| 1 | A bill to be entitled |
| 2 | An act relating to review of the Department of Community |
| 3 | Affairs under the Florida Government Accountability Act; |
| 4 | reenacting and amending s. 20.18, F.S., relating to the |
| 5 | establishment of the department and the divisions and |
| 6 | offices thereof, and the powers, duties, and functions of |
| 7 | the Department of Community Affairs and its divisions and |
| 8 | offices; providing rulemaking authority of the department |
| 9 | with respect to the administration of the Front Porch |
| 10 | Florida initiative; requiring ratification of the rules by |
| 11 | the Legislature; amending s. 380.502, F.S.; revising |
| 12 | legislative findings and intent with respect to the |
| 13 | Florida Communities Trust Act; amending s. 380.503, F.S.; |
| 14 | removing a definition; amending s. 380.507, F.S.; revising |
| 15 | powers of the Florida Communities Trust; amending s. |
| 16 | 380.508, F.S.; revising guidelines for projects or |
| 17 | activities undertaken, coordinated, or funded by the |
| 18 | Florida Communities Trust to eliminate requirements of the |
| 19 | trust with respect to cooperation with local governments, |
| 20 | state agencies, federal agencies, and nonprofit |
| 21 | organizations to ensure the reservation of lands for |
| 22 | parks, recreation, fish and wildlife habitat, historical |
| 23 | preservation, or scientific study; eliminating provisions |
| 24 | which specify authorized project costs under the Florida |
| 25 | Communities Trust Act and requirements of the trust in |
| 26 | undertaking or coordinating projects or activities |
| 27 | authorized by the act; amending s. 380.510, F.S.; removing |
| 28 | references to loans made by the trust, to conform; |
| 29 | amending s. 380.511, F.S.; correcting cross-references; |
| 30 | repealing ss. 163.455, 163.456, 163.457, 163.458, 163.459, |
| 31 | 163.460, 163.461, and 163.462, F.S., the Community-Based |
| 32 | Development Organization Assistance Act; amending s. |
| 33 | 189.4035, F.S.; revising procedures and requirements with |
| 34 | respect to the compilation by the Department of Community |
| 35 | Affairs of an official list of special districts; |
| 36 | requiring that the official list of special districts be |
| 37 | made available electronically; amending s. 189.412, F.S.; |
| 38 | providing for electronic availability of the master list |
| 39 | of independent and dependent special districts under the |
| 40 | Special District Information Program of the department; |
| 41 | providing access requirements; providing for electronic |
| 42 | publishing and updating of the Florida Special District |
| 43 | Handbook; amending s. 189.427, F.S.; revising the payment |
| 44 | of costs of administering the "Uniform Special District |
| 45 | Accountability Act of 1989"; providing for the type two |
| 46 | transfer of the Small County Technical Assistance Program |
| 47 | in the Department of Agriculture and Consumer Services to |
| 48 | the Department of Community Affairs; reenacting and |
| 49 | amending s. 163.05, F.S.; providing duties of the |
| 50 | Secretary of Community Affairs with respect to the Small |
| 51 | County Technical Assistance Program; amending s. 215.559, |
| 52 | F.S.; requiring the Department of Community Affairs to |
| 53 | develop specified hurricane loss mitigation programs in |
| 54 | consultation with the Division of Emergency Management; |
| 55 | requiring the department to adopt rules for the |
| 56 | administration of specified grants; requiring ratification |
| 57 | of the rules by the Legislature; providing for the type |
| 58 | two transfer of the powers, duties, functions, personnel, |
| 59 | property, and unexpended balances of appropriations of the |
| 60 | Hurricane Loss Mitigation Program Advisory Council to the |
| 61 | Division of Emergency Management of the Department of |
| 62 | Community Affairs; amending s. 201.15, F.S.; eliminating |
| 63 | the distribution of excise taxes on documents to the |
| 64 | Century Commission; providing an effective date. |
| 65 |
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| 66 | Be It Enacted by the Legislature of the State of Florida: |
| 67 |
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| 68 | Section 1. Section 20.18, Florida Statutes, is reenacted |
| 69 | and amended to read: |
| 70 | 20.18 Department of Community Affairs.-There is created a |
| 71 | Department of Community Affairs. |
| 72 | (1) The head of the Department of Community Affairs is the |
| 73 | Secretary of Community Affairs. The secretary shall be appointed |
| 74 | by the Governor subject to confirmation by the Senate. The |
| 75 | secretary shall serve at the pleasure of the Governor. |
| 76 | (2) The following units of the Department of Community |
| 77 | Affairs are established: |
| 78 | (a) Division of Emergency Management. The division is a |
| 79 | separate budget entity and is not subject to control, |
| 80 | supervision, or direction by the Department of Community Affairs |
| 81 | in any manner including, but not limited to, personnel, |
| 82 | purchasing, transactions involving personal property, and |
| 83 | budgetary matters. The division director shall be appointed by |
| 84 | the Governor, shall serve at the pleasure of the Governor, and |
| 85 | shall be the agency head of the division for all purposes. The |
| 86 | division shall enter into a service agreement with the |
