Senate Bill sb1804

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    Florida Senate - 2002                                  SB 1804

    By Senator Mitchell





    4-1491-02                                           See HB 789

  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         be administered by the Department of Community

13         Affairs, to assist local governments in

14         adopting Rural Heritage Areas; providing for

15         priority of funding; requiring the Department

16         of Community Affairs to adopt rules; providing

17         for development of a micro-loan program for

18         nature-based tourism and heritage tourism

19         businesses; providing for wireless

20         community-based network technology pilot

21         programs to be established by the State

22         Technology Office; providing for pilot projects

23         to be developed by the Department of

24         Agriculture and Consumer Services to encourage

25         diversification of agricultural products and

26         marketing; providing for review and evaluation

27         by the Office of Program Policy Analysis and

28         Government Accountability; amending s.

29         163.3187, F.S.; providing conditions for

30         adoption of local comprehensive plan amendments

31         for Rural Heritage Areas or Rural Activity

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1         Centers; amending s. 187.201, F.S.; modifying

  2         goals of the State Comprehensive Plan to

  3         include housing for specified persons in rural

  4         areas and development of nature-based tourism;

  5         providing a policy of fostering integrated and

  6         coordinated community-based planning efforts;

  7         providing support for rural communities in

  8         developing nature-based tourism and heritage

  9         tourism enterprises; providing support for

10         landowners who wish their lands to remain in

11         agricultural use; amending s. 290.0055, F.S.;

12         providing a condition for designating

13         communities within the jurisdiction of a rural

14         local government as an enterprise zone;

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

16         the Florida Housing Finance Corporation;

17         amending ss. 420.5087, 420.5088, F.S.;

18         conforming cross-references; providing that

19         specified provisions are subject to

20         appropriation or the availability of agency

21         funds; providing an effective date.

22

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

24

25         Section 1.  Florida Rural Heritage Act.--

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

27  "Florida Rural Heritage Act."

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

29         (a)  Fiscally and culturally strong rural communities

30  are beneficial to regional and state economies and resources,

31  are a method for reduction of future urban sprawl, encourage

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  compact, efficient urban growth patterns, and should be

  2  promoted by state, regional, and local governments.

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

  4  benefit their respective regions and the state; conversely,

  5  the deterioration of those rural areas negatively impacts the

  6  surrounding areas and the state.

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

  8  relationships among rural communities, agricultural lands,

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

10  respective governments should establish a framework and work

11  in partnership with communities and the private sector to

12  revitalize rural areas.

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

14  regional agencies, local governments, and the private sector

15  in creating economic prosperity and preserving the unique

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

17  should encourage and assist local governments in addressing

18  issues including adequate provision of infrastructure,

19  affordable housing, human services, safe neighborhoods,

20  agricultural profitability, educational facilities, sound land

21  uses, health care, and economic diversification and

22  development to sustain rural communities into the future.

23         (e)  Successfully revitalizing and sustaining rural

24  areas depends on addressing, through an integrated and

25  coordinated community effort, a range of varied components

26  essential to a healthy rural environment, including cultural,

27  educational, recreational, economic, transportation, land use,

28  information technology, and social service delivery

29  components.

30         (f)  Identification of rural activity centers and of

31  strategies to promote economic prosperity while protecting

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  rural character are recognized as important components and

  2  useful mechanisms to promote and sustain rural areas. State

  3  and regional entities and local governments should provide

  4  incentives to promote community-based processes to identify

  5  such centers and strategies. Existing programs and incentives

  6  should be integrated to the extent possible to promote sound

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

  8  policy.

  9         (g)  Full funding for rural transportation and water

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

11  information technology is an important investment by the state

12  in the overall health of its rural communities and is an

13  integral component of a state rural policy.

14         (h)  Many rural local governments are hindered by

15  limited staff and capacity in their efforts to secure

16  available resources. A state rural policy should assist local

17  governments in identifying and accessing needed resources for

18  which they are eligible and should promote creative ways to

19  maximize the efficiency of rural local governments' existing

20  staff and other resources.

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

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

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

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

25  rural policy should assist state agencies and local

26  governments in creating and marketing tools for increasing the

27  profitability of agricultural land uses and other incentives

28  for conserving the state's agricultural lands.

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

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

31  their vacations, a state rural policy should encourage the

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  development of a nature-based tourism and heritage tourism

  2  industry that meets this growing public demand, protects the

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

  4  economic prosperity, especially in the state's rural

  5  communities.

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

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

  8  municipality.

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

10         1.  Designated by a local government or by local

11  governments through interlocal agreement.

12         2.  Located within a Rural Heritage Area.

13         3.  In which public services, including water services,

14  transportation infrastructure, schools, and recreation, are

15  already available or are scheduled to be provided in an

16  adopted 5-year schedule of capital improvements, and which

17  have historically served as commercial business centers or

18  sites of public buildings for surrounding rural residents.

19

20  The Rural Activity Center may consist of or include state

21  community redevelopment areas, brownfields, enterprise zones,

22  or Mainstreet programs, federal Empowerment Zones, Enterprise

23  Communities, Champion Communities, or Brownfield Showcase

24  Communities. The Rural Activity Center shall serve and be

25  developed as a "town center," promoting compact, efficient

26  development within the area and allowing lower-density

27  development that retains rural character within the remaining

28  portions of the designated Rural Heritage Area.

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

30         1.  Designated by a local government or by local

31  governments through interlocal agreement.

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1         2.  Within which more than 50 percent of the land is in

  2  agricultural, open space, recreational, or other nondeveloped

  3  use.

