Florida Senate Bill S1264 Comm Sub / Bill

                    ```
Florida Senate - 2025 CS for CS for SB 1264  By the Appropriations Committee on Transportation, Tourism, and Economic Development; the Committee on Commerce and Tourism; and Senator Collins 606-03584-25 20251264c2 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, 288.714, and 331.351, F.S., 8 relating to minority participation; a short title; 9 legislative findings and public purpose; definitions 10 relating to the Florida Regional Planning Council Act; 11 regional planning councils, creation, and membership; 12 regional planning councils, powers and duties; the 13 Executive Office of the Governor, powers and duties; 14 strategic regional policy plans; strategic regional 15 policy plan adoption, consistency with state 16 comprehensive plan; dispute resolution process; 17 evaluation of strategic regional policy plan, changes 18 in plan; designation of regional planning councils; 19 reports; creation of regional planning councils under 20 ch. 163, F.S.; minority business enterprises; the 21 Targeted Marketing Assistance Program; convention 22 grants program; the Florida Minority Business Loan 23 Mobilization Program; black business investment 24 corporations; the Black Business Loan Program; 25 prohibited acts and penalties; eligibility for a loan, 26 loan guarantee, or investment; quarterly and annual 27 reports; and encouragement for the participation by 28 women, minorities, and socially disadvantaged business 29 enterprises, respectively; amending s. 20.60, F.S.; 30 revising the purpose of the Department of Commerce; 31 revising the responsibilities of the Division of 32 Economic Development within the department; assigning 33 responsibility to the division for the Office of 34 Secure Florida within the department; specifying the 35 responsibilities of the office; amending s. 212.08, 36 F.S.; deleting a prohibition that the Department of 37 Revenue may not issue temporary tax exemption 38 certificates after a specified date; amending s. 39 253.025, F.S.; providing an exemption for Federal 40 Government agencies regarding land being reverted to 41 the Board of Trustees of the Internal Improvement 42 Trust Fund if land conveyances are at less than the 43 appraised value; amending s. 287.012, F.S.; deleting 44 the definition of the term minority business 45 enterprise; amending s. 287.042, F.S.; conforming 46 provisions to changes made by the act; amending s. 47 287.09451, F.S.; revising legislative findings; 48 renaming the Office of Supplier Diversity as the 49 Office of Supplier Development; specifying that the 50 purpose and duties of the office are to assist rural 51 or urban business enterprises, rather than minority 52 business enterprises; conforming a provision to 53 changes made by the act; making technical changes; 54 amending s. 287.0947, F.S.; renaming the Florida 55 Advisory Council on Small and Minority Business 56 Development as the Florida Advisory Council on Small, 57 Rural, and Urban Business Development; revising the 58 composition of the councils membership; revising the 59 councils powers and duties; conforming a cross 60 reference; amending s. 288.001, F.S.; revising the 61 criteria for membership of the statewide advisory 62 board of the Florida Small Business Development Center 63 Network; amending s. 288.0065, F.S.; revising the list 64 of information that must be included in the Department 65 of Commerces annual incentives report; amending s. 66 288.1167, F.S.; revising the sports franchise contract 67 provisions for food and beverage concession and 68 contract awards; amending s. 288.1229, F.S.; revising 69 the representational criteria for the board of 70 directors of the Florida Sports Foundation; amending 71 s. 288.7015, F.S.; revising the duties of the states 72 rules ombudsman; amending s. 288.702, F.S.; renaming 73 the Florida Small and Minority Business Assistance Act 74 as the Florida Small Business Act; conforming a cross 75 reference; amending s. 288.703, F.S.; defining, 76 deleting, and revising terms; amending s. 288.705, 77 F.S.; requiring the Small Business Development Center, 78 in coordination with Minority Business Development 79 Centers, to compile and distribute certain information 80 to small businesses and businesses located in rural or 81 urban areas, rather than to minority businesses; 82 revising the list of information that must be included 83 by the Small Business Development Center in its annual 84 report to the Department of Commerce; amending s. 85 288.776, F.S.; deleting a membership requirement of 86 the board of directors of the Florida Export Finance 87 Corporation; creating s. 288.9628, F.S.; providing 88 legislative findings; establishing the Research, 89 Innovation, Science, and Engineering (RISE) Investment 90 Tax Credit Program within the Department of Commerce; 91 providing the purpose for the program; requiring the 92 department to coordinate with the Florida Opportunity 93 Fund and the State Board of Administration for a 94 specified purpose; defining terms; requiring an 95 applicant to apply to the department for authorization 96 to claim tax credits; requiring the department to 97 review and act upon such application within a 98 specified timeframe; requiring the applicant to 99 provide certain information required by the 100 department; specifying the information that must be 101 included in the application; requiring an applicant to 102 update its application if there has been a material 103 change; prohibiting tax credits from exceeding a 104 specified amount in a fiscal year; prohibiting the 105 department from issuing a tax credit to a qualifying 106 private fund until the private fund demonstrates it 107 has received its total capital commitment; prohibiting 108 the department from authorizing more than a specified 109 amount of tax credits to a qualifying private fund in 110 a fiscal year; requiring a qualifying private fund to 111 provide documentation to show that the qualifying 112 investment meets the departments requirements to 113 issue a tax credit; providing that follow-on or add-on 114 capital commitments may only be considered after the 115 follow-on or add-on investment has been deployed; 116 requiring a qualifying private fund to make a 117 specified number of qualified investments in a 118 specified number of qualifying portfolio projects to 119 be eligible for a tax credit; specifying the 120 information that must be included in the submission by 121 a qualifying private fund; authorizing a qualifying 122 private fund to receive tax credits equivalent to a 123 certain percentage of a qualifying investment in a 124 qualifying portfolio company; requiring the department 125 to authorize the Department of Revenue to issue tax 126 credits to a qualifying private fund if certain 127 requirements are met; prohibiting the Department of 128 Revenue from issuing more than a specified fraction of 129 the tax credits authorized for a qualifying investment 130 in a qualifying portfolio company in a fiscal year; 131 authorizing credits received to be applied against the 132 qualifying private funds corporate income tax 133 liability; authorizing a qualifying private fund to 134 transfer or sell any portion of its tax credit; 135 requiring such transfer or sale to take place within a 136 specified timeframe, after which the credit expires; 137 prohibiting such transfer or sale if the department 138 authorizes the credit but the Department of Revenue 139 has not yet issued such credit; authorizing the 140 department to revoke or modify its previous decisions 141 if it is discovered that the qualifying private fund 142 submitted any false statement, representation, or 143 certification in its application or if information in 144 a previous application materially changes; requiring 145 the department to notify the Department of Revenue of 146 any such revocation or modification affecting 147 previously granted tax credits; requiring the 148 qualifying private fund to notify the Department of 149 Revenue of any change in its tax credit claimed; 150 requiring that a qualifying private fund annually 151 report to the department for each investment within a 152 specified timeframe in order to remain eligible to 153 receive tax credits; providing that failure to do so 154 will result in the qualifying private funds tax 155 credit being revoked; requiring a qualifying private 156 fund to submit specified information to the department 157 in order to receive a tax credit; requiring the 158 department to revoke its approval of tax credits for 159 the qualifying investment if it fails to meet certain 160 requirements; requiring the department to issue a 161 notice of revocation and recapture to the qualifying 162 private fund and the Department of Revenue; requiring 163 such qualifying private fund to repay to the 164 department an amount equal to a certain percentage of 165 the tax credits authorized by the department and 166 claimed by a qualifying portfolio company for the 167 qualifying investment; requiring that such funds be 168 deposited into the General Revenue Fund; providing 169 construction; requiring the department to include 170 specified information in its annual incentives report 171 beginning on a specified date and annually thereafter; 172 requiring that a certain percentage of tax credits be 173 made available during a specified period of time for a 174 specified purpose; requiring that all remaining tax 175 credits be made available during a specified period of 176 time on a first-come, first-served basis, subject to 177 eligibility of the qualifying investment; authorizing 178 the department to adopt rules; amending s. 290.0056, 179 F.S.; conforming provisions to changes made by the 180 act; amending s. 290.0057, F.S.; revising enterprise 181 zone development plan requirements to include business 182 investment corporations in rural or urban areas; 183 amending s. 331.302, F.S.; providing that Space 184 Florida is not an agency for purposes of its ability 185 to bid and contract for certain professional and 186 construction services under certain circumstances, and 187 is therefore exempt from certain requirements; 188 providing that moneys received by the person under 189 contract with Space Florida to provide certain goods 190 and services are not state or local government funds; 191 amending s. 445.08, F.S.; revising the minimum 192 eligibility requirements for the Florida Law 193 Enforcement Recruitment Bonus Payment Program for 194 newly employed law enforcement officers; deleting an 195 expiration date; amending s. 447.203, F.S.; revising 196 the definition of the term managerial employees; 197 authorizing local governments to enter into agreements 198 to create regional planning entities; amending ss. 199 17.11, 68.082, 120.52, 120.525, 120.65, 163.3164, 200 163.3177, 163.3178, 163.3184, 163.3245, 163.568, 201 164.1031, 186.003, 186.006, 186.007, 186.008, 186.803, 202 187.201, 212.096, 218.32, 255.101, 255.102, 258.501, 203 260.0142, 287.055, 287.057, 287.0943, 287.09431, 204 288.0001, 288.7031, 288.975, 290.004, 320.08058, 205 335.188, 339.155, 339.175, 339.285, 339.63, 339.64, 206 341.041, 343.54, 366.93, 369.303, 369.307, 373.309, 207 373.415, 376.3072, 377.703, 378.411, 380.031, 380.045, 208 380.05, 380.055, 380.06, 380.061, 380.07, 380.23, 209 380.507, 381.986, 403.031, 403.0752, 403.503, 210 403.50663, 403.507, 403.509, 403.5115, 403.5175, 211 403.518, 403.522, 403.526, 403.5271, 403.5272, 212 403.5363, 403.5365, 403.537, 403.704, 403.7225, 213 403.7226, 403.723, 403.9403, 403.941, 403.9422, 214 403.973, 408.033, 420.609, 473.3065, 501.171, 215 625.3255, 657.042, 658.67, and 1013.30, F.S.; 216 conforming provisions to changes made by the act; 217 revising and conforming cross-references; making 218 technical changes; reenacting s. 110.205(2)(w), F.S., 219 relating to career service exemptions, to incorporate 220 the amendment made to s. 447.203, F.S., in references 221 thereto; reenacting ss. 163.3162(2)(d) and 373.129(8), 222 F.S., relating to agricultural lands and practices and 223 maintenance of actions, respectively, to incorporate 224 the amendment made to s. 164.1031, F.S., in references 225 thereto; reenacting s. 339.2819(1) and (3), F.S., 226 relating to the Transportation Regional Incentive 227 Program, to incorporate the amendment made to s. 228 339.155, F.S., in references thereto; reenacting s. 229 380.0552(5) and (6), F.S., relating to the Florida 230 Keys Area, to incorporate the amendments made to ss. 231 380.045 and 380.05, F.S., in references thereto; 232 reenacting s. 403.5064(1)(a), F.S., relating to 233 application schedules, to incorporate the amendment 234 made to s. 403.507, F.S., in a reference thereto; 235 reenacting ss. 403.5251(1)(a) and 403.5271(1)(d) and 236 (f), F.S., relating to application and schedules and 237 alternate corridors, respectively, to incorporate the 238 amendment made to s. 403.526, F.S., in references 239 thereto; reenacting s. 403.9421(5)(c), F.S., relating 240 to fees and disposition, to incorporate the amendment 241 made to s. 403.941, F.S., in a reference thereto; 242 providing an effective date. 243 244 Be It Enacted by the Legislature of the State of Florida: 245 246 Section 1.Section 24.113, Florida Statutes, is repealed. 247 Section 2.Section 186.501, Florida Statutes, is repealed. 248 Section 3.Section 186.502, Florida Statutes, is repealed. 249 Section 4.Section 186.503, Florida Statutes, is repealed. 250 Section 5.Section 186.504, Florida Statutes, is repealed. 251 Section 6.Section 186.505, Florida Statutes, is repealed. 252 Section 7.Section 186.506, Florida Statutes, is repealed. 253 Section 8.Section 186.507, Florida Statutes, is repealed. 254 Section 9.Section 186.508, Florida Statutes, is repealed. 255 Section 10.Section 186.509, Florida Statutes, is repealed. 256 Section 11.Section 186.511, Florida Statutes, is repealed. 257 Section 12.Section 186.512, Florida Statutes, is repealed. 258 Section 13.Section 186.513, Florida Statutes, is repealed. 259 Section 14.Section 186.515, Florida Statutes, is repealed. 260 Section 15.Section 287.0931, Florida Statutes, is 261 repealed. 262 Section 16.Section 288.12266, Florida Statutes, is 263 repealed. 264 Section 17.Section 288.124, Florida Statutes, is repealed. 265 Section 18.Section 288.706, Florida Statutes, is repealed. 266 Section 19.Section 288.7094, Florida Statutes, is 267 repealed. 268 Section 20.Section 288.7102, Florida Statutes, is 269 repealed. 270 Section 21.Section 288.71025, Florida Statutes, is 271 repealed. 272 Section 22.Section 288.7103, Florida Statutes, is 273 repealed. 274 Section 23.Section 288.714, Florida Statutes, is repealed. 275 Section 24.Section 331.351, Florida Statutes, is repealed. 276 Section 25.Paragraphs (e) and (k) of subsection (4) and 277 paragraph (a) of subsection (5) of section 20.60, Florida 278 Statutes, are amended to read: 279 20.60Department of Commerce; creation; powers and duties. 280 (4)The purpose of the department is to assist the Governor 281 in working with the Legislature, state agencies, business 282 leaders, and economic development professionals to formulate and 283 implement coherent and consistent policies and strategies 284 designed to promote economic opportunities for all Floridians. 285 The department is the states chief agency for business 286 recruitment and expansion and economic development. To 287 accomplish such purposes, the department shall: 288 (e)Manage the activities of public-private partnerships 289 and state agencies in order to avoid duplication and promote 290 coordinated and consistent implementation of programs in areas 291 including, but not limited to, tourism; international trade and 292 investment; business recruitment, creation, retention, and 293 expansion; minority and small business development; business 294 development in rural or urban areas; defense, space, and 295 aerospace development; rural community development; and the 296 development and promotion of professional and amateur sporting 297 events. 298 (k)Assist, promote, and enhance economic opportunities for 299 this states minority-owned businesses and rural or and urban 300 communities. 301 (5)The divisions within the department have specific 302 responsibilities to achieve the duties, responsibilities, and 303 goals of the department. Specifically: 304 (a)The Division of Economic Development shall: 305 1.Analyze and evaluate business prospects identified by 306 the Governor and the secretary. 307 2.Administer certain tax refund, tax credit, and grant 308 programs created in law. Notwithstanding any other provision of 309 law, the department may expend interest earned from the 310 investment of program funds deposited in the Grants and 311 Donations Trust Fund to contract for the administration of those 312 programs, or portions of the programs, assigned to the 313 department by law, by the appropriations process, or by the 314 Governor. Such expenditures are shall be subject to review under 315 chapter 216. 316 3.Develop measurement protocols for the state incentive 317 programs and for the contracted entities which will be used to 318 determine their performance and competitive value to the state. 319 Performance measures, benchmarks, and sanctions must be 320 developed in consultation with the legislative appropriations 321 committees and the appropriate substantive committees, and are 322 subject to the review and approval process provided in s. 323 216.177. The approved performance measures, standards, and 324 sanctions must shall be included and made a part of the 325 strategic plan for contracts entered into for delivery of 326 programs authorized by this section. 327 4.Develop a 5-year statewide strategic plan. The strategic 328 plan must include, but need not be limited to: 329 a.Strategies for the promotion of business formation, 330 expansion, recruitment, and retention through aggressive 331 marketing, attraction of venture capital and finance 332 development, domestic trade, international development, and 333 export assistance, which lead to more and better jobs and higher 334 wages for all geographic regions, disadvantaged communities, and 335 populations of the state, including rural areas, minority 336 businesses, and urban core areas. 337 b.The development of realistic policies and programs to 338 further the economic diversity of the state, its regions, and 339 their associated industrial clusters. 340 c.Specific provisions for the stimulation of economic 341 development and job creation in rural areas and midsize cities 342 and counties of the state, including strategies for rural 343 marketing and the development of infrastructure in rural areas. 344 d.Provisions for the promotion of the successful long-term 345 economic development of the state with increased emphasis in 346 market research and information. 347 e.Plans for the generation of foreign investment in the 348 state which create jobs paying above-average wages and which 349 result in reverse investment in the state, including programs 350 that establish viable overseas markets, assist in meeting the 351 financing requirements of export-ready firms, broaden 352 opportunities for international joint venture relationships, use 353 the resources of academic and other institutions, coordinate 354 trade assistance and facilitation services, and facilitate 355 availability of and access to education and training programs 356 that assure requisite skills and competencies necessary to 357 compete successfully in the global marketplace. 358 f.The identification of business sectors that are of 359 current or future importance to the states economy and to the 360 states global business image, and development of specific 361 strategies to promote the development of such sectors. 362 g.Strategies for talent development necessary in the state 363 to encourage economic development growth, taking into account 364 factors such as the states talent supply chain, education and 365 training opportunities, and available workforce. 366 h.Strategies and plans to support this states defense, 367 space, and aerospace industries and the emerging complementary 368 business activities and industries that support the development 369 and growth of defense, space, and aerospace in this state. 370 5.Update the strategic plan every 5 years. 371 6.Involve CareerSource Florida, Inc.; direct-support 372 organizations of the department; local governments; the general 373 public; local and regional economic development organizations; 374 other local, state, and federal economic, international, and 375 workforce development entities; the business community; and 376 educational institutions to assist with the strategic plan. 377 7.Coordinate with the Florida Tourism Industry Marketing 378 Corporation in the development of the 4-year marketing plan 379 pursuant to s. 288.1226(13). 380 8.Administer and manage relationships, as appropriate, 381 with the entities and programs created pursuant to the Florida 382 Capital Formation Act, ss. 288.9621-288.96255. 383 9.Establish the Office of Secure Florida. The office is 384 responsible for administering and enforcing: 385 a.E-Verify and employment authorization compliance, as set 386 forth in ss. 448.09 and 448.095. 387 b.The prohibition against the purchase and registration of 388 real property in this state by foreign principals, as set forth 389 in ss. 692.203 and 692.204. 390 Section 26.Paragraph (r) of subsection (5) of section 391 212.08, Florida Statutes, is amended to read: 392 212.08Sales, rental, use, consumption, distribution, and 393 storage tax; specified exemptions.The sale at retail, the 394 rental, the use, the consumption, the distribution, and the 395 storage to be used or consumed in this state of the following 396 are hereby specifically exempt from the tax imposed by this 397 chapter. 398 (5)EXEMPTIONS; ACCOUNT OF USE. 399 (r)Data center property. 400 1.As used in this paragraph, the term: 401 a.Critical IT load means that portion of electric power 402 capacity, expressed in terms of megawatts, which is reserved 403 solely for owners or tenants of a data center to operate their 404 computer server equipment. The term does not include any 405 ancillary load for cooling, lighting, common areas, or other 406 equipment. 407 b.Cumulative capital investment means the combined total 408 of all expenses incurred by the owners or tenants of a data 409 center after July 1, 2017, in connection with acquiring, 410 constructing, installing, equipping, or expanding the data 411 center. However, the term does not include any expenses incurred 412 in the acquisition of improved real property operating as a data 413 center at the time of acquisition or within 6 months before the 414 acquisition. 415 c.Data center means a facility that: 416 (I)Consists of one or more contiguous parcels in this 417 state, along with the buildings, substations and other 418 infrastructure, fixtures, and personal property located on the 419 parcels; 420 (II)Is used exclusively to house and operate equipment 421 that receives, stores, aggregates, manages, processes, 422 transforms, retrieves, researches, or transmits data; or that is 423 necessary for the proper operation of equipment that receives, 424 stores, aggregates, manages, processes, transforms, retrieves, 425 researches, or transmits data; 426 (III)Has a critical IT load of 15 megawatts or higher, and 427 a critical IT load of 1 megawatt or higher dedicated to each 428 individual owner or tenant within the data center; and 429 (IV)Is constructed on or after July 1, 2017. 430 d.Data center property means property used exclusively 431 at a data center to construct, outfit, operate, support, power, 432 cool, dehumidify, secure, or protect a data center and any 433 contiguous dedicated substations. The term includes, but is not 434 limited to, construction materials, component parts, machinery, 435 equipment, computers, servers, installations, redundancies, and 436 operating or enabling software, including any replacements, 437 updates and new versions, and upgrades to or for such property, 438 regardless of whether the property is a fixture or is otherwise 439 affixed to or incorporated into real property. The term also 440 includes electricity used exclusively at a data center. 441 2.Data center property is exempt from the tax imposed by 442 this chapter, except for the tax imposed by s. 212.031. To be 443 eligible for the exemption provided by this paragraph, the data 444 centers owners and tenants must make a cumulative capital 445 investment of $150 million or more for the data center and the 446 data center must have a critical IT load of 15 megawatts or 447 higher and a critical IT load of 1 megawatt or higher dedicated 448 to each individual owner or tenant within the data center. Each 449 of these requirements must be satisfied no later than 5 years 450 after the commencement of construction of the data center. 451 3.a.To receive the exemption provided by this paragraph, 452 the person seeking the exemption must apply to the department 453 for a temporary tax exemption certificate. The application must 454 state that a qualifying data center designation is being sought 455 and provide information that the requirements of subparagraph 2. 456 will be met. Upon a tentative determination by the department 457 that the data center will meet the requirements of subparagraph 458 2., the department must issue the certificate. 459 b.(I)The certificateholder shall maintain all necessary 460 books and records to support the exemption provided by this 461 paragraph. Upon satisfaction of all requirements of subparagraph 462 2., the certificateholder must deliver the temporary tax 463 certificate to the department together with documentation 464 sufficient to show the satisfaction of the requirements. Such 465 documentation must include written declarations, pursuant to s. 466 92.525, from: 467 (A)A professional engineer, licensed pursuant to chapter 468 471, certifying that the critical IT load requirement set forth 469 in subparagraph 2. has been satisfied at the data center; and 470 (B)A Florida certified public accountant, as defined in s. 471 473.302, certifying that the cumulative capital investment 472 requirement set forth in subparagraph 2. has been satisfied for 473 the data center. 474 475 The professional engineer and the Florida certified public 476 accountant may not be professionally related with the data 477 centers owners, tenants, or contractors, except that they may 478 be retained by a data center owner to certify that the 479 requirements of subparagraph 2. have been met. 480 (II)If the department determines that the subparagraph 2. 481 requirements have been satisfied, the department must issue a 482 permanent tax exemption certificate. 483 (III)Notwithstanding s. 212.084(4), the permanent tax 484 exemption certificate remains valid and effective for as long as 485 the data center described in the exemption application continues 486 to operate as a data center as defined in subparagraph 1., with 487 review by the department every 5 years to ensure compliance. As 488 part of the review, the certificateholder shall, within 3 months 489 before the end of any 5-year period, submit a written 490 declaration, pursuant to s. 92.525, certifying that the critical 491 IT load of 15 megawatts or higher and the critical IT load of 1 492 megawatt or higher dedicated to each individual owner or tenant 493 within the data center required by subparagraph 2. continues to 494 be met. All owners, tenants, contractors, and others purchasing 495 exempt data center property shall maintain all necessary books 496 and records to support the exemption as to those purchases. 497 (IV)Notwithstanding s. 213.053, the department may share 498 information concerning a temporary or permanent data center 499 exemption certificate among all owners, tenants, contractors, 500 and others purchasing exempt data center property pursuant to 501 such certificate. 502 c.If, in an audit conducted by the department, it is 503 determined that the certificateholder or any owners, tenants, 504 contractors, or others purchasing, renting, or leasing data 505 center property do not meet the criteria of this paragraph, the 506 amount of taxes exempted at the time of purchase, rental, or 507 lease is immediately due and payable to the department from the 508 purchaser, renter, or lessee of those particular items, together 509 with the appropriate interest and penalty computed from the date 510 of purchase in the manner prescribed by this chapter. 511 Notwithstanding s. 95.091(3)(a), any tax due as provided in this 512 sub-subparagraph may be assessed by the department within 6 513 years after the date the data center property was purchased. 514 d.Purchasers, lessees, and renters of data center property 515 who qualify for the exemption provided by this paragraph shall 516 obtain from the data center a copy of the tax exemption 517 certificate issued pursuant to sub-subparagraph a. or sub 518 subparagraph b. Before or at the time of purchase of the item or 519 items eligible for exemption, the purchaser, lessee, or renter 520 shall provide to the seller a copy of the tax exemption 521 certificate and a signed certificate of entitlement. Purchasers, 522 lessees, and renters with self-accrual authority shall maintain 523 all documentation necessary to prove the exempt status of 524 purchases. 525 e.For any purchase, lease, or rental of property that is 526 exempt pursuant to this paragraph, the possession of a copy of a 527 tax exemption certificate issued pursuant to sub-subparagraph a. 528 or sub-subparagraph b. and a signed certificate of entitlement 529 relieves the seller of the responsibility of collecting the tax 530 on the sale, lease, or rental of such property, and the 531 department must look solely to the purchaser, renter, or lessee 532 for recovery of the tax if it determines that the purchase, 533 rental, or lease was not entitled to the exemption. 534 4.After June 30, 2027, the department may not issue a 535 temporary tax exemption certificate pursuant to this paragraph. 536 Section 27.Paragraph (d) of subsection (21) of section 537 253.025, Florida Statutes, is amended to read: 538 253.025Acquisition of state lands. 539 (21) 540 (d)A conveyance at less than appraised value must state 541 that the land will revert to the board of trustees if the land 542 is not used for its intended purposes as a military installation 543 buffer or if the military installation closes. Federal 544 Government agencies, including the Department of Defense and its 545 subordinate Departments of the Army, Navy, and Air Force, and 546 the Department of Homeland Securitys United States Coast Guard, 547 are exempt from this paragraph if the primary purpose of 548 remaining as a military installation buffer continues, even 549 though the specific military purpose, mission, and function on 550 the conveyed land is modified or changes from that which was 551 present or proposed at the time of the conveyance. 552 Section 28.Subsection (18) of section 287.012, Florida 553 Statutes, is amended to read: 554 287.012Definitions.As used in this part, the term: 555 (18)Minority business enterprise has the same meaning as 556 provided in s. 288.703. 557 Section 29.Paragraph (a) of subsection (2) and paragraph 558 (b) of subsection (3) of section 287.042, Florida Statutes, are 559 amended to read: 560 287.042Powers, duties, and functions.The department shall 561 have the following powers, duties, and functions: 562 (2)(a)To establish purchasing agreements and procure state 563 term contracts for commodities and contractual services, 564 pursuant to s. 287.057, under which state agencies shall, and 565 eligible users may, make purchases pursuant to s. 287.056. The 566 department may restrict purchases from some term contracts to 567 state agencies only for those term contracts where the inclusion 568 of other governmental entities will have an adverse effect on 569 competition or to those federal facilities located in this 570 state. In such planning or purchasing the Office of Supplier 571 Development Diversity may monitor to ensure that opportunities 572 are afforded for contracting with rural or urban minority 573 business enterprises. The department, for state term contracts, 574 and all agencies, for multiyear contractual services or term 575 contracts, shall explore reasonable and economical means to 576 utilize certified rural or urban minority business enterprises. 577 Purchases by any county, municipality, private nonprofit 578 community transportation coordinator designated pursuant to 579 chapter 427, while conducting business related solely to the 580 Commission for the Transportation Disadvantaged, or other local 581 public agency under the provisions in the state purchasing 582 contracts, and purchases, from the corporation operating the 583 correctional work programs, of products or services that are 584 subject to paragraph (1)(f), are exempt from the competitive 585 solicitation requirements otherwise applying to their purchases. 586 (3)To establish a system of coordinated, uniform 587 procurement policies, procedures, and practices to be used by 588 agencies in acquiring commodities and contractual services, 589 which shall include, but not be limited to: 590 (b)1.Development of procedures for advertising 591 solicitations. These procedures must provide for electronic 592 posting of solicitations for at least 10 days before the date 593 set for receipt of bids, proposals, or replies, unless the 594 department or other agency determines in writing that a shorter 595 period of time is necessary to avoid harming the interests of 596 the state. The Office of Supplier Development Diversity may 597 consult with the department regarding the development of 598 solicitation distribution procedures to ensure that maximum 599 distribution is afforded to certified rural or urban minority 600 business enterprises as defined in s. 288.703. 601 2.Development of procedures for electronic posting. The 602 department shall designate a centralized website on the Internet 603 for the department and other agencies to electronically post 604 solicitations, decisions or intended decisions, and other 605 matters relating to procurement. 606 Section 30.Section 287.09451, Florida Statutes, is amended 607 to read: 608 287.09451Office of Supplier Development Diversity; powers, 609 duties, and functions. 610 (1)The Legislature finds that there is evidence of a 611 systematic pattern of past and continuing racial discrimination 612 against rural or urban minority business enterprises and a 613 disparity in the availability and use of such rural or urban 614 minority business enterprises in the state procurement system. 615 It is determined to be a compelling state interest to rectify 616 such discrimination and disparity. Based upon statistical data 617 profiling this discrimination, the Legislature has enacted race 618 conscious and gender-conscious remedial programs to ensure rural 619 or urban minority participation in the economic life of the 620 state, in state contracts for the purchase of commodities and 621 services, and in construction contracts. The purpose and intent 622 of this section is to increase participation by minority 623 business enterprises in rural or urban areas, accomplished by 624 encouraging the use of such rural or urban minority business 625 enterprises and the entry of new and diversified rural or urban 626 minority business enterprises into the marketplace. 627 (2)The Office of Supplier Development Diversity is 628 established within the Department of Management Services to 629 assist minority business enterprises located in rural or urban 630 areas in becoming suppliers of commodities, services, and 631 construction to state government. 632 (3)The secretary shall appoint an executive director for 633 the Office of Supplier Development Diversity, who shall serve at 634 the pleasure of the secretary. 635 (4)The Office of Supplier Development has Diversity shall 636 have the following powers, duties, and functions: 637 (a)To adopt rules to determine what constitutes a good 638 faith effort for purposes of state agency compliance with the 639 rural or urban minority business enterprise procurement goals 640 set forth in s. 287.042. Factors which must shall be considered 641 by the Minority Business Enterprise Assistance Office in 642 determining good faith effort must shall include, but are not be 643 limited to: 644 1.Whether the agency scheduled presolicitation or prebid 645 meetings for the purpose of informing rural or urban minority 646 business enterprises of contracting and subcontracting 647 opportunities. 