Senate Bill sb1826c1

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    Florida Senate - 2001                           CS for SB 1826

    By the Committee on Commerce and Economic Opportunities; and
    Senators Mitchell and Klein




    310-1729-01

  1                      A bill to be entitled

  2         An act relating to rural development; creating

  3         the Florida Rural Heritage Act; providing

  4         legislative findings; providing definitions;

  5         providing for the designation of a Rural

  6         Heritage Area; providing for a community-based

  7         planning process; specifying guidelines for

  8         Rural Heritage Area plans; providing procedure

  9         for adoption of a plan; providing for economic

10         incentives, reports, and technical assistance;

11         creating the Rural Heritage Grant Program to

12         assist local governments in adopting Rural

13         Heritage Areas, to be administered by the

14         Department of Community Affairs; providing for

15         priority of funding; requiring the Department

16         of Community Affairs to adopt rules; providing

17         for development of a nature-and-heritage-based

18         tourism business micro-loan program; providing

19         for establishment of a revolving loan fund;

20         providing for wireless community-based network

21         technology pilot programs to be established by

22         the State Technology Office; providing for

23         pilot projects to encourage diversification of

24         agricultural products and marketing to be

25         developed by the Department of Agriculture and

26         Consumer Services; providing for review and

27         evaluation by the Office of Program Policy

28         Analysis and Government Accountability;

29         amending s. 163.3187, F.S.; providing

30         conditions for adoption of local comprehensive

31         plans for rural activity centers; amending s.

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  1         187.201, F.S.; modifying goals of the State

  2         Comprehensive Plan to include housing for

  3         specified persons in rural areas and

  4         development of nature-based tourism; providing

  5         a policy of fostering integrated and

  6         coordinated community planning efforts;

  7         providing support for rural communities in

  8         developing nature-and-heritage-based tourism

  9         enterprises; providing support for landowners

10         who wish their lands to remain in agricultural

11         use; amending s. 212.096, F.S.; providing a

12         credit against sales tax for businesses located

13         in an enterprise zone within a rural county or

14         city as defined; amending s. 220.181, F.S.;

15         providing enterprise-zone jobs credits for

16         businesses within jurisdiction of a rural local

17         government; amending s. 290.0055, F.S.;

18         providing a condition for designating

19         communities within the jurisdiction of a rural

20         local government as an enterprise zone;

21         amending s. 420.507, F.S.; modifying powers of

22         the Florida Housing Finance Corporation;

23         providing that specified provisions are subject

24         to appropriations or the availability of agency

25         funds; providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Florida Rural Heritage Act.--

30         (1)  SHORT TITLE.--This section may be cited as the

31  "Florida Rural Heritage Act."

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  1         (2)  FINDINGS.--The Legislature finds that:

  2         (a)  Fiscally and culturally strong rural communities

  3  are beneficial to regional and state economies and resources;

  4  are a method for reduction of future urban sprawl; encourage

  5  compact, efficient urban growth patterns; and should be

  6  promoted by state, regional, and local governments.

  7         (b)  The health and vibrancy of the state's rural areas

  8  benefit their respective regions and the state; conversely,

  9  the deterioration of those rural areas negatively impacts the

10  surrounding area and the state.

11         (c)  In recognition of the interwoven nature of the

12  relationships among rural communities, agricultural lands,

13  open space lands, urban centers, regions, and the state, the

14  respective governments should establish a framework and work

15  in partnership with communities and the private sector to

16  revitalize rural areas.

17         (d)  A state rural policy should guide the state,

18  regional agencies, local governments, and the private sector

19  in creating economic prosperity and preserving the unique

20  rural character and heritage of the state's rural areas. The

21  policy should encourage and assist local governments in

22  addressing issues including adequate provision of

23  infrastructure, affordable housing, human services, safe

24  neighborhoods, agricultural profitability, educational

25  facilities, sound land uses, health care, and economic

26  diversification and development to sustain rural communities

27  into the future.

28         (e)  Successfully revitalizing and sustaining rural

29  areas depends on addressing, through an integrated and

30  coordinated community effort, a range of varied components

31  essential to a healthy rural environment, including cultural,

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  1  educational, recreational, economic, transportation, land use,

  2  information technology, and social service delivery

  3  components.

  4         (f)  Identification of rural activity centers and of

  5  strategies to promote economic prosperity while protecting

  6  rural character are recognized as important components and

  7  useful mechanisms to promote and sustain rural areas. State

  8  and regional entities and local governments should provide

  9  incentives to promote community-based processes to identify

10  such centers and strategies. Existing programs and incentives

11  should be integrated to the extent possible to promote sound

12  rural development and to achieve the goals of the state rural

13  policy.

14         (g)  Full funding for rural transportation and water

15  infrastructure needs, rural schools, health care services, and

16  information technology are important investments by the state

17  in the overall health of its rural communities, and are

18  integral components of a state rural policy.

19         (h)  Many rural local governments are hindered by

20  limited staff and capacity in their efforts to secure

21  available resources. A state rural policy should assist local

22  governments in identifying and accessing needed resources for

23  which they are eligible, and should promote creative ways to

24  maximize the efficiency of rural local governments' existing

25  staff and other resources.

26         (i)  Agriculture plays an integral role in the economy,

27  ecology, and culture of the state's rural areas and of the

28  state as a whole. At the same time, the state is losing

29  agricultural lands to development at a rapid rate. A state

30  rural policy should assist state agencies and local

31  governments in creating and marketing tools for increasing the

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  1  profitability of agricultural land uses and other incentives

  2  for conserving the state's agricultural lands.

  3         (j)  In recognition that approximately one-half of all

  4  visitors to this state include a nature-based experience in

  5  their vacation, a state rural policy should encourage the

  6  development of a nature-and-heritage-based tourism industry

  7  that meets this growing public demand, protects the state's

  8  natural and cultural resources, and contributes to economic

  9  prosperity, especially in the state's rural communities.

10         (3)  DEFINITIONS.--As used in this section, the term:

11         (a)  "Local government" means any county or

12  municipality.

13         (b)  "Rural Activity Center" means an area or areas

14  designated by a local government where:

15         1.  The area is located within a Rural Heritage Area.

16         2.  Public services, including water services,

17  transportation infrastructure, schools, and recreation are

18  already available or are scheduled to be provided in an

19  adopted 5-year schedule of capital improvements, and the area

20  has historically served as a commercial business center or

21  site of public buildings for surrounding rural residents.

22         3.  The area may consist of or include state community

23  redevelopment areas, brownfields, enterprise zones, or

24  Mainstreet programs, federal Empowerment Zones, Enterprise

25  Communities, Champion Communities, or Brownfield Showcase

26  Communities.

27

28  The Rural Activity Center will serve and be developed as a

29  "town center," promoting compact, efficient development within

30  the Rural Activity Center, and allowing lower density

31

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  1  development that retains rural character within the remaining

  2  portions of the designated Rural Heritage Area.

  3         (c)  "Rural Heritage Area" means an area or areas

  4  designated by a local government or governments through

  5  interlocal agreement where:

  6         1.  More than 50 percent of the land within the

  7  designated area is in agricultural, open space, recreational,

  8  or other non-developed uses;

  9         2.  The designated area fits the definition of, or

10  falls within an area that fits the definition of, a rural

11  county, rural municipality, or rural community as defined in

12  section 288.106, Florida Statutes;

13         3.  The area may comprise a single rural county as

14  defined in section 288.106, Florida Statutes, a multi-county

15  area, or a sub-county area that is rural in nature and meets

16  the above land-use, demographic, economic, and definitional

17  criteria. If a sub-county area, it may comprise one or more

18  rural municipalities, as defined in section 288.106, Florida

19  Statutes, and may include unincorporated areas between or

20  surrounding the rural municipalities provided that all parts

21  of the designated area meet the above criteria.