| 87 | department for professional, technological, and administrative |
| 88 | support services. The division shall collaborate and coordinate |
| 89 | with the department on nonemergency response matters, including, |
| 90 | but not limited to, disaster recovery programs, grant programs, |
| 91 | mitigation programs, and emergency matters related to |
| 92 | comprehensive plans. |
| 93 | (b) Division of Housing and Community Development. |
| 94 | (c) Division of Community Planning. |
| 95 | (3) Unless otherwise provided by law, the Secretary of |
| 96 | Community Affairs shall appoint the directors or executive |
| 97 | directors of any commission or council assigned to the |
| 98 | department, who shall serve at his or her pleasure as provided |
| 99 | for division directors in s. 110.205. The appointment or |
| 100 | termination by the secretary will be done with the advice and |
| 101 | consent of the commission or council; and the director or |
| 102 | executive director may employ, subject to departmental rules and |
| 103 | procedures, such personnel as may be authorized and necessary. |
| 104 | (4) In addition to its other powers, duties, and |
| 105 | functions, the department shall, under the general supervision |
| 106 | of the secretary and the Interdepartmental Coordinating Council |
| 107 | on Community Services, assist and encourage the development of |
| 108 | state programs by the various departments for the productive use |
| 109 | of human resources, and the department shall work with other |
| 110 | state agencies in order that together they might: |
| 111 | (a) Effect the coordination, by the responsible agencies |
| 112 | of the state, of the career and adult educational programs of |
| 113 | the state in order to provide the maximum use and meaningful |
| 114 | employment of persons completing courses of study from such |
| 115 | programs; |
| 116 | (b) Assist the Department of Commerce in the development |
| 117 | of employment opportunities; and |
| 118 | (c) Improve the enforcement of special district reporting |
| 119 | requirements and the communication among state agencies that |
| 120 | receive mandatory reports from special districts. |
| 121 | (5) The role of state government required by part I of |
| 122 | chapter 421 (Housing Authorities Law), chapter 422 (Housing |
| 123 | Cooperation Law), and chapter 423 (tax exemption of housing |
| 124 | authorities) is the responsibility of the Department of |
| 125 | Community Affairs; and the department is the agency of state |
| 126 | government responsible for the state's role in housing and urban |
| 127 | development. |
| 128 | (6) The Office of Urban Opportunity is created within the |
| 129 | Department of Community Affairs. The purpose of the office is to |
| 130 | administer the Front Porch Florida initiative, a comprehensive, |
| 131 | community-based urban core redevelopment program that enables |
| 132 | urban core residents to craft solutions to the unique challenges |
| 133 | of each designated community. The department shall adopt rules |
| 134 | for the administration of the Front Porch Florida initiative. |
| 135 | The rules shall not become effective until ratified by the |
| 136 | Legislature. |
| 137 | Section 2. Subsection (3) of section 380.502, Florida |
| 138 | Statutes, is amended to read: |
| 139 | 380.502 Legislative findings and intent.- |
| 140 | (3) It is the intent of the Legislature to establish a |
| 141 | nonregulatory agency that will assist local governments in |
| 142 | bringing local comprehensive plans into compliance and |
| 143 | implementing the goals, objectives, and policies of the |
| 144 | conservation, recreation and open space, and coastal elements of |
| 145 | local comprehensive plans, or in conserving natural resources |
| 146 | and resolving land use conflicts by: |
| 147 | (a) Responding promptly and creatively to opportunities to |
| 148 | correct undesirable development patterns, restore degraded |
| 149 | natural areas, enhance resource values, restore deteriorated or |
| 150 | deteriorating urban waterfronts, preserve working waterfronts, |
| 151 | reserve lands for later purchase, participate in and promote the |
| 152 | use of innovative land acquisition methods, and provide public |
| 153 | access to surface waters. |
| 154 | (b) Providing financial and technical assistance to local |
| 155 | governments, state agencies, and nonprofit organizations to |
| 156 | carry out projects and activities and to develop programs |
| 157 | authorized by this part. |
| 158 | (c) Involving local governments and private interests in |
| 159 | voluntarily resolving land use conflicts and issues. |
| 160 | Section 3. Subsection (12) of section 380.503, Florida |
| 161 | Statutes, is amended, and subsections (13) through (18) of that |
| 162 | section are renumbered as subsections (12) through (17), |
| 163 | respectively, to read: |
| 164 | 380.503 Definitions.-As used in ss. 380.501-380.515, |
| 165 | unless the context indicates a different meaning or intent: |
| 166 | (12) "Site reservation" means temporarily acquiring and |
| 167 | holding areas identified for public use, then transferring the |
| 168 | land to an appropriate state agency, local government, or |
| 169 | nonprofit organization for management for public use. |
| 170 | Section 4. Subsections (2), (3), (6), and (7) of section |
| 171 | 380.507, Florida Statutes, are amended to read: |
| 172 | 380.507 Powers of the trust.-The trust shall have all the |