648 2.Whether the contractor advertised in general 649 circulation, trade association, or rural-focused or urban 650 focused minority-focus media concerning the subcontracting 651 opportunities. 652 3.Whether the agency effectively used services and 653 resources of available rural or urban minority community 654 organizations; minority contractors groups located in rural or 655 urban areas; local, state, and federal minority business 656 assistance offices urban businesses located in rural or urban 657 areas; and other organizations that provide assistance in the 658 recruitment and placement of rural or urban minority business 659 enterprises or minority persons. 660 4.Whether the agency provided written notice to a 661 reasonable number of rural or urban minority business 662 enterprises that their interest in contracting with the agency 663 was being solicited in sufficient time to allow the rural or 664 urban minority business enterprises to participate effectively. 665 (b)To adopt rules to determine what constitutes a good 666 faith effort for purposes of contractor compliance with 667 contractual requirements relating to the use of services or 668 commodities of a rural or urban minority business enterprise 669 under s. 287.094(2). Factors which must shall be considered by 670 the Office of Supplier Development Diversity in determining 671 whether a contractor has made good faith efforts must shall 672 include, but are not be limited to: 673 1.Whether the contractor attended any presolicitation or 674 prebid meetings that were scheduled by the agency to inform 675 rural or urban minority business enterprises of contracting and 676 subcontracting opportunities. 677 2.Whether the contractor advertised in general 678 circulation, trade association, or rural-focused or urban 679 focused minority-focus media concerning the subcontracting 680 opportunities. 681 3.Whether the contractor provided written notice to a 682 reasonable number of specific rural or urban minority business 683 enterprises that their interest in the contract was being 684 solicited in sufficient time to allow the rural or urban 685 minority business enterprises to participate effectively. 686 4.Whether the contractor followed up initial solicitations 687 of interest by contacting rural or urban minority business 688 enterprises or minority persons to determine with certainty 689 whether the rural or urban minority business enterprises or 690 minority persons were interested. 691 5.Whether the contractor selected portions of the work to 692 be performed by rural or urban minority business enterprises in 693 order to increase the likelihood of meeting the rural or urban 694 minority business enterprise procurement goals, including, where 695 appropriate, breaking down contracts into economically feasible 696 units to facilitate rural or urban minority business enterprise 697 participation. 698 6.Whether the contractor provided interested rural or 699 urban minority business enterprises or minority persons with 700 adequate information about the plans, specifications, and 701 requirements of the contract or the availability of jobs. 702 7.Whether the contractor negotiated in good faith with 703 interested rural or urban minority business enterprises or 704 minority persons, not rejecting rural or urban minority business 705 enterprises or minority persons as unqualified without sound 706 reasons based on a thorough investigation of their capabilities. 707 8.Whether the contractor effectively used the services of 708 available rural or urban minority community organizations; rural 709 or urban minority contractors groups; local, state, and federal 710 rural or urban minority business assistance offices; and other 711 organizations that provide assistance in the recruitment and 712 placement of rural or urban minority business enterprises or 713 minority persons. 714 (c)To adopt rules and do all things necessary or 715 convenient to guide all state agencies toward making 716 expenditures for commodities, contractual services, 717 construction, and architectural and engineering services with 718 certified rural or urban minority business enterprises in 719 accordance with the rural or urban minority business enterprise 720 procurement goals set forth in s. 287.042. 721 (d)To monitor the degree to which agencies procure 722 services, commodities, and construction from rural or urban 723 minority business enterprises in conjunction with the Department 724 of Financial Services as specified in s. 17.11. 725 (e)To receive and disseminate information relative to 726 procurement opportunities, availability of rural or urban 727 minority business enterprises, and technical assistance. 728 (f)To advise agencies on methods and techniques for 729 achieving procurement objectives. 730 (g)To provide a central rural or urban minority business 731 enterprise certification process which includes independent 732 verification of status as a rural or urban minority business 733 enterprise. 734 (h)To develop procedures to investigate complaints against 735 rural or urban minority business enterprises or contractors 736 alleged to violate any provision related to this section or s. 737 287.0943, that may include visits to worksites or business 738 premises, and to refer all information on businesses suspected 739 of misrepresenting its rural or urban minority status to the 740 Department of Management Services for investigation. When an 741 investigation is completed and there is reason to believe that a 742 violation has occurred, the matter shall be referred to the 743 office of the Attorney General, Department of Legal Affairs, for 744 prosecution. 745 (i)To maintain a directory of all rural or urban minority 746 business enterprises which have been certified and provide this 747 information to any agency or business requesting it. 748 (j)To encourage all firms which do more than $1 million in 749 business with the state within a 12-month period to develop, 750 implement, and submit to this office a rural or urban minority 751 business development plan. 752 (k)To communicate on a monthly basis with the Small and 753 Minority Business Advisory Council to keep the council informed 754 on issues relating to rural or urban minority enterprise 755 procurement. 756 (l)To serve as an advocate for rural or urban minority 757 business enterprises, and coordinate with the small, rural, and 758 minority business ombudsman, as defined in s. 288.703, which 759 duties shall include: 760 1.Ensuring that agencies supported by state funding 761 effectively target the delivery of services and resources, as 762 related to rural or urban minority business enterprises. 763 2.Establishing standards within each industry with which 764 the state government contracts on how agencies and contractors 765 may provide the maximum practicable opportunity for rural or 766 urban minority business enterprises. 767 3.Assisting agencies and contractors by providing outreach 768 to rural or urban minority businesses, by specifying and 769 monitoring technical and managerial competence for rural or 770 urban minority business enterprises, and by consulting in 771 planning of agency procurement to determine how best to provide 772 opportunities for rural or urban minority business enterprises. 773 4.Integrating technical and managerial assistance for 774 rural or urban minority business enterprises with government 775 contracting opportunities. 776 (m)To certify rural or urban minority business 777 enterprises, as defined in s. 288.703, and as specified in ss. 778 287.0943 and 287.09431, and shall recertify such rural or urban 779 minority businesses at least once every 2 years. Rural or urban 780 Minority business enterprises must be recertified at least once 781 every 2 years. Such certifications may include an electronic 782 signature. 783 (n)1.To develop procedures to be used by an agency in 784 identifying commodities, contractual services, architectural and 785 engineering services, and construction contracts, except those 786 architectural, engineering, construction, or other related 787 services or contracts subject to the provisions of chapter 339, 788 that could be provided by rural or urban minority business 789 enterprises. Each agency is encouraged to spend 21 percent of 790 the moneys actually expended for construction contracts, 25 791 percent of the moneys actually expended for architectural and 792 engineering contracts, 24 percent of the moneys actually 793 expended for commodities, and 50.5 percent of the moneys 794 actually expended for contractual services during the previous 795 fiscal year, except for the state university construction 796 program which are shall be based upon public education capital 797 outlay projections for the subsequent fiscal year, and reported 798 to the Legislature pursuant to s. 216.023, for the purpose of 799 entering into contracts with certified rural or urban minority 800 business enterprises as defined in s. 288.703, or approved joint 801 ventures. However, in the event of budget reductions pursuant to 802 s. 216.221, the base amounts may be adjusted to reflect such 803 reductions. The overall spending goal for each industry category 804 shall be subdivided as follows: 805 a.For construction contracts: 4 percent for black 806 Americans, 6 percent for Hispanic-Americans, and 11 percent for 807 American women. 808 b.For architectural and engineering contracts: 9 percent 809 for Hispanic-Americans, 1 percent for Asian-Americans, and 15 810 percent for American women. 811 c.For commodities: 2 percent for black Americans, 4 812 percent for Hispanic-Americans, 0.5 percent for Asian-Americans, 813 0.5 percent for Native Americans, and 17 percent for American 814 women. 815 d.For contractual services: 6 percent for black Americans, 816 7 percent for Hispanic-Americans, 1 percent for Asian-Americans, 817 0.5 percent for Native Americans, and 36 percent for American 818 women. 819 2.For the purposes of commodities contracts for the 820 purchase of equipment to be used in the construction and 821 maintenance of state transportation facilities involving the 822 Department of Transportation, the term terms certified rural or 823 urban minority business enterprise has the same meaning as and 824 minority person have the same meanings as provided in s. 825 288.703. In order to ensure that the goals established under 826 this paragraph for contracting with certified rural or urban 827 minority business enterprises are met, the department, with the 828 assistance of the Office of Supplier Development Diversity, 829 shall make recommendations to the Legislature on revisions to 830 the goals, based on an updated statistical analysis, at least 831 once every 5 years. Such recommendations must shall be based on 832 statistical data indicating the availability of and disparity in 833 the use of rural or urban minority businesses contracting with 834 the state. 835 3.In determining the base amounts for assessing compliance 836 with this paragraph, the Office of Supplier Development 837 Diversity may develop, by rule, guidelines for all agencies to 838 use in establishing such base amounts. These rules must include, 839 but are not limited to, guidelines for calculation of base 840 amounts, a deadline for the agencies to submit base amounts, a 841 deadline for approval of the base amounts by the Office of 842 Supplier Development Diversity, and procedures for adjusting the 843 base amounts as a result of budget reductions made pursuant to 844 s. 216.221. 845 4.To determine guidelines for the use of price 846 preferences, weighted preference formulas, or other preferences, 847 as appropriate to the particular industry or trade, to increase 848 the participation of rural or urban minority businesses in state 849 contracting. These guidelines must shall include consideration 850 of: 851 a.Size and complexity of the project. 852 b.The concentration of transactions with rural or urban 853 minority business enterprises for the commodity or contractual 854 services in question in prior agency contracting. 855 c.The specificity and definition of work allocated to 856 participating rural or urban minority business enterprises. 857 d.The capacity of participating rural or urban minority 858 business enterprises to complete the tasks identified in the 859 project. 860 e.The available pool of rural or urban minority business 861 enterprises as prime contractors, either alone or as partners in 862 an approved joint venture that serves as the prime contractor. 863 5.To determine guidelines for use of joint ventures to 864 meet rural or urban minority business enterprises spending 865 goals. For purposes of this section, the term joint venture 866 means any association of two or more business concerns to carry 867 out a single business enterprise for profit, for which purpose 868 they combine their property, capital, efforts, skills, and 869 knowledge. The guidelines must shall allow transactions with 870 joint ventures to be eligible for credit against the rural or 871 urban minority business enterprise goals of an agency when the 872 contracting joint venture demonstrates that at least one partner 873 to the joint venture is a certified rural or urban minority 874 business enterprise as defined in s. 288.703, and that such 875 partner is responsible for a clearly defined portion of the work 876 to be performed, and shares in the ownership, control, 877 management, responsibilities, risks, and profits of the joint 878 venture. Such demonstration must shall be by verifiable 879 documents and sworn statements and may be reviewed by the Office 880 of Supplier Development Diversity at or before the time a 881 contract bid, proposal, or reply is submitted. An agency may 882 count toward its rural or urban minority business enterprise 883 goals a portion of the total dollar amount of a contract equal 884 to the percentage of the ownership and control held by the 885 qualifying certified rural or urban minority business partners 886 in the contracting joint venture, so long as the joint venture 887 meets the guidelines adopted by the office. 888 (o)1.To establish a system to record and measure the use 889 of certified rural or urban minority business enterprises in 890 state contracting. This system must shall maintain information 891 and statistics on certified rural or urban minority business 892 enterprise participation, awards, dollar volume of expenditures 893 and agency goals, and other appropriate types of information to 894 analyze progress in the access of certified rural or urban 895 minority business enterprises to state contracts and to monitor 896 agency compliance with this section. Such reporting must 897 include, but is not limited to, the identification of all 898 subcontracts in state contracting by dollar amount and by number 899 of subcontracts and the identification of the utilization of 900 certified rural or urban minority business enterprises as prime 901 contractors and subcontractors by dollar amounts of contracts 902 and subcontracts, number of contracts and subcontracts, minority 903 status, industry, and any conditions or circumstances that 904 significantly affected the performance of subcontractors. 905 Agencies shall report their compliance with the requirements of 906 this reporting system at least annually and at the request of 907 the office. All agencies shall cooperate with the office in 908 establishing this reporting system. Except in construction 909 contracting, all agencies shall review contracts costing in 910 excess of CATEGORY FOUR as defined in s. 287.017 to determine 911 whether if such contracts could be divided into smaller 912 contracts to be separately solicited and awarded, and shall, 913 when economical, offer such smaller contracts to encourage rural 914 or urban minority participation. 915 2.To report agency compliance with the provisions of 916 subparagraph 1. for the preceding fiscal year to the Governor 917 and Cabinet, the President of the Senate, and the Speaker of the 918 House of Representatives on or before February 1 of each year. 919 The report must contain, at a minimum, the following: 920 a.Total expenditures of each agency by industry. 921 b.The dollar amount and percentage of contracts awarded to 922 certified rural or urban minority business enterprises by each 923 state agency. 924 c.The dollar amount and percentage of contracts awarded 925 indirectly to certified rural or urban minority business 926 enterprises as subcontractors by each state agency. 927 d.The total dollar amount and percentage of contracts 928 awarded to certified rural or urban minority business 929 enterprises, whether directly or indirectly, as subcontractors. 930 e.A statement and assessment of good faith efforts taken 931 by each state agency. 932 f.A status report of agency compliance with subsection 933 (6), as determined by the Rural or Urban Minority Business 934 Enterprise Office. 935 (5)(a)Each agency shall, at the time the specifications or 936 designs are developed or contract sizing is determined for any 937 proposed procurement costing in excess of CATEGORY FOUR, as 938 defined in s. 287.017, forward a notice to the Office of 939 Supplier Development Diversity of the proposed procurement and 940 any determination on the designs of specifications of the 941 proposed procurement that impose requirements on prospective 942 vendors, no later than 30 days before prior to the issuance of a 943 solicitation, except that this provision does shall not apply to 944 emergency acquisitions. The 30-day notice period does shall not 945 toll the time for any other procedural requirements. 946 (b)If the Office of Supplier Development Diversity 947 determines that the proposed procurement will not likely allow 948 opportunities for rural or urban minority business enterprises, 949 the office may, within 20 days after it receives the information 950 specified in paragraph (a), propose the implementation of rural 951 or urban minority business enterprise utilization provisions or 952 submit alternative procurement methods that would significantly 953 increase rural or urban minority business enterprise contracting 954 opportunities. 955 (c)Whenever the agency and the Office of Supplier 956 Development Diversity disagree, the matter must shall be 957 submitted for determination to the head of the agency or the 958 senior-level official designated pursuant to this section as 959 liaison for rural or urban minority business enterprise issues. 960 (d)If the proposed procurement proceeds to competitive 961 solicitation, the office is hereby granted standing to protest, 962 pursuant to this section, in a timely manner, any contract award 963 during competitive solicitation for contractual services and 964 construction contracts that fail to include rural or urban 965 minority business enterprise participation, if any responsible 966 and responsive vendor has demonstrated the ability to achieve 967 any level of participation, or, any contract award for 968 commodities where, a reasonable and economical opportunity to 969 reserve a contract, statewide or district level, for rural or 970 urban minority participation was not executed or, an agency 971 failed to adopt an applicable preference for rural or urban 972 minority participation. The bond requirement is shall be waived 973 for the office purposes of this subsection. 974 (e)An agency may presume that a vendor offering no rural 975 or urban minority participation has not made a good faith effort 976 when other vendors offer rural or urban minority participation 977 of firms listed as relevant to the agencys purchasing needs in 978 the pertinent locality or statewide to complete the project. 979 (f)Paragraph (a) will not apply when the Office of 980 Supplier Development Diversity determines that an agency has 981 established a work plan to allow advance consultation and 982 planning with rural or urban minority business enterprises and 983 where such plan clearly demonstrates: 984 1.A high level of advance planning by the agency with 985 rural or urban minority business enterprises. 986 2.A high level of accessibility, knowledge, and experience 987 by rural or urban minority business enterprises in the agencys 988 contract decisionmaking process. 989 3.A high quality of agency monitoring and enforcement of 990 internal implementation of rural or urban minority business 991 utilization provisions. 992 4.A high quality of agency monitoring and enforcement of 993 contractor utilization of rural or urban minority business 994 enterprises, especially tracking subcontractor data, and 995 ensuring the integrity of subcontractor reporting. 996 5.A high quality of agency outreach, agency networking of 997 major vendors with rural or urban minority vendors, and 998 innovation in techniques to improve utilization of rural or 999 urban minority business enterprises. 1000 6.Substantial commitment, sensitivity, and proactive 1001 attitude by the agency head and among the agency rural or urban 1002 minority business staff. 1003 (6)Each state agency shall coordinate its rural or urban 1004 minority business enterprise procurement activities with the 1005 Office of Supplier Development Diversity. At a minimum, each 1006 agency shall: 1007 (a)Adopt a rural or urban minority business enterprise 1008 utilization plan for review and approval by the Office of 1009 Supplier Development Diversity which should require meaningful 1010 and useful methods to attain the legislative intent in assisting 1011 rural or urban minority business enterprises. 1012 (b)Designate a senior-level employee in the agency as a 1013 rural or urban minority enterprise assistance officer, 1014 responsible for overseeing the agencys rural or urban minority 1015 business utilization activities, and who is not also charged 1016 with purchasing responsibility. A senior-level agency employee 1017 and agency purchasing officials is shall be accountable to the 1018 agency head for the agencys rural or urban minority business 1019 utilization performance. The Office of Supplier Development 1020 Diversity shall advise each agency on compliance performance. 1021 (c)If an agency deviates significantly from its 1022 utilization plan in 2 consecutive or 3 out of 5 total fiscal 1023 years, the Office of Supplier Development Diversity may review 1024 any and all solicitations and contract awards of the agency as 1025 deemed necessary until such time as the agency meets its 1026 utilization plan. 1027 Section 31.Section 287.0947, Florida Statutes, is amended 1028 to read: 1029 287.0947Florida Advisory Council on Small, Rural, and 1030 Urban and Minority Business Development; creation; membership; 1031 duties. 1032 (1)The Secretary of Management Services may create the 1033 Florida Advisory Council on Small, Rural, and Urban and Minority 1034 Business Development with the purpose of advising and assisting 1035 the secretary in carrying out the secretarys duties with 1036 respect to rural or urban minority businesses and economic and 1037 business development. It is the intent of the Legislature that 1038 the membership of such council include practitioners, 1039 laypersons, financiers, and others with business development 1040 experience who can provide invaluable insight and expertise for 1041 this state in the diversification of its markets and networking 1042 of business opportunities. The council shall initially be 1043 composed consist of 19 persons, each of whom is or has been 1044 actively engaged in small, rural, or urban and minority business 1045 development, either in private industry, in governmental 1046 service, or as a scholar of recognized achievement in the study 1047 of such matters. Initially, the council shall be composed 1048 consist of members representing all regions of this the state 1049 and shall include at least one member from each group identified 1050 within the definition of minority person in s. 288.703 s. 1051 288.703(4), considering also gender and nationality subgroups, 1052 and shall be composed consist of the following: 1053 (a)Four members consisting of representatives of local and 1054 federal small, rural, or urban and minority business assistance 1055 programs or community development programs. 1056 (b)Eight members representing composed of representatives 1057 of the rural or urban minority private business sectors sector, 1058 including certified rural or urban minority business enterprises 1059 and rural or urban minority supplier development councils, among 1060 whom at least two are shall be women and at least four are shall 1061 be minority persons. 1062 (c)Two representatives of local government, one of whom is 1063 shall be a representative of a large local government, and one 1064 of whom is shall be a representative of a small local 1065 government. 1066 (d)Two representatives from the banking and insurance 1067 industry. 1068 (e)Two members from the private business sector, 1069 representing the construction and commodities industries. 1070 (f)The Secretary of Commerce or his or her designee. 1071 1072 A candidate for appointment may be considered if eligible to be 1073 certified as an owner of a rural or urban minority business 1074 enterprise, or if otherwise qualified under the criteria above. 1075 Vacancies may be filled by appointment of the secretary, in the 1076 manner of the original appointment. 1077 (2)Each appointed member shall serve for a term of 2 years 1078 from the date of appointment, except that a vacancy must shall 1079 be filled by appointment for the remainder of the unexpired 1080 term. The council shall annually elect a chair and a vice chair. 1081 The council shall adopt internal procedures or bylaws necessary 1082 for efficient operations. Members of the council shall serve 1083 without compensation or honorarium but shall be entitled to per 1084 diem and travel expenses pursuant to s. 112.061 for the 1085 performance of duties for the council. The executive 1086 administrator of the commission may remove a council member for 1087 cause. 1088 (3)Within 30 days after its initial meeting, the council 1089 shall elect from among its members a chair and a vice chair. 1090 (4)The council shall meet at the call of its chair, at the 1091 request of a majority of its membership, at the request of the 1092 commission or its executive administrator, or at such times as 1093 may be prescribed by rule, but not less than once a year, to 1094 offer its views on issues related to small, rural, or urban and 1095 minority business development of concern to this state. A 1096 majority of the members of the council shall constitute a 1097 quorum. 1098 (5)The powers and duties of the council include, but are 1099 not limited to the following: researching and reviewing the role 1100 of small, rural, or urban and minority businesses in the states 1101 economy; reviewing issues and emerging topics relating to small, 1102 rural, or urban and minority business economic development; 1103 studying the ability of financial markets and institutions to 1104 meet small business credit needs and determining the impact of 1105 government demands on credit for small, rural, or urban 1106 businesses; assessing the implementation of s. 187.201(21), 1107 requiring a state economic development comprehensive plan, as it 1108 relates to small and certified rural or urban business 1109 enterprises as defined in s. 288.703 minority businesses; 1110 assessing the reasonableness and effectiveness of efforts by any 1111 state agency or by all state agencies collectively to assist 1112 rural or urban minority business enterprises; and advising the 1113 Governor, the secretary, and the Legislature on matters relating 1114 to small, rural, or urban and minority business development 1115 which are of importance to the international strategic planning 1116 and activities of this state. 1117 (6)On or before January 1 of each year, the council shall 1118 present an annual report to the secretary that sets forth in 1119 appropriate detail the business transacted by the council during 1120 the year and any recommendations to the secretary, including 1121 those to improve business opportunities for small, rural, or 1122 urban and minority business enterprises. 1123 Section 32.Paragraph (b) of subsection (4) of section 1124 288.001, Florida Statutes, is amended, and paragraph (b) of 1125 subsection (3) is reenacted, to read: 1126 288.001The Florida Small Business Development Center 1127 Network. 1128 (3)OPERATION; POLICIES AND PROGRAMS. 1129 (b)The networks statewide director shall consult with the 1130 Board of Governors, the department, and the networks statewide 1131 advisory board to ensure that the networks policies and 1132 programs align with the statewide goals of the State University 1133 System and the statewide strategic economic development plan as 1134 provided under s. 20.60. 1135 (4)STATEWIDE ADVISORY BOARD. 1136 (b)The statewide advisory board shall be composed consist 1137 of 19 members from across the state. At least 12 members must be 1138 representatives of the private sector who are knowledgeable of 1139 the needs and challenges of small businesses. The members must 1140 represent various segments and industries of the economy in this 1141 state and must bring knowledge and skills to the statewide 1142 advisory board which would enhance the boards collective 1143 knowledge of small business assistance needs and challenges. 1144 Minority and gender Representation for this states rural or 1145 urban areas must be considered when making appointments to the 1146 board. The board must include the following members: 1147 1.Three members appointed from the private sector by the 1148 President of the Senate. 1149 2.Three members appointed from the private sector by the 1150 Speaker of the House of Representatives. 1151 3.Three members appointed from the private sector by the 1152 Governor. 1153 4.Three members appointed from the private sector by the 1154 networks statewide director. 1155 5.One member appointed by the host institution. 1156 6.The Secretary of Commerce, or his or her designee. 1157 7.The Chief Financial Officer, or his or her designee. 1158 8.The President of the Florida Chamber of Commerce, or his 1159 or her designee. 1160 9.The Small Business Development Center Project Officer 1161 from the U.S. Small Business Administration at the South Florida 1162 District Office, or his or her designee. 1163 10.The executive director of the National Federation of 1164 Independent Businesses, Florida, or his or her designee. 1165 11.The executive director of the Florida United Business 1166 Association, or his or her designee. 1167 Section 33.Subsection (8) of section 288.0065, Florida 1168 Statutes, is amended to read: 1169 288.0065Annual incentives report.By December 30 of each 1170 year, the department shall provide the Governor, the President 1171 of the Senate, and the Speaker of the House of Representatives a 1172 detailed incentives report quantifying the economic benefits for 1173 all of the economic development incentive programs administered 1174 by the department and its public-private partnerships. The 1175 annual incentives report must include: 1176 (8)A description of the trends relating to business 1177 interest in, and usage of, the various incentives, and the 1178 number of small minority-owned or woman-owned businesses and 1179 businesses in rural or urban areas receiving incentives. 1180 Section 34.Section 288.1167, Florida Statutes, is amended 1181 to read: 1182 288.1167Sports franchise contract provisions for food and 1183 beverage concession and contract awards to minority business 1184 enterprises in rural or urban areas.Any applicant who receives 1185 funding pursuant to the provisions of s. 212.20 must demonstrate 1186 that: 1187 (1)Funds and facilities with respect to food and beverage 1188 and related concessions shall be awarded to certified rural or 1189 urban small minority business enterprises as defined in s. 1190 288.703 on the same terms and conditions as the general food and 1191 beverage concessionaire and in accordance with the rural or 1192 urban minority business enterprise procurement goals set forth 1193 in s. 287.09451; 1194 (2)At least 15 percent of a company contracted to manage a 1195 professional sports franchise facility or a spring training 1196 franchise facility is owned by certified rural or urban minority 1197 business enterprises or by a minority person as that term is 1198 those terms are defined in s. 288.703; or 1199 (3)At least 15 percent of all operational service 1200 contracts with a professional sports franchise facility or a 1201 spring training franchise facility are awarded to certified 1202 rural or urban minority business enterprises as that term is 1203 defined in s. 288.703 or to a minority person located in a rural 1204 or urban area as those terms are defined in s. 288.703. 1205 Section 35.Paragraph (b) of subsection (2) of section 1206 288.1229, Florida Statutes, is amended to read: 1207 288.1229Promotion and development of sports-related 1208 industries and amateur athletics; direct-support organization 1209 established; powers and duties. 1210 (2)The Florida Sports Foundation must: 1211 (b)Be governed by a board of directors, which must be 1212 composed consist of up to 15 members appointed by the Governor. 1213 In making appointments, the Governor shall must consider a 1214 potential members background in community service and sports 1215 activism in, and financial support of, the sports industry, 1216 professional sports, or organized amateur athletics. Members 1217 must be residents of the state and highly knowledgeable about or 1218 active in professional or organized amateur sports. 1219 1.The board must contain representatives of all 1220 geographical regions of the state and must represent ethnic and 1221 gender diversity. 1222 2.The terms of office of the members shall be 4 years. No 1223 member may serve more than two consecutive terms. The Governor 1224 may remove any member for cause and shall fill all vacancies 1225 that occur. 1226 Section 36.Subsection (2) of section 288.7015, Florida 1227 Statutes, is amended to read: 1228 288.7015Appointment of rules ombudsman; duties.The 1229 Governor shall appoint a rules ombudsman, as defined in s. 1230 288.703, in the Executive Office of the Governor, for 1231 considering the impact of agency rules on the states citizens 1232 and businesses. The duties of the rules ombudsman are to: 1233 (2)Review state agency rules that adversely or 1234 disproportionately impact businesses, particularly those 1235 relating to small and certified rural or urban business 1236 enterprise as that term is defined in s. 288.703 minority 1237 businesses. 1238 Section 37.Section 288.702, Florida Statutes, is amended 1239 to read: 1240 288.702Short title.This section and ss. 288.703-288.705 1241 ss. 288.703-288.706 may be cited as the Florida Small and 1242 Minority Business Assistance Act. 1243 Section 38.Section 288.703, Florida Statutes, is amended 1244 to read: 1245 288.703Definitions.As used in ss. 288.702-288.705 ss. 1246 288.702-288.706, the term: 1247 (1)Certified rural or urban business enterprise means a 1248 business located in a defined geographic area within this state 1249 where one of the following conditions has been documented in the 1250 most recent census conducted by the Bureau of the Census of the 1251 United States Department of Commerce: 1252 a.Per capita income in the area is less than 80 percent of 1253 this states per capita income. 1254 b.The unemployment rate in the area has been greater than 1255 the unemployment rate for this state by more than 1 percent over 1256 the previous 24 months from the time the comparison is made. 1257 Certified minority business enterprise means a business which 1258 has been certified by the certifying organization or 1259 jurisdiction in accordance with s. 287.0943(1) and (2). 1260 (2)Financial institution means any bank, trust company, 1261 insurance company, savings and loan association, credit union, 1262 federal lending agency, or foundation. 