22         (4)  DESIGNATION OF A RURAL HERITAGE AREA.--

23         (a)  A local government, or local governments through

24  interlocal agreement, may designate a geographic area or areas

25  within the applicable jurisdiction as a Rural Heritage Area

26  for the purpose of convening a community-based holistic

27  planning process to identify community problems and assets,

28  create a vision for the area's future, and formulate a

29  strategic plan for implementing asset-based solutions to the

30  problems identified.

31

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  1         (b)  A local government, or local governments through

  2  interlocal agreement, may designate a geographic area or areas

  3  within the applicable jurisdiction and within a designated

  4  Rural Heritage Area as a Rural Activity Center for the purpose

  5  of targeting economic development, job creation, housing,

  6  transportation and other infrastructure, neighborhood

  7  revitalization and preservation, the promotion of rural land

  8  preservation, and the employment of land-use incentives to

  9  encourage mixed-use development that will revitalize the Rural

10  Activity Center area as a functioning downtown that can serve

11  residents of surrounding rural areas.

12         (c)  Designation of a Rural Heritage Area or Rural

13  Activity Center does not exempt the local government from the

14  process required under chapter 163, Florida Statutes, for

15  amending the comprehensive plan within the designated area.

16         (5)  COMMUNITY-BASED PLANNING PROCESS.--

17         (a)  As part of the designation of the Rural Heritage

18  Area and the preparation of a Rural Heritage Area plan, a

19  community participation process must be implemented in each

20  proposed Rural Heritage Area. The process must involve

21  stakeholders including, but not limited to, community-based

22  organizations; neighborhood associations; educational, health

23  care, and religious organizations; area residents, including

24  low-income residents; appropriate local government

25  representatives; local school boards; and, when appropriate,

26  institutions of higher education.

27         (b)  The objective of the community participation

28  process is to produce an integrated plan that benefits the

29  community as a whole, and to encourage residents within the

30  designated area to participate in the design and

31  implementation of the Rural Heritage Area plan, including the

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  1  visioning of the area's future, before prioritizing and

  2  optimizing scarce resources. The planning process must be

  3  collaborative and holistic and must address, at a minimum,

  4  economic development including the nature-and-heritage-based

  5  tourism industry, land use, affordable housing,

  6  infrastructure, education, health care, public safety,

  7  financial capacity, both public and private, information

  8  technology, workforce development, ecological conservation,

  9  social equity, the role of agriculture in the local economy if

10  applicable, and, the role of local government.

11         (c)  In lieu of preparing a new plan, the local

12  government may demonstrate that an existing plan or

13  combination of plans includes the factors listed in paragraph

14  (d), or amend such existing plans to include the factors

15  listed in paragraph (d), including the community-based

16  planning process. If the area constitutes or contains a

17  federally designated Empowerment Zone, Enterprise Community,

18  or Champion Community, the plan and planning process done in

19  application for that designation will serve to meet the

20  requirements of the community-based planning process, and will

21  allow the community to apply for implementation grants under

22  the Rural Heritage Grant program that are based on such plan.

23         (d)  A local government seeking to designate a

24  geographic area as a Rural Heritage Area shall propose a plan

25  that describes means of promoting economic prosperity and

26  preserving the unique rural character of the area. The plan

27  must demonstrate the local government's and community's

28  commitment to comprehensively addressing the problems within

29  the Rural Heritage Area and identify activities, programs, and

30  resources that can help accomplish locally identified goals

31  such as improved educational opportunities; economic

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  1  diversification and development; the future of agricultural

  2  land uses in the planning area; provision of infrastructure

  3  needs, including information technology infrastructure;

  4  prioritizing, pooling, and leveraging scarce resources; and

  5  mixed-use planning for Rural Activity Centers to improve both

  6  the residential and commercial quality of life in the area.

  7  The plan must also:

  8         1.  Contain a map depicting the Rural Heritage Area or

  9  areas, and Rural Activity Center if applicable, to be included

10  within the designation.

11         2.  Contain interlocal agreements, as appropriate,

12  among participating local governments and any regional or

13  nonprofit organizations which express the entities' commitment

14  to collectively designating the area and to coordinated

15  implementation efforts based on the plan.

16         3.  Identify any existing enterprise zones, community

17  redevelopment areas, community development districts,

18  brownfield areas, downtown redevelopment districts, safe

19  neighborhood improvement districts, historic preservation

20  districts, and empowerment zones located within the area

21  proposed for designation.

22         4.  Identify a memorandum of understanding between the

23  district school board and the local government jurisdiction

24  regarding public school facilities located within the Rural

25  Heritage Area to identify how the school board will enhance

26  public school facilities and programs in the designated area.

27         5.  Explain how projects identified in the plan forward

28  the goals of creating economic prosperity for area residents

29  and preserving the rural character and heritage of the

30  planning area. Projects may include land acquisition;

31  demolition, construction, or renovation of structures;

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  1  purchase of conservation easements or development rights on

  2  agricultural, conservation or recreational lands; job-training

  3  programs; investments in educational technologies; capacity

  4  building through existing or new nonprofit organizations;

  5  creation, enhancement, or marketing of nature, agricultural,

  6  or heritage-based tourism or recreational facilities; or

  7  improvement of the delivery of health care services to rural

  8  residents.

  9         6.  Identify the geographic locations for projects

10  identified through the community participation process and

11  explain how such projects will be implemented.

12         7.  Identify how the local government intends to

13  implement and enhance affordable housing programs as defined

14  in section 420.602, Florida Statutes, including economic and

15  community development programs administered by the Department

16  of Community Affairs and the Florida Housing Finance

17  Corporation within the Rural Heritage Area.

18         8.  If applicable, provide guidelines for the adoption

19  of land-development regulations specific to the Rural Heritage

20  Area which provide for the use or purchase of conservation

21  easements, purchase or transfer of development rights, or the

22  use of other means available to local governments under

23  section 704.06, Florida Statutes, for the purpose of

24  preserving agricultural lands.

25         9.  If applicable, identify and adopt a package of

26  financial and local government incentives which the local

27  government will offer for new development, expansion or

28  renovation of existing development, and redevelopment within

29  any designated Rural Activity Center. Examples of such

30  incentives include:

31         a.  Waiver of license and permit fees.

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  1         b.  Waiver of delinquent taxes or fees to promote the

  2  return of property to productive use.

  3         c.  Expedited permitting.

  4         d.  Prioritization of infrastructure spending within

  5  the Rural Heritage Area and Rural Activity Center.

  6         10.  Identify how activities and incentives within the

  7  Rural Heritage Area or Rural Activity Center will be

  8  coordinated and what administrative mechanism the local

  9  government will use for the coordination and monitoring of

10  Rural Heritage Area plan implementation.

11         11.  Provide a list of stakeholders participating in

12  the community planning process, consistent with the list

13  provided in paragraph (a).

14         12.  Identify goals, objectives, performance measures,

15  and baseline data on conditions for evaluating the success of

16  the local government, community-based organizations, and other

17  stakeholders in implementing the Rural Heritage Area plan and

18  in improving economic prosperity and preserving rural

19  character.

20         (e)  The Regional Planning Council covering the

21  geographic location of the Rural Heritage Area, or other

22  appropriate nonprofit, university-based, or for-profit

23  organizations, may assist the local government in convening

24  the community-based planning process and in preparing the

25  Rural Heritage Area plan provided that the process and

26  resulting plan meet all other requirements as described in

27  this section.

28         (f)  After the preparation of a Rural Heritage Area

29  plan or the designation of an existing plan, the local

30  government must adopt the plan by ordinance. Notice for the

31  public hearing on the ordinance must be in the form

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  1  established in section 166.041(3)(c)2., Florida Statutes, for

  2  municipalities and section 125.66(4)(b)2., Florida Statutes,

  3  for counties.

