Florida Senate - 2025 CS for SB 1264 By the Committee on Commerce and Tourism; and Senator Collins 577-03064-25 20251264c1 1 A bill to be entitled 2 An act relating to rural and urban business 3 enterprises; repealing ss. 24.113, 186.501, 186.502, 4 186.503, 186.504, 186.505, 186.506, 186.507, 186.508, 5 186.509, 186.511, 186.512, 186.513, 186.515, 287.0931, 6 288.12266, 288.124, 288.706, 288.7094, 288.7102, 7 288.71025, 288.7103, and 288.714, F.S., relating to 8 minority participation; a short title; legislative 9 findings and public purpose; definitions relating to 10 the Florida Regional Planning Council Act; regional 11 planning councils, creation, and membership; regional 12 planning councils, powers and duties; the Executive 13 Office of the Governor, powers and duties; strategic 14 regional policy plans; strategic regional policy plan 15 adoption, consistency with state comprehensive plan; 16 dispute resolution process; evaluation of strategic 17 regional policy plan, changes in plan; designation of 18 regional planning councils; reports; creation of 19 regional planning councils under ch. 163, F.S.; 20 minority business enterprises; the Targeted Marketing 21 Assistance Program; convention grants program; the 22 Florida Minority Business Loan Mobilization Program; 23 black business investment corporations; the Black 24 Business Loan Program; prohibited acts and penalties; 25 eligibility for a loan, loan guarantee, or investment; 26 and quarterly and annual reports, respectively; 27 amending s. 20.60, F.S.; revising the purpose of the 28 Department of Commerce; revising the responsibilities 29 of the Division of Economic Development within the 30 department; assigning responsibility to the division 31 for the Office of Secure Florida within the 32 department; specifying the responsibilities of the 33 office; amending s. 212.08, F.S.; deleting a 34 prohibition that the Department of Revenue may not 35 issue temporary tax exemption certificates after a 36 specified date; amending s. 215.559, F.S.; requiring 37 the Division of Emergency Management to give funding 38 priority to projects for the Hurricane Loss Mitigation 39 Program in regional planning council regions as such 40 regions existed on a specified date; amending s. 41 252.385, F.S.; requiring that the statewide emergency 42 shelter plan identify the general location and square 43 footage of special needs shelters by regional planning 44 council regions, as such regions existed on a 45 specified date, during the next 5 years; requiring 46 that state funds be maximized and targeted to regional 47 planning council regions as such regions existed on a 48 specified date; amending s. 253.025, F.S.; providing 49 an exemption for Federal Government agencies regarding 50 land being reverted to the Board of Trustees of the 51 Internal Improvement Trust Fund if land conveyances 52 are at less than the appraised value; amending s. 53 287.012, F.S.; deleting the definition of the term 54 minority business enterprise; amending s. 287.042, 55 F.S.; conforming provisions to changes made by the 56 act; amending s. 287.09451, F.S.; revising legislative 57 findings; renaming the Office of Supplier Diversity as 58 the Office of Supplier Development; specifying that 59 the purpose and duties of the office are to assist 60 rural or urban business enterprises, rather than 61 minority business enterprises; conforming a provision 62 to changes made by the act; making technical changes; 63 amending s. 287.0947, F.S.; renaming the Florida 64 Advisory Council on Small and Minority Business 65 Development as the Florida Advisory Council on Small, 66 Rural, and Urban Business Development; revising the 67 composition of the councils membership; revising the 68 councils powers and duties; conforming a cross 69 reference; amending s. 288.001, F.S.; revising the 70 criteria for membership of the statewide advisory 71 board of the Florida Small Business Development Center 72 Network; amending s. 288.0065, F.S.; revising the list 73 of information that must be included in the 74 departments annual incentives report; amending s. 75 288.1167, F.S.; revising the sports franchise contract 76 provisions for food and beverage concession and 77 contract awards; amending s. 288.1229, F.S.; revising 78 the representational criteria for the board of 79 directors of the Florida Sports Foundation; amending 80 s. 288.7015, F.S.; revising the duties of the states 81 rules ombudsman; amending s. 288.702, F.S.; renaming 82 the Florida Small and Minority Business Assistance Act 83 as the Florida Small Business Act; conforming a cross 84 reference; amending s. 288.703, F.S.; defining, 85 deleting, and revising terms; amending s. 288.705, 86 F.S.; requiring the Small Business Development Center, 87 in coordination with Minority Business Development 88 Centers, to compile and distribute certain information 89 to small businesses and businesses located in rural or 90 urban areas, rather than to minority businesses; 91 revising the list of information that must be included 92 by the Small Business Development Center in its annual 93 report to the Department of Commerce; amending s. 94 288.776, F.S.; deleting a membership requirement of 95 the board of directors of the Florida Export Finance 96 Corporation; creating s. 288.9628, F.S.; providing 97 legislative findings; establishing the Research, 98 Innovation, Science, and Engineering (RISE) Investment 99 Tax Credit Program within the Department of Commerce; 100 providing the purpose for the program; requiring the 101 department to coordinate with the Florida Opportunity 102 Fund and the State Board of Administration for a 103 specified purpose; defining terms; requiring an 104 applicant to apply to the department for authorization 105 to claim tax credits; requiring the department to 106 review and act upon such application within a 107 specified timeframe; requiring the applicant to 108 provide certain information required by the 109 department; specifying the information that must be 110 included in the application; requiring an applicant to 111 update its application if there has been a material 112 change; prohibiting tax credits from exceeding a 113 specified amount in a fiscal year; prohibiting the 114 department from issuing a tax credit to a qualifying 115 private fund until the private fund demonstrates it 116 has received its total capital commitment; prohibiting 117 the department from authorizing more than a specified 118 amount of tax credits to a qualifying private fund in 119 a fiscal year; requiring a qualifying private fund to 120 provide documentation to show that the qualifying 121 investment meets the departments requirements to 122 issue a tax credit; providing that follow-on or add-on 123 capital commitments may only be considered after the 124 follow-on or add-on investment has been deployed; 125 requiring a qualifying private fund to make a 126 specified number of qualified investments in a 127 specified number of qualifying portfolio projects to 128 be eligible for a tax credit; specifying the 129 information that must be included in the submission by 130 a qualifying private fund; authorizing a qualifying 131 private fund to receive tax credits equivalent to a 132 certain percentage of a qualifying investment in a 133 qualifying portfolio company; requiring the department 134 to authorize the Department of Revenue to issue tax 135 credits to a qualifying private fund if certain 136 requirements are met; prohibiting the Department of 137 Revenue from issuing more than a specified fraction of 138 the tax credits authorized for a qualifying investment 139 in a qualifying portfolio company in a fiscal year; 140 authorizing credits received to be applied against the 141 qualifying private funds corporate income tax 142 liability; authorizing a qualifying private fund to 143 transfer or sell any portion of its tax credit; 144 requiring such transfer or sale to take place within a 145 specified timeframe, after which the credit expires; 146 prohibiting such transfer or sale if the department 147 authorizes the credit but the Department of Revenue 148 has not yet issued such credit; authorizing the 149 department to revoke or modify its previous decisions 150 if it is discovered that the qualifying private fund 151 submitted any false statement, representation, or 152 certification in its application or if information in 153 a previous application materially changes; requiring 154 the department to notify the Department of Revenue of 155 any such revocation or modification affecting 156 previously granted tax credits; requiring the 157 qualifying private fund to notify the Department of 158 Revenue of any change in its tax credit claimed; 159 requiring that a qualifying private fund annually 160 report to the department for each investment within a 161 specified timeframe in order to remain eligible to 162 receive tax credits; providing that failure to do so 163 will result in the qualifying private funds tax 164 credit being revoked; requiring a qualifying private 165 fund to submit specified information to the department 166 in order to receive a tax credit; requiring the 167 department to revoke its approval of tax credits for 168 the qualifying investment if it fails to meet certain 169 requirements; requiring the department to issue a 170 notice of revocation and recapture to the qualifying 171 private fund and the Department of Revenue; requiring 172 such qualifying private fund to repay to the 173 department an amount equal to a certain percent of the 174 tax credits authorized by the department and claimed 175 by a qualifying portfolio company for the qualifying 176 investment; requiring that such funds be deposited 177 into the General Revenue Fund; providing construction; 178 requiring the department to include specified 179 information in its annual incentives report beginning 180 on a specified date and annually thereafter; requiring 181 that a certain percentage of tax credits be made 182 available during a specified period of time for a 183 specified purpose; requiring that all remaining tax 184 credits be made available during a specified period of 185 time on a first-come, first-served basis, subject to 186 eligibility of the qualifying investment; authorizing 187 the department to adopt rules; amending s. 290.0056, 188 F.S.; conforming provisions to changes made by the 189 act; amending s. 290.0057, F.S.; revising enterprise 190 zone development plan requirements to include business 191 investment corporations in rural or urban areas; 192 amending s. 331.302, F.S.; providing that Space 193 Florida is not an agency for purposes of its ability 194 to bid and contract for certain professional and 195 construction services under certain circumstances, and 196 is therefore exempt from certain requirements; 197 providing that monies received by the person under 198 contract with Space Florida to provide certain goods 199 and services are not state or local government funds; 200 amending s. 331.351, F.S.; revising legislative intent 201 that rural or urban business enterprises, rather than 202 women, minorities, and socially and economically 203 disadvantaged business enterprises, be encouraged to 204 participate fully in specified development; amending 205 s. 445.08, F.S.; revising the minimum eligibility 206 requirements for the Florida Law Enforcement 207 Recruitment Bonus Payment Program for newly employed 208 law enforcement officers; deleting an expiration date; 209 amending s. 447.203, F.S.; revising the definition of 210 the term managerial employees; authorizing local 211 governments to enter into agreements to create 212 regional planning entities; amending ss. 17.11, 213 68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177, 214 163.3178, 163.3184, 163.3245, 163.568, 164.1031, 215 186.003, 186.006, 186.007, 186.008, 186.803, 187.201, 216 212.096, 218.32, 255.101, 255.102, 258.501, 260.0142, 217 287.042, 287.055, 287.057, 287.0943, 287.09431, 218 288.0001, 288.7031, 288.975, 290.004, 320.08058, 219 335.188, 339.155, 339.175, 339.285, 339.63, 339.64, 220 341.041, 343.54, 366.93, 369.303, 369.307, 373.309, 221 373.415, 376.3072, 377.703, 378.411, 380.031, 380.045, 222 380.05, 380.055, 380.06, 380.061, 380.07, 380.23, 223 380.507, 381.986, 403.031, 403.0752, 403.503, 224 403.50663, 403.507, 403.509, 403.5115, 403.5175, 225 403.518, 403.522, 403.526, 403.5271, 403.5272, 226 403.5363, 403.5365, 403.537, 403.704, 403.7225, 227 403.7226, 403.723, 403.9403, 403.941, 403.9422, 228 403.973, 408.033, 420.609, 473.3065, 501.171, 229 625.3255, 657.042, 658.67, and 1013.30, F.S.; 230 conforming provisions to changes made by the act; 231 revising and conforming cross-references; making 232 technical changes; reenacting s. 110.205(2)(w), F.S., 233 relating to career service exemptions, to incorporate 234 the amendment made to s. 447.203, F.S., in references 235 thereto; reenacting ss. 163.3162(2)(d) and 373.129(8), 236 F.S., relating to agricultural lands and practices and 237 maintenance of actions, respectively, to incorporate 238 the amendment made to s. 164.1031, F.S., in references 239 thereto; reenacting s. 339.2819(1) and (3), F.S., 240 relating to the Transportation Regional Incentive 241 Program, to incorporate the amendment made to s. 242 339.155, F.S., in references thereto; reenacting s. 243 380.0552(5) and (6), F.S., relating to the Florida 244 Keys Area, to incorporate the amendments made to ss. 245 380.045 and 380.05, F.S., in references thereto; 246 reenacting s. 403.5064(1)(a), F.S., relating to 247 application schedules, to incorporate the amendment 248 made to s. 403.507, F.S., in a reference thereto; 249 reenacting ss. 403.5251(1)(a) and 403.5271(1)(d) and 250 (f), F.S., relating to application and schedules and 251 alternate corridors, respectively, to incorporate the 252 amendment made to s. 403.526, F.S., in references 253 thereto; reenacting s. 403.9421(5)(c), F.S., relating 254 to fees and disposition, to incorporate the amendment 255 made to s. 403.941, F.S., in a reference thereto; 256 providing an effective date. 257 258 Be It Enacted by the Legislature of the State of Florida: 259 260 Section 1.Section 24.113, Florida Statutes, is repealed. 261 Section 2.Section 186.501, Florida Statutes, is repealed. 262 Section 3.Section 186.502, Florida Statutes, is repealed. 263 Section 4.Section 186.503, Florida Statutes, is repealed. 264 Section 5.Section 186.504, Florida Statutes, is repealed. 265 Section 6.Section 186.505, Florida Statutes, is repealed. 266 Section 7.Section 186.506, Florida Statutes, is repealed. 267 Section 8.Section 186.507, Florida Statutes, is repealed. 268 Section 9.Section 186.508, Florida Statutes, is repealed. 269 Section 10.Section 186.509, Florida Statutes, is repealed. 270 Section 11.Section 186.511, Florida Statutes, is repealed. 271 Section 12.Section 186.512, Florida Statutes, is repealed. 272 Section 13.Section 186.513, Florida Statutes, is repealed. 273 Section 14.Section 186.515, Florida Statutes, is repealed. 274 Section 15.Section 287.0931, Florida Statutes, is 275 repealed. 276 Section 16.Section 288.12266, Florida Statutes, is 277 repealed. 278 Section 17.Section 288.124, Florida Statutes, is repealed. 279 Section 18.Section 288.706, Florida Statutes, is repealed. 280 Section 19.Section 288.7094, Florida Statutes, is 281 repealed. 282 Section 20.Section 288.7102, Florida Statutes, is 283 repealed. 284 Section 21.Section 288.71025, Florida Statutes, is 285 repealed. 286 Section 22.Section 288.7103, Florida Statutes, is 287 repealed. 288 Section 23.Section 288.714, Florida Statutes, is repealed. 289 Section 24.Section 331.351, Florida Statutes, is repealed. 290 Section 25.Paragraphs (e) and (k) of subsection (4) and 291 paragraph (a) of subsection (5) of section 20.60, Florida 292 Statutes, are amended to read: 293 20.60Department of Commerce; creation; powers and duties. 294 (4)The purpose of the department is to assist the Governor 295 in working with the Legislature, state agencies, business 296 leaders, and economic development professionals to formulate and 297 implement coherent and consistent policies and strategies 298 designed to promote economic opportunities for all Floridians. 299 The department is the states chief agency for business 300 recruitment and expansion and economic development. To 301 accomplish such purposes, the department shall: 302 (e)Manage the activities of public-private partnerships 303 and state agencies in order to avoid duplication and promote 304 coordinated and consistent implementation of programs in areas 305 including, but not limited to, tourism; international trade and 306 investment; business recruitment, creation, retention, and 307 expansion; minority and small business development; business 308 development in rural or urban areas; defense, space, and 309 aerospace development; rural community development; and the 310 development and promotion of professional and amateur sporting 311 events. 312 (k)Assist, promote, and enhance economic opportunities for 313 this states minority-owned businesses and rural or and urban 314 communities. 315 (5)The divisions within the department have specific 316 responsibilities to achieve the duties, responsibilities, and 317 goals of the department. Specifically: 318 (a)The Division of Economic Development shall: 319 1.Analyze and evaluate business prospects identified by 320 the Governor and the secretary. 321 2.Administer certain tax refund, tax credit, and grant 322 programs created in law. Notwithstanding any other provision of 323 law, the department may expend interest earned from the 324 investment of program funds deposited in the Grants and 325 Donations Trust Fund to contract for the administration of those 326 programs, or portions of the programs, assigned to the 327 department by law, by the appropriations process, or by the 328 Governor. Such expenditures are shall be subject to review under 329 chapter 216. 330 3.Develop measurement protocols for the state incentive 331 programs and for the contracted entities which will be used to 332 determine their performance and competitive value to the state. 333 Performance measures, benchmarks, and sanctions must be 334 developed in consultation with the legislative appropriations 335 committees and the appropriate substantive committees, and are 336 subject to the review and approval process provided in s. 337 216.177. The approved performance measures, standards, and 338 sanctions must shall be included and made a part of the 339 strategic plan for contracts entered into for delivery of 340 programs authorized by this section. 341 4.Develop a 5-year statewide strategic plan. The strategic 342 plan must include, but need not be limited to: 343 a.Strategies for the promotion of business formation, 344 expansion, recruitment, and retention through aggressive 345 marketing, attraction of venture capital and finance 346 development, domestic trade, international development, and 347 export assistance, which lead to more and better jobs and higher 348 wages for all geographic regions, disadvantaged communities, and 349 populations of the state, including rural areas, minority 350 businesses, and urban core areas. 351 b.The development of realistic policies and programs to 352 further the economic diversity of the state, its regions, and 353 their associated industrial clusters. 354 c.Specific provisions for the stimulation of economic 355 development and job creation in rural areas and midsize cities 356 and counties of the state, including strategies for rural 357 marketing and the development of infrastructure in rural areas. 358 d.Provisions for the promotion of the successful long-term 359 economic development of the state with increased emphasis in 360 market research and information. 361 e.Plans for the generation of foreign investment in the 362 state which create jobs paying above-average wages and which 363 result in reverse investment in the state, including programs 364 that establish viable overseas markets, assist in meeting the 365 financing requirements of export-ready firms, broaden 366 opportunities for international joint venture relationships, use 367 the resources of academic and other institutions, coordinate 368 trade assistance and facilitation services, and facilitate 369 availability of and access to education and training programs 370 that assure requisite skills and competencies necessary to 371 compete successfully in the global marketplace. 372 f.The identification of business sectors that are of 373 current or future importance to the states economy and to the 374 states global business image, and development of specific 375 strategies to promote the development of such sectors. 376 g.Strategies for talent development necessary in the state 377 to encourage economic development growth, taking into account 378 factors such as the states talent supply chain, education and 379 training opportunities, and available workforce. 380 h.Strategies and plans to support this states defense, 381 space, and aerospace industries and the emerging complementary 382 business activities and industries that support the development 383 and growth of defense, space, and aerospace in this state. 384 5.Update the strategic plan every 5 years. 385 6.Involve CareerSource Florida, Inc.; direct-support 386 organizations of the department; local governments; the general 387 public; local and regional economic development organizations; 388 other local, state, and federal economic, international, and 389 workforce development entities; the business community; and 390 educational institutions to assist with the strategic plan. 391 7.Coordinate with the Florida Tourism Industry Marketing 392 Corporation in the development of the 4-year marketing plan 393 pursuant to s. 288.1226(13). 394 8.Administer and manage relationships, as appropriate, 395 with the entities and programs created pursuant to the Florida 396 Capital Formation Act, ss. 288.9621-288.96255. 397 9.Establish the Office of Secure Florida. The office is 398 responsible for administering and enforcing: 399 a.E-Verify and employment authorization compliance, as set 400 forth in ss. 448.09 and 448.095. 401 b.The prohibition against the purchase and registration of 402 real property in this state by foreign principals, as set forth 403 in ss. 692.203 and 692.204. 404 Section 26.Paragraph (r) of subsection (5) of section 405 212.08, Florida Statutes, is amended to read: 406 212.08Sales, rental, use, consumption, distribution, and 407 storage tax; specified exemptions.The sale at retail, the 408 rental, the use, the consumption, the distribution, and the 409 storage to be used or consumed in this state of the following 410 are hereby specifically exempt from the tax imposed by this 411 chapter. 412 (5)EXEMPTIONS; ACCOUNT OF USE. 413 (r)Data center property. 414 1.As used in this paragraph, the term: 415 a.Critical IT load means that portion of electric power 416 capacity, expressed in terms of megawatts, which is reserved 417 solely for owners or tenants of a data center to operate their 418 computer server equipment. The term does not include any 419 ancillary load for cooling, lighting, common areas, or other 420 equipment. 421 b.Cumulative capital investment means the combined total 422 of all expenses incurred by the owners or tenants of a data 423 center after July 1, 2017, in connection with acquiring, 424 constructing, installing, equipping, or expanding the data 425 center. However, the term does not include any expenses incurred 426 in the acquisition of improved real property operating as a data 427 center at the time of acquisition or within 6 months before the 428 acquisition. 429 c.Data center means a facility that: 430 (I)Consists of one or more contiguous parcels in this 431 state, along with the buildings, substations and other 432 infrastructure, fixtures, and personal property located on the 433 parcels; 434 (II)Is used exclusively to house and operate equipment 435 that receives, stores, aggregates, manages, processes, 436 transforms, retrieves, researches, or transmits data; or that is 437 necessary for the proper operation of equipment that receives, 438 stores, aggregates, manages, processes, transforms, retrieves, 439 researches, or transmits data; 440 (III)Has a critical IT load of 15 megawatts or higher, and 441 a critical IT load of 1 megawatt or higher dedicated to each 442 individual owner or tenant within the data center; and 443 (IV)Is constructed on or after July 1, 2017. 444 d.Data center property means property used exclusively 445 at a data center to construct, outfit, operate, support, power, 446 cool, dehumidify, secure, or protect a data center and any 447 contiguous dedicated substations. The term includes, but is not 448 limited to, construction materials, component parts, machinery, 449 equipment, computers, servers, installations, redundancies, and 450 operating or enabling software, including any replacements, 451 updates and new versions, and upgrades to or for such property, 452 regardless of whether the property is a fixture or is otherwise 453 affixed to or incorporated into real property. The term also 454 includes electricity used exclusively at a data center. 455 2.Data center property is exempt from the tax imposed by 456 this chapter, except for the tax imposed by s. 212.031. To be 457 eligible for the exemption provided by this paragraph, the data 458 centers owners and tenants must make a cumulative capital 459 investment of $150 million or more for the data center and the 460 data center must have a critical IT load of 15 megawatts or 461 higher and a critical IT load of 1 megawatt or higher dedicated 462 to each individual owner or tenant within the data center. Each 463 of these requirements must be satisfied no later than 5 years 464 after the commencement of construction of the data center. 465 3.a.To receive the exemption provided by this paragraph, 466 the person seeking the exemption must apply to the department 467 for a temporary tax exemption certificate. The application must 468 state that a qualifying data center designation is being sought 469 and provide information that the requirements of subparagraph 2. 470 will be met. Upon a tentative determination by the department 471 that the data center will meet the requirements of subparagraph 472 2., the department must issue the certificate. 473 b.(I)The certificateholder shall maintain all necessary 474 books and records to support the exemption provided by this 475 paragraph. Upon satisfaction of all requirements of subparagraph 476 2., the certificateholder must deliver the temporary tax 477 certificate to the department together with documentation 478 sufficient to show the satisfaction of the requirements. Such 479 documentation must include written declarations, pursuant to s. 480 92.525, from: 481 (A)A professional engineer, licensed pursuant to chapter 482 471, certifying that the critical IT load requirement set forth 483 in subparagraph 2. has been satisfied at the data center; and 484 (B)A Florida certified public accountant, as defined in s. 485 473.302, certifying that the cumulative capital investment 486 requirement set forth in subparagraph 2. has been satisfied for 487 the data center. 488 489 The professional engineer and the Florida certified public 490 accountant may not be professionally related with the data 491 centers owners, tenants, or contractors, except that they may 492 be retained by a data center owner to certify that the 493 requirements of subparagraph 2. have been met. 494 (II)If the department determines that the subparagraph 2. 495 requirements have been satisfied, the department must issue a 496 permanent tax exemption certificate. 497 (III)Notwithstanding s. 212.084(4), the permanent tax 498 exemption certificate remains valid and effective for as long as 499 the data center described in the exemption application continues 500 to operate as a data center as defined in subparagraph 1., with 501 review by the department every 5 years to ensure compliance. As 502 part of the review, the certificateholder shall, within 3 months 503 before the end of any 5-year period, submit a written 504 declaration, pursuant to s. 92.525, certifying that the critical 505 IT load of 15 megawatts or higher and the critical IT load of 1 506 megawatt or higher dedicated to each individual owner or tenant 507 within the data center required by subparagraph 2. continues to 508 be met. All owners, tenants, contractors, and others purchasing 509 exempt data center property shall maintain all necessary books 510 and records to support the exemption as to those purchases. 511 (IV)Notwithstanding s. 213.053, the department may share 512 information concerning a temporary or permanent data center 513 exemption certificate among all owners, tenants, contractors, 514 and others purchasing exempt data center property pursuant to 515 such certificate. 516 c.If, in an audit conducted by the department, it is 517 determined that the certificateholder or any owners, tenants, 518 contractors, or others purchasing, renting, or leasing data 519 center property do not meet the criteria of this paragraph, the 520 amount of taxes exempted at the time of purchase, rental, or 521 lease is immediately due and payable to the department from the 522 purchaser, renter, or lessee of those particular items, together 523 with the appropriate interest and penalty computed from the date 524 of purchase in the manner prescribed by this chapter. 525 Notwithstanding s. 95.091(3)(a), any tax due as provided in this 526 sub-subparagraph may be assessed by the department within 6 527 years after the date the data center property was purchased. 528 d.Purchasers, lessees, and renters of data center property 529 who qualify for the exemption provided by this paragraph shall 530 obtain from the data center a copy of the tax exemption 531 certificate issued pursuant to sub-subparagraph a. or sub 532 subparagraph b. Before or at the time of purchase of the item or 533 items eligible for exemption, the purchaser, lessee, or renter 534 shall provide to the seller a copy of the tax exemption 535 certificate and a signed certificate of entitlement. Purchasers, 536 lessees, and renters with self-accrual authority shall maintain 537 all documentation necessary to prove the exempt status of 538 purchases. 539 e.For any purchase, lease, or rental of property that is 540 exempt pursuant to this paragraph, the possession of a copy of a 541 tax exemption certificate issued pursuant to sub-subparagraph a. 542 or sub-subparagraph b. and a signed certificate of entitlement 543 relieves the seller of the responsibility of collecting the tax 544 on the sale, lease, or rental of such property, and the 545 department must look solely to the purchaser, renter, or lessee 546 for recovery of the tax if it determines that the purchase, 547 rental, or lease was not entitled to the exemption. 548 4.After June 30, 2027, the department may not issue a 549 temporary tax exemption certificate pursuant to this paragraph. 550 Section 27.Paragraph (b) of subsection (1) of section 551 215.559, Florida Statutes, is amended to read: 552 215.559Hurricane Loss Mitigation Program.A Hurricane Loss 553 Mitigation Program is established in the Division of Emergency 554 Management. 555 (1)The Legislature shall annually appropriate $10 million 556 of the moneys authorized for appropriation under s. 557 215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the 558 division for the purposes set forth in this section. Of the 559 amount: 560 (b)Three million dollars in funds shall be used to 561 construct or retrofit facilities used as public hurricane 562 shelters. Each year the division shall prioritize the use of 563 these funds for projects included in the annual report of the 564 Shelter Development Report prepared in accordance with s. 565 252.385(3). The division must give funding priority to projects 566 in regional planning council regions, as such regions existed on 567 January 1, 2025, that have shelter deficits and to projects that 568 maximize the use of state funds. 569 Section 28.Paragraph (b) of subsection (2) and subsection 570 (3) of section 252.385, Florida Statutes, are amended to read: 571 252.385Public shelter space; public records exemption. 572 (2) 573 (b)By January 31 of each even-numbered year, the division 574 shall prepare and submit a statewide emergency shelter plan to 575 the Governor and Cabinet for approval, subject to the 576 requirements for approval in s. 1013.37(2). The emergency 577 shelter plan must project, for each of the next 5 years, the 578 hurricane shelter needs of the state, including periods of time 579 during which a concurrent public health emergency may 580 necessitate more space for each individual to accommodate 581 physical distancing. In addition to information on the general 582 shelter needs throughout this state, the plan must identify the 583 general location and square footage of special needs shelters 584 annually through 2030, by regional planning council region. The 585 plan must also include information on the availability of 586 shelters that accept pets. The Department of Health shall assist 587 the division in determining the estimated need for special needs 588 shelter space and the adequacy of facilities to meet the needs 589 of persons with special needs based on information from the 590 registries of persons with special needs and other information. 591 (3)The division shall annually provide to the President of 592 the Senate, the Speaker of the House of Representatives, and the 593 Governor a list of facilities recommended to be retrofitted 594 using state funds. State funds must should be maximized and 595 targeted to regional planning council regions, as such regions 596 existed on January 1, 2025, with hurricane evacuation shelter 597 deficits. The owner or lessee of a public hurricane evacuation 598 shelter that is included on the list of facilities recommended 599 for retrofitting is not required to perform any recommended 600 improvements. 601 Section 29.Paragraph (d) of subsection (21) of section 602 253.025, Florida Statutes, is amended to read: 603 253.025Acquisition of state lands. 604 (21) 605 (d)A conveyance at less than appraised value must state 606 that the land will revert to the board of trustees if the land 607 is not used for its intended purposes as a military installation 608 buffer or if the military installation closes. Federal 609 Government agencies, including the Department of Defense and its 610 subordinate Departments of the Army, Navy, and Air Force, and 611 the Department of Homeland Securitys United States Coast Guard, 612 are exempt from this paragraph if the primary purpose of 613 remaining as a military installation buffer continues, even 614 though the specific military purpose, mission, and function on 615 the conveyed land is modified or changes from that which was 616 present or proposed at the time of the conveyance. 617 Section 30.Subsection (18) of section 287.012, Florida 618 Statutes, is amended to read: 619 287.012Definitions.As used in this part, the term: 620 (18)Minority business enterprise has the same meaning as 621 provided in s. 288.703. 622 Section 31.Paragraph (a) of subsection (2) and paragraph 623 (b) of subsection (3) of section 287.042, Florida Statutes, are 624 amended to read: 625 287.042Powers, duties, and functions.The department shall 626 have the following powers, duties, and functions: 627 (2)(a)To establish purchasing agreements and procure state 628 term contracts for commodities and contractual services, 629 pursuant to s. 287.057, under which state agencies shall, and 630 eligible users may, make purchases pursuant to s. 287.056. The 631 department may restrict purchases from some term contracts to 632 state agencies only for those term contracts where the inclusion 633 of other governmental entities will have an adverse effect on 634 competition or to those federal facilities located in this 635 state. In such planning or purchasing the Office of Supplier 636 Development Diversity may monitor to ensure that opportunities 637 are afforded for contracting with rural or urban minority 638 business enterprises. The department, for state term contracts, 639 and all agencies, for multiyear contractual services or term 640 contracts, shall explore reasonable and economical means to 641 utilize certified rural or urban minority business enterprises. 642 Purchases by any county, municipality, private nonprofit 643 community transportation coordinator designated pursuant to 644 chapter 427, while conducting business related solely to the 645 Commission for the Transportation Disadvantaged, or other local 646 public agency under the provisions in the state purchasing 647 contracts, and purchases, from the corporation operating the 648 correctional work programs, of products or services that are 649 subject to paragraph (1)(f), are exempt from the competitive 650 solicitation requirements otherwise applying to their purchases. 