  4         3.  That fit the definition of, or fall within an area

  5  that fits the definition of, a rural county, rural

  6  municipality, or rural community as defined in section

  7  288.106, Florida Statutes.

  8

  9  A Rural Heritage Area may comprise a single rural county as

10  defined in section 288.106, Florida Statutes, a multicounty

11  area, or a subcounty area that is rural in nature and meets

12  the land-use, demographic, economic, and definitional criteria

13  set forth in this paragraph. If a subcounty area, a Rural

14  Heritage Area may comprise one or more rural municipalities,

15  as defined in section 288.106, Florida Statutes, and may

16  include unincorporated areas between or surrounding the rural

17  municipalities, provided that all parts of the designated area

18  meet the criteria set forth in this paragraph.

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

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

21  interlocal agreement, may designate a geographic area or areas

22  within the applicable jurisdiction as a Rural Heritage Area

23  for the purpose of convening a community-based holistic

24  planning process to identify community problems and assets,

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

26  strategic plan for implementing asset-based solutions to the

27  problems identified.

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

29  interlocal agreement, may designate a geographic area or areas

30  within the applicable jurisdiction and within a designated

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

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  of targeting economic development, job creation, housing,

  2  transportation and other infrastructure, neighborhood

  3  revitalization and preservation, the promotion of rural land

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

  5  encourage mixed-use development that will revitalize the Rural

  6  Activity Center area as a functioning downtown that can serve

  7  residents of surrounding rural areas.

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

  9  Activity Center does not exempt the local government from the

10  process required under chapter 163, Florida Statutes, for

11  amending the comprehensive plan within the designated area.

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

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

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

15  community-based planning process must be implemented in each

16  proposed Rural Heritage Area. The process must involve

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

18  organizations; neighborhood associations; educational, health

19  care, and religious organizations; area residents, including

20  low-income residents; appropriate local government

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

22  institutions of higher education.

23         (b)  The objective of the community-based planning

24  process is to produce an integrated plan that benefits the

25  community as a whole and to encourage residents within the

26  designated area to participate in the design and

27  implementation of the Rural Heritage Area plan, including the

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

29  optimizing scarce resources. The planning process must be

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

31  economic development including the nature-based tourism and

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  heritage tourism industry, land use, affordable housing,

  2  infrastructure, education, health care, public safety, public

  3  and private financial capacity, information technology,

  4  workforce development, ecological conservation, social equity,

  5  the role of agriculture in the local economy if applicable,

  6  and the role of local government.

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

  8  government may demonstrate that an existing plan or

  9  combination of plans includes the factors listed in paragraph

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

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

12  planning process. If the area constitutes or contains a

13  federally designated Empowerment Zone, Enterprise Community,

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

15  application for that designation shall serve to meet the

16  requirements of the community-based planning process and shall

17  allow the community to apply for implementation grants under

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

19         (d)  A local government seeking to designate a

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

21  that describes means of promoting economic prosperity and

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

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

24  commitment to comprehensively addressing the problems within

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

26  resources that can help accomplish locally identified goals

27  such as improved educational opportunities; economic

28  diversification and development; the future of agricultural

29  land uses in the planning area; provision of infrastructure

30  needs, including information technology infrastructure;

31  prioritizing, pooling, and leveraging scarce resources; and

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




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

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

  3  The plan must also:

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

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

  6  within the designation.

  7         2.  Contain interlocal agreements, as appropriate,

  8  among participating local governments and any regional or

  9  nonprofit organizations which express the entities' commitment

10  to collectively designating the area and to coordinated

11  implementation efforts based on the plan.

12         3.  Identify any existing enterprise zones, community

13  redevelopment areas, community development districts,

14  brownfield areas, downtown redevelopment districts, safe

15  neighborhood improvement districts, historic preservation

16  districts, and empowerment zones located within the area

17  proposed for designation.

18         4.  Identify a memorandum of understanding between the

19  district school board and the local government jurisdiction

20  regarding public school facilities located within the Rural

21  Heritage Area to identify how the school board will enhance

22  public school facilities and programs in the designated area.

23         5.  Explain how projects identified in the plan advance

24  the goals of creating economic prosperity for area residents

25  and of preserving the rural character and heritage of the

26  planning area. Projects may include land acquisition;

27  demolition, construction, or renovation of structures;

28  purchase of conservation easements or development rights on

29  agricultural, conservation, or recreational lands;

30  job-training programs; investments in educational

31  technologies; capacity building through existing or new

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  nonprofit organizations; creation, enhancement, or marketing

  2  of nature-based, agricultural, or heritage tourism or

  3  recreational facilities; or improvement of the delivery of

  4  health care services to rural residents.

  5         6.  Identify the geographic locations for projects

  6  identified through the community-based planning process and

  7  explain how such projects will be implemented.

  8         7.  Identify how the local government intends to

  9  implement and enhance affordable housing programs as defined

10  in section 420.602, Florida Statutes, including economic and

11  community development programs administered by the Department

12  of Community Affairs and the Florida Housing Finance

13  Corporation within the Rural Heritage Area.

14         8.  If applicable, provide guidelines for the adoption

15  of land development regulations specific to the Rural Heritage

16  Area which provide for the use or purchase of conservation

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

18  use of other means available to local governments under

19  section 704.06, Florida Statutes, for the purpose of

20  preserving agricultural lands.

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

22  financial and local government incentives which the local

23  government will offer for new development, expansion or

24  renovation of existing development, and redevelopment within

25  any designated Rural Activity Center. Examples of such

26  incentives include:

27         a.  Waiver of license and permit fees.

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

29  return of property to productive use.