  4         (g)  For a local government to designate a Rural

  5  Heritage Area or Rural Activity Center, it must amend its

  6  comprehensive land-use plan under section 163.3187, Florida

  7  Statutes, to delineate the Rural Heritage Area within the

  8  future land-use element of its comprehensive plan. An

  9  amendment to the local comprehensive plan to designate a Rural

10  Heritage Area or Rural Activity Center is exempt from the

11  twice-a-year amendment limitation of section 163.3187, Florida

12  Statutes.

13         (6)  ECONOMIC INCENTIVES, REPORTS, TECHNICAL

14  ASSISTANCE.--

15         (a)  A local government with an adopted Rural Heritage

16  Area plan or a plan employed in lieu thereof may issue revenue

17  bonds under section 163.385, Florida Statutes, and employ tax

18  increment financing under section 163.387, Florida Statutes,

19  for the purpose of financing the implementation of the plan as

20  appropriate, particularly within designated Rural Activity

21  Centers.

22         (b)  A local government with an adopted Rural Heritage

23  Area plan or a plan employed in lieu thereof may exercise the

24  powers granted under section 163.514, Florida Statutes, for

25  community redevelopment neighborhood improvement districts,

26  including the authority to levy special assessments as

27  appropriate, particularly within designated Rural Activity

28  Centers.

29         (c)  State agencies that provide funding for

30  infrastructure, cost-reimbursement, grants, or loans to local

31  governments, including the Department of Environmental

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  1  Protection (Clean Water State Revolving Fund, Drinking Water

  2  Revolving Loan Trust Fund, and the State of Florida Pollution

  3  Control Bond Program); the Department of Community Affairs

  4  (Economic Development and Housing Program, Florida Communities

  5  Trust); the Florida Housing Finance Corporation; and the

  6  Department of Transportation, shall report to the President of

  7  the Senate and the Speaker of the House of Representatives by

  8  January 1, 2002, regarding statutory and rule changes

  9  necessary to give Rural Heritage Areas identified by local

10  governments that have completed the community-based planning

11  process an elevated priority in infrastructure funding, loan,

12  and grant programs.

13         (d)  State agencies that provide funding to local

14  governments shall identify grant programs for which local

15  government cash match requirements will be waived or replaced

16  by in-kind match, which can include the creation of a

17  permanent Resource Development staff position within the local

18  government to work on accessing a variety of grants, and loan

19  programs for which repayment will be forgiven, for rural local

20  government applicants that have successfully completed the

21  Rural Heritage Area grant program community planning process.

22  Agencies shall report to the President of the Senate and the

23  Speaker of the House of Representatives by September 1, 2001,

24  on programs identified, statutory or rule changes needed, and

25  cost of implementation.

26         (e)  The Rural Economic Development Initiative (REDI),

27  as described in section 288.0656, Florida Statutes, shall work

28  with state agencies and other organizations that provide

29  loans, grants, or technical assistance of any kind to the

30  state's rural communities, to update, maintain, and distribute

31  semiannually to every rural county and city government as

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  1  defined in section 288.106, Florida Statutes, the Rural

  2  Resource Directory, which describes resources, including

  3  federal resources, which are available to rural local

  4  governments and how to access them. The publication must

  5  include statutory provisions that enable local governments to

  6  raise or direct revenues toward the goals of promoting

  7  economic prosperity while preserving rural character. To the

  8  extent possible, REDI shall provide, or shall work through the

  9  Regional Planning Councils, the Small County Technical

10  Assistance Program, the Local Government Financial Technical

11  Assistance Program, the State University System, or other

12  relevant organizations to provide, technical assistance to all

13  rural local governments to access these resources.

14         (f)  Provision by REDI or other organizations

15  identified in paragraph (e) of technical assistance in

16  accessing available resources as described in paragraph (e) is

17  an automatic result of successful completion of the Rural

18  Heritage Area community planning process.

19         (g)  REDI shall work with the Florida State Rural

20  Development Council and state agencies to develop a simple,

21  uniform grant application form for use by local government

22  grant applicants. To the extent feasible, such a uniform

23  application process should incorporate the sharing of known

24  information about local governments among state government

25  agencies in order to maximize the efficiency of local

26  governments' efforts to secure available resources. The

27  uniform grant application must be adopted for use by state

28  agencies by July 1, 2002.

29         (7)  GRANT PROGRAM.--

30         (a)  A Rural Heritage Grant Program is created to

31  assist local governments in adopting Rural Heritage Areas,

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  1  completing the community-based planning process, and

  2  implementing elements of the resulting Rural Heritage Area

  3  plan.

  4         (b)  Forty-five percent of the general revenue

  5  appropriated for the Rural Heritage Grant Program must be

  6  available for conducting the community-based planning process

  7  and completing the Rural Heritage Area plans. Forty-nine

  8  percent of the general revenue appropriated for the Rural

  9  Heritage Grant Program must be available for implementing

10  projects that are identified in the local government's adopted

11  Rural Heritage Area plan or a plan employed in lieu thereof. A

12  local government may allocate grant money to special

13  districts, including community redevelopment agencies and

14  nonprofit community development organizations, to implement

15  projects consistent with an adopted Rural Heritage Area plan

16  or a plan employed in lieu thereof. Five percent of the

17  revenue must be made available for "seed money" grants of not

18  more than $10,000 to assist local governments to begin the

19  process of identifying Rural Heritage Areas, assembling a core

20  group of community-based participants, and applying for

21  planning grants. The remaining 1 percent must be made

22  available for administrative costs incurred by the Department

23  of Community Affairs for implementing the Rural Heritage Grant

24  Program and the Urban Infill and Redevelopment Assistance

25  Grant Program. Projects that provide employment opportunities

26  to clients of the WAGES program must be given an elevated

27  priority in the scoring of competing grant applications. To

28  encourage rural-urban partnerships and regional planning,

29  grant applications may be made, and grant moneys may be used,

30  in regional or partnership projects with communities eligible

31  to participate in the Urban Infill and Redevelopment

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  1  Assistance Grant Program. The Division of Housing and

  2  Community Development of the Department of Community Affairs

  3  shall administer the grant program.

  4         (c)  Priority for funding under the Rural Heritage

  5  Grant Program shall be given to Rural Heritage Areas in which

  6  a majority of the populated portions of the area are

  7  characterized by pervasive poverty, unemployment, and general

  8  distress, as defined in section 290.0058, Florida Statutes.

  9         (d)  The Department of Community Affairs, in

10  consultation with the REDI, shall adopt rules establishing

11  grant review criteria consistent with this section. Actions

12  required by this paragraph are contingent upon funds being

13  provided to implement the Rural Heritage Grant Program.

14         (e)  If the local government fails to implement

15  sections of the Rural Heritage Area plan funded through a

16  Rural Heritage Area implementation grant pursuant to the

17  deadlines specified in the grant agreement, the Department of

18  Community Affairs, in consultation with REDI, may seek to

19  rescind the economic and regulatory incentives granted to a

20  Rural Heritage Area or Rural Activity Center, subject to the

21  provisions of chapter 120, Florida Statutes. The action to

22  rescind may be initiated 90 days after issuing a written

23  letter of warning to the local government.

24         (8)  NATURE-AND-HERITAGE-BASED TOURISM BUSINESS

25  MICRO-LOAN PROGRAM.--The statewide advisory committee on

26  nature-and-heritage-based tourism, as established in section

27  288.1224, Florida Statutes, shall work with Enterprise

28  Florida, Inc., the Office of Tourism, Trade, and Economic

29  Development, VISIT FLORIDA, the Rural Economic Development

30  Initiative, the Florida Fish and Wildlife Conservation

31  Commission, the Division of Recreation and Parks of the

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  1  Florida Department of Environmental Protection, and other

  2  appropriate entities to develop a statewide micro-loan program

  3  for the purpose of financing the creation and enhancement of

  4  small businesses providing nature-based or heritage-based

  5  tourism experiences. Examples include bicycle rentals, canoe

  6  outfitters, and bed-and-breakfast facilities in proximity to

  7  natural areas, and eco-tour operators and guides. No later

  8  than November 1, 2001, this group shall submit a report to the

  9  President of the Senate and the Speaker of the House of

10  Representatives which provides: the mission and structure of

11  the micro-loan program; guidelines for administering the

12  program; and criteria for and any limitations on loan

13  recipient eligibility and on use of loan funds.

