SB 1264 — Rural and Urban Business Enterprises

providing that follow-on or add-on capital commitments may only be considered after the follow-on or add-on investment has been deployed;

requiring a qualifying private fund to make a specified number of qualified investments in a specified number of qualifying portfolio projects to be eligible for a tax credit;

prohibitingPage such5 transfer or sale if the department authorizes the credit but the Department of Revenue177 hasCODING: not yet issued such credit;

authorizing the department to revoke or modify its previous decisions if it is discovered that the qualifying private fund submitted any false statement, representation, or certification in its application or if information in a previous application materially changes;

requiring the department to notify the Department of Revenue of Page 5 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 anyprohibiting such revocationtransfer or modificationsale affectingif previouslythe granteddepartment taxauthorizes credits;the credit but the Department of Revenue has not yet issued such credit;

authorizing the department to revoke or modify its previous decisions if it is discovered that the qualifying private fund submitted any false statement, representation, or certification in its application or if information in a previous application materially changes;

requiring the department to notify the Department of Revenue of any such revocation or modification affecting previously granted tax credits;

requiring such qualifying private fund to repay to the department an amount equal to a certain percentagepercent of the tax credits authorized by the department and claimed byPage a6 qualifyingof portfolio177 companyCODING: for the qualifying investment;

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 by a qualifying portfolio company for the qualifying investment;

requiring that all remaining tax Pagecredits 6be made available during a specified period of 174time CODING:on a first-come, first-served basis, subject to eligibility of the qualifying investment;

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 credits be made available during a specified period of time on a first-come, first-served basis, subject to eligibility of the qualifying investment;

providing that moneysmonies received by the person under contract with Space Florida to provide certain goods and services are not state or local government funds;

331.351, F.S.;

revising legislative intent that rural or urban business enterprises, rather than women, minorities, and socially and economically disadvantaged business enterprises, be encouraged to Page 7 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 participate fully in specified development;

amending s.

17.11, 68.082, 120.52, 120.525, 120.65, 163.3164, 163.3177, 163.3178, 163.3184, 163.3245, 163.568, 164.1031, 186.003, 186.006, 186.007, 186.008, 186.803, 187.201, 212.096, 218.32, 255.101, 255.102, 258.501, 260.0142, 287.042, 287.055, 287.057, 287.0943, 287.09431, Page288.0001, 7288.7031, of288.975, 174290.004, CODING:320.08058, 335.188, 339.155, 339.175, 339.285, 339.63, 339.64, 341.041, 343.54, 366.93, 369.303, 369.307, 373.309, 373.415, 376.3072, 377.703, 378.411, 380.031, 380.045, 380.05, 380.055, 380.06, 380.061, 380.07, 380.23, 380.507, 381.986, 403.031, 403.0752, 403.503, 403.50663, 403.507, 403.509, 403.5115, 403.5175, 403.518, 403.522, 403.526, 403.5271, 403.5272, 403.5363, 403.5365, 403.537, 403.704, 403.7225, 403.7226, 403.723, 403.9403, 403.941, 403.9422, 403.973, 408.033, 420.609, 473.3065, 501.171, 625.3255, 657.042, 658.67, and 1013.30, F.S.;

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 288.0001, 288.7031, 288.975, 290.004, 320.08058, 335.188, 339.155, 339.175, 339.285, 339.63, 339.64, 341.041, 343.54, 366.93, 369.303, 369.307, 373.309, 373.415, 376.3072, 377.703, 378.411, 380.031, 380.045, 380.05, 380.055, 380.06, 380.061, 380.07, 380.23, 380.507, 381.986, 403.031, 403.0752, 403.503, 403.50663, 403.507, 403.509, 403.5115, 403.5175, 403.518, 403.522, 403.526, 403.5271, 403.5272, 403.5363, 403.5365, 403.537, 403.704, 403.7225, 403.7226, 403.723, 403.9403, 403.941, 403.9422, 403.973, 408.033, 420.609, 473.3065, 501.171, 625.3255, 657.042, 658.67, and 1013.30, F.S.;

110.205(2)(w), F.S., relatingPage to8 careerof service177 exemptions,CODING: to incorporate the amendment made to s.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 relating to career service exemptions, to incorporate the amendment made to s.

403.5064(1)(a), F.S., relating to Pageapplication 8schedules, ofto 174incorporate CODING:the amendment made to s.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 application schedules, to incorporate the amendment made to s.

SectionPage 3.9 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 Section 3.

PageSection 916. of 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 Section 16.

Paragraphs (e) and (k) of subsection (4) and paragraphPage (a)10 of subsection177 (5)CODING: of section 20.60, Florida Statutes, are amended to read:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 paragraph (a) of subsection (5) of section 20.60, Florida Statutes, are amended to read:

(e) Manage the activities of public-private partnerships and state agencies in order to avoid duplication and promote coordinated and consistent implementation of programs in areas Pageincluding, 10but ofnot 174limited CODING:to, tourism;

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 including, but not limited to, tourism;

Analyze and evaluate business prospects identified by thePage Governor11 andof the177 secretary.CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 the Governor and the secretary.