30         c.  Expedited permitting.

31

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1         d.  Prioritization of infrastructure spending within

  2  the Rural Heritage Area and Rural Activity Center.

  3         10.  Identify how activities and incentives within the

  4  Rural Heritage Area or Rural Activity Center will be

  5  coordinated and what administrative mechanism the local

  6  government will use for the coordination and monitoring of

  7  Rural Heritage Area plan implementation.

  8         11.  Provide a list of stakeholders participating in

  9  the community-based planning process, pursuant to paragraph

10  (a).

11         12.  Identify goals, objectives, performance measures,

12  and baseline data on conditions for evaluating the success of

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

14  stakeholders in implementing the Rural Heritage Area plan and

15  in improving economic prosperity and preserving rural

16  character.

17         (e)  The regional planning council covering the

18  geographic location of the Rural Heritage Area, or other

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

20  organizations, may assist the local government in convening

21  the community-based planning process and in preparing the

22  Rural Heritage Area plan, provided that the process and

23  resulting plan meet all other requirements as described in

24  this section.

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

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

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

28  public hearing on the ordinance must be in the form

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

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

31  for counties.

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




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

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

  3  comprehensive land-use plan under section 163.3187, Florida

  4  Statutes, to delineate the Rural Heritage Area within the

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

  6  amendment to the local comprehensive plan to designate a Rural

  7  Heritage Area or Rural Activity Center is exempt from the

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

  9  Statutes.

10         (6)  ECONOMIC INCENTIVES; REPORTS; TECHNICAL

11  ASSISTANCE.--

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

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

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

15  increment financing under section 163.387, Florida Statutes,

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

17  appropriate, particularly within designated Rural Activity

18  Centers.

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

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

21  powers granted under section 163.514, Florida Statutes, for

22  community redevelopment neighborhood improvement districts,

23  including the authority to levy special assessments as

24  appropriate, particularly within designated Rural Activity

25  Centers.

26         (c)  State agencies that provide funding for

27  infrastructure, cost reimbursement, grants, or loans to local

28  governments, including the Department of Environmental

29  Protection (Clean Water State Revolving Fund, Drinking Water

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

31  Control Bond Program), the Department of Community Affairs

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  (Economic Development and Housing Program and Florida

  2  Communities Trust), the Florida Housing Finance Corporation,

  3  and the Department of Transportation, shall report to the

  4  President of the Senate and the Speaker of the House of

  5  Representatives by January 1, 2003, regarding statutory and

  6  rule changes necessary to give Rural Heritage Areas identified

  7  by local governments that have completed the community-based

  8  planning process an elevated priority in infrastructure

  9  funding, loan, and grant programs.

10         (d)  State agencies that provide funding to local

11  governments shall identify grant programs for which local

12  government cash match requirements will be waived or replaced

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

14  permanent resource development staff position within the local

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

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

17  government applicants that have successfully completed the

18  Rural Heritage Area grant program community-based planning

19  process. Agencies shall report to the President of the Senate

20  and the Speaker of the House of Representatives by September

21  1, 2002, on programs identified, statutory or rule changes

22  needed, and cost of implementation.

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

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

25  with state agencies and other organizations that provide

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

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

28  semiannually to every rural county and city government as

29  defined in section 288.106, Florida Statutes, the Rural

30  Resource Directory, which describes resources, including

31  federal resources, that are available to rural local

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  governments and how to access them. The publication must

  2  include statutory provisions that enable local governments to

  3  raise or direct revenues toward the goals of promoting

  4  economic prosperity while preserving rural character. To the

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

  6  regional planning councils, the Small County Technical

  7  Assistance Program, the Local Government Financial Technical

  8  Assistance Program, the State University System, or other

  9  relevant organizations to provide, technical assistance to all

10  rural local governments to access these resources.

11         (f)  Provision by REDI or other organizations

12  identified in paragraph (e) of technical assistance in

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

14  an automatic result of successful completion of the Rural

15  Heritage Area community-based planning process.

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

17  Development Council and state agencies to develop a simple,

18  uniform grant application form for use by local government

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

20  application process should incorporate the sharing of known

21  information about local governments among state government

22  agencies in order to maximize the efficiency of local

23  governments' efforts to secure available resources. The

24  uniform grant application must be adopted for use by state

25  agencies by July 1, 2003.

26         (7)  GRANT PROGRAM.--

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

28  assist local governments in adopting Rural Heritage Areas,

29  completing the community-based planning process, and

30  implementing elements of the resulting Rural Heritage Area

31  plan.

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




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

  2  appropriated for the Rural Heritage Grant Program must be

  3  available for conducting the community-based planning process

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

  5  percent of the general revenue appropriated for the Rural

  6  Heritage Grant Program must be available for implementing

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

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

  9  local government may allocate grant money to special

10  districts, including community redevelopment agencies and

11  nonprofit community development organizations, to implement

12  projects consistent with an adopted Rural Heritage Area plan

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

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

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

16  process of identifying Rural Heritage Areas, assembling a core

17  group of community-based planning participants, and applying

18  for planning grants. The remaining 1 percent must be made

19  available for administrative costs incurred by the Department

20  of Community Affairs for implementing the Rural Heritage Grant

21  Program and the Urban Infill and Redevelopment Assistance

22  Grant Program. Projects that provide employment opportunities

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

24  priority in the scoring of competing grant applications. To

25  encourage rural-urban partnerships and regional planning,

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

27  in regional or partnership projects with communities eligible

28  to participate in the Urban Infill and Redevelopment

29  Assistance Grant Program. The Division of Housing and

30  Community Development of the Department of Community Affairs

31  shall administer the grant program.