14         (9)  WIRELESS COMMUNITY-BASED NETWORK PILOT PROGRAM.--

15         (a)  The State Technology Office, in consultation with

16  the Departments of Education, Health, and Community Affairs,

17  the State Library, local governments, and the regional

18  consortium service organizations, established under section

19  228.0857, Florida Statutes, and institutions of higher

20  education, shall develop recommendations regarding the

21  establishment of two pilot projects in rural communities that

22  use wireless or other technologies. The purposes of the

23  projects are to illustrate ways to increase access to quality

24  educational, health-care, and other resources in the state's

25  rural areas; to leverage federal funds available for bridging

26  the "digital divide"; to build on existing applications to

27  create community-based networks; and to foster opportunities

28  for innovative distribution of existing funds. The pilot

29  projects must include linkages to existing information

30  technology systems in the pilot area, for example, to a public

31  library, a university, or a 4-year or community college,

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  1  county or municipal government, health-care facility, or

  2  private business network.

  3         (b)  The State Technology Office shall select the rural

  4  communities that will participate in the pilot project in

  5  consultation with the Departments of Education, Health, and

  6  Community Affairs, and the State Library. The selection

  7  process must be based on the following criteria:

  8         1.  Through evaluation of the school improvement plan,

  9  demonstration of how the school or district will leverage

10  additional connectivity provided through the pilot project to

11  improve student achievement;

12         2.  If the pilot project involves wireless technology,

13  demonstration of the school's or district's ability to

14  effectively deploy wireless technology based on existing

15  infrastructure;

16         3.  Demonstration of commitment of the leadership of

17  the school or district to use technology to improve teaching

18  and learning;

19         4.  If the pilot project involves wireless technology,

20  potential cost savings or improved access resulting from the

21  use of wireless rather than traditional connectivity

22  technology;

23         5.  The ability to use the technology infrastructure in

24  other local government applications within the service area;

25         6.  Demonstration of willingness and ability of the

26  community to assume ongoing costs to maintain the pilot

27  project for a minimum 5-year period. Such willingness and

28  ability may be demonstrated through intracommunity agreements

29  or other means; and

30         7.  Such other criteria as determined by the agencies.

31

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  1         (c)  The State Technology Office, in consultation with

  2  the Departments of Education, Health, and Community Affairs,

  3  the State Library, and local governments, shall include in its

  4  report performance standards for the pilot project consistent

  5  with the Sunshine State Standards, as described in section

  6  229.57, Florida Statutes, and broader community-based

  7  standards as appropriate, and shall evaluate the progress of

  8  the pilot project at least annually based on the performance

  9  standards.

10         (d)  The State Technology Office shall report its

11  recommendations to the Senate President, the Speaker of the

12  House of Representatives, and the Governor by November 1,

13  2001. Recommendations will address the implementation and

14  funding of the pilot programs.

15         (10)  AGRICULTURAL CONSERVATION AND PROFITABILITY.--

16         (a)  The Department of Agriculture and Consumer

17  Services, in consultation with the University of Florida and

18  the Florida Agricultural and Mechanical University, shall

19  establish three pilot projects aimed at encouraging the

20  diversification of agricultural production and marketing

21  throughout the state. Each project must do at least one of the

22  following: introduce alternative crops, such as hot peppers,

23  amaranth, or pigeon peas, or alternative growing techniques,

24  for example, greenhouse vegetable production in north Florida

25  or early-season blueberries and peaches; or introduce a

26  value-added activity or industry, such as fruit or vegetable

27  processing or packaging into a farming community as a means of

28  increasing the profitability of current farm products for

29  local growers. At least one of these projects must include a

30  tobacco farm that is being adversely impacted by reductions in

31  tobacco quotas. The purpose of the pilot projects is to

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  1  demonstrate alternative crops, techniques, and industries that

  2  can enhance the profitability and sustainability of

  3  agriculture in the state. The Commissioner of Agriculture

  4  shall, in consultation with the Agricultural Economic

  5  Development Project Review Committee as described in section

  6  570.248, Florida Statutes, select the pilot project based on

  7  evaluation criteria for agricultural economic development

  8  projects delineated in section 570.247, Florida Statutes. The

  9  Commissioner of Agriculture shall report annually to the

10  Agricultural Economic Development Project Review Committee on

11  the progress of the pilot project for the duration of the

12  project based on performance measures developed for the

13  project consistent with sections 570.244, 570.246, and

14  570.247, Florida Statutes.

15         (b)  The Commissioner of Agriculture shall issue a

16  report on the progress of the pilot programs to the Senate

17  President, the Speaker of the House of Representatives, and

18  the Governor by December 15, 2001.

19         (c)  As authorized in section 403.0752, Florida

20  Statutes, and based on results of current "whole farm

21  planning" pilot projects, the Florida Department of

22  Environmental Protection shall work with willing partners to

23  streamline the permitting process for agricultural land uses.

24         (11)  REVIEW AND EVALUATION.--The Office of Program

25  Policy Analysis and Government Accountability shall perform a

26  review and evaluation of the grant program and financial

27  incentives and the educational technology pilot program. The

28  report must evaluate the effectiveness of the designation of

29  rural planning areas in promoting economic prosperity and

30  preserving rural character in the state's rural areas. This

31  report may be conducted in conjunction with a review of the

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  1  Urban Infill and Redevelopment Assistance Grant Program. A

  2  report of the findings and recommendations of the Office of

  3  Program Policy Analysis and Government Accountability must be

  4  submitted to the President of the Senate and the Speaker of

  5  the House of Representative before the 2005 Regular Session of

  6  the Legislature.

  7         Section 2.  Paragraph (i) of subsection (1) of section

  8  163.3187, Florida Statutes, is amended to read:

  9         163.3187  Amendment of adopted comprehensive plan.--

10         (1)  Amendments to comprehensive plans adopted pursuant

11  to this part may be made not more than two times during any

12  calendar year, except:

13         (i)  A comprehensive plan amendment for the purpose of

14  designating an urban infill and redevelopment area under s.

15  163.2517 or a Rural Heritage Area or Rural Activity Center

16  under the Florida Rural Heritage Act may be approved without

17  regard to the statutory limits on the frequency of amendments

18  to the comprehensive plan.

19         Section 3.  Subsections (5), (10), (16), (22), (23),

20  and (24) of section 187.201, Florida Statutes, are amended to

21  read:

22         187.201  State Comprehensive Plan adopted.--The

23  Legislature hereby adopts as the State Comprehensive Plan the

24  following specific goals and policies:

25         (5)  HOUSING.--

26         (a)  Goal.--The public and private sectors shall

27  increase the affordability and availability of housing for

28  low-income and moderate-income persons, including citizens in

29  rural areas, while at the same time encouraging

30  self-sufficiency of the individual and assuring environmental

31  and structural quality and cost-effective operations.

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  1         (b)  Policies.--

  2         1.  Eliminate public policies which result in housing

  3  discrimination, and develop policies which encourage housing

  4  opportunities for all Florida's citizens.

  5         2.  Diminish the use of institutions to house persons

  6  by promoting deinstitutionalization to the maximum extent

  7  possible.

  8         3.  Increase the supply of safe, affordable, and

  9  sanitary housing for low-income and moderate-income persons

10  and elderly persons by alleviating housing shortages,

11  recycling older houses and redeveloping residential

12  neighborhoods, identifying housing needs, providing incentives

13  to the private sector to build affordable housing, encouraging

14  public-private partnerships to maximize the creation of

15  affordable housing, and encouraging research into low-cost

16  housing construction techniques, considering life-cycle

17  operating costs.