Performance measures, benchmarks, and sanctions must be Pagedeveloped 11in ofconsultation 174with CODING:the legislative appropriations committees and the appropriate substantive committees, and are subject to the review and approval process provided in s.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 developed in consultation with the legislative appropriations committees and the appropriate substantive committees, and are subject to the review and approval process provided in s.

Strategies for the promotion of business formation, expansion, recruitment, and retention through aggressive marketing, attraction of venture capital and finance development, domestic trade, international development, and export assistance, which lead to more and better jobs and higher wages for all geographic regions, disadvantaged communities, and populationsPage 12 of the177 state,CODING: including rural areas, minority businesses, and urban core areas.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 populations of the state, including rural areas, minority businesses, and urban core areas.

Plans for the generation of foreign investment in the state which create jobs paying above-average wages and which Pageresult 12in reverse investment in the state, including programs that establish viable overseas markets, assist in meeting the financing requirements of 174export-ready CODING:firms, broaden opportunities for international joint venture relationships, use the resources of academic and other institutions, coordinate trade assistance and facilitation services, and facilitate availability of and access to education and training programs that assure requisite skills and competencies necessary to compete successfully in the global marketplace.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 result in reverse investment in the state, including programs that establish viable overseas markets, assist in meeting the financing requirements of export-ready firms, broaden opportunities for international joint venture relationships, use the resources of academic and other institutions, coordinate trade assistance and facilitation services, and facilitate availability of and access to education and training programs that assure requisite skills and competencies necessary to compete successfully in the global marketplace.

Strategies for talent development necessary in the state to encourage economic development growth, taking into account factorsPage such13 asof the177 state’sCODING: talent supply chain, education and training opportunities, and available workforce.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 factors such as the state’s talent supply chain, education and training opportunities, and available workforce.

Coordinate with the Florida Tourism Industry Marketing PageCorporation 13in the development of 174the CODING:4-year marketing plan pursuant to s.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 Corporation in the development of the 4-year marketing plan pursuant to s.

212.08 Sales, rental, use, consumption, distribution, and storagePage tax;14 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 storage tax;

Pageb. 14 of 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 b.

(II) Is used exclusively to house and operate equipment that receives, stores, aggregates, manages, processes, transforms,Page retrieves,15 researches,of or177 transmitsCODING: data;

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 transforms, retrieves, researches, or transmits data;

The term includes, but is not limited to, construction materials, component parts, machinery, equipment, computers, servers, installations, redundancies, and Pageoperating 15or enabling software, including any replacements, updates and new versions, and upgrades to or for such property, regardless of 174whether CODING:the property is a fixture or is otherwise affixed to or incorporated into real property.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 operating or enabling software, including any replacements, updates and new versions, and upgrades to or for such property, regardless of whether the property is a fixture or is otherwise affixed to or incorporated into real property.

3.a.Page 16 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 3.a.

Such Pagedocumentation 16must ofinclude 174written CODING:declarations, pursuant to s.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 documentation must include written declarations, pursuant to s.

(II)Page If17 theof department177 determinesCODING: that the subparagraph 2.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 (II) If the department determines that the subparagraph 2.

continues to Pagebe 17met. of 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 be met.

If, in an audit conducted by the department, it is determined that the certificateholder or any owners, tenants, contractors, or others purchasing, renting, or leasing data center property do not meet the criteria of this paragraph, the amount of taxes exempted at the time of purchase, rental, or lease is immediately due and payable to the department from the purchaser, renter, or lessee of those particular items, together withPage the18 appropriate interest and penalty computed from the date of purchase177 inCODING: the manner prescribed by this chapter.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 with the appropriate interest and penalty computed from the date of purchase in the manner prescribed by this chapter.

Purchasers, lessees, and renters with self-accrual authority shall maintain Pageall 18documentation ofnecessary 174to CODING:prove the exempt status of purchases.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 all documentation necessary to prove the exempt status of purchases.

Paragraph (b) of subsection (1) of section 215.559, Florida Statutes, is amended to read:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss Mitigation Program is established in the Division of Emergency Management.

(1) The Legislature shall annually appropriate $10 million of the moneys authorized for appropriation under s.

215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the division for the purposes set forth in this section.

Of the amount:

(b) Three million dollars in funds shall be used to construct or retrofit facilities used as public hurricane shelters.

Each year the division shall prioritize the use of these funds for projects included in the annual report of the Shelter Development Report prepared in accordance with s.

252.385(3).

The division must give funding priority to projects in regional planning council regions, as such regions existed on January 1, 2025, that have shelter deficits and to projects that maximize the use of state funds.

Section 28.

Paragraph (b) of subsection (2) and subsection (3) of section 252.385, Florida Statutes, are amended to read:

252.385 Public shelter space;

public records exemption.— (2) (b) By January 31 of each even-numbered year, the division shall prepare and submit a statewide emergency shelter plan to the Governor and Cabinet for approval, subject to the requirements for approval in s.

1013.37(2).

The emergency shelter plan must project, for each of the next 5 years, the hurricane shelter needs of the state, including periods of time during which a concurrent public health emergency may necessitate more space for each individual to accommodate Page 20 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 physical distancing.

In addition to information on the general shelter needs throughout this state, the plan must identify the general location and square footage of special needs shelters annually through 2030, by regional planning council region.

