department of State, Division of Historical 5197 
Resources, shall prepare a report on the impact of the natural 5198 
gas transmission pipeline or natur al gas transmission pipeline 5199 
corridor on matters within its jurisdiction. 5200     
 
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 8.  The commission shall prepare a report addressing 5201 
matters within its jurisdiction. The commission's report shall 5202 
include its determination of need issued pursuant to s. 5203 
403.9422. 5204 
 Section 126.  Paragraph (a) of subsection (1) of section 5205 
403.9422, Florida Statutes, is amended to read: 5206 
 403.9422  Determination of need for natural gas 5207 
transmission pipeline; powers and duties. — 5208 
 (1)(a)  Upon request by an applicant or upon its own 5209 
motion, the commission shall schedule a public hearing, after 5210 
notice, to determine the need for a natural gas transmission 5211 
pipeline regulated by ss. 403.9401 -403.9425. Such notice shall 5212 
be published at least 45 days before the date set for the 5213 
hearing and shall be published in at least one -quarter page size 5214 
in newspapers of general circulation and in the Florida 5215 
Administrative Register, by giving notice to counties and 5216 
regional planning councils in whose jurisdiction the natural gas 5217 
transmission pipeline cou ld be placed, and by giving notice to 5218 
any persons who have requested to be placed on the mailing list 5219 
of the commission for this purpose. Within 21 days after receipt 5220 
of a request for determination by an applicant, the commission 5221 
shall set a date for the h earing. The hearing shall be held 5222 
pursuant to s. 350.01 within 75 days after the filing of the 5223 
request, and a decision shall be rendered within 90 days after 5224 
such filing. 5225     
 
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 Section 127.  Subsection (4) of section 403.973, Florida 5226 
Statutes, is amended to r ead: 5227 
 403.973  Expedited permitting; amendments to comprehensive 5228 
plans.— 5229 
 (4)  The regional teams shall be established through the 5230 
execution of a project -specific memorandum of agreement 5231 
developed and executed by the applicant and the secretary, with 5232 
input solicited from the respective heads of the Department of 5233 
Transportation and its district offices, the Department of 5234 
Agriculture and Consumer Services, the Fish and Wildlife 5235 
Conservation Commission, appropriate regional planning councils, 5236 
appropriate water management districts, and voluntarily 5237 
participating municipalities and counties. The memorandum of 5238 
agreement should also accommodate participation in this 5239 
expedited process by other local governments and federal 5240 
agencies as circumstances warrant. 5241 
 Section 128.  Paragraph (f) of subsection (1) of section 5242 
501.171, Florida Statutes, is amended to read: 5243 
 501.171  Security of confidential personal information. — 5244 
 (1)  DEFINITIONS.—As used in this section, the term: 5245 
 (f)  "Governmental entity" means any department, division, 5246 
bureau, commission, regional planning agency, board, district, 5247 
authority, agency, or other instrumentality of this state that 5248 
acquires, maintains, stores, or uses data in electronic form 5249 
containing personal information. 5250     
 
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 Section 129.  Section 625.3255, Florida Statutes, is 5251 
amended to read: 5252 
 625.3255  Capital participation instrument. —An insurer may 5253 
invest in any capital participation instrument or evidence of 5254 
indebtedness issued by the Department of Commerce pursuant to 5255 
the Florida Assistance to Small Businesses and Businesses in 5256 
Economically Disadvantaged Areas Minority Business Assistance 5257 
Act. 5258 
 Section 130.  Subsection (7) of section 627.3511, Florida 5259 
Statutes, is amended to read: 5260 
 627.3511  Depopulation of Citizens Property Insurance 5261 
Corporation.— 5262 
 (7)  A minority business, which is at least 51 percent 5263 
owned by minority persons as described in s. 288.703, desiring 5264 
to operate or become licensed as a property and casualty insurer 5265 
may exempt up to $50 of the escrow requirements of the take -out 5266 
bonus, as described in this section. Such minority business, 5267 
which has applied for a certificate of authority to engage in 5268 
business as a property and casualty insurer, may simultaneously 5269 
file the business' pr oposed take-out plan, as described in this 5270 
section, with the corporation. 5271 
 Section 131.  Paragraph (b) of subsection (4) of section 5272 
657.042, Florida Statutes, is amended to read: 5273 
 657.042  Investment powers and limitations. —A credit union 5274 
may invest its funds subject to the following definitions, 5275     
 
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restrictions, and limitations: 5276 
 (4)  INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF 5277 
CAPITAL OF THE CREDIT UNION. —Up to 1 percent of the capital of 5278 
the credit union may be invested in any of the following: 5279 
 (b)  Any capital participation instrument or evidence of 5280 
indebtedness issued by the Department of Commerce pursuant to 5281 
the Assistance to Florida Small Businesses and Businesses in 5282 
Economically Disadvantaged Areas Minority Business Assistance 5283 
Act. 5284 
 Section 132.  Paragraph (f) of subsection (4) of section 5285 
658.67, Florida Statutes, is amended to read: 5286 
 658.67  Investment powers and limitations. —A bank may 5287 
invest its funds, and a trust company may invest its corporate 5288 
funds, subject to the following definitions , restrictions, and 5289 
limitations: 5290 
 (4)  INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR 5291 
LESS OF CAPITAL ACCOUNTS. — 5292 
 (f)  Up to 10 percent of the capital accounts of a bank or 5293 
trust company may be invested in any capital participation 5294 
instrument or eviden ce of indebtedness issued by the Department 5295 
of Commerce pursuant to the Florida Assistance to Small 5296 
Businesses and Businesses in Economically Disadvantaged Areas 5297 
Minority Business Assistance Act. 5298 
 Section 133.  Subsection (3) of section 957.09, Florida 5299 
Statutes, is amended to read: 5300     
 
