Florida Senate - 2020                                    SB 1636
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01582A-20                                          20201636__
    1                        A bill to be entitled                      
    2         An act relating to the repeal of advisory bodies and
    3         councils; repealing chapters 2003-287 and 2006-43,
    4         Laws of Florida, relating to the membership, powers,
    5         and duties of the Citrus/Hernando Waterways
    6         Restoration Council; repealing s. 215.5586(4), F.S.,
    7         relating to the advisory council for the My Safe
    8         Florida Home Program; amending s. 267.0731, F.S.;
    9         removing the requirement that the Division of
   10         Historical Resources of the Department of State
   11         annually convene an ad hoc committee for purposes of
   12         administering the Great Floridians program; amending
   13         s. 288.1251, F.S.; conforming a provision to changes
   14         made by the act; repealing s. 288.1252, F.S., relating
   15         to the Florida Film and Entertainment Advisory
   16         Council; amending s. 288.1254, F.S.; conforming a
   17         provision to changes made by the act; repealing s.
   18         373.4597(3), F.S., relating to the Geneva Freshwater
   19         Lens Task Force; repealing s. 376.86, F.S., relating
   20         to the Brownfield Areas Loan Guarantee Council;
   21         repealing s. 378.032(3), F.S., relating to
   22         definitions; deleting a definition to conform to
   23         changes made by the act; repealing s. 378.033, F.S.,
   24         relating to the Nonmandatory Land Reclamation
   25         Committee; amending s. 378.034, F.S.; modifying
   26         procedures governing reclamation program applications
   27         to conform to the repeal of the Nonmandatory Land
   28         Reclamation Committee; repealing s. 379.2524, F.S.,
   29         relating to the Sturgeon Production Working Group;
   30         amending s. 379.361, F.S.; deleting cross-references
   31         to conform to changes made by the act; amending s.
   32         379.367, F.S.; conforming a cross-reference to changes
   33         made by the act; repealing s. 379.3671(4), F.S.,
   34         relating to the Trap Certificate Technical Advisory
   35         and Appeals Board; repealing s. 403.42, F.S., relating
   36         to the Clean Fuel Florida Advisory Board; repealing s.
   37         403.87, F.S., relating to the technical advisory
   38         council for water and domestic wastewater operator
   39         certification; repealing s. 408.910(11)(h), F.S.,
   40         relating to technical advisory panels of Florida
   41         Health Choices, Inc.; repealing s. 409.997(3), F.S.,
   42         relating to the child welfare results-oriented
   43         accountability program technical advisory panel;
   44         repealing s. 411.226, F.S., relating to the Learning
   45         Gateway; repealing s. 430.05, F.S., relating to the
   46         Department of Elderly Affairs Advisory Council;
   47         repealing s. 570.843, F.S., relating to the Florida
   48         Young Farmer and Rancher Advisory Council; repealing
   49         s. 571.24(7), F.S., relating to duties of the
   50         Department of Agriculture and Consumer Services;
   51         repealing s. 571.28, F.S., relating to the Florida
   52         Agricultural Promotional Campaign Advisory Council;
   53         repealing s. 595.701, F.S., relating to the Healthy
   54         Schools for Healthy Lives Council; repealing s.
   55         603.203, F.S., relating to the Tropical Fruit Advisory
   56         Council; amending s. 603.204, F.S.; conforming a
   57         provision to changes made by the act; repealing s.
   58         1001.7065(4)(a)-(f), F.S., relating to the advisory
   59         board on online learning for preeminent state research
   60         universities; repealing s. 1002.77, F.S., relating to
   61         the Florida Early Learning Advisory Council; amending
   62         s. 1002.83, F.S.; conforming a provision to changes
   63         made by the act; providing an effective date.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Chapters 2003-287 and 2006-43, Laws of Florida,
   68  are repealed.
   69         Section 2. Subsection (4) of section 215.5586, Florida
   70  Statutes, is repealed.
   71         Section 3. Subsection (1) of section 267.0731, Florida
   72  Statutes, is amended to read:
   73         267.0731 Great Floridians Program.—The division shall
   74  establish and administer a program, to be entitled the Great
   75  Floridians Program, which shall be designed to recognize and
   76  record the achievements of Floridians, living and deceased, who
   77  have made major contributions to the progress and welfare of
   78  this state.