The plan must also include information on the availability of shelters that accept pets.

The Department of Health shall assist the division in determining the estimated need for special needs shelter space and the adequacy of facilities to meet the needs of persons with special needs based on information from the registries of persons with special needs and other information.

(3) The division shall annually provide to the President of the Senate, the Speaker of the House of Representatives, and the Governor a list of facilities recommended to be retrofitted using state funds.

State funds must should be maximized and targeted to regional planning council regions, as such regions existed on January 1, 2025, with hurricane evacuation shelter deficits.

The owner or lessee of a public hurricane evacuation shelter that is included on the list of facilities recommended for retrofitting is not required to perform any recommended improvements.

Section 29.

Federal Government agencies, including the Department of Defense and its subordinatePage Departments21 of the177 Army,CODING: Navy, and Air Force, and the Department of Homeland Security’s United States Coast Guard, are exempt from this paragraph if the primary purpose of remaining as a military installation buffer continues, even though the specific military purpose, mission, and function on the conveyed land is modified or changes from that which was present or proposed at the time of the conveyance.

Page 19 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 Sectionsubordinate 28.Departments of the Army, Navy, and Air Force, and the Department of Homeland Security’s United States Coast Guard, are exempt from this paragraph if the primary purpose of remaining as a military installation buffer continues, even though the specific military purpose, mission, and function on the conveyed land is modified or changes from that which was present or proposed at the time of the conveyance.

Section 30.

Section 29.31.

The department, for state term contracts, andPage all22 agencies,of for177 multiyearCODING: contractual services or term contracts, shall explore reasonable and economical means to utilize certified rural or urban minority business enterprises.

Purchases by any county, municipality, private nonprofit community transportation coordinator designated pursuant to chapter 427, while conducting business related solely to the Commission for the Transportation Disadvantaged, or other local Page 20 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 publicand agencyall underagencies, thefor provisionsmultiyear incontractual theservices stateor purchasingterm contracts, andshall purchases,explore fromreasonable theand corporationeconomical operatingmeans theto correctionalutilize workcertified programs,rural of products or servicesurban thatminority arebusiness subjectenterprises. to paragraph (1)(f), are exempt from the competitive solicitation requirements otherwise applying to their purchases.

Purchases by any county, municipality, private nonprofit community transportation coordinator designated pursuant to chapter 427, while conducting business related solely to the Commission for the Transportation Disadvantaged, or other local public agency under the provisions in the state purchasing contracts, and purchases, from the corporation operating the correctional work programs, of products or services that are subject to paragraph (1)(f), are exempt from the competitive solicitation requirements otherwise applying to their purchases.

The department shall designate a centralized website on the Internet forPage the23 departmentof and177 otherCODING: agencies to electronically post solicitations, decisions or intended decisions, and other matters relating to procurement.

Section 30.

Section 287.09451, Florida Statutes, is amended to read:

287.09451 Office of Supplier Development Diversity;

powers, duties, and functions.— Page 21 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 (1)for Thethe Legislaturedepartment findsand thatother thereagencies isto evidenceelectronically ofpost asolicitations, systematicdecisions pattern of past and continuing racial discrimination against rural or urbanintended minoritydecisions, business enterprises and aother disparitymatters inrelating theto availabilityprocurement. and use of such rural or urban minority business enterprises in the state procurement system.

Section 32.

Section 287.09451, Florida Statutes, is amended to read:

287.09451 Office of Supplier Development Diversity;

powers, duties, and functions.— (1) The Legislature finds that there is evidence of a systematic pattern of past and continuing racial discrimination against rural or urban minority business enterprises and a disparity in the availability and use of such rural or urban minority business enterprises in the state procurement system.

(3)Page The24 secretary shall appoint an executive director for the Office of Supplier177 DevelopmentCODING: Diversity, who shall serve at the pleasure of the secretary.

(4) The Office of Supplier Development has Diversity shall have the following powers, duties, and functions:

(a) To adopt rules to determine what constitutes a “good faith effort” for purposes of state agency compliance with the Page 22 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 rural(3) orThe urbansecretary minorityshall businessappoint enterprisean procurementexecutive goalsdirector setfor forththe inOffice s.of Supplier Development Diversity, who shall serve at the pleasure of the secretary.

(4) The Office of Supplier Development has Diversity shall have the following powers, duties, and functions:

(a) To adopt rules to determine what constitutes a “good faith effort” for purposes of state agency compliance with the rural or urban minority business enterprise procurement goals set forth in s.

Whether the agency provided written notice to a reasonablePage number25 of rural177 orCODING: urban minority business enterprises that their interest in contracting with the agency was being solicited in sufficient time to allow the rural or urban minority business enterprises to participate effectively.

(b) To adopt rules to determine what constitutes a “good faith effort” for purposes of contractor compliance with contractual requirements relating to the use of services or Page 23 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 commoditiesreasonable number of arural or urban minority business enterprises that their interest in contracting with the agency was being solicited in sufficient time to allow the rural or urban minority business enterpriseenterprises underto s.participate effectively.

(b) To adopt rules to determine what constitutes a “good faith effort” for purposes of contractor compliance with contractual requirements relating to the use of services or commodities of a rural or urban minority business enterprise under s.