651 (3)To establish a system of coordinated, uniform 652 procurement policies, procedures, and practices to be used by 653 agencies in acquiring commodities and contractual services, 654 which shall include, but not be limited to: 655 (b)1.Development of procedures for advertising 656 solicitations. These procedures must provide for electronic 657 posting of solicitations for at least 10 days before the date 658 set for receipt of bids, proposals, or replies, unless the 659 department or other agency determines in writing that a shorter 660 period of time is necessary to avoid harming the interests of 661 the state. The Office of Supplier Development Diversity may 662 consult with the department regarding the development of 663 solicitation distribution procedures to ensure that maximum 664 distribution is afforded to certified rural or urban minority 665 business enterprises as defined in s. 288.703. 666 2.Development of procedures for electronic posting. The 667 department shall designate a centralized website on the Internet 668 for the department and other agencies to electronically post 669 solicitations, decisions or intended decisions, and other 670 matters relating to procurement. 671 Section 32.Section 287.09451, Florida Statutes, is amended 672 to read: 673 287.09451Office of Supplier Development Diversity; powers, 674 duties, and functions. 675 (1)The Legislature finds that there is evidence of a 676 systematic pattern of past and continuing racial discrimination 677 against rural or urban minority business enterprises and a 678 disparity in the availability and use of such rural or urban 679 minority business enterprises in the state procurement system. 680 It is determined to be a compelling state interest to rectify 681 such discrimination and disparity. Based upon statistical data 682 profiling this discrimination, the Legislature has enacted race 683 conscious and gender-conscious remedial programs to ensure rural 684 or urban minority participation in the economic life of the 685 state, in state contracts for the purchase of commodities and 686 services, and in construction contracts. The purpose and intent 687 of this section is to increase participation by minority 688 business enterprises in rural or urban areas, accomplished by 689 encouraging the use of such rural or urban minority business 690 enterprises and the entry of new and diversified rural or urban 691 minority business enterprises into the marketplace. 692 (2)The Office of Supplier Development Diversity is 693 established within the Department of Management Services to 694 assist minority business enterprises located in rural or urban 695 areas in becoming suppliers of commodities, services, and 696 construction to state government. 697 (3)The secretary shall appoint an executive director for 698 the Office of Supplier Development Diversity, who shall serve at 699 the pleasure of the secretary. 700 (4)The Office of Supplier Development has Diversity shall 701 have the following powers, duties, and functions: 702 (a)To adopt rules to determine what constitutes a good 703 faith effort for purposes of state agency compliance with the 704 rural or urban minority business enterprise procurement goals 705 set forth in s. 287.042. Factors which must shall be considered 706 by the Minority Business Enterprise Assistance Office in 707 determining good faith effort must shall include, but are not be 708 limited to: 709 1.Whether the agency scheduled presolicitation or prebid 710 meetings for the purpose of informing rural or urban minority 711 business enterprises of contracting and subcontracting 712 opportunities. 713 2.Whether the contractor advertised in general 714 circulation, trade association, or rural-focused or urban 715 focused minority-focus media concerning the subcontracting 716 opportunities. 717 3.Whether the agency effectively used services and 718 resources of available rural or urban minority community 719 organizations; minority contractors groups located in rural or 720 urban areas; local, state, and federal minority business 721 assistance offices urban businesses located in rural or urban 722 areas; and other organizations that provide assistance in the 723 recruitment and placement of rural or urban minority business 724 enterprises or minority persons. 725 4.Whether the agency provided written notice to a 726 reasonable number of rural or urban minority business 727 enterprises that their interest in contracting with the agency 728 was being solicited in sufficient time to allow the rural or 729 urban minority business enterprises to participate effectively. 730 (b)To adopt rules to determine what constitutes a good 731 faith effort for purposes of contractor compliance with 732 contractual requirements relating to the use of services or 733 commodities of a rural or urban minority business enterprise 734 under s. 287.094(2). Factors which must shall be considered by 735 the Office of Supplier Development Diversity in determining 736 whether a contractor has made good faith efforts must shall 737 include, but are not be limited to: 738 1.Whether the contractor attended any presolicitation or 739 prebid meetings that were scheduled by the agency to inform 740 rural or urban minority business enterprises of contracting and 741 subcontracting opportunities. 742 2.Whether the contractor advertised in general 743 circulation, trade association, or rural-focused or urban 744 focused minority-focus media concerning the subcontracting 745 opportunities. 746 3.Whether the contractor provided written notice to a 747 reasonable number of specific rural or urban minority business 748 enterprises that their interest in the contract was being 749 solicited in sufficient time to allow the rural or urban 750 minority business enterprises to participate effectively. 751 4.Whether the contractor followed up initial solicitations 752 of interest by contacting rural or urban minority business 753 enterprises or minority persons to determine with certainty 754 whether the rural or urban minority business enterprises or 755 minority persons were interested. 756 5.Whether the contractor selected portions of the work to 757 be performed by rural or urban minority business enterprises in 758 order to increase the likelihood of meeting the rural or urban 759 minority business enterprise procurement goals, including, where 760 appropriate, breaking down contracts into economically feasible 761 units to facilitate rural or urban minority business enterprise 762 participation. 763 6.Whether the contractor provided interested rural or 764 urban minority business enterprises or minority persons with 765 adequate information about the plans, specifications, and 766 requirements of the contract or the availability of jobs. 767 7.Whether the contractor negotiated in good faith with 768 interested rural or urban minority business enterprises or 769 minority persons, not rejecting rural or urban minority business 770 enterprises or minority persons as unqualified without sound 771 reasons based on a thorough investigation of their capabilities. 772 8.Whether the contractor effectively used the services of 773 available rural or urban minority community organizations; rural 774 or urban minority contractors groups; local, state, and federal 775 rural or urban minority business assistance offices; and other 776 organizations that provide assistance in the recruitment and 777 placement of rural or urban minority business enterprises or 778 minority persons. 779 (c)To adopt rules and do all things necessary or 780 convenient to guide all state agencies toward making 781 expenditures for commodities, contractual services, 782 construction, and architectural and engineering services with 783 certified rural or urban minority business enterprises in 784 accordance with the rural or urban minority business enterprise 785 procurement goals set forth in s. 287.042. 786 (d)To monitor the degree to which agencies procure 787 services, commodities, and construction from rural or urban 788 minority business enterprises in conjunction with the Department 789 of Financial Services as specified in s. 17.11. 790 (e)To receive and disseminate information relative to 791 procurement opportunities, availability of rural or urban 792 minority business enterprises, and technical assistance. 793 (f)To advise agencies on methods and techniques for 794 achieving procurement objectives. 795 (g)To provide a central rural or urban minority business 796 enterprise certification process which includes independent 797 verification of status as a rural or urban minority business 798 enterprise. 799 (h)To develop procedures to investigate complaints against 800 rural or urban minority business enterprises or contractors 801 alleged to violate any provision related to this section or s. 802 287.0943, that may include visits to worksites or business 803 premises, and to refer all information on businesses suspected 804 of misrepresenting its rural or urban minority status to the 805 Department of Management Services for investigation. When an 806 investigation is completed and there is reason to believe that a 807 violation has occurred, the matter shall be referred to the 808 office of the Attorney General, Department of Legal Affairs, for 809 prosecution. 810 (i)To maintain a directory of all rural or urban minority 811 business enterprises which have been certified and provide this 812 information to any agency or business requesting it. 813 (j)To encourage all firms which do more than $1 million in 814 business with the state within a 12-month period to develop, 815 implement, and submit to this office a rural or urban minority 816 business development plan. 817 (k)To communicate on a monthly basis with the Small and 818 Minority Business Advisory Council to keep the council informed 819 on issues relating to rural or urban minority enterprise 820 procurement. 821 (l)To serve as an advocate for rural or urban minority 822 business enterprises, and coordinate with the small, rural and 823 minority business ombudsman, as defined in s. 288.703, which 824 duties shall include: 825 1.Ensuring that agencies supported by state funding 826 effectively target the delivery of services and resources, as 827 related to rural or urban minority business enterprises. 828 2.Establishing standards within each industry with which 829 the state government contracts on how agencies and contractors 830 may provide the maximum practicable opportunity for rural or 831 urban minority business enterprises. 832 3.Assisting agencies and contractors by providing outreach 833 to rural or urban minority businesses, by specifying and 834 monitoring technical and managerial competence for rural or 835 urban minority business enterprises, and by consulting in 836 planning of agency procurement to determine how best to provide 837 opportunities for rural or urban minority business enterprises. 838 4.Integrating technical and managerial assistance for 839 rural or urban minority business enterprises with government 840 contracting opportunities. 841 (m)To certify rural or urban minority business 842 enterprises, as defined in s. 288.703, and as specified in ss. 843 287.0943 and 287.09431, and shall recertify such rural or urban 844 minority businesses at least once every 2 years. Rural or urban 845 Minority business enterprises must be recertified at least once 846 every 2 years. Such certifications may include an electronic 847 signature. 848 (n)1.To develop procedures to be used by an agency in 849 identifying commodities, contractual services, architectural and 850 engineering services, and construction contracts, except those 851 architectural, engineering, construction, or other related 852 services or contracts subject to the provisions of chapter 339, 853 that could be provided by rural or urban minority business 854 enterprises. Each agency is encouraged to spend 21 percent of 855 the moneys actually expended for construction contracts, 25 856 percent of the moneys actually expended for architectural and 857 engineering contracts, 24 percent of the moneys actually 858 expended for commodities, and 50.5 percent of the moneys 859 actually expended for contractual services during the previous 860 fiscal year, except for the state university construction 861 program which are shall be based upon public education capital 862 outlay projections for the subsequent fiscal year, and reported 863 to the Legislature pursuant to s. 216.023, for the purpose of 864 entering into contracts with certified rural or urban minority 865 business enterprises as defined in s. 288.703, or approved joint 866 ventures. However, in the event of budget reductions pursuant to 867 s. 216.221, the base amounts may be adjusted to reflect such 868 reductions. The overall spending goal for each industry category 869 shall be subdivided as follows: 870 a.For construction contracts: 4 percent for black 871 Americans, 6 percent for Hispanic-Americans, and 11 percent for 872 American women. 873 b.For architectural and engineering contracts: 9 percent 874 for Hispanic-Americans, 1 percent for Asian-Americans, and 15 875 percent for American women. 876 c.For commodities: 2 percent for black Americans, 4 877 percent for Hispanic-Americans, 0.5 percent for Asian-Americans, 878 0.5 percent for Native Americans, and 17 percent for American 879 women. 880 d.For contractual services: 6 percent for black Americans, 881 7 percent for Hispanic-Americans, 1 percent for Asian-Americans, 882 0.5 percent for Native Americans, and 36 percent for American 883 women. 884 2.For the purposes of commodities contracts for the 885 purchase of equipment to be used in the construction and 886 maintenance of state transportation facilities involving the 887 Department of Transportation, the term terms certified rural or 888 urban minority business enterprise has the same meaning as and 889 minority person have the same meanings as provided in s. 890 288.703. In order to ensure that the goals established under 891 this paragraph for contracting with certified rural or urban 892 minority business enterprises are met, the department, with the 893 assistance of the Office of Supplier Development Diversity, 894 shall make recommendations to the Legislature on revisions to 895 the goals, based on an updated statistical analysis, at least 896 once every 5 years. Such recommendations must shall be based on 897 statistical data indicating the availability of and disparity in 898 the use of rural or urban minority businesses contracting with 899 the state. 900 3.In determining the base amounts for assessing compliance 901 with this paragraph, the Office of Supplier Development 902 Diversity may develop, by rule, guidelines for all agencies to 903 use in establishing such base amounts. These rules must include, 904 but are not limited to, guidelines for calculation of base 905 amounts, a deadline for the agencies to submit base amounts, a 906 deadline for approval of the base amounts by the Office of 907 Supplier Development Diversity, and procedures for adjusting the 908 base amounts as a result of budget reductions made pursuant to 909 s. 216.221. 910 4.To determine guidelines for the use of price 911 preferences, weighted preference formulas, or other preferences, 912 as appropriate to the particular industry or trade, to increase 913 the participation of rural or urban minority businesses in state 914 contracting. These guidelines must shall include consideration 915 of: 916 a.Size and complexity of the project. 917 b.The concentration of transactions with rural or urban 918 minority business enterprises for the commodity or contractual 919 services in question in prior agency contracting. 920 c.The specificity and definition of work allocated to 921 participating rural or urban minority business enterprises. 922 d.The capacity of participating rural or urban minority 923 business enterprises to complete the tasks identified in the 924 project. 925 e.The available pool of rural or urban minority business 926 enterprises as prime contractors, either alone or as partners in 927 an approved joint venture that serves as the prime contractor. 928 5.To determine guidelines for use of joint ventures to 929 meet rural or urban minority business enterprises spending 930 goals. For purposes of this section, the term joint venture 931 means any association of two or more business concerns to carry 932 out a single business enterprise for profit, for which purpose 933 they combine their property, capital, efforts, skills, and 934 knowledge. The guidelines must shall allow transactions with 935 joint ventures to be eligible for credit against the rural or 936 urban minority business enterprise goals of an agency when the 937 contracting joint venture demonstrates that at least one partner 938 to the joint venture is a certified rural or urban minority 939 business enterprise as defined in s. 288.703, and that such 940 partner is responsible for a clearly defined portion of the work 941 to be performed, and shares in the ownership, control, 942 management, responsibilities, risks, and profits of the joint 943 venture. Such demonstration must shall be by verifiable 944 documents and sworn statements and may be reviewed by the Office 945 of Supplier Development Diversity at or before the time a 946 contract bid, proposal, or reply is submitted. An agency may 947 count toward its rural or urban minority business enterprise 948 goals a portion of the total dollar amount of a contract equal 949 to the percentage of the ownership and control held by the 950 qualifying certified rural or urban minority business partners 951 in the contracting joint venture, so long as the joint venture 952 meets the guidelines adopted by the office. 953 (o)1.To establish a system to record and measure the use 954 of certified rural or urban minority business enterprises in 955 state contracting. This system must shall maintain information 956 and statistics on certified rural or urban minority business 957 enterprise participation, awards, dollar volume of expenditures 958 and agency goals, and other appropriate types of information to 959 analyze progress in the access of certified rural or urban 960 minority business enterprises to state contracts and to monitor 961 agency compliance with this section. Such reporting must 962 include, but is not limited to, the identification of all 963 subcontracts in state contracting by dollar amount and by number 964 of subcontracts and the identification of the utilization of 965 certified rural or urban minority business enterprises as prime 966 contractors and subcontractors by dollar amounts of contracts 967 and subcontracts, number of contracts and subcontracts, minority 968 status, industry, and any conditions or circumstances that 969 significantly affected the performance of subcontractors. 970 Agencies shall report their compliance with the requirements of 971 this reporting system at least annually and at the request of 972 the office. All agencies shall cooperate with the office in 973 establishing this reporting system. Except in construction 974 contracting, all agencies shall review contracts costing in 975 excess of CATEGORY FOUR as defined in s. 287.017 to determine 976 whether if such contracts could be divided into smaller 977 contracts to be separately solicited and awarded, and shall, 978 when economical, offer such smaller contracts to encourage rural 979 or urban minority participation. 980 2.To report agency compliance with the provisions of 981 subparagraph 1. for the preceding fiscal year to the Governor 982 and Cabinet, the President of the Senate, and the Speaker of the 983 House of Representatives on or before February 1 of each year. 984 The report must contain, at a minimum, the following: 985 a.Total expenditures of each agency by industry. 986 b.The dollar amount and percentage of contracts awarded to 987 certified rural or urban minority business enterprises by each 988 state agency. 989 c.The dollar amount and percentage of contracts awarded 990 indirectly to certified rural or urban minority business 991 enterprises as subcontractors by each state agency. 992 d.The total dollar amount and percentage of contracts 993 awarded to certified rural or urban minority business 994 enterprises, whether directly or indirectly, as subcontractors. 995 e.A statement and assessment of good faith efforts taken 996 by each state agency. 997 f.A status report of agency compliance with subsection 998 (6), as determined by the Rural or Urban Minority Business 999 Enterprise Office. 1000 (5)(a)Each agency shall, at the time the specifications or 1001 designs are developed or contract sizing is determined for any 1002 proposed procurement costing in excess of CATEGORY FOUR, as 1003 defined in s. 287.017, forward a notice to the Office of 1004 Supplier Development Diversity of the proposed procurement and 1005 any determination on the designs of specifications of the 1006 proposed procurement that impose requirements on prospective 1007 vendors, no later than 30 days before prior to the issuance of a 1008 solicitation, except that this provision does shall not apply to 1009 emergency acquisitions. The 30-day notice period does shall not 1010 toll the time for any other procedural requirements. 1011 (b)If the Office of Supplier Development Diversity 1012 determines that the proposed procurement will not likely allow 1013 opportunities for rural or urban minority business enterprises, 1014 the office may, within 20 days after it receives the information 1015 specified in paragraph (a), propose the implementation of rural 1016 or urban minority business enterprise utilization provisions or 1017 submit alternative procurement methods that would significantly 1018 increase rural or urban minority business enterprise contracting 1019 opportunities. 1020 (c)Whenever the agency and the Office of Supplier 1021 Development Diversity disagree, the matter must shall be 1022 submitted for determination to the head of the agency or the 1023 senior-level official designated pursuant to this section as 1024 liaison for rural or urban minority business enterprise issues. 1025 (d)If the proposed procurement proceeds to competitive 1026 solicitation, the office is hereby granted standing to protest, 1027 pursuant to this section, in a timely manner, any contract award 1028 during competitive solicitation for contractual services and 1029 construction contracts that fail to include rural or urban 1030 minority business enterprise participation, if any responsible 1031 and responsive vendor has demonstrated the ability to achieve 1032 any level of participation, or, any contract award for 1033 commodities where, a reasonable and economical opportunity to 1034 reserve a contract, statewide or district level, for rural or 1035 urban minority participation was not executed or, an agency 1036 failed to adopt an applicable preference for rural or urban 1037 minority participation. The bond requirement is shall be waived 1038 for the office purposes of this subsection. 1039 (e)An agency may presume that a vendor offering no rural 1040 or urban minority participation has not made a good faith effort 1041 when other vendors offer rural or urban minority participation 1042 of firms listed as relevant to the agencys purchasing needs in 1043 the pertinent locality or statewide to complete the project. 1044 (f)Paragraph (a) will not apply when the Office of 1045 Supplier Development Diversity determines that an agency has 1046 established a work plan to allow advance consultation and 1047 planning with rural or urban minority business enterprises and 1048 where such plan clearly demonstrates: 1049 1.A high level of advance planning by the agency with 1050 rural or urban minority business enterprises. 1051 2.A high level of accessibility, knowledge, and experience 1052 by rural or urban minority business enterprises in the agencys 1053 contract decisionmaking process. 1054 3.A high quality of agency monitoring and enforcement of 1055 internal implementation of rural or urban minority business 1056 utilization provisions. 1057 4.A high quality of agency monitoring and enforcement of 1058 contractor utilization of rural or urban minority business 1059 enterprises, especially tracking subcontractor data, and 1060 ensuring the integrity of subcontractor reporting. 1061 5.A high quality of agency outreach, agency networking of 1062 major vendors with rural or urban minority vendors, and 1063 innovation in techniques to improve utilization of rural or 1064 urban minority business enterprises. 1065 6.Substantial commitment, sensitivity, and proactive 1066 attitude by the agency head and among the agency rural or urban 1067 minority business staff. 1068 (6)Each state agency shall coordinate its rural or urban 1069 minority business enterprise procurement activities with the 1070 Office of Supplier Development Diversity. At a minimum, each 1071 agency shall: 1072 (a)Adopt a rural or urban minority business enterprise 1073 utilization plan for review and approval by the Office of 1074 Supplier Development Diversity which should require meaningful 1075 and useful methods to attain the legislative intent in assisting 1076 rural or urban minority business enterprises. 1077 (b)Designate a senior-level employee in the agency as a 1078 rural or urban minority enterprise assistance officer, 1079 responsible for overseeing the agencys rural or urban minority 1080 business utilization activities, and who is not also charged 1081 with purchasing responsibility. A senior-level agency employee 1082 and agency purchasing officials is shall be accountable to the 1083 agency head for the agencys rural or urban minority business 1084 utilization performance. The Office of Supplier Development 1085 Diversity shall advise each agency on compliance performance. 1086 (c)If an agency deviates significantly from its 1087 utilization plan in 2 consecutive or 3 out of 5 total fiscal 1088 years, the Office of Supplier Development Diversity may review 1089 any and all solicitations and contract awards of the agency as 1090 deemed necessary until such time as the agency meets its 1091 utilization plan. 1092 Section 33.Section 287.0947, Florida Statutes, is amended 1093 to read: 1094 287.0947Florida Advisory Council on Small, Rural, and 1095 Urban and Minority Business Development; creation; membership; 1096 duties. 1097 (1)The Secretary of Management Services may create the 1098 Florida Advisory Council on Small, Rural, and Urban and Minority 1099 Business Development with the purpose of advising and assisting 1100 the secretary in carrying out the secretarys duties with 1101 respect to rural or urban minority businesses and economic and 1102 business development. It is the intent of the Legislature that 1103 the membership of such council include practitioners, 1104 laypersons, financiers, and others with business development 1105 experience who can provide invaluable insight and expertise for 1106 this state in the diversification of its markets and networking 1107 of business opportunities. The council shall initially be 1108 composed consist of 19 persons, each of whom is or has been 1109 actively engaged in small, rural, or urban and minority business 1110 development, either in private industry, in governmental 1111 service, or as a scholar of recognized achievement in the study 1112 of such matters. Initially, the council shall be composed 1113 consist of members representing all regions of this the state 1114 and shall include at least one member from each group identified 1115 within the definition of minority person in s. 288.703 s. 1116 288.703(4), considering also gender and nationality subgroups, 1117 and shall be composed consist of the following: 1118 (a)Four members consisting of representatives of local and 1119 federal small, rural, or urban and minority business assistance 1120 programs or community development programs. 1121 (b)Eight members representing composed of representatives 1122 of the rural or urban minority private business sectors sector, 1123 including certified rural or urban minority business enterprises 1124 and rural or urban minority supplier development councils, among 1125 whom at least two are shall be women and at least four are shall 1126 be minority persons. 1127 (c)Two representatives of local government, one of whom is 1128 shall be a representative of a large local government, and one 1129 of whom is shall be a representative of a small local 1130 government. 1131 (d)Two representatives from the banking and insurance 1132 industry. 1133 (e)Two members from the private business sector, 1134 representing the construction and commodities industries. 1135 (f)The Secretary of Commerce or his or her designee. 1136 1137 A candidate for appointment may be considered if eligible to be 1138 certified as an owner of a rural or urban minority business 1139 enterprise, or if otherwise qualified under the criteria above. 1140 Vacancies may be filled by appointment of the secretary, in the 1141 manner of the original appointment. 1142 (2)Each appointed member shall serve for a term of 2 years 1143 from the date of appointment, except that a vacancy must shall 1144 be filled by appointment for the remainder of the unexpired 1145 term. The council shall annually elect a chair and a vice chair. 1146 The council shall adopt internal procedures or bylaws necessary 1147 for efficient operations. Members of the council shall serve 1148 without compensation or honorarium but shall be entitled to per 1149 diem and travel expenses pursuant to s. 112.061 for the 1150 performance of duties for the council. The executive 1151 administrator of the commission may remove a council member for 1152 cause. 1153 (3)Within 30 days after its initial meeting, the council 1154 shall elect from among its members a chair and a vice chair. 1155 (4)The council shall meet at the call of its chair, at the 1156 request of a majority of its membership, at the request of the 1157 commission or its executive administrator, or at such times as 1158 may be prescribed by rule, but not less than once a year, to 1159 offer its views on issues related to small, rural, or urban and 1160 minority business development of concern to this state. A 1161 majority of the members of the council shall constitute a 1162 quorum. 1163 (5)The powers and duties of the council include, but are 1164 not limited to the following: researching and reviewing the role 1165 of small, rural, or urban and minority businesses in the states 1166 economy; reviewing issues and emerging topics relating to small, 1167 rural, or urban and minority business economic development; 1168 studying the ability of financial markets and institutions to 1169 meet small business credit needs and determining the impact of 1170 government demands on credit for small, rural, or urban 1171 businesses; assessing the implementation of s. 187.201(21), 1172 requiring a state economic development comprehensive plan, as it 1173 relates to small and certified rural or urban business 1174 enterprises as defined in s. 288.703 minority businesses; 1175 assessing the reasonableness and effectiveness of efforts by any 1176 state agency or by all state agencies collectively to assist 1177 rural or urban minority business enterprises; and advising the 1178 Governor, the secretary, and the Legislature on matters relating 1179 to small, rural, or urban and minority business development 1180 which are of importance to the international strategic planning 1181 and activities of this state. 1182 (6)On or before January 1 of each year, the council shall 1183 present an annual report to the secretary that sets forth in 1184 appropriate detail the business transacted by the council during 1185 the year and any recommendations to the secretary, including 1186 those to improve business opportunities for small, rural, or 1187 urban and minority business enterprises. 1188 Section 34.Paragraph (b) of subsection (4) of section 1189 288.001, Florida Statutes, is amended, and paragraph (b) of 1190 subsection (3) is reenacted, to read: 1191 288.001The Florida Small Business Development Center 1192 Network. 1193 (3)OPERATION; POLICIES AND PROGRAMS. 1194 (b)The networks statewide director shall consult with the 1195 Board of Governors, the department, and the networks statewide 1196 advisory board to ensure that the networks policies and 1197 programs align with the statewide goals of the State University 1198 System and the statewide strategic economic development plan as 1199 provided under s. 20.60. 1200 (4)STATEWIDE ADVISORY BOARD. 1201 (b)The statewide advisory board shall be composed consist 1202 of 19 members from across the state. At least 12 members must be 1203 representatives of the private sector who are knowledgeable of 1204 the needs and challenges of small businesses. The members must 1205 represent various segments and industries of the economy in this 1206 state and must bring knowledge and skills to the statewide 1207 advisory board which would enhance the boards collective 1208 knowledge of small business assistance needs and challenges. 1209 Minority and gender Representation for this states rural or 1210 urban areas must be considered when making appointments to the 1211 board. The board must include the following members: 1212 1.Three members appointed from the private sector by the 1213 President of the Senate. 1214 2.Three members appointed from the private sector by the 1215 Speaker of the House of Representatives. 1216 3.Three members appointed from the private sector by the 1217 Governor. 1218 4.Three members appointed from the private sector by the 1219 networks statewide director. 1220 5.One member appointed by the host institution. 1221 6.The Secretary of Commerce, or his or her designee. 1222 7.The Chief Financial Officer, or his or her designee. 1223 8.The President of the Florida Chamber of Commerce, or his 1224 or her designee. 1225 9.The Small Business Development Center Project Officer 1226 from the U.S. Small Business Administration at the South Florida 1227 District Office, or his or her designee. 1228 10.The executive director of the National Federation of 1229 Independent Businesses, Florida, or his or her designee. 1230 11.The executive director of the Florida United Business 1231 Association, or his or her designee. 1232 Section 35.Subsection (8) of section 288.0065, Florida 1233 Statutes, is amended to read: 1234 288.0065Annual incentives report.By December 30 of each 1235 year, the department shall provide the Governor, the President 1236 of the Senate, and the Speaker of the House of Representatives a 1237 detailed incentives report quantifying the economic benefits for 1238 all of the economic development incentive programs administered 1239 by the department and its public-private partnerships. The 1240 annual incentives report must include: 1241 (8)A description of the trends relating to business 1242 interest in, and usage of, the various incentives, and the 1243 number of minority-owned or woman-owned small businesses and 1244 businesses in rural or urban areas receiving incentives. 1245 Section 36.Section 288.1167, Florida Statutes, is amended 1246 to read: 1247 288.1167Sports franchise contract provisions for food and 1248 beverage concession and contract awards to minority business 1249 enterprises in rural or urban areas.Any applicant who receives 1250 funding pursuant to the provisions of s. 212.20 must demonstrate 1251 that: 1252 (1)Funds and facilities with respect to food and beverage 1253 and related concessions shall be awarded to certified rural or 1254 urban small minority business enterprises as defined in s. 1255 288.703 on the same terms and conditions as the general food and 1256 beverage concessionaire and in accordance with the rural or 1257 urban minority business enterprise procurement goals set forth 1258 in s. 287.09451; 1259 (2)At least 15 percent of a company contracted to manage a 1260 professional sports franchise facility or a spring training 1261 franchise facility is owned by certified rural or urban minority 1262 business enterprises or by a minority person as that term is 1263 those terms are defined in s. 288.703; or 1264 (3)At least 15 percent of all operational service 1265 contracts with a professional sports franchise facility or a 1266 spring training franchise facility are awarded to certified 1267 rural or urban minority business enterprises as that term is 1268 defined in s. 288.703 or to a minority person located in a rural 1269 or urban area as those terms are defined in s. 288.703. 1270 Section 37.Paragraph (b) of subsection (2) of section 1271 288.1229, Florida Statutes, is amended to read: 1272 288.1229Promotion and development of sports-related 1273 industries and amateur athletics; direct-support organization 1274 established; powers and duties. 1275 (2)The Florida Sports Foundation must: 1276 (b)Be governed by a board of directors, which must be 1277 composed consist of up to 15 members appointed by the Governor. 1278 In making appointments, the Governor shall must consider a 1279 potential members background in community service and sports 1280 activism in, and financial support of, the sports industry, 1281 professional sports, or organized amateur athletics. Members 1282 must be residents of the state and highly knowledgeable about or 1283 active in professional or organized amateur sports. 