1263 (3)Minority business enterprise means any small business 1264 concern as defined in subsection (6) which is organized to 1265 engage in commercial transactions, which is domiciled in 1266 Florida, and which is at least 51-percent-owned by minority 1267 persons who are members of an insular group that is of a 1268 particular racial, ethnic, or gender makeup or national origin, 1269 which has been subjected historically to disparate treatment due 1270 to identification in and with that group resulting in an 1271 underrepresentation of commercial enterprises under the groups 1272 control, and whose management and daily operations are 1273 controlled by such persons. A minority business enterprise may 1274 primarily involve the practice of a profession. Ownership by a 1275 minority person does not include ownership which is the result 1276 of a transfer from a nonminority person to a minority person 1277 within a related immediate family group if the combined total 1278 net asset value of all members of such family group exceeds $1 1279 million. For purposes of this subsection, the term related 1280 immediate family group means one or more children under 16 1281 years of age and a parent of such children or the spouse of such 1282 parent residing in the same house or living unit. 1283 (3)(4)Minority person means a lawful, permanent resident 1284 of Florida who is: 1285 (a)An African American, a person having origins in any of 1286 the black racial groups of the African Diaspora, regardless of 1287 cultural origin. 1288 (b)A Hispanic American, a person of Spanish or Portuguese 1289 culture with origins in Spain, Portugal, Mexico, South America, 1290 Central America, or the Caribbean, regardless of race. 1291 (c)An Asian American, a person having origins in any of 1292 the original peoples of the Far East, Southeast Asia, the Indian 1293 Subcontinent, or the Pacific Islands, including the Hawaiian 1294 Islands before 1778. 1295 (d)A Native American, a person who has origins in any of 1296 the Indian Tribes of North America before 1835, upon 1297 presentation of proper documentation thereof as established by 1298 rule of the Department of Management Services. 1299 (e)An American woman. 1300 (4)(5)Ombudsman means an office or individual whose 1301 responsibilities include coordinating with the Office of 1302 Supplier Development Diversity for the interests of and 1303 providing assistance to rural or urban small and minority 1304 business enterprises in dealing with governmental agencies and 1305 in developing proposals for changes in state agency rules. 1306 (5)(6)Small business means an independently owned and 1307 operated business concern that employs 200 or fewer permanent 1308 full-time employees and that, together with its affiliates, has 1309 a net worth of not more than $5 million or any firm based in 1310 this state which has a Small Business Administration 8(a) 1311 certification. As applicable to sole proprietorships, the $5 1312 million net worth requirement includes shall include both 1313 personal and business investments. 1314 Section 39.Section 288.705, Florida Statutes, is amended 1315 to read: 1316 288.705Statewide contracts register.All state agencies 1317 shall in a timely manner provide the Florida Small Business 1318 Development Center Procurement System with all formal 1319 solicitations for contractual services, supplies, and 1320 commodities. The Small Business Development Center shall 1321 coordinate with Minority Business Development Centers to compile 1322 and distribute this information to small and rural or urban 1323 minority businesses requesting such service for the period of 1324 time necessary to familiarize the business with the market 1325 represented by state agencies. On or before February 1 of each 1326 year, the Small Business Development Center shall report to the 1327 department on the use of the statewide contracts register. The 1328 report must shall include, but not be limited to, information 1329 relating to: 1330 (1)The total number of solicitations received from state 1331 agencies during the calendar year. 1332 (2)The number of solicitations received from each state 1333 agency during the calendar year. 1334 (3)The method of distributing solicitation information to 1335 businesses requesting such service. 1336 (4)The total number of businesses using the service. 1337 (5)The percentage of businesses using the service which 1338 are owned and controlled by minorities. 1339 (5)(6)The percentage of service-disabled veteran business 1340 enterprises using the service. 1341 Section 40.Subsection (1) of section 288.776, Florida 1342 Statutes, is amended to read: 1343 288.776Board of directors; powers and duties. 1344 (1)(a)The corporation shall have a board of directors 1345 consisting of 15 members representing all geographic areas of 1346 this the state. Minority and gender representation must be 1347 considered when making appointments to the board. The board 1348 membership must include: 1349 1.A representative of the following businesses, all of 1350 which must be registered to do business in this state: a foreign 1351 bank, a state bank, a federal bank, an insurance company 1352 involved in covering trade financing risks, and a small or 1353 medium-sized exporter. 1354 2.The following persons or their designee: the Secretary 1355 of Commerce, the Chief Financial Officer, the Secretary of 1356 State, and a senior official of the United States Department of 1357 Commerce. 1358 (b)Appointees who are not state or Federal Government 1359 officials shall serve for a term of 3 years and shall be 1360 eligible for reappointment. Nonstate and nonfederal official 1361 vacancies on the board shall be filled by the board within 30 1362 days after the effective date of the vacancy. 1363 Section 41.Section 288.9628, Florida Statutes, is created 1364 to read: 1365 288.9628Research, Innovation, Science, and Engineering 1366 (RISE) Investment Tax Credit Program. 1367 (1)LEGISLATIVE FINDINGS.The Legislature finds that 1368 strengthening the states early-stage business ecosystem and 1369 supporting cutting-edge innovation are essential for fostering 1370 innovation and economic growth. The early-stage business 1371 ecosystem, fueled by the states colleges, universities, and 1372 private industry growth, represents significant opportunity for 1373 the state to retain entrepreneurial talent and provides an 1374 overall benefit for jobseekers, job creators, families, 1375 communities, and the states economy. 1376 (2)RISE PROGRAM CREATED.There is established within the 1377 department the Research, Innovation, Science, and Engineering 1378 (RISE) Investment Tax Credit Program. The purpose of the program 1379 is to increase venture capital investment in this state. The 1380 department shall coordinate with the Florida Opportunity Fund 1381 and the State Board of Administration in reviewing and approving 1382 applications for tax credits under this section. 1383 (3)DEFINITIONS.As used in this section, the term: 1384 (a)Accredited investor has the same meaning as in s. 1385 517.021. 1386 (b)Advisory affiliate has the same meaning as in s. 1387 517.12(22). 1388 (c)Affiliate has the same meaning as in s. 517.021. 1389 (d)Applicant means an advisory affiliate, an exempt 1390 reporting adviser, or an investment adviser who submits or 1391 updates an application on behalf of a qualifying private fund. 1392 (e)Associated person has the same meaning as in s. 1393 517.021. 1394 (f)Company means any business in this state, or a 1395 business with more than 50 percent of its workforce in this 1396 state, with 500 or fewer employees, and which is engaged in a 1397 project. 1398 (g)Department means the Department of Commerce. 1399 (h)Exempt reporting adviser has the same meaning as in 1400 s. 517.12(22). 1401 (i)Investment adviser has the same meaning as in s. 1402 517.021. 1403 (j)Investor means any person or entity that has made a 1404 capital contribution to a qualifying private fund. 1405 (k)Private fund adviser has the same meaning as in s. 1406 517.12(22). 1407 (l)Project means research and development that leads to 1408 or is anticipated to lead to the creation of new or useful 1409 improvement of technologies, agricultural technologies, devices, 1410 processes, machines, manufacturing, or composition of matter. A 1411 project may result from the innovative activities of a company 1412 or research at a university or college in this state. 1413 (m)Qualifying investment has the same meaning as in 17 1414 C.F.R. s. 275.203(l)-1(c)(3) and, for purposes of this section, 1415 includes investment in one or more companies or projects. 1416 (n)Qualifying portfolio company has the same meaning as 1417 in 17 C.F.R. s. 275.203(l)-1(c)(4) and, for purposes of this 1418 section, includes a company as defined in this subsection. 1419 (o)Qualifying private fund has the same meaning as in s. 1420 517.12(22) and includes an angel investor group as defined in s. 1421 517.021. 1422 (p)Total capital commitment means the total amount of 1423 cash funding the qualifying private fund intends to raise to 1424 make one or more qualifying investments in one or more 1425 qualifying portfolio companies. 1426 (4)APPLICATION. 1427 (a)An applicant must apply to the department for 1428 authorization to claim RISE tax credits under this section. The 1429 department must review and approve or deny a complete 1430 application within 60 calendar days after the complete 1431 application has been submitted. 1432 (b)An applicant must demonstrate to the departments 1433 satisfaction within 12 months after the complete application has 1434 been submitted that the qualifying private fund has received at 1435 least the total capital commitment contained in its application. 1436 (c)The application must include, at a minimum: 1437 1.The names of any accredited investors, advisory 1438 affiliates, affiliates, associated persons, exempt reporting 1439 advisers, investment advisers, or private fund advisers 1440 associated with the qualifying private fund, if there are any at 1441 the time of application. 1442 2.The names of any investors in the qualifying private 1443 fund, if there are any at the time of application. 1444 3.The estimated total number of qualifying investments in 1445 qualifying portfolio companies. 1446 4.The total capital commitment of the qualifying private 1447 fund. 1448 (d)If, at any time after an applicant has submitted a 1449 complete application, there has been a material change that 1450 affects the accuracy or completeness of the information 1451 contained in the application, the applicant must update its 1452 application. 1453 (5)TAX CREDITS; GENERALLY. 1454 (a)The amount of tax credits available pursuant to this 1455 section in a fiscal year may not exceed $100 million. 1456 (b)The department may not issue a tax credit to a 1457 qualifying private fund until the qualifying private fund 1458 demonstrates that it has received its total capital commitment. 1459 (c)The department may not authorize more than $10 million 1460 in tax credits to a qualifying private fund in a fiscal year. 1461 (6)TAX CREDITS; SUBMISSION AND AUTHORIZATION. 1462 (a)To receive tax credits, a qualifying private fund must 1463 provide documentation that demonstrates to the departments 1464 reasonable satisfaction that the qualifying investment meets the 1465 requirements of this section. For purposes of this section, 1466 follow-on or add-on commitments may only be considered by the 1467 department after the follow-on or add-on investment has been 1468 deployed. 1469 (b)A qualifying private fund must make at least one 1470 qualified investment in at least one qualifying portfolio 1471 project to be eligible to receive tax credits under this 1472 section. 1473 (c)Each submission by a qualifying private fund to receive 1474 tax credits for a qualifying investment in a qualifying 1475 portfolio company must include, at a minimum, all of the 1476 following: 1477 1.The amount of cash deployed by the qualifying private 1478 fund to a qualifying investment in a qualifying portfolio 1479 company. 1480 2.The total number of employees employed by the qualifying 1481 portfolio company. 1482 3.The total number of Florida-based, full-time equivalent 1483 employees employed by the qualifying portfolio company. 1484 (7)TAX CREDITS; RECEIPT; REVOCATION. 1485 (a)A qualifying private fund may receive tax credits 1486 equivalent to 25 percent of a qualifying investment in a 1487 qualifying portfolio company. 1488 (b)Upon a determination by the department that the 1489 qualifying investment meets the requirements of this section, 1490 the department shall authorize the Department of Revenue to 1491 issue tax credits to the qualifying private fund. 1492 (c)The Department of Revenue may not issue more than one 1493 fifth of the tax credits authorized for a qualifying investment 1494 in a qualifying portfolio company in a fiscal year. 1495 (d)Credits received pursuant to this section may be 1496 applied against the qualifying private funds corporate income 1497 tax liability. A qualifying private fund may elect to sell or 1498 transfer, in whole or in part, any tax credit issued under this 1499 section. An election to sell or transfer any tax credit received 1500 pursuant to this section must be made no later than 5 years 1501 after the date the credit is received by the qualifying private 1502 fund, after which the credit expires and may not be used. A 1503 qualifying private fund may not sell or transfer credits that 1504 have been authorized by the department but not yet issued by the 1505 Department of Revenue. 1506 (e)The department may revoke or modify any written 1507 decision qualifying, certifying, or otherwise granting 1508 eligibility for tax credits under this section if it is 1509 discovered that the qualifying private fund submitted any false 1510 statement, representation, or certification in any application 1511 filed in an attempt to receive tax credits under this section, 1512 or if the information in a previously completed application 1513 materially changes. The department must immediately notify the 1514 Department of Revenue of any revoked or modified orders 1515 affecting previously granted tax credits. Additionally, the 1516 qualifying private fund must notify the Department of Revenue of 1517 any change in its tax credit claimed. 1518 (8)COMPLIANCE. 1519 (a)A qualifying private fund must annually report to the 1520 department for each qualifying investment for 5 years after 1521 authorization to receive credits. Failure to do so will result 1522 in the qualifying private funds tax credit being revoked. 1523 (b)In order to receive a tax credit, a qualifying fund 1524 must submit to the department all of the following: 1525 1.A certification that there have been no material changes 1526 to the information contained in the application or, if material 1527 changes have occurred since the submission of the application, a 1528 disclosure containing all material changes. 1529 2.Documentation supporting the total number of full-time 1530 equivalent employees employed by the qualifying portfolio 1531 company. 1532 3.Documentation supporting the total number of full-time 1533 equivalent employees employed in this state by the qualifying 1534 portfolio company. 1535 4.Documentation supporting that the qualifying private 1536 fund has not exited its position from the qualifying portfolio 1537 company through acquisition by a company not based in this 1538 state. 1539 (9)SANCTIONS. 1540 (a)If a qualifying investment fails to meet the 1541 requirements of paragraph (8)(a) or paragraph (8)(b), the 1542 department must revoke its approval of tax credits for the 1543 qualifying investment. The department shall issue a notice of 1544 revocation and recapture to the qualifying private fund and the 1545 Department of Revenue. The qualifying private fund must repay to 1546 the department an amount equal to 50 percent of the tax credits 1547 authorized by the department and claimed by a qualifying 1548 portfolio company for the qualifying investment. Recaptured 1549 funds must be deposited into the General Revenue Fund. 1550 (b)If the department determines that the qualifying 1551 private fund submitted any false statement, representation, or 1552 certification in any application as provided in paragraph 1553 (7)(e), the department must revoke its approval of tax credits 1554 for the qualifying investment. The department shall issue a 1555 notice of revocation and recapture to the qualifying private 1556 fund and the Department of Revenue. The qualifying private fund 1557 must repay to the department an amount equal to 100 percent of 1558 the tax credits authorized by the department and claimed by a 1559 qualifying portfolio company for the qualifying investment. 1560 Recaptured funds must be deposited into the General Revenue 1561 Fund. 1562 (10)CONSTRUCTION.For purposes of this section and part 1563 III of chapter 692, committed capital invested in a qualifying 1564 portfolio company by a venture capital fund may not be construed 1565 as having ownership of the qualifying portfolio company. 1566 (11)REPORTING.Beginning December 30, 2026, the department 1567 shall include the amounts of tax credits authorized and 1568 received, the total number of jobs created, and the total number 1569 of jobs created in this state in its annual incentives report 1570 required under s. 288.0065. 1571 (12)PRIORITY OF TAX CREDITS.Fifty percent of the tax 1572 credits provided in this section must be made available from 1573 July 1 to December 31 of each year to provide tax credits for 1574 qualifying investments in qualifying portfolio companies located 1575 in a rural community as defined in s. 288.0656. All remaining 1576 tax credits must be made available from January 1 to June 30 of 1577 each year on a first-come, first-served basis, subject to the 1578 eligibility of the qualifying investment. 1579 (13)RULEMAKING.The department is authorized to adopt 1580 rules to implement this section. 1581 Section 42.Subsection (10) of section 290.0056, Florida 1582 Statutes, is amended to read: 1583 290.0056Enterprise zone development agency. 1584 (10)Contingent upon approval by the governing body, the 1585 agency may invest in community investment corporations which 1586 conduct, or agree to conduct, loan guarantee programs assisting 1587 rural or urban minority business enterprises located in the 1588 enterprise zone. In making such investments, the agency shall 1589 first attempt to invest in existing community investment 1590 corporations providing services in the enterprise zone. Such 1591 investments shall be made under conditions required by law and 1592 as the agency may require, including, but not limited to: 1593 (a)The funds invested by the agency shall be used to 1594 provide loan guarantees to individuals for rural or urban 1595 minority business enterprises located in the enterprise zone. 1596 (b)The community investment corporation may not approve 1597 any application for a loan guarantee unless the person applying 1598 for the loan guarantee shows that he or she has applied for the 1599 loan or loan guarantee through normal banking channels and that 1600 the loan or loan guarantee has been refused by at least one bank 1601 or other financial institution. 1602 Section 43.Paragraph (f) of subsection (1) of section 1603 290.0057, Florida Statutes, is amended to read: 1604 290.0057Enterprise zone development plan. 1605 (1)Any application for designation as a new enterprise 1606 zone must be accompanied by a strategic plan adopted by the 1607 governing body of the municipality or county, or the governing 1608 bodies of the county and one or more municipalities together. At 1609 a minimum, the plan must: 1610 (f)Identify the amount of local and private resources that 1611 will be available in the nominated area and the private/public 1612 partnerships to be used, which may include participation by, and 1613 cooperation with, universities, community colleges, small 1614 business development centers, black business investment 1615 corporations in rural or urban areas as defined in s. 288.703, 1616 certified development corporations, and other private and public 1617 entities. 1618 Section 44.Subsection (4) of section 331.302, Florida 1619 Statutes, is amended to read: 1620 331.302Space Florida; creation; purpose. 1621 (4)Space Florida is not an agency as defined in ss. 1622 216.011, and 287.012, and 287.055. Space Florida is exempt from 1623 the bidding requirements in s. 255.20 when Space Florida engages 1624 in professional or construction services, or both, under an 1625 arrangement with a person in which: 1626 (a)The person offering personal or construction goods or 1627 services is not subject to the requirements of s. 287.055; 1628 (b)Space Florida and the person execute a contract with 1629 terms acceptable to Space Florida; and 1630 (c)The person provides to Space Florida by contract an 1631 unqualified representation and warranty that the payments by the 1632 person to Space Florida in return for the possession and use of 1633 the project by the person will not be derived, directly or 1634 indirectly, from state or local government funds. 1635 1636 For purposes of this subsection, moneys received by the person 1637 contracted to provide goods produced and services provided from 1638 government entities in the ordinary course of its operation of 1639 the project are not state or local government funds. 1640 Section 45.Paragraph (b) of subsection (4) and subsection 1641 (9) of section 445.08, Florida Statutes, are amended to read: 1642 445.08Florida Law Enforcement Recruitment Bonus Payment 1643 Program. 1644 (4)The department shall develop an annual plan for the 1645 administration of the program and distribution of bonus 1646 payments. Applicable employing agencies shall assist the 1647 department with the collection of any data necessary to 1648 determine bonus payment amounts and to distribute the bonus 1649 payments, and shall otherwise provide the department with any 1650 information or assistance needed to fulfill the requirements of 1651 this section. At a minimum, the plan must include: 1652 (b)The minimum eligibility requirements a newly employed 1653 officer must meet to receive and retain a bonus payment, which 1654 must include: 1655 1.Obtaining certification for employment or appointment as 1656 a law enforcement officer pursuant to s. 943.1395. 1657 2.Gaining full-time employment with a Florida criminal 1658 justice agency. 1659 3.Maintaining continuous full-time employment with a 1660 Florida criminal justice agency for at least 2 years from the 1661 date on which the officer obtained certification. The required 1662 2-year employment period may be satisfied by maintaining 1663 employment at one or more employing agencies, but such period 1664 must not contain any break in service longer than 180 15 1665 calendar days. A law enforcement officer must provide 1666 documentation to the department justifying the break in service. 1667 The department shall establish the acceptable circumstances for 1668 any such break in service. Any break in service will not count 1669 toward satisfying the 2-year full-time employment requirement of 1670 this section. 1671 1672 The department may establish other criteria deemed necessary to 1673 determine bonus payment eligibility and distribution. 1674 (9)This section expires July 1, 2025. 1675 Section 46.Paragraph (a) of subsection (4) of section 1676 447.203, Florida Statutes, is amended to read: 1677 447.203Definitions.As used in this part: 1678 (4)Managerial employees are those employees who: 1679 (a)Perform jobs that are not of a routine, clerical, or 1680 ministerial nature and require the exercise of independent 1681 judgment in the performance of such jobs and to whom one or more 1682 of the following applies: 1683 1.They formulate or assist in formulating policies which 1684 are applicable to bargaining unit employees. 1685 2.They may reasonably be required on behalf of the 1686 employer to assist in the preparation for the conduct of 1687 collective bargaining negotiations. 1688 3.They have a role in the administration of agreements 1689 resulting from collective bargaining negotiations. 1690 4.They have a significant role in personnel 1691 administration. 1692 5.They have a significant role in employee relations. 1693 6.They are included in the definition of administrative 1694 personnel contained in s. 1012.01(3). 1695 7.They have a significant role in the preparation or 1696 administration of budgets for any public agency or institution 1697 or subdivision thereof. 1698 8.They have a significant and specific role executing 1699 statewide business and economic development projects in support 1700 of business recruitment, retention, and expansion. 1701 1702 However, in determining whether an individual is a managerial 1703 employee pursuant to paragraph (a) or paragraph (b), above, the 1704 commission may consider historic relationships of the employee 1705 to the public employer and to co-employees coemployees. 1706 Section 47.Local governments may enter into agreements to 1707 create regional planning entities pursuant to chapter 163, 1708 Florida Statutes. 1709 Section 48.Subsection (2) of section 17.11, Florida 1710 Statutes, is amended to read: 1711 17.11To report disbursements made. 1712 (2)The Chief Financial Officer shall also cause to have 1713 reported from the Florida Accounting Information Resource 1714 Subsystem no less than quarterly the disbursements which 1715 agencies made to small businesses, as defined in the Florida 1716 Small and Minority Business Assistance Act,; and to certified 1717 rural or urban minority business enterprises in the aggregate; 1718 and to certified minority business enterprises broken down into 1719 categories of minority persons, as well as gender and 1720 nationality subgroups. This information must shall be made 1721 available to the agencies, the Office of Supplier Development 1722 Diversity, the Governor, the President of the Senate, and the 1723 Speaker of the House of Representatives. Each agency shall be 1724 responsible for the accuracy of information entered into the 1725 Florida Accounting Information Resource Subsystem for use in 1726 this reporting. 1727 Section 49.Paragraph (f) of subsection (1) of section 1728 68.082, Florida Statutes, is amended to read: 1729 68.082False claims against the state; definitions; 1730 liability. 1731 (1)As used in this section, the term: 1732 (f)State means the government of the state or any 1733 department, division, bureau, commission, regional planning 1734 agency, board, district, authority, agency, or other 1735 instrumentality of the state. 1736 Section 50.Paragraph (a) of subsection (1) of section 1737 120.52, Florida Statutes, is amended to read: 1738 120.52Definitions.As used in this act: 1739 (1)Agency means the following officers or governmental 1740 entities if acting pursuant to powers other than those derived 1741 from the constitution: 1742 (a)The Governor; each state officer and state department, 1743 and each departmental unit described in s. 20.04; the Board of 1744 Governors of the State University System; the Commission on 1745 Ethics; the Fish and Wildlife Conservation Commission; a 1746 regional water supply authority; a regional planning agency; a 1747 multicounty special district, but only if a majority of its 1748 governing board is comprised of nonelected persons; educational 1749 units; and each entity described in chapters 163, 373, 380, and 1750 582 and s. 186.504. 1751 1752 This definition does not include a municipality or legal entity 1753 created solely by a municipality; a legal entity or agency 1754 created in whole or in part pursuant to part II of chapter 361; 1755 a metropolitan planning organization created pursuant to s. 1756 339.175; a separate legal or administrative entity created 1757 pursuant to s. 339.175 of which a metropolitan planning 1758 organization is a member; an expressway authority pursuant to 1759 chapter 348 or any transportation authority or commission under 1760 chapter 343 or chapter 349; or a legal or administrative entity 1761 created by an interlocal agreement pursuant to s. 163.01(7), 1762 unless any party to such agreement is otherwise an agency as 1763 defined in this subsection. 1764 Section 51.Subsection (4) of section 120.525, Florida 1765 Statutes, is amended to read: 1766 120.525Meetings, hearings, and workshops. 1767 (4)For purposes of establishing a quorum at meetings of 1768 regional planning councils that cover three or more counties, a 1769 voting member who appears via telephone, real-time 1770 videoconferencing, or similar real-time electronic or video 1771 communication that is broadcast publicly at the meeting location 1772 may be counted toward the quorum requirement if at least one 1773 third of the voting members of the regional planning council are 1774 physically present at the meeting location. A member must 1775 provide oral, written, or electronic notice of his or her intent 1776 to appear via telephone, real-time videoconferencing, or similar 1777 real-time electronic or video communication to the regional 1778 planning council at least 24 hours before the scheduled meeting. 1779 Section 52.Subsection (9) of section 120.65, Florida 1780 Statutes, is amended to read: 1781 120.65Administrative law judges. 1782 (9)The division shall be reimbursed for administrative law 1783 judge services and travel expenses by the following entities: 1784 water management districts, regional planning councils, school 1785 districts, community colleges, the Division of Florida Colleges, 1786 state universities, the Board of Governors of the State 1787 University System, the State Board of Education, the Florida 1788 School for the Deaf and the Blind, and the Commission for 1789 Independent Education. These entities shall contract with the 1790 division to establish a contract rate for services and 1791 provisions for reimbursement of administrative law judge travel 1792 expenses and video teleconferencing expenses attributable to 1793 hearings conducted on behalf of these entities. The contract 1794 rate must be based on a total-cost-recovery methodology. 1795 Section 53.Subsections (43) and (47) of section 163.3164, 1796 Florida Statutes, are amended to read: 1797 163.3164Community Planning Act; definitions.As used in 1798 this act: 1799 (43)Regional planning agency means the council created 1800 pursuant to chapter 186. 1801 (46)(47)Structure has the same meaning as in s. 380.031 1802 s. 380.031(19). 1803 Section 54.Paragraph (h) of subsection (6) of section 1804 163.3177, Florida Statutes, is amended to read: 1805 163.3177Required and optional elements of comprehensive 1806 plan; studies and surveys. 1807 (6)In addition to the requirements of subsections (1)-(5), 1808 the comprehensive plan must shall include the following 1809 elements: 1810 (h)1.An intergovernmental coordination element showing 1811 relationships and stating principles and guidelines to be used 1812 in coordinating the adopted comprehensive plan with the plans of 1813 school boards, regional water supply authorities, and other 1814 units of local government providing services but not having 1815 regulatory authority over the use of land, with the 1816 comprehensive plans of adjacent municipalities, the county, 1817 adjacent counties, or the region, with the state comprehensive 1818 plan and with the applicable regional water supply plan approved 1819 pursuant to s. 373.709, as the case may require and as such 1820 adopted plans or plans in preparation may exist. This element of 1821 the local comprehensive plan must demonstrate consideration of 1822 the particular effects of the local plan, when adopted, upon the 1823 development of adjacent municipalities, the county, adjacent 1824 counties, or the region, or upon the state comprehensive plan, 1825 as the case may require. 1826 a.The intergovernmental coordination element must provide 1827 procedures for identifying and implementing joint planning 1828 areas, especially for the purpose of annexation, municipal 1829 incorporation, and joint infrastructure service areas. 1830 b.The intergovernmental coordination element must shall 1831 provide for a dispute resolution process, as established 1832 pursuant to s. 186.509, for bringing intergovernmental disputes 1833 to closure in a timely manner. 1834 c.The intergovernmental coordination element must shall 1835 provide for interlocal agreements as established pursuant to s. 1836 333.03(1)(b). 1837 2.The intergovernmental coordination element must shall 1838 also state principles and guidelines to be used in coordinating 1839 the adopted comprehensive plan with the plans of school boards 1840 and other units of local government providing facilities and 1841 services but not having regulatory authority over the use of 1842 land. In addition, the intergovernmental coordination element 1843 must describe joint processes for collaborative planning and 1844 decisionmaking on population projections and public school 1845 siting, the location and extension of public facilities subject 1846 to concurrency, and siting facilities with countywide 1847 significance, including locally unwanted land uses whose nature 1848 and identity are established in an agreement. 1849 3.Within 1 year after adopting their intergovernmental 1850 coordination elements, each county, all the municipalities 1851 within that county, the district school board, and any unit of 1852 local government service providers in that county shall 1853 establish by interlocal or other formal agreement executed by 1854 all affected entities, the joint processes described in this 1855 subparagraph consistent with their adopted intergovernmental 1856 coordination elements. The agreement must: 1857 a.Ensure that the local government addresses through 1858 coordination mechanisms the impacts of development proposed in 1859 the local comprehensive plan upon development in adjacent 1860 municipalities, the county, adjacent counties, the region, and 1861 the state. The area of concern for municipalities must shall 1862 include adjacent municipalities, the county, and counties 1863 adjacent to the municipality. The area of concern for counties 1864 must shall include all municipalities within the county, 1865 adjacent counties, and adjacent municipalities. 1866 b.Ensure coordination in establishing level of service 1867 standards for public facilities with any state, regional, or 1868 local entity having operational and maintenance responsibility 1869 for such facilities. 1870 Section 55.Subsection (5) of section 163.3178, Florida 1871 Statutes, is amended to read: 1872 163.3178Coastal management. 1873 (5)A The appropriate dispute resolution process provided 1874 under s. 186.509 must be used to reconcile inconsistencies 1875 between port master plans and local comprehensive plans. In 1876 recognition of the states commitment to deepwater ports, the 1877 state comprehensive plan must include goals, objectives, and 1878 policies that establish a statewide strategy for enhancement of 1879 existing deepwater ports, ensuring that priority is given to 1880 water-dependent land uses. As an incentive for promoting plan 1881 consistency, port facilities as defined in s. 315.02(6) on lands 1882 owned or controlled by a deepwater port as defined in s. 1883 311.09(1), as of the effective date of this act are shall not be 1884 subject to development-of-regional-impact review provided the 1885 port either successfully completes an alternative comprehensive 1886 development agreement with a local government pursuant to ss. 1887 163.3220-163.3243 or successfully enters into a development 1888 agreement with the state land planning agency and applicable 1889 local government pursuant to s. 380.032 or, where the port is a 1890 department of a local government, successfully enters into a 1891 development agreement with the state land planning agency 1892 pursuant to s. 380.032. Port facilities as defined in s. 1893 315.02(6) on lands not owned or controlled by a deepwater port 1894 as defined in s. 311.09(1) as of the effective date of this act 1895 are shall not be subject to development-of-regional-impact 1896 review provided the port successfully enters into a development 1897 agreement with the state land planning agency and applicable 1898 local government pursuant to s. 380.032 or, where the port is a 1899 department of a local government, successfully enters into a 1900 development agreement with the state land planning agency 1901 pursuant to s. 380.032. 1902 Section 56.Paragraph (c) of subsection (1) and paragraph 1903 (b) of subsection (3) of section 163.3184, Florida Statutes, are 1904 amended to read: 1905 163.3184Process for adoption of comprehensive plan or plan 1906 amendment. 