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1         (c)  Priority for funding under the Rural Heritage

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

  3  a majority of the populated portions of the area are

  4  characterized by pervasive poverty, unemployment, and general

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

  6         (d)  The Department of Community Affairs, in

  7  consultation with REDI, shall adopt rules establishing grant

  8  review criteria consistent with this section. Actions required

  9  by this paragraph are contingent upon funds being provided to

10  implement the Rural Heritage Grant Program.

11         (e)  If the local government fails to implement

12  sections of the Rural Heritage Area plan funded through a

13  Rural Heritage Area implementation grant pursuant to the

14  deadlines specified in the grant agreement, the Department of

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

16  rescind the economic and regulatory incentives granted to a

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

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

19  rescind may be initiated 90 days after issuing a written

20  letter of warning to the local government.

21         (8)  MICRO-LOAN PROGRAM FOR NATURE-BASED TOURISM AND

22  HERITAGE TOURISM BUSINESSES.--The statewide advisory committee

23  on nature-based tourism and heritage tourism, as established

24  in s. 288.1224, Florida Statutes, shall work with Enterprise

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

26  Development, VISIT FLORIDA, the Rural Economic Development

27  Initiative, the Florida Fish and Wildlife Conservation

28  Commission, the Division of Recreation and Parks of the

29  Department of Environmental Protection, and other appropriate

30  entities to develop a statewide micro-loan program for the

31  purpose of financing the creation and enhancement of small

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  businesses providing nature-based tourism or heritage tourism

  2  experiences. Examples include eco-tour operators and guides

  3  and bicycle rentals, canoe outfitters, and bed-and-breakfast

  4  facilities in proximity to natural areas. No later than

  5  November 1, 2002, this group shall submit a report to the

  6  President of the Senate and the Speaker of the House of

  7  Representatives that provides the mission and structure of the

  8  micro-loan program, guidelines for administering the program,

  9  and criteria for and any limitations on loan recipient

10  eligibility and use of loan funds.

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

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

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

14  the State Library, local governments, the regional consortium

15  service organizations established under section 228.0857,

16  Florida Statutes, and institutions of higher education, shall

17  develop recommendations regarding the establishment of two

18  pilot projects in rural communities that use wireless or other

19  technologies. The purposes of the projects are to illustrate

20  ways to increase access to quality educational, health care,

21  and other resources in the state's rural areas; to leverage

22  federal funds available for bridging the "digital divide"; to

23  build on existing applications to create community-based

24  networks; and to foster opportunities for innovative

25  distribution of existing funds. The pilot projects must

26  include linkages to existing information technology systems in

27  the pilot area; for example, to a public library, a

28  university, or a 4-year or community college, county or

29  municipal government, health-care facility, or private

30  business network.

31

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




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

  2  communities that will participate in the pilot project in

  3  consultation with the Departments of Education, Health, and

  4  Community Affairs and the State Library. The selection process

  5  must be based on the following criteria:

  6         1.  Through evaluation of the school improvement plan,

  7  demonstration of how the school or district will leverage

  8  additional connectivity provided through the pilot project to

  9  improve student achievement.

10         2.  If the pilot project involves wireless technology,

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

12  effectively deploy wireless technology based on existing

13  infrastructure.

14         3.  Demonstration of commitment of the leadership of

15  the school or district to use technology to improve teaching

16  and learning.

17         4.  If the pilot project involves wireless technology,

18  potential cost savings or improved access resulting from the

19  use of wireless rather than traditional connectivity

20  technology.

21         5.  The ability to use the technology infrastructure in

22  other local government applications within the service area.

23         6.  Demonstration of willingness and ability of the

24  community to assume ongoing costs to maintain the pilot

25  project for a minimum of 5 years. Such willingness and ability

26  may be demonstrated through intracommunity agreements or other

27  means.

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

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

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

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

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  report performance standards for the pilot project consistent

  2  with the Sunshine State Standards, as described in section

  3  229.57, Florida Statutes, and broader community-based

  4  standards as appropriate, and shall evaluate the progress of

  5  the pilot project at least annually based on the performance

  6  standards.

  7         (d)  The State Technology Office shall report its

  8  recommendations to the President of the Senate, the Speaker of

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

10  2002. Recommendations shall address the implementation and

11  funding of the pilot programs.

12         (10)  AGRICULTURAL CONSERVATION AND PROFITABILITY.--

13         (a)  The Department of Agriculture and Consumer

14  Services, in consultation with the University of Florida and

15  the Florida Agricultural and Mechanical University, shall

16  establish three pilot projects aimed at encouraging the

17  diversification of agricultural production and marketing

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

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

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

21  such as greenhouse vegetable production in North Florida or

22  early-season blueberries and peaches; or introduce a

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

24  processing or packaging, into a farming community as a means

25  of increasing the profitability of current farm products for

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

27  tobacco farm that is being adversely impacted by reductions in

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

29  demonstrate alternative crops, techniques, and industries that

30  can enhance the profitability and sustainability of

31  agriculture in the state. The Commissioner of Agriculture

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  shall, in consultation with the Agricultural Economic

  2  Development Project Review Committee as described in section

  3  570.248, Florida Statutes, select the pilot project based on

  4  evaluation criteria for agricultural economic development

  5  projects delineated in section 570.247, Florida Statutes. The

  6  Commissioner of Agriculture shall report annually to the

  7  Agricultural Economic Development Project Review Committee on

  8  the progress of the pilot project for the duration of the

  9  project based on performance measures developed for the

10  project consistent with sections 570.244, 570.246, and

11  570.247, Florida Statutes.