| 173 | powers necessary or convenient to carry out the purposes and |
| 174 | provisions of this part, including: |
| 175 | (2) To undertake, coordinate, or fund activities and |
| 176 | projects which will help bring local comprehensive plans into |
| 177 | compliance and help implement the goals, objectives, and |
| 178 | policies of the conservation, recreation and open space, and |
| 179 | coastal elements of local comprehensive plans, or which will |
| 180 | otherwise serve to conserve natural resources and resolve land |
| 181 | use conflicts, including, but not limited to: |
| 182 | (a) Redevelopment projects. |
| 183 | (b) Resource enhancement projects. |
| 184 | (c) Public access projects. |
| 185 | (d) Urban waterfront restoration projects. |
| 186 | (e) Site reservation. |
| 187 | (e)(f) Urban greenways and open space projects. |
| 188 | (f)(g) Working waterfronts. |
| 189 | (3) To provide technical and financial assistance to local |
| 190 | governments, state agencies, water management districts, |
| 191 | regional planning councils, and nonprofit agencies to carry out |
| 192 | projects and activities and develop programs to achieve the |
| 193 | purposes of this part. |
| 194 | (6) To award grants and make loans to local governments |
| 195 | and nonprofit organizations for the purposes listed in |
| 196 | subsection (2) and for acquiring fee title and less than fee |
| 197 | title, such as conservation easements or other interests in |
| 198 | land, for the purposes of this part. |
| 199 | (7) To provide by grant or loan up to the total cost of |
| 200 | any project approved according to this part, including the local |
| 201 | share of federally supported projects. The trust may require |
| 202 | local funding participation in projects. The trust shall |
| 203 | determine the funding it will provide by considering the total |
| 204 | amount of funding available for the project, the fiscal |
| 205 | resources of other project participants, the urgency of the |
| 206 | project relative to other eligible projects, and other factors |
| 207 | which the trust shall have prescribed by rule. The trust may |
| 208 | fund up to 100 percent of any local government land acquisition |
| 209 | costs, if part of an approved project. |
| 210 | Section 5. Subsections (4) and (5) of section 380.508, |
| 211 | Florida Statutes, are amended to read: |
| 212 | 380.508 Projects; development, review, and approval.- |
| 213 | (4) Projects or activities which the trust undertakes, |
| 214 | coordinates, or funds in any manner shall comply with the |
| 215 | following guidelines: |
| 216 | (a) The purpose of redevelopment projects shall be to |
| 217 | restore areas which are adversely affected by scattered |
| 218 | ownership, poor lot layout, inadequate park and open space, |
| 219 | incompatible land uses, or other conditions which endanger the |
| 220 | environment or impede orderly development. Grants and loans |
| 221 | awarded for redevelopment projects shall be used for assembling |
| 222 | parcels of land within redevelopment project areas for the |
| 223 | redesign of such areas and for the installation of public |
| 224 | improvements required to serve such areas. After redesign and |
| 225 | installation of public improvements, if any, lands in |
| 226 | redevelopment projects, with the exception of lands acquired for |
| 227 | public purposes, shall be conveyed to any person for development |
| 228 | in accordance with a redevelopment project plan approved |
| 229 | according to this part. |
| 230 | (b) The purpose of resource enhancement projects shall be |
| 231 | to enhance natural resources which, because of indiscriminate |
| 232 | dredging or filling, improper location of improvements, natural |
| 233 | or human-induced events, or incompatible land uses, have |
| 234 | suffered loss of natural and scenic values. Grants and loans |
| 235 | awarded for resource enhancement projects shall be used for the |
| 236 | assembly of parcels of land to improve resource management, for |
| 237 | relocation of improperly located or designed improvements, and |
| 238 | for other corrective measures which will enhance the natural and |
| 239 | scenic character of project areas. |
| 240 | (c) The purpose of public access projects shall be to |
| 241 | acquire interests in and initially develop lands which are |
| 242 | suitable for and which will be used for public accessways to |
| 243 | surface waters. The trust shall identify local governments and |
| 244 | nonprofit organizations which will accept responsibility for |
| 245 | maintenance and liability for public accessways which are |
| 246 | located outside the state park system. The trust may lease any |
| 247 | public access site developed under this part to a local |
| 248 | government or nonprofit organization, provided that the |
| 249 | conditions of the lease guarantee public use of the site. The |
| 250 | trust may accept, from any local government or nonprofit |
| 251 | organization, fees collected for providing public access to |
| 252 | surface waters. The trust shall expend any such funds it accepts |
| 253 | only for acquisition, development, and maintenance of such |
| 254 | public accessways. To the maximum extent possible, the trust |
| 255 | shall expend such fees in the general area where they are |
| 256 | collected or in areas where public access to surface waters is |
| 257 | clearly deficient. The trust may transfer funds, including such |