1907 (1)DEFINITIONS.As used in this section, the term: 1908 (c)Reviewing agencies means: 1909 1.The state land planning agency; 1910 2.The appropriate regional planning council; 1911 2.3.The appropriate water management district; 1912 3.4.The Department of Environmental Protection; 1913 4.5.The Department of State; 1914 5.6.The Department of Transportation; 1915 6.7.In the case of plan amendments relating to public 1916 schools, the Department of Education; 1917 7.8.In the case of plans or plan amendments that affect a 1918 military installation listed in s. 163.3175, the commanding 1919 officer of the affected military installation; 1920 8.9.In the case of county plans and plan amendments, the 1921 Fish and Wildlife Conservation Commission and the Department of 1922 Agriculture and Consumer Services; and 1923 9.10.In the case of municipal plans and plan amendments, 1924 the county in which the municipality is located. 1925 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 1926 COMPREHENSIVE PLAN AMENDMENTS. 1927 (b)1.The local government, after the initial public 1928 hearing held pursuant to subsection (11), shall transmit within 1929 10 working days the amendment or amendments and appropriate 1930 supporting data and analyses to the reviewing agencies. The 1931 local governing body shall also transmit a copy of the 1932 amendments and supporting data and analyses to any other local 1933 government or governmental agency that has filed a written 1934 request with the governing body. 1935 2.The reviewing agencies and any other local government or 1936 governmental agency specified in subparagraph 1. may provide 1937 comments regarding the amendment or amendments to the local 1938 government. State agencies shall only comment on important state 1939 resources and facilities that will be adversely impacted by the 1940 amendment if adopted. Comments provided by state agencies shall 1941 state with specificity how the plan amendment will adversely 1942 impact an important state resource or facility and shall 1943 identify measures the local government may take to eliminate, 1944 reduce, or mitigate the adverse impacts. Such comments, if not 1945 resolved, may result in a challenge by the state land planning 1946 agency to the plan amendment. Agencies and local governments 1947 must transmit their comments to the affected local government 1948 such that they are received by the local government not later 1949 than 30 days after the date on which the agency or government 1950 received the amendment or amendments. Reviewing agencies shall 1951 also send a copy of their comments to the state land planning 1952 agency. 1953 3.Comments to the local government from a regional 1954 planning council, county, or municipality are shall be limited 1955 as follows: 1956 a.The regional planning council review and comments shall 1957 be limited to adverse effects on regional resources or 1958 facilities identified in the strategic regional policy plan and 1959 extrajurisdictional impacts that would be inconsistent with the 1960 comprehensive plan of any affected local government within the 1961 region. A regional planning council may not review and comment 1962 on a proposed comprehensive plan amendment prepared by such 1963 council unless the plan amendment has been changed by the local 1964 government subsequent to the preparation of the plan amendment 1965 by the regional planning council. 1966 b.County comments must shall be in the context of the 1967 relationship and effect of the proposed plan amendments on the 1968 county plan. 1969 b.c.Municipal comments must shall be in the context of the 1970 relationship and effect of the proposed plan amendments on the 1971 municipal plan. 1972 c.d.Military installation comments must shall be provided 1973 in accordance with s. 163.3175. 1974 4.Comments to the local government from state agencies 1975 must shall be limited to the following subjects as they relate 1976 to important state resources and facilities that will be 1977 adversely impacted by the amendment if adopted: 1978 a.The Department of Environmental Protection shall limit 1979 its comments to the subjects of air and water pollution; 1980 wetlands and other surface waters of the state; federal and 1981 state-owned lands and interest in lands, including state parks, 1982 greenways and trails, and conservation easements; solid waste; 1983 water and wastewater treatment; and the Everglades ecosystem 1984 restoration. 1985 b.The Department of State shall limit its comments to the 1986 subjects of historic and archaeological resources. 1987 c.The Department of Transportation shall limit its 1988 comments to issues within the agencys jurisdiction as it 1989 relates to transportation resources and facilities of state 1990 importance. 1991 d.The Fish and Wildlife Conservation Commission shall 1992 limit its comments to subjects relating to fish and wildlife 1993 habitat and listed species and their habitat. 1994 e.The Department of Agriculture and Consumer Services 1995 shall limit its comments to the subjects of agriculture, 1996 forestry, and aquaculture issues. 1997 f.The Department of Education shall limit its comments to 1998 the subject of public school facilities. 1999 g.The appropriate water management district shall limit 2000 its comments to flood protection and floodplain management, 2001 wetlands and other surface waters, and regional water supply. 2002 h.The state land planning agency shall limit its comments 2003 to important state resources and facilities outside the 2004 jurisdiction of other commenting state agencies and may include 2005 comments on countervailing planning policies and objectives 2006 served by the plan amendment that should be balanced against 2007 potential adverse impacts to important state resources and 2008 facilities. 2009 Section 57.Subsection (2) of section 163.3245, Florida 2010 Statutes, is amended to read: 2011 163.3245Sector plans. 2012 (2)The Upon the request of a local government having 2013 jurisdiction, the applicable regional planning council shall 2014 conduct a scoping meeting with affected local governments and 2015 those agencies identified in s. 163.3184(1)(c) before 2016 preparation of the sector plan. The purpose of this meeting is 2017 to assist the state land planning agency and the local 2018 government in the identification of the relevant planning issues 2019 to be addressed and the data and resources available to assist 2020 in the preparation of the sector plan. If a scoping meeting is 2021 conducted, the regional planning council shall make written 2022 recommendations to the state land planning agency and affected 2023 local governments on the issues requested by the local 2024 government. The scoping meeting must shall be noticed and open 2025 to the public. If the entire planning area proposed for the 2026 sector plan is within the jurisdiction of two or more local 2027 governments, some or all of them may enter into a joint planning 2028 agreement pursuant to s. 163.3171 with respect to the geographic 2029 area to be subject to the sector plan, the planning issues that 2030 will be emphasized, procedures for intergovernmental 2031 coordination to address extrajurisdictional impacts, supporting 2032 application materials including data and analysis, procedures 2033 for public participation, or other issues. 2034 Section 58.Paragraph (i) of subsection (2) of section 2035 163.568, Florida Statutes, is amended to read: 2036 163.568Purposes and powers. 2037 (2)The authority is granted the authority to exercise all 2038 powers necessary, appurtenant, convenient, or incidental to the 2039 carrying out of the aforesaid purposes, including, but not 2040 limited to, the following rights and powers: 2041 (i)To develop transportation plans, and to coordinate its 2042 planning and programs with those of appropriate municipal, 2043 county, and state agencies and other political subdivisions of 2044 the state. All transportation plans are subject to review and 2045 approval by the Department of Transportation and by the regional 2046 planning agency, if any, for consistency with programs or 2047 planning for the area and region. 2048 Section 59.Subsection (2) of section 164.1031, Florida 2049 Statutes, is amended to read: 2050 164.1031Definitions.For purposes of this act: 2051 (2)Regional governmental entities includes regional 2052 planning councils, metropolitan planning organizations, water 2053 supply authorities that include more than one county, local 2054 health councils, water management districts, and other regional 2055 entities that are authorized and created by general or special 2056 law that have duties or responsibilities extending beyond the 2057 jurisdiction of a single county. 2058 Section 60.Subsection (5) of section 186.003, Florida 2059 Statutes, is amended to read: 2060 186.003Definitions; ss. 186.001-186.031, 186.801-186.901. 2061 As used in ss. 186.001-186.031 and 186.801-186.901, the term: 2062 (5)Regional planning agency means the regional planning 2063 council created pursuant to ss. 186.501-186.515 to exercise 2064 responsibilities under ss. 186.001-186.031 and 186.801-186.901 2065 in a particular region of the state. 2066 Section 61.Subsection (7) of section 186.006, Florida 2067 Statutes, is amended to read: 2068 186.006Powers and responsibilities of Executive Office of 2069 the Governor.For the purpose of establishing consistency and 2070 uniformity in the state and regional planning process and in 2071 order to ensure that the intent of ss. 186.001-186.031 and 2072 186.801-186.901 is accomplished, the Executive Office of the 2073 Governor shall: 2074 (7)Act as the state clearinghouse and designate the 2075 regional planning councils as the regional data clearinghouses. 2076 Section 62.Subsections (7) and (8) of section 186.007, 2077 Florida Statutes, are amended to read: 2078 186.007State comprehensive plan; preparation; revision. 2079 (7)In preparing and revising the state comprehensive plan, 2080 the Executive Office of the Governor shall, to the extent 2081 feasible, consider studies, reports, and plans of each 2082 department, agency, and institution of state and local 2083 government, each regional planning agency, and the Federal 2084 Government and shall take into account the existing and 2085 prospective resources, capabilities, and needs of state and 2086 local levels of government. 2087 (8)The revision of the state comprehensive plan is a 2088 continuing process. Each section of the plan must shall be 2089 reviewed and analyzed biennially by the Executive Office of the 2090 Governor in conjunction with the planning officers of other 2091 state agencies significantly affected by the provisions of the 2092 particular section under review. In conducting this review and 2093 analysis, the Executive Office of the Governor shall review and 2094 consider, with the assistance of the state land planning agency, 2095 any relevant reports, data, or analyses and regional planning 2096 councils, the evaluation and appraisal reports prepared pursuant 2097 to s. 186.511. Any necessary revisions of the state 2098 comprehensive plan shall be proposed by the Governor in a 2099 written report and be accompanied by an explanation of the need 2100 for such changes. If the Governor determines that changes are 2101 unnecessary, the written report must explain why changes are 2102 unnecessary. The proposed revisions and accompanying 2103 explanations may be submitted in the report required by s. 2104 186.031. Any proposed revisions to the plan must shall be 2105 submitted to the Legislature as provided in s. 186.008(2) at 2106 least 30 days before prior to the regular legislative session 2107 occurring in each even-numbered year. 2108 Section 63.Subsection (1) of section 186.008, Florida 2109 Statutes, is amended to read: 2110 186.008State comprehensive plan; revision; 2111 implementation. 2112 (1)On or before October 1 of every odd-numbered year, the 2113 Executive Office of the Governor shall prepare, and the Governor 2114 shall recommend to the Administration Commission, any proposed 2115 revisions to the state comprehensive plan deemed necessary. The 2116 Governor shall transmit his or her recommendations and 2117 explanation as required by s. 186.007(8). Copies must shall also 2118 be provided to each state agency, to each regional planning 2119 agency, to any other unit of government that requests a copy, 2120 and to any member of the public who requests a copy. 2121 Section 64.Section 186.803, Florida Statutes, is amended 2122 to read: 2123 186.803Use of geographic information by governmental 2124 entities.When state agencies, water management districts, 2125 regional planning councils, local governments, and other 2126 governmental entities use maps, including geographic information 2127 maps and other graphic information materials, as the source of 2128 data for planning or any other purposes, they must take into 2129 account that the accuracy and reliability of such maps and data 2130 may be limited by various factors, including the scale of the 2131 maps, the timeliness and accuracy of the underlying information, 2132 the availability of more accurate site-specific information, and 2133 the presence or absence of ground truthing or peer review of the 2134 underlying information contained in such maps and other graphic 2135 information. This section does not apply to maps adopted 2136 pursuant to part II of chapter 163. 2137 Section 65.Paragraph (b) of subsection (20) and paragraph 2138 (b) of subsection (21) of section 187.201, Florida Statutes, are 2139 amended to read: 2140 187.201State Comprehensive Plan adopted.The Legislature 2141 hereby adopts as the State Comprehensive Plan the following 2142 specific goals and policies: 2143 (20)GOVERNMENTAL EFFICIENCY. 2144 (b)Policies. 2145 1.Encourage greater cooperation between, among, and within 2146 all levels of Florida government through the use of appropriate 2147 interlocal agreements and mutual participation for mutual 2148 benefit. 2149 2.Allow the creation of independent special taxing 2150 districts which have uniform general law standards and 2151 procedures and do not overburden other governments and their 2152 taxpayers while preventing the proliferation of independent 2153 special taxing districts which do not meet these standards. 2154 3.Encourage the use of municipal services taxing units and 2155 other dependent special districts to provide needed 2156 infrastructure where the fiscal capacity exists to support such 2157 an approach. 2158 4.Eliminate regulatory activities that are not tied to 2159 specific public and natural resource protection needs. 2160 5.Eliminate needless duplication of, and promote 2161 cooperation in, governmental activities between, among, and 2162 within state, regional, county, city, and other governmental 2163 units. 2164 6.Ensure, wherever possible, that the geographic 2165 boundaries of water management districts, regional planning 2166 councils, and substate districts of the executive departments 2167 are shall be coterminous for related state or agency programs 2168 and functions and promote interagency agreements in order to 2169 reduce the number of districts and councils with jurisdiction in 2170 any one county. 2171 7.Encourage and provide for the restructuring of city and 2172 county political jurisdictions with the goals of greater 2173 efficiency and high-quality and more equitable and responsive 2174 public service programs. 2175 8.Replace multiple, small scale, economically inefficient 2176 local public facilities with regional facilities where they are 2177 proven to be more economical, particularly in terms of energy 2178 efficiency, and yet can retain the quality of service expected 2179 by the public. 2180 9.Encourage greater efficiency and economy at all levels 2181 of government through adoption and implementation of effective 2182 records management, information management, and evaluation 2183 procedures. 2184 10.Throughout government, establish citizen management 2185 efficiency groups and internal management groups to make 2186 recommendations for greater operating efficiencies and improved 2187 management practices. 2188 11.Encourage governments to seek outside contracting on a 2189 competitive-bid basis when cost-effective and appropriate. 2190 12.Discourage undue expansion of state government and make 2191 every effort to streamline state government in a cost-effective 2192 manner. 2193 13.Encourage joint venture solutions to mutual problems 2194 between levels of government and private enterprise. 2195 (21)THE ECONOMY. 2196 (b)Policies. 2197 1.Attract new job-producing industries, corporate 2198 headquarters, distribution and service centers, regional 2199 offices, and research and development facilities to provide 2200 quality employment for the residents of Florida. 2201 2.Promote entrepreneurship, small and small and minority 2202 owned business startups, and business startups in rural or urban 2203 areas as described in s. 288.703 by providing technical and 2204 information resources, facilitating capital formation, and 2205 removing regulatory restraints which are unnecessary for the 2206 protection of consumers and society. 2207 3.Maintain, as one of the states primary economic assets, 2208 the environment, including clean air and water, beaches, 2209 forests, historic landmarks, and agricultural and natural 2210 resources. 2211 4.Strengthen Floridas position in the world economy 2212 through attracting foreign investment and promoting 2213 international banking and trade. 2214 5.Build on the states attractiveness to make it a leader 2215 in the visual and performing arts and in all phases of film, 2216 television, and recording production. 2217 6.Promote economic development for Florida residents 2218 through partnerships among education, business, industry, 2219 agriculture, and the arts. 2220 7.Provide increased opportunities for training Floridas 2221 workforce to provide skilled employees for new and expanding 2222 business. 2223 8.Promote economic self-sufficiency through training and 2224 educational programs which result in productive employment. 2225 9.Promote cooperative employment arrangements between 2226 private employers and public sector employment efforts to 2227 provide productive, permanent employment opportunities for 2228 public assistance recipients through provisions of education 2229 opportunities, tax incentives, and employment training. 2230 10.Provide for nondiscriminatory employment opportunities. 2231 11.Provide quality child day care for public assistance 2232 families and others who need it in order to work. 2233 12.Encourage the development of a business climate that 2234 provides opportunities for the growth and expansion of existing 2235 state industries, particularly those industries which are 2236 compatible with Floridas environment. 2237 13.Promote coordination among Floridas ports to increase 2238 their utilization. 2239 14.Encourage the full utilization by businesses of the 2240 economic development enhancement programs implemented by the 2241 Legislature for the purpose of extensively involving private 2242 businesses in the development and expansion of permanent job 2243 opportunities, especially for the economically disadvantaged, 2244 through the utilization of enterprise zones, community 2245 development corporations, and other programs designed to enhance 2246 economic and employment opportunities. 2247 Section 66.Paragraph (g) of subsection (3) of section 2248 212.096, Florida Statutes, is amended to read: 2249 212.096Sales, rental, storage, use tax; enterprise zone 2250 jobs credit against sales tax. 2251 (3)In order to claim this credit, an eligible business 2252 must file under oath with the governing body or enterprise zone 2253 development agency having jurisdiction over the enterprise zone 2254 where the business is located, as applicable, a statement which 2255 includes: 2256 (g)Whether the business is a small business as defined by 2257 s. 288.703 s. 288.703(6). 2258 Section 67.Paragraph (c) of subsection (1) and subsection 2259 (2) of section 218.32, Florida Statutes, are amended to read: 2260 218.32Annual financial reports; local governmental 2261 entities. 2262 (1) 2263 (c)Each regional planning council created under s. 2264 186.504, each local government finance commission, board, or 2265 council, and each municipal power corporation created as a 2266 separate legal or administrative entity by interlocal agreement 2267 under s. 163.01(7) shall submit to the department a copy of its 2268 audit report and an annual financial report for the previous 2269 fiscal year in a format prescribed by the department. 2270 (2)The department shall annually by December 1 file a 2271 verified report with the Governor, the Legislature, the Auditor 2272 General, and the Special District Accountability Program of the 2273 Department of Commerce showing the revenues, both locally 2274 derived and derived from intergovernmental transfers, and the 2275 expenditures of each local governmental entity, regional 2276 planning council, local government finance commission, and 2277 municipal power corporation that is required to submit an annual 2278 financial report. In preparing the verified report, the 2279 department may request additional information from the local 2280 governmental entity. The information requested must be provided 2281 to the department within 45 days after the request. If the local 2282 governmental entity does not comply with the request, the 2283 department shall notify the Legislative Auditing Committee, 2284 which may take action pursuant to s. 11.40(2). The report must 2285 include, but is not limited to: 2286 (a)The total revenues and expenditures of each local 2287 governmental entity that is a component unit included in the 2288 annual financial report of the reporting entity. 2289 (b)The amount of outstanding long-term debt by each local 2290 governmental entity. For purposes of this paragraph, the term 2291 long-term debt means any agreement or series of agreements to 2292 pay money, which, at inception, contemplate terms of payment 2293 exceeding 1 year in duration. 2294 Section 68.Section 255.101, Florida Statutes, is amended 2295 to read: 2296 255.101Contracts for public construction works; 2297 utilization of rural or urban minority business enterprises. 2298 (1)All county officials, boards of county commissioners, 2299 school boards, city councils, city commissioners, and all other 2300 public officers of state boards or commissions which are charged 2301 with the letting of contracts for public works and for the 2302 construction of public bridges, buildings, and other structures 2303 shall operate in accordance with s. 287.093, except that all 2304 contracts for the construction of state facilities should comply 2305 with provisions in s. 287.09451, and rules adopted pursuant 2306 thereto, for the utilization of rural or urban minority business 2307 enterprises. When construction is financed in whole or in part 2308 from federal funds and where federal provisions for utilization 2309 of rural or urban minority business enterprises apply, this 2310 section may shall not apply. 2311 (2)Counties, municipalities, and special districts as 2312 defined in chapter 189, or other political subdivisions of the 2313 state are encouraged to be sensitive to the effect of job-size 2314 barriers on rural or urban minority businesses. To this end, 2315 these governmental entities are encouraged to competitively 2316 award public construction projects exceeding $100,000. 2317 Section 69.Section 255.102, Florida Statutes, is amended 2318 to read: 2319 255.102Contractor utilization of rural or urban minority 2320 business enterprises. 2321 (1)Agencies shall consider the use of price preferences, 2322 weighted preference formulas, or other preferences for 2323 construction contracts, as determined appropriate by the Office 2324 of Supplier Development Diversity to increase minority 2325 participation in rural or urban areas. 2326 (2)The Office of Supplier Development Diversity, in 2327 collaboration with the Board of Governors of the State 2328 University System, shall adopt rules to determine what is a 2329 good faith effort for purposes of contractor compliance with 2330 rural or urban areas minority participation goals established 2331 for competitively awarded building and construction projects. 2332 Pro forma efforts may shall not be considered good faith. 2333 Factors which must shall be considered by the state agency in 2334 determining whether a contractor has made good faith efforts 2335 shall include, but not be limited to: 2336 (a)Whether the contractor attended any presolicitation or 2337 prebid meetings that were scheduled by the agency to inform 2338 rural or urban minority business enterprises of contracting and 2339 subcontracting opportunities. 2340 (b)Whether the contractor advertised in general 2341 circulation, trade association, or rural-focused or urban 2342 focused minority-focus media concerning the subcontracting 2343 opportunities. 2344 (c)Whether the contractor provided written notice to all 2345 relevant subcontractors listed on the minority vendor list for 2346 that locality and statewide as provided by the agency as of the 2347 date of issuance of the invitation to bid, that their interest 2348 in the contract was being solicited in sufficient time to allow 2349 the rural or urban minority business enterprises to participate 2350 effectively. 2351 (d)Whether the contractor followed up initial 2352 solicitations of interest by contacting rural or urban minority 2353 business enterprises, the Office of Supplier Development 2354 Diversity, or minority persons who responded and provided 2355 detailed information about prebid meetings, access to plans, 2356 specifications, contractors project manager, subcontractor 2357 bonding, if any, payment schedule, bid addenda, and other 2358 assistance provided by the contractor to enhance rural or urban 2359 minority business enterprise participation. 2360 (e)Whether the contractor selected portions of the work to 2361 be performed by rural or urban minority business enterprises in 2362 order to increase the likelihood of meeting the rural or urban 2363 minority business enterprise procurement goals, including, where 2364 appropriate, breaking down contracts into economically feasible 2365 units to facilitate rural or urban minority business enterprise 2366 participation under reasonable and economical conditions of 2367 performance. 2368 (f)Whether the contractor provided the Office of Supplier 2369 Development Diversity as well as interested rural or urban 2370 minority business enterprises or minority persons with adequate 2371 information about the plans, specifications, and requirements of 2372 the contract or the availability of jobs at a time no later than 2373 when such information was provided to other subcontractors. 2374 (g)Whether the contractor negotiated in good faith with 2375 interested rural or urban minority business enterprises or 2376 minority persons, not rejecting rural or urban minority business 2377 enterprises or minority persons as unqualified without sound 2378 reasons based on a thorough investigation of their capabilities 2379 or imposing implausible conditions of performance on the 2380 contract. 2381 (h)Whether the contractor diligently seeks to replace a 2382 rural or urban minority business enterprise subcontractor that 2383 is unable to perform successfully with another rural or urban 2384 minority business enterprise. 2385 (i)Whether the contractor effectively used the services of 2386 available rural or urban minority community organizations; rural 2387 or urban minority contractors groups; local, state, and federal 2388 rural or urban minority business assistance offices; and other 2389 organizations that provide assistance in the recruitment and 2390 placement of rural or urban minority business enterprises or 2391 minority persons. 2392 (3)If an agency considers any other criteria in 2393 determining whether a contractor has made a good faith effort, 2394 the agency must shall adopt such criteria in accordance with s. 2395 120.54, and, where required by that section, by rule, after May 2396 31, 1994. In adopting such criteria, the agency shall identify 2397 the specific factors in as objective a manner as possible to be 2398 used to assess a contractors performance against said criteria. 2399 (4)Notwithstanding the provisions of s. 287.09451 to the 2400 contrary, agencies shall monitor good faith efforts of 2401 contractors in competitively awarded building and construction 2402 projects, in accordance with rules established pursuant to this 2403 section. It is the responsibility of the contractor to exercise 2404 good faith efforts in accordance with rules established pursuant 2405 to this section, and to provide documentation necessary to 2406 assess efforts to include rural or urban minority business 2407 participation. 2408 Section 70.Paragraph (a) of subsection (7) of section 2409 258.501, Florida Statutes, is amended to read: 2410 258.501Myakka River; wild and scenic segment. 2411 (7)MANAGEMENT COORDINATING COUNCIL. 2412 (a)Upon designation, the department shall create a 2413 permanent council to provide interagency and intergovernmental 2414 coordination in the management of the river. The coordinating 2415 council shall be composed of one representative appointed from 2416 each of the following: the department, the Department of 2417 Transportation, the Fish and Wildlife Conservation Commission, 2418 the Department of Commerce, the Florida Forest Service of the 2419 Department of Agriculture and Consumer Services, the Division of 2420 Historical Resources of the Department of State, the Tampa Bay 2421 Regional Planning Council, the Southwest Florida Water 2422 Management District, the Southwest Florida Regional Planning 2423 Council, Manatee County, Sarasota County, Charlotte County, the 2424 City of Sarasota, the City of North Port, agricultural 2425 interests, environmental organizations, and any others deemed 2426 advisable by the department. 2427 Section 71.Subsections (1) and (3) of section 260.0142, 2428 Florida Statutes, are amended to read: 2429 260.0142Florida Greenways and Trails Council; composition; 2430 powers and duties. 2431 (1)There is created within the department the Florida 2432 Greenways and Trails Council which shall advise the department 2433 in the execution of the departments powers and duties under 2434 this chapter. The council shall be composed of 19 21 members, 2435 consisting of: 2436 (a)1.Five Six members appointed by the Governor, with two 2437 members representing the trail user community, two members 2438 representing the greenway user community, one member from the 2439 board of the Florida Wildlife Corridor Foundation, and one 2440 member representing private landowners. 2441 2.Three members appointed by the President of the Senate, 2442 with one member representing the trail user community and two 2443 members representing the greenway user community. 2444 3.Three members appointed by the Speaker of the House of 2445 Representatives, with two members representing the trail user 2446 community and one member representing the greenway user 2447 community. 2448 2449 Those eligible to represent the trail user community shall be 2450 chosen from, but not be limited to, paved trail users, hikers, 2451 off-road bicyclists, users of off-highway vehicles, paddlers, 2452 equestrians, disabled outdoor recreational users, and commercial 2453 recreational interests. Those eligible to represent the greenway 2454 user community must be chosen from, but not be limited to, 2455 conservation organizations, nature study organizations, and 2456 scientists and university experts. 2457 (b)The 8 9 remaining members include: 2458 1.The Secretary of Environmental Protection or a designee. 2459 2.The executive director of the Fish and Wildlife 2460 Conservation Commission or a designee. 2461 3.The Secretary of Transportation or a designee. 2462 4.The Director of the Florida Forest Service of the 2463 Department of Agriculture and Consumer Services or a designee. 2464 5.The director of the Division of Historical Resources of 2465 the Department of State or a designee. 2466 6.A representative of the water management districts. 2467 Membership on the council must rotate among the five districts. 2468 The districts shall determine the order of rotation. 2469 7.A representative of a federal land management agency. 2470 The Secretary of Environmental Protection shall identify the 2471 appropriate federal agency and request designation of a 2472 representative from the agency to serve on the council. 2473 8.A representative of the regional planning councils to be 2474 appointed by the Secretary of Environmental Protection. 2475 Membership on the council must rotate among the seven regional 2476 planning councils. The regional planning councils shall 2477 determine the order of rotation. 2478 8.9.A representative of local governments to be appointed 2479 by the Secretary of Environmental Protection. Membership must 2480 alternate between a county representative and a municipal 2481 representative. 2482 (3)The term of all appointees shall be for 2 years unless 2483 otherwise specified. The appointees of the Governor, the 2484 President of the Senate, and the Speaker of the House of 2485 Representatives may be reappointed for no more than four 2486 consecutive terms. The representatives of the water management 2487 districts, regional planning councils, and local governments may 2488 be reappointed for no more than two consecutive terms. All other 2489 appointees shall serve until replaced. 2490 Section 72.Paragraph (d) of subsection (3) of section 2491 287.055, Florida Statutes, is amended to read: 2492 287.055Acquisition of professional architectural, 2493 engineering, landscape architectural, or surveying and mapping 2494 services; definitions; procedures; contingent fees prohibited; 2495 penalties. 2496 (3)PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. 2497 (d)Each agency shall evaluate professional services, 2498 including capabilities, adequacy of personnel, past record, 2499 experience, whether the firm is a certified minority business 2500 enterprise as defined by the Florida Small and Minority Business 2501 Assistance Act, and other factors determined by the agency to be 2502 applicable to its particular requirements. When securing 2503 professional services, an agency must endeavor to meet the rural 2504 or urban minority business enterprise procurement goals under s. 2505 287.09451. 2506 Section 73.Subsections (8), (9), and (12) of section 2507 287.057, Florida Statutes, are amended to read: 2508 287.057Procurement of commodities or contractual 2509 services. 2510 (8)(a)In order to strive to meet the rural or urban 2511 minority business enterprise procurement goals set forth in s. 2512 287.09451, an agency may reserve any contract for competitive 2513 solicitation only among certified rural or urban minority 2514 business enterprises. Agencies shall review all their contracts 2515 each fiscal year and shall determine which contracts may be 2516 reserved for solicitation only among certified rural or urban 2517 minority business enterprises. This reservation may only be used 2518 when it is determined, by reasonable and objective means, before 2519 the solicitation that there are capable, qualified certified 2520 rural or urban minority business enterprises available to submit 2521 a bid, proposal, or reply on a contract to provide for effective 2522 competition. The Office of Supplier Development Diversity shall 2523 consult with any agency in reaching such determination when 2524 deemed appropriate. 2525 (b)Before a contract may be reserved for solicitation only 2526 among certified rural or urban minority business enterprises, 2527 the agency head must find that such a reservation is in the best 2528 interests of the state. All determinations are shall be subject 2529 to s. 287.09451(5). Once a decision has been made to reserve a 2530 contract, but before sealed bids, proposals, or replies are 2531 requested, the agency shall estimate what it expects the amount 2532 of the contract to be, based on the nature of the services or 2533 commodities involved and their value under prevailing market 2534 conditions. If all the sealed bids, proposals, or replies 2535 received are over this estimate, the agency may reject the bids, 2536 proposals, or replies and request new ones from certified rural 2537 or urban minority business enterprises, or the agency may reject 2538 the bids, proposals, or replies and reopen the bidding to all 2539 eligible vendors. 