Whether the contractor followed up initial solicitations of interest by contacting rural or urban minority business enterprises or minority persons to determine with certainty whether the rural or urban minority business enterprises or minorityPage persons26 wereof interested.177 CODING:

5.

Whether the contractor selected portions of the work to be performed by rural or urban minority business enterprises in order to increase the likelihood of meeting the rural or urban minority business enterprise procurement goals, including, where appropriate, breaking down contracts into economically feasible units to facilitate rural or urban minority business enterprise Page 24 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 participation.minority persons were interested.

5.

Whether the contractor selected portions of the work to be performed by rural or urban minority business enterprises in order to increase the likelihood of meeting the rural or urban minority business enterprise procurement goals, including, where appropriate, breaking down contracts into economically feasible units to facilitate rural or urban minority business enterprise participation.

(c) To adopt rules and do all things necessary or convenient to guide all state agencies toward making expenditures for commodities, contractual services, construction, and architectural and engineering services with certified rural or urban minority business enterprises in accordancePage with27 theof rural177 orCODING: urban minority business enterprise procurement goals set forth in s.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 accordance with the rural or urban minority business enterprise procurement goals set forth in s.

(e) To receive and disseminate information relative to Pageprocurement 25opportunities, availability of 174rural CODING:or urban minority business enterprises, and technical assistance.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 procurement opportunities, availability of rural or urban minority business enterprises, and technical assistance.

(j)Page To28 encourageof all177 firmsCODING: which do more than $1 million in business with the state within a 12-month period to develop, implement, and submit to this office a rural or urban minority business development plan.

(k) To communicate on a monthly basis with the Small and Minority Business Advisory Council to keep the council informed on issues relating to rural or urban minority enterprise Page 26 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 procurement.(j) To encourage all firms which do more than $1 million in business with the state within a 12-month period to develop, implement, and submit to this office a rural or urban minority business development plan.

(l)(k) To servecommunicate ason ana advocatemonthly forbasis ruralwith orthe urbanSmall minorityand businessMinority enterprises,Business andAdvisory coordinateCouncil withto keep the small,council rural,informed andon minorityissues businessrelating ombudsman,to asrural definedor inurban s.minority enterprise procurement.

(l) To serve as an advocate for rural or urban minority business enterprises, and coordinate with the small, rural and minority business ombudsman, as defined in s.

(m) To certify rural or urban minority business enterprises,Page as29 definedof in177 s.CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 enterprises, as defined in s.

To develop procedures to be used by an agency in Pageidentifying 27commodities, contractual services, architectural and engineering services, and construction contracts, except those architectural, engineering, construction, or other related services or contracts subject to the provisions of 174chapter CODING:339, that could be provided by rural or urban minority business enterprises.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 identifying commodities, contractual services, architectural and engineering services, and construction contracts, except those architectural, engineering, construction, or other related services or contracts subject to the provisions of chapter 339, that could be provided by rural or urban minority business enterprises.

4 percent for black Americans,Page 630 percentof for177 Hispanic-Americans,CODING: and 11 percent for American women.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 Americans, 6 percent for Hispanic-Americans, and 11 percent for American women.

2 percent for black Americans, 4 percent for Hispanic-Americans, 0.5 percent for Asian-Americans, Page0.5 28percent offor 174Native CODING:Americans, and 17 percent for American women.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 0.5 percent for Native Americans, and 17 percent for American women.

3.Page 31 of 177 CODING:

In determining the base amounts for assessing compliance with this paragraph, the Office of Supplier Development Diversity may develop, by rule, guidelines for all agencies to use in establishing such base amounts.

These rules must include, but are not limited to, guidelines for calculation of base amounts, a deadline for the agencies to submit base amounts, a deadline for approval of the base amounts by the Office of Page 29 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 Supplier3. Development Diversity, and procedures for adjusting the base amounts as a result of budget reductions made pursuant to s.

In determining the base amounts for assessing compliance with this paragraph, the Office of Supplier Development Diversity may develop, by rule, guidelines for all agencies to use in establishing such base amounts.

These rules must include, but are not limited to, guidelines for calculation of base amounts, a deadline for the agencies to submit base amounts, a deadline for approval of the base amounts by the Office of Supplier Development Diversity, and procedures for adjusting the base amounts as a result of budget reductions made pursuant to s.

To determine guidelines for use of joint ventures to meetPage rural32 orof urban177 minorityCODING: business enterprises spending goals.

For purposes of this section, the term “joint venture” means any association of two or more business concerns to carry out a single business enterprise for profit, for which purpose they combine their property, capital, efforts, skills, and knowledge.

The guidelines must shall allow transactions with joint ventures to be eligible for credit against the rural or Page 30 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 urbanmeet minority business enterprise goals of an agency when the contracting joint venture demonstrates that at least one partner to the joint venture is a certified rural or urban minority business enterpriseenterprises asspending definedgoals. in s.

For purposes of this section, the term “joint venture” means any association of two or more business concerns to carry out a single business enterprise for profit, for which purpose they combine their property, capital, efforts, skills, and knowledge.