12         (b)  The Commissioner of Agriculture shall issue a

13  report on the progress of the pilot programs to the President

14  of the Senate, the Speaker of the House of Representatives,

15  and the Governor by December 15, 2002.

16         (c)  As authorized in section 403.0752, Florida

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

18  planning" pilot projects, the Department of Environmental

19  Protection shall work with willing partners to streamline the

20  permitting process for agricultural land uses.

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

22  Policy Analysis and Government Accountability shall perform a

23  review and evaluation of the grant program and financial

24  incentives and the wireless community-based network pilot

25  program. The report must evaluate the effectiveness of the

26  designation of rural planning areas in promoting economic

27  prosperity and preserving character in the state's rural

28  areas. This report may be conducted in conjunction with a

29  review of the Urban Infill and Redevelopment Assistance Grant

30  Program. A report of the findings and recommendations of the

31  Office of Program Policy Analysis and Government

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  Accountability must be submitted to the President of the

  2  Senate and the Speaker of the House of Representatives before

  3  the 2006 Regular Session of the Legislature.

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

  5  163.3187, Florida Statutes, is amended to read:

  6         163.3187  Amendment of adopted comprehensive plan.--

  7         (1)  Amendments to comprehensive plans adopted pursuant

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

  9  calendar year, except:

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

11  designating an urban infill and redevelopment area under s.

12  163.2517 or a Rural Heritage Area or Rural Activity Center

13  under the Florida Rural Heritage Act may be approved without

14  regard to the statutory limits on the frequency of amendments

15  to the comprehensive plan.

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

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

18  read:

19         187.201  State Comprehensive Plan adopted.--The

20  Legislature hereby adopts as the State Comprehensive Plan the

21  following specific goals and policies:

22         (5)  HOUSING.--

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

24  increase the affordability and availability of housing for

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

26  rural areas, while at the same time encouraging

27  self-sufficiency of the individual and assuring environmental

28  and structural quality and cost-effective operations.

29         (b)  Policies.--

30

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1         1.  Eliminate public policies which result in housing

  2  discrimination, and develop policies which encourage housing

  3  opportunities for all Florida's citizens.

  4         2.  Diminish the use of institutions to house persons

  5  by promoting deinstitutionalization to the maximum extent

  6  possible.

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

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

  9  and elderly persons by alleviating housing shortages,

10  recycling older houses and redeveloping residential

11  neighborhoods, identifying housing needs, providing incentives

12  to the private sector to build affordable housing, encouraging

13  public-private partnerships to maximize the creation of

14  affordable housing, and encouraging research into low-cost

15  housing construction techniques, considering life-cycle

16  operating costs.

17         4.  Reduce the cost of housing construction by

18  eliminating unnecessary regulatory practices which add to the

19  cost of housing.

20         5.  Provide incentives and encourage research to

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

22  for low-income, very-low-income, and moderate-income residents

23  of rural areas, as defined in s. 420.602. Such incentives and

24  research must take into account the importance of development

25  that preserves the rural character of the area and must seek

26  to mitigate the increased per-unit cost of small housing

27  projects appropriate to rural areas over the per-unit cost for

28  larger developments.

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

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

31  natural habitats and ecological systems, such as wetlands,

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  tropical hardwood hammocks, palm hammocks, and virgin longleaf

  2  pine forests, and restore degraded natural systems to a

  3  functional condition.

  4         (b)  Policies.--

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

  6  wildlife to maintain their environmental, economic, aesthetic,

  7  and recreational values.

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

  9  to provide recreation, conservation, and related public

10  benefits.

11         3.  Prohibit the destruction of endangered species and

12  protect their habitats.

13         4.  Establish an integrated regulatory program to

14  assure the survival of endangered and threatened species

15  within the state.

16         5.  Promote the use of agricultural practices which are

17  compatible with the protection of wildlife and natural

18  systems.

19         6.  Encourage multiple use of forest resources, where

20  appropriate, to provide for timber production, recreation,

21  wildlife habitat, watershed protection, erosion control, and

22  maintenance of water quality.

23         7.  Protect and restore the ecological functions of

24  wetlands systems to ensure their long-term environmental,

25  economic, and recreational value.

26         8.  Promote restoration of the Everglades system and of

27  the hydrological and ecological functions of degraded or

28  substantially disrupted surface waters.

29         9.  Develop and implement a comprehensive planning,

30  management, and acquisition program to ensure the integrity of

31  Florida's river systems.

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    Florida Senate - 2002                                  SB 1804
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  1         10.  Emphasize the acquisition and maintenance of

  2  ecologically intact systems in all land and water planning,

  3  management, and regulation.

  4         11.  Expand state and local efforts to provide

  5  recreational opportunities to urban areas, including the

  6  development of activity-based parks.

  7         12.  Protect and expand park systems throughout the

  8  state.

  9         13.  Encourage the use of public and private financial

10  and other resources for the development of recreational and

11  nature-based tourism opportunities at the state and local

12  levels when consistent with natural-system conservation

13  principles and practices.

14         (16)  LAND USE.--

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

16  preserving the natural resources and enhancing the quality of

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

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

19  land and water resources, fiscal abilities, and service

20  capacity to accommodate growth in an environmentally

21  acceptable manner.

22         (b)  Policies.--

23         1.  Promote state programs, investments, and

24  development and redevelopment activities which encourage

25  efficient development and occur in areas which will have the

26  capacity to service new population and commerce.

27         2.  Develop a system of incentives and disincentives

28  which encourages a separation of urban and rural land uses

29  while protecting water supplies, resource development, and

30  fish and wildlife habitats.