2540 (c)All agencies shall consider the use of price 2541 preferences of up to 10 percent, weighted preference formulas, 2542 or other preferences for vendors as determined appropriate 2543 pursuant to guidelines established in accordance with s. 2544 287.09451(4) to increase the participation of certified rural or 2545 urban minority business enterprises. 2546 (d)All agencies shall avoid any undue concentration of 2547 contracts or purchases in categories of commodities or 2548 contractual services in order to meet the certified rural or 2549 urban minority business enterprise purchasing goals in s. 2550 287.09451. 2551 (9)An agency may reserve any contract for competitive 2552 solicitation only among vendors who agree to use certified rural 2553 or urban minority business enterprises as subcontractors or 2554 subvendors. The percentage of funds, in terms of gross contract 2555 amount and revenues, which must be expended with the certified 2556 rural or urban minority business enterprise subcontractors and 2557 subvendors shall be determined by the agency before such 2558 contracts may be reserved. In order to bid on a contract so 2559 reserved, the vendor shall identify those certified rural or 2560 urban minority business enterprises which will be utilized as 2561 subcontractors or subvendors by sworn statement. At the time of 2562 performance or project completion, the contractor shall report 2563 by sworn statement the payments and completion of work for all 2564 certified rural or urban minority business enterprises used in 2565 the contract. 2566 (12)If two equal responses to a solicitation or a request 2567 for quote are received and one response is from a certified 2568 rural or urban minority business enterprise, the agency must 2569 shall enter into a contract with the certified rural or urban 2570 minority business enterprise. 2571 Section 74.Section 287.0943, Florida Statutes, is amended 2572 to read: 2573 287.0943Certification of rural or urban minority business 2574 enterprises. 2575 (1)A business certified by any local governmental 2576 jurisdiction or organization shall be accepted by the Department 2577 of Management Services, Office of Supplier Development 2578 Diversity, as a certified rural or urban minority business 2579 enterprise for purposes of doing business with state government 2580 when the Office of Supplier Development Diversity determines 2581 that the states rural or urban minority business enterprise 2582 certification criteria are applied in the local certification 2583 process. 2584 (2)(a)The office is hereby directed to convene a Rural or 2585 Urban Minority Business Certification Task Force. The task 2586 force shall meet as often as necessary, but no less frequently 2587 than annually. 2588 (b)The task force shall be regionally balanced and 2589 comprised of officials representing the department, counties, 2590 municipalities, school boards, special districts, and other 2591 political subdivisions of the state who administer programs to 2592 assist rural or urban minority businesses in procurement or 2593 development in government-sponsored programs. The following 2594 organizations may appoint two members each of the task force who 2595 fit the description above: 2596 1.The Florida League of Cities, Inc. 2597 2.The Florida Association of Counties. 2598 3.The Florida School Boards Association, Inc. 2599 4.The Association of Special Districts. 2600 5.The Florida Association of Rural or Urban Minority 2601 Business Enterprise Officials. 2602 6.The Florida Association of Government Purchasing 2603 Officials. 2604 2605 In addition, the Office of Supplier Development Diversity shall 2606 appoint seven members consisting of three representatives of 2607 rural or urban minority business enterprises, one of whom should 2608 be a woman business owner, two officials of the office, and two 2609 at-large members to ensure balance. A quorum shall consist of 2610 one-third of the current members, and the task force may take 2611 action by majority vote. Any vacancy may only be filled by the 2612 organization or agency originally authorized to appoint the 2613 position. 2614 (c)The purpose of the task force will be to propose 2615 uniform criteria and procedures by which participating entities 2616 and organizations can qualify businesses to participate in 2617 procurement or contracting programs as certified rural or urban 2618 minority business enterprises in accordance with the 2619 certification criteria established by law. 2620 (d)A final list of the criteria and procedures proposed by 2621 the task force shall be considered by the secretary. The task 2622 force may seek technical assistance from qualified providers of 2623 technical, business, and managerial expertise to ensure the 2624 reliability of the certification criteria developed. 2625 (e)In assessing the status of ownership and control, 2626 certification criteria shall, at a minimum: 2627 1.Link ownership by a minority person owning a business 2628 enterprise in a rural or urban area as defined in s. 288.703, or 2629 as dictated by the legal obligations of a certifying 2630 organization, to day-to-day control and financial risk by the 2631 qualifying minority owner, and to demonstrated expertise or 2632 licensure of an a minority owner in any trade or profession that 2633 the rural or urban minority business enterprise will offer to 2634 the state when certified. Businesses must comply with all state 2635 licensing requirements before becoming certified as a rural or 2636 urban minority business enterprise. 2637 2.If present ownership was obtained by transfer, require 2638 the minority person on whom eligibility is based to have owned 2639 at least 51 percent of the applicant firm for a minimum of 2 2640 years, when any previous majority ownership interest in the firm 2641 was by a nonminority who is or was a relative, former employer, 2642 or current employer of the minority person on whom eligibility 2643 is based. This requirement does not apply to minority persons 2644 who are otherwise eligible who take a 51-percent-or-greater 2645 interest in a firm that requires professional licensure to 2646 operate and who will be the qualifying licenseholder for the 2647 firm when certified. A transfer made within a related immediate 2648 family group from a nonminority person to a minority person in 2649 order to establish ownership by a minority person shall be 2650 deemed to have been made solely for purposes of satisfying 2651 certification criteria and shall render such ownership invalid 2652 for purposes of qualifying for such certification if the 2653 combined total net asset value of all members of such family 2654 group exceeds $1 million. For purposes of this subparagraph, the 2655 term related immediate family group means one or more children 2656 under 16 years of age and a parent of such children or the 2657 spouse of such parent residing in the same house or living unit. 2658 3.Require that prospective certified rural or urban 2659 minority business enterprises be currently performing or seeking 2660 to perform a useful business function. A useful business 2661 function is defined as a business function which results in the 2662 provision of materials, supplies, equipment, or services to 2663 customers. Acting as a conduit to transfer funds to a non-rural 2664 or a non-urban nonminority business does not constitute a useful 2665 business function unless it is done so in a normal industry 2666 practice. As used in this section, the term acting as a 2667 conduit means, in part, not acting as a regular dealer by 2668 making sales of material, goods, or supplies from items bought, 2669 kept in stock, and regularly sold to the public in the usual 2670 course of business. Brokers, manufacturers representatives, 2671 sales representatives, and nonstocking distributors are 2672 considered as conduits that do not perform a useful business 2673 function, unless normal industry practice dictates. 2674 (f)When a business receives payments or awards exceeding 2675 $100,000 in one fiscal year, a review of its certification 2676 status or an audit will be conducted within 2 years. In 2677 addition, random reviews or audits will be conducted as deemed 2678 appropriate by the Office of Supplier Development Diversity. 2679 (g)The certification criteria approved by the task force 2680 and adopted by the Department of Management Services must shall 2681 be included in a statewide and interlocal agreement as defined 2682 in s. 287.09431 and, in accordance with s. 163.01, shall be 2683 executed according to the terms included therein. 2684 (h)The certification procedures should allow an applicant 2685 seeking certification to designate on the application form the 2686 information the applicant considers to be proprietary, 2687 confidential business information. As used in this paragraph, 2688 the term proprietary, confidential business information 2689 includes, but is not limited to, any information that would be 2690 exempt from public inspection pursuant to the provisions of 2691 chapter 119; trade secrets; internal auditing controls and 2692 reports; contract costs; or other information the disclosure of 2693 which would injure the affected party in the marketplace or 2694 otherwise violate s. 286.041. The executor in receipt of the 2695 application shall issue written and final notice of any 2696 information for which noninspection is requested but not 2697 provided for by law. 2698 (i)A business that is certified under the provisions of 2699 the statewide and interlocal agreement is shall be deemed a 2700 certified rural or urban minority enterprise in all 2701 jurisdictions or organizations where the agreement is in effect, 2702 and that business is deemed available to do business as such 2703 within any such jurisdiction or with any such organization 2704 statewide. All state agencies must accept rural or urban 2705 minority business enterprises certified in accordance with the 2706 statewide and interlocal agreement of s. 287.09431, and that 2707 business shall also be deemed a certified rural or urban 2708 minority business enterprise as defined in s. 288.703. However, 2709 any governmental jurisdiction or organization that administers a 2710 rural or urban minority business purchasing program may reserve 2711 the right to establish further certification procedures 2712 necessary to comply with federal law. 2713 (j)The statewide and interlocal agreement must shall be 2714 guided by the terms and conditions found therein and may be 2715 amended at any meeting of the task force and subsequently 2716 adopted by the secretary of the Department of Management 2717 Services. The amended agreement must be enacted, initialed, and 2718 legally executed by at least two-thirds of the certifying 2719 entities party to the existing agreement and adopted by the 2720 state as originally executed in order to bind the certifying 2721 entity. 2722 (k)The task force shall meet for the first time no later 2723 than 45 days after the effective date of this act. 2724 (3)(a)The office shall review and evaluate the 2725 certification programs and procedures of all prospective 2726 executors of the statewide and interlocal agreement to determine 2727 whether if their programs exhibit the capacity to meet the 2728 standards of the agreement. 2729 (b)The evaluations shall, at a minimum, consider: the 2730 certifying entitys capacity to conduct investigations of 2731 applicants seeking certification under the designated criteria; 2732 the ability of the certifying entity to collect the requisite 2733 data and to establish adequate protocol to store and exchange 2734 said information among the executors of the agreement and to 2735 provide adequate security to prevent unauthorized access to 2736 information gathered during the certification process; and the 2737 degree to which any legal obligations or supplemental 2738 requirements unique to the certifying entity exceed the capacity 2739 of that entity to conduct certifications. 2740 (c)Any firms certified by organizations or governmental 2741 entities determined not to meet the state certification criteria 2742 may shall not be eligible to participate as certified rural or 2743 urban minority business enterprises in the rural or urban 2744 minority business assistance programs of the state. For a period 2745 of 1 year from the effective date of this legislation, the 2746 executor of the statewide and interlocal agreement may elect to 2747 accept only rural or urban minority business enterprises 2748 certified pursuant to criteria in place at the time the 2749 agreement was signed. After the 1-year period, either party may 2750 elect to withdraw from the agreement without further notice. 2751 (d)Any organizations or governmental entities determined 2752 by the office not to meet the standards of the agreement may 2753 shall not be eligible to execute the statewide and interlocal 2754 agreement as a participating organization until approved by the 2755 office. 2756 (e)Any participating program receiving three or more 2757 challenges to its certification decisions pursuant to subsection 2758 (4) from other organizations that are executors to the statewide 2759 and interlocal agreement, shall be subject to a review by the 2760 office, as provided in paragraphs (a) and (b), of the 2761 organizations capacity to perform under such agreement and in 2762 accordance with the core criteria established by the task force. 2763 The office shall submit a report to the secretary of the 2764 Department of Management Services regarding the results of the 2765 review. 2766 (f)The office shall maintain a directory of all executors 2767 of the statewide and interlocal agreement. The directory should 2768 be communicated to the general public. 2769 (4)A certification may be challenged by any executor to 2770 the statewide and interlocal agreement upon the grounds of 2771 failure by the certifying organization to adhere to the adopted 2772 criteria or to the certifying organizations rules and 2773 procedures, or on the grounds of a misrepresentation or fraud by 2774 the certified rural or urban minority business enterprise. The 2775 challenge must shall proceed according to procedures specified 2776 in the agreement. 2777 (5)(a)The secretary of the Department of Management 2778 Services shall execute the statewide and interlocal agreement 2779 established under s. 287.09431 on behalf of the state. The 2780 office shall certify rural or urban minority business 2781 enterprises in accordance with the laws of this state and, by 2782 affidavit, shall recertify such rural or urban minority business 2783 enterprises not less than once each year. 2784 (b)The office shall contract with parties to the statewide 2785 and interlocal agreement to perform onsite visits associated 2786 with state certifications. 2787 (6)(a)The office shall maintain up-to-date records of all 2788 certified rural or urban minority business enterprises, as 2789 defined in s. 288.703, and of applications for certification 2790 that were denied and shall make this list available to all 2791 agencies. The office shall, for statistical purposes, collect 2792 and track subgroupings of gender and nationality status for each 2793 certified rural or urban minority business enterprise. Agency 2794 spending shall also be tracked for these subgroups. The records 2795 may include information about certified rural or urban minority 2796 business enterprises that provide legal services, auditing 2797 services, and health services. Agencies shall use this list in 2798 efforts to meet the certified rural or urban minority business 2799 enterprise procurement goals set forth in s. 287.09451. 2800 (b)The office shall establish and administer a 2801 computerized data bank to carry out the requirements of 2802 paragraph (a), to be available to all executors of the statewide 2803 and interlocal agreement. Data maintained in the data bank must 2804 shall be sufficient to allow each executor to reasonably monitor 2805 certifications it has issued. 2806 (7)The office shall identify rural or urban minority 2807 business enterprises eligible for certification in all areas of 2808 state services and commodities purchasing. The office may 2809 contract with a private firm or other agency, if necessary, in 2810 seeking to identify rural or urban minority business enterprises 2811 for certification. Agencies may request the office to identify 2812 certifiable rural or urban minority business enterprises that 2813 are in the business of providing a given service or commodity; 2814 the office shall respond to such requests and seek out such 2815 certifiable rural or urban minority business enterprises. 2816 (8)The office shall adopt rules necessary to implement 2817 this section. 2818 (9)State agencies shall comply with this act except to the 2819 extent that the requirements of this act are in conflict with 2820 federal law. 2821 (10)Any transfer of ownership or permanent change in the 2822 management and daily operations of a certified rural or urban 2823 minority business enterprise which may affect certification must 2824 be reported to the original certifying jurisdiction or entity 2825 and to the office within 14 days of the transfer or change 2826 taking place. In the event of a transfer of ownership, the 2827 transferee seeking to do business with the state as a certified 2828 rural or urban minority business enterprise is responsible for 2829 such reporting. In the event of a permanent change in the 2830 management and daily operations, owners seeking to do business 2831 with the state as a certified rural or urban minority business 2832 enterprise are responsible for reporting such change to the 2833 office. A Any person violating the provisions of this subsection 2834 commits shall be guilty of a misdemeanor of the first degree, 2835 punishable as provided in s. 775.082 or s. 775.083. 2836 (11)To deter fraud in the program, the Auditor General may 2837 review the criteria by which a business became certified as a 2838 certified rural or urban minority business enterprise. 2839 (12)Any executor of the statewide and interlocal agreement 2840 may revoke the certification or recertification of a firm doing 2841 business as a certified rural or urban minority business 2842 enterprise if the rural or urban minority business enterprise 2843 does not meet the requirements of the jurisdiction or certifying 2844 entity that certified or recertified the firm as a certified 2845 rural or urban minority business enterprise, or the requirements 2846 of subsection (2), s. 288.703(2), and any rule of the office or 2847 the Department of Management Services or if the business 2848 acquired certification or recertification by means of falsely 2849 representing any entity as a rural or urban minority business 2850 enterprise for purposes of qualifying for certification or 2851 recertification. 2852 (13)Unless permanently revoked, a certified rural or urban 2853 minority business enterprise for which certification or 2854 recertification has been revoked may not apply or reapply for 2855 certification or recertification for a minimum of 36 months 2856 after the date of the notice of revocation. 2857 (14)(a)Except for certification decisions issued by the 2858 Office of Supplier Development Diversity, an executor to the 2859 statewide and interlocal agreement shall, in accordance with its 2860 rules and procedures: 2861 1.Give reasonable notice to affected persons or parties of 2862 its decision to deny certification based on failure to meet 2863 eligibility requirements of the statewide and interlocal 2864 agreement of s. 287.09431, together with a summary of the 2865 grounds therefor. 2866 2.Give affected persons or parties an opportunity, at a 2867 convenient time and place, to present to the agency written or 2868 oral evidence in opposition to the action or of the executors 2869 refusal to act. 2870 3.Give a written explanation of any subsequent decision of 2871 the executor overruling the objections. 2872 (b)An applicant that is denied rural or urban minority 2873 business enterprise certification based on failure to meet 2874 eligibility requirements of the statewide and interlocal 2875 agreement pursuant to s. 287.09431 may not reapply for 2876 certification or recertification until at least 6 months after 2877 the date of the notice of the denial of certification or 2878 recertification. 2879 (15)The office shall adopt rules in compliance with this 2880 part. 2881 Section 75.Section 287.09431, Florida Statutes, is amended 2882 to read: 2883 287.09431Statewide and interlocal agreement on 2884 certification of business concerns for the status of rural or 2885 urban minority business enterprise.The statewide and interlocal 2886 agreement on certification of business concerns for the status 2887 of rural or urban minority business enterprise is hereby enacted 2888 and entered into with all jurisdictions or organizations legally 2889 joining therein. If, within 2 years from the date that the 2890 certification core criteria are approved by the Department of 2891 Management Services, the agreement included herein is not 2892 executed by a majority of county and municipal governing bodies 2893 that administer a rural or urban minority business assistance 2894 program on the effective date of this act, then the Legislature 2895 shall review this agreement. It is the intent of the Legislature 2896 that if the agreement is not executed by a majority of the 2897 requisite governing bodies, then a statewide uniform 2898 certification process should be adopted, and that such said 2899 agreement should be repealed and replaced by a mandatory state 2900 government certification process. 2901 2902 ARTICLE I 2903 2904 PURPOSE, FINDINGS, AND POLICY. 2905 (1)The parties to this agreement, desiring by common 2906 action to establish a uniform certification process in order to 2907 reduce the multiplicity of applications by business concerns to 2908 state and local governmental programs for rural or urban 2909 minority business assistance, declare that it is the policy of 2910 each of them, on the basis of cooperation with one another, to 2911 remedy social and economic disadvantage suffered by certain 2912 groups, resulting in their being historically underutilized in 2913 ownership and control of commercial enterprises. Thus, the 2914 parties seek to address this history by increasing the 2915 participation of the identified groups in opportunities afforded 2916 by government procurement. 2917 (2)The parties find that the State of Florida presently 2918 certifies firms for participation in the rural or urban minority 2919 business assistance programs of the state. The parties find 2920 further that some counties, municipalities, school boards, 2921 special districts, and other divisions of local government 2922 require a separate, yet similar, and in most cases redundant 2923 certification in order for businesses to participate in the 2924 programs sponsored by each government entity. 2925 (3)The parties find further that this redundant 2926 certification has proven to be unduly burdensome to the 2927 minority-owned firms located in rural or urban areas as defined 2928 in s. 288.703 which are intended to benefit from the underlying 2929 purchasing incentives. 2930 (4)The parties agree that: 2931 (a)They will facilitate integrity, stability, and 2932 cooperation in the statewide and interlocal certification 2933 process, and in other elements of programs established to assist 2934 minority-owned businesses located in rural or urban areas. 2935 (b)They shall cooperate with agencies, organizations, and 2936 associations interested in certification and other elements of 2937 rural or urban minority business assistance. 2938 (c)It is the purpose of this agreement to provide for a 2939 uniform process whereby the status of a business concern may be 2940 determined in a singular review of the business information for 2941 these purposes, in order to eliminate any undue expense, delay, 2942 or confusion to the minority-owned businesses located in rural 2943 or urban areas in seeking to participate in the rural or urban 2944 minority business assistance programs of state and local 2945 jurisdictions. 2946 2947 ARTICLE II 2948 2949 DEFINITIONS.As used in this agreement and contracts made 2950 pursuant to it, unless the context clearly requires otherwise: 2951 (1)Awarding organization means any political subdivision 2952 or organization authorized by law, ordinance, or agreement to 2953 enter into contracts and for which the governing body has 2954 entered into this agreement. 2955 (2)Department means the Department of Management 2956 Services. 2957 (3)Minority means a person who is a lawful, permanent 2958 resident of the state, having origins in one of the minority 2959 groups as described and adopted by the Department of Management 2960 Services, hereby incorporated by reference. 2961 (4)Rural or urban minority business enterprise means any 2962 small business concern as defined in subsection (5) (6) that 2963 meets all of the criteria described and adopted by the 2964 Department of Management Services, hereby incorporated by 2965 reference. 2966 (3)(5)Participating state or local organization means 2967 any political subdivision of the state or organization 2968 designated by such that elects to participate in the 2969 certification process pursuant to this agreement, which has been 2970 approved according to s. 287.0943(3) and has legally entered 2971 into this agreement. 2972 (5)(6)Small business concern means an independently 2973 owned and operated business concern which is of a size and type 2974 as described and adopted by vote related to this agreement of 2975 the commission, hereby incorporated by reference. 2976 2977 ARTICLE III 2978 2979 STATEWIDE AND INTERLOCAL CERTIFICATIONS. 2980 (1)All awarding organizations shall accept a certification 2981 granted by any participating organization which has been 2982 approved according to s. 287.0943(3) and has entered into this 2983 agreement, as valid status of rural or urban minority business 2984 enterprise. 2985 (2)A participating organization shall certify a business 2986 concern that meets the definition of a rural or urban minority 2987 business enterprise in this agreement, in accordance with the 2988 duly adopted eligibility criteria. 2989 (3)All participating organizations shall issue notice of 2990 certification decisions granting or denying certification to all 2991 other participating organizations within 14 days of the 2992 decision. Such notice may be made through electronic media. 2993 (4)A No certification may not will be granted without an 2994 onsite visit to verify ownership and control of the prospective 2995 rural or urban minority business enterprise, unless verification 2996 can be accomplished by other methods of adequate verification or 2997 assessment of ownership and control. 2998 (5)The certification of a rural or urban minority business 2999 enterprise pursuant to the terms of this agreement may shall not 3000 be suspended, revoked, or otherwise impaired except on any 3001 grounds which would be sufficient for revocation or suspension 3002 of a certification in the jurisdiction of the participating 3003 organization. 3004 (6)The certification determination of a party may be 3005 challenged by any other participating organization by the 3006 issuance of a timely written notice by the challenging 3007 organization to the certifying organizations determination 3008 within 10 days of receiving notice of the certification 3009 decision, stating the grounds for such challenge therefor. 3010 (7)The sole accepted grounds for challenge are shall be 3011 the failure of the certifying organization to adhere to the 3012 adopted criteria or the certifying organizations rules or 3013 procedures, or the perpetuation of a misrepresentation or fraud 3014 by the firm. 3015 (8)The certifying organization shall reexamine its 3016 certification determination and submit written notice to the 3017 applicant and the challenging organization of its findings 3018 within 30 days after the receipt of the notice of challenge. 3019 (9)If the certification determination is affirmed, the 3020 challenging agency may subsequently submit timely written notice 3021 to the firm of its intent to revoke certification of the firm. 3022 3023 ARTICLE IV 3024 3025 APPROVED AND ACCEPTED PROGRAMS.Nothing in This agreement 3026 may not shall be construed to repeal or otherwise modify any 3027 ordinance, law, or regulation of a party relating to the 3028 existing rural or urban minority business assistance provisions 3029 and procedures by which rural or urban minority business 3030 enterprises participate therein. 3031 3032 ARTICLE V 3033 3034 TERM.The term of the agreement is shall be 5 years, after 3035 which it may be reexecuted by the parties. 3036 3037 ARTICLE VI 3038 3039 AGREEMENT EVALUATION.The designated state and local 3040 officials may meet from time to time as a group to evaluate 3041 progress under the agreement, to formulate recommendations for 3042 changes, or to propose a new agreement. 3043 3044 ARTICLE VII 3045 3046 OTHER ARRANGEMENTS.Nothing in This agreement may not shall 3047 be construed to prevent or inhibit other arrangements or 3048 practices of any party in order to comply with federal law. 3049 3050 ARTICLE VIII 3051 3052 EFFECT AND WITHDRAWAL. 3053 (1)This agreement becomes shall become effective when 3054 properly executed by a legal representative of the participating 3055 organization, when enacted into the law of the state and after 3056 an ordinance or other legislation is enacted into law by the 3057 governing body of each participating organization. Thereafter it 3058 becomes shall become effective as to any participating 3059 organization upon the enactment of this agreement by the 3060 governing body of that organization. 3061 (2)Any party may withdraw from this agreement by enacting 3062 legislation repealing the same, but no such withdrawal may not 3063 shall take effect until one year after the governing body of the 3064 withdrawing party has given notice in writing of the withdrawal 3065 to the other parties. 3066 (3)A No withdrawal may not shall relieve the withdrawing 3067 party of any obligations imposed upon it by law. 3068 3069 ARTICLE IX 3070 3071 FINANCIAL RESPONSIBILITY. 3072 (1)A participating organization is shall not be 3073 financially responsible or liable for the obligations of any 3074 other participating organization related to this agreement. 3075 (2)The provisions of This agreement does not shall 3076 constitute neither a waiver of any governmental immunity under 3077 Florida law or nor a waiver of any defenses of the parties under 3078 Florida law. The provisions of This agreement is are solely for 3079 the benefit of its executors and is not intended to create or 3080 grant any rights, contractual or otherwise, to any person or 3081 entity. 3082 3083 ARTICLE X 3084 3085 VENUE AND GOVERNING LAW.The obligations of the parties to 3086 this agreement are performable only within the county where the 3087 participating organization is located, and statewide for the 3088 Office of Supplier Development Diversity, and venue for any 3089 legal action in connection with this agreement is shall lie, for 3090 any participating organization except the Office of Supplier 3091 Development Diversity, exclusively in the county where the 3092 participating organization is located. This agreement is shall 3093 be governed by and construed in accordance with the laws and 3094 court decisions of this the state. 3095 3096 ARTICLE XI 3097 3098 CONSTRUCTION AND SEVERABILITY.This agreement must shall be 3099 liberally construed so as to effectuate the purposes thereof. 3100 The provisions of This agreement is shall be severable and if 3101 any phrase, clause, sentence, or provision of this agreement is 3102 declared to be contrary to the State Constitution or the United 3103 States Constitution, or the application thereof to any 3104 government, agency, person, or circumstance is held invalid, the 3105 validity of the remainder of this agreement and the 3106 applicability thereof to any government, agency, person, or 3107 circumstance is shall not be affected thereby. If this agreement 3108 is shall be held contrary to the State Constitution, the 3109 agreement remains shall remain in full force and effect as to 3110 all severable matters. 3111 Section 76.Paragraph (b) of subsection (2) of section 3112 288.0001, Florida Statutes, is amended to read: 3113 288.0001Economic Development Programs Evaluation.The 3114 Office of Economic and Demographic Research and the Office of 3115 Program Policy Analysis and Government Accountability (OPPAGA) 3116 shall develop and present to the Governor, the President of the 3117 Senate, the Speaker of the House of Representatives, and the 3118 chairs of the legislative appropriations committees the Economic 3119 Development Programs Evaluation. 3120 (2)The Office of Economic and Demographic Research and 3121 OPPAGA shall provide a detailed analysis of economic development 3122 programs as provided in the following schedule: 3123 (b)By January 1, 2015, and every 3 years thereafter, an 3124 analysis of: 3125 1.The entertainment industry sales tax exemption program 3126 established under s. 288.1258. 3127 2.VISIT Florida and its programs established or funded 3128 under ss. 288.122-288.12265 and 288.124. 3129 3.The Florida Sports Foundation and related programs, 3130 including those established under ss. 288.1162, 288.11621, 3131 288.1166, and 288.1167. 3132 Section 77.Section 288.7031, Florida Statutes, is amended 3133 to read: 3134 288.7031Application of certain definitions.The 3135 definitions of small business, and certified rural or urban 3136 minority business enterprise, and certified minority business 3137 enterprise provided in s. 288.703 apply to the state and all 3138 political subdivisions of the state. 3139 Section 78.Paragraph (f) of subsection (2), paragraph (c) 3140 of subsection (4), and subsections (7) and (8), and (9) of 3141 section 288.975, Florida Statutes, are amended to read: 3142 288.975Military base reuse plans. 3143 (2)As used in this section, the term: 3144 (f)Regional policy plan means a strategic regional 3145 policy plan that has been adopted by rule by a regional planning 3146 council pursuant to s. 186.508. 3147 (4) 3148 (c)Military base reuse plans shall identify projected 3149 impacts to significant regional resources and natural resources 3150 of regional significance as identified by applicable regional 3151 planning councils in their regional policy plans and the actions 3152 that shall be taken to mitigate such impacts. 3153 (7)A military base reuse plan must shall be consistent 3154 with the comprehensive plan of the host local government and may 3155 shall not conflict with the comprehensive plan of any affected 3156 local governments. A military base reuse plan must shall be 3157 consistent with the nonprocedural requirements of part II of 3158 chapter 163 and rules adopted thereunder, applicable regional 3159 policy plans, and the state comprehensive plan. 3160 (8)At the request of a host local government, the 3161 department shall coordinate a presubmission workshop concerning 3162 a military base reuse plan within the boundaries of the host 3163 jurisdiction. Agencies that must shall participate in the 3164 workshop shall include any affected local governments; the 3165 Department of Environmental Protection; the department; the 3166 Department of Transportation; the Department of Health; the 3167 Department of Children and Families; the Department of Juvenile 3168 Justice; the Department of Agriculture and Consumer Services; 3169 the Department of State; the Fish and Wildlife Conservation 3170 Commission; and any applicable water management districts and 3171 regional planning councils. The purposes of the workshop are 3172 shall be to assist the host local government to understand 3173 issues of concern to the above listed entities pertaining to the 3174 military base site and to identify opportunities for better 3175 coordination of planning and review efforts with the information 3176 and analyses generated by the federal environmental impact 3177 statement process and the federal community base reuse planning 3178 process. 