The guidelines must shall allow transactions with joint ventures to be eligible for credit against the rural or urban minority business enterprise goals of an agency when the contracting joint venture demonstrates that at least one partner to the joint venture is a certified rural or urban minority business enterprise as defined in s.

This system must shall maintain information and statistics on certified rural or urban minority business enterprise participation, awards, dollar volume of expenditures andPage agency33 goals, and other appropriate types of information177 toCODING: analyze progress in the access of certified rural or urban minority business enterprises to state contracts and to monitor agency compliance with this section.

Such reporting must include, but is not limited to, the identification of all subcontracts in state contracting by dollar amount and by number of subcontracts and the identification of the utilization of Page 31 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 certifiedand ruralagency orgoals, urbanand minorityother businessappropriate enterprisestypes asof primeinformation contractorsto andanalyze subcontractorsprogress byin dollarthe amountsaccess of contractscertified andrural subcontracts,or numberurban ofminority contractsbusiness andenterprises subcontracts,to minoritystate status,contracts industry, and anyto conditionsmonitor oragency circumstancescompliance thatwith significantlythis affectedsection. the performance of subcontractors.

Such reporting must include, but is not limited to, the identification of all subcontracts in state contracting by dollar amount and by number of subcontracts and the identification of the utilization of certified rural or urban minority business enterprises as prime contractors and subcontractors by dollar amounts of contracts and subcontracts, number of contracts and subcontracts, minority status, industry, and any conditions or circumstances that significantly affected the performance of subcontractors.

The dollar amount and percentage of contracts awarded to certifiedPage rural34 orof urban177 minorityCODING: business enterprises by each state agency.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 certified rural or urban minority business enterprises by each state agency.

The total dollar amount and percentage of contracts awarded to certified rural or urban minority business Pageenterprises, 32whether ofdirectly 174or CODING:indirectly, as subcontractors.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 enterprises, whether directly or indirectly, as subcontractors.

(b) If the Office of Supplier Development Diversity determines that the proposed procurement will not likely allow opportunities for rural or urban minority business enterprises, the office may, within 20 days after it receives the information specified in paragraph (a), propose the implementation of rural orPage urban35 minorityof business177 enterpriseCODING: utilization provisions or submit alternative procurement methods that would significantly increase rural or urban minority business enterprise contracting opportunities.

(c) Whenever the agency and the Office of Supplier Development Diversity disagree, the matter must shall be submitted for determination to the head of the agency or the Page 33 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 senior-levelor officialurban designatedminority pursuantbusiness toenterprise thisutilization sectionprovisions asor liaisonsubmit foralternative procurement methods that would significantly increase rural or urban minority business enterprise issues.contracting opportunities.

(c) Whenever the agency and the Office of Supplier Development Diversity disagree, the matter must shall be submitted for determination to the head of the agency or the senior-level official designated pursuant to this section as liaison for rural or urban minority business enterprise issues.

(f) Paragraph (a) will not apply when the Office of SupplierPage Development36 Diversityof determines177 thatCODING: an agency has established a work plan to allow advance consultation and planning with rural or urban minority business enterprises and where such plan clearly demonstrates:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 Supplier Development Diversity determines that an agency has established a work plan to allow advance consultation and planning with rural or urban minority business enterprises and where such plan clearly demonstrates:

A high level of accessibility, knowledge, and experience Pageby 34rural ofor 174urban CODING:minority business enterprises in the agency’s contract decisionmaking process.

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words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 by rural or urban minority business enterprises in the agency’s contract decisionmaking process.

(a) Adopt a rural or urban minority business enterprise utilization plan for review and approval by the Office of SupplierPage Development37 Diversityof which177 shouldCODING: require meaningful and useful methods to attain the legislative intent in assisting rural or urban minority business enterprises.

(b) Designate a senior-level employee in the agency as a rural or urban minority enterprise assistance officer, responsible for overseeing the agency’s rural or urban minority business utilization activities, and who is not also charged Page 35 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 withSupplier purchasingDevelopment responsibility.Diversity which should require meaningful and useful methods to attain the legislative intent in assisting rural or urban minority business enterprises.

(b) Designate a senior-level employee in the agency as a rural or urban minority enterprise assistance officer, responsible for overseeing the agency’s rural or urban minority business utilization activities, and who is not also charged with purchasing responsibility.

Section 31.33.

It is the intent of the Legislature that thePage membership38 of such177 councilCODING: include practitioners, laypersons, financiers, and others with business development experience who can provide invaluable insight and expertise for this state in the diversification of its markets and networking of business opportunities.

The council shall initially be composed consist of 19 persons, each of whom is or has been actively engaged in small, rural, or urban and minority business Page 36 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 development,the eithermembership inof privatesuch industry,council ininclude governmentalpractitioners, service,laypersons, orfinanciers, asand aothers scholarwith ofbusiness recognizeddevelopment achievementexperience who can provide invaluable insight and expertise for this state in the studydiversification of suchits matters.markets and networking of business opportunities.

The council shall initially be composed consist of 19 persons, each of whom is or has been actively engaged in small, rural, or urban and minority business development, either in private industry, in governmental service, or as a scholar of recognized achievement in the study of such matters.

(d) Two representatives from the banking and insurance industry.Page 39 of 177 CODING:

(e) Two members from the private business sector, representing the construction and commodities industries.