31

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  1         3.  Enhance the livability and character of urban areas

  2  through the encouragement of an attractive and functional mix

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

  4         4.  Recognize the interwoven nature of the

  5  relationships among rural communities, agricultural lands,

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

  7  the importance of fiscally and culturally strong rural

  8  communities to state and regional economies and resources;

  9  promote state and local programs that foster integrated and

10  coordinated community-based planning efforts; and pursue land

11  use, educational, recreational, economic, transportation,

12  housing, information technology, and social service delivery

13  initiatives in the context of community planning goals.

14         5.4.  Develop a system of intergovernmental negotiation

15  for siting locally unpopular public and private land uses

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

17  land development patterns or important natural resources, and

18  the cost-effectiveness of service delivery.

19         6.5.  Encourage and assist local governments in

20  establishing comprehensive impact-review procedures to

21  evaluate the effects of significant development activities in

22  their jurisdictions.

23         7.6.  Consider, in land use planning and regulation,

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

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

26  meet demands; and the potential for flooding.

27         8.7.  Provide educational programs and research to meet

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

29  needs.

30         (22)  THE ECONOMY.--

31

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    Florida Senate - 2002                                  SB 1804
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  1         (a)  Goal.--Florida shall promote an economic climate

  2  which provides economic stability, maximizes job

  3  opportunities, and increases per capita income for its

  4  residents.

  5         (b)  Policies.--

  6         1.  Attract new job-producing industries, corporate

  7  headquarters, distribution and service centers, regional

  8  offices, and research and development facilities to provide

  9  quality employment for the residents of Florida.

10         2.  Promote entrepreneurship and small and

11  minority-owned business startup by providing technical and

12  information resources, facilitating capital formation, and

13  removing regulatory restraints which are unnecessary for the

14  protection of consumers and society.

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

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

17  beaches, forests, historic landmarks, and agricultural and

18  natural resources, and support rural communities in developing

19  nature-based tourism and heritage tourism enterprises

20  consistent with conservation of these natural resources in

21  order to provide economic benefit to those living in closest

22  proximity to those assets.

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

24  through attracting foreign investment and promoting

25  international banking and trade.

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

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

28  film, television, and recording production.

29         6.  Promote economic development for Florida residents

30  through partnerships among education, business, industry,

31  agriculture, and the arts.

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    Florida Senate - 2002                                  SB 1804
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  1         7.  Provide increased opportunities for training

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

  3  expanding business.

  4         8.  Promote economic self-sufficiency through training

  5  and educational programs which result in productive

  6  employment.

  7         9.  Promote cooperative employment arrangements between

  8  private employers and public sector employment efforts to

  9  provide productive, permanent employment opportunities for

10  public assistance recipients through provisions of education

11  opportunities, tax incentives, and employment training.

12         10.  Provide for nondiscriminatory employment

13  opportunities.

14         11.  Provide quality child day care for public

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

16         12.  Encourage the development of a business climate

17  that provides opportunities for the growth and expansion of

18  existing state industries, particularly those industries which

19  are compatible with Florida's environment.

20         13.  Promote coordination among Florida's ports to

21  increase their utilization.

22         14.  Encourage the full utilization by businesses of

23  the economic development enhancement programs implemented by

24  the Legislature for the purpose of extensively involving

25  private businesses in the development and expansion of

26  permanent job opportunities, especially for the economically

27  disadvantaged, through the utilization of enterprise zones,

28  community development corporations, and other programs

29  designed to enhance economic and employment opportunities.

30         (23)  AGRICULTURE.--

31

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    Florida Senate - 2002                                  SB 1804
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  1         (a)  Goal.--Florida shall maintain and strive to expand

  2  its food, agriculture, ornamental horticulture, aquaculture,

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

  4  competitive force in the national and international

  5  marketplace.

  6         (b)  Policies.--

  7         1.  Ensure that goals and policies contained in state

  8  and regional plans are not interpreted to permanently restrict

  9  the conversion of agricultural lands to other uses, while

10  creating and providing economically viable options for those

11  landowners who wish their lands to remain in agricultural

12  uses.

13         2.  Encourage diversification within the agriculture

14  industry, especially to reduce the vulnerability of

15  communities that are largely reliant upon agriculture for

16  either income or employment.

17         3.  Promote and increase international agricultural

18  marketing opportunities for all Florida agricultural

19  producers.

20         4.  Stimulate research, development, and application of

21  agricultural technology to promote and enhance the

22  conservation, production, and marketing techniques available

23  to the agriculture industry.

24         5.  Encourage conservation, wastewater recycling, and

25  other appropriate measures to assure adequate water resources

26  to meet agricultural and other beneficial needs.

27         6.  Promote entrepreneurship in the agricultural sector

28  by providing technical and informational services.

29         7.  Stimulate continued productivity through investment

30  in education and research.

31

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    Florida Senate - 2002                                  SB 1804
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  1         8.  Encourage development of biological pest controls

  2  to further the reduction in reliance on chemical controls.

  3         9.  Conserve soil resources to maintain the economic

  4  value of land for agricultural pursuits and to prevent

  5  sedimentation in state waters.

  6         10.  Promote the vitality of Florida's agricultural

  7  industry through continued funding of basic research,

  8  extension, inspection, and analysis services and of programs

  9  providing for marketing and technical assistance and the

10  control and eradication of diseases and infestations.

11         11.  Continue to promote the use of lands for

12  agricultural purposes by maintaining preferential property tax

13  treatment through the greenbelt law.

