Text of FL H 871 (2018)
Government Actions Discriminating Against Businesses
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As introduced
3,442 characters
HB 871
2018
CODING: Words stricken are deletions; words underlined are additions.
hb0871-00
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A bill to be entitled
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An act relating to government actions discriminating
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against businesses; providing a short title; creating
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s. 760.65, F.S.; providing definitions; prohibiting
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certain discriminatory actions by governmental
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entities against business entities; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Free Enterprise
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Protection Act."
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Section 2. Section 760.65, Florida Statutes, is created to
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read:
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760.65 Discriminatory action by government against
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businesses.—
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(1) As used in this section, the term:
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(a) "Business entity" means a sole proprietorship,
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corporation, limited liability company, limited liability
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partnership, or other legal entity, association, or body vested
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with the power or function of a legal entity.
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(b) "Discriminatory action" means any action taken by a
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government entity to:
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1. Alter in any way the tax treatment of, or cause any
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tax, penalty, or payment to be assessed against a business
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HB 871
2018
CODING: Words stricken are deletions; words underlined are additions.
hb0871-00
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entity;
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2. Deny, delay, or revoke a business entity's exemption
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from taxation or other tax benefit;
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3. Withhold, reduce, exclude, terminate, deny, or
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otherwise make unavailable to a business entity any grant,
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contract, subcontract, cooperative agreement, bond issue,
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license, certification, or other similar opportunity, position,
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or status; or
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4. Withhold, reduce, exclude, terminate, deny, or
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otherwise make unavailable to a business entity access or an
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entitlement to property, facilities, speech forums, including
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traditional, limited, and nonpublic forums, or charitable
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fundraising campaigns.
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(c) "Governmental entity" means any branch, department,
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agency, commission, or instrumentality of state government or
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any political subdivision of the state and any official or other
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person acting under color of state law.
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(2) A governmental entity shall not take discriminatory
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action against a business entity:
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(a) On the basis of the internal policies of the business
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entity, including, but not limited to, personnel and employee
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benefit policies that are in compliance with state law.
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(b) Because of the business entity's exercise of a right
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guaranteed under the state or federal constitutions, including,
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but not limited to, the rights of freedom of expression and free
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HB 871
2018
CODING: Words stricken are deletions; words underlined are additions.
hb0871-00
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exercise of religion.
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Section 3. This act shall take effect July 1, 2018.
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