18         4.  Reduce the cost of housing construction by

19  eliminating unnecessary regulatory practices which add to the

20  cost of housing.

21         5.  Provide incentives and encourage research to

22  increase the supply of safe, affordable, and sanitary housing

23  for low, very low, and moderate income residents of rural

24  areas, as defined in s. 420.602. Such incentives and research

25  must take into account the importance of development that

26  preserves the rural character of the area, and seek to

27  mitigate the increased per-unit cost of small housing projects

28  appropriate to rural areas over the per-unit cost for larger

29  developments.

30         (10)  NATURAL SYSTEMS AND RECREATIONAL LANDS.--

31

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  1         (a)  Goal.--Florida shall protect and acquire unique

  2  natural habitats and ecological systems, such as wetlands,

  3  tropical hardwood hammocks, palm hammocks, and virgin longleaf

  4  pine forests, and restore degraded natural systems to a

  5  functional condition.

  6         (b)  Policies.--

  7         1.  Conserve forests, wetlands, fish, marine life, and

  8  wildlife to maintain their environmental, economic, aesthetic,

  9  and recreational values.

10         2.  Acquire, retain, manage, and inventory public lands

11  to provide recreation, conservation, and related public

12  benefits.

13         3.  Prohibit the destruction of endangered species and

14  protect their habitats.

15         4.  Establish an integrated regulatory program to

16  assure the survival of endangered and threatened species

17  within the state.

18         5.  Promote the use of agricultural practices which are

19  compatible with the protection of wildlife and natural

20  systems.

21         6.  Encourage multiple use of forest resources, where

22  appropriate, to provide for timber production, recreation,

23  wildlife habitat, watershed protection, erosion control, and

24  maintenance of water quality.

25         7.  Protect and restore the ecological functions of

26  wetlands systems to ensure their long-term environmental,

27  economic, and recreational value.

28         8.  Promote restoration of the Everglades system and of

29  the hydrological and ecological functions of degraded or

30  substantially disrupted surface waters.

31

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  1         9.  Develop and implement a comprehensive planning,

  2  management, and acquisition program to ensure the integrity of

  3  Florida's river systems.

  4         10.  Emphasize the acquisition and maintenance of

  5  ecologically intact systems in all land and water planning,

  6  management, and regulation.

  7         11.  Expand state and local efforts to provide

  8  recreational opportunities to urban areas, including the

  9  development of activity-based parks.

10         12.  Protect and expand park systems throughout the

11  state.

12         13.  Encourage the use of public and private financial

13  and other resources for the development of recreational and

14  nature-based tourism opportunities at the state and local

15  levels when consistent with natural-system conservation

16  principles and practices.

17         (16)  LAND USE.--

18         (a)  Goal.--In recognition of the importance of

19  preserving the natural resources and enhancing the quality of

20  life of the state, development shall be directed to those

21  areas which have in place, or have agreements to provide, the

22  land and water resources, fiscal abilities, and service

23  capacity to accommodate growth in an environmentally

24  acceptable manner.

25         (b)  Policies.--

26         1.  Promote state programs, investments, and

27  development and redevelopment activities which encourage

28  efficient development and occur in areas which will have the

29  capacity to service new population and commerce.

30         2.  Develop a system of incentives and disincentives

31  which encourages a separation of urban and rural land uses

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  1  while protecting water supplies, resource development, and

  2  fish and wildlife habitats.

  3         3.  Enhance the livability and character of urban areas

  4  through the encouragement of an attractive and functional mix

  5  of living, working, shopping, and recreational activities.

  6         4.  Recognize the interwoven nature of the

  7  relationships among rural communities, agricultural lands,

  8  open space lands, urban centers, regions, and the state, and

  9  the importance of fiscally and culturally strong rural

10  communities to state and regional economies and resources.

11  Promote state and local programs that foster integrated and

12  coordinated community-planning efforts. Pursue land use,

13  educational, recreational, economic, transportation, housing,

14  information technology, and social service delivery

15  initiatives in the context of community planning goals.

16         5.4.  Develop a system of intergovernmental negotiation

17  for siting locally unpopular public and private land uses

18  which considers the area of population served, the impact on

19  land development patterns or important natural resources, and

20  the cost-effectiveness of service delivery.

21         6.5.  Encourage and assist local governments in

22  establishing comprehensive impact-review procedures to

23  evaluate the effects of significant development activities in

24  their jurisdictions.

25         7.6.  Consider, in land use planning and regulation,

26  the impact of land use on water quality and quantity; the

27  availability of land, water, and other natural resources to

28  meet demands; and the potential for flooding.

29         8.7.  Provide educational programs and research to meet

30  state, regional, and local planning and growth-management

31  needs.

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  1         (22)  THE ECONOMY.--

  2         (a)  Goal.--Florida shall promote an economic climate

  3  which provides economic stability, maximizes job

  4  opportunities, and increases per capita income for its

  5  residents.

  6         (b)  Policies.--

  7         1.  Attract new job-producing industries, corporate

  8  headquarters, distribution and service centers, regional

  9  offices, and research and development facilities to provide

10  quality employment for the residents of Florida.

11         2.  Promote entrepreneurship and small and

12  minority-owned business startup by providing technical and

13  information resources, facilitating capital formation, and

14  removing regulatory restraints which are unnecessary for the

15  protection of consumers and society.

16         3.  Maintain, as one of the state's primary economic

17  assets, the environment, including clean air and water,

18  beaches, forests, historic landmarks, and agricultural and

19  natural resources, and support rural communities in developing

20  nature-and-heritage-based tourism enterprises consistent with

21  conservation of these natural resources in order to provide

22  economic benefit to those living in closest proximity to those

23  assets.

24         4.  Strengthen Florida's position in the world economy

25  through attracting foreign investment and promoting

26  international banking and trade.

27         5.  Build on the state's attractiveness to make it a

28  leader in the visual and performing arts and in all phases of

29  film, television, and recording production.

30

31

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  1         6.  Promote economic development for Florida residents

  2  through partnerships among education, business, industry,

  3  agriculture, and the arts.

  4         7.  Provide increased opportunities for training

  5  Florida's workforce to provide skilled employees for new and

  6  expanding business.

  7         8.  Promote economic self-sufficiency through training

  8  and educational programs which result in productive

  9  employment.

10         9.  Promote cooperative employment arrangements between

11  private employers and public sector employment efforts to

12  provide productive, permanent employment opportunities for

13  public assistance recipients through provisions of education

14  opportunities, tax incentives, and employment training.

15         10.  Provide for nondiscriminatory employment

16  opportunities.

17         11.  Provide quality child day care for public

18  assistance families and others who need it in order to work.

19         12.  Encourage the development of a business climate

20  that provides opportunities for the growth and expansion of

21  existing state industries, particularly those industries which

22  are compatible with Florida's environment.

23         13.  Promote coordination among Florida's ports to

24  increase their utilization.

25         14.  Encourage the full utilization by businesses of

26  the economic development enhancement programs implemented by

27  the Legislature for the purpose of extensively involving

28  private businesses in the development and expansion of

29  permanent job opportunities, especially for the economically

30  disadvantaged, through the utilization of enterprise zones,

31

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  1  community development corporations, and other programs

  2  designed to enhance economic and employment opportunities.

  3         (23)  AGRICULTURE.--

  4         (a)  Goal.--Florida shall maintain and strive to expand

  5  its food, agriculture, ornamental horticulture, aquaculture,

  6  forestry, and related industries in order to be a healthy and

  7  competitive force in the national and international

  8  marketplace.

  9         (b)  Policies.--

10         1.  Ensure that goals and policies contained in state

11  and regional plans are not interpreted to permanently restrict

12  the conversion of agricultural lands to other uses, while

13  creating and providing economically viable options for those

14  landowners who wish their lands to remain in agricultural

15  uses.

16         2.  Encourage diversification within the agriculture

17  industry, especially to reduce the vulnerability of

18  communities that are largely reliant upon agriculture for

19  either income or employment.