   79         (1)(a) The division shall nominate present or former
   80  citizens of this state, living or deceased, who during their
   81  lives have made major contributions to the progress of the
   82  nation or this state and its citizens. Nominations shall be
   83  submitted to the Secretary of State who shall select from those
   84  nominated not less than two persons each year who shall be
   85  honored with the designation “Great Floridian,” provided no
   86  person whose contributions have been through elected or
   87  appointed public service shall be selected while holding any
   88  such office.
   89         (b)(a) To enhance public participation and involvement in
   90  the identification of any person worthy of being nominated as a
   91  Great Floridian, the division shall seek advice and assistance
   92  from persons qualified through the demonstration of special
   93  interest, experience, or education in the dissemination of
   94  knowledge about the state’s history.
   95         (b) Annually, the division shall convene an ad hoc
   96  committee composed of representatives of the Governor, each
   97  member of the Florida Cabinet, the President of the Senate, the
   98  Speaker of the House of Representatives, and the Secretary of
   99  State. This committee shall meet at least twice. The committee
  100  shall nominate not fewer than two persons whose names shall be
  101  submitted to the Secretary of State with the recommendation that
  102  they be honored with the designation “Great Floridian.”
  103         Section 4. Paragraph (a) of subsection (2) of section
  104  288.1251, Florida Statutes, is amended to read:
  105         288.1251 Promotion and development of entertainment
  106  industry; Office of Film and Entertainment; creation; purpose;
  107  powers and duties.—
  108         (2) POWERS AND DUTIES.—
  109         (a) The Office of Film and Entertainment, in performance of
  110  its duties, shall:
  111         1. In consultation with the Florida Film and Entertainment
  112  Advisory Council, Update the strategic plan every 5 years to
  113  guide the activities of the Office of Film and Entertainment in
  114  the areas of entertainment industry development, marketing,
  115  promotion, liaison services, field office administration, and
  116  information. The plan shall:
  117         a. Be annual in construction and ongoing in nature.
  118         b. Include recommendations relating to the organizational
  119  structure of the office.
  120         c. Include an annual budget projection for the office for
  121  each year of the plan.
  122         d. Include an operational model for the office to use in
  123  implementing programs for rural and urban areas designed to:
  124         (I) Develop and promote the state’s entertainment industry.
  125         (II) Have the office serve as a liaison between the
  126  entertainment industry and other state and local governmental
  127  agencies, local film commissions, and labor organizations.
  128         (III) Gather statistical information related to the state’s
  129  entertainment industry.
  130         (IV) Provide information and service to businesses,
  131  communities, organizations, and individuals engaged in
  132  entertainment industry activities.
  133         (V) Administer field offices outside the state and
  134  coordinate with regional offices maintained by counties and
  135  regions of the state, as described in sub-sub-subparagraph (II),
  136  as necessary.
  137         e. Include performance standards and measurable outcomes
  138  for the programs to be implemented by the office.
  139         f. Include an assessment of, and make recommendations on,
  140  the feasibility of creating an alternative public-private
  141  partnership for the purpose of contracting with such a
  142  partnership for the administration of the state’s entertainment
  143  industry promotion, development, marketing, and service
  144  programs.
  145         2. Develop, market, and facilitate a working relationship
  146  between state agencies and local governments in cooperation with
  147  local film commission offices for out-of-state and indigenous
  148  entertainment industry production entities.
  149         3. Implement a structured methodology prescribed for
  150  coordinating activities of local offices with each other and the
  151  commissioner’s office.
  152         4. Represent the state’s indigenous entertainment industry
  153  to key decisionmakers within the national and international
  154  entertainment industry, and to state and local officials.
  155         5. Prepare an inventory and analysis of the state’s
  156  entertainment industry, including, but not limited to,
  157  information on crew, related businesses, support services, job
  158  creation, talent, and economic impact and coordinate with local
  159  offices to develop an information tool for common use.