14         12.  Ensure that coordinated state planning of road,

15  rail, and waterborne transportation systems provides adequate

16  facilities for the economical transport of agricultural

17  products and supplies between producing areas and markets.

18         13.  Eliminate the discharge of inadequately treated

19  wastewater and stormwater runoff into waters of the state.

20         (24)  TOURISM.--

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

22  tourists annually by 1995 and shall support efforts by all

23  areas of the state wishing to develop or expand

24  tourist-related economies.

25         (b)  Policies.--

26         1.  Promote statewide tourism and support promotional

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

28  visitors.

29         2.  Acquire and manage public lands to offer visitors

30  and residents increased outdoor experiences.

31

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    Florida Senate - 2002                                  SB 1804
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  1         3.  Promote awareness of historic places and cultural

  2  and historical activities.

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

  4  industry that meets growing public demand, protects the

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

  6  economic prosperity, especially in the state's rural

  7  communities.

  8         Section 4.  Subsection (4) of section 290.0055, Florida

  9  Statutes, is amended to read:

10         290.0055  Local nominating procedure.--

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

12  a county and one or more municipalities together, for

13  designation as an enterprise zone shall be eligible for

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

15  criteria:

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

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

18  of not more than three noncontiguous parcels.

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

20  mileage limitation:

21         2.  For communities having a total population of

22  150,000 persons or more, the selected area shall not exceed 20

23  square miles.

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

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

26  area shall not exceed 10 square miles.

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

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

29  area shall not exceed 5 square miles.

30

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




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

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

  3  area shall not exceed 3 square miles.

  4         6.  For communities having a total population of less

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

  6  square miles.

  7         7.  For communities within the jurisdiction of a rural

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

  9  shall not exceed 15 square miles, regardless of total

10  population.

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

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

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

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

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

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

17  than 50,000.

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

19  unemployment, and general distress, as described and measured

20  pursuant to s. 290.0058.

21         Section 5.  Present subsections (13) through (39) of

22  section 420.507, Florida Statutes, are renumbered as

23  subsections (14) through (40), respectively, a new subsection

24  (13) is added to that section, and present subsection (24) of

25  that section is 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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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




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

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

  3  Heritage Act.

  4         (25)(24)  To do any and all things necessary or

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

  6  powers given and granted in, this part and the state's rural

  7  policy under the Florida Rural Heritage Act.

  8         Section 6.  Paragraphs (a) and (f) of subsection (6) of

  9  section 420.5087, Florida Statutes, are amended to read:

10         420.5087  State Apartment Incentive Loan

11  Program.--There is hereby created the State Apartment

12  Incentive Loan Program for the purpose of providing first,

13  second, or other subordinated mortgage loans or loan

14  guarantees to sponsors, including for-profit, nonprofit, and

15  public entities, to provide housing affordable to

16  very-low-income persons.

17         (6)  On all state apartment incentive loans, except

18  loans made to housing communities for the elderly to provide

19  for lifesafety, building preservation, health, sanitation, or

20  security-related repairs or improvements, the following

21  provisions shall apply:

22         (a)  The corporation shall establish two interest rates

23  in accordance with s. 420.507(23)(22)(a)1. and 2.

24         (f)  The review committee established by corporation

25  rule pursuant to this subsection shall make recommendations to

26  the board of directors of the corporation regarding program

27  participation under the State Apartment Incentive Loan

28  Program.  The corporation board shall make the final ranking

29  and the decisions regarding which applicants shall become

30  program participants based on the scores received in the

31  competitive ranking, further review of applications, and the

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  recommendations of the review committee.  The corporation

  2  board shall approve or reject applications for loans and shall

  3  determine the tentative loan amount available to each

  4  applicant selected for participation in the program.  The

  5  actual loan amount shall be determined pursuant to rule

  6  adopted pursuant to s. 420.507(23)(22)(f).

  7         Section 7.  Subsections (1), (2), and (4) of section

  8  420.5088, Florida Statutes, are amended to read:

  9         420.5088  Florida Homeownership Assistance

10  Program.--There is created the Florida Homeownership

11  Assistance Program for the purpose of assisting low-income

12  persons in purchasing a home by reducing the cost of the home

13  with below-market construction financing, by reducing the

14  amount of down payment and closing costs paid by the borrower

15  to a maximum of 5 percent of the purchase price, or by

16  reducing the monthly payment to an affordable amount for the

17  purchaser. Loans shall be made available at an interest rate

18  that does not exceed 3 percent. The balance of any loan is due

19  at closing if the property is sold or transferred.

20         (1)  For loans made available pursuant to s.

21  420.507(24)(23)(a)1. or 2.:

22         (a)  The corporation may underwrite and make those

23  mortgage loans through the program to persons or families who

24  have incomes that do not exceed 80 percent of the state or

25  local median income, whichever is greater, adjusted for family

26  size.

27         (b)  Loans shall be made available for the term of the

28  first mortgage.

29         (c)  Loans are limited to the lesser of 25 percent of

30  the purchase price of the home or the amount necessary to

31  enable the purchaser to meet credit underwriting criteria.

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    Florida Senate - 2002                                  SB 1804
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  1         (2)  For loans made pursuant to s.

  2  420.507(24)(23)(a)3.:

  3         (a)  Availability is limited to nonprofit sponsors or

  4  developers who are selected for program participation pursuant

  5  to this subsection.

  6         (b)  Preference must be given to community development

  7  corporations as defined in s. 290.033 and to community-based

  8  organizations as defined in s. 420.503.

  9         (c)  Priority must be given to projects that have

10  received state assistance in funding project predevelopment

11  costs.