20         3.  Promote and increase international agricultural

21  marketing opportunities for all Florida agricultural

22  producers.

23         4.  Stimulate research, development, and application of

24  agricultural technology to promote and enhance the

25  conservation, production, and marketing techniques available

26  to the agriculture industry.

27         5.  Encourage conservation, wastewater recycling, and

28  other appropriate measures to assure adequate water resources

29  to meet agricultural and other beneficial needs.

30         6.  Promote entrepreneurship in the agricultural sector

31  by providing technical and informational services.

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  1         7.  Stimulate continued productivity through investment

  2  in education and research.

  3         8.  Encourage development of biological pest controls

  4  to further the reduction in reliance on chemical controls.

  5         9.  Conserve soil resources to maintain the economic

  6  value of land for agricultural pursuits and to prevent

  7  sedimentation in state waters.

  8         10.  Promote the vitality of Florida's agricultural

  9  industry through continued funding of basic research,

10  extension, inspection, and analysis services and of programs

11  providing for marketing and technical assistance and the

12  control and eradication of diseases and infestations.

13         11.  Continue to promote the use of lands for

14  agricultural purposes by maintaining preferential property tax

15  treatment through the greenbelt law.

16         12.  Ensure that coordinated state planning of road,

17  rail, and waterborne transportation systems provides adequate

18  facilities for the economical transport of agricultural

19  products and supplies between producing areas and markets.

20         13.  Eliminate the discharge of inadequately treated

21  wastewater and stormwater runoff into waters of the state.

22         (24)  TOURISM.--

23         (a)  Goal.--Florida will attract at least 55 million

24  tourists annually by 1995 and shall support efforts by all

25  areas of the state wishing to develop or expand

26  tourist-related economies.

27         (b)  Policies.--

28         1.  Promote statewide tourism and support promotional

29  efforts in those parts of the state that desire to attract

30  visitors.

31

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  1         2.  Acquire and manage public lands to offer visitors

  2  and residents increased outdoor experiences.

  3         3.  Promote awareness of historic places and cultural

  4  and historical activities.

  5         4.  Develop a nature-and-heritage-based tourism

  6  industry that meets growing public demand, protects the

  7  state's natural and cultural resources, and contributes to

  8  economic prosperity, especially in the state's rural

  9  communities.

10         Section 4.  Paragraph (b) of subsection (2) of section

11  212.096, Florida Statutes, is amended to read:

12         212.096  Sales, rental, storage, use tax; enterprise

13  zone jobs credit against sales tax.--

14         (2)

15         (b)  The credit shall be computed as follows:

16         1.  Ten percent of the monthly wages paid in this state

17  to each new employee whose wages do not exceed $1,500 a month.

18  If no less than 20 percent of the employees of the business

19  are residents of an enterprise zone, excluding temporary and

20  part-time employees, the credit shall be computed as 15

21  percent of the monthly wages paid in this state to each new

22  employee. If the business is located in an enterprise zone

23  within the jurisdiction of a rural county or city as defined

24  in s. 288.106, the credit must be computed as 15 percent of

25  the actual monthly wages paid in this state to each new

26  employee for a period of up to 12 consecutive months,

27  regardless of the percentage of employees of the business

28  residing in the enterprise zone, provided that the employees

29  are residents of the county within which the rural enterprise

30  zone is located;

31

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  1         2.  Five percent of the first $1,500 of actual monthly

  2  wages paid in this state for each new employee whose wages

  3  exceed $1,500 a month; or

  4         3.  Fifteen percent of the first $1,500 of actual

  5  monthly wages paid in this state for each new employee who is

  6  a WAGES Program participant pursuant to chapter 414.

  7

  8  For purposes of this paragraph, monthly wages shall be

  9  computed as one-twelfth of the expected annual wages paid to

10  such employee. The amount paid as wages to a new employee is

11  the compensation paid to such employee that is subject to

12  unemployment tax. The credit shall be allowed for up to 12

13  consecutive months, beginning with the first tax return due

14  pursuant to s. 212.11 after approval by the department.

15         Section 5.  Paragraph (a) of subsection (1) of section

16  220.181, Florida Statutes, is amended to read:

17         220.181  Enterprise zone jobs credit.--

18         (1)(a)  Beginning July 1, 1995, there shall be allowed

19  a credit against the tax imposed by this chapter to any

20  business located in an enterprise zone which employs one or

21  more new employees. The credit shall be computed as follows:

22         1.  Ten percent of the actual monthly wages paid in

23  this state to each new employee whose wages do not exceed

24  $1,500 a month. If no less than 20 percent of the employees of

25  the business are residents of an enterprise zone, excluding

26  temporary and part-time employees, the credit shall be

27  computed as 15 percent of the actual monthly wages paid in

28  this state to each new employee, for a period of up to 12

29  consecutive months. If the business is located in an

30  enterprise zone within the jurisdiction of a rural county or

31  city as defined in s. 288.106, the credit must be computed as

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  1  15 percent of the actual monthly wages paid in this state to

  2  each new employee, for a period of up to 12 consecutive

  3  months, regardless of the percentage of employees of the

  4  business residing in the enterprise zone, provided the

  5  employees are residents of the county within which the rural

  6  enterprise zone is located;

  7         2.  Five percent of the first $1,500 of actual monthly

  8  wages paid in this state for each new employee whose wages

  9  exceed $1,500 a month; or

10         3.  Fifteen percent of the first $1,500 of actual

11  monthly wages paid in this state for each new employee who is

12  a welfare transition program participant.

13         Section 6.  Subsection (4) of section 290.0055, Florida

14  Statutes, is amended to read:

15         290.0055  Local nominating procedure.--

16         (4)  An area nominated by a county or municipality, or

17  a county and one or more municipalities together, for

18  designation as an enterprise zone shall be eligible for

19  designation under s. 290.0065 only if it meets the following

20  criteria:

21         (a)  The selected area does not exceed 20 square miles.

22  The selected area must have a continuous boundary, or consist

23  of not more than three noncontiguous parcels.

24         (b)1.  The selected area does not exceed the following

25  mileage limitation:

26         2.  For communities having a total population of

27  150,000 persons or more, the selected area shall not exceed 20

28  square miles.

29         3.  For communities having a total population of 50,000

30  persons or more but less than 150,000 persons, the selected

31  area shall not exceed 10 square miles.

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  1         4.  For communities having a total population of 20,000

  2  persons or more but less than 50,000 persons, the selected

  3  area shall not exceed 5 square miles.

  4         5.  For communities having a total population of 7,500

  5  persons or more but less than 20,000 persons, the selected

  6  area shall not exceed 3 square miles.

  7         6.  For communities having a total population of less

  8  than 7,500 persons, the selected area shall not exceed 3

  9  square miles.

10         7.  For communities within the jurisdiction of a rural

11  county or city as defined in s. 288.106, the selected area

12  must not exceed 15 square miles, regardless of total

13  population.

14         (c)  The selected area does not include any portion of

15  a central business district, as that term is used for purposes

16  of the most recent Census of Retail Trade, unless the poverty

17  rate for each census geographic block group in the district is

18  not less than 30 percent. This paragraph does not apply to any

19  area nominated in a county that has a population which is less

20  than 50,000.

21         (d)  The selected area suffers from pervasive poverty,

22  unemployment, and general distress, as described and measured

23  pursuant to s. 290.0058.

24         Section 7.  Section 420.507, Florida Statutes, is

25  amended to read:

26         420.507  Powers of the corporation.--The corporation

27  shall have all the powers necessary or convenient to carry out

28  and effectuate the purposes and provisions of this part,

29  including the following powers which are in addition to all

30  other powers granted by other provisions of this part:

31

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  1         (1)  To sue and be sued, to have a seal, to alter the

  2  same at pleasure and to authorize the use of a facsimile

  3  thereof, and to make and execute contracts and other

  4  instruments necessary or convenient to the exercise of the

  5  powers of the corporation.

