HB 633

1	A bill to be entitled
2	An act relating to the Rural Economic Development
3	Initiative; amending s. 288.0656, F.S.; providing
4	legislative intent; revising REDI representation; adding a
5	criterion for consideration in determining a rural area of
6	critical economic concern; removing an obsolete provision;
7	providing for certain waivers to facilitate location of a
8	catalyst project in a rural area of critical economic
9	concern; providing process for designation of a catalyst
10	project; limiting the number of catalyst projects for each
11	area; limiting the granting of waivers to a time certain;
12	revising an annual report submission date; amending ss.
13	163.3187, 257.193, 288.019, 288.06561, 339.2819, and
14	627.6699, F.S.; correcting cross-references; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 288.0656, Florida Statutes, is amended
20	to read:
21	288.0656  Rural Economic Development Initiative.--
22	(1)  LEGISLATIVE INTENT.--
23	(a)  Recognizing that rural communities and regions
24	continue to face extraordinary challenges in their efforts to
25	achieve significant improvements to their economies, it is the
26	intent of the Legislature to encourage and facilitate the
27	location and expansion in such rural communities of major
28	economic development projects of significant scale that have the
29	capacity to act as a catalyst in the enhancement of rural
30	economies.
31	(b)  It is also the intent of the Legislature to encourage
32	and facilitate the development in such rural communities of
33	high-wage and high-skill industrial clusters that serve as
34	catalysts in rural economies.
35	(c)  It is further the intent of the Legislature that Rural
36	Economic Development Initiative agencies provide additional
37	support for catalyst projects that have undergone the review
38	required in subsection (6).
39	(2)(1)  CREATION.--The Rural Economic Development
40	Initiative, known as "REDI," is created within the Office of
41	Tourism, Trade, and Economic Development, and the participation
42	of state and regional agencies in this initiative is authorized.
43	(3)(2)  DEFINITIONS.--As used in this section, the term:
44	(a)  "Economic distress" means conditions affecting the
45	fiscal and economic viability of a rural community, including
46	such factors as low per capita income, low per capita taxable
47	values, high unemployment, high underemployment, low weekly
48	earned wages compared to the state average, low housing values
49	compared to the state average, high percentages of the
50	population receiving public assistance, high poverty levels
51	compared to the state average, and a lack of year-round stable
52	employment opportunities.
53	(b)  "Rural community" means:
54	1.  A county with a population of 75,000 or less.
55	2.  A county with a population of 100,000 or less that is
56	contiguous to a county with a population of 75,000 or less.
57	3.  A municipality within a county described in
58	subparagraph 1. or subparagraph 2.
59	4.  An unincorporated federal enterprise community or an
60	incorporated rural city with a population of 25,000 or less and
61	an employment base focused on traditional agricultural or
62	resource-based industries, located in a county not defined as
63	rural, which has at least three or more of the economic distress
64	factors identified in paragraph (a) and verified by the Office
65	of Tourism, Trade, and Economic Development.
66
67	For purposes of this paragraph, population shall be determined
68	in accordance with the most recent official estimate pursuant to
69	s. 186.901.
70	(4)(3)  RESPONSIBILITIES.--
71	(a)  REDI shall be responsible for coordinating and
72	focusing the efforts and resources of state and regional
73	agencies on the problems which affect the fiscal, economic, and
74	community viability of Florida's economically distressed rural
75	communities, working with local governments, community-based
76	organizations, and private organizations that have an interest
77	in the growth and development of these communities to find ways
78	to balance environmental and growth management issues with local
79	needs.
80	(b)(4)  REDI shall review and evaluate the impact of
81	statutes and rules on rural communities and shall work to
82	minimize any adverse impact.
83	(c)(5)  REDI shall facilitate better access to state
84	resources by promoting direct access and referrals to
85	appropriate state and regional agencies and statewide
86	organizations. REDI may undertake outreach, capacity-building,
87	and other advocacy efforts to improve conditions in rural
88	communities. These activities may include sponsorship of
89	conferences and achievement awards.
90	(5)(6)  AGENCY AND ORGANIZATION REPRESENTATION ON REDI.--
91	(a)  By August 1 of each year, the head of each of the
92	following agencies and organizations shall designate a high-
93	level staff person from within the agency or organization to
94	serve as the REDI representative for the agency or organization:
95	1.  The Department of Community Affairs.