1284 1.The board must contain representatives of all 1285 geographical regions of the state and must represent ethnic and 1286 gender diversity. 1287 2.The terms of office of the members shall be 4 years. No 1288 member may serve more than two consecutive terms. The Governor 1289 may remove any member for cause and shall fill all vacancies 1290 that occur. 1291 Section 38.Subsection (2) of section 288.7015, Florida 1292 Statutes, is amended to read: 1293 288.7015Appointment of rules ombudsman; duties.The 1294 Governor shall appoint a rules ombudsman, as defined in s. 1295 288.703, in the Executive Office of the Governor, for 1296 considering the impact of agency rules on the states citizens 1297 and businesses. The duties of the rules ombudsman are to: 1298 (2)Review state agency rules that adversely or 1299 disproportionately impact businesses, particularly those 1300 relating to small and certified rural or urban business 1301 enterprise as that term is defined in s. 288.703 minority 1302 businesses. 1303 Section 39.Section 288.702, Florida Statutes, is amended 1304 to read: 1305 288.702Short title.This section and ss. 288.703-288.705 1306 ss. 288.703-288.706 may be cited as the Florida Small and 1307 Minority Business Assistance Act. 1308 Section 40.Section 288.703, Florida Statutes, is amended 1309 to read: 1310 288.703Definitions.As used in ss. 288.702-288.705 ss. 1311 288.702-288.706, the term: 1312 (1)Certified rural or urban business enterprise means a 1313 business located in a defined geographic area within this state 1314 where one of the following conditions has been documented in the 1315 most recent census conducted by the Bureau of the Census of the 1316 United States Department of Commerce: 1317 a.Per capita income in the area is less than 80 percent of 1318 this states per capita income. 1319 b.The unemployment rate in the area has been greater than 1320 the unemployment rate for this state by more than 1 percent over 1321 the previous 24 months from the time the comparison is made. 1322 Certified minority business enterprise means a business 1323 which has been certified by the certifying organization or 1324 jurisdiction in accordance with s. 287.0943(1) and (2). 1325 (2)Financial institution means any bank, trust company, 1326 insurance company, savings and loan association, credit union, 1327 federal lending agency, or foundation. 1328 (3)Minority business enterprise means any small business 1329 concern as defined in subsection (6) which is organized to 1330 engage in commercial transactions, which is domiciled in 1331 Florida, and which is at least 51-percent-owned by minority 1332 persons who are members of an insular group that is of a 1333 particular racial, ethnic, or gender makeup or national origin, 1334 which has been subjected historically to disparate treatment due 1335 to identification in and with that group resulting in an 1336 underrepresentation of commercial enterprises under the groups 1337 control, and whose management and daily operations are 1338 controlled by such persons. A minority business enterprise may 1339 primarily involve the practice of a profession. Ownership by a 1340 minority person does not include ownership which is the result 1341 of a transfer from a nonminority person to a minority person 1342 within a related immediate family group if the combined total 1343 net asset value of all members of such family group exceeds $1 1344 million. For purposes of this subsection, the term related 1345 immediate family group means one or more children under 16 1346 years of age and a parent of such children or the spouse of such 1347 parent residing in the same house or living unit. 1348 (3)(4)Minority person means a lawful, permanent resident 1349 of Florida who is: 1350 (a)An African American, a person having origins in any of 1351 the black racial groups of the African Diaspora, regardless of 1352 cultural origin. 1353 (b)A Hispanic American, a person of Spanish or Portuguese 1354 culture with origins in Spain, Portugal, Mexico, South America, 1355 Central America, or the Caribbean, regardless of race. 1356 (c)An Asian American, a person having origins in any of 1357 the original peoples of the Far East, Southeast Asia, the Indian 1358 Subcontinent, or the Pacific Islands, including the Hawaiian 1359 Islands before 1778. 1360 (d)A Native American, a person who has origins in any of 1361 the Indian Tribes of North America before 1835, upon 1362 presentation of proper documentation thereof as established by 1363 rule of the Department of Management Services. 1364 (e)An American woman. 1365 (4)(5)Ombudsman means an office or individual whose 1366 responsibilities include coordinating with the Office of 1367 Supplier Development Diversity for the interests of and 1368 providing assistance to rural or urban small and minority 1369 business enterprises in dealing with governmental agencies and 1370 in developing proposals for changes in state agency rules. 1371 (5)(6)Small business means an independently owned and 1372 operated business concern that employs 200 or fewer permanent 1373 full-time employees and that, together with its affiliates, has 1374 a net worth of not more than $5 million or any firm based in 1375 this state which has a Small Business Administration 8(a) 1376 certification. As applicable to sole proprietorships, the $5 1377 million net worth requirement includes shall include both 1378 personal and business investments. 1379 Section 41.Section 288.705, Florida Statutes, is amended 1380 to read: 1381 288.705Statewide contracts register.All state agencies 1382 shall in a timely manner provide the Florida Small Business 1383 Development Center Procurement System with all formal 1384 solicitations for contractual services, supplies, and 1385 commodities. The Small Business Development Center shall 1386 coordinate with Minority Business Development Centers to compile 1387 and distribute this information to small and rural or urban 1388 minority businesses requesting such service for the period of 1389 time necessary to familiarize the business with the market 1390 represented by state agencies. On or before February 1 of each 1391 year, the Small Business Development Center shall report to the 1392 department on the use of the statewide contracts register. The 1393 report must shall include, but not be limited to, information 1394 relating to: 1395 (1)The total number of solicitations received from state 1396 agencies during the calendar year. 1397 (2)The number of solicitations received from each state 1398 agency during the calendar year. 1399 (3)The method of distributing solicitation information to 1400 businesses requesting such service. 1401 (4)The total number of businesses using the service. 1402 (5)The percentage of businesses using the service which 1403 are owned and controlled by minorities. 1404 (5)(6)The percentage of service-disabled veteran business 1405 enterprises using the service. 1406 Section 42.Subsection (1) of section 288.776, Florida 1407 Statutes, is amended to read: 1408 288.776Board of directors; powers and duties. 1409 (1)(a)The corporation shall have a board of directors 1410 consisting of 15 members representing all geographic areas of 1411 this the state. Minority and gender representation must be 1412 considered when making appointments to the board. The board 1413 membership must include: 1414 1.A representative of the following businesses, all of 1415 which must be registered to do business in this state: a foreign 1416 bank, a state bank, a federal bank, an insurance company 1417 involved in covering trade financing risks, and a small or 1418 medium-sized exporter. 1419 2.The following persons or their designee: the Secretary 1420 of Commerce, the Chief Financial Officer, the Secretary of 1421 State, and a senior official of the United States Department of 1422 Commerce. 1423 (b)Appointees who are not state or Federal Government 1424 officials shall serve for a term of 3 years and shall be 1425 eligible for reappointment. Nonstate and nonfederal official 1426 vacancies on the board shall be filled by the board within 30 1427 days after the effective date of the vacancy. 1428 Section 43.Section 288.9628, Florida Statutes, is created 1429 to read: 1430 288.9628Research, Innovation, Science, and Engineering 1431 (RISE) Investment Tax Credit Program. 1432 (1)LEGISLATIVE FINDINGS.The Legislature finds that 1433 strengthening the states early-stage business ecosystem and 1434 supporting cutting-edge innovation are essential for fostering 1435 innovation and economic growth. The early-stage business 1436 ecosystem, fueled by the states colleges, universities, and 1437 private industry growth, represents significant opportunity for 1438 the state to retain entrepreneurial talent and provides an 1439 overall benefit for jobseekers, job creators, families, 1440 communities, and the states economy. 1441 (2)RISE PROGRAM CREATED.There is established within the 1442 department the Research, Innovation, Science, and Engineering 1443 (RISE) Investment Tax Credit Program. The purpose of the program 1444 is to increase venture capital investment in this state. The 1445 department shall coordinate with the Florida Opportunity Fund 1446 and the State Board of Administration in reviewing and approving 1447 applications for tax credits under this section. 1448 (3)DEFINITIONS.As used in this section, the term: 1449 (a)Accredited investor has the same meaning as in s. 1450 517.021. 1451 (b)Advisory affiliate has the same meaning as in s. 1452 517.12(22). 1453 (c)Affiliate has the same meaning as in s. 517.021. 1454 (d)Applicant means an advisory affiliate, an exempt 1455 reporting adviser, or an investment adviser who submits or 1456 updates an application on behalf of a qualifying private fund. 1457 (e)Associated person has the same meaning as in s. 1458 517.021. 1459 (f)Company means any business in this state, or a 1460 business with more than 50 percent of its workforce in this 1461 state, with 500 or fewer employees, and which is engaged in a 1462 project. 1463 (g)Department means the Department of Commerce. 1464 (h)Exempt reporting adviser has the same meaning as in 1465 s. 517.12(22). 1466 (i)Investment adviser has the same meaning as in s. 1467 517.021. 1468 (j)Investor means any person or entity that has made a 1469 capital contribution to a qualifying private fund. 1470 (k)Private fund adviser has the same meaning as in s. 1471 517.12(22). 1472 (l)Project means research and development that leads to 1473 or is anticipated to lead to the creation of new or useful 1474 improvement of technologies, agricultural technologies, devices, 1475 processes, machines, manufacturing, or composition of matter. A 1476 project may result from the innovative activities of a company 1477 or research at a university or college in this state. 1478 (m)Qualifying investment has the same meaning as in 17 1479 C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section, 1480 includes investment in one or more companies or projects. 1481 (n)Qualifying portfolio company has the same meaning as 1482 in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this 1483 section, includes a company as defined in this subsection. 1484 (o)Qualifying private fund has the same meaning as in s. 1485 517.12(22) and includes an angel investor group as defined in s. 1486 517.021. 1487 (p)Total capital commitment means the total amount of 1488 cash funding the qualifying private fund intends to raise to 1489 make one or more qualifying investments in one or more 1490 qualifying portfolio companies. 1491 (4)APPLICATION. 1492 (a)An applicant must apply to the department for 1493 authorization to claim RISE tax credits under this section. The 1494 department must review and approve or deny a complete 1495 application within 60 calendar days after the complete 1496 application has been submitted. 1497 (b)An applicant must demonstrate to the departments 1498 satisfaction within 12 months after the complete application has 1499 been submitted that the qualifying private fund has received at 1500 least the total capital commitment contained in its application. 1501 (c)The application must include, at a minimum: 1502 1.The names of any accredited investors, advisory 1503 affiliates, affiliates, associated persons, exempt reporting 1504 advisers, investment advisers, or private fund advisers 1505 associated with the qualifying private fund, if there are any at 1506 the time of application. 1507 2.The names of any investors in the qualifying private 1508 fund, if there are any at the time of application. 1509 3.The estimated total number of qualifying investments in 1510 qualifying portfolio companies. 1511 4.The total capital commitment of the qualifying private 1512 fund. 1513 (d)If, at any time after an applicant has submitted a 1514 complete application, there has been a material change that 1515 affects the accuracy or completeness of the information 1516 contained in the application, the applicant must update its 1517 application. 1518 (5)TAX CREDITS; GENERALLY. 1519 (a)The amount of tax credits available pursuant to this 1520 section in a fiscal year may not exceed $100 million. 1521 (b)The department may not issue a tax credit to a 1522 qualifying private fund until the qualifying private fund 1523 demonstrates that it has received its total capital commitment. 1524 (c)The department may not authorize more than $10 million 1525 in tax credits to a qualifying private fund in a fiscal year. 1526 (6)TAX CREDITS; SUBMISSION AND AUTHORIZATION. 1527 (a)To receive tax credits, a qualifying private fund must 1528 provide documentation that demonstrates to the departments 1529 reasonable satisfaction that the qualifying investment meets the 1530 requirements of this section. For purposes of this section, 1531 follow-on or add-on commitments may only be considered by the 1532 department after the follow-on or add-on investment has been 1533 deployed. 1534 (b)A qualifying private fund must make at least one 1535 qualified investment in at least one qualifying portfolio 1536 project to be eligible to receive tax credits under this 1537 section. 1538 (c)Each submission by a qualifying private fund to receive 1539 tax credits for a qualifying investment in a qualifying 1540 portfolio company must include, at a minimum, all of the 1541 following:: 1542 1.The amount of cash deployed by the qualifying private 1543 fund to a qualifying investment in a qualifying portfolio 1544 company. 1545 2.The total number of employees employed by the qualifying 1546 portfolio company. 1547 3.The total number of Florida-based, full-time equivalent 1548 employees employed by the qualifying portfolio company. 1549 (7)TAX CREDITS; RECEIPT; REVOCATION. 1550 (a)A qualifying private fund may receive tax credits 1551 equivalent to 25 percent of a qualifying investment in a 1552 qualifying portfolio company. 1553 (b)Upon a determination by the department that the 1554 qualifying investment meets the requirements of this section, 1555 the department shall authorize the Department of Revenue to 1556 issue tax credits to the qualifying private fund. 1557 (c)The Department of Revenue may not issue more than one 1558 fifth of the tax credits authorized for a qualifying investment 1559 in a qualifying portfolio company in a fiscal year. 1560 (d)Credits received pursuant to this section may be 1561 applied against the qualifying private funds corporate income 1562 tax liability. A qualifying private fund may elect to sell or 1563 transfer, in whole or in part, any tax credit issued under this 1564 section. An election to sell or transfer any tax credit received 1565 pursuant to this section must be made no later than 5 years 1566 after the date the credit is received by the qualifying private 1567 fund, after which the credit expires and may not be used. A 1568 qualifying private fund may not sell or transfer credits that 1569 have been authorized by the department but not yet issued by the 1570 Department of Revenue. 1571 (e)The department may revoke or modify any written 1572 decision qualifying, certifying, or otherwise granting 1573 eligibility for tax credits under this section if it is 1574 discovered that the qualifying private fund submitted any false 1575 statement, representation, or certification in any application 1576 filed in an attempt to receive tax credits under this section, 1577 or if the information in a previously completed application 1578 materially changes. The department must immediately notify the 1579 Department of Revenue of any revoked or modified orders 1580 affecting previously granted tax credits. Additionally, the 1581 qualifying private fund must notify the Department of Revenue of 1582 any change in its tax credit claimed. 1583 (8)COMPLIANCE. 1584 (a)A qualifying private fund must annually report to the 1585 department for each qualifying investment for 5 years after 1586 authorization to receive credits. Failure to do so will result 1587 in the qualifying private funds tax credit being revoked. 1588 (b)In order to receive a tax credit, a qualifying fund 1589 must submit to the department all of the following: 1590 1.A certification that there have been no material changes 1591 to the information contained in the application or, if material 1592 changes have occurred since the submission of the application, a 1593 disclosure containing all material changes. 1594 2.Documentation supporting the total number of full-time 1595 equivalent employees employed by the qualifying portfolio 1596 company. 1597 3.Documentation supporting the total number of full-time 1598 equivalent employees employed in this state by the qualifying 1599 portfolio company. 1600 4.Documentation supporting that the qualifying private 1601 fund has not exited its position from the qualifying portfolio 1602 company through acquisition by a company not based in this 1603 state. 1604 (9)SANCTIONS. 1605 (a)If a qualifying investment fails to meet the 1606 requirements of paragraph (8)(a) or paragraph (8)(b), the 1607 department must revoke its approval of tax credits for the 1608 qualifying investment. The department shall issue a notice of 1609 revocation and recapture to the qualifying private fund and the 1610 Department of Revenue. The qualifying private fund must repay to 1611 the department an amount equal to 50 percent of the tax credits 1612 authorized by the department and claimed by a qualifying 1613 portfolio company for the qualifying investment. Recaptured 1614 funds must be deposited into the General Revenue Fund. 1615 (b)If the department determines that the qualifying 1616 private fund submitted any false statement, representation, or 1617 certification in any application as provided in paragraph 1618 (7)(e), the department must revoke its approval of tax credits 1619 for the qualifying investment. The department shall issue a 1620 notice of revocation and recapture to the qualifying private 1621 fund and the Department of Revenue. The qualifying private fund 1622 must repay to the department an amount equal to 100 percent of 1623 the tax credits authorized by the department and claimed by a 1624 qualifying portfolio company for the qualifying investment. 1625 Recaptured funds must be deposited into the General Revenue 1626 Fund. 1627 (10)CONSTRUCTION.For purposes of this section and part 1628 III of chapter 692, committed capital invested in a qualifying 1629 portfolio company by a venture capital fund may not be construed 1630 as having ownership of the qualifying portfolio company. 1631 (11)REPORTING.Beginning December 30, 2026, the department 1632 shall include the amounts of tax credits authorized and 1633 received, the total number of jobs created, and the total number 1634 of jobs created in this state in its annual incentives report 1635 required under s. 288.0065. 1636 (12)PRIORITY OF TAX CREDITS.Fifty percent of the tax 1637 credits provided in this section must be made available from 1638 July 1 to December 31 of each year to provide tax credits for 1639 qualifying investments in qualifying portfolio companies located 1640 in a rural community as defined in s. 288.0656. All remaining 1641 tax credits must be made available from January 1 to June 30 of 1642 each year on a first-come, first-served basis, subject to the 1643 eligibility of the qualifying investment. 1644 (13)RULEMAKING.The department is authorized to adopt 1645 rules to implement this section. 1646 Section 44.Subsection (10) of section 290.0056, Florida 1647 Statutes, is amended to read: 1648 290.0056Enterprise zone development agency. 1649 (10)Contingent upon approval by the governing body, the 1650 agency may invest in community investment corporations which 1651 conduct, or agree to conduct, loan guarantee programs assisting 1652 rural or urban minority business enterprises located in the 1653 enterprise zone. In making such investments, the agency shall 1654 first attempt to invest in existing community investment 1655 corporations providing services in the enterprise zone. Such 1656 investments shall be made under conditions required by law and 1657 as the agency may require, including, but not limited to: 1658 (a)The funds invested by the agency shall be used to 1659 provide loan guarantees to individuals for rural or urban 1660 minority business enterprises located in the enterprise zone. 1661 (b)The community investment corporation may not approve 1662 any application for a loan guarantee unless the person applying 1663 for the loan guarantee shows that he or she has applied for the 1664 loan or loan guarantee through normal banking channels and that 1665 the loan or loan guarantee has been refused by at least one bank 1666 or other financial institution. 1667 Section 45.Paragraph (f) of subsection (1) of section 1668 290.0057, Florida Statutes, is amended to read: 1669 290.0057Enterprise zone development plan. 1670 (1)Any application for designation as a new enterprise 1671 zone must be accompanied by a strategic plan adopted by the 1672 governing body of the municipality or county, or the governing 1673 bodies of the county and one or more municipalities together. At 1674 a minimum, the plan must: 1675 (f)Identify the amount of local and private resources that 1676 will be available in the nominated area and the private/public 1677 partnerships to be used, which may include participation by, and 1678 cooperation with, universities, community colleges, small 1679 business development centers, black business investment 1680 corporations in rural or urban areas as defined in s. 288.703, 1681 certified development corporations, and other private and public 1682 entities. 1683 Section 46.Subsection (4) of section 331.302, Florida 1684 Statutes, is amended to read: 1685 331.302Space Florida; creation; purpose. 1686 (4)Space Florida is not an agency as defined in ss. 1687 216.011, and 287.012, and 287.055. Space Florida is exempt from 1688 the bidding requirements in s. 255.20 when Space Florida engages 1689 in professional or construction services, or both, under an 1690 arrangement with a person in which: 1691 (a)The person offering personal or construction goods or 1692 services is not subject to the requirements of s. 287.055; 1693 (b)Space Florida and the person execute a contract with 1694 terms acceptable to Space Florida; and 1695 (c)The person provides to Space Florida by contract an 1696 unqualified representation and warranty that the payments by the 1697 person to Space Florida in return for the possession and use of 1698 the project by the person will not be derived, directly or 1699 indirectly, from state or local government funds. 1700 1701 For purposes of this subsection, monies received by the person 1702 contracted to provide goods produced and services provided from 1703 government entities in the ordinary course of its operation of 1704 the project are not state or local government funds. 1705 Section 47.Section 331.351, Florida Statutes, is amended 1706 to read: 1707 331.351Participation by rural or urban women, minorities, 1708 and socially and economically disadvantaged business enterprises 1709 encouraged.It is the intent of the Legislature and the public 1710 policy of this state that rural or urban women, minorities, and 1711 socially and economically disadvantaged business enterprises be 1712 encouraged to participate fully in all phases of economic and 1713 community development. Accordingly, to achieve such purpose, 1714 Space Florida shall, in accordance with applicable state and 1715 federal law, involve and utilize rural or urban women, 1716 minorities, and socially and economically disadvantaged business 1717 enterprises in all phases of the design, development, 1718 construction, maintenance, and operation of spaceports developed 1719 under this act. 1720 Section 48.Paragraph (b) of subsection (4) and subsection 1721 (9) of section 445.08, Florida Statutes, are amended to read: 1722 445.08Florida Law Enforcement Recruitment Bonus Payment 1723 Program. 1724 (4)The department shall develop an annual plan for the 1725 administration of the program and distribution of bonus 1726 payments. Applicable employing agencies shall assist the 1727 department with the collection of any data necessary to 1728 determine bonus payment amounts and to distribute the bonus 1729 payments, and shall otherwise provide the department with any 1730 information or assistance needed to fulfill the requirements of 1731 this section. At a minimum, the plan must include: 1732 (b)The minimum eligibility requirements a newly employed 1733 officer must meet to receive and retain a bonus payment, which 1734 must include: 1735 1.Obtaining certification for employment or appointment as 1736 a law enforcement officer pursuant to s. 943.1395. 1737 2.Gaining full-time employment with a Florida criminal 1738 justice agency. 1739 3.Maintaining continuous full-time employment with a 1740 Florida criminal justice agency for at least 2 years from the 1741 date on which the officer obtained certification. The required 1742 2-year employment period may be satisfied by maintaining 1743 employment at one or more employing agencies, but such period 1744 must not contain any break in service longer than 180 15 1745 calendar days. A law enforcement officer must provide 1746 documentation to the department justifying the break in service. 1747 The department shall establish the acceptable circumstances for 1748 any such break in service. Any break in service will not count 1749 toward satisfying the 2-year full-time employment requirement of 1750 this section. 1751 1752 The department may establish other criteria deemed necessary to 1753 determine bonus payment eligibility and distribution. 1754 (9)This section expires July 1, 2025. 1755 Section 49.Paragraph (a) of subsection (4) of section 1756 447.203, Florida Statutes, is amended to read: 1757 447.203Definitions.As used in this part: 1758 (4)Managerial employees are those employees who: 1759 (a)Perform jobs that are not of a routine, clerical, or 1760 ministerial nature and require the exercise of independent 1761 judgment in the performance of such jobs and to whom one or more 1762 of the following applies: 1763 1.They formulate or assist in formulating policies which 1764 are applicable to bargaining unit employees. 1765 2.They may reasonably be required on behalf of the 1766 employer to assist in the preparation for the conduct of 1767 collective bargaining negotiations. 1768 3.They have a role in the administration of agreements 1769 resulting from collective bargaining negotiations. 1770 4.They have a significant role in personnel 1771 administration. 1772 5.They have a significant role in employee relations. 1773 6.They are included in the definition of administrative 1774 personnel contained in s. 1012.01(3). 1775 7.They have a significant role in the preparation or 1776 administration of budgets for any public agency or institution 1777 or subdivision thereof. 1778 8.They have a significant and specific role executing 1779 statewide business and economic development projects in support 1780 of business recruitment, retention, and expansion. 1781 1782 However, in determining whether an individual is a managerial 1783 employee pursuant to paragraph (a) or paragraph (b), above, the 1784 commission may consider historic relationships of the employee 1785 to the public employer and to co-employees coemployees. 1786 Section 50.Local governments may enter into agreements to 1787 create regional planning entities pursuant to chapter 163, 1788 Florida Statutes. 1789 Section 51.Subsection (2) of section 17.11, Florida 1790 Statutes, is amended to read: 1791 17.11To report disbursements made. 1792 (2)The Chief Financial Officer shall also cause to have 1793 reported from the Florida Accounting Information Resource 1794 Subsystem no less than quarterly the disbursements which 1795 agencies made to small businesses, as defined in the Florida 1796 Small and Minority Business Assistance Act,; and to certified 1797 rural or urban minority business enterprises in the aggregate; 1798 and to certified minority business enterprises broken down into 1799 categories of minority persons, as well as gender and 1800 nationality subgroups. This information must shall be made 1801 available to the agencies, the Office of Supplier Development 1802 Diversity, the Governor, the President of the Senate, and the 1803 Speaker of the House of Representatives. Each agency shall be 1804 responsible for the accuracy of information entered into the 1805 Florida Accounting Information Resource Subsystem for use in 1806 this reporting. 1807 Section 52.Paragraph (f) of subsection (1) of section 1808 68.082, Florida Statutes, is amended to read: 1809 68.082False claims against the state; definitions; 1810 liability. 1811 (1)As used in this section, the term: 1812 (f)State means the government of the state or any 1813 department, division, bureau, commission, regional planning 1814 agency, board, district, authority, agency, or other 1815 instrumentality of the state. 1816 Section 53.Paragraph (a) of subsection (1) of section 1817 120.52, Florida Statutes, is amended to read: 1818 120.52Definitions.As used in this act: 1819 (1)Agency means the following officers or governmental 1820 entities if acting pursuant to powers other than those derived 1821 from the constitution: 1822 (a)The Governor; each state officer and state department, 1823 and each departmental unit described in s. 20.04; the Board of 1824 Governors of the State University System; the Commission on 1825 Ethics; the Fish and Wildlife Conservation Commission; a 1826 regional water supply authority; a regional planning agency; a 1827 multicounty special district, but only if a majority of its 1828 governing board is comprised of nonelected persons; educational 1829 units; and each entity described in chapters 163, 373, 380, and 1830 582 and s. 186.504. 1831 1832 This definition does not include a municipality or legal entity 1833 created solely by a municipality; a legal entity or agency 1834 created in whole or in part pursuant to part II of chapter 361; 1835 a metropolitan planning organization created pursuant to s. 1836 339.175; a separate legal or administrative entity created 1837 pursuant to s. 339.175 of which a metropolitan planning 1838 organization is a member; an expressway authority pursuant to 1839 chapter 348 or any transportation authority or commission under 1840 chapter 343 or chapter 349; or a legal or administrative entity 1841 created by an interlocal agreement pursuant to s. 163.01(7), 1842 unless any party to such agreement is otherwise an agency as 1843 defined in this subsection. 1844 Section 54.Subsection (4) of section 120.525, Florida 1845 Statutes, is amended to read: 1846 120.525Meetings, hearings, and workshops. 1847 (4)For purposes of establishing a quorum at meetings of 1848 regional planning councils that cover three or more counties, a 1849 voting member who appears via telephone, real-time 1850 videoconferencing, or similar real-time electronic or video 1851 communication that is broadcast publicly at the meeting location 1852 may be counted toward the quorum requirement if at least one 1853 third of the voting members of the regional planning council are 1854 physically present at the meeting location. A member must 1855 provide oral, written, or electronic notice of his or her intent 1856 to appear via telephone, real-time videoconferencing, or similar 1857 real-time electronic or video communication to the regional 1858 planning council at least 24 hours before the scheduled meeting. 1859 Section 55.Subsection (9) of section 120.65, Florida 1860 Statutes, is amended to read: 1861 120.65Administrative law judges. 1862 (9)The division shall be reimbursed for administrative law 1863 judge services and travel expenses by the following entities: 1864 water management districts, regional planning councils, school 1865 districts, community colleges, the Division of Florida Colleges, 1866 state universities, the Board of Governors of the State 1867 University System, the State Board of Education, the Florida 1868 School for the Deaf and the Blind, and the Commission for 1869 Independent Education. These entities shall contract with the 1870 division to establish a contract rate for services and 1871 provisions for reimbursement of administrative law judge travel 1872 expenses and video teleconferencing expenses attributable to 1873 hearings conducted on behalf of these entities. The contract 1874 rate must be based on a total-cost-recovery methodology. 1875 Section 56.Subsections (43) and (47) of section 163.3164, 1876 Florida Statutes, are amended to read: 1877 163.3164Community Planning Act; definitions.As used in 1878 this act: 1879 (43)Regional planning agency means the council created 1880 pursuant to chapter 186. 1881 (46)(47)Structure has the same meaning as in s. 380.031 1882 s. 380.031(19). 1883 Section 57.Paragraph (h) of subsection (6) of section 1884 163.3177, Florida Statutes, is amended to read: 1885 163.3177Required and optional elements of comprehensive 1886 plan; studies and surveys. 1887 (6)In addition to the requirements of subsections (1)-(5), 1888 the comprehensive plan must shall include the following 1889 elements: 1890 (h)1.An intergovernmental coordination element showing 1891 relationships and stating principles and guidelines to be used 1892 in coordinating the adopted comprehensive plan with the plans of 1893 school boards, regional water supply authorities, and other 1894 units of local government providing services but not having 1895 regulatory authority over the use of land, with the 1896 comprehensive plans of adjacent municipalities, the county, 1897 adjacent counties, or the region, with the state comprehensive 1898 plan and with the applicable regional water supply plan approved 1899 pursuant to s. 373.709, as the case may require and as such 1900 adopted plans or plans in preparation may exist. This element of 1901 the local comprehensive plan must demonstrate consideration of 1902 the particular effects of the local plan, when adopted, upon the 1903 development of adjacent municipalities, the county, adjacent 1904 counties, or the region, or upon the state comprehensive plan, 1905 as the case may require. 1906 a.The intergovernmental coordination element must provide 1907 procedures for identifying and implementing joint planning 1908 areas, especially for the purpose of annexation, municipal 1909 incorporation, and joint infrastructure service areas. 1910 b.The intergovernmental coordination element must shall 1911 provide for a dispute resolution process, as established 1912 pursuant to s. 186.509, for bringing intergovernmental disputes 1913 to closure in a timely manner. 1914 c.The intergovernmental coordination element must shall 1915 provide for interlocal agreements as established pursuant to s. 1916 333.03(1)(b). 1917 2.The intergovernmental coordination element must shall 1918 also state principles and guidelines to be used in coordinating 1919 the adopted comprehensive plan with the plans of school boards 1920 and other units of local government providing facilities and 1921 services but not having regulatory authority over the use of 1922 land. In addition, the intergovernmental coordination element 1923 must describe joint processes for collaborative planning and 1924 decisionmaking on population projections and public school 1925 siting, the location and extension of public facilities subject 1926 to concurrency, and siting facilities with countywide 1927 significance, including locally unwanted land uses whose nature 1928 and identity are established in an agreement. 