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 957.09  Applicability of chapter to other provisions of 5301 
law.— 5302 
 (3)  The provisions of law governing the participation of 5303 
minority business enterprises in economically disadvantaged 5304 
areas apply are applicable to this chapter. 5305 
 Section 134.  Paragraph (d) of subsection (7) of section 5306 
1001.706, Florida Statutes, is amended to read: 5307 
 1001.706  Powers and duties of the Board of Governors. — 5308 
 (7)  POWERS AND DUTIES RELATING TO PROPERTY. — 5309 
 (d)  The Board of Governors, or the board's designee, shall 5310 
ensure compliance with the provisions of s. 287.09451 for all 5311 
procurement and ss. 255.101 and 255.102 for construction 5312 
contracts, and rules adopted pursuant thereto, relating to the 5313 
utilization of minority business enterprises in economically 5314 
disadvantaged areas, except that procurements costing less than 5315 
the amount provided for in CATEGORY FIVE as provided in s. 5316 
287.017 shall not be subject to s. 287.09451. 5317 
 Section 135.  Subsection (6) of section 1013.30, Florida 5318 
Statutes, is amended to read: 5319 
 1013.30  University campus master plans and campus 5320 
development agreements. — 5321 
 (6)  Before a campus master plan is adopted, a copy of the 5322 
draft master plan must be sent for review or made available 5323 
electronically to the host and any affected local go vernments, 5324 
the state land planning agency, the Department of Environmental 5325     
 
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Protection, the Department of Transportation, the Department of 5326 
State, the Fish and Wildlife Conservation Commission, and the 5327 
applicable water management district and regional planning 5328 
council. At the request of a governmental entity, a hard copy of 5329 
the draft master plan shall be submitted within 7 business days 5330 
of an electronic copy being made available. These agencies must 5331 
be given 90 days after receipt of the campus master plans i n 5332 
which to conduct their review and provide comments to the 5333 
university board of trustees. The commencement of this review 5334 
period must be advertised in newspapers of general circulation 5335 
within the host local government and any affected local 5336 
government to allow for public comment. Following receipt and 5337 
consideration of all comments and the holding of an informal 5338 
information session and at least two public hearings within the 5339 
host jurisdiction, the university board of trustees shall adopt 5340 
the campus master pl an. It is the intent of the Legislature that 5341 
the university board of trustees comply with the notice 5342 
requirements set forth in s. 163.3184(11) to ensure full public 5343 
participation in this planning process. The informal public 5344 
information session must be hel d before the first public 5345 
hearing. The first public hearing shall be held before the draft 5346 
master plan is sent to the agencies specified in this 5347 
subsection. The second public hearing shall be held in 5348 
conjunction with the adoption of the draft master plan b y the 5349 
university board of trustees. Campus master plans developed 5350     
 
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under this section are not rules and are not subject to chapter 5351 
120 except as otherwise provided in this section. 5352 
 Section 136.  Paragraph (c) of subsection (1) of section 5353 
1013.46, Florida Statutes, is amended to read: 5354 
 1013.46  Advertising and awarding contracts; 5355 
prequalification of contractor. — 5356 
 (1) 5357 
 (c)  As an option, any county, municipality, or board may 5358 
set aside up to 10 percent of the total amount of funds 5359 
allocated for the purpose of entering into construction capital 5360 
project contracts with minority business enterprises in 5361 
economically disadvant aged areas, as defined in s. 287.094. Such 5362 
contracts shall be competitively bid only among such minority 5363 
business enterprises. The set -aside shall be used to redress 5364 
present effects of past discriminatory practices and shall be 5365 
subject to periodic reassess ment to account for changing needs 5366 
and circumstances. 5367 
 Section 137.  Paragraph (d) of subsection (2) of section 5368 
212.055, Florida Statutes, is amended to read: 5369 
 212.055  Discretionary sales surtaxes; legislative intent; 5370 
authorization and use of proceeds. —It is the legislative intent 5371 
that any authorization for imposition of a discretionary sales 5372 
surtax shall be published in the Florida Statutes as a 5373 
subsection of this section, irrespective of the duration of the 5374 
levy. Each enactment shall specify the types of counties 5375     
 