96	2.  The Department of Transportation.
97	3.  The Department of Environmental Protection.
98	4.  The Department of Agriculture and Consumer Services.
99	5.  The Department of State.
100	6.  The Department of Health.
101	7.  The Department of Children and Family Services.
102	8.  The Department of Corrections.
103	9.  The Agency for Workforce Innovation.
104	10.  The Department of Education.
105	11.  The Department of Juvenile Justice.
106	12.  The Fish and Wildlife Conservation Commission.
107	13.  Each water management district.
108	14.  Enterprise Florida, Inc.
109	15.  Workforce Florida, Inc.
110	16.  The Florida Commission on Tourism or VISIT Florida.
111	17.  The Florida Regional Planning Council Association.
112	18.  The Agency for Health Care Administration Florida
113	State Rural Development Council.
114	19.  The Institute of Food and Agricultural Sciences
115	(IFAS).
116
117	An alternate for each designee shall also be chosen, and the
118	names of the designees and alternates shall be sent to the
119	director of the Office of Tourism, Trade, and Economic
120	Development.
121	(b)  Each REDI representative must have comprehensive
122	knowledge of his or her agency's functions, both regulatory and
123	service in nature, and of the state's economic goals, policies,
124	and programs. This person shall be the primary point of contact
125	for his or her agency with REDI on issues and projects relating
126	to economically distressed rural communities and with regard to
127	expediting project review, shall ensure a prompt effective
128	response to problems arising with regard to rural issues, and
129	shall work closely with the other REDI representatives in the
130	identification of opportunities for preferential awards of
131	program funds and allowances and waiver of program requirements
132	when necessary to encourage and facilitate long-term private
133	capital investment and job creation.
134	(c)  The REDI representatives shall work with REDI in the
135	review and evaluation of statutes and rules for adverse impact
136	on rural communities and the development of alternative
137	proposals to mitigate that impact.
138	(d)  Each REDI representative shall be responsible for
139	ensuring that each district office or facility of his or her
140	agency is informed about the Rural Economic Development
141	Initiative and for providing assistance throughout the agency in
142	the implementation of REDI activities.
143	(6)(7)  RURAL AREAS OF CRITICAL ECONOMIC CONCERN; CATALYST
144	PROJECTS.--
145	(a)  REDI may recommend to the Governor up to three rural
146	areas of critical economic concern. A rural area of critical
147	economic concern must be a rural community, or a region composed
148	of such, that has been adversely affected by an extraordinary
149	economic event, chronic and severe economic distress, or a
150	natural disaster or that presents a unique economic development
151	opportunity of regional impact that will create more than 1,000
152	jobs over a 5-year period. The Governor may by executive order
153	designate up to three rural areas of critical economic concern
154	which will establish these areas as priority assignments for
155	REDI as well as to allow the Governor, acting through REDI, to
156	waive criteria, requirements, or similar provisions of any
157	economic development incentive. Such incentives shall include,
158	but not be limited to: the Qualified Target Industry Tax Refund
159	Program under s. 288.106, the Quick Response Training Program
160	under s. 288.047, the Quick Response Training Program for
161	participants in the welfare transition program under s.
162	288.047(8), transportation projects under s. 288.063, the
163	brownfield redevelopment bonus refund under s. 288.107, and the
164	rural job tax credit program under ss. 212.098 and 220.1895.
165	(b)  Designation as a rural area of critical economic
166	concern under this subsection shall be contingent upon the
167	execution of a memorandum of agreement among the Office of
168	Tourism, Trade, and Economic Development; the governing body of
169	the county; and the governing bodies of any municipalities to be
170	included within a rural area of critical economic concern. Such
171	agreement shall specify the terms and conditions of the
172	designation, including, but not limited to, the duties and
173	responsibilities of the county and any participating
174	municipalities to take actions designed to facilitate the
175	retention and expansion of existing businesses in the area, as
176	well as the recruitment of new businesses to the area.