  160         6. Identify, solicit, and recruit entertainment production
  161  opportunities for the state.
  162         7. Assist rural communities and other small communities in
  163  the state in developing the expertise and capacity necessary for
  164  such communities to develop, market, promote, and provide
  165  services to the state’s entertainment industry.
  166         Section 5. Section 288.1252, Florida Statutes, is repealed.
  167         Section 6. Paragraph (b) of subsection (4) of section
  168  288.1254, Florida Statutes, is amended to read:
  169         288.1254 Entertainment industry financial incentive
  170  program.—
  171         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
  172  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
  173  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
  174  ACQUISITIONS.—
  175         (b) Tax credit eligibility.—
  176         1. General production queue.—Ninety-four percent of tax
  177  credits authorized pursuant to subsection (6) in any state
  178  fiscal year must be dedicated to the general production queue.
  179  The general production queue consists of all qualified
  180  productions other than those eligible for the commercial and
  181  music video queue or the independent and emerging media
  182  production queue. A qualified production that demonstrates a
  183  minimum of $625,000 in qualified expenditures is eligible for
  184  tax credits equal to 20 percent of its actual qualified
  185  expenditures, up to a maximum of $8 million. A qualified
  186  production that incurs qualified expenditures during multiple
  187  state fiscal years may combine those expenditures to satisfy the
  188  $625,000 minimum threshold.
  189         a. An off-season certified production that is a feature
  190  film, independent film, or television series or pilot is
  191  eligible for an additional 5 percent tax credit on actual
  192  qualified expenditures. An off-season certified production that
  193  does not complete 75 percent of principal photography due to a
  194  disruption caused by a hurricane or tropical storm may not be
  195  disqualified from eligibility for the additional 5 percent
  196  credit as a result of the disruption.
  197         b. If more than 45 percent of the sum of total tax credits
  198  initially certified and awarded after April 1, 2012, total tax
  199  credits initially certified after April 1, 2012, but not yet
  200  awarded, and total tax credits available for certification after
  201  April 1, 2012, but not yet certified has been awarded for high
  202  impact television series, then no high-impact television series
  203  is eligible for tax credits under this subparagraph. Tax credits
  204  initially certified for a high-impact television series after
  205  April 1, 2012, may not be awarded if the award will cause the
  206  percentage threshold in this sub-subparagraph to be exceeded.
  207  This sub-subparagraph does not prohibit the award of tax credits
  208  certified before April 1, 2012, for high-impact television
  209  series.
  210         c. Subject to sub-subparagraph b., first priority in the
  211  queue for tax credit awards not yet certified shall be given to
  212  high-impact television series and high-impact digital media
  213  projects. For the purposes of determining priority between a
  214  high-impact television series and a high-impact digital media
  215  project, the first position must go to the first application
  216  received. Thereafter, priority shall be determined by
  217  alternating between a high-impact television series and a high
  218  impact digital media project on a first-come, first-served
  219  basis. However, if the Office of Film and Entertainment receives
  220  an application for a high-impact television series or high
  221  impact digital media project that would be certified but for the
  222  alternating priority, the office may certify the project as
  223  being in the priority position if an application that would
  224  normally be the priority position is not received within 5
  225  business days.
  226         d. A qualified production for which at least 67 percent of
  227  its principal photography days occur within a region designated
  228  as an underutilized region at the time that the production is
  229  certified is eligible for an additional 5 percent tax credit.
  230         e. A qualified production that employs students enrolled
  231  full-time in a film and entertainment-related or digital media
  232  related course of study at an institution of higher education in
  233  this state is eligible for an additional 15 percent tax credit
  234  on qualified expenditures that are wages, salaries, or other
  235  compensation paid to such students. The additional 15 percent
  236  tax credit is also applicable to persons hired within 12 months
  237  after graduating from a film and entertainment-related or
  238  digital media-related course of study at an institution of
  239  higher education in this state. The additional 15 percent tax
  240  credit applies to qualified expenditures that are wages,
  241  salaries, or other compensation paid to such recent graduates
  242  for 1 year after the date of hiring.
