The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1420
INTRODUCER: Rules Committee; Commerce and Tourism Committee; and Senator Burgess
SUBJECT: Department of Commerce
DATE: February 22, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. Nortelus Jerrett ATD Favorable
3. Renner Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1420 makes the following changes that impact the Department of Commerce (DCM):
Provides that if the local government doesn’t hold a second public hearing and adopt a
comprehensive plan amendment within 180 days after the DCM provides comments, the
amendment is deemed withdrawn; and provides that comprehensive plan amendments are
deemed withdrawn if the local government fails to transmit the comprehensive plan
amendment to the DCM within 10 working days after the final adoption hearing.
Deletes an outdated requirement that the Florida Sports Foundation must continue amateur
sports programs previously conducted by the Florida Governor’s Council on Physical Fitness
and Amateur Sports.
Extends the repayment period of the Local Government Emergency Revolving Bridge Loan
Program from 5 to 10 years and directs the DCM to amend existing loans executed before
Feb. 1, 2024, in order to increase the loan term to a total of 10 years from the original date of
execution.
Requires the DCM to establish a direct-support organization (DSO); renames the Florida
Defense Support Task Force; provides for organizational composition; revises the mission of
the DSO; requires the DSO to operate under a contract with the DCM; revises the due date
for the annual report; and provides a repeal date of October 1, 2029.
Creates a Supply Chain Innovation Grant Program within the DCM; requires the DCM to
jointly select grants with the Florida Department of Transportation; requires the Office of
Economic and Demographic Research and the Office of Program Policy Analysis and
BILL: CS/CS/SB 1420 Page 2
Government Accountability to review the program by January 1, 2027, and every three years
thereafter; and provides the program expires June 30, 2034.
Revises the term “businesses” to include healthcare facilities and allied health care
opportunities, and revises the funding priority purposes to provide that health care facilities,
in addition to hospitals, operated by nonprofit or local government entities that provide
opportunities in health care, are eligible for the funding under the Incumbent Worker
Training Program.
Specifies that board members of the Workforce Innovation and Opportunity Act are voting
members of the state workforce development board.
Specifies that a homeowner’s association’s proposed revived declaration of covenants and
articles of incorporation and bylaws must be submitted to the DCM within 60 days after
obtaining valid written consent from a majority of the affected parcel owners, or within 60
days after the date the documents are approved by affected parcel owners by a vote at a
meeting.
The fiscal impact is indeterminate. The funding for grant awards under the Supply Chain
Innovation Grant Program is subject to legislative appropriation and there in no appropriation in
the bill. See Section V., Fiscal Impact Statement.
Except as otherwise expressly provided in the bill, which takes effect upon the bill becoming a
law, the bill takes effect July 1, 2024.
II. Present Situation:
Due to the disparate issues in the bill, for ease of organization and readability, the Present
Situation for each issue is discussed below in conjunction with the Effect of Proposed Changes.
III. Effect of Proposed Changes:
Comprehensive Plans (Section 2)
Present Situation
The Community Planning Act provides counties and municipalities with the power to plan for
future development by adopting comprehensive plans.1 Each county and municipality must
maintain a comprehensive plan to guide future development.2
All development, both public and private, and all development orders approved by local
governments must be consistent with the local government’s comprehensive plan.3 A
comprehensive plan is intended to provide for the future use of land, which contemplates a
gradual and ordered growth, and establishes a long-range maximum limit on the possible
intensity of land use. Development that does not conform to the comprehensive plan may not be
approved by a local government unless the local government amends its comprehensive plan
first. The state land planning agency that administers these provisions is the DCM.4
1 Section 163.3167(1), F.S.
2
Section 163.3167(2), F.S.
3
Section 163.3194(3), F.S
4
Section 163.3221(14), F.S.