177	(c)  The Governor, acting through REDI, may also waive
178	criteria, requirements, or provisions of REDI agency programs,
179	including, but not limited to, those providing infrastructure,
180	technical assistance, and training, to facilitate the location
181	of a catalyst project in a rural area of critical economic
182	concern, provided that the project is specifically identified as
183	a catalyst project by Enterprise Florida, Inc., confirmed as a
184	catalyst project by the Office of Tourism, Trade, and Economic
185	Development, and recommended by REDI. No more than one catalyst
186	project may be recommended for a rural area of critical economic
187	concern consisting of eight counties or fewer. No more than two
188	catalyst projects may be recommended for a rural area of
189	critical economic concern consisting of more than eight
190	counties. Waivers may be granted pursuant to this paragraph only
191	through June 30, 2012.
192	(7)(8)  ANNUAL REPORT.--Beginning with the fiscal year
193	ending June 30, 2007, REDI shall submit a report to the
194	Governor, the President of the Senate, and the Speaker of the
195	House of Representatives each year on or before September 30
196	February 1 on all REDI activities. This report shall include a
197	status report on all projects currently being coordinated
198	through REDI, the number of preferential awards and allowances
199	made pursuant to this section, the dollar amount of such awards,
200	and the names of the recipients. The report shall also include a
201	description of all waivers of program requirements granted. The
202	report shall also include information as to the economic impact
203	of the projects coordinated by REDI.
204	Section 2.  Paragraphs (c) and (o) of subsection (1) of
205	section 163.3187, Florida Statutes, are amended to read:
206	163.3187  Amendment of adopted comprehensive plan.--
207	(1)  Amendments to comprehensive plans adopted pursuant to
208	this part may be made not more than two times during any
209	calendar year, except:
210	(c)  Any local government comprehensive plan amendments
211	directly related to proposed small scale development activities
212	may be approved without regard to statutory limits on the
213	frequency of consideration of amendments to the local
214	comprehensive plan. A small scale development amendment may be
215	adopted only under the following conditions:
216	1.  The proposed amendment involves a use of 10 acres or
217	fewer and:
218	a.  The cumulative annual effect of the acreage for all
219	small scale development amendments adopted by the local
220	government shall not exceed:
221	(I)  A maximum of 120 acres in a local government that
222	contains areas specifically designated in the local
223	comprehensive plan for urban infill, urban redevelopment, or
224	downtown revitalization as defined in s. 163.3164, urban infill
225	and redevelopment areas designated under s. 163.2517,
226	transportation concurrency exception areas approved pursuant to
227	s. 163.3180(5), or regional activity centers and urban central
228	business districts approved pursuant to s. 380.06(2)(e);
229	however, amendments under this paragraph may be applied to no
230	more than 60 acres annually of property outside the designated
231	areas listed in this sub-sub-subparagraph. Amendments adopted
232	pursuant to paragraph (k) shall not be counted toward the
233	acreage limitations for small scale amendments under this
234	paragraph.
235	(II)  A maximum of 80 acres in a local government that does
236	not contain any of the designated areas set forth in sub-sub-
237	subparagraph (I).
238	(III)  A maximum of 120 acres in a county established
239	pursuant to s. 9, Art. VIII of the State Constitution.
240	b.  The proposed amendment does not involve the same
241	property granted a change within the prior 12 months.
242	c.  The proposed amendment does not involve the same
243	owner's property within 200 feet of property granted a change
244	within the prior 12 months.
245	d.  The proposed amendment does not involve a text change
246	to the goals, policies, and objectives of the local government's
247	comprehensive plan, but only proposes a land use change to the
248	future land use map for a site-specific small scale development
249	activity.
250	e.  The property that is the subject of the proposed
251	amendment is not located within an area of critical state
252	concern, unless the project subject to the proposed amendment
253	involves the construction of affordable housing units meeting
254	the criteria of s. 420.0004(3), and is located within an area of
255	critical state concern designated by s. 380.0552 or by the
256	Administration Commission pursuant to s. 380.05(1). Such
257	amendment is not subject to the density limitations of sub-
258	subparagraph f., and shall be reviewed by the state land
259	planning agency for consistency with the principles for guiding
260	development applicable to the area of critical state concern
261	where the amendment is located and shall not become effective
262	until a final order is issued under s. 380.05(6).