12         (d)  The benefits of making such loans shall be

13  contractually provided to the persons or families purchasing

14  homes financed under this subsection.

15         (e)  At least 30 percent of the units in a project

16  financed pursuant to this subsection must be sold to persons

17  or families who have incomes that do not exceed 80 percent of

18  the state or local median income, whichever amount is greater,

19  adjusted for family size; and at least another 30 percent of

20  the units in a project financed pursuant to this subsection

21  must be sold to persons or families who have incomes that do

22  not exceed 50 percent of the state or local median income,

23  whichever amount is greater, adjusted for family size.

24         (f)  The maximum loan amount may not exceed 33 percent

25  of the total project cost.

26         (g)  A person who purchases a home in a project

27  financed under this subsection is eligible for a loan

28  authorized by s. 420.507(24)(23)(a)1. or 2. in an aggregate

29  amount not exceeding the construction loan made pursuant to

30  this subsection.  The home purchaser must meet all the

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  requirements for loan recipients established pursuant to the

  2  applicable loan program.

  3         (h)  The corporation shall provide, by rule, for the

  4  establishment of a review committee composed of corporation

  5  staff and shall establish, by rule, a scoring system for

  6  evaluating and ranking applications submitted for construction

  7  loans under this subsection, including, but not limited to,

  8  the following criteria:

  9         1.  The affordability of the housing proposed to be

10  built.

11         2.  The direct benefits of the assistance to the

12  persons who will reside in the proposed housing.

13         3.  The demonstrated capacity of the applicant to carry

14  out the proposal, including the experience of the development

15  team.

16         4.  The economic feasibility of the proposal.

17         5.  The extent to which the applicant demonstrates

18  potential cost savings by combining the benefits of different

19  governmental programs and private initiatives, including the

20  local government contributions and local government

21  comprehensive planning and activities that promote affordable

22  housing.

23         6.  The use of the least amount of program loan funds

24  compared to overall project cost.

25         7.  The provision of homeownership counseling.

26         8.  The applicant's agreement to exceed the

27  requirements of paragraph (e).

28         9.  The commitment of first mortgage financing for the

29  balance of the construction loan and for the permanent loans

30  to the purchasers of the housing.

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1         10.  The applicant's ability to proceed with

  2  construction.

  3         11.  The targeting objectives of the corporation which

  4  will ensure an equitable distribution of loans between rural

  5  and urban areas.

  6         12.  The extent to which the proposal will further the

  7  purposes of this program.

  8         (i)  The corporation may reject any and all

  9  applications.

10         (j)  The review committee established by corporation

11  rule pursuant to this subsection shall make recommendations to

12  the corporation board regarding program participation under

13  this subsection. The corporation board shall make the final

14  ranking for participation based on the scores received in the

15  ranking, further review of the applications, and the

16  recommendations of the review committee. The corporation board

17  shall approve or reject applicants for loans and shall

18  determine the tentative loan amount available to each program

19  participant. The final loan amount shall be determined

20  pursuant to rule adopted under s. 420.507(24)(23)(h).

21         (4)  During the first 9 months of fund availability:

22         (a)  Sixty percent of the program funds shall be

23  reserved for use by borrowers pursuant to s.

24  420.507(24)(23)(a)1.;

25         (b)  Twenty percent of the program funds shall be

26  reserved for use by borrowers pursuant to s.

27  420.507(24)(23)(a)2.; and

28         (c)  Twenty percent of the program funds shall be

29  reserved for use by borrowers pursuant to s.

30  420.507(24)(23)(a)3.

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    Florida Senate - 2002                                  SB 1804
    4-1491-02                                           See HB 789




  1  If the application of these percentages would cause the

  2  reservation of program funds under paragraph (a) to be less

  3  than $1 million, the reservation for paragraph (a) shall be

  4  increased to $1 million or all available funds, whichever

  5  amount is less, with the increase to be accomplished by

  6  reducing the reservation for paragraph (b) and, if necessary,

  7  paragraph (c).

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

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

10  appropriation or the availability of funds from the agencies

11  designated as responsible for implementing those subsections.

12         Section 9.  This act shall take effect July 1, 2002.

13

14            *****************************************

15                       LEGISLATIVE SUMMARY

16
      Creates the Florida Rural Heritage Act. Provides
17    legislative findings. Provides definitions. Provides for
      the designation of a Rural Heritage Area and for a
18    community-based planning process. Specifies guidelines
      for Rural Heritage Area plans. Provides procedure for
19    adoption of a plan. Provides for economic incentives,
      reports, and technical assistance. Creates the Rural
20    Heritage Grant Program, to be administered by the
      Department of Community Affairs, to assist local
21    governments in adopting Rural Heritage Areas. Provides
      for priority of funding. Provides for the adoption of
22    rules by the Department of Community Affairs. Provides
      for development of a micro-loan program for nature-based
23    tourism and heritage tourism businesses. Provides for
      wireless community-based network technology pilot
24    programs to be established by the State Technology
      Office. Provides for agricultural diversification pilot
25    projects to be administered by the Department of
      Agriculture and Consumer Services. Provides for review
26    and evaluation by the Office of Program Policy Analysis
      and Government Accountability. Provides conditions for
27    the adoption of local comprehensive plan amendments for
      Rural Heritage Areas or Rural Activity Centers. Modifies
28    goals of the State Comprehensive Plan in accordance with
      the act. Provides a condition under which communities
29    within the jurisdiction of a rural local government may
      be designated as an enterprise zone. Modifies powers of
30    the Florida Housing Finance Corporation. Provides that
      specified provisions of the act are subject to
31    appropriation or the availability of agency funds.

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