(f) The Secretary of Commerce or his or her designee.

A candidate for appointment may be considered if eligible to be certified as an owner of a rural or urban minority business Page 37 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 enterprise,industry. or if otherwise qualified under the criteria above.

(e) Two members from the private business sector, representing the construction and commodities industries.

(f) The Secretary of Commerce or his or her designee.

A candidate for appointment may be considered if eligible to be certified as an owner of a rural or urban minority business enterprise, or if otherwise qualified under the criteria above.

A majorityPage of40 the members of the177 councilCODING: shall constitute a quorum.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 majority of the members of the council shall constitute a quorum.

Pagestudying 38the ability of 174financial CODING:markets and institutions to meet small business credit needs and determining the impact of government demands on credit for small, rural, or urban businesses;

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 studying the ability of financial markets and institutions to meet small business credit needs and determining the impact of government demands on credit for small, rural, or urban businesses;

Section 32.34.

Paragraph (b) of subsection (4) of section 288.001, Florida Statutes, is amended, and paragraph (b) of subsectionPage (3)41 isof reenacted,177 toCODING: read:

288.001 The Florida Small Business Development Center Network.— (3) OPERATION;

POLICIES AND PROGRAMS.— (b) The network’s statewide director shall consult with the Board of Governors, the department, and the network’s statewide advisory board to ensure that the network’s policies and Page 39 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 programssubsection align(3) withis thereenacted, statewideto goalsread: of the State University System and the statewide strategic economic development plan as provided under s.

288.001 The Florida Small Business Development Center Network.— (3) OPERATION;

POLICIES AND PROGRAMS.— (b) The network’s statewide director shall consult with the Board of Governors, the department, and the network’s statewide advisory board to ensure that the network’s policies and programs align with the statewide goals of the State University System and the statewide strategic economic development plan as provided under s.

Three members appointed from the private sector by the network’sPage statewide42 director.of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 network’s statewide director.

The Small Business Development Center Project Officer Pagefrom 40the ofU.S. 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 from the U.S.

Section 33.35.

(8) A description of the trends relating to business interest in, and usage of, the various incentives, and the number of small minority-owned or woman-owned small businesses and businesses in rural or urban areas receiving incentives.

Section 34.36.

288.1167 Sports franchise contract provisions for food and beveragePage concession43 and contract awards to minority business enterprises in rural or urban areas.—Any applicant who receives funding pursuant to the provisions of s.177 CODING:

212.20 must demonstrate that:

(1) Funds and facilities with respect to food and beverage and related concessions shall be awarded to certified rural or urban small minority business enterprises as defined in s.

Page 41 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 288.703beverage onconcession the same terms and conditionscontract asawards theto generalminority foodbusiness andenterprises beverage concessionaire and in accordance with the rural or urban minorityareas.—Any businessapplicant enterprisewho procurementreceives goalsfunding setpursuant forthto inthe provisions of s.

212.20 must demonstrate that:

(1) Funds and facilities with respect to food and beverage and related concessions shall be awarded to certified rural or urban small minority business enterprises as defined in s.

288.703 on the same terms and conditions as the general food and beverage concessionaire and in accordance with the rural or urban minority business enterprise procurement goals set forth in s.

Section 35.37.

(b) Be governed by a board of directors, which must be composedPage consist44 of up177 toCODING: 15 members appointed by the Governor.

In making appointments, the Governor shall must consider a potential member’s background in community service and sports activism in, and financial support of, the sports industry, professional sports, or organized amateur athletics.

Members must be residents of the state and highly knowledgeable about or active in professional or organized amateur sports.

Page 42 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 1.composed consist of up to 15 members appointed by the Governor.

In making appointments, the Governor shall must consider a potential member’s background in community service and sports activism in, and financial support of, the sports industry, professional sports, or organized amateur athletics.

Members must be residents of the state and highly knowledgeable about or active in professional or organized amateur sports.

1.

Section 36.38.

Section 37.39.

288.703-288.705 ss.Page 45 of 177 CODING:

288.703-288.706Words maystricken beare citeddeletions; as the “Florida Small and Minority Business Assistance Act.” Section 38.

words underlined are additions.

Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 ss.

288.703-288.706 may be cited as the “Florida Small and Minority Business Assistance Act.” Section 40.

(1) “Certified rural or urban business enterprise” means a Pagebusiness 43located in a defined geographic area within this state where one of 174the CODING:following conditions has been documented in the most recent census conducted by the Bureau of the Census of the United States Department of Commerce:

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words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 business located in a defined geographic area within this state where one of the following conditions has been documented in the most recent census conducted by the Bureau of the Census of the United States Department of Commerce:

(3) “Minority business enterprise” means any small business concern as defined in subsection (6) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due toPage identification46 in and with that group resulting in an underrepresentation of commercial177 enterprisesCODING: under the group’s control, and whose management and daily operations are controlled by such persons.

A minority business enterprise may primarily involve the practice of a profession.

Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person Page 44 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 withinto aidentification relatedin immediateand familywith that group ifresulting thein combinedan totalunderrepresentation netof assetcommercial valueenterprises ofunder allthe membersgroup’s ofcontrol, suchand familywhose groupmanagement exceedsand $1daily million.operations are controlled by such persons.