3179 (9)If a host local government elects to use the optional 3180 provisions of this act, it must shall, no later than 12 months 3181 after notifying the agencies of its intent pursuant to 3182 subsection (3) either: 3183 (a)Send a copy of the proposed military base reuse plan 3184 for review to any affected local governments; the Department of 3185 Environmental Protection; the department; the Department of 3186 Transportation; the Department of Health; the Department of 3187 Children and Families; the Department of Juvenile Justice; the 3188 Department of Agriculture and Consumer Services; the Department 3189 of State; the Fish and Wildlife Conservation Commission; and any 3190 applicable water management districts and regional planning 3191 councils, or 3192 (b)Petition the department for an extension of the 3193 deadline for submitting a proposed reuse plan. Such an extension 3194 request must be justified by changes or delays in the closure 3195 process by the federal Department of Defense or for reasons 3196 otherwise deemed to promote the orderly and beneficial planning 3197 of the subject military base reuse. The department may grant 3198 extensions to the required submission date of the reuse plan. 3199 Section 79.Subsection (4) of section 290.004, Florida 3200 Statutes, is amended to read: 3201 290.004Definitions relating to Florida Enterprise Zone 3202 Act.As used in ss. 290.001-290.016: 3203 (4)Certified rural or urban Minority business enterprise 3204 has the same meaning as provided in s. 288.703. 3205 Section 80.Paragraph (b) of subsection (26) of section 3206 320.08058, Florida Statutes, is amended to read: 3207 320.08058Specialty license plates. 3208 (26)TAMPA BAY ESTUARY LICENSE PLATES. 3209 (b)The annual use fees shall be distributed to the Tampa 3210 Bay Estuary Program created by s. 163.01. 3211 1.A maximum of 5 percent of such fees may be used for 3212 marketing the plate. 3213 2.Twenty percent of the proceeds from the annual use fee, 3214 not to exceed $50,000, shall be provided to the Tampa Bay 3215 Regional Planning Council for activities of the Agency on Bay 3216 Management implementing the Council/Agency Action Plan for the 3217 restoration of the Tampa Bay estuary, as approved by the Tampa 3218 Bay Estuary Program Policy Board. 3219 2.3.The remaining proceeds must be used to implement the 3220 Comprehensive Conservation and Management Plan for Tampa Bay, 3221 pursuant to priorities approved by the Tampa Bay Estuary Program 3222 Policy Board. 3223 Section 81.Paragraph (b) of subsection (3) of section 3224 335.188, Florida Statutes, is amended to read: 3225 335.188Access management standards; access control 3226 classification system; criteria. 3227 (3)The control classification system shall be developed 3228 consistent with the following: 3229 (b)The access control classification system shall be 3230 developed in cooperation with counties, municipalities, the 3231 state land planning agency, regional planning councils, 3232 metropolitan planning organizations, and other local 3233 governmental entities. 3234 Section 82.Paragraph (b) of subsection (4) of section 3235 339.155, Florida Statutes, is amended to read: 3236 339.155Transportation planning. 3237 (4)ADDITIONAL TRANSPORTATION PLANS. 3238 (b)Each regional planning council, as provided for in s. 3239 186.504, or any successor agency thereto, shall develop, as an 3240 element of its strategic regional policy plan, transportation 3241 goals and policies. The transportation goals and policies must 3242 be prioritized to comply with the prevailing principles provided 3243 in subsection (1) and s. 334.046(1). The transportation goals 3244 and policies shall be consistent, to the maximum extent 3245 feasible, with the goals and policies of the metropolitan 3246 planning organization and the Florida Transportation Plan. The 3247 transportation goals and policies of the regional planning 3248 council will be advisory only and shall be submitted to the 3249 department and any affected metropolitan planning organization 3250 for their consideration and comments. Metropolitan planning 3251 organization plans and other local transportation plans shall be 3252 developed consistent, to the maximum extent feasible, with the 3253 regional transportation goals and policies. 3254 Section 83.Paragraph (g) of subsection (6) of section 3255 339.175, Florida Statutes, is amended to read: 3256 339.175Metropolitan planning organization. 3257 (6)POWERS, DUTIES, AND RESPONSIBILITIES.The powers, 3258 privileges, and authority of an M.P.O. are those specified in 3259 this section or incorporated in an interlocal agreement 3260 authorized under s. 163.01. Each M.P.O. shall perform all acts 3261 required by federal or state laws or rules, now and subsequently 3262 applicable, which are necessary to qualify for federal aid. It 3263 is the intent of this section that each M.P.O. be involved in 3264 the planning and programming of transportation facilities, 3265 including, but not limited to, airports, intercity and high 3266 speed rail lines, seaports, and intermodal facilities, to the 3267 extent permitted by state or federal law. An M.P.O. may not 3268 perform project production or delivery for capital improvement 3269 projects on the State Highway System. 3270 (g)Each M.P.O. shall have an executive or staff director 3271 who reports directly to the M.P.O. governing board for all 3272 matters regarding the administration and operation of the M.P.O. 3273 and any additional personnel as deemed necessary. The executive 3274 director and any additional personnel may be employed either by 3275 an M.P.O. or by another governmental entity, such as a county 3276 or, city, or regional planning council, that has a staff 3277 services agreement signed and in effect with the M.P.O. Each 3278 M.P.O. may enter into contracts with local or state agencies, 3279 private planning firms, private engineering firms, or other 3280 public or private entities to accomplish its transportation 3281 planning and programming duties and administrative functions. 3282 Section 84.Subsection (6) of section 339.285, Florida 3283 Statutes, is amended to read: 3284 339.285Enhanced Bridge Program for Sustainable 3285 Transportation. 3286 (6)Preference shall be given to bridge projects located on 3287 corridors that connect to the Strategic Intermodal System, 3288 created under s. 339.64, and that have been identified as 3289 regionally significant in accordance with s. 339.155(4)(b), (c), 3290 and (d) s. 339.155(4)(c), (d), and (e). 3291 Section 85.Subsections (3) and (4) of section 339.63, 3292 Florida Statutes, are amended to read: 3293 339.63System facilities designated; additions and 3294 deletions. 3295 (3)After the initial designation of the Strategic 3296 Intermodal System under subsection (1), the department shall, in 3297 coordination with the metropolitan planning organizations, local 3298 governments, regional planning councils, transportation 3299 providers, and affected public agencies, add facilities to or 3300 delete facilities from the Strategic Intermodal System described 3301 in paragraphs (2)(b) and (c) based upon criteria adopted by the 3302 department. 3303 (4)After the initial designation of the Strategic 3304 Intermodal System under subsection (1), the department shall, in 3305 coordination with the metropolitan planning organizations, local 3306 governments, regional planning councils, transportation 3307 providers, and affected public agencies, add facilities to or 3308 delete facilities from the Strategic Intermodal System described 3309 in paragraph (2)(a) based upon criteria adopted by the 3310 department. However, an airport that is designated as a reliever 3311 airport to a Strategic Intermodal System airport which has at 3312 least 75,000 itinerant operations per year, has a runway length 3313 of at least 5,500 linear feet, is capable of handling aircraft 3314 weighing at least 60,000 pounds with a dual wheel configuration 3315 which is served by at least one precision instrument approach, 3316 and serves a cluster of aviation-dependent industries, shall be 3317 designated as part of the Strategic Intermodal System by the 3318 Secretary of Transportation upon the request of a reliever 3319 airport meeting this criteria. 3320 Section 86.Subsection (1) and paragraph (a) of subsection 3321 (3) of section 339.64, Florida Statutes, are amended to read: 3322 339.64Strategic Intermodal System Plan. 3323 (1)The department shall develop, in cooperation with 3324 metropolitan planning organizations, regional planning councils, 3325 local governments, and other transportation providers, a 3326 Strategic Intermodal System Plan. The plan shall be consistent 3327 with the Florida Transportation Plan developed pursuant to s. 3328 339.155 and shall be updated at least once every 5 years, 3329 subsequent to updates of the Florida Transportation Plan. 3330 (3)(a)During the development of updates to the Strategic 3331 Intermodal System Plan, the department shall provide 3332 metropolitan planning organizations, regional planning councils, 3333 local governments, transportation providers, affected public 3334 agencies, and citizens with an opportunity to participate in and 3335 comment on the development of the update. 3336 Section 87.Subsection (1) of section 341.041, Florida 3337 Statutes, is amended to read: 3338 341.041Transit responsibilities of the department.The 3339 department shall, within the resources provided pursuant to 3340 chapter 216: 3341 (1)Develop a statewide plan that provides for public 3342 transit and intercity bus service needs at least 5 years in 3343 advance. The plan shall be developed in a manner that will 3344 assure maximum use of existing facilities, and optimum 3345 integration and coordination of the various modes of 3346 transportation, including both governmentally owned and 3347 privately owned resources, in the most cost-effective manner 3348 possible. The plan shall also incorporate plans adopted by local 3349 and regional planning agencies which are consistent, to the 3350 maximum extent feasible, with adopted strategic policy plans and 3351 approved local government comprehensive plans for the region and 3352 units of local government covered by the plan and shall, insofar 3353 as practical, conform to federal planning requirements. The plan 3354 shall be consistent with the goals of the Florida Transportation 3355 Plan developed pursuant to s. 339.155. 3356 Section 88.Paragraph (m) of subsection (3) of section 3357 343.54, Florida Statutes, is amended to read: 3358 343.54Powers and duties. 3359 (3)The authority may exercise all powers necessary, 3360 appurtenant, convenient, or incidental to the carrying out of 3361 the aforesaid purposes, including, but not limited to, the 3362 following rights and powers: 3363 (m)To cooperate with other governmental entities and to 3364 contract with other governmental agencies, including the 3365 Department of Transportation, the Federal Government, regional 3366 planning councils, counties, and municipalities. 3367 Section 89.Paragraphs (c) and (d) of subsection (1) of 3368 section 366.93, Florida Statutes, are amended to read: 3369 366.93Cost recovery for the siting, design, licensing, and 3370 construction of nuclear and integrated gasification combined 3371 cycle power plants. 3372 (1)As used in this section, the term: 3373 (c)Integrated gasification combined cycle power plant or 3374 plant means an electrical power plant as defined in s. 403.503 3375 s. 403.503(14) which uses synthesis gas produced by integrated 3376 gasification technology. 3377 (d)Nuclear power plant or plant means an electrical 3378 power plant as defined in s. 403.503 s. 403.503(14) which uses 3379 nuclear materials for fuel. 3380 Section 90.Subsection (1) of section 369.303, Florida 3381 Statutes, is amended to read: 3382 369.303Definitions.As used in this part: 3383 (1)Council means the East Central Florida Regional 3384 Planning Council. 3385 Section 91.Subsection (3) of section 369.307, Florida 3386 Statutes, is amended to read: 3387 369.307Developments of regional impact in the Wekiva River 3388 Protection Area; land acquisition. 3389 (3)The Wekiva River Protection Area is hereby declared to 3390 be a natural resource of state and regional importance. The St. 3391 Johns River Water Management District East Central Florida 3392 Regional Planning Council shall adopt policies that as part of 3393 its strategic regional policy plan and regional issues list 3394 which will protect the water quantity, water quality, hydrology, 3395 wetlands, aquatic and wetland-dependent wildlife species, 3396 habitat of all species designated pursuant to rules 39-27.003, 3397 39-27.004, and 39-27.005, Florida Administrative Code, and 3398 native vegetation in the Wekiva River Protection Area. The water 3399 management district council shall also cooperate with the 3400 department in the departments implementation of the provisions 3401 of s. 369.305. 3402 Section 92.Paragraph (e) of subsection (1) of section 3403 373.309, Florida Statutes, is amended to read: 3404 373.309Authority to adopt rules and procedures. 3405 (1)The department shall adopt, and may from time to time 3406 amend, rules governing the location, construction, repair, and 3407 abandonment of water wells and shall be responsible for the 3408 administration of this part. With respect thereto, the 3409 department shall: 3410 (e)Encourage prevention of potable water well 3411 contamination and promote cost-effective remediation of 3412 contaminated potable water supplies by use of the Water Quality 3413 Assurance Trust Fund as provided in s. 376.307(1)(e) and 3414 establish by rule: 3415 1.Delineation of areas of groundwater contamination for 3416 implementation of well location and construction, testing, 3417 permitting, and clearance requirements as set forth in 3418 subparagraphs 2.-6. 2. , 3., 4., 5., and 6. The department shall 3419 make available to water management districts, regional planning 3420 councils, the Department of Health, and county building and 3421 zoning departments, maps or other information on areas of 3422 contamination, including areas of ethylene dibromide 3423 contamination. Such maps or other information shall be made 3424 available to property owners, realtors, real estate 3425 associations, property appraisers, and other interested persons 3426 upon request and upon payment of appropriate costs. 3427 2.Requirements for testing for suspected contamination in 3428 areas of known contamination, as a prerequisite for clearance of 3429 a water well for drinking purposes. The department is authorized 3430 to establish criteria for acceptance of water quality testing 3431 results from the Department of Health and laboratories certified 3432 by the Department of Health, and is authorized to establish 3433 requirements for sample collection quality assurance. 3434 3.Requirements for mandatory connection to available 3435 potable water systems in areas of known contamination, wherein 3436 the department may prohibit the permitting and construction of 3437 new potable water wells. 3438 4.Location and construction standards for public and all 3439 other potable water wells permitted in areas of contamination. 3440 Such standards shall be designed to minimize the effects of such 3441 contamination. 3442 5.A procedure for permitting all potable water wells in 3443 areas of known contamination. Any new water well that is to be 3444 used for drinking water purposes and that does not meet 3445 construction standards pursuant to subparagraph 4. must be 3446 abandoned and plugged by the owner. Water management districts 3447 shall implement, through delegation from the department, the 3448 permitting and enforcement responsibilities of this 3449 subparagraph. 3450 6.A procedure for clearing for use all potable water 3451 wells, except wells that serve a public water supply system, in 3452 areas of known contamination. If contaminants are found upon 3453 testing pursuant to subparagraph 2., a well may not be cleared 3454 for use without a filter or other means of preventing the users 3455 of the well from being exposed to deleterious amounts of 3456 contaminants. The Department of Health shall implement the 3457 responsibilities of this subparagraph. 3458 7.Fees to be paid for well construction permits and 3459 clearance for use. The fees shall be based on the actual costs 3460 incurred by the water management districts, the Department of 3461 Health, or other political subdivisions in carrying out the 3462 responsibilities related to potable water well permitting and 3463 clearance for use. The fees shall provide revenue to cover all 3464 such costs and shall be set according to the following schedule: 3465 a.The well construction permit fee may not exceed $500. 3466 b.The clearance fee may not exceed $50. 3467 8.Procedures for implementing well-location, construction, 3468 testing, permitting, and clearance requirements as set forth in 3469 subparagraphs 2.-6. within areas that research or monitoring 3470 data indicate are vulnerable to contamination with nitrate, or 3471 areas in which the department provides a subsidy for restoration 3472 or replacement of contaminated drinking water supplies through 3473 extending existing water lines or developing new water supply 3474 systems pursuant to s. 376.307(1)(e). The department shall 3475 consult with the Florida Ground Water Association in the process 3476 of developing rules pursuant to this subparagraph. 3477 3478 All fees and funds collected by each delegated entity pursuant 3479 to this part shall be deposited in the appropriate operating 3480 account of that entity. 3481 Section 93.Subsections (1) and (2) of section 373.415, 3482 Florida Statutes, are amended to read: 3483 373.415Protection zones; duties of the St. Johns River 3484 Water Management District. 3485 (1)Not later than November 1, 1988, the St. Johns River 3486 Water Management District shall adopt rules establishing 3487 protection zones adjacent to the watercourses in the Wekiva 3488 River System, as designated in s. 369.303 s. 369.303(10). Such 3489 protection zones shall be sufficiently wide to prevent harm to 3490 the Wekiva River System, including water quality, water 3491 quantity, hydrology, wetlands, and aquatic and wetland-dependent 3492 wildlife species, caused by any of the activities regulated 3493 under this part. Factors on which the widths of the protection 3494 zones shall be based shall include, but not be limited to: 3495 (a)The biological significance of the wetlands and uplands 3496 adjacent to the designated watercourses in the Wekiva River 3497 System, including the nesting, feeding, breeding, and resting 3498 needs of aquatic species and wetland-dependent wildlife species. 3499 (b)The sensitivity of these species to disturbance, 3500 including the short-term and long-term adaptability to 3501 disturbance of the more sensitive species, both migratory and 3502 resident. 3503 (c)The susceptibility of these lands to erosion, including 3504 the slope, soils, runoff characteristics, and vegetative cover. 3505 3506 In addition, the rules may establish permitting thresholds, 3507 permitting exemptions, or general permits, if such thresholds, 3508 exemptions, or general permits do not allow significant adverse 3509 impacts to the Wekiva River System to occur individually or 3510 cumulatively. 3511 (2)Notwithstanding the provisions of s. 120.60, the St. 3512 Johns River Water Management District may shall not issue any 3513 permit under this part within the Wekiva River Protection Area, 3514 as defined in s. 369.303 s. 369.303(9), until the appropriate 3515 local government has provided written notification to the 3516 district that the proposed activity is consistent with the local 3517 comprehensive plan and is in compliance with any land 3518 development regulation in effect in the area where the 3519 development will take place. The district may, however, inform 3520 any property owner who makes a request for such information as 3521 to the location of the protection zone or zones on his or her 3522 property. However, if a development proposal is amended as the 3523 result of the review by the district, a permit may be issued 3524 before prior to the development proposal is being returned, if 3525 necessary, to the local government for additional review. 3526 Section 94.Paragraph (a) of subsection (2) of section 3527 376.3072, Florida Statutes, is amended to read: 3528 376.3072Florida Petroleum Liability and Restoration 3529 Insurance Program. 3530 (2)(a)An owner or operator of a petroleum storage system 3531 may become an insured in the restoration insurance program at a 3532 facility if: 3533 1.A site at which an incident has occurred is eligible for 3534 restoration if the insured is a participant in the third-party 3535 liability insurance program or otherwise meets applicable 3536 financial responsibility requirements. After July 1, 1993, the 3537 insured must also provide the required excess insurance coverage 3538 or self-insurance for restoration to achieve the financial 3539 responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 3540 not covered by paragraph (d). 3541 2.A site which had a discharge reported before January 1, 3542 1989, for which notice was given pursuant to s. 376.3071(10) and 3543 which is ineligible for the third-party liability insurance 3544 program solely due to that discharge is eligible for 3545 participation in the restoration program for an incident 3546 occurring on or after January 1, 1989, pursuant to subsection 3547 (3). Restoration funding for an eligible contaminated site will 3548 be provided without participation in the third-party liability 3549 insurance program until the site is restored as required by the 3550 department or until the department determines that the site does 3551 not require restoration. 3552 3.Notwithstanding paragraph (b), a site where an 3553 application is filed with the department before January 1, 1995, 3554 where the owner is a small business under s. 288.703 s. 3555 288.703(6), a Florida College System institution with less than 3556 2,500 FTE, a religious institution as defined by s. 3557 212.08(7)(m), a charitable institution as defined by s. 3558 212.08(7)(p), or a county or municipality with a population of 3559 less than 50,000, is eligible for up to $400,000 of eligible 3560 restoration costs, less a deductible of $10,000 for small 3561 businesses, eligible Florida College System institutions, and 3562 religious or charitable institutions, and $30,000 for eligible 3563 counties and municipalities, if: 3564 a.Except as provided in sub-subparagraph e., the facility 3565 was in compliance with department rules at the time of the 3566 discharge. 3567 b.The owner or operator has, upon discovery of a 3568 discharge, promptly reported the discharge to the department, 3569 and drained and removed the system from service, if necessary. 3570 c.The owner or operator has not intentionally caused or 3571 concealed a discharge or disabled leak detection equipment. 3572 d.The owner or operator proceeds to complete initial 3573 remedial action as specified in department rules. 3574 e.The owner or operator, if required and if it has not 3575 already done so, applies for third-party liability coverage for 3576 the facility within 30 days after receipt of an eligibility 3577 order issued by the department pursuant to this subparagraph. 3578 3579 However, the department may consider in-kind services from 3580 eligible counties and municipalities in lieu of the $30,000 3581 deductible. The cost of conducting initial remedial action as 3582 defined by department rules is an eligible restoration cost 3583 pursuant to this subparagraph. 3584 4.a.By January 1, 1997, facilities at sites with existing 3585 contamination must have methods of release detection to be 3586 eligible for restoration insurance coverage for new discharges 3587 subject to department rules for secondary containment. Annual 3588 storage system testing, in conjunction with inventory control, 3589 shall be considered to be a method of release detection until 3590 the later of December 22, 1998, or 10 years after the date of 3591 installation or the last upgrade. Other methods of release 3592 detection for storage tanks which meet such requirement are: 3593 (I)Interstitial monitoring of tank and integral piping 3594 secondary containment systems; 3595 (II)Automatic tank gauging systems; or 3596 (III)A statistical inventory reconciliation system with a 3597 tank test every 3 years. 3598 b.For pressurized integral piping systems, the owner or 3599 operator must use: 3600 (I)An automatic in-line leak detector with flow 3601 restriction meeting the requirements of department rules used in 3602 conjunction with an annual tightness or pressure test; or 3603 (II)An automatic in-line leak detector with electronic 3604 flow shut-off meeting the requirements of department rules. 3605 c.For suction integral piping systems, the owner or 3606 operator must use: 3607 (I)A single check valve installed directly below the 3608 suction pump if there are no other valves between the dispenser 3609 and the tank; or 3610 (II)An annual tightness test or other approved test. 3611 d.Owners of facilities with existing contamination that 3612 install internal release detection systems pursuant to sub 3613 subparagraph a. shall permanently close their external 3614 groundwater and vapor monitoring wells pursuant to department 3615 rules by December 31, 1998. Upon installation of the internal 3616 release detection system, such wells must be secured and taken 3617 out of service until permanent closure. 3618 e.Facilities with vapor levels of contamination meeting 3619 the requirements of or below the concentrations specified in the 3620 performance standards for release detection methods specified in 3621 department rules may continue to use vapor monitoring wells for 3622 release detection. 3623 f.The department may approve other methods of release 3624 detection for storage tanks and integral piping which have at 3625 least the same capability to detect a new release as the methods 3626 specified in this subparagraph. 3627 3628 Sites meeting the criteria of this subsection for which a site 3629 rehabilitation completion order was issued before June 1, 2008, 3630 do not qualify for the 2008 increase in site rehabilitation 3631 funding assistance and are bound by the pre-June 1, 2008, 3632 limits. Sites meeting the criteria of this subsection for which 3633 a site rehabilitation completion order was not issued before 3634 June 1, 2008, regardless of whether they have previously 3635 transitioned to nonstate-funded cleanup status, may continue 3636 state-funded cleanup pursuant to s. 376.3071(6) until a site 3637 rehabilitation completion order is issued or the increased site 3638 rehabilitation funding assistance limit is reached, whichever 3639 occurs first. 3640 Section 95.Paragraph (k) of subsection (2) of section 3641 377.703, Florida Statutes, is amended to read: 3642 377.703Additional functions of the Department of 3643 Agriculture and Consumer Services. 3644 (2)DUTIES.The department shall perform the following 3645 functions, unless as otherwise provided, consistent with the 3646 development of a state energy policy: 3647 (k)The department shall coordinate energy-related programs 3648 of state government, including, but not limited to, the programs 3649 provided in this section. To this end, the department shall: 3650 1.Provide assistance to other state agencies, counties, 3651 and municipalities, and regional planning agencies to further 3652 and promote their energy planning activities. 3653 2.Require, in cooperation with the Department of 3654 Management Services, all state agencies to operate state-owned 3655 and state-leased buildings in accordance with energy 3656 conservation standards as adopted by the Department of 3657 Management Services. Every 3 months, the Department of 3658 Management Services shall furnish the department data on 3659 agencies energy consumption and emissions of greenhouse gases 3660 in a format prescribed by the department. 3661 3.Promote the development and use of renewable energy 3662 resources, energy efficiency technologies, and conservation 3663 measures. 3664 4.Promote the recovery of energy from wastes, including, 3665 but not limited to, the use of waste heat, the use of 3666 agricultural products as a source of energy, and recycling of 3667 manufactured products. Such promotion shall be conducted in 3668 conjunction with, and after consultation with, the Department of 3669 Environmental Protection and the Florida Public Service 3670 Commission where electrical generation or natural gas is 3671 involved, and any other relevant federal, state, or local 3672 governmental agency having responsibility for resource recovery 3673 programs. 3674 Section 96.Subsection (3) of section 378.411, Florida 3675 Statutes, is amended to read: 3676 378.411Certification to receive notices of intent to mine, 3677 to review, and to inspect for compliance. 3678 (3)In making his or her determination, the secretary shall 3679 consult with the Department of Commerce, the appropriate 3680 regional planning council, and the appropriate water management 3681 district. 3682 Section 97.Subsection (15) of section 380.031, Florida 3683 Statutes, is amended to read: 3684 380.031Definitions.As used in this chapter: 3685 (15)Regional planning agency means the agency designated 3686 by the state land planning agency to exercise responsibilities 3687 under this chapter in a particular region of the state. 3688 Section 98.Subsection (2) of section 380.045, Florida 3689 Statutes, is amended to read: 3690 380.045Resource planning and management committees; 3691 objectives; procedures. 3692 (2)The committee must include, but is not limited to, 3693 representation from each of the following: elected officials 3694 from the local governments within the area under study; the 3695 planning office of each of the local governments within the area 3696 under study; the state land planning agency; any other state 3697 agency under chapter 20 a representative of which the Governor 3698 feels is relevant to the compilation of the committee; and a 3699 water management district, if appropriate, and regional planning 3700 council all or part of whose jurisdiction lies within the area 3701 under study. After the appointment of the members, the Governor 3702 shall select a chair and vice chair. A staff member of the state 3703 land planning agency shall be appointed by the secretary of such 3704 agency to serve as the secretary of the committee. The state 3705 land planning agency shall, to the greatest extent possible, 3706 provide technical assistance and administrative support to the 3707 committee. Meetings will be called as needed by the chair or on 3708 the demand of three or more members of the committee. The 3709 committee will act on a simple majority of a quorum present and 3710 shall make a report within 6 months to the head of the state 3711 land planning agency. The committee must, from the time of 3712 appointment, remain in existence for no less than 6 months. 3713 Section 99.Subsections (3), (4), (7), (8), and (12) of 3714 section 380.05, Florida Statutes, are amended to read: 3715 380.05Areas of critical state concern. 3716 (3)Each local government regional planning agency may 3717 recommend to the state land planning agency from time to time 3718 areas wholly or partially within its jurisdiction that meet the 3719 criteria for areas of critical state concern as defined in this 3720 section. Each regional planning agency shall solicit from the 3721 local governments within its jurisdiction suggestions as to 3722 areas to be recommended. A local government in an area where 3723 there is no regional planning agency may recommend to the state 3724 land planning agency from time to time areas wholly or partially 3725 within its jurisdiction that meet the criteria for areas of 3726 critical state concern as defined in this section. If the state 3727 land planning agency does not recommend to the commission as an 3728 area of critical state concern an area substantially similar to 3729 one that has been recommended, it must shall respond in writing 3730 as to its reasons therefor. 3731 (4)Before Prior to submitting any recommendation to the 3732 commission under subsection (1), the state land planning agency 3733 shall give notice to any committee appointed pursuant to s. 3734 380.045 and to all local governments and regional planning 3735 agencies that include within their boundaries any part of any 3736 area of critical state concern proposed to be designated by the 3737 rule, in addition to any notice otherwise required under chapter 3738 120. 3739 (7)The state land planning agency and any applicable 3740 regional planning agency shall, to the greatest extent possible, 3741 provide technical assistance to local governments in the 3742 preparation of the land development regulations and local 3743 comprehensive plan for areas of critical state concern. 3744 (8)If any local government fails to submit land 3745 development regulations or a local comprehensive plan, or if the 3746 regulations or plan or plan amendment submitted do not comply 3747 with the principles for guiding development set out in the rule 3748 designating the area of critical state concern, within 120 days 3749 after the adoption of the rule designating an area of critical 3750 state concern, or within 120 days after the issuance of a 3751 recommended order on the compliance of the plan or plan 3752 amendment pursuant to s. 163.3184, or within 120 days after the 3753 effective date of an order rejecting a proposed land development 3754 regulation, the state land planning agency must shall submit to 3755 the commission recommended land development regulations and a 3756 local comprehensive plan or portions thereof applicable to that 3757 local governments portion of the area of critical state 3758 concern. Within 45 days following receipt of the recommendation 3759 from the agency, the commission shall either reject the 3760 recommendation as tendered or adopt the recommendation with or 3761 without modification, and by rule establish land development 3762 regulations and a local comprehensive plan applicable to that 3763 local governments portion of the area of critical state 3764 concern. However, such rule may shall not become effective 3765 before prior to legislative review of an area of critical state 3766 concern pursuant to paragraph (1)(c). In the rule, the 3767 commission shall specify the extent to which its land 3768 development regulations, plans, or plan amendments will 3769 supersede, or will be supplementary to, local land development 3770 regulations and plans. Notice of any proposed rule issued under 3771 this section shall be given to all local governments and 3772 regional planning agencies in the area of critical state 3773 concern, in addition to any other notice required under chapter 3774 120. The land development regulations and local comprehensive 3775 plan adopted by the commission under this section may include 3776 any type of regulation and plan that could have been adopted by 3777 the local government. Any land development regulations or local 3778 comprehensive plan or plan amendments adopted by the commission 3779 under this section shall be administered by the local government 3780 as part of, or in the absence of, the local land development 3781 regulations and local comprehensive plan. 3782 (12)Upon the request of a substantially interested person 3783 pursuant to s. 120.54(7), a local government or regional 3784 planning agency within the designated area, or the state land 3785 planning agency, the commission may by rule remove, contract, or 3786 expand any designated boundary. Boundary expansions are subject 3787 to legislative review pursuant to paragraph (1)(c). No boundary 3788 may be modified without a specific finding by the commission 3789 that such changes are consistent with necessary resource 3790 protection. The total boundaries of an entire area of critical 3791 state concern may shall not be removed by the commission unless 3792 a minimum time of 1 year has elapsed from the adoption of 3793 regulations and a local comprehensive plan pursuant to 3794 subsection (1), subsection (6), subsection (8), or subsection 3795 (10). Before totally removing such boundaries, the commission 3796 shall make findings that the regulations and plans adopted 3797 pursuant to subsection (1), subsection (6), subsection (8), or 3798 subsection (10) are being effectively implemented by local 3799 governments within the area of critical state concern to protect 3800 the area and that adopted local government comprehensive plans 3801 within the area have been conformed to principles for guiding 3802 development for the area. 3803 Section 100.Subsection (3) of section 380.055, Florida 3804 Statutes, is amended to read: 3805 380.055Big Cypress Area. 3806 (3)DESIGNATION AS AREA OF CRITICAL STATE CONCERN.The Big 3807 Cypress Area, as defined in this subsection, is hereby 3808 designated as an area of critical state concern. Big Cypress 3809 Area means the area generally depicted on the map entitled 3810 Boundary Map, Big Cypress National Freshwater Reserve, 3811 Florida, numbered BC-91,001 and dated November 1971, which is 3812 on file and available for public inspection in the office of the 3813 National Park Service, Department of the Interior, Washington, 3814 D.C., and in the office of the Board of Trustees of the Internal 3815 Improvement Trust Fund, which is the area proposed as the 3816 Federal Big Cypress National Freshwater Reserve, Florida, and 3817 that area described as follows: Sections 1, 2, 11, 12 and 13 in 3818 Township 49 South, Range 31 East; and Township 49 South, Range 3819 32 East, less Sections 19, 30 and 31; and Township 49 South, 3820 Range 33 East; and Township 49 South, Range 34 East; and 3821 Sections 1 through 5 and 10 through 14 in Township 50 South, 3822 Range 32 East; and Sections 1 through 18 and 20 through 25 in 3823 Township 50 South, Range 33 East; and Township 50 South, Range 3824 34 East, less Section 31; and Sections 1 and 2 in Township 51 3825 South, Range 34 East; All in Collier County, Florida, which 3826 described area shall be known as the Big Cypress National 3827 Preserve Addition, Florida, together with such contiguous land 3828 and water areas as are ecologically linked with the Everglades 3829 National Park, certain of the estuarine fisheries of South 3830 Florida, or the freshwater aquifer of South Florida, the 3831 definitive boundaries of which shall be set in the following 3832 manner: Within 120 days following the effective date of this 3833 act, the state land planning agency shall recommend definitive 3834 boundaries for the Big Cypress Area to the Administration 3835 Commission, after giving notice to all local governments and 3836 regional planning agencies which include within their boundaries 3837 any part of the area proposed to be included in the Big Cypress 3838 Area and holding such hearings as the state land planning agency 3839 deems appropriate. Within 45 days following receipt of the 3840 recommended boundaries, the Administration Commission shall 3841 adopt, modify, or reject the recommendation and shall by rule 3842 establish the boundaries of the area defined as the Big Cypress 3843 Area. 3844 Section 101.Subsection (6) and paragraph (b) of subsection 3845 (12) of section 380.06, Florida Statutes, are amended to read: 3846 380.06Developments of regional impact. 