1929 3.Within 1 year after adopting their intergovernmental 1930 coordination elements, each county, all the municipalities 1931 within that county, the district school board, and any unit of 1932 local government service providers in that county shall 1933 establish by interlocal or other formal agreement executed by 1934 all affected entities, the joint processes described in this 1935 subparagraph consistent with their adopted intergovernmental 1936 coordination elements. The agreement must: 1937 a.Ensure that the local government addresses through 1938 coordination mechanisms the impacts of development proposed in 1939 the local comprehensive plan upon development in adjacent 1940 municipalities, the county, adjacent counties, the region, and 1941 the state. The area of concern for municipalities must shall 1942 include adjacent municipalities, the county, and counties 1943 adjacent to the municipality. The area of concern for counties 1944 must shall include all municipalities within the county, 1945 adjacent counties, and adjacent municipalities. 1946 b.Ensure coordination in establishing level of service 1947 standards for public facilities with any state, regional, or 1948 local entity having operational and maintenance responsibility 1949 for such facilities. 1950 Section 58.Subsection (5) of section 163.3178, Florida 1951 Statutes, is amended to read: 1952 163.3178Coastal management. 1953 (5)A The appropriate dispute resolution process provided 1954 under s. 186.509 must be used to reconcile inconsistencies 1955 between port master plans and local comprehensive plans. In 1956 recognition of the states commitment to deepwater ports, the 1957 state comprehensive plan must include goals, objectives, and 1958 policies that establish a statewide strategy for enhancement of 1959 existing deepwater ports, ensuring that priority is given to 1960 water-dependent land uses. As an incentive for promoting plan 1961 consistency, port facilities as defined in s. 315.02(6) on lands 1962 owned or controlled by a deepwater port as defined in s. 1963 311.09(1), as of the effective date of this act are shall not be 1964 subject to development-of-regional-impact review provided the 1965 port either successfully completes an alternative comprehensive 1966 development agreement with a local government pursuant to ss. 1967 163.3220-163.3243 or successfully enters into a development 1968 agreement with the state land planning agency and applicable 1969 local government pursuant to s. 380.032 or, where the port is a 1970 department of a local government, successfully enters into a 1971 development agreement with the state land planning agency 1972 pursuant to s. 380.032. Port facilities as defined in s. 1973 315.02(6) on lands not owned or controlled by a deepwater port 1974 as defined in s. 311.09(1) as of the effective date of this act 1975 are shall not be subject to development-of-regional-impact 1976 review provided the port successfully enters into a development 1977 agreement with the state land planning agency and applicable 1978 local government pursuant to s. 380.032 or, where the port is a 1979 department of a local government, successfully enters into a 1980 development agreement with the state land planning agency 1981 pursuant to s. 380.032. 1982 Section 59.Paragraph (c) of subsection (1) and paragraph 1983 (b) of subsection (3) of section 163.3184, Florida Statutes, are 1984 amended to read: 1985 163.3184Process for adoption of comprehensive plan or plan 1986 amendment. 1987 (1)DEFINITIONS.As used in this section, the term: 1988 (c)Reviewing agencies means: 1989 1.The state land planning agency; 1990 2.The appropriate regional planning council; 1991 2.3.The appropriate water management district; 1992 3.4.The Department of Environmental Protection; 1993 4.5.The Department of State; 1994 5.6.The Department of Transportation; 1995 6.7.In the case of plan amendments relating to public 1996 schools, the Department of Education; 1997 7.8.In the case of plans or plan amendments that affect a 1998 military installation listed in s. 163.3175, the commanding 1999 officer of the affected military installation; 2000 8.9.In the case of county plans and plan amendments, the 2001 Fish and Wildlife Conservation Commission and the Department of 2002 Agriculture and Consumer Services; and 2003 9.10.In the case of municipal plans and plan amendments, 2004 the county in which the municipality is located. 2005 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 2006 COMPREHENSIVE PLAN AMENDMENTS. 2007 (b)1.The local government, after the initial public 2008 hearing held pursuant to subsection (11), shall transmit within 2009 10 working days the amendment or amendments and appropriate 2010 supporting data and analyses to the reviewing agencies. The 2011 local governing body shall also transmit a copy of the 2012 amendments and supporting data and analyses to any other local 2013 government or governmental agency that has filed a written 2014 request with the governing body. 2015 2.The reviewing agencies and any other local government or 2016 governmental agency specified in subparagraph 1. may provide 2017 comments regarding the amendment or amendments to the local 2018 government. State agencies shall only comment on important state 2019 resources and facilities that will be adversely impacted by the 2020 amendment if adopted. Comments provided by state agencies shall 2021 state with specificity how the plan amendment will adversely 2022 impact an important state resource or facility and shall 2023 identify measures the local government may take to eliminate, 2024 reduce, or mitigate the adverse impacts. Such comments, if not 2025 resolved, may result in a challenge by the state land planning 2026 agency to the plan amendment. Agencies and local governments 2027 must transmit their comments to the affected local government 2028 such that they are received by the local government not later 2029 than 30 days after the date on which the agency or government 2030 received the amendment or amendments. Reviewing agencies shall 2031 also send a copy of their comments to the state land planning 2032 agency. 2033 3.Comments to the local government from a regional 2034 planning council, county, or municipality are shall be limited 2035 as follows: 2036 a.The regional planning council review and comments shall 2037 be limited to adverse effects on regional resources or 2038 facilities identified in the strategic regional policy plan and 2039 extrajurisdictional impacts that would be inconsistent with the 2040 comprehensive plan of any affected local government within the 2041 region. A regional planning council may not review and comment 2042 on a proposed comprehensive plan amendment prepared by such 2043 council unless the plan amendment has been changed by the local 2044 government subsequent to the preparation of the plan amendment 2045 by the regional planning council. 2046 b.County comments must shall be in the context of the 2047 relationship and effect of the proposed plan amendments on the 2048 county plan. 2049 b.c.Municipal comments must shall be in the context of the 2050 relationship and effect of the proposed plan amendments on the 2051 municipal plan. 2052 c.d.Military installation comments must shall be provided 2053 in accordance with s. 163.3175. 2054 4.Comments to the local government from state agencies 2055 must shall be limited to the following subjects as they relate 2056 to important state resources and facilities that will be 2057 adversely impacted by the amendment if adopted: 2058 a.The Department of Environmental Protection shall limit 2059 its comments to the subjects of air and water pollution; 2060 wetlands and other surface waters of the state; federal and 2061 state-owned lands and interest in lands, including state parks, 2062 greenways and trails, and conservation easements; solid waste; 2063 water and wastewater treatment; and the Everglades ecosystem 2064 restoration. 2065 b.The Department of State shall limit its comments to the 2066 subjects of historic and archaeological resources. 2067 c.The Department of Transportation shall limit its 2068 comments to issues within the agencys jurisdiction as it 2069 relates to transportation resources and facilities of state 2070 importance. 2071 d.The Fish and Wildlife Conservation Commission shall 2072 limit its comments to subjects relating to fish and wildlife 2073 habitat and listed species and their habitat. 2074 e.The Department of Agriculture and Consumer Services 2075 shall limit its comments to the subjects of agriculture, 2076 forestry, and aquaculture issues. 2077 f.The Department of Education shall limit its comments to 2078 the subject of public school facilities. 2079 g.The appropriate water management district shall limit 2080 its comments to flood protection and floodplain management, 2081 wetlands and other surface waters, and regional water supply. 2082 h.The state land planning agency shall limit its comments 2083 to important state resources and facilities outside the 2084 jurisdiction of other commenting state agencies and may include 2085 comments on countervailing planning policies and objectives 2086 served by the plan amendment that should be balanced against 2087 potential adverse impacts to important state resources and 2088 facilities. 2089 Section 60.Subsection (2) of section 163.3245, Florida 2090 Statutes, is amended to read: 2091 163.3245Sector plans. 2092 (2)The Upon the request of a local government having 2093 jurisdiction, the applicable regional planning council shall 2094 conduct a scoping meeting with affected local governments and 2095 those agencies identified in s. 163.3184(1)(c) before 2096 preparation of the sector plan. The purpose of this meeting is 2097 to assist the state land planning agency and the local 2098 government in the identification of the relevant planning issues 2099 to be addressed and the data and resources available to assist 2100 in the preparation of the sector plan. If a scoping meeting is 2101 conducted, the regional planning council shall make written 2102 recommendations to the state land planning agency and affected 2103 local governments on the issues requested by the local 2104 government. The scoping meeting must shall be noticed and open 2105 to the public. If the entire planning area proposed for the 2106 sector plan is within the jurisdiction of two or more local 2107 governments, some or all of them may enter into a joint planning 2108 agreement pursuant to s. 163.3171 with respect to the geographic 2109 area to be subject to the sector plan, the planning issues that 2110 will be emphasized, procedures for intergovernmental 2111 coordination to address extrajurisdictional impacts, supporting 2112 application materials including data and analysis, procedures 2113 for public participation, or other issues. 2114 Section 61.Paragraph (i) of subsection (2) of section 2115 163.568, Florida Statutes, is amended to read: 2116 163.568Purposes and powers. 2117 (2)The authority is granted the authority to exercise all 2118 powers necessary, appurtenant, convenient, or incidental to the 2119 carrying out of the aforesaid purposes, including, but not 2120 limited to, the following rights and powers: 2121 (i)To develop transportation plans, and to coordinate its 2122 planning and programs with those of appropriate municipal, 2123 county, and state agencies and other political subdivisions of 2124 the state. All transportation plans are subject to review and 2125 approval by the Department of Transportation and by the regional 2126 planning agency, if any, for consistency with programs or 2127 planning for the area and region. 2128 Section 62.Subsection (2) of section 164.1031, Florida 2129 Statutes, is amended to read: 2130 164.1031Definitions.For purposes of this act: 2131 (2)Regional governmental entities includes regional 2132 planning councils, metropolitan planning organizations, water 2133 supply authorities that include more than one county, local 2134 health councils, water management districts, and other regional 2135 entities that are authorized and created by general or special 2136 law that have duties or responsibilities extending beyond the 2137 jurisdiction of a single county. 2138 Section 63.Subsection (5) of section 186.003, Florida 2139 Statutes, is amended to read: 2140 186.003Definitions; ss. 186.001-186.031, 186.801-186.901. 2141 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 2142 (5)Regional planning agency means the regional planning 2143 council created pursuant to ss. 186.501-186.515 to exercise 2144 responsibilities under ss. 186.001-186.031 and 186.801-186.901 2145 in a particular region of the state. 2146 Section 64.Subsection (7) of section 186.006, Florida 2147 Statutes, is amended to read: 2148 186.006Powers and responsibilities of Executive Office of 2149 the Governor.For the purpose of establishing consistency and 2150 uniformity in the state and regional planning process and in 2151 order to ensure that the intent of ss. 186.001-186.031 and 2152 186.801-186.901 is accomplished, the Executive Office of the 2153 Governor shall: 2154 (7)Act as the state clearinghouse and designate the 2155 regional planning councils as the regional data clearinghouses. 2156 Section 65.Subsections (7) and (8) of section 186.007, 2157 Florida Statutes, are amended to read: 2158 186.007State comprehensive plan; preparation; revision. 2159 (7)In preparing and revising the state comprehensive plan, 2160 the Executive Office of the Governor shall, to the extent 2161 feasible, consider studies, reports, and plans of each 2162 department, agency, and institution of state and local 2163 government, each regional planning agency, and the Federal 2164 Government and shall take into account the existing and 2165 prospective resources, capabilities, and needs of state and 2166 local levels of government. 2167 (8)The revision of the state comprehensive plan is a 2168 continuing process. Each section of the plan must shall be 2169 reviewed and analyzed biennially by the Executive Office of the 2170 Governor in conjunction with the planning officers of other 2171 state agencies significantly affected by the provisions of the 2172 particular section under review. In conducting this review and 2173 analysis, the Executive Office of the Governor shall review and 2174 consider, with the assistance of the state land planning agency, 2175 any relevant reports, data, or analyses and regional planning 2176 councils, the evaluation and appraisal reports prepared pursuant 2177 to s. 186.511. Any necessary revisions of the state 2178 comprehensive plan shall be proposed by the Governor in a 2179 written report and be accompanied by an explanation of the need 2180 for such changes. If the Governor determines that changes are 2181 unnecessary, the written report must explain why changes are 2182 unnecessary. The proposed revisions and accompanying 2183 explanations may be submitted in the report required by s. 2184 186.031. Any proposed revisions to the plan must shall be 2185 submitted to the Legislature as provided in s. 186.008(2) at 2186 least 30 days before prior to the regular legislative session 2187 occurring in each even-numbered year. 2188 Section 66.Subsection (1) of section 186.008, Florida 2189 Statutes, is amended to read: 2190 186.008State comprehensive plan; revision; 2191 implementation. 2192 (1)On or before October 1 of every odd-numbered year, the 2193 Executive Office of the Governor shall prepare, and the Governor 2194 shall recommend to the Administration Commission, any proposed 2195 revisions to the state comprehensive plan deemed necessary. The 2196 Governor shall transmit his or her recommendations and 2197 explanation as required by s. 186.007(8). Copies must shall also 2198 be provided to each state agency, to each regional planning 2199 agency, to any other unit of government that requests a copy, 2200 and to any member of the public who requests a copy. 2201 Section 67.Section 186.803, Florida Statutes, is amended 2202 to read: 2203 186.803Use of geographic information by governmental 2204 entities.When state agencies, water management districts, 2205 regional planning councils, local governments, and other 2206 governmental entities use maps, including geographic information 2207 maps and other graphic information materials, as the source of 2208 data for planning or any other purposes, they must take into 2209 account that the accuracy and reliability of such maps and data 2210 may be limited by various factors, including the scale of the 2211 maps, the timeliness and accuracy of the underlying information, 2212 the availability of more accurate site-specific information, and 2213 the presence or absence of ground truthing or peer review of the 2214 underlying information contained in such maps and other graphic 2215 information. This section does not apply to maps adopted 2216 pursuant to part II of chapter 163. 2217 Section 68.Paragraph (b) of subsection (20) and paragraph 2218 (b) of subsection (21) of section 187.201, Florida Statutes, are 2219 amended to read: 2220 187.201State Comprehensive Plan adopted.The Legislature 2221 hereby adopts as the State Comprehensive Plan the following 2222 specific goals and policies: 2223 (20)GOVERNMENTAL EFFICIENCY. 2224 (b)Policies. 2225 1.Encourage greater cooperation between, among, and within 2226 all levels of Florida government through the use of appropriate 2227 interlocal agreements and mutual participation for mutual 2228 benefit. 2229 2.Allow the creation of independent special taxing 2230 districts which have uniform general law standards and 2231 procedures and do not overburden other governments and their 2232 taxpayers while preventing the proliferation of independent 2233 special taxing districts which do not meet these standards. 2234 3.Encourage the use of municipal services taxing units and 2235 other dependent special districts to provide needed 2236 infrastructure where the fiscal capacity exists to support such 2237 an approach. 2238 4.Eliminate regulatory activities that are not tied to 2239 specific public and natural resource protection needs. 2240 5.Eliminate needless duplication of, and promote 2241 cooperation in, governmental activities between, among, and 2242 within state, regional, county, city, and other governmental 2243 units. 2244 6.Ensure, wherever possible, that the geographic 2245 boundaries of water management districts, regional planning 2246 councils, and substate districts of the executive departments 2247 are shall be coterminous for related state or agency programs 2248 and functions and promote interagency agreements in order to 2249 reduce the number of districts and councils with jurisdiction in 2250 any one county. 2251 7.Encourage and provide for the restructuring of city and 2252 county political jurisdictions with the goals of greater 2253 efficiency and high-quality and more equitable and responsive 2254 public service programs. 2255 8.Replace multiple, small scale, economically inefficient 2256 local public facilities with regional facilities where they are 2257 proven to be more economical, particularly in terms of energy 2258 efficiency, and yet can retain the quality of service expected 2259 by the public. 2260 9.Encourage greater efficiency and economy at all levels 2261 of government through adoption and implementation of effective 2262 records management, information management, and evaluation 2263 procedures. 2264 10.Throughout government, establish citizen management 2265 efficiency groups and internal management groups to make 2266 recommendations for greater operating efficiencies and improved 2267 management practices. 2268 11.Encourage governments to seek outside contracting on a 2269 competitive-bid basis when cost-effective and appropriate. 2270 12.Discourage undue expansion of state government and make 2271 every effort to streamline state government in a cost-effective 2272 manner. 2273 13.Encourage joint venture solutions to mutual problems 2274 between levels of government and private enterprise. 2275 (21)THE ECONOMY. 2276 (b)Policies. 2277 1.Attract new job-producing industries, corporate 2278 headquarters, distribution and service centers, regional 2279 offices, and research and development facilities to provide 2280 quality employment for the residents of Florida. 2281 2.Promote entrepreneurship, small and small and minority 2282 owned business startups, and business startups in rural or urban 2283 areas as described in s. 288.703 by providing technical and 2284 information resources, facilitating capital formation, and 2285 removing regulatory restraints which are unnecessary for the 2286 protection of consumers and society. 2287 3.Maintain, as one of the states primary economic assets, 2288 the environment, including clean air and water, beaches, 2289 forests, historic landmarks, and agricultural and natural 2290 resources. 2291 4.Strengthen Floridas position in the world economy 2292 through attracting foreign investment and promoting 2293 international banking and trade. 2294 5.Build on the states attractiveness to make it a leader 2295 in the visual and performing arts and in all phases of film, 2296 television, and recording production. 2297 6.Promote economic development for Florida residents 2298 through partnerships among education, business, industry, 2299 agriculture, and the arts. 2300 7.Provide increased opportunities for training Floridas 2301 workforce to provide skilled employees for new and expanding 2302 business. 2303 8.Promote economic self-sufficiency through training and 2304 educational programs which result in productive employment. 2305 9.Promote cooperative employment arrangements between 2306 private employers and public sector employment efforts to 2307 provide productive, permanent employment opportunities for 2308 public assistance recipients through provisions of education 2309 opportunities, tax incentives, and employment training. 2310 10.Provide for nondiscriminatory employment opportunities. 2311 11.Provide quality child day care for public assistance 2312 families and others who need it in order to work. 2313 12.Encourage the development of a business climate that 2314 provides opportunities for the growth and expansion of existing 2315 state industries, particularly those industries which are 2316 compatible with Floridas environment. 2317 13.Promote coordination among Floridas ports to increase 2318 their utilization. 2319 14.Encourage the full utilization by businesses of the 2320 economic development enhancement programs implemented by the 2321 Legislature for the purpose of extensively involving private 2322 businesses in the development and expansion of permanent job 2323 opportunities, especially for the economically disadvantaged, 2324 through the utilization of enterprise zones, community 2325 development corporations, and other programs designed to enhance 2326 economic and employment opportunities. 2327 Section 69.Paragraph (g) of subsection (3) of section 2328 212.096, Florida Statutes, is amended to read: 2329 212.096Sales, rental, storage, use tax; enterprise zone 2330 jobs credit against sales tax. 2331 (3)In order to claim this credit, an eligible business 2332 must file under oath with the governing body or enterprise zone 2333 development agency having jurisdiction over the enterprise zone 2334 where the business is located, as applicable, a statement which 2335 includes: 2336 (g)Whether the business is a small business as defined by 2337 s. 288.703 s. 288.703(6). 2338 Section 70.Paragraph (c) of subsection (1) and subsection 2339 (2) of section 218.32, Florida Statutes, are amended to read: 2340 218.32Annual financial reports; local governmental 2341 entities. 2342 (1) 2343 (c)Each regional planning council created under s. 2344 186.504, each local government finance commission, board, or 2345 council, and each municipal power corporation created as a 2346 separate legal or administrative entity by interlocal agreement 2347 under s. 163.01(7) shall submit to the department a copy of its 2348 audit report and an annual financial report for the previous 2349 fiscal year in a format prescribed by the department. 2350 (2)The department shall annually by December 1 file a 2351 verified report with the Governor, the Legislature, the Auditor 2352 General, and the Special District Accountability Program of the 2353 Department of Commerce showing the revenues, both locally 2354 derived and derived from intergovernmental transfers, and the 2355 expenditures of each local governmental entity, regional 2356 planning council, local government finance commission, and 2357 municipal power corporation that is required to submit an annual 2358 financial report. In preparing the verified report, the 2359 department may request additional information from the local 2360 governmental entity. The information requested must be provided 2361 to the department within 45 days after the request. If the local 2362 governmental entity does not comply with the request, the 2363 department shall notify the Legislative Auditing Committee, 2364 which may take action pursuant to s. 11.40(2). The report must 2365 include, but is not limited to: 2366 (a)The total revenues and expenditures of each local 2367 governmental entity that is a component unit included in the 2368 annual financial report of the reporting entity. 2369 (b)The amount of outstanding long-term debt by each local 2370 governmental entity. For purposes of this paragraph, the term 2371 long-term debt means any agreement or series of agreements to 2372 pay money, which, at inception, contemplate terms of payment 2373 exceeding 1 year in duration. 2374 Section 71.Section 255.101, Florida Statutes, is amended 2375 to read: 2376 255.101Contracts for public construction works; 2377 utilization of rural or urban minority business enterprises. 2378 (1)All county officials, boards of county commissioners, 2379 school boards, city councils, city commissioners, and all other 2380 public officers of state boards or commissions which are charged 2381 with the letting of contracts for public works and for the 2382 construction of public bridges, buildings, and other structures 2383 shall operate in accordance with s. 287.093, except that all 2384 contracts for the construction of state facilities should comply 2385 with provisions in s. 287.09451, and rules adopted pursuant 2386 thereto, for the utilization of rural or urban minority business 2387 enterprises. When construction is financed in whole or in part 2388 from federal funds and where federal provisions for utilization 2389 of rural or urban minority business enterprises apply, this 2390 section may shall not apply. 2391 (2)Counties, municipalities, and special districts as 2392 defined in chapter 189, or other political subdivisions of the 2393 state are encouraged to be sensitive to the effect of job-size 2394 barriers on rural or urban minority businesses. To this end, 2395 these governmental entities are encouraged to competitively 2396 award public construction projects exceeding $100,000. 2397 Section 72.Section 255.102, Florida Statutes, is amended 2398 to read: 2399 255.102Contractor utilization of rural or urban minority 2400 business enterprises. 2401 (1)Agencies shall consider the use of price preferences, 2402 weighted preference formulas, or other preferences for 2403 construction contracts, as determined appropriate by the Office 2404 of Supplier Development Diversity to increase minority 2405 participation in rural or urban areas. 2406 (2)The Office of Supplier Development Diversity, in 2407 collaboration with the Board of Governors of the State 2408 University System, shall adopt rules to determine what is a 2409 good faith effort for purposes of contractor compliance with 2410 rural or urban areas minority participation goals established 2411 for competitively awarded building and construction projects. 2412 Pro forma efforts may shall not be considered good faith. 2413 Factors which must shall be considered by the state agency in 2414 determining whether a contractor has made good faith efforts 2415 shall include, but not be limited to: 2416 (a)Whether the contractor attended any presolicitation or 2417 prebid meetings that were scheduled by the agency to inform 2418 rural or urban minority business enterprises of contracting and 2419 subcontracting opportunities. 2420 (b)Whether the contractor advertised in general 2421 circulation, trade association, or rural-focused or urban 2422 focused minority-focus media concerning the subcontracting 2423 opportunities. 2424 (c)Whether the contractor provided written notice to all 2425 relevant subcontractors listed on the minority vendor list for 2426 that locality and statewide as provided by the agency as of the 2427 date of issuance of the invitation to bid, that their interest 2428 in the contract was being solicited in sufficient time to allow 2429 the rural or urban minority business enterprises to participate 2430 effectively. 2431 (d)Whether the contractor followed up initial 2432 solicitations of interest by contacting rural or urban minority 2433 business enterprises, the Office of Supplier Development 2434 Diversity, or minority persons who responded and provided 2435 detailed information about prebid meetings, access to plans, 2436 specifications, contractors project manager, subcontractor 2437 bonding, if any, payment schedule, bid addenda, and other 2438 assistance provided by the contractor to enhance rural or urban 2439 minority business enterprise participation. 2440 (e)Whether the contractor selected portions of the work to 2441 be performed by rural or urban minority business enterprises in 2442 order to increase the likelihood of meeting the rural or urban 2443 minority business enterprise procurement goals, including, where 2444 appropriate, breaking down contracts into economically feasible 2445 units to facilitate rural or urban minority business enterprise 2446 participation under reasonable and economical conditions of 2447 performance. 2448 (f)Whether the contractor provided the Office of Supplier 2449 Development Diversity as well as interested rural or urban 2450 minority business enterprises or minority persons with adequate 2451 information about the plans, specifications, and requirements of 2452 the contract or the availability of jobs at a time no later than 2453 when such information was provided to other subcontractors. 2454 (g)Whether the contractor negotiated in good faith with 2455 interested rural or urban minority business enterprises or 2456 minority persons, not rejecting rural or urban minority business 2457 enterprises or minority persons as unqualified without sound 2458 reasons based on a thorough investigation of their capabilities 2459 or imposing implausible conditions of performance on the 2460 contract. 2461 (h)Whether the contractor diligently seeks to replace a 2462 rural or urban minority business enterprise subcontractor that 2463 is unable to perform successfully with another rural or urban 2464 minority business enterprise. 2465 (i)Whether the contractor effectively used the services of 2466 available rural or urban minority community organizations; rural 2467 or urban minority contractors groups; local, state, and federal 2468 rural or urban minority business assistance offices; and other 2469 organizations that provide assistance in the recruitment and 2470 placement of rural or urban minority business enterprises or 2471 minority persons. 2472 (3)If an agency considers any other criteria in 2473 determining whether a contractor has made a good faith effort, 2474 the agency must shall adopt such criteria in accordance with s. 2475 120.54, and, where required by that section, by rule, after May 2476 31, 1994. In adopting such criteria, the agency shall identify 2477 the specific factors in as objective a manner as possible to be 2478 used to assess a contractors performance against said criteria. 2479 (4)Notwithstanding the provisions of s. 287.09451 to the 2480 contrary, agencies shall monitor good faith efforts of 2481 contractors in competitively awarded building and construction 2482 projects, in accordance with rules established pursuant to this 2483 section. It is the responsibility of the contractor to exercise 2484 good faith efforts in accordance with rules established pursuant 2485 to this section, and to provide documentation necessary to 2486 assess efforts to include rural or urban minority business 2487 participation. 2488 Section 73.Paragraph (a) of subsection (7) of section 2489 258.501, Florida Statutes, is amended to read: 2490 258.501Myakka River; wild and scenic segment. 2491 (7)MANAGEMENT COORDINATING COUNCIL. 2492 (a)Upon designation, the department shall create a 2493 permanent council to provide interagency and intergovernmental 2494 coordination in the management of the river. The coordinating 2495 council shall be composed of one representative appointed from 2496 each of the following: the department, the Department of 2497 Transportation, the Fish and Wildlife Conservation Commission, 2498 the Department of Commerce, the Florida Forest Service of the 2499 Department of Agriculture and Consumer Services, the Division of 2500 Historical Resources of the Department of State, the Tampa Bay 2501 Regional Planning Council, the Southwest Florida Water 2502 Management District, the Southwest Florida Regional Planning 2503 Council, Manatee County, Sarasota County, Charlotte County, the 2504 City of Sarasota, the City of North Port, agricultural 2505 interests, environmental organizations, and any others deemed 2506 advisable by the department. 2507 Section 74.Subsections (1) and (3) of section 260.0142, 2508 Florida Statutes, are amended to read: 2509 260.0142Florida Greenways and Trails Council; composition; 2510 powers and duties. 2511 (1)There is created within the department the Florida 2512 Greenways and Trails Council which shall advise the department 2513 in the execution of the departments powers and duties under 2514 this chapter. The council shall be composed of 19 21 members, 2515 consisting of: 2516 (a)1.Five Six members appointed by the Governor, with two 2517 members representing the trail user community, two members 2518 representing the greenway user community, one member from the 2519 board of the Florida Wildlife Corridor Foundation, and one 2520 member representing private landowners. 2521 2.Three members appointed by the President of the Senate, 2522 with one member representing the trail user community and two 2523 members representing the greenway user community. 2524 3.Three members appointed by the Speaker of the House of 2525 Representatives, with two members representing the trail user 2526 community and one member representing the greenway user 2527 community. 2528 2529 Those eligible to represent the trail user community shall be 2530 chosen from, but not be limited to, paved trail users, hikers, 2531 off-road bicyclists, users of off-highway vehicles, paddlers, 2532 equestrians, disabled outdoor recreational users, and commercial 2533 recreational interests. Those eligible to represent the greenway 2534 user community must be chosen from, but not be limited to, 2535 conservation organizations, nature study organizations, and 2536 scientists and university experts. 2537 (b)The 8 9 remaining members include: 2538 1.The Secretary of Environmental Protection or a designee. 2539 2.The executive director of the Fish and Wildlife 2540 Conservation Commission or a designee. 2541 3.The Secretary of Transportation or a designee. 2542 4.The Director of the Florida Forest Service of the 2543 Department of Agriculture and Consumer Services or a designee. 2544 5.The director of the Division of Historical Resources of 2545 the Department of State or a designee. 2546 6.A representative of the water management districts. 2547 Membership on the council must rotate among the five districts. 2548 The districts shall determine the order of rotation. 2549 7.A representative of a federal land management agency. 2550 The Secretary of Environmental Protection shall identify the 2551 appropriate federal agency and request designation of a 2552 representative from the agency to serve on the council. 2553 8.A representative of the regional planning councils to be 2554 appointed by the Secretary of Environmental Protection. 2555 Membership on the council must rotate among the seven regional 2556 planning councils. The regional planning councils shall 2557 determine the order of rotation. 2558 8.9.A representative of local governments to be appointed 2559 by the Secretary of Environmental Protection. Membership must 2560 alternate between a county representative and a municipal 2561 representative. 2562 (3)The term of all appointees shall be for 2 years unless 2563 otherwise specified. The appointees of the Governor, the 2564 President of the Senate, and the Speaker of the House of 2565 Representatives may be reappointed for no more than four 2566 consecutive terms. The representatives of the water management 2567 districts, regional planning councils, and local governments may 2568 be reappointed for no more than two consecutive terms. All other 2569 appointees shall serve until replaced. 2570 Section 75.Paragraph (d) of subsection (3) of section 2571 287.055, Florida Statutes, is amended to read: 2572 287.055Acquisition of professional architectural, 2573 engineering, landscape architectural, or surveying and mapping 2574 services; definitions; procedures; contingent fees prohibited; 2575 penalties. 