A minority business enterprise may primarily involve the practice of a profession.

Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million.

(e)Page An47 Americanof woman.177 CODING:

(4)(5) “Ombudsman” means an office or individual whose responsibilities include coordinating with the Office of Supplier Development Diversity for the interests of and providing assistance to rural or urban small and minority business enterprises in dealing with governmental agencies and in developing proposals for changes in state agency rules.

Page 45 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 (5)(6)(e) “SmallAn business”American meanswoman. an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification.

(4)(5) “Ombudsman” means an office or individual whose responsibilities include coordinating with the Office of Supplier Development Diversity for the interests of and providing assistance to rural or urban small and minority business enterprises in dealing with governmental agencies and in developing proposals for changes in state agency rules.

(5)(6) “Small business” means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification.

Section 39.41.

The reportPage must48 shallof include,177 butCODING: not be limited to, information relating to:

(1) The total number of solicitations received from state agencies during the calendar year.

(2) The number of solicitations received from each state agency during the calendar year.

(3) The method of distributing solicitation information to Page 46 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 businessesreport requestingmust suchshall service.include, but not be limited to, information relating to:

(1) The total number of solicitations received from state agencies during the calendar year.

(2) The number of solicitations received from each state agency during the calendar year.

(3) The method of distributing solicitation information to businesses requesting such service.

Section 40.42.

the Secretary of Commerce, the Chief Financial Officer, the Secretary of State, and a senior official of the United States Department of Commerce.Page 49 of 177 CODING:

(b) Appointees who are not state or Federal Government officials shall serve for a term of 3 years and shall be eligible for reappointment.

Nonstate and nonfederal official vacancies on the board shall be filled by the board within 30 days after the effective date of the vacancy.

Section 41.

Section 288.9628, Florida Statutes, is created Page 47 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 toCommerce. read:

(b) Appointees who are not state or Federal Government officials shall serve for a term of 3 years and shall be eligible for reappointment.

Nonstate and nonfederal official vacancies on the board shall be filled by the board within 30 days after the effective date of the vacancy.

Section 43.

Section 288.9628, Florida Statutes, is created to read:

(b)Page “Advisory50 affiliate”of has177 theCODING: same meaning as in s.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 (b) “Advisory affiliate” has the same meaning as in s.

Page517.021. 48 of 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 517.021.

275.203(l)-1(c)(3) and, for purposes of this section, includesPage investment51 inof one177 orCODING: more companies or projects.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 includes investment in one or more companies or projects.

Page(p) 49“Total capital commitment” means the total amount of 174cash CODING:funding the qualifying private fund intends to raise to make one or more qualifying investments in one or more qualifying portfolio companies.

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words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 (p) “Total capital commitment” means the total amount of cash funding the qualifying private fund intends to raise to make one or more qualifying investments in one or more qualifying portfolio companies.

3.Page 52 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 3.

(d) If, at any time after an applicant has submitted a complete application, there has been a material change that affects the accuracy or completeness of the information Pagecontained 50in ofthe 174application, CODING:the applicant must update its application.

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 contained in the application, the applicant must update its application.

(c)Page Each53 submission by a qualifying private fund to receive tax credits for a qualifying investment in a qualifying portfolio company must include, at a minimum, all of the177 following:CODING:

1.

The amount of cash deployed by the qualifying private fund to a qualifying investment in a qualifying portfolio company.

Page 51 of 174 CODING:

Florida Senate - 2025 CS for CSSB 1264 577-03064-25 20251264c1 (c) Each submission by a qualifying private fund to receive tax credits for SBa 1264qualifying 606-03584-25investment 20251264c2in 2.a qualifying portfolio company must include, at a minimum, all of the following::

1.

The amount of cash deployed by the qualifying private fund to a qualifying investment in a qualifying portfolio company.

2.

An election to sell or transfer any tax credit received pursuant to this section must be made no later than 5 years after the date the credit is received by the qualifying private fund,Page after54 whichof the177 creditCODING: expires and may not be used.

A qualifying private fund may not sell or transfer credits that have been authorized by the department but not yet issued by the Department of Revenue.

(e) The department may revoke or modify any written decision qualifying, certifying, or otherwise granting eligibility for tax credits under this section if it is Page 52 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 discoveredfund, thatafter thewhich qualifying private fund submitted any false statement, representation, or certification in any application filed in an attempt to receive tax credits under this section, or if the informationcredit inexpires aand previouslymay completednot applicationbe materiallyused. changes.

A qualifying private fund may not sell or transfer credits that have been authorized by the department but not yet issued by the Department of Revenue.

(e) The department may revoke or modify any written decision qualifying, certifying, or otherwise granting eligibility for tax credits under this section if it is discovered that the qualifying private fund submitted any false statement, representation, or certification in any application filed in an attempt to receive tax credits under this section, or if the information in a previously completed application materially changes.

Documentation supporting the total number of full-time equivalent employees employed by the qualifying portfolio company.Page 55 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 company.

Documentation supporting that the qualifying private fund has not exited its position from the qualifying portfolio company through acquisition by a company not based in this Pagestate. 53 of 174 CODING:

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words underlined are additions.