3847 (6)REPORTS.Notwithstanding any condition in a development 3848 order for an approved development of regional impact, the 3849 developer is not required to submit an annual or a biennial 3850 report on the development of regional impact to the local 3851 government, the regional planning agency, the state land 3852 planning agency, and all affected permit agencies unless 3853 required to do so by the local government that has jurisdiction 3854 over the development. The penalty for failure to file such a 3855 required report is as prescribed by the local government. 3856 (12)PROPOSED DEVELOPMENTS. 3857 (b)This subsection does not apply to: 3858 1.Amendments to a development order governing an existing 3859 development of regional impact. 3860 2.An application for development approval filed with a 3861 concurrent plan amendment application pending as of May 14, 3862 2015, if the applicant elects to have the application reviewed 3863 pursuant to this section as it existed on that date. The 3864 election shall be in writing and filed with the affected local 3865 government, regional planning council, and the state land 3866 planning agency before December 31, 2018. 3867 Section 102.Subsection (2) of section 380.061, Florida 3868 Statutes, is amended to read: 3869 380.061The Florida Quality Developments program. 3870 (2)Following written notification to the state land 3871 planning agency and the appropriate regional planning agency, a 3872 local government with an approved Florida Quality Development 3873 within its jurisdiction must set a public hearing pursuant to 3874 its local procedures and shall adopt a local development order 3875 to replace and supersede the development order adopted by the 3876 state land planning agency for the Florida Quality Development. 3877 Thereafter, the Florida Quality Development shall follow the 3878 procedures and requirements for developments of regional impact 3879 as specified in this chapter. 3880 Section 103.Subsection (2) of section 380.07, Florida 3881 Statutes, is amended to read: 3882 380.07Florida Land and Water Adjudicatory Commission. 3883 (2)Whenever any local government issues any development 3884 order in any area of critical state concern, or in regard to the 3885 abandonment of any approved development of regional impact, 3886 copies of such orders as prescribed by rule by the state land 3887 planning agency shall be transmitted to the state land planning 3888 agency, the regional planning agency, and the owner or developer 3889 of the property affected by such order. The state land planning 3890 agency shall adopt rules describing development order rendition 3891 and effectiveness in designated areas of critical state concern. 3892 Within 45 days after the order is rendered, the owner, the 3893 developer, or the state land planning agency may appeal the 3894 order to the Florida Land and Water Adjudicatory Commission by 3895 filing a petition alleging that the development order is not 3896 consistent with this part. 3897 Section 104.Paragraph (c) of subsection (3) of section 3898 380.23, Florida Statutes, is amended to read: 3899 380.23Federal consistency. 3900 (3)Consistency review shall be limited to review of the 3901 following activities, uses, and projects to ensure that such 3902 activities, uses, and projects are conducted in accordance with 3903 the states coastal management program: 3904 (c)Federally licensed or permitted activities affecting 3905 land or water uses when such activities are in or seaward of the 3906 jurisdiction of local governments required to develop a coastal 3907 zone protection element as provided in s. 380.24 and when such 3908 activities involve: 3909 1.Permits and licenses required under the Rivers and 3910 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended. 3911 2.Permits and licenses required under the Marine 3912 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss. 3913 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended. 3914 3.Permits and licenses required under the Federal Water 3915 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as 3916 amended, unless such permitting activities have been delegated 3917 to the state pursuant to said act. 3918 4.Permits and licenses relating to the transportation of 3919 hazardous substance materials or transportation and dumping 3920 which are issued pursuant to the Hazardous Materials 3921 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or 3922 33 U.S.C. s. 1321, as amended. 3923 5.Permits and licenses required under 15 U.S.C. ss. 717 3924 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 3925 1331-1356 for construction and operation of interstate gas 3926 pipelines and storage facilities. 3927 6.Permits and licenses required for the siting and 3928 construction of any new electrical power plants as defined in s. 3929 403.503 s. 403.503(14), as amended, and the licensing and 3930 relicensing of hydroelectric power plants under the Federal 3931 Power Act, 16 U.S.C. ss. 791a et seq., as amended. 3932 7.Permits and licenses required under the Mining Law of 3933 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands 3934 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral 3935 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as 3936 amended; the Federal Land Policy and Management Act, 43 U.S.C. 3937 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16 3938 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43 3939 U.S.C. ss. 1331 et seq., as amended, for drilling, mining, 3940 pipelines, geological and geophysical activities, or rights-of 3941 way on public lands and permits and licenses required under the 3942 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as 3943 amended. 3944 8.Permits and licenses for areas leased under the OCS 3945 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including 3946 leases and approvals of exploration, development, and production 3947 plans. 3948 9.Permits and licenses required under the Deepwater Port 3949 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended. 3950 10.Permits required for the taking of marine mammals under 3951 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 3952 s. 1374. 3953 Section 105.Subsection (3) of section 380.507, Florida 3954 Statutes, is amended to read: 3955 380.507Powers of the trust.The trust shall have all the 3956 powers necessary or convenient to carry out the purposes and 3957 provisions of this part, including: 3958 (3)To provide technical and financial assistance to local 3959 governments, state agencies, water management districts, 3960 regional planning councils, and nonprofit agencies to carry out 3961 projects and activities and develop programs to achieve the 3962 purposes of this part. 3963 Section 106.Paragraph (b) of subsection (8) of section 3964 381.986, Florida Statutes, is amended to read: 3965 381.986Medical use of marijuana. 3966 (8)MEDICAL MARIJUANA TREATMENT CENTERS. 3967 (b)An applicant for licensure as a medical marijuana 3968 treatment center shall apply to the department on a form 3969 prescribed by the department and adopted in rule. The department 3970 shall adopt rules pursuant to ss. 120.536(1) and 120.54 3971 establishing a procedure for the issuance and biennial renewal 3972 of licenses, including initial application and biennial renewal 3973 fees sufficient to cover the costs of implementing and 3974 administering this section, and establishing supplemental 3975 licensure fees for payment beginning May 1, 2018, sufficient to 3976 cover the costs of administering ss. 381.989 and 1004.4351. The 3977 department shall identify applicants with strong diversity plans 3978 reflecting this states commitment to diversity and implement 3979 training programs and other educational programs to enable 3980 minority persons and certified rural or urban minority business 3981 enterprises, as defined in s. 288.703, and veteran business 3982 enterprises, as defined in s. 295.187, to compete for medical 3983 marijuana treatment center licensure and contracts. Subject to 3984 the requirements in subparagraphs (a)2.-4., the department shall 3985 issue a license to an applicant if the applicant meets the 3986 requirements of this section and pays the initial application 3987 fee. The department shall renew the licensure of a medical 3988 marijuana treatment center biennially if the licensee meets the 3989 requirements of this section and pays the biennial renewal fee. 3990 However, the department may not renew the license of a medical 3991 marijuana treatment center that has not begun to cultivate, 3992 process, and dispense marijuana by the date that the medical 3993 marijuana treatment center is required to renew its license. An 3994 individual may not be an applicant, owner, officer, board 3995 member, or manager on more than one application for licensure as 3996 a medical marijuana treatment center. An individual or entity 3997 may not be awarded more than one license as a medical marijuana 3998 treatment center. An applicant for licensure as a medical 3999 marijuana treatment center must demonstrate: 4000 1.That, for the 5 consecutive years before submitting the 4001 application, the applicant has been registered to do business in 4002 the state. 4003 2.Possession of a valid certificate of registration issued 4004 by the Department of Agriculture and Consumer Services pursuant 4005 to s. 581.131. 4006 3.The technical and technological ability to cultivate and 4007 produce marijuana, including, but not limited to, low-THC 4008 cannabis. 4009 4.The ability to secure the premises, resources, and 4010 personnel necessary to operate as a medical marijuana treatment 4011 center. 4012 5.The ability to maintain accountability of all raw 4013 materials, finished products, and any byproducts to prevent 4014 diversion or unlawful access to or possession of these 4015 substances. 4016 6.An infrastructure reasonably located to dispense 4017 marijuana to registered qualified patients statewide or 4018 regionally as determined by the department. 4019 7.The financial ability to maintain operations for the 4020 duration of the 2-year approval cycle, including the provision 4021 of certified financial statements to the department. 4022 a.Upon approval, the applicant must post a $5 million 4023 performance bond issued by an authorized surety insurance 4024 company rated in one of the three highest rating categories by a 4025 nationally recognized rating service. However, a medical 4026 marijuana treatment center serving at least 1,000 qualified 4027 patients is only required to maintain a $2 million performance 4028 bond. 4029 b.In lieu of the performance bond required under sub 4030 subparagraph a., the applicant may provide an irrevocable letter 4031 of credit payable to the department or provide cash to the 4032 department. If provided with cash under this sub-subparagraph, 4033 the department shall deposit the cash in the Grants and 4034 Donations Trust Fund within the Department of Health, subject to 4035 the same conditions as the bond regarding requirements for the 4036 applicant to forfeit ownership of the funds. If the funds 4037 deposited under this sub-subparagraph generate interest, the 4038 amount of that interest shall be used by the department for the 4039 administration of this section. 4040 8.That all owners, officers, board members, and managers 4041 have passed a background screening pursuant to subsection (9). 4042 9.The employment of a medical director to supervise the 4043 activities of the medical marijuana treatment center. 4044 10.A diversity plan that promotes and ensures the 4045 involvement of minority persons and certified rural or urban 4046 minority business enterprises, as defined in s. 288.703, or 4047 veteran business enterprises, as defined in s. 295.187, in 4048 ownership, management, and employment. An applicant for 4049 licensure renewal must show the effectiveness of the diversity 4050 plan by including the following with his or her application for 4051 renewal: 4052 a.Representation of minority persons and veterans in the 4053 medical marijuana treatment centers workforce; 4054 b.Efforts to recruit minority persons and veterans for 4055 employment; and 4056 c.A record of contracts for services with rural or urban 4057 minority business enterprises and veteran business enterprises. 4058 Section 107.Subsection (4) of section 403.031, Florida 4059 Statutes, is amended to read: 4060 403.031Definitions.In construing this chapter, or rules 4061 and regulations adopted pursuant hereto, the following words, 4062 phrases, or terms, unless the context otherwise indicates, have 4063 the following meanings: 4064 (4)Electrical power plant means, for purposes of this 4065 part of this chapter, any electrical generating facility that 4066 uses any process or fuel and that is owned or operated by an 4067 electric utility, as defined in s. 403.503 s. 403.503(14), and 4068 includes any associated facility that directly supports the 4069 operation of the electrical power plant. 4070 Section 108.Subsection (6) of section 403.0752, Florida 4071 Statutes, is amended to read: 4072 403.0752Ecosystem management agreements. 4073 (6)The secretary of the department may form ecosystem 4074 management advisory teams for consultation and participation in 4075 the preparation of an ecosystem management agreement. The 4076 secretary shall request the participation of at least the state 4077 and regional and local government entities having regulatory 4078 authority over the activities to be subject to the ecosystem 4079 management agreement. Such teams may also include 4080 representatives of other participating or advisory government 4081 agencies, which may include regional planning councils, private 4082 landowners, public landowners and managers, public and private 4083 utilities, corporations, and environmental interests. Team 4084 members shall be selected in a manner that ensures adequate 4085 representation of the diverse interests and perspectives within 4086 the designated ecosystem. Participation by any department of 4087 state government is at the discretion of that agency. 4088 Section 109.Subsection (27) of section 403.503, Florida 4089 Statutes, is amended to read: 4090 403.503Definitions relating to Florida Electrical Power 4091 Plant Siting Act.As used in this act: 4092 (27)Regional planning council means a regional planning 4093 council as defined in s. 186.503(4) in the jurisdiction of which 4094 the electrical power plant is proposed to be located. 4095 Section 110.Subsection (1) of section 403.50663, Florida 4096 Statutes, is amended to read: 4097 403.50663Informational public meetings. 4098 (1)A local government within whose jurisdiction the power 4099 plant is proposed to be sited may hold one informational public 4100 meeting in addition to the hearings specifically authorized by 4101 this act on any matter associated with the electrical power 4102 plant proceeding. Such informational public meetings shall be 4103 held by the local government or by the regional planning council 4104 if the local government does not hold such meeting within 70 4105 days after the filing of the application. The purpose of an 4106 informational public meeting is for the local government or 4107 regional planning council to further inform the public about the 4108 proposed electrical power plant or associated facilities, obtain 4109 comments from the public, and formulate its recommendation with 4110 respect to the proposed electrical power plant. 4111 Section 111.Paragraph (a) of subsection (2) of section 4112 403.507, Florida Statutes, is amended to read: 4113 403.507Preliminary statements of issues, reports, project 4114 analyses, and studies. 4115 (2)(a)No later than 100 days after the certification 4116 application has been determined complete, the following agencies 4117 shall prepare reports as provided below and shall submit them to 4118 the department and the applicant, unless a final order denying 4119 the determination of need has been issued under s. 403.519: 4120 1.The Department of Commerce shall prepare a report 4121 containing recommendations which address the impact upon the 4122 public of the proposed electrical power plant, based on the 4123 degree to which the electrical power plant is consistent with 4124 the applicable portions of the state comprehensive plan, 4125 emergency management, and other such matters within its 4126 jurisdiction. The Department of Commerce may also comment on the 4127 consistency of the proposed electrical power plant with 4128 applicable strategic regional policy plans or local 4129 comprehensive plans and land development regulations. 4130 2.The water management district shall prepare a report as 4131 to matters within its jurisdiction, including but not limited 4132 to, the impact of the proposed electrical power plant on water 4133 resources, regional water supply planning, and district-owned 4134 lands and works. 4135 3.Each local government in whose jurisdiction the proposed 4136 electrical power plant is to be located shall prepare a report 4137 as to the consistency of the proposed electrical power plant 4138 with all applicable local ordinances, regulations, standards, or 4139 criteria that apply to the proposed electrical power plant, 4140 including any applicable local environmental regulations adopted 4141 pursuant to s. 403.182 or by other means. 4142 4.The Fish and Wildlife Conservation Commission shall 4143 prepare a report as to matters within its jurisdiction. 4144 5.The Department of Transportation shall address the 4145 impact of the proposed electrical power plant on matters within 4146 its jurisdiction. 4147 Section 112.Paragraphs (a) and (c) of subsection (4) of 4148 section 403.509, Florida Statutes, are amended to read: 4149 403.509Final disposition of application. 4150 (4)(a)Any transmission line corridor certified by the 4151 board, or secretary if applicable, shall meet the criteria of 4152 this section. When more than one transmission line corridor is 4153 proper for certification under s. 403.503 s. 403.503(11) and 4154 meets the criteria of this section, the board, or secretary if 4155 applicable, shall certify the transmission line corridor that 4156 has the least adverse impact regarding the criteria in 4157 subsection (3), including costs. 4158 (c)If the board, or secretary if applicable, finds that 4159 two or more of the corridors that comply with subsection (3) 4160 have the least adverse impacts regarding the criteria in 4161 subsection (3), including costs, and that the corridors are 4162 substantially equal in adverse impacts regarding the criteria in 4163 subsection (3), including costs, the board, or secretary if 4164 applicable, shall certify the corridor preferred by the 4165 applicant if the corridor is one proper for certification under 4166 s. 403.503 s. 403.503(11). 4167 Section 113.Paragraph (a) of subsection (6) and paragraph 4168 (a) of subsection (7) of section 403.5115, Florida Statutes, are 4169 amended to read: 4170 403.5115Public notice. 4171 (6)(a)A good faith effort shall be made by the applicant 4172 to provide direct written notice of the filing of an application 4173 for certification by United States mail or hand delivery no 4174 later than 45 days after filing of the application to all local 4175 landowners whose property, as noted in the most recent local 4176 government tax records, and residences are located within the 4177 following distances of the proposed project: 4178 1.Three miles of the proposed main site boundaries of the 4179 proposed electrical power plant. 4180 2.One-quarter mile for a transmission line corridor that 4181 only includes a transmission line as defined by s. 403.522 s. 4182 403.522(22). 4183 3.One-quarter mile for all other linear associated 4184 facilities extending away from the main site boundary except for 4185 a transmission line corridor that includes a transmission line 4186 that operates below those defined by s. 403.522 s. 403.522(22). 4187 (7)(a)A good faith effort shall be made by the proponent 4188 of an alternate corridor that includes a transmission line, as 4189 defined by s. 403.522 s. 403.522(22), to provide direct written 4190 notice of the filing of an alternate corridor for certification 4191 by United States mail or hand delivery of the filing no later 4192 than 30 days after filing of the alternate corridor to all local 4193 landowners whose property, as noted in the most recent local 4194 government tax records, and residences, are located within one 4195 quarter mile of the proposed boundaries of a transmission line 4196 corridor that includes a transmission line as defined by s. 4197 403.522 s. 403.522(22). 4198 Section 114.Subsection (1) of section 403.5175, Florida 4199 Statutes, is amended to read: 4200 403.5175Existing electrical power plant site 4201 certification. 4202 (1)An electric utility that owns or operates an existing 4203 electrical power plant as defined in s. 403.503 s. 403.503(14) 4204 may apply for certification of an existing power plant and its 4205 site in order to obtain all agency licenses necessary to ensure 4206 compliance with federal or state environmental laws and 4207 regulation using the centrally coordinated, one-stop licensing 4208 process established by this part. An application for 4209 certification under this section must be in the form prescribed 4210 by department rule. Applications must be reviewed and processed 4211 using the same procedural steps and notices as for an 4212 application for a new facility, except that a determination of 4213 need by the Public Service Commission is not required. 4214 Section 115.Paragraph (c) of subsection (2) of section 4215 403.518, Florida Statutes, is amended to read: 4216 403.518Fees; disposition.The department shall charge the 4217 applicant the following fees, as appropriate, which, unless 4218 otherwise specified, shall be paid into the Florida Permit Fee 4219 Trust Fund: 4220 (2)An application fee, which may shall not exceed 4221 $200,000. The fee shall be fixed by rule on a sliding scale 4222 related to the size, type, ultimate site capacity, or increase 4223 in electrical generating capacity proposed by the application. 4224 (c)1.Upon written request with proper itemized accounting 4225 within 90 days after final agency action by the board or 4226 department or withdrawal of the application, the agencies that 4227 prepared reports pursuant to s. 403.507 or participated in a 4228 hearing pursuant to s. 403.508 may submit a written request to 4229 the department for reimbursement of expenses incurred during the 4230 certification proceedings. The request must shall contain an 4231 accounting of expenses incurred which may include time spent 4232 reviewing the application, preparation of any studies required 4233 of the agencies by this act, agency travel and per diem to 4234 attend any hearing held pursuant to this act, and for any local 4235 governments or regional planning councils provision of notice 4236 of public meetings required as a result of the application for 4237 certification. The department shall review the request and 4238 verify that the expenses are valid. Valid expenses must shall be 4239 reimbursed; however, in the event the amount of funds available 4240 for reimbursement is insufficient to provide for full 4241 compensation to the agencies requesting reimbursement, 4242 reimbursement is shall be on a prorated basis. 4243 2.If the application review is held in abeyance for more 4244 than 1 year, the agencies may submit a request for 4245 reimbursement. This time period is shall be measured from the 4246 date the applicant has provided written notification to the 4247 department that it desires to have the application review 4248 process placed on hold. The fee disbursement shall be processed 4249 in accordance with subparagraph 1. 4250 Section 116.Subsection (21) of section 403.522, Florida 4251 Statutes, is amended to read: 4252 403.522Definitions relating to the Florida Electric 4253 Transmission Line Siting Act.As used in this act: 4254 (21)Regional planning council means a regional planning 4255 council as defined in s. 186.503(4) in the jurisdiction of which 4256 the project is proposed to be located. 4257 Section 117.Paragraph (a) of subsection (2) of section 4258 403.526, Florida Statutes, is amended to read: 4259 403.526Preliminary statements of issues, reports, and 4260 project analyses; studies. 4261 (2)(a)No later than 90 days after the filing of the 4262 application, the following agencies shall prepare reports as 4263 provided below, unless a final order denying the determination 4264 of need has been issued under s. 403.537: 4265 1.The department shall prepare a report as to the impact 4266 of each proposed transmission line or corridor as it relates to 4267 matters within its jurisdiction. 4268 2.Each water management district in the jurisdiction of 4269 which a proposed transmission line or corridor is to be located 4270 shall prepare a report as to the impact on water resources and 4271 other matters within its jurisdiction. 4272 3.The Department of Commerce shall prepare a report 4273 containing recommendations which address the impact upon the 4274 public of the proposed transmission line or corridor, based on 4275 the degree to which the proposed transmission line or corridor 4276 is consistent with the applicable portions of the state 4277 comprehensive plan, emergency management, and other matters 4278 within its jurisdiction. The Department of Commerce may also 4279 comment on the consistency of the proposed transmission line or 4280 corridor with applicable strategic regional policy plans or 4281 local comprehensive plans and land development regulations. 4282 4.The Fish and Wildlife Conservation Commission shall 4283 prepare a report as to the impact of each proposed transmission 4284 line or corridor on fish and wildlife resources and other 4285 matters within its jurisdiction. 4286 5.Each local government shall prepare a report as to the 4287 impact of each proposed transmission line or corridor on matters 4288 within its jurisdiction, including the consistency of the 4289 proposed transmission line or corridor with all applicable local 4290 ordinances, regulations, standards, or criteria that apply to 4291 the proposed transmission line or corridor, including local 4292 comprehensive plans, zoning regulations, land development 4293 regulations, and any applicable local environmental regulations 4294 adopted pursuant to s. 403.182 or by other means. A change by 4295 the responsible local government or local agency in local 4296 comprehensive plans, zoning ordinances, or other regulations 4297 made after the date required for the filing of the local 4298 governments report required by this section is not applicable 4299 to the certification of the proposed transmission line or 4300 corridor unless the certification is denied or the application 4301 is withdrawn. 4302 6.The Department of Transportation shall prepare a report 4303 as to the impact of the proposed transmission line or corridor 4304 on state roads, railroads, airports, aeronautics, seaports, and 4305 other matters within its jurisdiction. 4306 7.The commission shall prepare a report containing its 4307 determination under s. 403.537, and the report may include the 4308 comments from the commission with respect to any other subject 4309 within its jurisdiction. 4310 8.Any other agency, if requested by the department, shall 4311 also perform studies or prepare reports as to subjects within 4312 the jurisdiction of the agency which may potentially be affected 4313 by the proposed transmission line. 4314 Section 118.Paragraphs (d) and (f) of subsection (1) of 4315 section 403.5271, Florida Statutes, are amended to read: 4316 403.5271Alternate corridors. 4317 (1)No later than 45 days before the originally scheduled 4318 certification hearing, any party may propose alternate 4319 transmission line corridor routes for consideration under the 4320 provisions of this act. 4321 (d)Within 21 days after acceptance of an alternate 4322 corridor by the department and the applicant, the party 4323 proposing an alternate corridor shall have the burden of 4324 providing all data to the agencies listed in s. 403.5365 s. 4325 403.526(2) and newly affected agencies necessary for the 4326 preparation of a supplementary report on the proposed alternate 4327 corridor. 4328 (f)The agencies listed in s. 403.5365 s. 403.526(2) and 4329 any newly affected agencies shall file supplementary reports 4330 with the applicant and the department which address the proposed 4331 alternate corridors no later than 24 days after the data 4332 submitted pursuant to paragraph (d) or paragraph (e) is 4333 determined to be complete. 4334 Section 119.Subsection (1) of section 403.5272, Florida 4335 Statutes, is amended to read: 4336 403.5272Informational public meetings. 4337 (1)A local government whose jurisdiction is to be crossed 4338 by a proposed corridor may hold one informational public meeting 4339 in addition to the hearings specifically authorized by this act 4340 on any matter associated with the transmission line proceeding. 4341 The informational public meeting may be conducted by the local 4342 government or the regional planning council and shall be held no 4343 later than 55 days after the application is filed. The purpose 4344 of an informational public meeting is for the local government 4345 or regional planning council to further inform the public about 4346 the transmission line proposed, obtain comments from the public, 4347 and formulate its recommendation with respect to the proposed 4348 transmission line. 4349 Section 120.Subsection (4), paragraph (a) of subsection 4350 (5), and paragraph (a) of subsection (6) of section 403.5363, 4351 Florida Statutes, are amended to read: 4352 403.5363Public notices; requirements. 4353 (4)A local government or regional planning council that 4354 proposes to conduct an informational public meeting pursuant to 4355 s. 403.5272 must publish notice of the meeting in a newspaper of 4356 general circulation within the county or counties in which the 4357 proposed electrical transmission line will be located no later 4358 than 7 days before prior to the meeting. A newspaper of general 4359 circulation shall be the newspaper that has the largest daily 4360 circulation in that county and has its principal office in that 4361 county. If the newspaper with the largest daily circulation has 4362 its principal office outside the county, the notices shall 4363 appear in both the newspaper having the largest circulation in 4364 that county and in a newspaper authorized to publish legal 4365 notices in that county. 4366 (5)(a)A good faith effort shall be made by the applicant 4367 to provide direct notice of the filing of an application for 4368 certification by United States mail or hand delivery no later 4369 than 45 days after filing of the application to all local 4370 landowners whose property, as noted in the most recent local 4371 government tax records, and residences are located within one 4372 quarter mile of the proposed boundaries of a transmission line 4373 corridor that only includes a transmission line as defined by s. 4374 403.522 s. 403.522(22). 4375 (6)(a)A good faith effort shall be made by the proponent 4376 of an alternate corridor that includes a transmission line, as 4377 defined by s. 403.522 s. 403.522(22), to provide direct notice 4378 of the filing of an alternate corridor for certification by 4379 United States mail or hand delivery of the filing no later than 4380 30 days after filing of the alternate corridor to all local 4381 landowners whose property, as noted in the most recent local 4382 government tax records, and residences are located within one 4383 quarter mile of the proposed boundaries of a transmission line 4384 corridor that includes a transmission line as defined by s. 4385 403.522 s. 403.522(22). 4386 Section 121.Paragraph (d) of subsection (1) of section 4387 403.5365, Florida Statutes, is amended to read: 4388 403.5365Fees; disposition.The department shall charge the 4389 applicant the following fees, as appropriate, which, unless 4390 otherwise specified, shall be paid into the Florida Permit Fee 4391 Trust Fund: 4392 (1)An application fee. 4393 (d)1.Upon written request with proper itemized accounting 4394 within 90 days after final agency action by the siting board or 4395 the department or the written notification of the withdrawal of 4396 the application, the agencies that prepared reports under s. 4397 403.526 or s. 403.5271 or participated in a hearing under s. 4398 403.527 or s. 403.5271 may submit a written request to the 4399 department for reimbursement of expenses incurred during the 4400 certification proceedings. The request must contain an 4401 accounting of expenses incurred, which may include time spent 4402 reviewing the application, preparation of any studies required 4403 of the agencies by this act, agency travel and per diem to 4404 attend any hearing held under this act, and for the local 4405 government or regional planning council providing additional 4406 notice of the informational public meeting. The department shall 4407 review the request and verify whether a claimed expense is 4408 valid. Valid expenses shall be reimbursed; however, if the 4409 amount of funds available for reimbursement is insufficient to 4410 provide for full compensation to the agencies, reimbursement 4411 shall be on a prorated basis. 