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authorized to levy; the rate or rates which may be imposed; the 5376 
maximum length of time the surtax may be imposed, if any; the 5377 
procedure which must be followed to secure voter approval, if 5378 
required; the purpose for which the proceeds may be expe nded; 5379 
and such other requirements as the Legislature may provide. 5380 
Taxable transactions and administrative procedures shall be as 5381 
provided in s. 212.054. 5382 
 (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 5383 
 (d)  The proceeds of the surtax authorized by this 5384 
subsection and any accrued interest shall be expended by the 5385 
school district, within the county and municipalities within the 5386 
county, or, in the case of a negotiated joint county agreement, 5387 
within another county, to finance, plan, and construct 5388 
infrastructure; to acquire any interest in land for public 5389 
recreation, conservation, or protection of natural resources or 5390 
to prevent or satisfy private property rights claims resulting 5391 
from limitations imposed by the designation of an area of 5392 
critical state concern; to provide loans, grants, or rebates to 5393 
residential or commercial property owners who make energy 5394 
efficiency improvements to their residential or commercial 5395 
property, if a local government ordinance authorizing such use 5396 
is approved by referendum; or to financ e the closure of county -5397 
owned or municipally owned solid waste landfills that have been 5398 
closed or are required to be closed by order of the Department 5399 
of Environmental Protection. Any use of the proceeds or interest 5400     
 
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for purposes of landfill closure before July 1, 1993, is 5401 
ratified. The proceeds and any interest may not be used for the 5402 
operational expenses of infrastructure, except that a county 5403 
that has a population of fewer than 75,000 and that is required 5404 
to close a landfill may use the proceeds or intere st for long-5405 
term maintenance costs associated with landfill closure. 5406 
Counties, as defined in s. 125.011, and charter counties may, in 5407 
addition, use the proceeds or interest to retire or service 5408 
indebtedness incurred for bonds issued before July 1, 1987, fo r 5409 
infrastructure purposes, and for bonds subsequently issued to 5410 
refund such bonds. Any use of the proceeds or interest for 5411 
purposes of retiring or servicing indebtedness incurred for 5412 
refunding bonds before July 1, 1999, is ratified. 5413 
 1.  For the purposes o f this paragraph, the term 5414 
"infrastructure" means: 5415 
 a.  Any fixed capital expenditure or fixed capital outlay 5416 
associated with the construction, reconstruction, or improvement 5417 
of public facilities that have a life expectancy of 5 or more 5418 
years, any related land acquisition, land improvement, design, 5419 
and engineering costs, and all other professional and related 5420 
costs required to bring the public facilities into service. For 5421 
purposes of this sub -subparagraph, the term "public facilities" 5422 
means facilities as de fined in s. 163.3164(40) s. 163.3164(41), 5423 
s. 163.3221(13), or s. 189.012(5), and includes facilities that 5424 
are necessary to carry out governmental purposes, including, but 5425     
 
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not limited to, fire stations, general governmental office 5426 
buildings, and animal shel ters, regardless of whether the 5427 
facilities are owned by the local taxing authority or another 5428 
governmental entity. 5429 
 b.  A fire department vehicle, an emergency medical service 5430 
vehicle, a sheriff's office vehicle, a police department 5431 
vehicle, or any other v ehicle, and the equipment necessary to 5432 
outfit the vehicle for its official use or equipment that has a 5433 
life expectancy of at least 5 years. 5434 
 c.  Any expenditure for the construction, lease, or 5435 
maintenance of, or provision of utilities or security for, 5436 
facilities, as defined in s. 29.008. 5437 
 d.  Any fixed capital expenditure or fixed capital outlay 5438 
associated with the improvement of private facilities that have 5439 
a life expectancy of 5 or more years and that the owner agrees 5440 
to make available for use on a tempor ary basis as needed by a 5441 
local government as a public emergency shelter or a staging area 5442 
for emergency response equipment during an emergency officially 5443 
declared by the state or by the local government under s. 5444 
252.38. Such improvements are limited to tho se necessary to 5445 
comply with current standards for public emergency evacuation 5446 
shelters. The owner must enter into a written contract with the 5447 
local government providing the improvement funding to make the 5448 
private facility available to the public for purpos es of 5449 
emergency shelter at no cost to the local government for a 5450     
 
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minimum of 10 years after completion of the improvement, with 5451 
the provision that the obligation will transfer to any 5452 
subsequent owner until the end of the minimum period. 5453 
 e.  Any land acquisition expenditure for a residential 5454 
housing project in which at least 30 percent of the units are 5455 
affordable to individuals or families whose total annual 5456 
household income does not exceed 120 percent of the area median 5457 
income adjusted for household size, i f the land is owned by a 5458 
local government or by a special district that enters into a 5459 
written agreement with the local government to provide such 5460 
housing. The local government or special district may enter into 5461 
a ground lease with a public or private perso n or entity for 5462 
nominal or other consideration for the construction of the 5463 
residential housing project on land acquired pursuant to this 5464 
sub-subparagraph. 5465 
 f.  Instructional technology used solely in a school 5466 
district's classrooms. As used in this sub -subparagraph, the 5467 
term "instructional technology" means an interactive device that 5468 
assists a teacher in instructing a class or a group of students 5469 
and includes the necessary hardware and software to operate the 5470 
interactive device. The term also includes suppor t systems in 5471 
which an interactive device may mount and is not required to be 5472 
affixed to the facilities. 5473 
 2.  For the purposes of this paragraph, the term "energy 5474 
efficiency improvement" means any energy conservation and 5475     
 