  6         (2)  To undertake and carry out studies and analyses of

  7  housing needs within the state and ways of meeting those

  8  needs.

  9         (3)  To participate in federal housing assistance and

10  federal community development, insurance, and guarantee

11  programs and to agree and comply with any conditions attached

12  to federal financial assistance, including, without

13  limitation, the waiver of exemption from federal income

14  taxation on interest payable on its bonds, unless expressly

15  prohibited by this act.

16         (4)  To provide for the collection and payment of fees

17  and charges, regardless of method of payment, in connection

18  with its loans, commitments, and servicing, including, but not

19  limited to, reimbursement of costs of financing by the

20  corporation, service charges and insurance premiums as the

21  corporation shall determine to be reasonable and as shall be

22  approved by the corporation.  The fees and charges may be paid

23  directly by the borrower to the insurer, lender, or servicing

24  agent or may be deducted from the interest collected by such

25  insurer, lender, or servicing agent.

26         (5)  To acquire real and personal property or any

27  interest therein when such acquisition is necessary or

28  appropriate to protect any loan or to participate in any

29  program in which the corporation has an interest; to sell,

30  transfer, and convey any such property to a buyer without

31  regard to the provisions of chapters 253 and 270; and, in the

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  1  event that such sale, transfer, or conveyance cannot be

  2  effected with reasonable promptness or at a reasonable price,

  3  to lease such property for occupancy.

  4         (6)  To borrow money through the issuance of bonds or

  5  from the Federal Home Loan Bank or Rural Housing Services of

  6  the United States Department of Agriculture for the purposes

  7  provided in this part, to provide for and secure the payment

  8  thereof, and to provide for the rights of the holders thereof.

  9         (7)  To purchase bonds of the corporation out of any

10  funds or moneys of the corporation available therefor and to

11  hold, cancel, or resell such bonds.

12         (8)  To invest any funds held in reserves or sinking

13  funds, or any funds not required for immediate disbursement,

14  in such investments as may be authorized for trust funds under

15  s. 215.47 and in any authorized investments, provided such

16  investments will be made on behalf of the corporation by the

17  State Board of Administration or by another trustee appointed

18  for that purpose.

19         (9)  To set standards for residential housing financed

20  by the corporation under this chapter and to provide for

21  inspections to determine compliance with those standards.

22         (10)  To contract for and to accept gifts, grants,

23  loans, or other aid from the United States Government or any

24  person or corporation.

25         (11)  To insure and procure insurance against any loss

26  in connection with any bonds of the corporation and the

27  corporation's operations or property, including without

28  limitation:

29         (a)  The repayment of any loans to mortgage lenders or

30  mortgage loans.

31         (b)  Any project.

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  1         (c)  Any bonds of the corporation, in such amounts and

  2  from such insurers, including the Federal Government, as it

  3  may deem necessary or desirable, and to pay any premiums

  4  therefor.

  5         (12)  To make rules necessary to carry out the purposes

  6  of this part and to exercise any power granted in this part

  7  pursuant to the provisions of chapter 120.

  8         (13)  To adopt rules necessary to carry out the

  9  purposes of the state's rural policy under the Florida Rural

10  Heritage Act.

11         (14)(13)  To engage the services of private consultants

12  on a contract basis for rendering professional and technical

13  assistance and advice.

14         (15)(14)  To make additional conditions respecting the

15  grant of loans or mortgage loans pursuant to this part,

16  including, without limitation, the regulation of eligible

17  persons and the admission of tenants and other occupants or

18  users of projects and residential housing, and to enter into

19  regulatory and other agreements and contracts under the

20  provisions of this part.

21         (16)(15)  To institute any action or proceeding against

22  any eligible person or sponsor receiving a loan or owning any

23  residential housing financed under the provisions of this part

24  in any court of competent jurisdiction to enforce the

25  provisions of this part or the terms and provisions of any

26  agreement or contract between the corporation and such person

27  and, in connection with any such action or proceeding, to

28  apply for and accept the appointment, by a court of competent

29  jurisdiction, of a receiver to take over, manage, operate, and

30  maintain such residential housing.

31

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  1         (17)(16)  To procure or require the procurement of a

  2  policy or policies of group life insurance or disability

  3  insurance, or both, to insure repayment of mortgage loans for

  4  residential housing in the event of the death or disability of

  5  the eligible person or persons liable therefor, and to pay any

  6  premiums therefor.

  7         (18)(17)  To renegotiate any mortgage loan or any

  8  purchase agreement with a borrower in default; to waive any

  9  default or consent to the modification of the terms of any

10  mortgage loan or any purchase agreement; and to commence,

11  prosecute, and enforce a judgment in any action or proceeding

12  to protect or enforce any right conferred upon it by law,

13  mortgage loan, loan agreement or purchase agreement, contract,

14  or other agreement, including without limitation foreclosure

15  of the security interest on the property securing such a

16  mortgage loan; provided that any such action or proceeding

17  shall be brought in the name of the entity servicing the

18  mortgage loan on behalf of the corporation and not in the name

19  of the corporation, and in connection with any such

20  proceeding, to bid for and purchase the property or acquire or

21  take possession thereof and, in such event, complete,

22  administer, pay the principal of and interest on any

23  obligations incurred in connection with the property and

24  dispose of and otherwise deal with the property in such manner

25  as the corporation may deem advisable to protect its interests

26  therein.

27         (19)(18)  To make and execute contracts for the

28  administration, servicing, or collection of any mortgage loan

29  or loan agreement or purchase agreement with a mortgage lender

30  or servicing agent for the duration of the loan or agreement

31  and pay the reasonable value of services rendered to the

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  1  corporation pursuant to such contracts.  The fees and charges

  2  for such services may be paid directly by the borrower to the

  3  lender or servicing agent or may be deducted from the interest

  4  collected by such lender or servicing agent.

  5         (20)(19)  To fix, revise from time to time, charge, and

  6  collect fees and other charges in connection with the making

  7  of mortgage loans, the purchasing of mortgage loans, and any

  8  other services rendered by the corporation.

  9         (21)(20)  To make and execute agreements, contracts,

10  and other instruments necessary or convenient in the exercise

11  of the powers and functions of the corporation under this

12  part, including contracts with any person, firm, corporation,

13  local government, or other entity; and all local governments

14  established under the laws of the state are hereby authorized

15  to enter into and do all things necessary to perform such

16  contracts and otherwise cooperate with the corporation to

17  facilitate the accomplishment of the purposes of this part.

18         (22)(21)  Review all reverse mortgage provisions

19  proposed to be used by an individual lender or a consortium to

20  determine that such provisions are consistent with the

21  purposes and intent of this act.  If the corporation finds

22  that the provisions are consistent, it shall approve those

23  provisions. If the corporation finds that the provisions are

24  inconsistent, it shall state its objections and give the

25  parties an opportunity to amend the provisions to overcome

26  such objections.  In approving these provisions, the

27  corporation must determine:

28         (a)  That the mortgagee is either licensed pursuant to

29  ss. 494.006-494.0077 or specifically exempt from ss.

30  494.006-494.0077.

31

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  1         (b)  That the mortgagee has sufficient resources to

  2  finance such mortgages.

  3         (23)(22)  To develop and administer the State Apartment

  4  Incentive Loan Program. In developing and administering that

  5  program, the corporation may:

  6         (a)  Make first, second, and other subordinated

  7  mortgage loans including variable or fixed rate loans subject

  8  to contingent interest.  The corporation shall make loans

  9  exceeding 25 percent of project cost available only to

10  nonprofit organizations and public bodies which are able to

11  secure grants, donations of land, or contributions from other

12  sources and to projects meeting the criteria of subparagraph

13  1. Mortgage loans shall be made available at the following

14  rates of interest:

15         1.  Zero to 3 percent interest for sponsors of projects

16  that maintain an 80 percent occupancy of residents qualifying

17  as farmworkers as defined in s. 420.306(7) over the life of

18  the loan.