| 258 | fees, to a local government or nonprofit organization to acquire |
| 259 | public access sites. In developing or coordinating public access |
| 260 | projects, the trust shall ensure that project plans involving |
| 261 | beach access are consistent with state laws governing beach |
| 262 | access. |
| 263 | (d) The purpose of urban waterfront restoration projects |
| 264 | shall be to restore deteriorated or deteriorating urban |
| 265 | waterfronts for public use and enjoyment. Urban waterfront |
| 266 | restoration projects shall include public access sites. |
| 267 | (e) The purpose of working waterfront projects shall be to |
| 268 | restore and preserve working waterfronts as provided in s. |
| 269 | 380.5105. |
| 270 | (f) The trust shall cooperate with local governments, |
| 271 | state agencies, federal agencies, and nonprofit organizations in |
| 272 | ensuring the reservation of lands for parks, recreation, fish |
| 273 | and wildlife habitat, historical preservation, or scientific |
| 274 | study. In the event that any local government, state agency, |
| 275 | federal agency, or nonprofit organization is unable, due to |
| 276 | limited financial resources or other circumstances of a |
| 277 | temporary nature, to acquire a site for the purposes described |
| 278 | in this paragraph, the trust may acquire and hold the site for |
| 279 | subsequent conveyance to the appropriate governmental agency or |
| 280 | nonprofit organization. The trust may provide such technical |
| 281 | assistance as is required to aid local governments, state and |
| 282 | federal agencies, and nonprofit organizations in completing |
| 283 | acquisition and related functions. The trust shall not reserve |
| 284 | lands acquired in accordance with this paragraph for more than 5 |
| 285 | years from the time of acquisition. A local government, federal |
| 286 | or state agency, or nonprofit organization may acquire the land |
| 287 | at any time during this period for public purposes. The purchase |
| 288 | price shall be based upon the trust's cost of acquisition, plus |
| 289 | administrative and management costs in reserving the land. The |
| 290 | payment of this purchase price shall be by money, trust-approved |
| 291 | property of an equivalent value, or a combination of money and |
| 292 | trust-approved property. If, after the 5-year period, the trust |
| 293 | has not sold to a governmental agency or nonprofit organization |
| 294 | land acquired for site reservation, the trust shall dispose of |
| 295 | such land at fair market value or shall trade it for other land |
| 296 | of comparable value which will serve to accomplish the purposes |
| 297 | of this part. Any proceeds from the sale of such land shall be |
| 298 | deposited in the Florida Communities Trust Fund. |
| 299 |
|
| 300 | Project costs may include costs of providing parks, open space, |
| 301 | public access sites, scenic easements, and other areas and |
| 302 | facilities serving the public where such features are part of a |
| 303 | project plan approved according to this part. In undertaking or |
| 304 | coordinating projects or activities authorized by this part, the |
| 305 | trust shall, when appropriate, use and promote the use of |
| 306 | creative land acquisition methods, including the acquisition of |
| 307 | less than fee interest through, among other methods, |
| 308 | conservation easements, transfer of development rights, leases, |
| 309 | and leaseback arrangements. The trust also shall assist local |
| 310 | governments in the use of sound alternative methods of financing |
| 311 | for funding projects and activities authorized by this part. Any |
| 312 | funds over and above eligible project costs, which remain after |
| 313 | completion of a project approved according to this part, shall |
| 314 | be transmitted to the state and deposited in the Florida |
| 315 | Communities Trust Fund. |
| 316 | (5) The governing body of the trust shall approve |
| 317 | projects, project plans, and grants, and loans according to |
| 318 | rules which it shall have adopted and which are consistent with |
| 319 | the provisions of this part. In reviewing project plans and |
| 320 | grant and loan applications, the trust shall seek to promote |
| 321 | excellence of design and shall encourage projects which |
| 322 | integrate structures into the natural environment. |
| 323 | Section 6. Section 380.510, Florida Statutes, is amended |
| 324 | to read: |
| 325 | 380.510 Conditions of grants and loans.- |
| 326 | (1) The trust may seek repayment of funds loaned pursuant |
| 327 | to this part on terms and conditions as it deems appropriate to |
| 328 | carry out the provisions of this part. |
| 329 | (2) Trust loan applications may include a requirement that |
| 330 | the loan include all reasonable and necessary administrative |
| 331 | costs that the trust incurs in processing and administering the |
| 332 | loan application. |
| 333 | (1)(3) In the case of a grant or loan for land |
| 334 | acquisition, agreements shall provide all of the following: |
| 335 | (a) The trust shall approve the terms under which the |
| 336 | interest in land is acquired. |
| 337 | (b) The transfer of land acquired with a trust grant or |
| 338 | loan shall be subject to the approval of the trust, and the |
| 339 | trust shall enter into a new agreement with the transferee, |
| 340 | containing such covenants, reverter clauses, or other |