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efficiency improvement that reduces consumption through 5476 
conservation or a more efficient use of electricity, natural 5477 
gas, propane, or other forms of energy on the property, 5478 
including, but not limited to, air sealing; installation of 5479 
insulation; installation of energy -efficient heating, cooli ng, 5480 
or ventilation systems; installation of solar panels; building 5481 
modifications to increase the use of daylight or shade; 5482 
replacement of windows; installation of energy controls or 5483 
energy recovery systems; installation of electric vehicle 5484 
charging equipment; installation of systems for natural gas fuel 5485 
as defined in s. 206.9951; and installation of efficient 5486 
lighting equipment. 5487 
 3.  Notwithstanding any other provision of this subsection, 5488 
a local government infrastructure surtax imposed or extended 5489 
after July 1, 1998, may allocate up to 15 percent of the surtax 5490 
proceeds for deposit into a trust fund within the county's 5491 
accounts created for the purpose of funding economic development 5492 
projects having a general public purpose of improving local 5493 
economies, including the funding of operational costs and 5494 
incentives related to economic development. The ballot statement 5495 
must indicate the intention to make an allocation under the 5496 
authority of this subparagraph. 5497 
 Section 138.  Paragraph (g) of subsection (3) of secti on 5498 
212.096, Florida Statutes, is amended to read: 5499 
 212.096  Sales, rental, storage, use tax; enterprise zone 5500     
 
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jobs credit against sales tax. — 5501 
 (3)  In order to claim this credit, an eligible business 5502 
must file under oath with the governing body or enterpris e zone 5503 
development agency having jurisdiction over the enterprise zone 5504 
where the business is located, as applicable, a statement which 5505 
includes: 5506 
 (g)  Whether the business is a small business as defined by 5507 
s. 288.703(4) s. 288.703(6). 5508 
 Section 139.  Subsection (6) of section 339.285, Florida 5509 
Statutes, is amended to read: 5510 
 339.285  Enhanced Bridge Program for Sustainable 5511 
Transportation.— 5512 
 (6)  Preference shall be given to bridge projects located 5513 
on corridors that connect to the Strategic Intermodal System, 5514 
created under s. 339.64, and that have been identified as 5515 
regionally significant in accordance with s. 339.155(4)(b), (c), 5516 
and (d) s. 339.155(4)(c), (d), and (e) . 5517 
 Section 140.  Subsections (1) and (2) of section 373.415, 5518 
Florida Statutes, are amended t o read: 5519 
 373.415  Protection zones; duties of the St. Johns River 5520 
Water Management District. — 5521 
 (1)  Not later than November 1, 1988, the St. Johns River 5522 
Water Management District shall adopt rules establishing 5523 
protection zones adjacent to the watercourses in the Wekiva 5524 
River System, as designated in s. 369.303(9) s. 369.303(10). 5525     
 
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Such protection zones shall be sufficiently wide to prevent harm 5526 
to the Wekiva River System, including water quality, water 5527 
quantity, hydrology, wetlands, and aquatic and wetland -dependent 5528 
wildlife species, caused by any of the activities regulated 5529 
under this part. Factors on which the widths of the protection 5530 
zones shall be based shall include, but not be limited to: 5531 
 (a)  The biological significance of the wetlands and 5532 
uplands adjacent to the designated watercourses in the Wekiva 5533 
River System, including the nesting, feeding, breeding, and 5534 
resting needs of aquatic species and wetland -dependent wildlife 5535 
species. 5536 
 (b)  The sensitivity of these species to disturbance, 5537 
including the short-term and long-term adaptability to 5538 
disturbance of the more sensitive species, both migratory and 5539 
resident. 5540 
 (c)  The susceptibility of these lands to erosion, 5541 
including the slope, soils, runoff characteristics, and 5542 
vegetative cover. 5543 
 5544 
In addition, the rul es may establish permitting thresholds, 5545 
permitting exemptions, or general permits, if such thresholds, 5546 
exemptions, or general permits do not allow significant adverse 5547 
impacts to the Wekiva River System to occur individually or 5548 
cumulatively. 5549 
 (2)  Notwithstanding the provisions of s. 120.60, the St. 5550     
 
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Johns River Water Management District shall not issue any permit 5551 
under this part within the Wekiva River Protection Area, as 5552 
defined in s. 369.303(8) s. 369.303(9), until the appropriate 5553 
local government has provided written notification to the 5554 
district that the proposed activity is consistent with the local 5555 
comprehensive plan and is in compliance with any land 5556 
development regulation in effect in the area where the 5557 
development will take place. The di strict may, however, inform 5558 
any property owner who makes a request for such information as 5559 
to the location of the protection zone or zones on his or her 5560 
property. However, if a development proposal is amended as the 5561 
result of the review by the district, a permit may be issued 5562 
prior to the development proposal being returned, if necessary, 5563 
to the local government for additional review. 5564 
 Section 141.  Paragraph (a) of subsection (2) of section 5565 
376.3072, Florida Statutes, is amended to read: 5566 
 376.3072  Florida Petroleum Liability and Restoration 5567 
Insurance Program.— 5568 
 (2)(a)  An owner or operator of a petroleum storage system 5569 
may become an insured in the restoration insurance program at a 5570 
facility if: 5571 
 1.  A site at which an incident has occurred is eligible 5572 
for restoration if the insured is a participant in the third -5573 
party liability insurance program or otherwise meets applicable 5574 
financial responsibility requirements. After July 1, 1993, the 5575     
 