4412 2.If the application review is held in abeyance for more 4413 than 1 year, the agencies may submit a request for reimbursement 4414 under subparagraph 1. This time period shall be measured from 4415 the date the applicant has provided written notification to the 4416 department that it desires to have the application review 4417 process placed on hold. The fee disbursement shall be processed 4418 in accordance with subparagraph 1. 4419 Section 122.Paragraphs (a) and (d) of subsection (1) of 4420 section 403.537, Florida Statutes, are amended to read: 4421 403.537Determination of need for transmission line; powers 4422 and duties. 4423 (1)(a)Upon request by an applicant or upon its own motion, 4424 the Florida Public Service Commission shall schedule a public 4425 hearing, after notice, to determine the need for a transmission 4426 line regulated by the Florida Electric Transmission Line Siting 4427 Act, ss. 403.52-403.5365. The notice shall be published at least 4428 21 days before the date set for the hearing and shall be 4429 published by the applicant in at least one-quarter page size 4430 notice in newspapers of general circulation, and by the 4431 commission in the manner specified in chapter 120, by giving 4432 notice to counties and regional planning councils in whose 4433 jurisdiction the transmission line could be placed, and by 4434 giving notice to any persons who have requested to be placed on 4435 the mailing list of the commission for this purpose. Within 21 4436 days after receipt of a request for determination by an 4437 applicant, the commission shall set a date for the hearing. The 4438 hearing shall be held pursuant to s. 350.01 within 45 days after 4439 the filing of the request, and a decision shall be rendered 4440 within 60 days after such filing. 4441 (d)The determination by the commission of the need for the 4442 transmission line, as defined in s. 403.522 s. 403.522(22), is 4443 binding on all parties to any certification proceeding under the 4444 Florida Electric Transmission Line Siting Act and is a condition 4445 precedent to the conduct of the certification hearing prescribed 4446 therein. An order entered pursuant to this section constitutes 4447 final agency action. 4448 Section 123.Subsection (17) of section 403.704, Florida 4449 Statutes, is amended to read: 4450 403.704Powers and duties of the department.The department 4451 shall have responsibility for the implementation and enforcement 4452 of this act. In addition to other powers and duties, the 4453 department shall: 4454 (17)Provide technical assistance to local governments and 4455 regional agencies to ensure consistency between county hazardous 4456 waste management assessments; coordinate the development of such 4457 assessments with the assistance of the appropriate regional 4458 planning councils; and review and make recommendations to the 4459 Legislature relative to the sufficiency of the assessments to 4460 meet state hazardous waste management needs. 4461 Section 124.Subsections (3) and (6) of section 403.7225, 4462 Florida Statutes, are amended to read: 4463 403.7225Local hazardous waste management assessments. 4464 (3)Each county or regional planning council shall 4465 coordinate the local hazardous waste management assessments 4466 within its jurisdiction according to guidelines established 4467 under s. 403.7226. If a county declines to perform the local 4468 hazardous waste management assessment, the county must shall 4469 make arrangements with the department its regional planning 4470 council to perform the assessment. 4471 (6)Unless performed by the county pursuant to subsection 4472 (3), the department regional planning councils shall upon 4473 successful arrangements with a county: 4474 (a)Perform local hazardous waste management assessments; 4475 and 4476 (b)Provide any technical expertise needed by the counties 4477 in developing the assessments. 4478 Section 125.Subsection (1) of section 403.7226, Florida 4479 Statutes, is amended to read: 4480 403.7226Technical assistance by the department.The 4481 department shall: 4482 (1)Provide technical assistance to county governments and 4483 regional planning councils to ensure consistency in implementing 4484 local hazardous waste management assessments as provided in ss. 4485 403.7225, 403.7234, and 403.7236. In order to ensure that each 4486 local assessment is properly implemented and that all 4487 information gathered during the assessment is uniformly compiled 4488 and documented, each county or regional planning council shall 4489 contact the department during the preparation of the local 4490 assessment to receive technical assistance. Each county or 4491 regional planning council shall follow guidelines established by 4492 the department, and adopted by rule as appropriate, in order to 4493 properly implement these assessments. 4494 Section 126.Subsection (2) of section 403.723, Florida 4495 Statutes, is amended to read: 4496 403.723Siting of hazardous waste facilities.It is the 4497 intent of the Legislature to facilitate siting of proper 4498 hazardous waste storage facilities in each region and any 4499 additional storage, treatment, or disposal facilities as 4500 required. The Legislature recognizes the need for facilitating 4501 disposal of waste produced by small generators, reducing the 4502 volume of wastes generated in the state, reducing the toxicity 4503 of wastes generated in the state, and providing treatment and 4504 disposal facilities in the state. 4505 (2)After each county designates areas for storage 4506 facilities, the department each regional planning council shall 4507 designate one or more sites at which a regional hazardous waste 4508 storage or treatment facility could be constructed. 4509 Section 127.Subsection (22) of section 403.9403, Florida 4510 Statutes, is amended to read: 4511 403.9403Definitions.As used in ss. 403.9401-403.9425, the 4512 term: 4513 (22)Regional planning council means a regional planning 4514 council created pursuant to chapter 186 in the jurisdiction of 4515 which the project is proposed to be located. 4516 Section 128.Paragraph (a) of subsection (2) of section 4517 403.941, Florida Statutes, is amended to read: 4518 403.941Preliminary statements of issues, reports, and 4519 studies. 4520 (2)(a)The affected agencies shall prepare reports as 4521 provided in this paragraph and shall submit them to the 4522 department and the applicant within 60 days after the 4523 application is determined sufficient: 4524 1.The department shall prepare a report as to the impact 4525 of each proposed natural gas transmission pipeline or corridor 4526 as it relates to matters within its jurisdiction. 4527 2.Each water management district in the jurisdiction of 4528 which a proposed natural gas transmission pipeline or corridor 4529 is to be located shall prepare a report as to the impact on 4530 water resources and other matters within its jurisdiction. 4531 3.The Department of Commerce shall prepare a report 4532 containing recommendations which address the impact upon the 4533 public of the proposed natural gas transmission pipeline or 4534 corridor, based on the degree to which the proposed natural gas 4535 transmission pipeline or corridor is consistent with the 4536 applicable portions of the state comprehensive plan and other 4537 matters within its jurisdiction. The Department of Commerce may 4538 also comment on the consistency of the proposed natural gas 4539 transmission pipeline or corridor with applicable strategic 4540 regional policy plans or local comprehensive plans and land 4541 development regulations. 4542 4.The Fish and Wildlife Conservation Commission shall 4543 prepare a report as to the impact of each proposed natural gas 4544 transmission pipeline or corridor on fish and wildlife resources 4545 and other matters within its jurisdiction. 4546 5.Each local government in which the natural gas 4547 transmission pipeline or natural gas transmission pipeline 4548 corridor will be located shall prepare a report as to the impact 4549 of each proposed natural gas transmission pipeline or corridor 4550 on matters within its jurisdiction, including the consistency of 4551 the proposed natural gas transmission pipeline or corridor with 4552 all applicable local ordinances, regulations, standards, or 4553 criteria that apply to the proposed natural gas transmission 4554 pipeline or corridor, including local comprehensive plans, 4555 zoning regulations, land development regulations, and any 4556 applicable local environmental regulations adopted pursuant to 4557 s. 403.182 or by other means. No change by the responsible local 4558 government or local agency in local comprehensive plans, zoning 4559 ordinances, or other regulations made after the date required 4560 for the filing of the local governments report required by this 4561 section shall be applicable to the certification of the proposed 4562 natural gas transmission pipeline or corridor unless the 4563 certification is denied or the application is withdrawn. 4564 6.The Department of Transportation shall prepare a report 4565 on the effect of the natural gas transmission pipeline or 4566 natural gas transmission pipeline corridor on matters within its 4567 jurisdiction, including roadway crossings by the pipeline. The 4568 report shall contain at a minimum: 4569 a.A report by the applicant to the department stating that 4570 all requirements of the departments utilities accommodation 4571 guide have been or will be met in regard to the proposed 4572 pipeline or pipeline corridor; and 4573 b.A statement by the department as to the adequacy of the 4574 report to the department by the applicant. 4575 7.The Department of State, Division of Historical 4576 Resources, shall prepare a report on the impact of the natural 4577 gas transmission pipeline or natural gas transmission pipeline 4578 corridor on matters within its jurisdiction. 4579 8.The commission shall prepare a report addressing matters 4580 within its jurisdiction. The commissions report shall include 4581 its determination of need issued pursuant to s. 403.9422. 4582 Section 129.Paragraph (a) of subsection (1) of section 4583 403.9422, Florida Statutes, is amended to read: 4584 403.9422Determination of need for natural gas transmission 4585 pipeline; powers and duties. 4586 (1)(a)Upon request by an applicant or upon its own motion, 4587 the commission shall schedule a public hearing, after notice, to 4588 determine the need for a natural gas transmission pipeline 4589 regulated by ss. 403.9401-403.9425. Such notice shall be 4590 published at least 45 days before the date set for the hearing 4591 and shall be published in at least one-quarter page size in 4592 newspapers of general circulation and in the Florida 4593 Administrative Register, by giving notice to counties and 4594 regional planning councils in whose jurisdiction the natural gas 4595 transmission pipeline could be placed, and by giving notice to 4596 any persons who have requested to be placed on the mailing list 4597 of the commission for this purpose. Within 21 days after receipt 4598 of a request for determination by an applicant, the commission 4599 shall set a date for the hearing. The hearing shall be held 4600 pursuant to s. 350.01 within 75 days after the filing of the 4601 request, and a decision shall be rendered within 90 days after 4602 such filing. 4603 Section 130.Subsection (4) of section 403.973, Florida 4604 Statutes, is amended to read: 4605 403.973Expedited permitting; amendments to comprehensive 4606 plans. 4607 (4)The regional teams shall be established through the 4608 execution of a project-specific memorandum of agreement 4609 developed and executed by the applicant and the secretary, with 4610 input solicited from the respective heads of the Department of 4611 Transportation and its district offices, the Department of 4612 Agriculture and Consumer Services, the Fish and Wildlife 4613 Conservation Commission, appropriate regional planning councils, 4614 appropriate water management districts, and voluntarily 4615 participating municipalities and counties. The memorandum of 4616 agreement should also accommodate participation in this 4617 expedited process by other local governments and federal 4618 agencies as circumstances warrant. 4619 Section 131.Paragraphs (b) and (d) of subsection (1) of 4620 section 408.033, Florida Statutes, are amended to read: 4621 408.033Local and state health planning. 4622 (1)LOCAL HEALTH COUNCILS. 4623 (b)Each local health council may: 4624 1.Develop a district area health plan that permits each 4625 local health council to develop strategies and set priorities 4626 for implementation based on its unique local health needs. 4627 2.Advise the agency on health care issues and resource 4628 allocations. 4629 3.Promote public awareness of community health needs, 4630 emphasizing health promotion and cost-effective health service 4631 selection. 4632 4.Collect data and conduct analyses and studies related to 4633 health care needs of the district, including the needs of 4634 medically indigent persons, and assist the agency and other 4635 state agencies in carrying out data collection activities that 4636 relate to the functions in this subsection. 4637 5.Monitor the onsite construction progress, if any, of 4638 certificate-of-need approved projects and report council 4639 findings to the agency on forms provided by the agency. 4640 6.Advise and assist any regional planning councils within 4641 each district that have elected to address health issues in 4642 their strategic regional policy plans with the development of 4643 the health element of the plans to address the health goals and 4644 policies in the State Comprehensive Plan. 4645 6.7.Advise and assist local governments within each 4646 district on the development of an optional health plan element 4647 of the comprehensive plan provided in chapter 163, to assure 4648 compatibility with the health goals and policies in the State 4649 Comprehensive Plan and district health plan. To facilitate the 4650 implementation of this section, the local health council shall 4651 annually provide the local governments in its service area, upon 4652 request, with: 4653 a.A copy and appropriate updates of the district health 4654 plan; 4655 b.A report of nursing home utilization statistics for 4656 facilities within the local government jurisdiction; and 4657 c.Applicable agency rules and calculated need 4658 methodologies for health facilities and services regulated under 4659 s. 408.034 for the district served by the local health council. 4660 7.8.Monitor and evaluate the adequacy, appropriateness, 4661 and effectiveness, within the district, of local, state, 4662 federal, and private funds distributed to meet the needs of the 4663 medically indigent and other underserved population groups. 4664 8.9.In conjunction with the Department of Health, plan for 4665 services at the local level for persons infected with the human 4666 immunodeficiency virus. 4667 9.10.Provide technical assistance to encourage and support 4668 activities by providers, purchasers, consumers, and local, 4669 regional, and state agencies in meeting the health care goals, 4670 objectives, and policies adopted by the local health council. 4671 10.11.Provide the agency with data required by rule for 4672 the review of certificate-of-need applications and the 4673 projection of need for health facilities in the district. 4674 (d)Each local health council shall enter into a memorandum 4675 of agreement with each regional planning council in its district 4676 that elects to address health issues in its strategic regional 4677 policy plan. In addition, each local health council shall enter 4678 into a memorandum of agreement with each local government that 4679 includes an optional health element in its comprehensive plan. 4680 Each memorandum of agreement must specify the manner in which 4681 each local government, regional planning council, and local 4682 health council will coordinate its activities to ensure a 4683 unified approach to health planning and implementation efforts. 4684 Section 132.Subsection (1) of section 420.609, Florida 4685 Statutes, is amended to read: 4686 420.609Affordable Housing Study Commission.Because the 4687 Legislature firmly supports affordable housing in Florida for 4688 all economic classes: 4689 (1)There is created the Affordable Housing Study 4690 Commission, which shall be composed of 20 21 members to be 4691 appointed by the Governor: 4692 (a)One citizen actively engaged in the residential home 4693 building industry. 4694 (b)One citizen actively engaged in the home mortgage 4695 lending profession. 4696 (c)One citizen actively engaged in the real estate sales 4697 profession. 4698 (d)One citizen actively engaged in apartment development. 4699 (e)One citizen actively engaged in the management and 4700 operation of a rental housing development. 4701 (f)Two citizens who represent very-low-income and low 4702 income persons. 4703 (g)One citizen representing a community-based organization 4704 with experience in housing development. 4705 (h)One citizen representing a community-based organization 4706 with experience in housing development in a community with a 4707 population of less than 50,000 persons. 4708 (i)Two citizens who represent elderly persons housing 4709 interests. 4710 (j)One representative of regional planning councils. 4711 (j)(k)One representative of the Florida League of Cities. 4712 (k)(l)One representative of the Florida Association of 4713 Counties. 4714 (l)(m)Two citizens representing statewide growth 4715 management organizations. 4716 (m)(n)One citizen of the state to serve as chair of the 4717 commission. 4718 (n)(o)One citizen representing a residential community 4719 developer. 4720 (o)(p)One member who is a resident of the state. 4721 (p)(q)One representative from a local housing authority. 4722 (q)(r)One citizen representing the housing interests of 4723 homeless persons. 4724 Section 133.Paragraph (a) of subsection (3) and subsection 4725 (6) of section 473.3065, Florida Statutes, are amended to read: 4726 473.3065Clay Ford Scholarship Program; Certified Public 4727 Accountant Education Minority Assistance Advisory Council. 4728 (3)The board shall adopt rules as necessary for 4729 administration of the Clay Ford Scholarship Program, including 4730 rules relating to the following: 4731 (a)Eligibility criteria for receipt of a scholarship, 4732 which, at a minimum, shall include the following factors: 4733 1.Financial need. 4734 2.Ethnic, gender, or racial minority status pursuant to s. 4735 288.703 s. 288.703(4). 4736 3.Scholastic ability and performance. 4737 (6)There is hereby created the Certified Public Accountant 4738 Education Minority Assistance Advisory Council to assist the 4739 board in administering the Clay Ford Scholarship Program. The 4740 council shall be diverse and representative of the gender, 4741 ethnic, and racial categories set forth in s. 288.703 s. 4742 288.703(4). 4743 (a)The council shall consist of five licensed Florida 4744 certified public accountants selected by the board, of whom one 4745 shall be a board member who serves as chair of the council, one 4746 shall be a representative of the National Association of Black 4747 Accountants, one shall be a representative of the Cuban American 4748 CPA Association, and two shall be selected at large. At least 4749 one member of the council must be a woman. 4750 (b)The board shall determine the terms for initial 4751 appointments and appointments thereafter. 4752 (c)Any vacancy on the council shall be filled in the 4753 manner provided for the selection of the initial member. Any 4754 member appointed to fill a vacancy of an unexpired term shall be 4755 appointed for the remainder of that term. 4756 (d)Three consecutive absences or absences constituting 50 4757 percent or more of the councils meetings within any 12-month 4758 period shall cause the council membership of the member in 4759 question to become void, and the position shall be considered 4760 vacant. 4761 (e)The members of the council shall serve without 4762 compensation, and any necessary and actual expenses incurred by 4763 a member while engaged in the business of the council shall be 4764 borne by such member or by the organization or agency such 4765 member represents. However, the council member who is a member 4766 of the board shall be compensated in accordance with ss. 4767 455.207(4) and 112.061. 4768 Section 134.Paragraph (f) of subsection (1) of section 4769 501.171, Florida Statutes, is amended to read: 4770 501.171Security of confidential personal information. 4771 (1)DEFINITIONS.As used in this section, the term: 4772 (f)Governmental entity means any department, division, 4773 bureau, commission, regional planning agency, board, district, 4774 authority, agency, or other instrumentality of this state that 4775 acquires, maintains, stores, or uses data in electronic form 4776 containing personal information. 4777 Section 135.Section 625.3255, Florida Statutes, is amended 4778 to read: 4779 625.3255Capital participation instrument.An insurer may 4780 invest in any capital participation instrument or evidence of 4781 indebtedness issued by the Department of Commerce pursuant to 4782 the Florida Small and Minority Business Assistance Act. 4783 Section 136.Paragraph (b) of subsection (4) of section 4784 657.042, Florida Statutes, is amended to read: 4785 657.042Investment powers and limitations.A credit union 4786 may invest its funds subject to the following definitions, 4787 restrictions, and limitations: 4788 (4)INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF 4789 CAPITAL OF THE CREDIT UNION.Up to 1 percent of the capital of 4790 the credit union may be invested in any of the following: 4791 (b)Any capital participation instrument or evidence of 4792 indebtedness issued by the Department of Commerce pursuant to 4793 the Florida Small and Minority Business Assistance Act. 4794 Section 137.Paragraph (f) of subsection (4) of section 4795 658.67, Florida Statutes, is amended to read: 4796 658.67Investment powers and limitations.A bank may invest 4797 its funds, and a trust company may invest its corporate funds, 4798 subject to the following definitions, restrictions, and 4799 limitations: 4800 (4)INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR LESS 4801 OF CAPITAL ACCOUNTS. 4802 (f)Up to 10 percent of the capital accounts of a bank or 4803 trust company may be invested in any capital participation 4804 instrument or evidence of indebtedness issued by the Department 4805 of Commerce pursuant to the Florida Small and Minority Business 4806 Assistance Act. 4807 Section 138.Subsection (6) of section 1013.30, Florida 4808 Statutes, is amended to read: 4809 1013.30University campus master plans and campus 4810 development agreements. 4811 (6)Before a campus master plan is adopted, a copy of the 4812 draft master plan must be sent for review or made available 4813 electronically to the host and any affected local governments, 4814 the state land planning agency, the Department of Environmental 4815 Protection, the Department of Transportation, the Department of 4816 State, the Fish and Wildlife Conservation Commission, and the 4817 applicable water management district and regional planning 4818 council. At the request of a governmental entity, a hard copy of 4819 the draft master plan shall be submitted within 7 business days 4820 of an electronic copy being made available. These agencies must 4821 be given 90 days after receipt of the campus master plans in 4822 which to conduct their review and provide comments to the 4823 university board of trustees. The commencement of this review 4824 period must be advertised in newspapers of general circulation 4825 within the host local government and any affected local 4826 government to allow for public comment. Following receipt and 4827 consideration of all comments and the holding of an informal 4828 information session and at least two public hearings within the 4829 host jurisdiction, the university board of trustees shall adopt 4830 the campus master plan. It is the intent of the Legislature that 4831 the university board of trustees comply with the notice 4832 requirements set forth in s. 163.3184(11) to ensure full public 4833 participation in this planning process. The informal public 4834 information session must be held before the first public 4835 hearing. The first public hearing shall be held before the draft 4836 master plan is sent to the agencies specified in this 4837 subsection. The second public hearing shall be held in 4838 conjunction with the adoption of the draft master plan by the 4839 university board of trustees. Campus master plans developed 4840 under this section are not rules and are not subject to chapter 4841 120 except as otherwise provided in this section. 4842 Section 139.For the purpose of incorporating the amendment 4843 made by this act to section 447.203, Florida Statutes, in 4844 references thereto, paragraph (w) of subsection (2) of section 4845 110.205, Florida Statutes, is reenacted to read: 4846 110.205Career service; exemptions. 4847 (2)EXEMPT POSITIONS.The exempt positions that are not 4848 covered by this part include the following: 4849 (w)Managerial employees, as defined in s. 447.203(4), 4850 confidential employees, as defined in s. 447.203(5), and 4851 supervisory employees who spend the majority of their time 4852 communicating with, motivating, training, and evaluating 4853 employees, and planning and directing employees work, and who 4854 have the authority to hire, transfer, suspend, lay off, recall, 4855 promote, discharge, assign, reward, or discipline subordinate 4856 employees or effectively recommend such action, including all 4857 employees serving as supervisors, administrators, and directors. 4858 Excluded are employees also designated as special risk or 4859 special risk administrative support and attorneys who serve as 4860 administrative law judges pursuant to s. 120.65 or for hearings 4861 conducted pursuant to s. 120.57(1)(a). Additionally, registered 4862 nurses licensed under chapter 464, dentists licensed under 4863 chapter 466, psychologists licensed under chapter 490 or chapter 4864 491, nutritionists or dietitians licensed under part X of 4865 chapter 468, pharmacists licensed under chapter 465, 4866 psychological specialists licensed under chapter 491, physical 4867 therapists licensed under chapter 486, and speech therapists 4868 licensed under part I of chapter 468 are excluded, unless 4869 otherwise collectively bargained. 4870 Section 140.For the purpose of incorporating the amendment 4871 made by this act to section 164.1031, Florida Statutes, in a 4872 reference thereto, paragraph (d) of subsection (2) of section 4873 163.3162, Florida Statutes, is reenacted to read: 4874 163.3162Agricultural lands and practices. 4875 (2)DEFINITIONS.As used in this section, the term: 4876 (d)Governmental entity has the same meaning as provided 4877 in s. 164.1031. The term does not include a water management 4878 district, a water control district established under chapter 4879 298, or a special district created by special act for water 4880 management purposes. 4881 Section 141.For the purpose of incorporating the amendment 4882 made by this act to section 164.1031, Florida Statutes, in a 4883 reference thereto, subsection (8) of section 373.129, Florida 4884 Statutes, is reenacted to read: 4885 373.129Maintenance of actions.The department, the 4886 governing board of any water management district, any local 4887 board, or a local government to which authority has been 4888 delegated pursuant to s. 373.103(8), is authorized to commence 4889 and maintain proper and necessary actions and proceedings in any 4890 court of competent jurisdiction for any of the following 4891 purposes: 4892 (8)In conflicts arising where a water management district 4893 is a party to litigation against another governmental entity, as 4894 defined in s. 164.1031, a district has an affirmative duty to 4895 engage in alternative dispute resolution in good faith as 4896 required by chapter 164. 4897 Section 142.For the purpose of incorporating the amendment 4898 made by this act to section 339.155, Florida Statutes, in 4899 references thereto, subsections (1) and (3) of section 339.2819, 4900 Florida Statutes, are reenacted to read: 4901 339.2819Transportation Regional Incentive Program. 4902 (1)There is created within the Department of 4903 Transportation a Transportation Regional Incentive Program for 4904 the purpose of providing funds to improve regionally significant 4905 transportation facilities in regional transportation areas 4906 created pursuant to s. 339.155(4). 4907 (3)The department shall allocate funding available for the 4908 Transportation Regional Incentive Program to the districts based 4909 on a factor derived from equal parts of population and motor 4910 fuel collections for eligible counties in regional 4911 transportation areas created pursuant to s. 339.155(4). 4912 Section 143.For the purpose of incorporating the 4913 amendments made by this act to sections 380.045 and 380.05, 4914 Florida Statutes, in references thereto, subsections (5) and (6) 4915 of section 380.0552, Florida Statutes, are reenacted to read: 4916 380.0552Florida Keys Area; protection and designation as 4917 area of critical state concern. 4918 (5)APPLICATION OF THIS CHAPTER.Section 380.05(1)-(5), 4919 (9)-(11), (15), (17), and (21) shall not apply to the area 4920 designated by this section for so long as the designation 4921 remains in effect. Except as otherwise provided in this section, 4922 s. 380.045 shall not apply to the area designated by this 4923 section. All other provisions of this chapter shall apply, 4924 including s. 380.07. 4925 (6)RESOURCE PLANNING AND MANAGEMENT COMMITTEE.The 4926 Governor, acting as the chief planning officer of the state, 4927 shall appoint a resource planning and management committee for 4928 the Florida Keys Area with the membership as specified in s. 4929 380.045(2). Meetings shall be called as needed by the chair or 4930 on the demand of three or more members of the committee. The 4931 committee shall: 4932 (a)Serve as a liaison between the state and local 4933 governments within Monroe County. 4934 (b)Develop, with local government officials in the Florida 4935 Keys Area, recommendations to the state land planning agency as 4936 to the sufficiency of the Florida Keys Areas comprehensive plan 4937 and land development regulations. 4938 (c)Recommend to the state land planning agency changes to 4939 state and regional plans and regulatory programs affecting the 4940 Florida Keys Area. 4941 (d)Assist units of local government within the Florida 4942 Keys Area in carrying out the planning functions and other 4943 responsibilities required by this section. 4944 (e)Review, at a minimum, all reports and other materials 4945 provided to it by the state land planning agency or other 4946 governmental agencies. 4947 Section 144.For the purpose of incorporating the amendment 4948 made by this act to section 403.507, Florida Statutes, in a 4949 reference thereto, paragraph (a) of subsection (1) of section 4950 403.5064, Florida Statutes, is reenacted to read: 4951 403.5064Application; schedules. 4952 (1)The formal date of filing of a certification 4953 application and commencement of the certification review process 4954 shall be when the applicant submits: 4955 (a)Copies of the certification application in a quantity 4956 and format as prescribed by rule to the department and other 4957 agencies identified in s. 403.507(2)(a). 4958 Section 145.For the purpose of incorporating the amendment 4959 made by this act to section 403.526, Florida Statutes, in a 4960 reference thereto, paragraph (a) of subsection (1) of section 4961 403.5251, Florida Statutes, is reenacted to read: 4962 403.5251Application; schedules. 4963 (1)(a)The formal date of the filing of the application for 4964 certification and commencement of the review process for 4965 certification is the date on which the applicant submits: 4966 1.Copies of the application for certification in a 4967 quantity and format, electronic or otherwise as prescribed by 4968 rule, to the department and other agencies identified in s. 4969 403.526(2). 4970 2.The application fee as specified under s. 403.5365 to 4971 the department. 4972 4973 The department shall provide to the applicant and the Division 4974 of Administrative Hearings the names and addresses of any 4975 additional agencies or persons entitled to notice and copies of 4976 the application and amendments, if any, within 7 days after 4977 receiving the application for certification and the application 4978 fees. 4979 Section 146.For the purpose of incorporating the amendment 4980 made by this act to section 403.526, Florida Statutes, in 4981 references thereto, paragraphs (d) and (f) of subsection (1) of 4982 section 403.5271, Florida Statutes, are reenacted to read: 4983 403.5271Alternate corridors. 4984 (1)No later than 45 days before the originally scheduled 4985 certification hearing, any party may propose alternate 4986 transmission line corridor routes for consideration under the 4987 provisions of this act. 4988 (d)Within 21 days after acceptance of an alternate 4989 corridor by the department and the applicant, the party 4990 proposing an alternate corridor shall have the burden of 4991 providing all data to the agencies listed in s. 403.526(2) and 4992 newly affected agencies necessary for the preparation of a 4993 supplementary report on the proposed alternate corridor. 4994 (f)The agencies listed in s. 403.526(2) and any newly 4995 affected agencies shall file supplementary reports with the 4996 applicant and the department which address the proposed 4997 alternate corridors no later than 24 days after the data 4998 submitted pursuant to paragraph (d) or paragraph (e) is 4999 determined to be complete. 5000 Section 147.For the purpose of incorporating the amendment 5001 made by this act to section 403.941, Florida Statutes, in a 5002 reference thereto, paragraph (c) of subsection (5) of section 5003 403.9421, Florida Statutes, is reenacted to read: 5004 403.9421Fees; disposition.The department shall charge the 5005 applicant the following fees, as appropriate, which shall be 5006 paid into the Florida Permit Fee Trust Fund: 5007 (5)In administering fee revenues received under this 5008 section, the department shall allocate the funds as follows: 5009 (c)The balance of fees remaining shall be used by the 5010 department to reimburse affected agencies included in s. 5011 403.941(2)(a) for costs incurred in application and 5012 postcertification review, respectively. 5013 1.For application processing costs, upon presentation by 5014 an affected agency of a proper itemized accounting within 90 5015 days after the date of the boards order approving certification 5016 or the date on which a pending application is otherwise disposed 5017 of, the department shall reimburse the agencies for authorized 5018 costs from the fee balances remaining. Such reimbursement shall 5019 be authorized for studies and the preparation of any reports 5020 required of the agencies by ss. 403.9401-403.9425, for agency 5021 travel and per diem to attend any hearing held, and for 5022 participation in the proceedings. In the event the amount 5023 available for allocation is insufficient to provide for complete 5024 reimbursement to the agencies, reimbursement shall be on a 5025 prorated basis. If any sums are remaining, the department shall 5026 retain them for use in the same manner as is otherwise 5027 authorized by this section; however, if the certification 5028 application is withdrawn, the remaining sums shall be refunded 5029 to the applicant within 120 days after withdrawal. 5030 2.For postcertification costs, an invoice may be submitted 5031 on an annual basis, commencing from the date of certification, 5032 for expenses incurred by affected agencies conducting 5033 postcertification review work pursuant to the conditions of 5034 certification. In the event the amount available for allocation 5035 is insufficient to provide for complete reimbursement to the 5036 agencies, reimbursement shall be on a prorated basis. 5037 Section 148.This act shall take effect July 1, 2025.
```