263	f.  If the proposed amendment involves a residential land
264	use, the residential land use has a density of 10 units or less
265	per acre or the proposed future land use category allows a
266	maximum residential density of the same or less than the maximum
267	residential density allowable under the existing future land use
268	category, except that this limitation does not apply to small
269	scale amendments involving the construction of affordable
270	housing units meeting the criteria of s. 420.0004(3) on property
271	which will be the subject of a land use restriction agreement,
272	or small scale amendments described in sub-sub-subparagraph
273	a.(I) that are designated in the local comprehensive plan for
274	urban infill, urban redevelopment, or downtown revitalization as
275	defined in s. 163.3164, urban infill and redevelopment areas
276	designated under s. 163.2517, transportation concurrency
277	exception areas approved pursuant to s. 163.3180(5), or regional
278	activity centers and urban central business districts approved
279	pursuant to s. 380.06(2)(e).
280	2.a.  A local government that proposes to consider a plan
281	amendment pursuant to this paragraph is not required to comply
282	with the procedures and public notice requirements of s.
283	163.3184(15)(c) for such plan amendments if the local government
284	complies with the provisions in s. 125.66(4)(a) for a county or
285	in s. 166.041(3)(c) for a municipality. If a request for a plan
286	amendment under this paragraph is initiated by other than the
287	local government, public notice is required.
288	b.  The local government shall send copies of the notice
289	and amendment to the state land planning agency, the regional
290	planning council, and any other person or entity requesting a
291	copy. This information shall also include a statement
292	identifying any property subject to the amendment that is
293	located within a coastal high-hazard area as identified in the
294	local comprehensive plan.
295	3.  Small scale development amendments adopted pursuant to
296	this paragraph require only one public hearing before the
297	governing board, which shall be an adoption hearing as described
298	in s. 163.3184(7), and are not subject to the requirements of s.
299	163.3184(3)-(6) unless the local government elects to have them
300	subject to those requirements.
301	4.  If the small scale development amendment involves a
302	site within an area that is designated by the Governor as a
303	rural area of critical economic concern under s. 288.0656(6)(7)
304	for the duration of such designation, the 10-acre limit listed
305	in subparagraph 1. shall be increased by 100 percent to 20
306	acres. The local government approving the small scale plan
307	amendment shall certify to the Office of Tourism, Trade, and
308	Economic Development that the plan amendment furthers the
309	economic objectives set forth in the executive order issued
310	under s. 288.0656(6)(7), and the property subject to the plan
311	amendment shall undergo public review to ensure that all
312	concurrency requirements and federal, state, and local
313	environmental permit requirements are met.
314	(o)  A comprehensive plan amendment that is submitted by an
315	area designated by the Governor as a rural area of critical
316	economic concern under s. 288.0656(6)(7) and that meets the
317	economic development objectives may be approved without regard
318	to the statutory limits on the frequency of adoption of
319	amendments to the comprehensive plan.
320	Section 3.  Subsection (2) of section 257.193, Florida
321	Statutes, is amended to read:
322	257.193  Community Libraries in Caring Program.--
323	(2)  The purpose of the Community Libraries in Caring
324	Program is to assist libraries in rural communities, as defined
325	in s. 288.0656(3)(2)(b) and subject to the provisions of s.
326	288.06561, to strengthen their collections and services, improve
327	literacy in their communities, and improve the economic
328	viability of their communities.
329	Section 4.  Section 288.019, Florida Statutes, is amended
330	to read:
331	288.019  Rural considerations in grant review and
332	evaluation processes.--Notwithstanding any other law, and to the
333	fullest extent possible, the member agencies and organizations
334	of the Rural Economic Development Initiative (REDI) as defined
335	in s. 288.0656(5)(6)(a) shall review all grant and loan
336	application evaluation criteria to ensure the fullest access for
337	rural counties as defined in s. 288.0656(3)(2)(b) to resources
338	available throughout the state.
339	(1)  Each REDI agency and organization shall review all
340	evaluation and scoring procedures and develop modifications to
341	those procedures which minimize the impact of a project within a
342	rural area.
343	(2)  Evaluation criteria and scoring procedures must
344	provide for an appropriate ranking based on the proportionate
345	impact that projects have on a rural area when compared with
346	similar project impacts on an urban area.
347	(3)  Evaluation criteria and scoring procedures must
348	recognize the disparity of available fiscal resources for an
349	equal level of financial support from an urban county and a
350	rural county.
351	(a)  The evaluation criteria should weight contribution in
352	proportion to the amount of funding available at the local
353	level.
354	(b)  In-kind match should be allowed and applied as
355	financial match when a county is experiencing financial distress
356	through elevated unemployment at a rate in excess of the state's
357	average by 5 percentage points or because of the loss of its ad
358	valorem base.