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insured must also provide the required excess insurance coverage 5576 
or self-insurance for restoration to achieve the financial 5577 
responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 5578 
not covered by paragraph (d). 5579 
 2.  A site which had a discharge reported before January 1, 5580 
1989, for which notice was given pursuant to s. 376.3071(10) and 5581 
which is ineligible for the third -party liability insurance 5582 
program solely due to that discharge is eligible for 5583 
participation in the restoration program for an incident 5584 
occurring on or after January 1, 1989, pursuant to subsection 5585 
(3). Restoration funding for an eligible contaminated site will 5586 
be provided without participation in the third -party liability 5587 
insurance program until the site is restored as required by the 5588 
department or until the department determines that the site does 5589 
not require restoration. 5590 
 3.  Notwithstanding paragraph (b), a site where an 5591 
application is filed with the department before January 1, 1995, 5592 
where the owner is a small business under s. 288.706(4) s. 5593 
288.703(6), a Florida College System institution with less tha n 5594 
2,500 FTE, a religious institution as defined by s. 5595 
212.08(7)(m), a charitable institution as defined by s. 5596 
212.08(7)(p), or a county or municipality with a population of 5597 
less than 50,000, is eligible for up to $400,000 of eligible 5598 
restoration costs, les s a deductible of $10,000 for small 5599 
businesses, eligible Florida College System institutions, and 5600     
 
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religious or charitable institutions, and $30,000 for eligible 5601 
counties and municipalities, if: 5602 
 a.  Except as provided in sub -subparagraph e., the facility 5603 
was in compliance with department rules at the time of the 5604 
discharge. 5605 
 b.  The owner or operator has, upon discovery of a 5606 
discharge, promptly reported the discharge to the department, 5607 
and drained and removed the system from service, if necessary. 5608 
 c.  The owner or operator has not intentionally caused or 5609 
concealed a discharge or disabled leak detection equipment. 5610 
 d.  The owner or operator proceeds to complete initial 5611 
remedial action as specified in department rules. 5612 
 e.  The owner or operator, if required a nd if it has not 5613 
already done so, applies for third -party liability coverage for 5614 
the facility within 30 days after receipt of an eligibility 5615 
order issued by the department pursuant to this subparagraph. 5616 
 5617 
However, the department may consider in -kind services from 5618 
eligible counties and municipalities in lieu of the $30,000 5619 
deductible. The cost of conducting initial remedial action as 5620 
defined by department rules is an eligible restoration cost 5621 
pursuant to this subparagraph. 5622 
 4.a.  By January 1, 1997, facilitie s at sites with existing 5623 
contamination must have methods of release detection to be 5624 
eligible for restoration insurance coverage for new discharges 5625     
 
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subject to department rules for secondary containment. Annual 5626 
storage system testing, in conjunction with inv entory control, 5627 
shall be considered to be a method of release detection until 5628 
the later of December 22, 1998, or 10 years after the date of 5629 
installation or the last upgrade. Other methods of release 5630 
detection for storage tanks which meet such requirement a re: 5631 
 (I)  Interstitial monitoring of tank and integral piping 5632 
secondary containment systems; 5633 
 (II)  Automatic tank gauging systems; or 5634 
 (III)  A statistical inventory reconciliation system with a 5635 
tank test every 3 years. 5636 
 b.  For pressurized integral pipin g systems, the owner or 5637 
operator must use: 5638 
 (I)  An automatic in -line leak detector with flow 5639 
restriction meeting the requirements of department rules used in 5640 
conjunction with an annual tightness or pressure test; or 5641 
 (II)  An automatic in -line leak detector with electronic 5642 
flow shut-off meeting the requirements of department rules. 5643 
 c.  For suction integral piping systems, the owner or 5644 
operator must use: 5645 
 (I)  A single check valve installed directly below the 5646 
suction pump if there are no other valves betwe en the dispenser 5647 
and the tank; or 5648 
 (II)  An annual tightness test or other approved test. 5649 
 d.  Owners of facilities with existing contamination that 5650     
 
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install internal release detection systems pursuant to sub -5651 
subparagraph a. shall permanently close their ex ternal 5652 
groundwater and vapor monitoring wells pursuant to department 5653 
rules by December 31, 1998. Upon installation of the internal 5654 
release detection system, such wells must be secured and taken 5655 
out of service until permanent closure. 5656 
 e.  Facilities with v apor levels of contamination meeting 5657 
the requirements of or below the concentrations specified in the 5658 
performance standards for release detection methods specified in 5659 
department rules may continue to use vapor monitoring wells for 5660 
release detection. 5661 
 f.  The department may approve other methods of release 5662 
detection for storage tanks and integral piping which have at 5663 
least the same capability to detect a new release as the methods 5664 
specified in this subparagraph. 5665 
 5666 
Sites meeting the criteria of this subsection for which a site 5667 
rehabilitation completion order was issued before June 1, 2008, 5668 
do not qualify for the 2008 increase in site rehabilitation 5669 
funding assistance and are bound by the pre -June 1, 2008, 5670 
limits. Sites meeting the criteria of this subsection fo r which 5671 
a site rehabilitation completion order was not issued before 5672 
June 1, 2008, regardless of whether they have previously 5673 
transitioned to nonstate -funded cleanup status, may continue 5674 
state-funded cleanup pursuant to s. 376.3071(6) until a site 5675     
 