2576 (3)PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. 2577 (d)Each agency shall evaluate professional services, 2578 including capabilities, adequacy of personnel, past record, 2579 experience, whether the firm is a certified minority business 2580 enterprise as defined by the Florida Small and Minority Business 2581 Assistance Act, and other factors determined by the agency to be 2582 applicable to its particular requirements. When securing 2583 professional services, an agency must endeavor to meet the rural 2584 or urban minority business enterprise procurement goals under s. 2585 287.09451. 2586 Section 76.Subsections (8), (9), and (12) of section 2587 287.057, Florida Statutes, are amended to read: 2588 287.057Procurement of commodities or contractual 2589 services. 2590 (8)(a)In order to strive to meet the rural or urban 2591 minority business enterprise procurement goals set forth in s. 2592 287.09451, an agency may reserve any contract for competitive 2593 solicitation only among certified rural or urban minority 2594 business enterprises. Agencies shall review all their contracts 2595 each fiscal year and shall determine which contracts may be 2596 reserved for solicitation only among certified rural or urban 2597 minority business enterprises. This reservation may only be used 2598 when it is determined, by reasonable and objective means, before 2599 the solicitation that there are capable, qualified certified 2600 rural or urban minority business enterprises available to submit 2601 a bid, proposal, or reply on a contract to provide for effective 2602 competition. The Office of Supplier Development Diversity shall 2603 consult with any agency in reaching such determination when 2604 deemed appropriate. 2605 (b)Before a contract may be reserved for solicitation only 2606 among certified rural or urban minority business enterprises, 2607 the agency head must find that such a reservation is in the best 2608 interests of the state. All determinations are shall be subject 2609 to s. 287.09451(5). Once a decision has been made to reserve a 2610 contract, but before sealed bids, proposals, or replies are 2611 requested, the agency shall estimate what it expects the amount 2612 of the contract to be, based on the nature of the services or 2613 commodities involved and their value under prevailing market 2614 conditions. If all the sealed bids, proposals, or replies 2615 received are over this estimate, the agency may reject the bids, 2616 proposals, or replies and request new ones from certified rural 2617 or urban minority business enterprises, or the agency may reject 2618 the bids, proposals, or replies and reopen the bidding to all 2619 eligible vendors. 2620 (c)All agencies shall consider the use of price 2621 preferences of up to 10 percent, weighted preference formulas, 2622 or other preferences for vendors as determined appropriate 2623 pursuant to guidelines established in accordance with s. 2624 287.09451(4) to increase the participation of certified rural or 2625 urban minority business enterprises. 2626 (d)All agencies shall avoid any undue concentration of 2627 contracts or purchases in categories of commodities or 2628 contractual services in order to meet the certified rural or 2629 urban minority business enterprise purchasing goals in s. 2630 287.09451. 2631 (9)An agency may reserve any contract for competitive 2632 solicitation only among vendors who agree to use certified rural 2633 or urban minority business enterprises as subcontractors or 2634 subvendors. The percentage of funds, in terms of gross contract 2635 amount and revenues, which must be expended with the certified 2636 rural or urban minority business enterprise subcontractors and 2637 subvendors shall be determined by the agency before such 2638 contracts may be reserved. In order to bid on a contract so 2639 reserved, the vendor shall identify those certified rural or 2640 urban minority business enterprises which will be utilized as 2641 subcontractors or subvendors by sworn statement. At the time of 2642 performance or project completion, the contractor shall report 2643 by sworn statement the payments and completion of work for all 2644 certified rural or urban minority business enterprises used in 2645 the contract. 2646 (12)If two equal responses to a solicitation or a request 2647 for quote are received and one response is from a certified 2648 rural or urban minority business enterprise, the agency must 2649 shall enter into a contract with the certified rural or urban 2650 minority business enterprise. 2651 Section 77.Section 287.0943, Florida Statutes, is amended 2652 to read: 2653 287.0943Certification of rural or urban minority business 2654 enterprises. 2655 (1)A business certified by any local governmental 2656 jurisdiction or organization shall be accepted by the Department 2657 of Management Services, Office of Supplier Development 2658 Diversity, as a certified rural or urban minority business 2659 enterprise for purposes of doing business with state government 2660 when the Office of Supplier Development Diversity determines 2661 that the states rural or urban minority business enterprise 2662 certification criteria are applied in the local certification 2663 process. 2664 (2)(a)The office is hereby directed to convene a Rural or 2665 Urban Minority Business Certification Task Force. The task 2666 force shall meet as often as necessary, but no less frequently 2667 than annually. 2668 (b)The task force shall be regionally balanced and 2669 comprised of officials representing the department, counties, 2670 municipalities, school boards, special districts, and other 2671 political subdivisions of the state who administer programs to 2672 assist rural or urban minority businesses in procurement or 2673 development in government-sponsored programs. The following 2674 organizations may appoint two members each of the task force who 2675 fit the description above: 2676 1.The Florida League of Cities, Inc. 2677 2.The Florida Association of Counties. 2678 3.The Florida School Boards Association, Inc. 2679 4.The Association of Special Districts. 2680 5.The Florida Association of Rural or Urban Minority 2681 Business Enterprise Officials. 2682 6.The Florida Association of Government Purchasing 2683 Officials. 2684 2685 In addition, the Office of Supplier Development Diversity shall 2686 appoint seven members consisting of three representatives of 2687 rural or urban minority business enterprises, one of whom should 2688 be a woman business owner, two officials of the office, and two 2689 at-large members to ensure balance. A quorum shall consist of 2690 one-third of the current members, and the task force may take 2691 action by majority vote. Any vacancy may only be filled by the 2692 organization or agency originally authorized to appoint the 2693 position. 2694 (c)The purpose of the task force will be to propose 2695 uniform criteria and procedures by which participating entities 2696 and organizations can qualify businesses to participate in 2697 procurement or contracting programs as certified rural or urban 2698 minority business enterprises in accordance with the 2699 certification criteria established by law. 2700 (d)A final list of the criteria and procedures proposed by 2701 the task force shall be considered by the secretary. The task 2702 force may seek technical assistance from qualified providers of 2703 technical, business, and managerial expertise to ensure the 2704 reliability of the certification criteria developed. 2705 (e)In assessing the status of ownership and control, 2706 certification criteria shall, at a minimum: 2707 1.Link ownership by a minority person owning a business 2708 enterprise in a rural or urban area as defined in s. 288.703, or 2709 as dictated by the legal obligations of a certifying 2710 organization, to day-to-day control and financial risk by the 2711 qualifying minority owner, and to demonstrated expertise or 2712 licensure of an a minority owner in any trade or profession that 2713 the rural or urban minority business enterprise will offer to 2714 the state when certified. Businesses must comply with all state 2715 licensing requirements before becoming certified as a rural or 2716 urban minority business enterprise. 2717 2.If present ownership was obtained by transfer, require 2718 the minority person on whom eligibility is based to have owned 2719 at least 51 percent of the applicant firm for a minimum of 2 2720 years, when any previous majority ownership interest in the firm 2721 was by a nonminority who is or was a relative, former employer, 2722 or current employer of the minority person on whom eligibility 2723 is based. This requirement does not apply to minority persons 2724 who are otherwise eligible who take a 51-percent-or-greater 2725 interest in a firm that requires professional licensure to 2726 operate and who will be the qualifying licenseholder for the 2727 firm when certified. A transfer made within a related immediate 2728 family group from a nonminority person to a minority person in 2729 order to establish ownership by a minority person shall be 2730 deemed to have been made solely for purposes of satisfying 2731 certification criteria and shall render such ownership invalid 2732 for purposes of qualifying for such certification if the 2733 combined total net asset value of all members of such family 2734 group exceeds $1 million. For purposes of this subparagraph, the 2735 term related immediate family group means one or more children 2736 under 16 years of age and a parent of such children or the 2737 spouse of such parent residing in the same house or living unit. 2738 3.Require that prospective certified rural or urban 2739 minority business enterprises be currently performing or seeking 2740 to perform a useful business function. A useful business 2741 function is defined as a business function which results in the 2742 provision of materials, supplies, equipment, or services to 2743 customers. Acting as a conduit to transfer funds to a non-rural 2744 or a non-urban nonminority business does not constitute a useful 2745 business function unless it is done so in a normal industry 2746 practice. As used in this section, the term acting as a 2747 conduit means, in part, not acting as a regular dealer by 2748 making sales of material, goods, or supplies from items bought, 2749 kept in stock, and regularly sold to the public in the usual 2750 course of business. Brokers, manufacturers representatives, 2751 sales representatives, and nonstocking distributors are 2752 considered as conduits that do not perform a useful business 2753 function, unless normal industry practice dictates. 2754 (f)When a business receives payments or awards exceeding 2755 $100,000 in one fiscal year, a review of its certification 2756 status or an audit will be conducted within 2 years. In 2757 addition, random reviews or audits will be conducted as deemed 2758 appropriate by the Office of Supplier Development Diversity. 2759 (g)The certification criteria approved by the task force 2760 and adopted by the Department of Management Services must shall 2761 be included in a statewide and interlocal agreement as defined 2762 in s. 287.09431 and, in accordance with s. 163.01, shall be 2763 executed according to the terms included therein. 2764 (h)The certification procedures should allow an applicant 2765 seeking certification to designate on the application form the 2766 information the applicant considers to be proprietary, 2767 confidential business information. As used in this paragraph, 2768 the term proprietary, confidential business information 2769 includes, but is not limited to, any information that would be 2770 exempt from public inspection pursuant to the provisions of 2771 chapter 119; trade secrets; internal auditing controls and 2772 reports; contract costs; or other information the disclosure of 2773 which would injure the affected party in the marketplace or 2774 otherwise violate s. 286.041. The executor in receipt of the 2775 application shall issue written and final notice of any 2776 information for which noninspection is requested but not 2777 provided for by law. 2778 (i)A business that is certified under the provisions of 2779 the statewide and interlocal agreement is shall be deemed a 2780 certified rural or urban minority enterprise in all 2781 jurisdictions or organizations where the agreement is in effect, 2782 and that business is deemed available to do business as such 2783 within any such jurisdiction or with any such organization 2784 statewide. All state agencies must accept rural or urban 2785 minority business enterprises certified in accordance with the 2786 statewide and interlocal agreement of s. 287.09431, and that 2787 business shall also be deemed a certified rural or urban 2788 minority business enterprise as defined in s. 288.703. However, 2789 any governmental jurisdiction or organization that administers a 2790 rural or urban minority business purchasing program may reserve 2791 the right to establish further certification procedures 2792 necessary to comply with federal law. 2793 (j)The statewide and interlocal agreement must shall be 2794 guided by the terms and conditions found therein and may be 2795 amended at any meeting of the task force and subsequently 2796 adopted by the secretary of the Department of Management 2797 Services. The amended agreement must be enacted, initialed, and 2798 legally executed by at least two-thirds of the certifying 2799 entities party to the existing agreement and adopted by the 2800 state as originally executed in order to bind the certifying 2801 entity. 2802 (k)The task force shall meet for the first time no later 2803 than 45 days after the effective date of this act. 2804 (3)(a)The office shall review and evaluate the 2805 certification programs and procedures of all prospective 2806 executors of the statewide and interlocal agreement to determine 2807 whether if their programs exhibit the capacity to meet the 2808 standards of the agreement. 2809 (b)The evaluations shall, at a minimum, consider: the 2810 certifying entitys capacity to conduct investigations of 2811 applicants seeking certification under the designated criteria; 2812 the ability of the certifying entity to collect the requisite 2813 data and to establish adequate protocol to store and exchange 2814 said information among the executors of the agreement and to 2815 provide adequate security to prevent unauthorized access to 2816 information gathered during the certification process; and the 2817 degree to which any legal obligations or supplemental 2818 requirements unique to the certifying entity exceed the capacity 2819 of that entity to conduct certifications. 2820 (c)Any firms certified by organizations or governmental 2821 entities determined not to meet the state certification criteria 2822 may shall not be eligible to participate as certified rural or 2823 urban minority business enterprises in the rural or urban 2824 minority business assistance programs of the state. For a period 2825 of 1 year from the effective date of this legislation, the 2826 executor of the statewide and interlocal agreement may elect to 2827 accept only rural or urban minority business enterprises 2828 certified pursuant to criteria in place at the time the 2829 agreement was signed. After the 1-year period, either party may 2830 elect to withdraw from the agreement without further notice. 2831 (d)Any organizations or governmental entities determined 2832 by the office not to meet the standards of the agreement may 2833 shall not be eligible to execute the statewide and interlocal 2834 agreement as a participating organization until approved by the 2835 office. 2836 (e)Any participating program receiving three or more 2837 challenges to its certification decisions pursuant to subsection 2838 (4) from other organizations that are executors to the statewide 2839 and interlocal agreement, shall be subject to a review by the 2840 office, as provided in paragraphs (a) and (b), of the 2841 organizations capacity to perform under such agreement and in 2842 accordance with the core criteria established by the task force. 2843 The office shall submit a report to the secretary of the 2844 Department of Management Services regarding the results of the 2845 review. 2846 (f)The office shall maintain a directory of all executors 2847 of the statewide and interlocal agreement. The directory should 2848 be communicated to the general public. 2849 (4)A certification may be challenged by any executor to 2850 the statewide and interlocal agreement upon the grounds of 2851 failure by the certifying organization to adhere to the adopted 2852 criteria or to the certifying organizations rules and 2853 procedures, or on the grounds of a misrepresentation or fraud by 2854 the certified rural or urban minority business enterprise. The 2855 challenge must shall proceed according to procedures specified 2856 in the agreement. 2857 (5)(a)The secretary of the Department of Management 2858 Services shall execute the statewide and interlocal agreement 2859 established under s. 287.09431 on behalf of the state. The 2860 office shall certify rural or urban minority business 2861 enterprises in accordance with the laws of this state and, by 2862 affidavit, shall recertify such rural or urban minority business 2863 enterprises not less than once each year. 2864 (b)The office shall contract with parties to the statewide 2865 and interlocal agreement to perform onsite visits associated 2866 with state certifications. 2867 (6)(a)The office shall maintain up-to-date records of all 2868 certified rural or urban minority business enterprises, as 2869 defined in s. 288.703, and of applications for certification 2870 that were denied and shall make this list available to all 2871 agencies. The office shall, for statistical purposes, collect 2872 and track subgroupings of gender and nationality status for each 2873 certified rural or urban minority business enterprise. Agency 2874 spending shall also be tracked for these subgroups. The records 2875 may include information about certified rural or urban minority 2876 business enterprises that provide legal services, auditing 2877 services, and health services. Agencies shall use this list in 2878 efforts to meet the certified rural or urban minority business 2879 enterprise procurement goals set forth in s. 287.09451. 2880 (b)The office shall establish and administer a 2881 computerized data bank to carry out the requirements of 2882 paragraph (a), to be available to all executors of the statewide 2883 and interlocal agreement. Data maintained in the data bank must 2884 shall be sufficient to allow each executor to reasonably monitor 2885 certifications it has issued. 2886 (7)The office shall identify rural or urban minority 2887 business enterprises eligible for certification in all areas of 2888 state services and commodities purchasing. The office may 2889 contract with a private firm or other agency, if necessary, in 2890 seeking to identify rural or urban minority business enterprises 2891 for certification. Agencies may request the office to identify 2892 certifiable rural or urban minority business enterprises that 2893 are in the business of providing a given service or commodity; 2894 the office shall respond to such requests and seek out such 2895 certifiable rural or urban minority business enterprises. 2896 (8)The office shall adopt rules necessary to implement 2897 this section. 2898 (9)State agencies shall comply with this act except to the 2899 extent that the requirements of this act are in conflict with 2900 federal law. 2901 (10)Any transfer of ownership or permanent change in the 2902 management and daily operations of a certified rural or urban 2903 minority business enterprise which may affect certification must 2904 be reported to the original certifying jurisdiction or entity 2905 and to the office within 14 days of the transfer or change 2906 taking place. In the event of a transfer of ownership, the 2907 transferee seeking to do business with the state as a certified 2908 rural or urban minority business enterprise is responsible for 2909 such reporting. In the event of a permanent change in the 2910 management and daily operations, owners seeking to do business 2911 with the state as a certified rural or urban minority business 2912 enterprise are responsible for reporting such change to the 2913 office. A Any person violating the provisions of this subsection 2914 commits shall be guilty of a misdemeanor of the first degree, 2915 punishable as provided in s. 775.082 or s. 775.083. 2916 (11)To deter fraud in the program, the Auditor General may 2917 review the criteria by which a business became certified as a 2918 certified rural or urban minority business enterprise. 2919 (12)Any executor of the statewide and interlocal agreement 2920 may revoke the certification or recertification of a firm doing 2921 business as a certified rural or urban minority business 2922 enterprise if the rural or urban minority business enterprise 2923 does not meet the requirements of the jurisdiction or certifying 2924 entity that certified or recertified the firm as a certified 2925 rural or urban minority business enterprise, or the requirements 2926 of subsection (2), s. 288.703(2), and any rule of the office or 2927 the Department of Management Services or if the business 2928 acquired certification or recertification by means of falsely 2929 representing any entity as a rural or urban minority business 2930 enterprise for purposes of qualifying for certification or 2931 recertification. 2932 (13)Unless permanently revoked, a certified rural or urban 2933 minority business enterprise for which certification or 2934 recertification has been revoked may not apply or reapply for 2935 certification or recertification for a minimum of 36 months 2936 after the date of the notice of revocation. 2937 (14)(a)Except for certification decisions issued by the 2938 Office of Supplier Development Diversity, an executor to the 2939 statewide and interlocal agreement shall, in accordance with its 2940 rules and procedures: 2941 1.Give reasonable notice to affected persons or parties of 2942 its decision to deny certification based on failure to meet 2943 eligibility requirements of the statewide and interlocal 2944 agreement of s. 287.09431, together with a summary of the 2945 grounds therefor. 2946 2.Give affected persons or parties an opportunity, at a 2947 convenient time and place, to present to the agency written or 2948 oral evidence in opposition to the action or of the executors 2949 refusal to act. 2950 3.Give a written explanation of any subsequent decision of 2951 the executor overruling the objections. 2952 (b)An applicant that is denied rural or urban minority 2953 business enterprise certification based on failure to meet 2954 eligibility requirements of the statewide and interlocal 2955 agreement pursuant to s. 287.09431 may not reapply for 2956 certification or recertification until at least 6 months after 2957 the date of the notice of the denial of certification or 2958 recertification. 2959 (15)The office shall adopt rules in compliance with this 2960 part. 2961 Section 78.Section 287.09431, Florida Statutes, is amended 2962 to read: 2963 287.09431Statewide and interlocal agreement on 2964 certification of business concerns for the status of rural or 2965 urban minority business enterprise.The statewide and interlocal 2966 agreement on certification of business concerns for the status 2967 of rural or urban minority business enterprise is hereby enacted 2968 and entered into with all jurisdictions or organizations legally 2969 joining therein. If, within 2 years from the date that the 2970 certification core criteria are approved by the Department of 2971 Management Services, the agreement included herein is not 2972 executed by a majority of county and municipal governing bodies 2973 that administer a rural or urban minority business assistance 2974 program on the effective date of this act, then the Legislature 2975 shall review this agreement. It is the intent of the Legislature 2976 that if the agreement is not executed by a majority of the 2977 requisite governing bodies, then a statewide uniform 2978 certification process should be adopted, and that such said 2979 agreement should be repealed and replaced by a mandatory state 2980 government certification process. 2981 2982 ARTICLE I 2983 2984 PURPOSE, FINDINGS, AND POLICY. 2985 (1)The parties to this agreement, desiring by common 2986 action to establish a uniform certification process in order to 2987 reduce the multiplicity of applications by business concerns to 2988 state and local governmental programs for rural or urban 2989 minority business assistance, declare that it is the policy of 2990 each of them, on the basis of cooperation with one another, to 2991 remedy social and economic disadvantage suffered by certain 2992 groups, resulting in their being historically underutilized in 2993 ownership and control of commercial enterprises. Thus, the 2994 parties seek to address this history by increasing the 2995 participation of the identified groups in opportunities afforded 2996 by government procurement. 2997 (2)The parties find that the State of Florida presently 2998 certifies firms for participation in the rural or urban minority 2999 business assistance programs of the state. The parties find 3000 further that some counties, municipalities, school boards, 3001 special districts, and other divisions of local government 3002 require a separate, yet similar, and in most cases redundant 3003 certification in order for businesses to participate in the 3004 programs sponsored by each government entity. 3005 (3)The parties find further that this redundant 3006 certification has proven to be unduly burdensome to the 3007 minority-owned firms located in rural or urban areas as defined 3008 in s. 288.703 which are intended to benefit from the underlying 3009 purchasing incentives. 3010 (4)The parties agree that: 3011 (a)They will facilitate integrity, stability, and 3012 cooperation in the statewide and interlocal certification 3013 process, and in other elements of programs established to assist 3014 minority-owned businesses located in rural or urban areas. 3015 (b)They shall cooperate with agencies, organizations, and 3016 associations interested in certification and other elements of 3017 rural or urban minority business assistance. 3018 (c)It is the purpose of this agreement to provide for a 3019 uniform process whereby the status of a business concern may be 3020 determined in a singular review of the business information for 3021 these purposes, in order to eliminate any undue expense, delay, 3022 or confusion to the minority-owned businesses located in rural 3023 or urban areas in seeking to participate in the rural or urban 3024 minority business assistance programs of state and local 3025 jurisdictions. 3026 3027 ARTICLE II 3028 3029 DEFINITIONS.As used in this agreement and contracts made 3030 pursuant to it, unless the context clearly requires otherwise: 3031 (1)Awarding organization means any political subdivision 3032 or organization authorized by law, ordinance, or agreement to 3033 enter into contracts and for which the governing body has 3034 entered into this agreement. 3035 (2)Department means the Department of Management 3036 Services. 3037 (3)Minority means a person who is a lawful, permanent 3038 resident of the state, having origins in one of the minority 3039 groups as described and adopted by the Department of Management 3040 Services, hereby incorporated by reference. 3041 (4)Rural or urban minority business enterprise means any 3042 small business concern as defined in subsection (5) (6) that 3043 meets all of the criteria described and adopted by the 3044 Department of Management Services, hereby incorporated by 3045 reference. 3046 (3)(5)Participating state or local organization means 3047 any political subdivision of the state or organization 3048 designated by such that elects to participate in the 3049 certification process pursuant to this agreement, which has been 3050 approved according to s. 287.0943(3) and has legally entered 3051 into this agreement. 3052 (5)(6)Small business concern means an independently 3053 owned and operated business concern which is of a size and type 3054 as described and adopted by vote related to this agreement of 3055 the commission, hereby incorporated by reference. 3056 3057 ARTICLE III 3058 3059 STATEWIDE AND INTERLOCAL CERTIFICATIONS. 3060 (1)All awarding organizations shall accept a certification 3061 granted by any participating organization which has been 3062 approved according to s. 287.0943(3) and has entered into this 3063 agreement, as valid status of rural or urban minority business 3064 enterprise. 3065 (2)A participating organization shall certify a business 3066 concern that meets the definition of a rural or urban minority 3067 business enterprise in this agreement, in accordance with the 3068 duly adopted eligibility criteria. 3069 (3)All participating organizations shall issue notice of 3070 certification decisions granting or denying certification to all 3071 other participating organizations within 14 days of the 3072 decision. Such notice may be made through electronic media. 3073 (4)A No certification may not will be granted without an 3074 onsite visit to verify ownership and control of the prospective 3075 rural or urban minority business enterprise, unless verification 3076 can be accomplished by other methods of adequate verification or 3077 assessment of ownership and control. 3078 (5)The certification of a rural or urban minority business 3079 enterprise pursuant to the terms of this agreement may shall not 3080 be suspended, revoked, or otherwise impaired except on any 3081 grounds which would be sufficient for revocation or suspension 3082 of a certification in the jurisdiction of the participating 3083 organization. 3084 (6)The certification determination of a party may be 3085 challenged by any other participating organization by the 3086 issuance of a timely written notice by the challenging 3087 organization to the certifying organizations determination 3088 within 10 days of receiving notice of the certification 3089 decision, stating the grounds for such challenge therefor. 3090 (7)The sole accepted grounds for challenge are shall be 3091 the failure of the certifying organization to adhere to the 3092 adopted criteria or the certifying organizations rules or 3093 procedures, or the perpetuation of a misrepresentation or fraud 3094 by the firm. 3095 (8)The certifying organization shall reexamine its 3096 certification determination and submit written notice to the 3097 applicant and the challenging organization of its findings 3098 within 30 days after the receipt of the notice of challenge. 3099 (9)If the certification determination is affirmed, the 3100 challenging agency may subsequently submit timely written notice 3101 to the firm of its intent to revoke certification of the firm. 3102 3103 ARTICLE IV 3104 3105 APPROVED AND ACCEPTED PROGRAMS.Nothing in This agreement 3106 may not shall be construed to repeal or otherwise modify any 3107 ordinance, law, or regulation of a party relating to the 3108 existing rural or urban minority business assistance provisions 3109 and procedures by which rural or urban minority business 3110 enterprises participate therein. 3111 3112 ARTICLE V 3113 3114 TERM.The term of the agreement is shall be 5 years, after 3115 which it may be reexecuted by the parties. 3116 3117 ARTICLE VI 3118 3119 AGREEMENT EVALUATION.The designated state and local 3120 officials may meet from time to time as a group to evaluate 3121 progress under the agreement, to formulate recommendations for 3122 changes, or to propose a new agreement. 3123 3124 ARTICLE VII 3125 3126 OTHER ARRANGEMENTS.Nothing in This agreement may not shall 3127 be construed to prevent or inhibit other arrangements or 3128 practices of any party in order to comply with federal law. 3129 3130 ARTICLE VIII 3131 3132 EFFECT AND WITHDRAWAL. 3133 (1)This agreement becomes shall become effective when 3134 properly executed by a legal representative of the participating 3135 organization, when enacted into the law of the state and after 3136 an ordinance or other legislation is enacted into law by the 3137 governing body of each participating organization. Thereafter it 3138 becomes shall become effective as to any participating 3139 organization upon the enactment of this agreement by the 3140 governing body of that organization. 3141 (2)Any party may withdraw from this agreement by enacting 3142 legislation repealing the same, but no such withdrawal may not 3143 shall take effect until one year after the governing body of the 3144 withdrawing party has given notice in writing of the withdrawal 3145 to the other parties. 3146 (3)A No withdrawal may not shall relieve the withdrawing 3147 party of any obligations imposed upon it by law. 3148 3149 ARTICLE IX 3150 3151 FINANCIAL RESPONSIBILITY. 3152 (1)A participating organization is shall not be 3153 financially responsible or liable for the obligations of any 3154 other participating organization related to this agreement. 3155 (2)The provisions of This agreement does not shall 3156 constitute neither a waiver of any governmental immunity under 3157 Florida law or nor a waiver of any defenses of the parties under 3158 Florida law. The provisions of This agreement is are solely for 3159 the benefit of its executors and is not intended to create or 3160 grant any rights, contractual or otherwise, to any person or 3161 entity. 3162 3163 ARTICLE X 3164 3165 VENUE AND GOVERNING LAW.The obligations of the parties to 3166 this agreement are performable only within the county where the 3167 participating organization is located, and statewide for the 3168 Office of Supplier Development Diversity, and venue for any 3169 legal action in connection with this agreement is shall lie, for 3170 any participating organization except the Office of Supplier 3171 Development Diversity, exclusively in the county where the 3172 participating organization is located. This agreement is shall 3173 be governed by and construed in accordance with the laws and 3174 court decisions of this the state. 3175 3176 ARTICLE XI 3177 3178 CONSTRUCTION AND SEVERABILITY.This agreement must shall be 3179 liberally construed so as to effectuate the purposes thereof. 3180 The provisions of This agreement is shall be severable and if 3181 any phrase, clause, sentence, or provision of this agreement is 3182 declared to be contrary to the State Constitution or the United 3183 States Constitution, or the application thereof to any 3184 government, agency, person, or circumstance is held invalid, the 3185 validity of the remainder of this agreement and the 3186 applicability thereof to any government, agency, person, or 3187 circumstance is shall not be affected thereby. If this agreement 3188 is shall be held contrary to the State Constitution, the 3189 agreement remains shall remain in full force and effect as to 3190 all severable matters. 3191 Section 79.Paragraph (b) of subsection (2) of section 3192 288.0001, Florida Statutes, is amended to read: 3193 288.0001Economic Development Programs Evaluation.The 3194 Office of Economic and Demographic Research and the Office of 3195 Program Policy Analysis and Government Accountability (OPPAGA) 3196 shall develop and present to the Governor, the President of the 3197 Senate, the Speaker of the House of Representatives, and the 3198 chairs of the legislative appropriations committees the Economic 3199 Development Programs Evaluation. 3200 (2)The Office of Economic and Demographic Research and 3201 OPPAGA shall provide a detailed analysis of economic development 3202 programs as provided in the following schedule: 3203 (b)By January 1, 2015, and every 3 years thereafter, an 3204 analysis of: 3205 1.The entertainment industry sales tax exemption program 3206 established under s. 288.1258. 3207 2.VISIT Florida and its programs established or funded 3208 under ss. 288.122-288.12265 and 288.124. 3209 3.The Florida Sports Foundation and related programs, 3210 including those established under ss. 288.1162, 288.11621, 3211 288.1166, and 288.1167. 3212 Section 80.Section 288.7031, Florida Statutes, is amended 3213 to read: 3214 288.7031Application of certain definitions.The 3215 definitions of small business, and certified rural or urban 3216 minority business enterprise, and certified minority business 3217 enterprise provided in s. 288.703 apply to the state and all 3218 political subdivisions of the state. 3219 Section 81.Paragraph (f) of subsection (2), paragraph (c) 3220 of subsection (4), and subsections (7) and (8), and (9) of 3221 section 288.975, Florida Statutes, are amended to read: 3222 288.975Military base reuse plans. 3223 (2)As used in this section, the term: 3224 (f)Regional policy plan means a strategic regional 3225 policy plan that has been adopted by rule by a regional planning 3226 council pursuant to s. 186.508. 