  243         f. A qualified production for which 50 percent or more of
  244  its principal photography occurs at a qualified production
  245  facility, or a qualified digital media project or the digital
  246  animation component of a qualified production for which 50
  247  percent or more of the project’s or component’s qualified
  248  expenditures are related to a qualified digital media production
  249  facility, is eligible for an additional 5 percent tax credit on
  250  actual qualified expenditures for production activity at that
  251  facility.
  252         g. A qualified production is not eligible for tax credits
  253  provided under this paragraph totaling more than 30 percent of
  254  its actual qualified expenses.
  255         2. Commercial and music video queue.—Three percent of tax
  256  credits authorized pursuant to subsection (6) in any state
  257  fiscal year must be dedicated to the commercial and music video
  258  queue. A qualified production company that produces national or
  259  regional commercials or music videos may be eligible for a tax
  260  credit award if it demonstrates a minimum of $100,000 in
  261  qualified expenditures per national or regional commercial or
  262  music video and exceeds a combined threshold of $500,000 after
  263  combining actual qualified expenditures from qualified
  264  commercials and music videos during a single state fiscal year.
  265  After a qualified production company that produces commercials,
  266  music videos, or both reaches the threshold of $500,000, it is
  267  eligible to apply for certification for a tax credit award. The
  268  maximum credit award shall be equal to 20 percent of its actual
  269  qualified expenditures up to a maximum of $500,000. If there is
  270  a surplus at the end of a fiscal year after the Office of Film
  271  and Entertainment certifies and determines the tax credits for
  272  all qualified commercial and video projects, such surplus tax
  273  credits shall be carried forward to the following fiscal year
  274  and are available to any eligible qualified productions under
  275  the general production queue.
  276         3. Independent and emerging media production queue.—Three
  277  percent of tax credits authorized pursuant to subsection (6) in
  278  any state fiscal year must be dedicated to the independent and
  279  emerging media production queue. This queue is intended to
  280  encourage independent film and emerging media production in this
  281  state. Any qualified production, excluding commercials,
  282  infomercials, or music videos, which demonstrates at least
  283  $100,000, but not more than $625,000, in total qualified
  284  expenditures is eligible for tax credits equal to 20 percent of
  285  its actual qualified expenditures. If a surplus exists at the
  286  end of a fiscal year after the Office of Film and Entertainment
  287  certifies and determines the tax credits for all qualified
  288  independent and emerging media production projects, such surplus
  289  tax credits shall be carried forward to the following fiscal
  290  year and are available to any eligible qualified productions
  291  under the general production queue.
  292         4. Family-friendly productions.—A certified theatrical or
  293  direct-to-video motion picture production or video game
  294  determined by the Commissioner of Film and Entertainment, with
  295  the advice of the Florida Film and Entertainment Advisory
  296  Council, to be family-friendly, based on review of the script
  297  and review of the final release version, is eligible for an
  298  additional tax credit equal to 5 percent of its actual qualified
  299  expenditures. Family-friendly productions are those that have
  300  cross-generational appeal; would be considered suitable for
  301  viewing by children age 5 or older; are appropriate in theme,
  302  content, and language for a broad family audience; embody a
  303  responsible resolution of issues; and do not exhibit or imply
  304  any act of smoking, sex, nudity, or vulgar or profane language.
  305         Section 7. Subsection (3) of section 373.4597, Florida
  306  Statutes, is repealed.
  307         Section 8. Section 376.86, Florida Statutes, is repealed.
  308         Section 9. Subsection (3) of section 378.032, Florida
  309  Statutes, is repealed.
  310         Section 10. Section 378.033, Florida Statutes, is repealed.
  311         Section 11. Subsections (5), (6), (7), (9), and (10) of
  312  section 378.034, Florida Statutes, are amended to read:
  313         378.034 Submission of a reclamation program request;
  314  procedures.—
  315         (5)(a) The department staff shall, by February 1 of each
  316  year, present to the secretary committee for his or her its
  317  consideration those reclamation program applications received by
  318  the preceding November 1.
  319         (b) The department staff shall recommend an order of
  320  priority for the reclamation program applications that is
  321  consistent with subsection (6).