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rehabilitation completion order is issued or the increased site 5676 
rehabilitation funding assistance limit is reached, whichever 5677 
occurs first. 5678 
 Section 142.  Paragraph (k) of subsection (2) of section 5679 
377.703, Florida Statutes, is amended to read: 5680 
 377.703  Additional functions of the Department of 5681 
Agriculture and Consumer Services. — 5682 
 (2)  DUTIES.—The department shall perform the following 5683 
functions, unless as otherwise provided, consistent with the 5684 
development of a state energy policy: 5685 
 (k)  The department s hall coordinate energy -related 5686 
programs of state government, including, but not limited to, the 5687 
programs provided in this section. To this end, the department 5688 
shall: 5689 
 1.  Provide assistance to other state agencies, counties, 5690 
and municipalities, and regional planning agencies to further 5691 
and promote their energy planning activities. 5692 
 2.  Require, in cooperation with the Department of 5693 
Management Services, all state agencies to operate state -owned 5694 
and state-leased buildings in accordance with energy 5695 
conservation standards as adopted by the Department of 5696 
Management Services. Every 3 months, the Department of 5697 
Management Services shall furnish the department data on 5698 
agencies' energy consumption and emissions of greenhouse gases 5699 
in a format prescribed by the department. 5700     
 
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 3.  Promote the development and use of renewable energy 5701 
resources, energy efficiency technologies, and conservation 5702 
measures. 5703 
 4.  Promote the recovery of energy from wastes, including, 5704 
but not limited to, the use of waste heat, the use of 5705 
agricultural products as a source of energy, and recycling of 5706 
manufactured products. Such promotion shall be conducted in 5707 
conjunction with, and after consultation with, the Department of 5708 
Environmental Protection and the Florida Public Service 5709 
Commission where electrical generation or natural gas is 5710 
involved, and any other relevant federal, state, or local 5711 
governmental agency having responsibility for resource recovery 5712 
programs. 5713 
 Section 143.  Subsection (3) of section 378.411, Florida 5714 
Statutes, is amended to read: 5715 
 378.411  Certification to receive notices of intent to 5716 
mine, to review, and to inspect for compliance. — 5717 
 (3)  In making his or her determination, the secretary 5718 
shall consult with the Department of Commerce , the appropriate 5719 
regional planning council , and the appropriate water management 5720 
district. 5721 
 Section 144.  Subsection (15) of section 380.031, Florida 5722 
Statutes, is amended to read: 5723 
 380.031  Definitions. —As used in this chapter: 5724 
 (15)  "Regional planning agency" means the agency 5725     
 
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designated by the state land planning agency to exercise 5726 
responsibilities under this chapter in a particular region of 5727 
the state. 5728 
 Section 145.  Paragraph (a) of subsection (6) and paragraph 5729 
(a) of subsection (7) of section 403.5115, Florida Statutes, are 5730 
amended to read: 5731 
 403.5115  Public notice. — 5732 
 (6)(a)  A good faith effort shall be made by the applicant 5733 
to provide direct written notice of the filing of an application 5734 
for certification by United States mail or hand delivery no 5735 
later than 45 days after filing of the app lication to all local 5736 
landowners whose property, as noted in the most recent local 5737 
government tax records, and residences are located within the 5738 
following distances of the proposed project: 5739 
 1.  Three miles of the proposed main site boundaries of the 5740 
proposed electrical power plant. 5741 
 2.  One-quarter mile for a transmission line corridor that 5742 
only includes a transmission line as defined by s. 403.522(21) 5743 
s. 403.522(22). 5744 
 3.  One-quarter mile for all other linear associated 5745 
facilities extending away from the main site boundary except for 5746 
a transmission line corridor that includes a transmission line 5747 
that operates below those defined by s. 403.522(21) s. 5748 
403.522(22). 5749 
 (7)(a)  A good faith effort shall be made by the proponent 5750     
 
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of an alternate corridor that inclu des a transmission line, as 5751 
defined by s. 403.522(21) s. 403.522(22), to provide direct 5752 
written notice of the filing of an alternate corridor for 5753 
certification by United States mail or hand delivery of the 5754 
filing no later than 30 days after filing of the a lternate 5755 
corridor to all local landowners whose property, as noted in the 5756 
most recent local government tax records, and residences, are 5757 
located within one-quarter mile of the proposed boundaries of a 5758 
transmission line corridor that includes a transmission line as 5759 
defined by s. 403.522(21) s. 403.522(22). 5760 
 Section 146.  Subsection (24) of section 409.901, Florida 5761 
Statutes, is amended to read: 5762 
 409.901  Definitions; ss. 409.901 -409.920.—As used in ss. 5763 
409.901-409.920, except as otherwise specifically provid ed, the 5764 
term: 5765 
 (24)  "Minority physician network" means a network of 5766 
primary care physicians with experience managing Medicaid or 5767 
Medicare recipients that is predominantly owned by minorities as 5768 
defined in s. 760.80(2) s. 288.703, which may have a 5769 
collaborative partnership with a public college or university 5770 
and a tax-exempt charitable corporation. 5771 
 Section 147.  Paragraph (b) of subsection (2) of section 5772 
440.45, Florida Statutes, is amended to read: 5773 
 440.45  Office of the Judges of Compensation Claims. — 5774 
 (2) 5775     
 