| 341 | restrictions as are sufficient to protect the interest of the |
| 342 | people of Florida. |
| 343 | (c) The interest in land acquired with a loan or grant |
| 344 | from the trust may not serve as security for any debt the |
| 345 | grantee or borrower incurs unless the trust approves the |
| 346 | transaction. |
| 347 | (d) If any essential term or condition of a grant or loan |
| 348 | is violated, title to all interest in real property acquired |
| 349 | with state funds shall be conveyed or revert to the Board of |
| 350 | Trustees of the Internal Improvement Trust Fund. The trust shall |
| 351 | treat such property in accordance with s. 380.508(4)(f). |
| 352 | (e) If the existence of a nonprofit organization or local |
| 353 | government terminates for any reason, title to all interest in |
| 354 | real property it has acquired with state funds shall be conveyed |
| 355 | or revert to the Board of Trustees of the Internal Improvement |
| 356 | Trust Fund, unless the trust negotiates an agreement with |
| 357 | another local government or nonprofit organization which agrees |
| 358 | to accept title to all interest in and to manage the property. |
| 359 | (f) The term of any grant using funds received from the |
| 360 | Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c), |
| 361 | shall be for a period not to exceed 24 months. The governing |
| 362 | board of the trust may offer a grant with a shorter term and may |
| 363 | extend a grant beyond 24 months when the grant recipient |
| 364 | demonstrates that significant progress is being made toward |
| 365 | closing the project or that extenuating circumstances warrant an |
| 366 | extension of time. If a local government project which was |
| 367 | awarded a grant is not closed within 24 months and the governing |
| 368 | board of the trust does not grant an extension, the grant |
| 369 | reverts to the trust's unencumbered balance of Preservation 2000 |
| 370 | funds to be redistributed to other eligible projects. The local |
| 371 | government may reapply for a grant to fund the project in the |
| 372 | trust's next application cycle. |
| 373 |
|
| 374 | Any deed or other instrument of conveyance whereby a nonprofit |
| 375 | organization or local government acquires real property under |
| 376 | this section shall set forth the interest of the state. The |
| 377 | trust shall keep at least one copy of any such instrument and |
| 378 | shall provide at least one copy to the Board of Trustees of the |
| 379 | Internal Improvement Trust Fund. |
| 380 | (2)(4) The trust shall require in a grant or loan |
| 381 | agreement terms sufficient to protect the public interest in any |
| 382 | improvement or development constructed under a grant or loan to |
| 383 | a nonprofit organization or local government. The agreement |
| 384 | shall describe with particularity any real property which is |
| 385 | subject to the agreement, and the trust shall record the |
| 386 | agreement in the county in which the real property is located. |
| 387 | (3)(5) Any funds the trust collects from a nonprofit |
| 388 | organization or local government under a grant or loan agreement |
| 389 | shall be deposited in the Florida Communities Trust Fund. |
| 390 | (6) Funds the trust loans for land acquisition may, in |
| 391 | part, be used to pay reasonable real estate commission fees. |
| 392 | (4)(7) Any funds received by the trust from the |
| 393 | Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and |
| 394 | the Florida Forever Trust Fund pursuant to s. 259.105(3)(c) |
| 395 | shall be held separate and apart from any other funds held by |
| 396 | the trust and shall be used for the land acquisition purposes of |
| 397 | this part. In addition to the other conditions set forth in this |
| 398 | section, the disbursement of Preservation 2000 and Florida |
| 399 | Forever funds from the trust shall be subject to the following |
| 400 | conditions: |
| 401 | (a) The administration and use of any funds received by |
| 402 | the trust from the Preservation 2000 Trust Fund and the Florida |
| 403 | Forever Trust Fund shall be subject to such terms and conditions |
| 404 | imposed thereon by the agency of the state responsible for the |
| 405 | bonds, the proceeds of which are deposited in the Preservation |
| 406 | 2000 Trust Fund and the Florida Forever Trust Fund, including |
| 407 | restrictions imposed to ensure that the interest on any such |
| 408 | bonds issued by the state as tax-exempt bonds will not be |
| 409 | included in the gross income of the holders of such bonds for |
| 410 | federal income tax purposes. |
| 411 | (b) All deeds or leases with respect to any real property |
| 412 | acquired with funds received by the trust from the Preservation |
| 413 | 2000 Trust Fund shall contain such covenants and restrictions as |
| 414 | are sufficient to ensure that the use of such real property at |
| 415 | all times complies with s. 375.051 and s. 9, Art. XII of the |
| 416 | State Constitution. All deeds or leases with respect to any real |
| 417 | property acquired with funds received by the trust from the |
| 418 | Florida Forever Trust Fund shall contain such covenants and |
| 419 | restrictions as are sufficient to ensure that the use of such |
| 420 | real property at all times complies with s. 11(e), Art. VII of |
| 421 | the State Constitution. Each deed or lease shall contain a |