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 state.

RecapturedPage funds56 mustof be177 depositedCODING: into the General Revenue Fund.

(10) CONSTRUCTION.—For purposes of this section and part III of chapter 692, committed capital invested in a qualifying portfolio company by a venture capital fund may not be construed as having ownership of the qualifying portfolio company.

(11) REPORTING.—Beginning December 30, 2026, the department Page 54 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 shallRecaptured includefunds themust amountsbe ofdeposited taxinto credits authorized and received, the totalGeneral numberRevenue ofFund. jobs created, and the total number of jobs created in this state in its annual incentives report required under s.

(10) CONSTRUCTION.—For purposes of this section and part III of chapter 692, committed capital invested in a qualifying portfolio company by a venture capital fund may not be construed as having ownership of the qualifying portfolio company.

(11) REPORTING.—Beginning December 30, 2026, the department shall include the amounts of tax credits authorized and received, the total number of jobs created, and the total number of jobs created in this state in its annual incentives report required under s.

Section 42.44.

In making such investments, the agency shall firstPage attempt57 toof invest177 inCODING: existing community investment corporations providing services in the enterprise zone.

Such investments shall be made under conditions required by law and as the agency may require, including, but not limited to:

(a) The funds invested by the agency shall be used to provide loan guarantees to individuals for rural or urban minority business enterprises located in the enterprise zone.

Page 55 of 174 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 (b)first Theattempt communityto investmentinvest corporationin mayexisting notcommunity approveinvestment anycorporations applicationproviding forservices ain loan guarantee unless the personenterprise applyingzone. for the loan guarantee shows that he or she has applied for the loan or loan guarantee through normal banking channels and that the loan or loan guarantee has been refused by at least one bank or other financial institution.

SectionSuch 43.investments shall be made under conditions required by law and as the agency may require, including, but not limited to:

(a) The funds invested by the agency shall be used to provide loan guarantees to individuals for rural or urban minority business enterprises located in the enterprise zone.

(b) The community investment corporation may not approve any application for a loan guarantee unless the person applying for the loan guarantee shows that he or she has applied for the loan or loan guarantee through normal banking channels and that the loan or loan guarantee has been refused by at least one bank or other financial institution.

Section 45.

SectionPage 44.58 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 Section 46.

255.20 when Space Florida engages in professional or construction services, or both, under an Pagearrangement 56with ofa 174person CODING:in which:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 arrangement with a person in which:

For purposes of this subsection, moneysmonies received by the person contracted to provide goods produced and services provided from government entities in the ordinary course of its operation of the project are not state or local government funds.

Section 45.47.

Section 331.351, Florida Statutes, is amended to read:

331.351 Participation by rural or urban women, minorities, and socially and economically disadvantaged business enterprises encouraged.—It is the intent of the Legislature and the public policy of this state that rural or urban women, minorities, and socially and economically disadvantaged business enterprises be Page 59 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 encouraged to participate fully in all phases of economic and community development.

Accordingly, to achieve such purpose, Space Florida shall, in accordance with applicable state and federal law, involve and utilize rural or urban women, minorities, and socially and economically disadvantaged business enterprises in all phases of the design, development, construction, maintenance, and operation of spaceports developed under this act.

Section 48.

(b) The minimum eligibility requirements a newly employed officer must meet to receive and retain a bonus payment, which Pagemust 57include: of 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 must include:

Maintaining continuous full-time employment with a Florida criminal justice agency for at least 2 years from the datePage on60 whichof the177 officerCODING: obtained certification.

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 date on which the officer obtained certification.

Section 46.49.

Page1. 58 of 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 1.

4.Page 61 of 177 CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 4.

Section 47.50.

Section 48.51.

17.11 To report disbursements made.— Page(2) 59The ofChief 174Financial CODING:Officer shall also cause to have reported from the Florida Accounting Information Resource Subsystem no less than quarterly the disbursements which agencies made to small businesses, as defined in the Florida Small and Minority Business Assistance Act,;

and to certified rural or urban minority business enterprises in the aggregate;

and to certified minority business enterprises broken down into Page 62 of 177 CODING:

Florida Senate - 2025 CS for CS for SB 1264 606-03584-25577-03064-25 20251264c220251264c1 (2)categories Theof Chiefminority Financialpersons, Officeras shallwell also cause to have reported from the Florida Accounting Information Resource Subsystem no less than quarterly the disbursements which agencies made to small businesses, as definedgender in the Florida Small and Minoritynationality Businesssubgroups. Assistance Act,;

and to certified rural or urban minority business enterprises in the aggregate;

and to certified minority business enterprises broken down into categories of minority persons, as well as gender and nationality subgroups.

Section 49.52.

Section 50.53.

(1) “Agency” means the following officers or governmental entities if acting pursuant to powers other than those derived Pagefrom 60the ofconstitution: 174 CODING:

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Florida Senate - 2025 CS for CS for SB 1264 606-03584-25 20251264c2 from the constitution:

a multicounty special district, but only if a majority of its governingPage board63 is comprised of nonelected177 persons;CODING:

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Florida Senate - 2025 CS for SB 1264 577-03064-25 20251264c1 governing board is comprised of nonelected persons;