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 (b)  Except as provided in paragraph (c), the Governor 5776 
shall appoint a judge of compensation claims from a list of 5777 
three persons nominated by a statewide nominating commission. 5778 
The statewide nominating commission shall be composed of the 5779 
following: 5780 
 1.  Six members, at least one of whom must be a member of a 5781 
minority group as defined in s. 760.80(2) s. 288.703, one of 5782 
each who resides in each of the territorial jurisdictions of the 5783 
district courts of appeal, appointed by the Board of Governors 5784 
of The Florida Bar from among The Florida Bar members engaged in 5785 
the practice of law. Each member shall be appointed for a 4 -year 5786 
term; 5787 
 2.  Six electors, at least one of whom must be a member of 5788 
a minority group as defined in s. 760.80(2) s. 288.703, one of 5789 
each who resides in each of the territorial jurisdictions of the 5790 
district courts of appeal, appointed by the Governor. Each 5791 
member shall be appointed for a 4 -year term; and 5792 
 3.  Six electors, at least one of whom must be a member of 5793 
a minority group as defined in s. 760.80(2) s. 288.703, one of 5794 
each who resides in the territorial jurisdictions of the 5795 
district courts of appeal, selected and appointed by a majority 5796 
vote of the other 10 members of the commission. Each member 5797 
shall be appointed for a 4 -year term. 5798 
 5799 
A vacancy occurring on the commission shall be filled by the 5800     
 
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original appointing authority for the unexpired balance of the 5801 
term. An attorney who appears before any judge of compensation 5802 
claims more than four times a year is not eligible to serve on 5803 
the statewide nominating commission. The meetings and 5804 
determinations of the nominating commission as to the judges of 5805 
compensation claims shall be open to the public. 5806 
 Section 148.  Subsection (1), paragraph (a) of subsection 5807 
(3), and subsection (6) of section 473.3065, Florida Statutes, 5808 
are amended to read: 5809 
 473.3065  Clay Ford Scholarship Program; Certified Public 5810 
Accountant Education Minority Assistance Advisory Council. — 5811 
 (1)  The Clay Ford Scholarship Program for Florida 5812 
residents is hereby established in the division for the purpose 5813 
of providing scholarships to minority persons as defined in s. 5814 
760.80(2) s. 288.703 who are students enrolled in their fifth 5815 
year of an accounting education program at an institution in 5816 
this state approved by the board by rule. A Certified Public 5817 
Accountant Education Minority Assistance Advisory Council shall 5818 
assist the board in administering the program. 5819 
 (3)  The board shall adopt rules as necessary for 5820 
administration of the Clay Ford Scholarship Program, including 5821 
rules relating to the following: 5822 
 (a)  Eligibility criteria for receipt of a scholarship, 5823 
which, at a minimum, shall include the following factors: 5824 
 1.  Financial need. 5825     
 
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 2.  Ethnic, gender, or racial Minority status pursuant to 5826 
s. 760.80(2) s. 288.703(4). 5827 
 3.  Scholastic ability and performance. 5828 
 (6)  There is hereby created the Certified Public 5829 
Accountant Education Minority Assistance Advisory Council to 5830 
assist the board in administering the Clay Ford Scholarship 5831 
Program. The council shall be diverse and representati ve of the 5832 
gender, ethnic, and racial categories set forth in s. 760.80(2) 5833 
s. 288.703(4). 5834 
 (a)  The council shall consist of five licensed Florida -5835 
certified public accountants selected by the board, of whom one 5836 
shall be a board member who serves as chair of the council, one 5837 
shall be a representative of the National Association of Black 5838 
Accountants, one shall be a representative of the Cuban American 5839 
CPA Association, and two shall be selected at large. At least 5840 
one member of the council must be a woman. 5841 
 (b)  The board shall determine the terms for initial 5842 
appointments and appointments thereafter. 5843 
 (c)  Any vacancy on the council shall be filled in the 5844 
manner provided for the selection of the initial member. Any 5845 
member appointed to fill a vacancy of an unexpir ed term shall be 5846 
appointed for the remainder of that term. 5847 
 (d)  Three consecutive absences or absences constituting 50 5848 
percent or more of the council's meetings within any 12 -month 5849 
period shall cause the council membership of the member in 5850     
 
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question to become void, and the position shall be considered 5851 
vacant. 5852 
 (e)  The members of the council shall serve without 5853 
compensation, and any necessary and actual expenses incurred by 5854 
a member while engaged in the business of the council shall be 5855 
borne by such member or by the organization or agency such 5856 
member represents. However, the council member who is a member 5857 
of the board shall be compensated in accordance with ss. 5858 
455.207(4) and 112.061. 5859 
 Section 149.  Subsection (1) of section 641.217, Florida 5860 
Statutes, is amended to read: 5861 
 641.217  Minority recruitment and retention plans 5862 
required.— 5863 
 (1)  Any entity contracting with the Agency for Health Care 5864 
Administration to provide health care services to Medicaid 5865 
recipients or state employees on a prepaid or fixed -sum basis 5866 
must submit to the Agency for Health Care Administration the 5867 
entity's plan for recruitment and retention of health care 5868 
practitioners who are minority persons as defined in s. 5869 
760.80(2) s. 288.703. The plan must demonstrate an ability to 5870 
recruit and retain minority persons which shall include, but is 5871 
not limited to, the following efforts: 5872 
 (a)  Establishing and maintaining contacts with various 5873 
organizations representing the interests and concerns of 5874 
minority constituencies to seek advice and assistance . 5875     
 