| 422 | reversion, conveyance, or termination clause that will vest |
| 423 | title in the Board of Trustees of the Internal Improvement Trust |
| 424 | Fund if any of the covenants or restrictions are violated by the |
| 425 | titleholder or leaseholder or by some third party with the |
| 426 | knowledge of the titleholder or leaseholder. |
| 427 | Section 7. Subsections (2) and (3) of section 380.511, |
| 428 | Florida Statutes, are amended to read: |
| 429 | 380.511 Florida Communities Trust Fund.- |
| 430 | (2) The trust may expend any moneys in the Florida |
| 431 | Communities Trust Fund to acquire land, water areas, and related |
| 432 | resources; to provide technical assistance to local governments |
| 433 | to establish transfer of development rights programs within |
| 434 | their jurisdictions; and to construct, improve, enlarge, extend, |
| 435 | operate, and maintain capital improvements and facilities in |
| 436 | accordance with this part, except as limited by s. |
| 437 | 380.510(4)(7). |
| 438 | (3) The trust may disburse moneys in the Florida |
| 439 | Communities Trust Fund to pay all necessary expenses to carry |
| 440 | out the purposes of this part, except as limited by s. |
| 441 | 380.510(4)(7). |
| 442 | Section 8. Sections 163.455, 163.456, 163.457, 163.458, |
| 443 | 163.459, 163.460, 163.461, and 163.462, Florida Statutes, are |
| 444 | repealed. |
| 445 | Section 9. Section 189.4035, Florida Statutes, is amended |
| 446 | to read: |
| 447 | 189.4035 Preparation of official list of special |
| 448 | districts.- |
| 449 | (1) The Department of Community Affairs shall compile the |
| 450 | official list of special districts pursuant to s. 189.412(2). |
| 451 | The official list of special districts shall include all special |
| 452 | districts in this state and shall indicate the independent or |
| 453 | dependent status of each district. All special districts in the |
| 454 | list shall be sorted by county. The definitions in s. 189.403 |
| 455 | shall be the criteria for determination of the independent or |
| 456 | dependent status of each special district on the official list. |
| 457 | The status of community development districts shall be |
| 458 | independent on the official list of special districts. |
| 459 | (2) The official list shall be produced by the department |
| 460 | after the department has notified each special district that is |
| 461 | currently reporting to the department, the Department of |
| 462 | Financial Services pursuant to s. 218.32, or the Auditor General |
| 463 | pursuant to s. 218.39. Upon notification, each special district |
| 464 | shall submit, within 60 days, its determination of its status. |
| 465 | The determination submitted by a special district shall be |
| 466 | consistent with the status reported in the most recent local |
| 467 | government audit of district activities submitted to the Auditor |
| 468 | General pursuant to s. 218.39. |
| 469 | (2)(3) The Department of Financial Services shall provide |
| 470 | the department with a list of entities dependent special |
| 471 | districts reporting pursuant to s. 218.32 that appear to be |
| 472 | special districts but are not included on the for inclusion on |
| 473 | the official list of special districts. The Auditor |
| 474 | shall provide the department with a list of entities reporting |
| 475 | pursuant to s. 218.39 that appear to be special districts but |
| 476 | are not included on the official list of special districts. |
| 477 | (3)(4) The department shall contact each entity reported |
| 478 | pursuant to subsection (2) to determine whether such entity |
| 479 | meets the definition of a special district pursuant to s. |
| 480 | 189.403. Within 60 days after being contacted by the department, |
| 481 | each entity shall submit to the department confirmation of its |
| 482 | status as an independent special district or a dependent special |
| 483 | district, or acknowledgment that the entity is not a special |
| 484 | district. If an entity a special district does not submit |
| 485 | confirmation of its status to the department within the required |
| 486 | time period, then the department shall have the authority to |
| 487 | determine the status of the entity said district. After such |
| 488 | determination of status is completed, the department shall |
| 489 | convey render the determination to an agent of the entity |
| 490 | special district. |
| 491 | (4)(5) The official list of special districts shall be |
| 492 | made available electronically distributed by the department on |
| 493 | October 1 of each year to the President of the Senate, the |
| 494 | Speaker of the House of Representatives, the Auditor General, |
| 495 | the Department of Revenue, the Department of Financial Services, |
| 496 | the Department of Management Services, the State Board of |
| 497 | Administration, counties, municipalities, county property |
| 498 | appraisers, tax collectors, and supervisors of elections and to |
| 499 | all interested parties pursuant to s. 189.412 who request the |
| 500 | list. |
| 501 | (5)(6) The compilation Preparation of the official list of |
| 502 | special districts or the determination of status does not |
| 503 | constitute final agency action pursuant to chapter 120. If the |
| 504 | status of a special district on the official list disputes its |
| 505 | status on the official list is inconsistent with the status |
| 506 | submitted by the district, the district may request the |