3227 (4) 3228 (c)Military base reuse plans shall identify projected 3229 impacts to significant regional resources and natural resources 3230 of regional significance as identified by applicable regional 3231 planning councils in their regional policy plans and the actions 3232 that shall be taken to mitigate such impacts. 3233 (7)A military base reuse plan must shall be consistent 3234 with the comprehensive plan of the host local government and may 3235 shall not conflict with the comprehensive plan of any affected 3236 local governments. A military base reuse plan must shall be 3237 consistent with the nonprocedural requirements of part II of 3238 chapter 163 and rules adopted thereunder, applicable regional 3239 policy plans, and the state comprehensive plan. 3240 (8)At the request of a host local government, the 3241 department shall coordinate a presubmission workshop concerning 3242 a military base reuse plan within the boundaries of the host 3243 jurisdiction. Agencies that must shall participate in the 3244 workshop shall include any affected local governments; the 3245 Department of Environmental Protection; the department; the 3246 Department of Transportation; the Department of Health; the 3247 Department of Children and Families; the Department of Juvenile 3248 Justice; the Department of Agriculture and Consumer Services; 3249 the Department of State; the Fish and Wildlife Conservation 3250 Commission; and any applicable water management districts and 3251 regional planning councils. The purposes of the workshop are 3252 shall be to assist the host local government to understand 3253 issues of concern to the above listed entities pertaining to the 3254 military base site and to identify opportunities for better 3255 coordination of planning and review efforts with the information 3256 and analyses generated by the federal environmental impact 3257 statement process and the federal community base reuse planning 3258 process. 3259 (9)If a host local government elects to use the optional 3260 provisions of this act, it must shall, no later than 12 months 3261 after notifying the agencies of its intent pursuant to 3262 subsection (3) either: 3263 (a)Send a copy of the proposed military base reuse plan 3264 for review to any affected local governments; the Department of 3265 Environmental Protection; the department; the Department of 3266 Transportation; the Department of Health; the Department of 3267 Children and Families; the Department of Juvenile Justice; the 3268 Department of Agriculture and Consumer Services; the Department 3269 of State; the Fish and Wildlife Conservation Commission; and any 3270 applicable water management districts and regional planning 3271 councils, or 3272 (b)Petition the department for an extension of the 3273 deadline for submitting a proposed reuse plan. Such an extension 3274 request must be justified by changes or delays in the closure 3275 process by the federal Department of Defense or for reasons 3276 otherwise deemed to promote the orderly and beneficial planning 3277 of the subject military base reuse. The department may grant 3278 extensions to the required submission date of the reuse plan. 3279 Section 82.Subsection (4) of section 290.004, Florida 3280 Statutes, is amended to read: 3281 290.004Definitions relating to Florida Enterprise Zone 3282 Act.As used in ss. 290.001-290.016: 3283 (4)Certified rural or urban Minority business enterprise 3284 has the same meaning as provided in s. 288.703. 3285 Section 83.Paragraph (b) of subsection (26) of section 3286 320.08058, Florida Statutes, is amended to read: 3287 320.08058Specialty license plates. 3288 (26)TAMPA BAY ESTUARY LICENSE PLATES. 3289 (b)The annual use fees shall be distributed to the Tampa 3290 Bay Estuary Program created by s. 163.01. 3291 1.A maximum of 5 percent of such fees may be used for 3292 marketing the plate. 3293 2.Twenty percent of the proceeds from the annual use fee, 3294 not to exceed $50,000, shall be provided to the Tampa Bay 3295 Regional Planning Council for activities of the Agency on Bay 3296 Management implementing the Council/Agency Action Plan for the 3297 restoration of the Tampa Bay estuary, as approved by the Tampa 3298 Bay Estuary Program Policy Board. 3299 2.3.The remaining proceeds must be used to implement the 3300 Comprehensive Conservation and Management Plan for Tampa Bay, 3301 pursuant to priorities approved by the Tampa Bay Estuary Program 3302 Policy Board. 3303 Section 84.Paragraph (b) of subsection (3) of section 3304 335.188, Florida Statutes, is amended to read: 3305 335.188Access management standards; access control 3306 classification system; criteria. 3307 (3)The control classification system shall be developed 3308 consistent with the following: 3309 (b)The access control classification system shall be 3310 developed in cooperation with counties, municipalities, the 3311 state land planning agency, regional planning councils, 3312 metropolitan planning organizations, and other local 3313 governmental entities. 3314 Section 85.Paragraph (b) of subsection (4) of section 3315 339.155, Florida Statutes, is amended to read: 3316 339.155Transportation planning. 3317 (4)ADDITIONAL TRANSPORTATION PLANS. 3318 (b)Each regional planning council, as provided for in s. 3319 186.504, or any successor agency thereto, shall develop, as an 3320 element of its strategic regional policy plan, transportation 3321 goals and policies. The transportation goals and policies must 3322 be prioritized to comply with the prevailing principles provided 3323 in subsection (1) and s. 334.046(1). The transportation goals 3324 and policies shall be consistent, to the maximum extent 3325 feasible, with the goals and policies of the metropolitan 3326 planning organization and the Florida Transportation Plan. The 3327 transportation goals and policies of the regional planning 3328 council will be advisory only and shall be submitted to the 3329 department and any affected metropolitan planning organization 3330 for their consideration and comments. Metropolitan planning 3331 organization plans and other local transportation plans shall be 3332 developed consistent, to the maximum extent feasible, with the 3333 regional transportation goals and policies. 3334 Section 86.Paragraph (g) of subsection (6) of section 3335 339.175, Florida Statutes, is amended to read: 3336 339.175Metropolitan planning organization. 3337 (6)POWERS, DUTIES, AND RESPONSIBILITIES.The powers, 3338 privileges, and authority of an M.P.O. are those specified in 3339 this section or incorporated in an interlocal agreement 3340 authorized under s. 163.01. Each M.P.O. shall perform all acts 3341 required by federal or state laws or rules, now and subsequently 3342 applicable, which are necessary to qualify for federal aid. It 3343 is the intent of this section that each M.P.O. be involved in 3344 the planning and programming of transportation facilities, 3345 including, but not limited to, airports, intercity and high 3346 speed rail lines, seaports, and intermodal facilities, to the 3347 extent permitted by state or federal law. An M.P.O. may not 3348 perform project production or delivery for capital improvement 3349 projects on the State Highway System. 3350 (g)Each M.P.O. shall have an executive or staff director 3351 who reports directly to the M.P.O. governing board for all 3352 matters regarding the administration and operation of the M.P.O. 3353 and any additional personnel as deemed necessary. The executive 3354 director and any additional personnel may be employed either by 3355 an M.P.O. or by another governmental entity, such as a county 3356 or, city, or regional planning council, that has a staff 3357 services agreement signed and in effect with the M.P.O. Each 3358 M.P.O. may enter into contracts with local or state agencies, 3359 private planning firms, private engineering firms, or other 3360 public or private entities to accomplish its transportation 3361 planning and programming duties and administrative functions. 3362 Section 87.Subsection (6) of section 339.285, Florida 3363 Statutes, is amended to read: 3364 339.285Enhanced Bridge Program for Sustainable 3365 Transportation. 3366 (6)Preference shall be given to bridge projects located on 3367 corridors that connect to the Strategic Intermodal System, 3368 created under s. 339.64, and that have been identified as 3369 regionally significant in accordance with s. 339.155(4)(b), (c), 3370 and (d) s. 339.155(4)(c), (d), and (e). 3371 Section 88.Subsections (3) and (4) of section 339.63, 3372 Florida Statutes, are amended to read: 3373 339.63System facilities designated; additions and 3374 deletions. 3375 (3)After the initial designation of the Strategic 3376 Intermodal System under subsection (1), the department shall, in 3377 coordination with the metropolitan planning organizations, local 3378 governments, regional planning councils, transportation 3379 providers, and affected public agencies, add facilities to or 3380 delete facilities from the Strategic Intermodal System described 3381 in paragraphs (2)(b) and (c) based upon criteria adopted by the 3382 department. 3383 (4)After the initial designation of the Strategic 3384 Intermodal System under subsection (1), the department shall, in 3385 coordination with the metropolitan planning organizations, local 3386 governments, regional planning councils, transportation 3387 providers, and affected public agencies, add facilities to or 3388 delete facilities from the Strategic Intermodal System described 3389 in paragraph (2)(a) based upon criteria adopted by the 3390 department. However, an airport that is designated as a reliever 3391 airport to a Strategic Intermodal System airport which has at 3392 least 75,000 itinerant operations per year, has a runway length 3393 of at least 5,500 linear feet, is capable of handling aircraft 3394 weighing at least 60,000 pounds with a dual wheel configuration 3395 which is served by at least one precision instrument approach, 3396 and serves a cluster of aviation-dependent industries, shall be 3397 designated as part of the Strategic Intermodal System by the 3398 Secretary of Transportation upon the request of a reliever 3399 airport meeting this criteria. 3400 Section 89.Subsection (1) and paragraph (a) of subsection 3401 (3) of section 339.64, Florida Statutes, are amended to read: 3402 339.64Strategic Intermodal System Plan. 3403 (1)The department shall develop, in cooperation with 3404 metropolitan planning organizations, regional planning councils, 3405 local governments, and other transportation providers, a 3406 Strategic Intermodal System Plan. The plan shall be consistent 3407 with the Florida Transportation Plan developed pursuant to s. 3408 339.155 and shall be updated at least once every 5 years, 3409 subsequent to updates of the Florida Transportation Plan. 3410 (3)(a)During the development of updates to the Strategic 3411 Intermodal System Plan, the department shall provide 3412 metropolitan planning organizations, regional planning councils, 3413 local governments, transportation providers, affected public 3414 agencies, and citizens with an opportunity to participate in and 3415 comment on the development of the update. 3416 Section 90.Subsection (1) of section 341.041, Florida 3417 Statutes, is amended to read: 3418 341.041Transit responsibilities of the department.The 3419 department shall, within the resources provided pursuant to 3420 chapter 216: 3421 (1)Develop a statewide plan that provides for public 3422 transit and intercity bus service needs at least 5 years in 3423 advance. The plan shall be developed in a manner that will 3424 assure maximum use of existing facilities, and optimum 3425 integration and coordination of the various modes of 3426 transportation, including both governmentally owned and 3427 privately owned resources, in the most cost-effective manner 3428 possible. The plan shall also incorporate plans adopted by local 3429 and regional planning agencies which are consistent, to the 3430 maximum extent feasible, with adopted strategic policy plans and 3431 approved local government comprehensive plans for the region and 3432 units of local government covered by the plan and shall, insofar 3433 as practical, conform to federal planning requirements. The plan 3434 shall be consistent with the goals of the Florida Transportation 3435 Plan developed pursuant to s. 339.155. 3436 Section 91.Paragraph (m) of subsection (3) of section 3437 343.54, Florida Statutes, is amended to read: 3438 343.54Powers and duties. 3439 (3)The authority may exercise all powers necessary, 3440 appurtenant, convenient, or incidental to the carrying out of 3441 the aforesaid purposes, including, but not limited to, the 3442 following rights and powers: 3443 (m)To cooperate with other governmental entities and to 3444 contract with other governmental agencies, including the 3445 Department of Transportation, the Federal Government, regional 3446 planning councils, counties, and municipalities. 3447 Section 92.Paragraphs (c) and (d) of subsection (1) of 3448 section 366.93, Florida Statutes, are amended to read: 3449 366.93Cost recovery for the siting, design, licensing, and 3450 construction of nuclear and integrated gasification combined 3451 cycle power plants. 3452 (1)As used in this section, the term: 3453 (c)Integrated gasification combined cycle power plant or 3454 plant means an electrical power plant as defined in s. 403.503 3455 s. 403.503(14) which uses synthesis gas produced by integrated 3456 gasification technology. 3457 (d)Nuclear power plant or plant means an electrical 3458 power plant as defined in s. 403.503 s. 403.503(14) which uses 3459 nuclear materials for fuel. 3460 Section 93.Subsection (1) of section 369.303, Florida 3461 Statutes, is amended to read: 3462 369.303Definitions.As used in this part: 3463 (1)Council means the East Central Florida Regional 3464 Planning Council. 3465 Section 94.Subsection (3) of section 369.307, Florida 3466 Statutes, is amended to read: 3467 369.307Developments of regional impact in the Wekiva River 3468 Protection Area; land acquisition. 3469 (3)The Wekiva River Protection Area is hereby declared to 3470 be a natural resource of state and regional importance. The St. 3471 Johns River Water Management District East Central Florida 3472 Regional Planning Council shall adopt policies that as part of 3473 its strategic regional policy plan and regional issues list 3474 which will protect the water quantity, water quality, hydrology, 3475 wetlands, aquatic and wetland-dependent wildlife species, 3476 habitat of all species designated pursuant to rules 39-27.003, 3477 39-27.004, and 39-27.005, Florida Administrative Code, and 3478 native vegetation in the Wekiva River Protection Area. The water 3479 management district council shall also cooperate with the 3480 department in the departments implementation of the provisions 3481 of s. 369.305. 3482 Section 95.Paragraph (e) of subsection (1) of section 3483 373.309, Florida Statutes, is amended to read: 3484 373.309Authority to adopt rules and procedures. 3485 (1)The department shall adopt, and may from time to time 3486 amend, rules governing the location, construction, repair, and 3487 abandonment of water wells and shall be responsible for the 3488 administration of this part. With respect thereto, the 3489 department shall: 3490 (e)Encourage prevention of potable water well 3491 contamination and promote cost-effective remediation of 3492 contaminated potable water supplies by use of the Water Quality 3493 Assurance Trust Fund as provided in s. 376.307(1)(e) and 3494 establish by rule: 3495 1.Delineation of areas of groundwater contamination for 3496 implementation of well location and construction, testing, 3497 permitting, and clearance requirements as set forth in 3498 subparagraphs 2.-6. 2. , 3., 4., 5., and 6. The department shall 3499 make available to water management districts, regional planning 3500 councils, the Department of Health, and county building and 3501 zoning departments, maps or other information on areas of 3502 contamination, including areas of ethylene dibromide 3503 contamination. Such maps or other information shall be made 3504 available to property owners, realtors, real estate 3505 associations, property appraisers, and other interested persons 3506 upon request and upon payment of appropriate costs. 3507 2.Requirements for testing for suspected contamination in 3508 areas of known contamination, as a prerequisite for clearance of 3509 a water well for drinking purposes. The department is authorized 3510 to establish criteria for acceptance of water quality testing 3511 results from the Department of Health and laboratories certified 3512 by the Department of Health, and is authorized to establish 3513 requirements for sample collection quality assurance. 3514 3.Requirements for mandatory connection to available 3515 potable water systems in areas of known contamination, wherein 3516 the department may prohibit the permitting and construction of 3517 new potable water wells. 3518 4.Location and construction standards for public and all 3519 other potable water wells permitted in areas of contamination. 3520 Such standards shall be designed to minimize the effects of such 3521 contamination. 3522 5.A procedure for permitting all potable water wells in 3523 areas of known contamination. Any new water well that is to be 3524 used for drinking water purposes and that does not meet 3525 construction standards pursuant to subparagraph 4. must be 3526 abandoned and plugged by the owner. Water management districts 3527 shall implement, through delegation from the department, the 3528 permitting and enforcement responsibilities of this 3529 subparagraph. 3530 6.A procedure for clearing for use all potable water 3531 wells, except wells that serve a public water supply system, in 3532 areas of known contamination. If contaminants are found upon 3533 testing pursuant to subparagraph 2., a well may not be cleared 3534 for use without a filter or other means of preventing the users 3535 of the well from being exposed to deleterious amounts of 3536 contaminants. The Department of Health shall implement the 3537 responsibilities of this subparagraph. 3538 7.Fees to be paid for well construction permits and 3539 clearance for use. The fees shall be based on the actual costs 3540 incurred by the water management districts, the Department of 3541 Health, or other political subdivisions in carrying out the 3542 responsibilities related to potable water well permitting and 3543 clearance for use. The fees shall provide revenue to cover all 3544 such costs and shall be set according to the following schedule: 3545 a.The well construction permit fee may not exceed $500. 3546 b.The clearance fee may not exceed $50. 3547 8.Procedures for implementing well-location, construction, 3548 testing, permitting, and clearance requirements as set forth in 3549 subparagraphs 2.-6. within areas that research or monitoring 3550 data indicate are vulnerable to contamination with nitrate, or 3551 areas in which the department provides a subsidy for restoration 3552 or replacement of contaminated drinking water supplies through 3553 extending existing water lines or developing new water supply 3554 systems pursuant to s. 376.307(1)(e). The department shall 3555 consult with the Florida Ground Water Association in the process 3556 of developing rules pursuant to this subparagraph. 3557 3558 All fees and funds collected by each delegated entity pursuant 3559 to this part shall be deposited in the appropriate operating 3560 account of that entity. 3561 Section 96.Subsections (1) and (2) of section 373.415, 3562 Florida Statutes, are amended to read: 3563 373.415Protection zones; duties of the St. Johns River 3564 Water Management District. 3565 (1)Not later than November 1, 1988, the St. Johns River 3566 Water Management District shall adopt rules establishing 3567 protection zones adjacent to the watercourses in the Wekiva 3568 River System, as designated in s. 369.303 s. 369.303(10). Such 3569 protection zones shall be sufficiently wide to prevent harm to 3570 the Wekiva River System, including water quality, water 3571 quantity, hydrology, wetlands, and aquatic and wetland-dependent 3572 wildlife species, caused by any of the activities regulated 3573 under this part. Factors on which the widths of the protection 3574 zones shall be based shall include, but not be limited to: 3575 (a)The biological significance of the wetlands and uplands 3576 adjacent to the designated watercourses in the Wekiva River 3577 System, including the nesting, feeding, breeding, and resting 3578 needs of aquatic species and wetland-dependent wildlife species. 3579 (b)The sensitivity of these species to disturbance, 3580 including the short-term and long-term adaptability to 3581 disturbance of the more sensitive species, both migratory and 3582 resident. 3583 (c)The susceptibility of these lands to erosion, including 3584 the slope, soils, runoff characteristics, and vegetative cover. 3585 3586 In addition, the rules may establish permitting thresholds, 3587 permitting exemptions, or general permits, if such thresholds, 3588 exemptions, or general permits do not allow significant adverse 3589 impacts to the Wekiva River System to occur individually or 3590 cumulatively. 3591 (2)Notwithstanding the provisions of s. 120.60, the St. 3592 Johns River Water Management District may shall not issue any 3593 permit under this part within the Wekiva River Protection Area, 3594 as defined in s. 369.303 s. 369.303(9), until the appropriate 3595 local government has provided written notification to the 3596 district that the proposed activity is consistent with the local 3597 comprehensive plan and is in compliance with any land 3598 development regulation in effect in the area where the 3599 development will take place. The district may, however, inform 3600 any property owner who makes a request for such information as 3601 to the location of the protection zone or zones on his or her 3602 property. However, if a development proposal is amended as the 3603 result of the review by the district, a permit may be issued 3604 before prior to the development proposal being returned, if 3605 necessary, to the local government for additional review. 3606 Section 97.Paragraph (a) of subsection (2) of section 3607 376.3072, Florida Statutes, is amended to read: 3608 376.3072Florida Petroleum Liability and Restoration 3609 Insurance Program. 3610 (2)(a)An owner or operator of a petroleum storage system 3611 may become an insured in the restoration insurance program at a 3612 facility if: 3613 1.A site at which an incident has occurred is eligible for 3614 restoration if the insured is a participant in the third-party 3615 liability insurance program or otherwise meets applicable 3616 financial responsibility requirements. After July 1, 1993, the 3617 insured must also provide the required excess insurance coverage 3618 or self-insurance for restoration to achieve the financial 3619 responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 3620 not covered by paragraph (d). 3621 2.A site which had a discharge reported before January 1, 3622 1989, for which notice was given pursuant to s. 376.3071(10) and 3623 which is ineligible for the third-party liability insurance 3624 program solely due to that discharge is eligible for 3625 participation in the restoration program for an incident 3626 occurring on or after January 1, 1989, pursuant to subsection 3627 (3). Restoration funding for an eligible contaminated site will 3628 be provided without participation in the third-party liability 3629 insurance program until the site is restored as required by the 3630 department or until the department determines that the site does 3631 not require restoration. 3632 3.Notwithstanding paragraph (b), a site where an 3633 application is filed with the department before January 1, 1995, 3634 where the owner is a small business under s. 288.703 s. 3635 288.703(6), a Florida College System institution with less than 3636 2,500 FTE, a religious institution as defined by s. 3637 212.08(7)(m), a charitable institution as defined by s. 3638 212.08(7)(p), or a county or municipality with a population of 3639 less than 50,000, is eligible for up to $400,000 of eligible 3640 restoration costs, less a deductible of $10,000 for small 3641 businesses, eligible Florida College System institutions, and 3642 religious or charitable institutions, and $30,000 for eligible 3643 counties and municipalities, if: 3644 a.Except as provided in sub-subparagraph e., the facility 3645 was in compliance with department rules at the time of the 3646 discharge. 3647 b.The owner or operator has, upon discovery of a 3648 discharge, promptly reported the discharge to the department, 3649 and drained and removed the system from service, if necessary. 3650 c.The owner or operator has not intentionally caused or 3651 concealed a discharge or disabled leak detection equipment. 3652 d.The owner or operator proceeds to complete initial 3653 remedial action as specified in department rules. 3654 e.The owner or operator, if required and if it has not 3655 already done so, applies for third-party liability coverage for 3656 the facility within 30 days after receipt of an eligibility 3657 order issued by the department pursuant to this subparagraph. 3658 3659 However, the department may consider in-kind services from 3660 eligible counties and municipalities in lieu of the $30,000 3661 deductible. The cost of conducting initial remedial action as 3662 defined by department rules is an eligible restoration cost 3663 pursuant to this subparagraph. 3664 4.a.By January 1, 1997, facilities at sites with existing 3665 contamination must have methods of release detection to be 3666 eligible for restoration insurance coverage for new discharges 3667 subject to department rules for secondary containment. Annual 3668 storage system testing, in conjunction with inventory control, 3669 shall be considered to be a method of release detection until 3670 the later of December 22, 1998, or 10 years after the date of 3671 installation or the last upgrade. Other methods of release 3672 detection for storage tanks which meet such requirement are: 3673 (I)Interstitial monitoring of tank and integral piping 3674 secondary containment systems; 3675 (II)Automatic tank gauging systems; or 3676 (III)A statistical inventory reconciliation system with a 3677 tank test every 3 years. 3678 b.For pressurized integral piping systems, the owner or 3679 operator must use: 3680 (I)An automatic in-line leak detector with flow 3681 restriction meeting the requirements of department rules used in 3682 conjunction with an annual tightness or pressure test; or 3683 (II)An automatic in-line leak detector with electronic 3684 flow shut-off meeting the requirements of department rules. 3685 c.For suction integral piping systems, the owner or 3686 operator must use: 3687 (I)A single check valve installed directly below the 3688 suction pump if there are no other valves between the dispenser 3689 and the tank; or 3690 (II)An annual tightness test or other approved test. 3691 d.Owners of facilities with existing contamination that 3692 install internal release detection systems pursuant to sub 3693 subparagraph a. shall permanently close their external 3694 groundwater and vapor monitoring wells pursuant to department 3695 rules by December 31, 1998. Upon installation of the internal 3696 release detection system, such wells must be secured and taken 3697 out of service until permanent closure. 3698 e.Facilities with vapor levels of contamination meeting 3699 the requirements of or below the concentrations specified in the 3700 performance standards for release detection methods specified in 3701 department rules may continue to use vapor monitoring wells for 3702 release detection. 3703 f.The department may approve other methods of release 3704 detection for storage tanks and integral piping which have at 3705 least the same capability to detect a new release as the methods 3706 specified in this subparagraph. 3707 3708 Sites meeting the criteria of this subsection for which a site 3709 rehabilitation completion order was issued before June 1, 2008, 3710 do not qualify for the 2008 increase in site rehabilitation 3711 funding assistance and are bound by the pre-June 1, 2008, 3712 limits. Sites meeting the criteria of this subsection for which 3713 a site rehabilitation completion order was not issued before 3714 June 1, 2008, regardless of whether they have previously 3715 transitioned to nonstate-funded cleanup status, may continue 3716 state-funded cleanup pursuant to s. 376.3071(6) until a site 3717 rehabilitation completion order is issued or the increased site 3718 rehabilitation funding assistance limit is reached, whichever 3719 occurs first. 3720 Section 98.Paragraph (k) of subsection (2) of section 3721 377.703, Florida Statutes, is amended to read: 3722 377.703Additional functions of the Department of 3723 Agriculture and Consumer Services. 3724 (2)DUTIES.The department shall perform the following 3725 functions, unless as otherwise provided, consistent with the 3726 development of a state energy policy: 3727 (k)The department shall coordinate energy-related programs 3728 of state government, including, but not limited to, the programs 3729 provided in this section. To this end, the department shall: 3730 1.Provide assistance to other state agencies, counties, 3731 and municipalities, and regional planning agencies to further 3732 and promote their energy planning activities. 3733 2.Require, in cooperation with the Department of 3734 Management Services, all state agencies to operate state-owned 3735 and state-leased buildings in accordance with energy 3736 conservation standards as adopted by the Department of 3737 Management Services. Every 3 months, the Department of 3738 Management Services shall furnish the department data on 3739 agencies energy consumption and emissions of greenhouse gases 3740 in a format prescribed by the department. 3741 3.Promote the development and use of renewable energy 3742 resources, energy efficiency technologies, and conservation 3743 measures. 3744 4.Promote the recovery of energy from wastes, including, 3745 but not limited to, the use of waste heat, the use of 3746 agricultural products as a source of energy, and recycling of 3747 manufactured products. Such promotion shall be conducted in 3748 conjunction with, and after consultation with, the Department of 3749 Environmental Protection and the Florida Public Service 3750 Commission where electrical generation or natural gas is 3751 involved, and any other relevant federal, state, or local 3752 governmental agency having responsibility for resource recovery 3753 programs. 3754 Section 99.Subsection (3) of section 378.411, Florida 3755 Statutes, is amended to read: 3756 378.411Certification to receive notices of intent to mine, 3757 to review, and to inspect for compliance. 3758 (3)In making his or her determination, the secretary shall 3759 consult with the Department of Commerce, the appropriate 3760 regional planning council, and the appropriate water management 3761 district. 3762 Section 100.Subsection (15) of section 380.031, Florida 3763 Statutes, is amended to read: 3764 380.031Definitions.As used in this chapter: 3765 (15)Regional planning agency means the agency designated 3766 by the state land planning agency to exercise responsibilities 3767 under this chapter in a particular region of the state. 3768 Section 101.Subsection (2) of section 380.045, Florida 3769 Statutes, is amended to read: 3770 380.045Resource planning and management committees; 3771 objectives; procedures. 3772 (2)The committee must include, but is not limited to, 3773 representation from each of the following: elected officials 3774 from the local governments within the area under study; the 3775 planning office of each of the local governments within the area 3776 under study; the state land planning agency; any other state 3777 agency under chapter 20 a representative of which the Governor 3778 feels is relevant to the compilation of the committee; and a 3779 water management district, if appropriate, and regional planning 3780 council all or part of whose jurisdiction lies within the area 3781 under study. After the appointment of the members, the Governor 3782 shall select a chair and vice chair. A staff member of the state 3783 land planning agency shall be appointed by the secretary of such 3784 agency to serve as the secretary of the committee. The state 3785 land planning agency shall, to the greatest extent possible, 3786 provide technical assistance and administrative support to the 3787 committee. Meetings will be called as needed by the chair or on 3788 the demand of three or more members of the committee. The 3789 committee will act on a simple majority of a quorum present and 3790 shall make a report within 6 months to the head of the state 3791 land planning agency. The committee must, from the time of 3792 appointment, remain in existence for no less than 6 months. 3793 Section 102.Subsections (3), (4), (7), (8), and (12) of 3794 section 380.05, Florida Statutes, are amended to read: 3795 380.05Areas of critical state concern. 3796 (3)Each local government regional planning agency may 3797 recommend to the state land planning agency from time to time 3798 areas wholly or partially within its jurisdiction that meet the 3799 criteria for areas of critical state concern as defined in this 3800 section. Each regional planning agency shall solicit from the 3801 local governments within its jurisdiction suggestions as to 3802 areas to be recommended. A local government in an area where 3803 there is no regional planning agency may recommend to the state 3804 land planning agency from time to time areas wholly or partially 3805 within its jurisdiction that meet the criteria for areas of 3806 critical state concern as defined in this section. If the state 3807 land planning agency does not recommend to the commission as an 3808 area of critical state concern an area substantially similar to 3809 one that has been recommended, it must shall respond in writing 3810 as to its reasons therefor. 3811 (4)Before Prior to submitting any recommendation to the 3812 commission under subsection (1), the state land planning agency 3813 shall give notice to any committee appointed pursuant to s. 3814 380.045 and to all local governments and regional planning 3815 agencies that include within their boundaries any part of any 3816 area of critical state concern proposed to be designated by the 3817 rule, in addition to any notice otherwise required under chapter 3818 120. 3819 (7)The state land planning agency and any applicable 3820 regional planning agency shall, to the greatest extent possible, 3821 provide technical assistance to local governments in the 3822 preparation of the land development regulations and local 3823 comprehensive plan for areas of critical state concern. 