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 (b)  Identifying and recruiting at colleges and 5876 
universities which primarily serve minority students. 5877 
 (c)  Reviewing and analyzing the organization's workforce 5878 
as to minority representation. 5879 
 (d)  Other factors identified by the Agency for Health Care 5880 
Administration by rule. 5881 
 Section 150.  Subsection (1) of section 947.02, Florida 5882 
Statutes, is amended to read: 5883 
 947.02  Florida Commission on Offender Review; members, 5884 
appointment.— 5885 
 (1)  Except as provided in s. 947.021, the members of the 5886 
Florida Commission on Offender Review shall be appointed by the 5887 
Governor and Cabinet from a list of eligible applicants 5888 
submitted by a parole qualifications committee. The appointments 5889 
of members of the commission shall be certified to the Senate by 5890 
the Governor and Cabinet for confirmation, and the membership of 5891 
the commission shall include representation from minority 5892 
persons as defined in s. 760.80(2) s. 288.703. 5893 
 Section 151.  Section 947.021, Florida Statutes, is amended 5894 
to read: 5895 
 947.021  Florida Commission on Offender Review; expedited 5896 
appointments.—Whenever the Legislature decreases the membership 5897 
of the commission, all terms of office shall expire, 5898 
notwithstanding any law to the contrary. Under such 5899 
circumstances, the Governor a nd Cabinet shall expedite the 5900     
 
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appointment of commissioners. Notwithstanding the parole 5901 
qualifications committee procedure in s. 947.02, members shall 5902 
be directly appointed by the Governor and Cabinet. Members 5903 
appointed to the commission may be selected fro m incumbents. 5904 
Members shall be certified to the Senate by the Governor and 5905 
Cabinet for confirmation, and the membership of the commission 5906 
shall include representation from minority persons as defined in 5907 
s. 760.80(2) s. 288.703. 5908 
 Section 152.  Paragraph ( a) of subsection (4) of section 5909 
1004.435, Florida Statutes, is amended to read: 5910 
 1004.435  Cancer control and research. — 5911 
 (4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 5912 
CREATION; COMPOSITION. — 5913 
 (a)  There is created within the H. Lee Moffitt Ca ncer 5914 
Center and Research Institute, Inc., the Florida Cancer Control 5915 
and Research Advisory Council. The council shall consist of 16 5916 
members, which includes the chairperson, all of whom must be 5917 
residents of this state. The State Surgeon General or his or he r 5918 
designee within the Department of Health shall be one of the 16 5919 
members. Members, except those appointed by the Governor, the 5920 
Speaker of the House of Representatives, or the President of the 5921 
Senate, must be appointed by the chief executive officer of the 5922 
institution or organization represented, or his or her designee. 5923 
One member must be a representative of the American Cancer 5924 
Society; one member must be a representative of the Sylvester 5925     
 
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Comprehensive Cancer Center of the University of Miami; one 5926 
member must be a representative of the University of Florida 5927 
Shands Cancer Center; one member must be a representative of the 5928 
Florida Nurses Association who specializes in the field of 5929 
oncology and is not from an institution or organization already 5930 
represented on the council; one member must be a representative 5931 
of the Florida Osteopathic Medical Association who specializes 5932 
in the field of oncology; one member must be a member of the 5933 
Florida Medical Association who specializes in the field of 5934 
oncology and who represe nts a cancer center not already 5935 
represented on the council; one member must be a representative 5936 
of the H. Lee Moffitt Cancer Center and Research Institute, 5937 
Inc.; one member must be a representative of the Mayo Clinic in 5938 
Jacksonville; one member must be a m ember of the Florida 5939 
Hospital Association who specializes in the field of oncology 5940 
and who represents a comprehensive cancer center not already 5941 
represented on the council; one member must be a representative 5942 
of the Association of Community Cancer Centers; one member must 5943 
specialize in pediatric oncology research or clinical care 5944 
appointed by the Governor; one member must specialize in 5945 
oncology clinical care or research appointed by the President of 5946 
the Senate; one member must be a current or former cancer 5947 
patient or a current or former caregiver to a cancer patient 5948 
appointed by the Speaker of the House of Representatives; one 5949 
member must be a member of the House of Representatives 5950     
 
HB 1125   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1125-00 
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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 
 
 
 
appointed by the Speaker of the House of Representatives; and 5951 
one member must be a member of the Senate appointed by the 5952 
President of the Senate. At least four of the members must be 5953 
individuals who are minority persons as defined by s. 760.80(2) 5954 
s. 288.703. 5955 
 Section 153. This act shall take effect July 1, 2025. 5956