BILL: CS/CS/SB 1420 Page 3
A locality’s comprehensive plan lays out the locations for future public facilities, including
roads, water and sewer facilities, neighborhoods, parks, schools, and commercial and industrial
developments. A comprehensive plan is made up of 10 required elements, each laying out
regulations for a different facet of development.5
The 10 required elements consider and address capital improvements; future land use plan;
transportation; general sanitary sewer, solid waste, drainage, potable water, and natural
groundwater aquifer recharge; conservation; recreation and open space; housing; coastal
management; intergovernmental coordination; and property rights. Other plans and programs
may be added as optional elements to a comprehensive plan.6
A comprehensive plan is implemented through the adoption of land development regulations7
that are consistent with the plan, and which contain specific and detailed provisions necessary to
implement the plan.8 Such regulations must, among other prescriptions, regulate the subdivision
of land and the use of land for the land use categories in the land use element of the
comprehensive plan.9
State law requires a proposed comprehensive plan amendment to receive 3 public hearings, the
first held by the local planning board.10 The local commission (city or county) must then hold an
initial public hearing regarding the proposed amendment and subsequently transmit it to several
statutorily identified reviewing agencies, including the DCM, the relevant Regional Planning
Council (RPC), and adjacent local governments that request to participate in the review
process.11
The state and regional agencies review the proposed amendment for impacts related to their
statutory purview. The RPC reviews the amendment specifically for “extrajurisdictional impacts
that would be inconsistent with the comprehensive plan of any affected local government within
the region” as well as adverse effects on regional resources or facilities.12 Upon receipt of the
reports from the various agencies, the local government holds a second public hearing at which
the governing body votes to approve the amendment or not. If the local government fails, within
180 days after receipt of agency comments, to hold the second public hearing, the amendments
are deemed withdrawn unless extended by agreement.13 If the amendment receives a favorable
vote, it is transmitted within 10 days to the DCM, and any other agency or local government that
provided comments, for final review.14 The DCM then has either 31 days or 45 days (depending
5
Section 163.3177(3) and (6), F.S.
6
Id.
7
“Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or
any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213, F.S.
(governing the administrative review of land development regulations). See s. 163.3164(26), F.S.
8
Section 163.3202(2), F.S.
9
Id.
10
Sections 163.3174(4)(a), and 163.3184, F.S.
11
Section 163.3184(3)(b), F.S.
12
Section 163.3184(3)(b)3.a., F.S.
13
Section 163.3184(3)(c), F.S.
14
Section 163.3184(4)(e)2., F.S.
BILL: CS/CS/SB 1420 Page 4
on the review process to which the amendment is subject) to determine whether the proposed
comprehensive plan amendment is in compliance with all relevant laws and agency rules.15
Effect of Proposed Changes
The bill amends s. 163.3184(3)(c), F.S., to provide that if the local government doesn’t hold a
second public hearing and adopt a comprehensive plan amendment within 180 days after the
DCM provides comments, the amendment is deemed withdrawn.
The bill amends s. 163.3184(4), F.S., to provide that if the local government fails to transmit the
comprehensive plan amendment to the DCM within 10 working days after the final adoption
hearing, the amendment is deemed withdrawn.
Local Government Emergency Revolving Bridge Loan Program (Sections 3 and 13)
Present Situation
The Local Government Emergency Revolving Bridge Loan provides financial assistance to local
governments impacted by federally declared disasters. The purpose of the loan program is to
assist these local governments in maintaining operations by bridging the gap between the time
that the declared disaster occurred and the time that additional funding sources or revenues are
secured to provide them with financial assistance. 16
The loans are interest-free with the loan amount determined based upon demonstrated need. The
term of the loan is up to 5 years.17 To be eligible, a local government must be a county or a
municipality located in an area designated in the Federal Emergency Management Agency
disaster declaration. The local government must show that it may suffer or has suffered
substantial loss of its tax or other revenues as a result of the disaster and demonstrate a need for
financial assistance to enable it to continue to perform its government operations.18
The program expires July 1, 2038 and a loan may not be awarded after June 30, 2038. Upon
expiration, all unencumbered funds and loan repayments made on or after July 1, 2038, must be
transferred to the General Revenue fund.19
Effect of Proposed Changes
The bill amends s. 288.066, F.S., to extend the repayment period of the program from 5 to 10
years. Effective upon becoming a law, the bill directs the DCM to amend any existing loans
executed before Feb. 1, 2024, in order to increase the loan term to a total of 10 years from the
original date of execution.
15
Sections 163.3184(3)(c)4., and 163.3184(4)(e)4., F.S.
16
Section 288.066(1), F.S.
17
Section 288.066(3), F.S.
18
Section 288.066(2), F.S.