19         2.  Three to 9 percent interest for sponsors of

20  projects targeted at populations other than farmworkers.

21         (b)  Geographically and demographically target the

22  utilization of loans.

23         (c)  Underwrite credit, and reject projects which do

24  not meet the established standards of the corporation.

25         (d)  Negotiate with governing bodies within the state

26  after a loan has been awarded to obtain local government

27  contributions.

28         (e)  Inspect any records of a sponsor at any time

29  during the life of the loan or the agreed period for

30  maintaining the provisions of s. 420.5087.

31

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  1         (f)  Establish, by rule, the procedure for evaluating,

  2  scoring, and competitively ranking all applications based on

  3  the criteria set forth in s. 420.5087(6)(c); determining

  4  actual loan amounts; making and servicing loans; and

  5  exercising the powers authorized in this subsection.

  6         (g)  Establish a loan loss insurance reserve to be used

  7  to protect the outstanding program investment in case of a

  8  default, deed in lieu of foreclosure, or foreclosure of a

  9  program loan.

10         (24)(23)  To develop and administer the Florida

11  Homeownership Assistance Program.  In developing and

12  administering the program, the corporation may:

13         (a)1.  Make subordinated loans to eligible borrowers

14  for down payments or closing costs related to the purchase of

15  the borrower's primary residence.

16         2.  Make permanent loans to eligible borrowers related

17  to the purchase of the borrower's primary residence.

18         3.  Make subordinated loans to nonprofit sponsors or

19  developers of housing for construction financing of housing to

20  be offered for sale to eligible borrowers as a primary

21  residence at an affordable price.

22         (b)  Establish a loan loss insurance reserve to

23  supplement existing sources of mortgage insurance with

24  appropriated funds.

25         (c)  Geographically and demographically target the

26  utilization of loans.

27         (d)  Defer repayment of loans for the term of the first

28  mortgage.

29         (e)  Establish flexible terms for loans with an

30  interest rate not to exceed 3 percent per annum and which are

31  nonamortizing for the term of the first mortgage.

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  1         (f)  Require repayment of loans upon sale, transfer,

  2  refinancing, or rental of secured property.

  3         (g)  Accelerate a loan for monetary default, for

  4  failure to provide the benefits of the loans to eligible

  5  borrowers, or for violation of any other restriction placed

  6  upon the loan.

  7         (h)  Adopt rules for the program and exercise the

  8  powers authorized in this subsection.

  9         (25)(24)  To do any and all things necessary or

10  convenient to carry out the purposes of, and exercise the

11  powers given and granted in, this part and the state rural

12  policy under the Florida Rural Heritage Act.

13         (26)(25)  To develop and administer the Florida

14  Affordable Housing Guarantee Program.  In developing and

15  administering the program, the corporation may:

16         (a)  Develop criteria for determining the priority for

17  expending the moneys in the State Housing Trust Fund.

18         (b)  Select affordable housing debt to be guaranteed or

19  additionally secured by amounts on deposit in the Affordable

20  Housing Guarantee Fund.

21         (c)  Adopt rules for the program and exercise the

22  powers authorized in this subsection.

23         (27)(26)  To develop and administer the Predevelopment

24  Loan Program. In developing and administering the program, the

25  corporation may make loans and grants as provided in ss.

26  420.521-420.529.

27         (28)(27)  Notwithstanding the provisions of chapter 282

28  and part I of chapter 287, to establish guidelines for and to

29  implement the purchase and procurement of materials and

30  services for use by the corporation.

31

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  1         (29)(28)  To expend amounts advanced from the State

  2  Housing Trust Fund for the purposes of this part.

  3         (30)(29)  To own real and personal property for the

  4  purposes of this part, to mortgage such property, and to sell

  5  the property without regard to the provisions of chapters 253

  6  and 270.

  7         (31)(30)  To prepare and submit to the secretary of the

  8  department a budget request for purposes of the corporation,

  9  which request shall, notwithstanding the provisions of chapter

10  216 and in accordance with s. 216.351, contain a request for

11  operational expenditures and separate requests for other

12  authorized corporation programs. The request shall not be

13  required to contain information on the number of employees,

14  salaries, or any classification thereof, and the approved

15  operating budget therefor need not comply with s.

16  216.181(8)-(10). The secretary is authorized to include within

17  the department's budget request the corporation's budget

18  request in the form as authorized by this section.

19         (32)(31)  Notwithstanding the provisions of s. 216.301,

20  to retain any unused operational expenditure appropriation for

21  other lawful purposes of the corporation.

22         (33)(32)  To pay pensions and establish pension plans,

23  pension trusts, and benefit and incentive plans for any and

24  all of its current or former employees and agents.

25         (34)(33)  To receive federal funding in connection with

26  the corporation's programs directly from the Federal

27  Government.

28         (35)(34)  To establish the corporation's fiscal year.

29         (36)(35)  To preclude from further participation in any

30  of the corporation's programs, for a period of up to 2 years,

31  any applicant or affiliate of an applicant which has made a

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  1  material misrepresentation or engaged in fraudulent actions in

  2  connection with any application for a corporation program.

  3         (37)(36)  To provide for the development of

  4  infrastructure improvements and rehabilitation primarily in

  5  connection with residential housing consistent with the

  6  applicable local government comprehensive plan.

  7         (38)(37)  To provide by rule, in connection with any

  8  corporation competitive program, for the reservation of future

  9  allocation or funding to provide a remedy for a litigant which

10  is ultimately successful in its litigation regarding a

11  competitive application, and to establish a date certain by

12  which, if litigation is not resolved, the successful litigant

13  will be funded from a subsequent year's available allocation

14  or funding.

15         (39)(38)  To designate private activity allocation for

16  tax-exempt bonds received by the corporation pursuant to part

17  VI of chapter 159 between single-family and multifamily

18  projects.

19         Section 8.  The implementation of subsections (7) and

20  (10) of section 1 of this act is subject to specific

21  appropriations or the availability of funds from the agency

22  designated as responsible for implementing those subsections.

23         Section 9.  This act shall take effect July 1, 2001.

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1826

  3

  4  The committee substitute:

  5        Defers the implementation date of the
          Nature-and-Heritage-Based Micro-loan Program by
  6        requiring the statewide Eco/Heritage Tourism Advisory
          Committee of VISIT FLORIDA to work with Enterprise
  7        Florida, Inc., the Office of Tourism, Trade, and
          Economic Development, VISIT FLORIDA, the Rural Economic
  8        Development Initiative, the Florida Fish and Wildlife
          Conservation Commission, the Division of Recreation and
  9        Parks, and other appropriate entities to develop a
          micro-loan program and in a report due November 1, 2001,
10        make recommendations to the Legislature for the
          program's implementation.
11
          Requires the State Technology Office in consultation
12        with the departments of Education, Health, and Community
          Affairs, the State Library, local governments, regional
13        consortium service organizations, and institutions of
          higher education, to develop recommendations regarding
14        the establishment of two pilot projects in rural
          communities that utilize wireless or other technologies.
15        The State Technology Office must report its
          recommendations to the Governor, the President of the
16        Senate, and the Speaker of the House of Representatives
          by November 1, 2001. Recommendations will address the
17        implementation and funding of the pilot programs. These
          provisions replace similar provisions in the bill
18        requiring the Department of Management Services to
          develop educational technology pilot projects.
19
          Changes the number of pilot projects from four to three
20        that are required by the Department of Agriculture and
          Consumer Services. The three pilot projects are to
21        encourage agricultural diversification throughout the
          state.
22
          Removes all appropriations from the bill and provides
23        that the implementation of the Rural Heritage Grant
          Program in the Department of Community Affairs and the
24        agricultural diversification pilot projects are subject
          to specific appropriations or the availability of funds
25        from the agency.

26

27

28

29

30

31

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