  322         (c) The recommendation of the department staff shall
  323  include an estimate of the cost of each reclamation program or
  324  land acquisition.
  325         (6) The committee shall recommend approval, modification,
  326  or denial of the reclamation program applications, associated
  327  cost estimates, and the department staff’s recommended
  328  prioritized list. Recommendations on the order of priority shall
  329  be based, among other criteria, on the following criteria;
  330  however, department staff the committee may give greater weight
  331  to one or more of the criteria depending on the overall needs of
  332  the nonmandatory land reclamation program:
  333         (a) Whether health and safety hazards exist; and, if so,
  334  such hazards shall be given the greatest weight;
  335         (b) Whether the economic or environmental utility or the
  336  aesthetic value of the land will return naturally within a
  337  reasonable period of time;
  338         (c) Whether there is a reasonable geographic and applicant
  339  diversity in light of previously awarded reclamation contracts,
  340  reclamation program applications before the committee, and the
  341  remaining eligible lands;
  342         (d) Whether reclamation is in the public interest;
  343         (e) Whether the land has been naturally reclaimed or is
  344  eligible for acquisition by the state for hunting, fishing, or
  345  other outdoor recreation purposes or for wildlife preservation;
  346         (f) Whether the land is to be reclaimed for agricultural
  347  use and the applicant has agreed to maintain the land in
  348  agricultural use for at least 5 years after the completion of
  349  the reclamation;
  350         (g) Whether the program, alone or in conjunction with other
  351  reclamation programs, will provide a substantial regional
  352  benefit;
  353         (h) Whether the program, alone or in conjunction with other
  354  reclamation programs, will benefit regional drainage patterns;
  355         (i) Whether the land is publicly owned and will be
  356  reclaimed for public purposes;
  357         (j) Whether the program includes a donation or agreement to
  358  sell a portion of the program application area to the state for
  359  outdoor recreational or wildlife habitat protection purposes;
  360         (k) Whether the program is cost-effective in achieving the
  361  goals of the nonmandatory land reclamation program; and
  362         (l) Whether the program will reclaim lands described in
  363  subsection (2).
  364         (7) The prioritized list developed by department staff
  365  approved by the committee may contain more reclamation program
  366  applications than there are funds available during the year.
  367         (9) The committee recommendations shall be submitted to the
  368  secretary by April 1 of each year for final agency action By
  369  June 1 of each that year,. the secretary shall approve, in whole
  370  or in part, the list of reclamation program applications in the
  371  order of priority in which the applications are presented by
  372  department staff.
  373         (10) Any approved reclamation program application that was
  374  not funded shall, at the request of the applicant, be considered
  375  by department staff the committee at its next meeting called for
  376  that purpose, together with other reclamation program
  377  applications received by November 1 of the next year.
  378         Section 12. Section 379.2524, Florida Statutes, is
  379  repealed.
  380         Section 13. Paragraph (b) of subsection (4) of section
  381  379.361, Florida Statutes, is amended to read:
  382         379.361 Licenses.—
  383         (4) SPECIAL ACTIVITY LICENSES.—
  384         (b) The Fish and Wildlife Conservation Commission is
  385  authorized to issue special activity licenses in accordance with
  386  this section and s. 379.2524, to permit the importation and
  387  possession of wild anadromous sturgeon. The commission is also
  388  authorized to issue special activity licenses, in accordance
  389  with this section and s. 379.2524, to permit the importation,
  390  possession, and aquaculture of native and nonnative anadromous
  391  sturgeon until best management practices are implemented for the
  392  cultivation of anadromous sturgeon pursuant to s. 597.004. The
  393  special activity license shall provide for specific management
  394  practices to protect native populations of saltwater species.
  395         Section 14. Paragraph (b) of subsection (2) of section
  396  379.367, Florida Statutes, is amended to read:
  397         379.367 Spiny lobster; regulation.—
  398         (2)
  399         (b) Twenty-five dollars of the $125 fee for a spiny lobster
  400  endorsement required under subparagraph (a)1. must be used only
  401  for trap retrieval as provided in s. 379.2424. The remainder of
  402  the fees collected under paragraph (a) shall be deposited as
  403  follows:
  404         1. Fifty percent of the fees collected shall be deposited
  405  in the Marine Resources Conservation Trust Fund for use in
  406  enforcing the provisions of paragraph (a) through aerial and
  407  other surveillance and trap retrieval.