19
Section 288.066(9), F.S.
BILL: CS/CS/SB 1420 Page 5
Florida Sports Foundation (Section 4)
Present Situation
The Florida Sports Foundation is a 501(c)(3) non-profit corporation, serving as the official sports
promotion and development organization for the State of Florida. It is charged with the
promotion and development of professional, amateur, and recreational sports, physical fitness
opportunities, and assisting communities and host organizations in attracting major and minor
sports events to help produce a thriving Florida sports industry and environment.20 Under its duty
to promote amateur sports and physical fitness, the Florida Sports Foundation must continue the
successful amateur sports programs previously conducted by the Florida Governor’s Council on
Physical Fitness and Amateur Sports.21
Effect of Proposed Changes
The bill amends s. 288.1229, F.S., to delete an outdated requirement that the Florida Sports
Foundation must continue amateur sports programs previously conducted by the Florida
Governor’s Council on Physical Fitness and Amateur Sports.
Florida Defense Support Task Force (Section 7)
Present Situation
In 2011,22 the Legislature created the Florida Defense Support Task Force (Task Force) with the
mission to make recommendations to preserve and protect military installations to support the
state’s position in research and development related to or arising out of military missions and
contracting, and to improve the state’s military-friendly environment for servicemembers,
military dependents, military retirees, and businesses that bring military and base-related jobs to
the state.23
The task force is comprised of the Governor, or his or her designee, and 12 members comprised
of four members appointed by the Governor, President of the Senate, and Speaker of the House
of Representatives, respectively. Task Force members represent defense-related industries or
communities that host military bases and installations.24 With the exception of Legislative
members, Task Force members serve for a term of four years. Vacancies are to be filled for the
remainder of the unexpired term in the same manner as the initial appointment. Legislative
members serve until the expiration of their legislative term and may be reappointed once. All
members are eligible for reappointment.25 The President and the Speaker each designate one of
their appointees to serve as chair and the chair must rotate each July 1.26 The Secretary of the
DCM, or his or her designee, serves as the ex officio, nonvoting executive director.27
20
Section 288.1229, F.S.
21
Section 288.1229(7)(g), F.S.
22
Chapter 2011-76, s. 38, Laws of Fla.
23
Section 288.987(2), F.S.
24
Section 288.987(3), F.S.
25
Section 288.987(3), F.S.
26
Section 288.987(4), F.S.
27
Section 288.987(5), F.S., actually states that the Secretary of Economic Opportunity serves as the ex officio, nonvoting
executive director; however, HB 5 from 2023 (enacted as Chapter 2023-173, Laws of Fla.) changed the name of the
Department of Economic Opportunity to the Department of Commerce.
BILL: CS/CS/SB 1420 Page 6
The DCM is required to contract with the task force for the expenditure of appropriated funds,
which may be used by the task force for:
Economic and product research and development;
Joint planning with host communities to accommodate military missions and prevent base
encroachment;
Advocacy on the state’s behalf with federal civilian and military officials;
Assistance to school districts in providing a smooth transition for large numbers of additional
military-related students;
Job training and placement for military spouses in communities with high proportions of
active duty military personnel; and
Promotion of the state to military and related contractors and employers.28
The Task Force must submit an annual progress report and work plan to the Governor, the
President, and the Speaker each February 1.29
Effect of Proposed Changes
The bill amends s. 288.987, F.S., to require the DCM to establish a direct-support organization
(DSO) to support Florida’s military and defense industries and communities, and renames the
Florida Defense Support Task Force as the DSO. The DSO must operate under a contract with
the DCM which must provide that:
The DCM may review the DSO’s articles of incorporation;
The DSO must submit an annual budget proposal to the DCM;
Any DSO funds held in a trust must revert to the state upon the expiration or cancellation of
the contract; and
The DSO is subject to an annual compliance review by the DCM.
The DCM must determine and annually certify that the DSO is complying with the terms of the
contract and is doing so consistent with the goals and purposes of the organization and in the best
interests of the state.
The DSO fiscal year begins on July 1 and ends on June 30 of the next succeeding year. By
August 15 of each fiscal year, the DCM must submit a proposed operating budget for the DSO to
the Governor, the President, and the Speaker. The DSO must al