| 507 | department to issue a declaratory statement setting forth the |
| 508 | requirements necessary to resolve the inconsistency. If |
| 509 | necessary, upon issuance of a declaratory statement by the |
| 510 | department which is not appealed pursuant to chapter 120, the |
| 511 | governing board of any special district receiving such a |
| 512 | declaratory statement shall apply to the entity which originally |
| 513 | established the district for an amendment to its charter |
| 514 | correcting the specified defects in its original charter. This |
| 515 | amendment shall be for the sole purpose of resolving |
| 516 | inconsistencies between a district charter and the status of a |
| 517 | district as it appears on the official list. Such application |
| 518 | shall occur as follows: |
| 519 | (a) In the event a special district was created by a local |
| 520 | general-purpose government or state agency and applies for an |
| 521 | amendment to its charter to confirm its independence, said |
| 522 | application shall be granted as a matter of right. If |
| 523 | application by an independent district is not made within 6 |
| 524 | months of rendition of a declaratory statement, the district |
| 525 | shall be deemed dependent and become a political subdivision of |
| 526 | the governing body which originally established it by operation |
| 527 | of law. |
| 528 | (b) If the Legislature created a special district, the |
| 529 | district shall request, by resolution, an amendment to its |
| 530 | charter by the Legislature. Failure to apply to the Legislature |
| 531 | for an amendment to its charter during the next regular |
| 532 | legislative session following rendition of a declaratory |
| 533 | statement or failure of the Legislature to pass a special act |
| 534 | shall render the district dependent. |
| 535 | Section 10. Subsections (2) and (3) of section 189.412, |
| 536 | Florida Statutes, are amended to read: |
| 537 | 189.412 Special District Information Program; duties and |
| 538 | responsibilities.-The Special District Information Program of |
| 539 | the Department of Community Affairs is created and has the |
| 540 | following special duties: |
| 541 | (2) The maintenance of a master list of all independent |
| 542 | and dependent special districts pursuant to s. 189.4035, which |
| 543 | shall be annually updated and made available electronically on |
| 544 | the department's website. Such access shall at minimum allow the |
| 545 | sorting of special districts by county and by dependent or |
| 546 | independent status distributed to the appropriate officials in |
| 547 | state and local governments. |
| 548 | (3) The electronic publishing and updating of a "Florida |
| 549 | Special District Handbook" that contains, at a minimum: |
| 550 | (a) A section that specifies definitions of special |
| 551 | districts and status distinctions in the statutes. |
| 552 | (b) A section or sections that specify current statutory |
| 553 | provisions for special district creation, implementation, |
| 554 | modification, dissolution, and operating procedures. |
| 555 | (c) A section that summarizes the reporting requirements |
| 556 | applicable to all types of special districts as provided in ss. |
| 557 | 189.417 and 189.418. |
| 558 | Section 11. Section 189.427, Florida Statutes, is amended |
| 559 | to read: |
| 560 | 189.427 Fee schedule; Operating Trust Fund.-The Department |
| 561 | of Community Affairs, by rule, shall establish a schedule of |
| 562 | fees to pay one-half of the costs incurred by the department in |
| 563 | administering this act, except that the fee may not exceed $175 |
| 564 | per district per year. The fees collected under this section |
| 565 | shall be deposited in the Operating Trust Fund, which shall be |
| 566 | administered by the Department of Community Affairs. Any fee |
| 567 | rule must consider factors such as the dependent and independent |
| 568 | status of the district and district revenues for the most recent |
| 569 | fiscal year as reported to the Department of Financial Services. |
| 570 | The department may assess fines of not more than $25, with an |
| 571 | aggregate total not to exceed $50, as penalties against special |
| 572 | districts that fail to remit required fees to the department by |
| 573 | the deadline. It is the intent of the Legislature that general |
| 574 | revenue funds will be made available to the department to pay |
| 575 | one-half of the cost of administering this act. |
| 576 | Section 12. All powers, duties, functions, records, |
| 577 | personnel, property; unexpended balances of appropriations, |
| 578 | allocations, or other funds; administrative authority; |
| 579 | administrative rules; pending issues; and existing contracts of |
| 580 | the Small County Technical Assistance Program in the Department |
| 581 | of Agriculture and Consumer Services, as authorized and governed |
| 582 | by s. 163.05, Florida Statutes, are transferred by a type two |
| 583 | transfer, as defined in s. 20.06(2), Florida Statutes, to the |
| 584 | Department of Community Affairs. |
| 585 | Section 13. Section 163.05, Florida Statutes, is reenacted |
| 586 | and amended to read: |
| 587 | 163.05 Small County Technical Assistance Program.- |
| 588 | (1) Among small counties, the Legislature finds that: |
| 589 | (a) The percentage of the population of small counties |
| 590 | residing in the unincorporated areas is relatively high based on |