359	(4)  For existing programs, the modified evaluation
360	criteria and scoring procedure must be delivered to the Office
361	of Tourism, Trade, and Economic Development for distribution to
362	the REDI agencies and organizations. The REDI agencies and
363	organizations shall review and make comments. Future rules,
364	programs, evaluation criteria, and scoring processes must be
365	brought before a REDI meeting for review, discussion, and
366	recommendation to allow rural counties fuller access to the
367	state's resources.
368	Section 5.  Section 288.06561, Florida Statutes, is amended
369	to read:
370	288.06561  Reduction or waiver of financial match
371	requirements.--Notwithstanding any other law, the member
372	agencies and organizations of the Rural Economic Development
373	Initiative (REDI), as defined in s. 288.0656(5)(6)(a), shall
374	review the financial match requirements for projects in rural
375	areas as defined in s. 288.0656(3)(2)(b).
376	(1)  Each agency and organization shall develop a proposal
377	to waive or reduce the match requirement for rural areas.
378	(2)  Agencies and organizations shall ensure that all
379	proposals are submitted to the Office of Tourism, Trade, and
380	Economic Development for review by the REDI agencies.
381	(3)  These proposals shall be delivered to the Office of
382	Tourism, Trade, and Economic Development for distribution to the
383	REDI agencies and organizations. A meeting of REDI agencies and
384	organizations must be called within 30 days after receipt of
385	such proposals for REDI comment and recommendations on each
386	proposal.
387	(4)  Waivers and reductions must be requested by the county
388	or community, and such county or community must have three or
389	more of the factors identified in s. 288.0656(3)(2)(a).
390	(5)  Any other funds available to the project may be used
391	for financial match of federal programs when there is fiscal
392	hardship, and the match requirements may not be waived or
393	reduced.
394	(6)  When match requirements are not reduced or eliminated,
395	donations of land, though usually not recognized as an in-kind
396	match, may be permitted.
397	(7)  To the fullest extent possible, agencies and
398	organizations shall expedite the rule adoption and amendment
399	process if necessary to incorporate the reduction in match by
400	rural areas in fiscal distress.
401	(8)  REDI shall include in its annual report an evaluation
402	on the status of changes to rules, number of awards made with
403	waivers, and recommendations for future changes.
404	Section 6.  Paragraph (b) of subsection (4) of section
405	339.2819, Florida Statutes, is amended to read:
406	339.2819  Transportation Regional Incentive Program.--
407	(4)
408	(b)  In allocating Transportation Regional Incentive
409	Program funds, priority shall be given to projects that:
410	1.  Provide connectivity to the Strategic Intermodal System
411	developed under s. 339.64.
412	2.  Support economic development and the movement of goods
413	in rural areas of critical economic concern designated under s.
414	288.0656(6)(7).
415	3.  Are subject to a local ordinance that establishes
416	corridor management techniques, including access management
417	strategies, right-of-way acquisition and protection measures,
418	appropriate land use strategies, zoning, and setback
419	requirements for adjacent land uses.
420	4.  Improve connectivity between military installations and
421	the Strategic Highway Network or the Strategic Rail Corridor
422	Network.
423	Section 7.  Paragraph (d) of subsection (15) of section
424	627.6699, Florida Statutes, is amended to read:
425	627.6699  Employee Health Care Access Act.--
426	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
427	(d)  Eligibility.--
428	1.  Any small employer that is actively engaged in
429	business, has its principal place of business in this state,
430	employs up to 25 eligible employees on business days during the
431	preceding calendar year, employs at least 2 employees on the
432	first day of the plan year, and has had no prior coverage for
433	the last 6 months may participate.
434	2.  Any municipality, county, school district, or hospital
435	employer located in a rural community as defined in s.
436	288.0656(3)(2)(b) may participate.
437	3.  Nursing home employers may participate.
438	4.  Each dependent of a person eligible for coverage is
439	also eligible to participate.
440
441	Any employer participating in the program must do so until the
442	end of the term for which the carrier providing the coverage is
443	obligated to provide such coverage to the program. Coverage for
444	a small employer group that ceases to meet the eligibility
445	requirements of this section may be terminated at the end of the
446	policy period for which the necessary premiums have been paid.
447	Section 8.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.