3824 (8)If any local government fails to submit land 3825 development regulations or a local comprehensive plan, or if the 3826 regulations or plan or plan amendment submitted do not comply 3827 with the principles for guiding development set out in the rule 3828 designating the area of critical state concern, within 120 days 3829 after the adoption of the rule designating an area of critical 3830 state concern, or within 120 days after the issuance of a 3831 recommended order on the compliance of the plan or plan 3832 amendment pursuant to s. 163.3184, or within 120 days after the 3833 effective date of an order rejecting a proposed land development 3834 regulation, the state land planning agency must shall submit to 3835 the commission recommended land development regulations and a 3836 local comprehensive plan or portions thereof applicable to that 3837 local governments portion of the area of critical state 3838 concern. Within 45 days following receipt of the recommendation 3839 from the agency, the commission shall either reject the 3840 recommendation as tendered or adopt the recommendation with or 3841 without modification, and by rule establish land development 3842 regulations and a local comprehensive plan applicable to that 3843 local governments portion of the area of critical state 3844 concern. However, such rule may shall not become effective 3845 before prior to legislative review of an area of critical state 3846 concern pursuant to paragraph (1)(c). In the rule, the 3847 commission shall specify the extent to which its land 3848 development regulations, plans, or plan amendments will 3849 supersede, or will be supplementary to, local land development 3850 regulations and plans. Notice of any proposed rule issued under 3851 this section shall be given to all local governments and 3852 regional planning agencies in the area of critical state 3853 concern, in addition to any other notice required under chapter 3854 120. The land development regulations and local comprehensive 3855 plan adopted by the commission under this section may include 3856 any type of regulation and plan that could have been adopted by 3857 the local government. Any land development regulations or local 3858 comprehensive plan or plan amendments adopted by the commission 3859 under this section shall be administered by the local government 3860 as part of, or in the absence of, the local land development 3861 regulations and local comprehensive plan. 3862 (12)Upon the request of a substantially interested person 3863 pursuant to s. 120.54(7), a local government or regional 3864 planning agency within the designated area, or the state land 3865 planning agency, the commission may by rule remove, contract, or 3866 expand any designated boundary. Boundary expansions are subject 3867 to legislative review pursuant to paragraph (1)(c). No boundary 3868 may be modified without a specific finding by the commission 3869 that such changes are consistent with necessary resource 3870 protection. The total boundaries of an entire area of critical 3871 state concern may shall not be removed by the commission unless 3872 a minimum time of 1 year has elapsed from the adoption of 3873 regulations and a local comprehensive plan pursuant to 3874 subsection (1), subsection (6), subsection (8), or subsection 3875 (10). Before totally removing such boundaries, the commission 3876 shall make findings that the regulations and plans adopted 3877 pursuant to subsection (1), subsection (6), subsection (8), or 3878 subsection (10) are being effectively implemented by local 3879 governments within the area of critical state concern to protect 3880 the area and that adopted local government comprehensive plans 3881 within the area have been conformed to principles for guiding 3882 development for the area. 3883 Section 103.Subsection (3) of section 380.055, Florida 3884 Statutes, is amended to read: 3885 380.055Big Cypress Area. 3886 (3)DESIGNATION AS AREA OF CRITICAL STATE CONCERN.The Big 3887 Cypress Area, as defined in this subsection, is hereby 3888 designated as an area of critical state concern. Big Cypress 3889 Area means the area generally depicted on the map entitled 3890 Boundary Map, Big Cypress National Freshwater Reserve, 3891 Florida, numbered BC-91,001 and dated November 1971, which is 3892 on file and available for public inspection in the office of the 3893 National Park Service, Department of the Interior, Washington, 3894 D.C., and in the office of the Board of Trustees of the Internal 3895 Improvement Trust Fund, which is the area proposed as the 3896 Federal Big Cypress National Freshwater Reserve, Florida, and 3897 that area described as follows: Sections 1, 2, 11, 12 and 13 in 3898 Township 49 South, Range 31 East; and Township 49 South, Range 3899 32 East, less Sections 19, 30 and 31; and Township 49 South, 3900 Range 33 East; and Township 49 South, Range 34 East; and 3901 Sections 1 through 5 and 10 through 14 in Township 50 South, 3902 Range 32 East; and Sections 1 through 18 and 20 through 25 in 3903 Township 50 South, Range 33 East; and Township 50 South, Range 3904 34 East, less Section 31; and Sections 1 and 2 in Township 51 3905 South, Range 34 East; All in Collier County, Florida, which 3906 described area shall be known as the Big Cypress National 3907 Preserve Addition, Florida, together with such contiguous land 3908 and water areas as are ecologically linked with the Everglades 3909 National Park, certain of the estuarine fisheries of South 3910 Florida, or the freshwater aquifer of South Florida, the 3911 definitive boundaries of which shall be set in the following 3912 manner: Within 120 days following the effective date of this 3913 act, the state land planning agency shall recommend definitive 3914 boundaries for the Big Cypress Area to the Administration 3915 Commission, after giving notice to all local governments and 3916 regional planning agencies which include within their boundaries 3917 any part of the area proposed to be included in the Big Cypress 3918 Area and holding such hearings as the state land planning agency 3919 deems appropriate. Within 45 days following receipt of the 3920 recommended boundaries, the Administration Commission shall 3921 adopt, modify, or reject the recommendation and shall by rule 3922 establish the boundaries of the area defined as the Big Cypress 3923 Area. 3924 Section 104.Subsection (6) and paragraph (b) of subsection 3925 (12) of section 380.06, Florida Statutes, are amended to read: 3926 380.06Developments of regional impact. 3927 (6)REPORTS.Notwithstanding any condition in a development 3928 order for an approved development of regional impact, the 3929 developer is not required to submit an annual or a biennial 3930 report on the development of regional impact to the local 3931 government, the regional planning agency, the state land 3932 planning agency, and all affected permit agencies unless 3933 required to do so by the local government that has jurisdiction 3934 over the development. The penalty for failure to file such a 3935 required report is as prescribed by the local government. 3936 (12)PROPOSED DEVELOPMENTS. 3937 (b)This subsection does not apply to: 3938 1.Amendments to a development order governing an existing 3939 development of regional impact. 3940 2.An application for development approval filed with a 3941 concurrent plan amendment application pending as of May 14, 3942 2015, if the applicant elects to have the application reviewed 3943 pursuant to this section as it existed on that date. The 3944 election shall be in writing and filed with the affected local 3945 government, regional planning council, and the state land 3946 planning agency before December 31, 2018. 3947 Section 105.Subsection (2) of section 380.061, Florida 3948 Statutes, is amended to read: 3949 380.061The Florida Quality Developments program. 3950 (2)Following written notification to the state land 3951 planning agency and the appropriate regional planning agency, a 3952 local government with an approved Florida Quality Development 3953 within its jurisdiction must set a public hearing pursuant to 3954 its local procedures and shall adopt a local development order 3955 to replace and supersede the development order adopted by the 3956 state land planning agency for the Florida Quality Development. 3957 Thereafter, the Florida Quality Development shall follow the 3958 procedures and requirements for developments of regional impact 3959 as specified in this chapter. 3960 Section 106.Subsection (2) of section 380.07, Florida 3961 Statutes, is amended to read: 3962 380.07Florida Land and Water Adjudicatory Commission. 3963 (2)Whenever any local government issues any development 3964 order in any area of critical state concern, or in regard to the 3965 abandonment of any approved development of regional impact, 3966 copies of such orders as prescribed by rule by the state land 3967 planning agency shall be transmitted to the state land planning 3968 agency, the regional planning agency, and the owner or developer 3969 of the property affected by such order. The state land planning 3970 agency shall adopt rules describing development order rendition 3971 and effectiveness in designated areas of critical state concern. 3972 Within 45 days after the order is rendered, the owner, the 3973 developer, or the state land planning agency may appeal the 3974 order to the Florida Land and Water Adjudicatory Commission by 3975 filing a petition alleging that the development order is not 3976 consistent with this part. 3977 Section 107.Paragraph (c) of subsection (3) of section 3978 380.23, Florida Statutes, is amended to read: 3979 380.23Federal consistency. 3980 (3)Consistency review shall be limited to review of the 3981 following activities, uses, and projects to ensure that such 3982 activities, uses, and projects are conducted in accordance with 3983 the states coastal management program: 3984 (c)Federally licensed or permitted activities affecting 3985 land or water uses when such activities are in or seaward of the 3986 jurisdiction of local governments required to develop a coastal 3987 zone protection element as provided in s. 380.24 and when such 3988 activities involve: 3989 1.Permits and licenses required under the Rivers and 3990 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended. 3991 2.Permits and licenses required under the Marine 3992 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss. 3993 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended. 3994 3.Permits and licenses required under the Federal Water 3995 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as 3996 amended, unless such permitting activities have been delegated 3997 to the state pursuant to said act. 3998 4.Permits and licenses relating to the transportation of 3999 hazardous substance materials or transportation and dumping 4000 which are issued pursuant to the Hazardous Materials 4001 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or 4002 33 U.S.C. s. 1321, as amended. 4003 5.Permits and licenses required under 15 U.S.C. ss. 717 4004 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 4005 1331-1356 for construction and operation of interstate gas 4006 pipelines and storage facilities. 4007 6.Permits and licenses required for the siting and 4008 construction of any new electrical power plants as defined in s. 4009 403.503 s. 403.503(14), as amended, and the licensing and 4010 relicensing of hydroelectric power plants under the Federal 4011 Power Act, 16 U.S.C. ss. 791a et seq., as amended. 4012 7.Permits and licenses required under the Mining Law of 4013 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands 4014 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral 4015 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as 4016 amended; the Federal Land Policy and Management Act, 43 U.S.C. 4017 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16 4018 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43 4019 U.S.C. ss. 1331 et seq., as amended, for drilling, mining, 4020 pipelines, geological and geophysical activities, or rights-of 4021 way on public lands and permits and licenses required under the 4022 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as 4023 amended. 4024 8.Permits and licenses for areas leased under the OCS 4025 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including 4026 leases and approvals of exploration, development, and production 4027 plans. 4028 9.Permits and licenses required under the Deepwater Port 4029 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended. 4030 10.Permits required for the taking of marine mammals under 4031 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 4032 s. 1374. 4033 Section 108.Subsection (3) of section 380.507, Florida 4034 Statutes, is amended to read: 4035 380.507Powers of the trust.The trust shall have all the 4036 powers necessary or convenient to carry out the purposes and 4037 provisions of this part, including: 4038 (3)To provide technical and financial assistance to local 4039 governments, state agencies, water management districts, 4040 regional planning councils, and nonprofit agencies to carry out 4041 projects and activities and develop programs to achieve the 4042 purposes of this part. 4043 Section 109.Paragraph (b) of subsection (8) of section 4044 381.986, Florida Statutes, is amended to read: 4045 381.986Medical use of marijuana. 4046 (8)MEDICAL MARIJUANA TREATMENT CENTERS. 4047 (b)An applicant for licensure as a medical marijuana 4048 treatment center shall apply to the department on a form 4049 prescribed by the department and adopted in rule. The department 4050 shall adopt rules pursuant to ss. 120.536(1) and 120.54 4051 establishing a procedure for the issuance and biennial renewal 4052 of licenses, including initial application and biennial renewal 4053 fees sufficient to cover the costs of implementing and 4054 administering this section, and establishing supplemental 4055 licensure fees for payment beginning May 1, 2018, sufficient to 4056 cover the costs of administering ss. 381.989 and 1004.4351. The 4057 department shall identify applicants with strong diversity plans 4058 reflecting this states commitment to diversity and implement 4059 training programs and other educational programs to enable 4060 minority persons and certified rural or urban minority business 4061 enterprises, as defined in s. 288.703, and veteran business 4062 enterprises, as defined in s. 295.187, to compete for medical 4063 marijuana treatment center licensure and contracts. Subject to 4064 the requirements in subparagraphs (a)2.-4., the department shall 4065 issue a license to an applicant if the applicant meets the 4066 requirements of this section and pays the initial application 4067 fee. The department shall renew the licensure of a medical 4068 marijuana treatment center biennially if the licensee meets the 4069 requirements of this section and pays the biennial renewal fee. 4070 However, the department may not renew the license of a medical 4071 marijuana treatment center that has not begun to cultivate, 4072 process, and dispense marijuana by the date that the medical 4073 marijuana treatment center is required to renew its license. An 4074 individual may not be an applicant, owner, officer, board 4075 member, or manager on more than one application for licensure as 4076 a medical marijuana treatment center. An individual or entity 4077 may not be awarded more than one license as a medical marijuana 4078 treatment center. An applicant for licensure as a medical 4079 marijuana treatment center must demonstrate: 4080 1.That, for the 5 consecutive years before submitting the 4081 application, the applicant has been registered to do business in 4082 the state. 4083 2.Possession of a valid certificate of registration issued 4084 by the Department of Agriculture and Consumer Services pursuant 4085 to s. 581.131. 4086 3.The technical and technological ability to cultivate and 4087 produce marijuana, including, but not limited to, low-THC 4088 cannabis. 4089 4.The ability to secure the premises, resources, and 4090 personnel necessary to operate as a medical marijuana treatment 4091 center. 4092 5.The ability to maintain accountability of all raw 4093 materials, finished products, and any byproducts to prevent 4094 diversion or unlawful access to or possession of these 4095 substances. 4096 6.An infrastructure reasonably located to dispense 4097 marijuana to registered qualified patients statewide or 4098 regionally as determined by the department. 4099 7.The financial ability to maintain operations for the 4100 duration of the 2-year approval cycle, including the provision 4101 of certified financial statements to the department. 4102 a.Upon approval, the applicant must post a $5 million 4103 performance bond issued by an authorized surety insurance 4104 company rated in one of the three highest rating categories by a 4105 nationally recognized rating service. However, a medical 4106 marijuana treatment center serving at least 1,000 qualified 4107 patients is only required to maintain a $2 million performance 4108 bond. 4109 b.In lieu of the performance bond required under sub 4110 subparagraph a., the applicant may provide an irrevocable letter 4111 of credit payable to the department or provide cash to the 4112 department. If provided with cash under this sub-subparagraph, 4113 the department shall deposit the cash in the Grants and 4114 Donations Trust Fund within the Department of Health, subject to 4115 the same conditions as the bond regarding requirements for the 4116 applicant to forfeit ownership of the funds. If the funds 4117 deposited under this sub-subparagraph generate interest, the 4118 amount of that interest shall be used by the department for the 4119 administration of this section. 4120 8.That all owners, officers, board members, and managers 4121 have passed a background screening pursuant to subsection (9). 4122 9.The employment of a medical director to supervise the 4123 activities of the medical marijuana treatment center. 4124 10.A diversity plan that promotes and ensures the 4125 involvement of minority persons and certified rural or urban 4126 minority business enterprises, as defined in s. 288.703, or 4127 veteran business enterprises, as defined in s. 295.187, in 4128 ownership, management, and employment. An applicant for 4129 licensure renewal must show the effectiveness of the diversity 4130 plan by including the following with his or her application for 4131 renewal: 4132 a.Representation of minority persons and veterans in the 4133 medical marijuana treatment centers workforce; 4134 b.Efforts to recruit minority persons and veterans for 4135 employment; and 4136 c.A record of contracts for services with rural or urban 4137 minority business enterprises and veteran business enterprises. 4138 Section 110.Subsection (4) of section 403.031, Florida 4139 Statutes, is amended to read: 4140 403.031Definitions.In construing this chapter, or rules 4141 and regulations adopted pursuant hereto, the following words, 4142 phrases, or terms, unless the context otherwise indicates, have 4143 the following meanings: 4144 (4)Electrical power plant means, for purposes of this 4145 part of this chapter, any electrical generating facility that 4146 uses any process or fuel and that is owned or operated by an 4147 electric utility, as defined in s. 403.503 s. 403.503(14), and 4148 includes any associated facility that directly supports the 4149 operation of the electrical power plant. 4150 Section 111.Subsection (6) of section 403.0752, Florida 4151 Statutes, is amended to read: 4152 403.0752Ecosystem management agreements. 4153 (6)The secretary of the department may form ecosystem 4154 management advisory teams for consultation and participation in 4155 the preparation of an ecosystem management agreement. The 4156 secretary shall request the participation of at least the state 4157 and regional and local government entities having regulatory 4158 authority over the activities to be subject to the ecosystem 4159 management agreement. Such teams may also include 4160 representatives of other participating or advisory government 4161 agencies, which may include regional planning councils, private 4162 landowners, public landowners and managers, public and private 4163 utilities, corporations, and environmental interests. Team 4164 members shall be selected in a manner that ensures adequate 4165 representation of the diverse interests and perspectives within 4166 the designated ecosystem. Participation by any department of 4167 state government is at the discretion of that agency. 4168 Section 112.Subsection (27) of section 403.503, Florida 4169 Statutes, is amended to read: 4170 403.503Definitions relating to Florida Electrical Power 4171 Plant Siting Act.As used in this act: 4172 (27)Regional planning council means a regional planning 4173 council as defined in s. 186.503(4) in the jurisdiction of which 4174 the electrical power plant is proposed to be located. 4175 Section 113.Subsection (1) of section 403.50663, Florida 4176 Statutes, is amended to read: 4177 403.50663Informational public meetings. 4178 (1)A local government within whose jurisdiction the power 4179 plant is proposed to be sited may hold one informational public 4180 meeting in addition to the hearings specifically authorized by 4181 this act on any matter associated with the electrical power 4182 plant proceeding. Such informational public meetings shall be 4183 held by the local government or by the regional planning council 4184 if the local government does not hold such meeting within 70 4185 days after the filing of the application. The purpose of an 4186 informational public meeting is for the local government or 4187 regional planning council to further inform the public about the 4188 proposed electrical power plant or associated facilities, obtain 4189 comments from the public, and formulate its recommendation with 4190 respect to the proposed electrical power plant. 4191 Section 114.Paragraph (a) of subsection (2) of section 4192 403.507, Florida Statutes, is amended to read: 4193 403.507Preliminary statements of issues, reports, project 4194 analyses, and studies. 4195 (2)(a)No later than 100 days after the certification 4196 application has been determined complete, the following agencies 4197 shall prepare reports as provided below and shall submit them to 4198 the department and the applicant, unless a final order denying 4199 the determination of need has been issued under s. 403.519: 4200 1.The Department of Commerce shall prepare a report 4201 containing recommendations which address the impact upon the 4202 public of the proposed electrical power plant, based on the 4203 degree to which the electrical power plant is consistent with 4204 the applicable portions of the state comprehensive plan, 4205 emergency management, and other such matters within its 4206 jurisdiction. The Department of Commerce may also comment on the 4207 consistency of the proposed electrical power plant with 4208 applicable strategic regional policy plans or local 4209 comprehensive plans and land development regulations. 4210 2.The water management district shall prepare a report as 4211 to matters within its jurisdiction, including but not limited 4212 to, the impact of the proposed electrical power plant on water 4213 resources, regional water supply planning, and district-owned 4214 lands and works. 4215 3.Each local government in whose jurisdiction the proposed 4216 electrical power plant is to be located shall prepare a report 4217 as to the consistency of the proposed electrical power plant 4218 with all applicable local ordinances, regulations, standards, or 4219 criteria that apply to the proposed electrical power plant, 4220 including any applicable local environmental regulations adopted 4221 pursuant to s. 403.182 or by other means. 4222 4.The Fish and Wildlife Conservation Commission shall 4223 prepare a report as to matters within its jurisdiction. 4224 5.The Department of Transportation shall address the 4225 impact of the proposed electrical power plant on matters within 4226 its jurisdiction. 4227 Section 115.Paragraphs (a) and (c) of subsection (4) of 4228 section 403.509, Florida Statutes, are amended to read: 4229 403.509Final disposition of application. 4230 (4)(a)Any transmission line corridor certified by the 4231 board, or secretary if applicable, shall meet the criteria of 4232 this section. When more than one transmission line corridor is 4233 proper for certification under s. 403.503 s. 403.503(11) and 4234 meets the criteria of this section, the board, or secretary if 4235 applicable, shall certify the transmission line corridor that 4236 has the least adverse impact regarding the criteria in 4237 subsection (3), including costs. 4238 (c)If the board, or secretary if applicable, finds that 4239 two or more of the corridors that comply with subsection (3) 4240 have the least adverse impacts regarding the criteria in 4241 subsection (3), including costs, and that the corridors are 4242 substantially equal in adverse impacts regarding the criteria in 4243 subsection (3), including costs, the board, or secretary if 4244 applicable, shall certify the corridor preferred by the 4245 applicant if the corridor is one proper for certification under 4246 s. 403.503 s. 403.503(11). 4247 Section 116.Paragraph (a) of subsection (6) and paragraph 4248 (a) of subsection (7) of section 403.5115, Florida Statutes, are 4249 amended to read: 4250 403.5115Public notice. 4251 (6)(a)A good faith effort shall be made by the applicant 4252 to provide direct written notice of the filing of an application 4253 for certification by United States mail or hand delivery no 4254 later than 45 days after filing of the application to all local 4255 landowners whose property, as noted in the most recent local 4256 government tax records, and residences are located within the 4257 following distances of the proposed project: 4258 1.Three miles of the proposed main site boundaries of the 4259 proposed electrical power plant. 4260 2.One-quarter mile for a transmission line corridor that 4261 only includes a transmission line as defined by s. 403.522 s. 4262 403.522(22). 4263 3.One-quarter mile for all other linear associated 4264 facilities extending away from the main site boundary except for 4265 a transmission line corridor that includes a transmission line 4266 that operates below those defined by s. 403.522 s. 403.522(22). 4267 (7)(a)A good faith effort shall be made by the proponent 4268 of an alternate corridor that includes a transmission line, as 4269 defined by s. 403.522 s. 403.522(22), to provide direct written 4270 notice of the filing of an alternate corridor for certification 4271 by United States mail or hand delivery of the filing no later 4272 than 30 days after filing of the alternate corridor to all local 4273 landowners whose property, as noted in the most recent local 4274 government tax records, and residences, are located within one 4275 quarter mile of the proposed boundaries of a transmission line 4276 corridor that includes a transmission line as defined by s. 4277 403.522 s. 403.522(22). 4278 Section 117.Subsection (1) of section 403.5175, Florida 4279 Statutes, is amended to read: 4280 403.5175Existing electrical power plant site 4281 certification. 4282 (1)An electric utility that owns or operates an existing 4283 electrical power plant as defined in s. 403.503 s. 403.503(14) 4284 may apply for certification of an existing power plant and its 4285 site in order to obtain all agency licenses necessary to ensure 4286 compliance with federal or state environmental laws and 4287 regulation using the centrally coordinated, one-stop licensing 4288 process established by this part. An application for 4289 certification under this section must be in the form prescribed 4290 by department rule. Applications must be reviewed and processed 4291 using the same procedural steps and notices as for an 4292 application for a new facility, except that a determination of 4293 need by the Public Service Commission is not required. 4294 Section 118.Paragraph (c) of subsection (2) of section 4295 403.518, Florida Statutes, is amended to read: 4296 403.518Fees; disposition.The department shall charge the 4297 applicant the following fees, as appropriate, which, unless 4298 otherwise specified, shall be paid into the Florida Permit Fee 4299 Trust Fund: 4300 (2)An application fee, which may shall not exceed 4301 $200,000. The fee shall be fixed by rule on a sliding scale 4302 related to the size, type, ultimate site capacity, or increase 4303 in electrical generating capacity proposed by the application. 4304 (c)1.Upon written request with proper itemized accounting 4305 within 90 days after final agency action by the board or 4306 department or withdrawal of the application, the agencies that 4307 prepared reports pursuant to s. 403.507 or participated in a 4308 hearing pursuant to s. 403.508 may submit a written request to 4309 the department for reimbursement of expenses incurred during the 4310 certification proceedings. The request must shall contain an 4311 accounting of expenses incurred which may include time spent 4312 reviewing the application, preparation of any studies required 4313 of the agencies by this act, agency travel and per diem to 4314 attend any hearing held pursuant to this act, and for any local 4315 governments or regional planning councils provision of notice 4316 of public meetings required as a result of the application for 4317 certification. The department shall review the request and 4318 verify that the expenses are valid. Valid expenses must shall be 4319 reimbursed; however, in the event the amount of funds available 4320 for reimbursement is insufficient to provide for full 4321 compensation to the agencies requesting reimbursement, 4322 reimbursement is shall be on a prorated basis. 4323 2.If the application review is held in abeyance for more 4324 than 1 year, the agencies may submit a request for 4325 reimbursement. This time period is shall be measured from the 4326 date the applicant has provided written notification to the 4327 department that it desires to have the application review 4328 process placed on hold. The fee disbursement shall be processed 4329 in accordance with subparagraph 1. 4330 Section 119.Subsection (21) of section 403.522, Florida 4331 Statutes, is amended to read: 4332 403.522Definitions relating to the Florida Electric 4333 Transmission Line Siting Act.As used in this act: 4334 (21)Regional planning council means a regional planning 4335 council as defined in s. 186.503(4) in the jurisdiction of which 4336 the project is proposed to be located. 4337 Section 120.Paragraph (a) of subsection (2) of section 4338 403.526, Florida Statutes, is amended to read: 4339 403.526Preliminary statements of issues, reports, and 4340 project analyses; studies. 4341 (2)(a)No later than 90 days after the filing of the 4342 application, the following agencies shall prepare reports as 4343 provided below, unless a final order denying the determination 4344 of need has been issued under s. 403.537: 4345 1.The department shall prepare a report as to the impact 4346 of each proposed transmission line or corridor as it relates to 4347 matters within its jurisdiction. 4348 2.Each water management district in the jurisdiction of 4349 which a proposed transmission line or corridor is to be located 4350 shall prepare a report as to the impact on water resources and 4351 other matters within its jurisdiction. 4352 3.The Department of Commerce shall prepare a report 4353 containing recommendations which address the impact upon the 4354 public of the proposed transmission line or corridor, based on 4355 the degree to which the proposed transmission line or corridor 4356 is consistent with the applicable portions of the state 4357 comprehensive plan, emergency management, and other matters 4358 within its jurisdiction. The Department of Commerce may also 4359 comment on the consistency of the proposed transmission line or 4360 corridor with applicable strategic regional policy plans or 4361 local comprehensive plans and land development regulations. 4362 4.The Fish and Wildlife Conservation Commission shall 4363 prepare a report as to the impact of each proposed transmission 4364 line or corridor on fish and wildlife resources and other 4365 matters within its jurisdiction. 4366 5.Each local government shall prepare a report as to the 4367 impact of each proposed transmission line or corridor on matters 4368 within its jurisdiction, including the consistency of the 4369 proposed transmission line or corridor with all applicable local 4370 ordinances, regulations, standards, or criteria that apply to 4371 the proposed transmission line or corridor, including local 4372 comprehensive plans, zoning regulations, land development 4373 regulations, and any applicable local environmental regulations 4374 adopted pursuant to s. 403.182 or by other means. A change by 4375 the responsible local government or local agency in local 4376 comprehensive plans, zoning ordinances, or other regulations 4377 made after the date required for the filing of the local 4378 governments report required by this section is not applicable 4379 to the certification of the proposed transmission line or 4380 corridor unless the certification is denied or the application 4381 is withdrawn. 4382 6.The Department of Transportation shall prepare a report 4383 as to the impact of the proposed transmission line or corridor 4384 on state roads, railroads, airports, aeronautics, seaports, and 4385 other matters within its jurisdiction. 4386 7.The commission shall prepare a report containing its 4387 determination under s. 403.537, and the report may include the 4388 comments from the commission with respect to any other subject 4389 within its jurisdiction. 4390 8.Any other agency, if requested by the department, shall 4391 also perform studies or prepare reports as to subjects within 4392 the jurisdiction of the agency which may potentially be affected 4393 by the proposed transmission line. 4394 Section 121.Paragraphs (d) and (f) of subsection (1) of 4395 section 403.5271, Florida Statutes, are amended to read: 4396 403.5271Alternate corridors. 4397 (1)No later than 45 days before the originally scheduled 4398 certification hearing, any party may propose alternate 4399 transmission line corridor routes for consideration under the 4400 provisions of this act. 4401 (d)Within 21 days after acceptance of an alternate 4402 corridor by the department and the applicant, the party 4403 proposing an alternate corridor shall have the burden of 4404 providing all data to the agencies listed in s. 403.5365 s. 4405 403.526(2) and newly affected agencies necessary for the 4406 preparation of a supplementary report on the proposed alternate 4407 corridor. 4408 (f)The agencies listed in s. 403.5365 s. 403.526(2) and 4409 any newly affected agencies shall file supplementary reports 4410 with the applicant and the department which address the proposed 4411 alternate corridors no later than 24 days after the data 4412 submitted pursuant to paragraph (d) or paragraph (e) is 4413 determined to be complete. 4414 Section 122.Subsection (1) of section 403.5272, Florida 4415 Statutes, is amended to read: 4416 403.5272Informational public meetings. 4417 (1)A local government whose jurisdiction is to be crossed 4418 by a proposed corridor may hold one informational public meeting 4419 in addition to the hearings specifically authorized by this act 4420 on any matter associated with the transmission line proceeding. 4421 The informational public meeting may be conducted by the local 4422 government or the regional planning council and shall be held no 4423 later than 55 days after the application is filed. The purpose 4424 of an informational public meeting is for the local government 4425 or regional planning council to further inform the public about 4426 the transmission line proposed, obtain comments from the public, 4427 and formulate its recommendation with respect to the proposed 4428 transmission line. 4429 Section 123.Subsection (4), paragraph (a) of subsection 4430 (5), and paragraph (a) of subsection (6) of section 403.5363, 4431 Florida Statutes, are amended to read: 4432 403.5363Public notices; requirements. 4433 (4)A local government or regional planning council that 4434 proposes to conduct an informational public meeting pursuant to 4435 s. 403.5272 must publish notice of the meeting in a newspaper of 4436 general circulation within the county or counties in which the 4437 proposed electrical transmission line will be located no later 4438 than 7 days before prior to the meeting. A newspaper of general 4439 circulation shall be the newspaper that has the largest daily 4440 circulation in that county and has its principal office in that 4441 county. If the newspaper with the largest daily circulation has 4442 its principal office outside the county, the notices shall 4443 appear in both the newspaper having the largest circulation in 4444 that county and in a newspaper authorized to publish legal 4445 notices in that county. 4446 (5)(a)A good faith effort shall be made by the applicant 4447 to provide direct notice of the filing of an application for 4448 certification by United States mail or hand delivery no later 4449 than 45 days after filing of the application to all local 4450 landowners whose property, as noted in the most recent local 4451 government tax records, and residences are located within one 4452 quarter mile of the proposed boundaries of a transmission line 4453 corridor that only includes a transmission line as defined by s. 4454 403.522 s. 403.522(22). 4455 (6)(a)A good faith effort shall be made by the proponent 4456 of an alternate corridor that includes a transmission line, as 4457 defined by s. 403.522 s. 403.522(22), to provide direct notice 4458 of the filing of an alternate corridor for certification by 4459 United States mail or hand delivery of the filing no later than 4460 30 days after filing of the alternate corridor to all local 4461 landowners whose property, as noted in the most recent local 4462 government tax records, and residences are located within one 4463 quarter mile of the proposed boundaries of a transmission line 4464 corridor that includes a transmission line as defined by s. 4465 403.522 s. 403.522(22). 