  408         2. Fifty percent of the fees collected shall be deposited
  409  as provided in s. 379.3671(4) s. 379.3671(5).
  410         Section 15. Subsection (4) of section 379.3671, Florida
  411  Statutes, is repealed.
  412         Section 16. Section 403.42, Florida Statutes, is repealed.
  413         Section 17. Section 403.87, Florida Statutes, is repealed.
  414         Section 18. Paragraph (h) of subsection (11) of section
  415  408.910, Florida Statutes, is repealed.
  416         Section 19. Subsection (3) of section 409.997, Florida
  417  Statutes, is repealed.
  418         Section 20. Section 411.226, Florida Statutes, is repealed.
  419         Section 21. Section 430.05, Florida Statutes, is repealed.
  420         Section 22. Section 570.843, Florida Statutes, is repealed.
  421         Section 23. Subsection (7) of section 571.24, Florida
  422  Statutes, is repealed.
  423         Section 24. Section 571.28, Florida Statutes, is repealed.
  424         Section 25. Section 595.701, Florida Statutes, is repealed.
  425         Section 26. Section 603.203, Florida Statutes, is repealed.
  426         Section 27. Section 603.204, Florida Statutes, is amended
  427  to read:
  428         603.204 South Florida Tropical Fruit Plan.—The Commissioner
  429  of Agriculture, in consultation with the Tropical Fruit Advisory
  430  Council, shall develop and update a South Florida Tropical Fruit
  431  Plan, which shall identify problems and constraints of the
  432  tropical fruit industry, propose possible solutions to such
  433  problems, and develop planning mechanisms for orderly growth of
  434  the industry, including:
  435         (1) Criteria for tropical fruit research, service, and
  436  management priorities.
  437         (2) Proposed legislation that may be required.
  438         (3) Plans relating to other tropical fruit programs and
  439  related disciplines in the State University System.
  440         (4) Potential tropical fruit products in terms of market
  441  and needs for development.
  442         (5) Evaluation of production and fresh fruit policy
  443  alternatives, including, but not limited to, setting minimum
  444  grades and standards, promotion and advertising, development of
  445  production and marketing strategies, and setting minimum
  446  standards on types and quality of nursery plants.
  447         (6) Evaluation of policy alternatives for processed
  448  tropical fruit products, including, but not limited to, setting
  449  minimum quality standards and development of production and
  450  marketing strategies.
  451         (7) Research and service priorities for further development
  452  of the tropical fruit industry.
  453         (8) Identification of state agencies and public and private
  454  institutions concerned with research, education, extension,
  455  services, planning, promotion, and marketing functions related
  456  to tropical fruit development, and delineation of contributions
  457  and responsibilities. The recommendations in the plan relating
  458  to education or research shall be submitted to the Institute of
  459  Food and Agricultural Sciences.
  460         (9) Business planning, investment potential, financial
  461  risks, and economics of production and use.
  462         Section 28. Paragraphs (a), (b), (c), (d), (e), and (f) of
  463  subsection (4) of section 1001.7065, Florida Statutes, are
  464  repealed.
  465         Section 29. Section 1002.77, Florida Statutes, is repealed.
  466         Section 30. Subsection (11) of section 1002.83, Florida
  467  Statutes, is amended to read:
  468         1002.83 Early learning coalitions.—
  469         (11) Each early learning coalition shall establish terms
  470  for all appointed members of the coalition. The terms must be
  471  staggered and must be a uniform length that does not exceed 4
  472  years per term. Coalition chairs shall be appointed for 4 years
  473  in conjunction with their membership on the Early Learning
  474  Advisory Council pursuant to s. 20.052. Appointed members may
  475  serve a maximum of two consecutive terms. When a vacancy occurs
  476  in an appointed position, the coalition must advertise the
  477  vacancy.
  478         Section 31. This act shall take effect July 1, 2020.