4466 Section 124.Paragraph (d) of subsection (1) of section 4467 403.5365, Florida Statutes, is amended to read: 4468 403.5365Fees; disposition.The department shall charge the 4469 applicant the following fees, as appropriate, which, unless 4470 otherwise specified, shall be paid into the Florida Permit Fee 4471 Trust Fund: 4472 (1)An application fee. 4473 (d)1.Upon written request with proper itemized accounting 4474 within 90 days after final agency action by the siting board or 4475 the department or the written notification of the withdrawal of 4476 the application, the agencies that prepared reports under s. 4477 403.526 or s. 403.5271 or participated in a hearing under s. 4478 403.527 or s. 403.5271 may submit a written request to the 4479 department for reimbursement of expenses incurred during the 4480 certification proceedings. The request must contain an 4481 accounting of expenses incurred, which may include time spent 4482 reviewing the application, preparation of any studies required 4483 of the agencies by this act, agency travel and per diem to 4484 attend any hearing held under this act, and for the local 4485 government or regional planning council providing additional 4486 notice of the informational public meeting. The department shall 4487 review the request and verify whether a claimed expense is 4488 valid. Valid expenses shall be reimbursed; however, if the 4489 amount of funds available for reimbursement is insufficient to 4490 provide for full compensation to the agencies, reimbursement 4491 shall be on a prorated basis. 4492 2.If the application review is held in abeyance for more 4493 than 1 year, the agencies may submit a request for reimbursement 4494 under subparagraph 1. This time period shall be measured from 4495 the date the applicant has provided written notification to the 4496 department that it desires to have the application review 4497 process placed on hold. The fee disbursement shall be processed 4498 in accordance with subparagraph 1. 4499 Section 125.Paragraphs (a) and (d) of subsection (1) of 4500 section 403.537, Florida Statutes, are amended to read: 4501 403.537Determination of need for transmission line; powers 4502 and duties. 4503 (1)(a)Upon request by an applicant or upon its own motion, 4504 the Florida Public Service Commission shall schedule a public 4505 hearing, after notice, to determine the need for a transmission 4506 line regulated by the Florida Electric Transmission Line Siting 4507 Act, ss. 403.52-403.5365. The notice shall be published at least 4508 21 days before the date set for the hearing and shall be 4509 published by the applicant in at least one-quarter page size 4510 notice in newspapers of general circulation, and by the 4511 commission in the manner specified in chapter 120, by giving 4512 notice to counties and regional planning councils in whose 4513 jurisdiction the transmission line could be placed, and by 4514 giving notice to any persons who have requested to be placed on 4515 the mailing list of the commission for this purpose. Within 21 4516 days after receipt of a request for determination by an 4517 applicant, the commission shall set a date for the hearing. The 4518 hearing shall be held pursuant to s. 350.01 within 45 days after 4519 the filing of the request, and a decision shall be rendered 4520 within 60 days after such filing. 4521 (d)The determination by the commission of the need for the 4522 transmission line, as defined in s. 403.522 s. 403.522(22), is 4523 binding on all parties to any certification proceeding under the 4524 Florida Electric Transmission Line Siting Act and is a condition 4525 precedent to the conduct of the certification hearing prescribed 4526 therein. An order entered pursuant to this section constitutes 4527 final agency action. 4528 Section 126.Subsection (17) of section 403.704, Florida 4529 Statutes, is amended to read: 4530 403.704Powers and duties of the department.The department 4531 shall have responsibility for the implementation and enforcement 4532 of this act. In addition to other powers and duties, the 4533 department shall: 4534 (17)Provide technical assistance to local governments and 4535 regional agencies to ensure consistency between county hazardous 4536 waste management assessments; coordinate the development of such 4537 assessments with the assistance of the appropriate regional 4538 planning councils; and review and make recommendations to the 4539 Legislature relative to the sufficiency of the assessments to 4540 meet state hazardous waste management needs. 4541 Section 127.Subsections (3) and (6) of section 403.7225, 4542 Florida Statutes, are amended to read: 4543 403.7225Local hazardous waste management assessments. 4544 (3)Each county or regional planning council shall 4545 coordinate the local hazardous waste management assessments 4546 within its jurisdiction according to guidelines established 4547 under s. 403.7226. If a county declines to perform the local 4548 hazardous waste management assessment, the county must shall 4549 make arrangements with the department its regional planning 4550 council to perform the assessment. 4551 (6)Unless performed by the county pursuant to subsection 4552 (3), the department regional planning councils shall upon 4553 successful arrangements with a county: 4554 (a)Perform local hazardous waste management assessments; 4555 and 4556 (b)Provide any technical expertise needed by the counties 4557 in developing the assessments. 4558 Section 128.Subsection (1) of section 403.7226, Florida 4559 Statutes, is amended to read: 4560 403.7226Technical assistance by the department.The 4561 department shall: 4562 (1)Provide technical assistance to county governments and 4563 regional planning councils to ensure consistency in implementing 4564 local hazardous waste management assessments as provided in ss. 4565 403.7225, 403.7234, and 403.7236. In order to ensure that each 4566 local assessment is properly implemented and that all 4567 information gathered during the assessment is uniformly compiled 4568 and documented, each county or regional planning council shall 4569 contact the department during the preparation of the local 4570 assessment to receive technical assistance. Each county or 4571 regional planning council shall follow guidelines established by 4572 the department, and adopted by rule as appropriate, in order to 4573 properly implement these assessments. 4574 Section 129.Subsection (2) of section 403.723, Florida 4575 Statutes, is amended to read: 4576 403.723Siting of hazardous waste facilities.It is the 4577 intent of the Legislature to facilitate siting of proper 4578 hazardous waste storage facilities in each region and any 4579 additional storage, treatment, or disposal facilities as 4580 required. The Legislature recognizes the need for facilitating 4581 disposal of waste produced by small generators, reducing the 4582 volume of wastes generated in the state, reducing the toxicity 4583 of wastes generated in the state, and providing treatment and 4584 disposal facilities in the state. 4585 (2)After each county designates areas for storage 4586 facilities, the department each regional planning council shall 4587 designate one or more sites at which a regional hazardous waste 4588 storage or treatment facility could be constructed. 4589 Section 130.Subsection (22) of section 403.9403, Florida 4590 Statutes, is amended to read: 4591 403.9403Definitions.As used in ss. 403.9401-403.9425, the 4592 term: 4593 (22)Regional planning council means a regional planning 4594 council created pursuant to chapter 186 in the jurisdiction of 4595 which the project is proposed to be located. 4596 Section 131.Paragraph (a) of subsection (2) of section 4597 403.941, Florida Statutes, is amended to read: 4598 403.941Preliminary statements of issues, reports, and 4599 studies. 4600 (2)(a)The affected agencies shall prepare reports as 4601 provided in this paragraph and shall submit them to the 4602 department and the applicant within 60 days after the 4603 application is determined sufficient: 4604 1.The department shall prepare a report as to the impact 4605 of each proposed natural gas transmission pipeline or corridor 4606 as it relates to matters within its jurisdiction. 4607 2.Each water management district in the jurisdiction of 4608 which a proposed natural gas transmission pipeline or corridor 4609 is to be located shall prepare a report as to the impact on 4610 water resources and other matters within its jurisdiction. 4611 3.The Department of Commerce shall prepare a report 4612 containing recommendations which address the impact upon the 4613 public of the proposed natural gas transmission pipeline or 4614 corridor, based on the degree to which the proposed natural gas 4615 transmission pipeline or corridor is consistent with the 4616 applicable portions of the state comprehensive plan and other 4617 matters within its jurisdiction. The Department of Commerce may 4618 also comment on the consistency of the proposed natural gas 4619 transmission pipeline or corridor with applicable strategic 4620 regional policy plans or local comprehensive plans and land 4621 development regulations. 4622 4.The Fish and Wildlife Conservation Commission shall 4623 prepare a report as to the impact of each proposed natural gas 4624 transmission pipeline or corridor on fish and wildlife resources 4625 and other matters within its jurisdiction. 4626 5.Each local government in which the natural gas 4627 transmission pipeline or natural gas transmission pipeline 4628 corridor will be located shall prepare a report as to the impact 4629 of each proposed natural gas transmission pipeline or corridor 4630 on matters within its jurisdiction, including the consistency of 4631 the proposed natural gas transmission pipeline or corridor with 4632 all applicable local ordinances, regulations, standards, or 4633 criteria that apply to the proposed natural gas transmission 4634 pipeline or corridor, including local comprehensive plans, 4635 zoning regulations, land development regulations, and any 4636 applicable local environmental regulations adopted pursuant to 4637 s. 403.182 or by other means. No change by the responsible local 4638 government or local agency in local comprehensive plans, zoning 4639 ordinances, or other regulations made after the date required 4640 for the filing of the local governments report required by this 4641 section shall be applicable to the certification of the proposed 4642 natural gas transmission pipeline or corridor unless the 4643 certification is denied or the application is withdrawn. 4644 6.The Department of Transportation shall prepare a report 4645 on the effect of the natural gas transmission pipeline or 4646 natural gas transmission pipeline corridor on matters within its 4647 jurisdiction, including roadway crossings by the pipeline. The 4648 report shall contain at a minimum: 4649 a.A report by the applicant to the department stating that 4650 all requirements of the departments utilities accommodation 4651 guide have been or will be met in regard to the proposed 4652 pipeline or pipeline corridor; and 4653 b.A statement by the department as to the adequacy of the 4654 report to the department by the applicant. 4655 7.The Department of State, Division of Historical 4656 Resources, shall prepare a report on the impact of the natural 4657 gas transmission pipeline or natural gas transmission pipeline 4658 corridor on matters within its jurisdiction. 4659 8.The commission shall prepare a report addressing matters 4660 within its jurisdiction. The commissions report shall include 4661 its determination of need issued pursuant to s. 403.9422. 4662 Section 132.Paragraph (a) of subsection (1) of section 4663 403.9422, Florida Statutes, is amended to read: 4664 403.9422Determination of need for natural gas transmission 4665 pipeline; powers and duties. 4666 (1)(a)Upon request by an applicant or upon its own motion, 4667 the commission shall schedule a public hearing, after notice, to 4668 determine the need for a natural gas transmission pipeline 4669 regulated by ss. 403.9401-403.9425. Such notice shall be 4670 published at least 45 days before the date set for the hearing 4671 and shall be published in at least one-quarter page size in 4672 newspapers of general circulation and in the Florida 4673 Administrative Register, by giving notice to counties and 4674 regional planning councils in whose jurisdiction the natural gas 4675 transmission pipeline could be placed, and by giving notice to 4676 any persons who have requested to be placed on the mailing list 4677 of the commission for this purpose. Within 21 days after receipt 4678 of a request for determination by an applicant, the commission 4679 shall set a date for the hearing. The hearing shall be held 4680 pursuant to s. 350.01 within 75 days after the filing of the 4681 request, and a decision shall be rendered within 90 days after 4682 such filing. 4683 Section 133.Subsection (4) of section 403.973, Florida 4684 Statutes, is amended to read: 4685 403.973Expedited permitting; amendments to comprehensive 4686 plans. 4687 (4)The regional teams shall be established through the 4688 execution of a project-specific memorandum of agreement 4689 developed and executed by the applicant and the secretary, with 4690 input solicited from the respective heads of the Department of 4691 Transportation and its district offices, the Department of 4692 Agriculture and Consumer Services, the Fish and Wildlife 4693 Conservation Commission, appropriate regional planning councils, 4694 appropriate water management districts, and voluntarily 4695 participating municipalities and counties. The memorandum of 4696 agreement should also accommodate participation in this 4697 expedited process by other local governments and federal 4698 agencies as circumstances warrant. 4699 Section 134.Paragraphs (b) and (d) of subsection (1) of 4700 section 408.033, Florida Statutes, are amended to read: 4701 408.033Local and state health planning. 4702 (1)LOCAL HEALTH COUNCILS. 4703 (b)Each local health council may: 4704 1.Develop a district area health plan that permits each 4705 local health council to develop strategies and set priorities 4706 for implementation based on its unique local health needs. 4707 2.Advise the agency on health care issues and resource 4708 allocations. 4709 3.Promote public awareness of community health needs, 4710 emphasizing health promotion and cost-effective health service 4711 selection. 4712 4.Collect data and conduct analyses and studies related to 4713 health care needs of the district, including the needs of 4714 medically indigent persons, and assist the agency and other 4715 state agencies in carrying out data collection activities that 4716 relate to the functions in this subsection. 4717 5.Monitor the onsite construction progress, if any, of 4718 certificate-of-need approved projects and report council 4719 findings to the agency on forms provided by the agency. 4720 6.Advise and assist any regional planning councils within 4721 each district that have elected to address health issues in 4722 their strategic regional policy plans with the development of 4723 the health element of the plans to address the health goals and 4724 policies in the State Comprehensive Plan. 4725 6.7.Advise and assist local governments within each 4726 district on the development of an optional health plan element 4727 of the comprehensive plan provided in chapter 163, to assure 4728 compatibility with the health goals and policies in the State 4729 Comprehensive Plan and district health plan. To facilitate the 4730 implementation of this section, the local health council shall 4731 annually provide the local governments in its service area, upon 4732 request, with: 4733 a.A copy and appropriate updates of the district health 4734 plan; 4735 b.A report of nursing home utilization statistics for 4736 facilities within the local government jurisdiction; and 4737 c.Applicable agency rules and calculated need 4738 methodologies for health facilities and services regulated under 4739 s. 408.034 for the district served by the local health council. 4740 7.8.Monitor and evaluate the adequacy, appropriateness, 4741 and effectiveness, within the district, of local, state, 4742 federal, and private funds distributed to meet the needs of the 4743 medically indigent and other underserved population groups. 4744 8.9.In conjunction with the Department of Health, plan for 4745 services at the local level for persons infected with the human 4746 immunodeficiency virus. 4747 9.10.Provide technical assistance to encourage and support 4748 activities by providers, purchasers, consumers, and local, 4749 regional, and state agencies in meeting the health care goals, 4750 objectives, and policies adopted by the local health council. 4751 10.11.Provide the agency with data required by rule for 4752 the review of certificate-of-need applications and the 4753 projection of need for health facilities in the district. 4754 (d)Each local health council shall enter into a memorandum 4755 of agreement with each regional planning council in its district 4756 that elects to address health issues in its strategic regional 4757 policy plan. In addition, each local health council shall enter 4758 into a memorandum of agreement with each local government that 4759 includes an optional health element in its comprehensive plan. 4760 Each memorandum of agreement must specify the manner in which 4761 each local government, regional planning council, and local 4762 health council will coordinate its activities to ensure a 4763 unified approach to health planning and implementation efforts. 4764 Section 135.Subsection (1) of section 420.609, Florida 4765 Statutes, is amended to read: 4766 420.609Affordable Housing Study Commission.Because the 4767 Legislature firmly supports affordable housing in Florida for 4768 all economic classes: 4769 (1)There is created the Affordable Housing Study 4770 Commission, which shall be composed of 20 21 members to be 4771 appointed by the Governor: 4772 (a)One citizen actively engaged in the residential home 4773 building industry. 4774 (b)One citizen actively engaged in the home mortgage 4775 lending profession. 4776 (c)One citizen actively engaged in the real estate sales 4777 profession. 4778 (d)One citizen actively engaged in apartment development. 4779 (e)One citizen actively engaged in the management and 4780 operation of a rental housing development. 4781 (f)Two citizens who represent very-low-income and low 4782 income persons. 4783 (g)One citizen representing a community-based organization 4784 with experience in housing development. 4785 (h)One citizen representing a community-based organization 4786 with experience in housing development in a community with a 4787 population of less than 50,000 persons. 4788 (i)Two citizens who represent elderly persons housing 4789 interests. 4790 (j)One representative of regional planning councils. 4791 (j)(k)One representative of the Florida League of Cities. 4792 (k)(l)One representative of the Florida Association of 4793 Counties. 4794 (l)(m)Two citizens representing statewide growth 4795 management organizations. 4796 (m)(n)One citizen of the state to serve as chair of the 4797 commission. 4798 (n)(o)One citizen representing a residential community 4799 developer. 4800 (o)(p)One member who is a resident of the state. 4801 (p)(q)One representative from a local housing authority. 4802 (q)(r)One citizen representing the housing interests of 4803 homeless persons. 4804 Section 136.Paragraph (a) of subsection (3) and subsection 4805 (6) of section 473.3065, Florida Statutes, are amended to read: 4806 473.3065Clay Ford Scholarship Program; Certified Public 4807 Accountant Education Minority Assistance Advisory Council. 4808 (3)The board shall adopt rules as necessary for 4809 administration of the Clay Ford Scholarship Program, including 4810 rules relating to the following: 4811 (a)Eligibility criteria for receipt of a scholarship, 4812 which, at a minimum, shall include the following factors: 4813 1.Financial need. 4814 2.Ethnic, gender, or racial minority status pursuant to s. 4815 288.703 s. 288.703(4). 4816 3.Scholastic ability and performance. 4817 (6)There is hereby created the Certified Public Accountant 4818 Education Minority Assistance Advisory Council to assist the 4819 board in administering the Clay Ford Scholarship Program. The 4820 council shall be diverse and representative of the gender, 4821 ethnic, and racial categories set forth in s. 288.703 s. 4822 288.703(4). 4823 (a)The council shall consist of five licensed Florida 4824 certified public accountants selected by the board, of whom one 4825 shall be a board member who serves as chair of the council, one 4826 shall be a representative of the National Association of Black 4827 Accountants, one shall be a representative of the Cuban American 4828 CPA Association, and two shall be selected at large. At least 4829 one member of the council must be a woman. 4830 (b)The board shall determine the terms for initial 4831 appointments and appointments thereafter. 4832 (c)Any vacancy on the council shall be filled in the 4833 manner provided for the selection of the initial member. Any 4834 member appointed to fill a vacancy of an unexpired term shall be 4835 appointed for the remainder of that term. 4836 (d)Three consecutive absences or absences constituting 50 4837 percent or more of the councils meetings within any 12-month 4838 period shall cause the council membership of the member in 4839 question to become void, and the position shall be considered 4840 vacant. 4841 (e)The members of the council shall serve without 4842 compensation, and any necessary and actual expenses incurred by 4843 a member while engaged in the business of the council shall be 4844 borne by such member or by the organization or agency such 4845 member represents. However, the council member who is a member 4846 of the board shall be compensated in accordance with ss. 4847 455.207(4) and 112.061. 4848 Section 137.Paragraph (f) of subsection (1) of section 4849 501.171, Florida Statutes, is amended to read: 4850 501.171Security of confidential personal information. 4851 (1)DEFINITIONS.As used in this section, the term: 4852 (f)Governmental entity means any department, division, 4853 bureau, commission, regional planning agency, board, district, 4854 authority, agency, or other instrumentality of this state that 4855 acquires, maintains, stores, or uses data in electronic form 4856 containing personal information. 4857 Section 138.Section 625.3255, Florida Statutes, is amended 4858 to read: 4859 625.3255Capital participation instrument.An insurer may 4860 invest in any capital participation instrument or evidence of 4861 indebtedness issued by the Department of Commerce pursuant to 4862 the Florida Small and Minority Business Assistance Act. 4863 Section 139.Paragraph (b) of subsection (4) of section 4864 657.042, Florida Statutes, is amended to read: 4865 657.042Investment powers and limitations.A credit union 4866 may invest its funds subject to the following definitions, 4867 restrictions, and limitations: 4868 (4)INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF 4869 CAPITAL OF THE CREDIT UNION.Up to 1 percent of the capital of 4870 the credit union may be invested in any of the following: 4871 (b)Any capital participation instrument or evidence of 4872 indebtedness issued by the Department of Commerce pursuant to 4873 the Florida Small and Minority Business Assistance Act. 4874 Section 140.Paragraph (f) of subsection (4) of section 4875 658.67, Florida Statutes, is amended to read: 4876 658.67Investment powers and limitations.A bank may invest 4877 its funds, and a trust company may invest its corporate funds, 4878 subject to the following definitions, restrictions, and 4879 limitations: 4880 (4)INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS 4881 OF CAPITAL ACCOUNTS. 4882 (f)Up to 10 percent of the capital accounts of a bank or 4883 trust company may be invested in any capital participation 4884 instrument or evidence of indebtedness issued by the Department 4885 of Commerce pursuant to the Florida Small and Minority Business 4886 Assistance Act. 4887 Section 141.Subsection (6) of section 1013.30, Florida 4888 Statutes, is amended to read: 4889 1013.30University campus master plans and campus 4890 development agreements. 4891 (6)Before a campus master plan is adopted, a copy of the 4892 draft master plan must be sent for review or made available 4893 electronically to the host and any affected local governments, 4894 the state land planning agency, the Department of Environmental 4895 Protection, the Department of Transportation, the Department of 4896 State, the Fish and Wildlife Conservation Commission, and the 4897 applicable water management district and regional planning 4898 council. At the request of a governmental entity, a hard copy of 4899 the draft master plan shall be submitted within 7 business days 4900 of an electronic copy being made available. These agencies must 4901 be given 90 days after receipt of the campus master plans in 4902 which to conduct their review and provide comments to the 4903 university board of trustees. The commencement of this review 4904 period must be advertised in newspapers of general circulation 4905 within the host local government and any affected local 4906 government to allow for public comment. Following receipt and 4907 consideration of all comments and the holding of an informal 4908 information session and at least two public hearings within the 4909 host jurisdiction, the university board of trustees shall adopt 4910 the campus master plan. It is the intent of the Legislature that 4911 the university board of trustees comply with the notice 4912 requirements set forth in s. 163.3184(11) to ensure full public 4913 participation in this planning process. The informal public 4914 information session must be held before the first public 4915 hearing. The first public hearing shall be held before the draft 4916 master plan is sent to the agencies specified in this 4917 subsection. The second public hearing shall be held in 4918 conjunction with the adoption of the draft master plan by the 4919 university board of trustees. Campus master plans developed 4920 under this section are not rules and are not subject to chapter 4921 120 except as otherwise provided in this section. 4922 Section 142.For the purpose of incorporating the amendment 4923 made by this act to section 447.203, Florida Statutes, in 4924 references thereto, paragraph (w) of subsection (2) of section 4925 110.205, Florida Statutes, is reenacted to read: 4926 110.205Career service; exemptions. 4927 (2)EXEMPT POSITIONS.The exempt positions that are not 4928 covered by this part include the following: 4929 (w)Managerial employees, as defined in s. 447.203(4), 4930 confidential employees, as defined in s. 447.203(5), and 4931 supervisory employees who spend the majority of their time 4932 communicating with, motivating, training, and evaluating 4933 employees, and planning and directing employees work, and who 4934 have the authority to hire, transfer, suspend, lay off, recall, 4935 promote, discharge, assign, reward, or discipline subordinate 4936 employees or effectively recommend such action, including all 4937 employees serving as supervisors, administrators, and directors. 4938 Excluded are employees also designated as special risk or 4939 special risk administrative support and attorneys who serve as 4940 administrative law judges pursuant to s. 120.65 or for hearings 4941 conducted pursuant to s. 120.57(1)(a). Additionally, registered 4942 nurses licensed under chapter 464, dentists licensed under 4943 chapter 466, psychologists licensed under chapter 490 or chapter 4944 491, nutritionists or dietitians licensed under part X of 4945 chapter 468, pharmacists licensed under chapter 465, 4946 psychological specialists licensed under chapter 491, physical 4947 therapists licensed under chapter 486, and speech therapists 4948 licensed under part I of chapter 468 are excluded, unless 4949 otherwise collectively bargained. 4950 Section 143.For the purpose of incorporating the amendment 4951 made by this act to section 164.1031, Florida Statutes, in a 4952 reference thereto, paragraph (d) of subsection (2) of section 4953 163.3162, Florida Statutes, is reenacted to read: 4954 163.3162Agricultural lands and practices. 4955 (2)DEFINITIONS.As used in this section, the term: 4956 (d)Governmental entity has the same meaning as provided 4957 in s. 164.1031. The term does not include a water management 4958 district, a water control district established under chapter 4959 298, or a special district created by special act for water 4960 management purposes. 4961 Section 144.For the purpose of incorporating the amendment 4962 made by this act to section 164.1031, Florida Statutes, in a 4963 reference thereto, subsection (8) of section 373.129, Florida 4964 Statutes, is reenacted to read: 4965 373.129Maintenance of actions.The department, the 4966 governing board of any water management district, any local 4967 board, or a local government to which authority has been 4968 delegated pursuant to s. 373.103(8), is authorized to commence 4969 and maintain proper and necessary actions and proceedings in any 4970 court of competent jurisdiction for any of the following 4971 purposes: 4972 (8)In conflicts arising where a water management district 4973 is a party to litigation against another governmental entity, as 4974 defined in s. 164.1031, a district has an affirmative duty to 4975 engage in alternative dispute resolution in good faith as 4976 required by chapter 164. 4977 Section 145.For the purpose of incorporating the amendment 4978 made by this act to section 339.155, Florida Statutes, in 4979 references thereto, subsections (1) and (3) of section 339.2819, 4980 Florida Statutes, are reenacted to read: 4981 339.2819Transportation Regional Incentive Program. 4982 (1)There is created within the Department of 4983 Transportation a Transportation Regional Incentive Program for 4984 the purpose of providing funds to improve regionally significant 4985 transportation facilities in regional transportation areas 4986 created pursuant to s. 339.155(4). 4987 (3)The department shall allocate funding available for the 4988 Transportation Regional Incentive Program to the districts based 4989 on a factor derived from equal parts of population and motor 4990 fuel collections for eligible counties in regional 4991 transportation areas created pursuant to s. 339.155(4). 4992 Section 146.For the purpose of incorporating the 4993 amendments made by this act to sections 380.045 and 380.05, 4994 Florida Statutes, in references thereto, subsections (5) and (6) 4995 of section 380.0552, Florida Statutes, are reenacted to read: 4996 380.0552Florida Keys Area; protection and designation as 4997 area of critical state concern. 4998 (5)APPLICATION OF THIS CHAPTER.Section 380.05(1)-(5), 4999 (9)-(11), (15), (17), and (21) shall not apply to the area 5000 designated by this section for so long as the designation 5001 remains in effect. Except as otherwise provided in this section, 5002 s. 380.045 shall not apply to the area designated by this 5003 section. All other provisions of this chapter shall apply, 5004 including s. 380.07. 5005 (6)RESOURCE PLANNING AND MANAGEMENT COMMITTEE.The 5006 Governor, acting as the chief planning officer of the state, 5007 shall appoint a resource planning and management committee for 5008 the Florida Keys Area with the membership as specified in s. 5009 380.045(2). Meetings shall be called as needed by the chair or 5010 on the demand of three or more members of the committee. The 5011 committee shall: 5012 (a)Serve as a liaison between the state and local 5013 governments within Monroe County. 5014 (b)Develop, with local government officials in the Florida 5015 Keys Area, recommendations to the state land planning agency as 5016 to the sufficiency of the Florida Keys Areas comprehensive plan 5017 and land development regulations. 5018 (c)Recommend to the state land planning agency changes to 5019 state and regional plans and regulatory programs affecting the 5020 Florida Keys Area. 5021 (d)Assist units of local government within the Florida 5022 Keys Area in carrying out the planning functions and other 5023 responsibilities required by this section. 5024 (e)Review, at a minimum, all reports and other materials 5025 provided to it by the state land planning agency or other 5026 governmental agencies. 5027 Section 147.For the purpose of incorporating the amendment 5028 made by this act to section 403.507, Florida Statutes, in a 5029 reference thereto, paragraph (a) of subsection (1) of section 5030 403.5064, Florida Statutes, is reenacted to read: 5031 403.5064Application; schedules. 5032 (1)The formal date of filing of a certification 5033 application and commencement of the certification review process 5034 shall be when the applicant submits: 5035 (a)Copies of the certification application in a quantity 5036 and format as prescribed by rule to the department and other 5037 agencies identified in s. 403.507(2)(a). 5038 Section 148.For the purpose of incorporating the amendment 5039 made by this act to section 403.526, Florida Statutes, in a 5040 reference thereto, paragraph (a) of subsection (1) of section 5041 403.5251, Florida Statutes, is reenacted to read: 5042 403.5251Application; schedules. 5043 (1)(a)The formal date of the filing of the application for 5044 certification and commencement of the review process for 5045 certification is the date on which the applicant submits: 5046 1.Copies of the application for certification in a 5047 quantity and format, electronic or otherwise as prescribed by 5048 rule, to the department and other agencies identified in s. 5049 403.526(2). 5050 2.The application fee as specified under s. 403.5365 to 5051 the department. 5052 5053 The department shall provide to the applicant and the Division 5054 of Administrative Hearings the names and addresses of any 5055 additional agencies or persons entitled to notice and copies of 5056 the application and amendments, if any, within 7 days after 5057 receiving the application for certification and the application 5058 fees. 5059 Section 149.For the purpose of incorporating the amendment 5060 made by this act to section 403.526, Florida Statutes, in 5061 references thereto, paragraphs (d) and (f) of subsection (1) of 5062 section 403.5271, Florida Statutes, are reenacted to read: 5063 403.5271Alternate corridors. 5064 (1)No later than 45 days before the originally scheduled 5065 certification hearing, any party may propose alternate 5066 transmission line corridor routes for consideration under the 5067 provisions of this act. 5068 (d)Within 21 days after acceptance of an alternate 5069 corridor by the department and the applicant, the party 5070 proposing an alternate corridor shall have the burden of 5071 providing all data to the agencies listed in s. 403.526(2) and 5072 newly affected agencies necessary for the preparation of a 5073 supplementary report on the proposed alternate corridor. 5074 (f)The agencies listed in s. 403.526(2) and any newly 5075 affected agencies shall file supplementary reports with the 5076 applicant and the department which address the proposed 5077 alternate corridors no later than 24 days after the data 5078 submitted pursuant to paragraph (d) or paragraph (e) is 5079 determined to be complete. 5080 Section 150.For the purpose of incorporating the amendment 5081 made by this act to section 403.941, Florida Statutes, in a 5082 reference thereto, paragraph (c) of subsection (5) of section 5083 403.9421, Florida Statutes, is reenacted to read: 5084 403.9421Fees; disposition.The department shall charge the 5085 applicant the following fees, as appropriate, which shall be 5086 paid into the Florida Permit Fee Trust Fund: 5087 (5)In administering fee revenues received under this 5088 section, the department shall allocate the funds as follows: 5089 (c)The balance of fees remaining shall be used by the 5090 department to reimburse affected agencies included in s. 5091 403.941(2)(a) for costs incurred in application and 5092 postcertification review, respectively. 5093 1.For application processing costs, upon presentation by 5094 an affected agency of a proper itemized accounting within 90 5095 days after the date of the boards order approving certification 5096 or the date on which a pending application is otherwise disposed 5097 of, the department shall reimburse the agencies for authorized 5098 costs from the fee balances remaining. Such reimbursement shall 5099 be authorized for studies and the preparation of any reports 5100 required of the agencies by ss. 403.9401-403.9425, for agency 5101 travel and per diem to attend any hearing held, and for 5102 participation in the proceedings. In the event the amount 5103 available for allocation is insufficient to provide for complete 5104 reimbursement to the agencies, reimbursement shall be on a 5105 prorated basis. If any sums are remaining, the department shall 5106 retain them for use in the same manner as is otherwise 5107 authorized by this section; however, if the certification 5108 application is withdrawn, the remaining sums shall be refunded 5109 to the applicant within 120 days after withdrawal. 5110 2.For postcertification costs, an invoice may be submitted 5111 on an annual basis, commencing from the date of certification, 5112 for expenses incurred by affected agencies conducting 5113 postcertification review work pursuant to the conditions of 5114 certification. In the event the amount available for allocation 5115 is insufficient to provide for complete reimbursement to the 5116 agencies, reimbursement shall be on a prorated basis. 5117 Section 151.This act shall take effect July 1, 2025.