| 591 | the United States Decennial Census of 2000. |
| 592 | (b) Projected revenue and expenditure trends of the small |
| 593 | counties indicate that a serious fiscal condition has developed |
| 594 | that could require a number of small counties to declare |
| 595 | financial emergencies. |
| 596 | (c) Fiscal shortfalls persist even though 12 of the small |
| 597 | counties levied the maximum ad valorem millage authorized in |
| 598 | their jurisdictions in 2001 and an additional 15 small counties |
| 599 | levied between 8 and 10 mills. |
| 600 | (d) State and federal mandates will continue to place |
| 601 | additional funding demands on small counties. |
| 602 | (2) Recognizing the findings in subsection (1), the |
| 603 | Legislature declares that: |
| 604 | (a) The financial difficulties confronting small counties |
| 605 | require an investment that will facilitate efforts to improve |
| 606 | the productivity and efficiency of small counties' structures |
| 607 | and operating procedures. |
| 608 | (b) Current and additional revenue enhancements authorized |
| 609 | by the Legislature should be managed and administered using |
| 610 | appropriate management practices and expertise. |
| 611 | (3) The purpose of this section is to provide technical |
| 612 | assistance to small counties to enable them to implement |
| 613 | workable solutions to financial and administrative problems. As |
| 614 | used in this section, "small county" means a county that has a |
| 615 | population of 75,000 or less. |
| 616 | (4) The Secretary of Community Affairs Commissioner of |
| 617 | Agriculture shall enter into contracts with program providers |
| 618 | who shall: |
| 619 | (a) Be a foundation that meets the requirements for |
| 620 | nonprofit status under s. 501(c)(3) of the Internal Revenue Code |
| 621 | with a governing board which includes in its membership county |
| 622 | commissioners and professional staff of the county. |
| 623 | (b) Have substantial and documented experience working |
| 624 | closely with county governments in providing both educational |
| 625 | and technical assistance. |
| 626 | (c) Use existing resources, services, and information that |
| 627 | are available from state or local agencies, universities, or the |
| 628 | private sector. |
| 629 | (d) Seek and accept funding from any public or private |
| 630 | source. |
| 631 | (e) Assist small counties in developing alternative |
| 632 | revenue sources. |
| 633 | (f) Provide assistance to small counties in areas such as |
| 634 | financial management, accounting, investing, purchasing, |
| 635 | planning and budgeting, debt issuance, public management, |
| 636 | management systems, computers and information technology, |
| 637 | economic and community development, and public safety |
| 638 | management. |
| 639 | (g) Provide for an annual independent financial audit of |
| 640 | the program. |
| 641 | (h) In each county served, conduct a needs assessment upon |
| 642 | which the assistance provided for that county will be designed. |
| 643 | (5)(a) The Secretary of Community Affairs Commissioner of |
| 644 | Agriculture shall issue a request for proposals to provide |
| 645 | assistance to small counties. The request for proposals shall be |
| 646 | required no more frequently than every third year beginning with |
| 647 | fiscal year 2004-2005. All contracts in existence on the |
| 648 | effective date of this act between the Comptroller and any other |
| 649 | party with respect to the Small County Technical Assistance |
| 650 | Program may be accepted by the Secretary of Community Affairs |
| 651 | Commissioner of Agriculture as the party in interest and said |
| 652 | contracts shall remain in full force and effect according to |
| 653 | their terms. |
| 654 | (b) The Secretary of Community Affairs Commissioner of |
| 655 | Agriculture shall review each contract proposal submitted. |
| 656 | (c) The Secretary of Community Affairs Commissioner of |
| 657 | Agriculture shall consider the following factors in reviewing |
| 658 | contract proposals: |
| 659 | 1. The demonstrated capacity of the provider to conduct |
| 660 | needs assessments and implement the program as proposed. |
| 661 | 2. The number of small counties to be served under the |
| 662 | proposal. |
| 663 | 3. The cost of the program as specified in a proposed |
| 664 | budget. |
| 665 | 4. The short-term and long-term benefits of the assistance |
| 666 | to small counties. |
| 667 | 5. The form and extent to which existing resources, |
| 668 | services, and information that are available from state and |
| 669 | local agencies, universities, and the private sector will be |
| 670 | used by the provider under the contract. |
| 671 | (6) A decision of the Secretary of Community Affairs |
| 672 | Commissioner of Agriculture to award a contract under this |
| 673 | section is final and shall be in writing. |
| 674 | (7) The Secretary of Community Affairs Commissioner of |
| 675 | Agriculture shall provide fiscal oversight to ensure that funds |
| 676 | expended for the program are used in accordance with the |
| 677 | contracts entered into pursuant to subsection (4) and shall |
| 678 | conduct a performance review of the program as may be necessary |
| 679 | to ensure that the goals and objectives of the program are being |
| 680 | met. |
| 681 | Section 14. Subsections (4) and (5) of section 215.559, |
| 682 | Florida Statutes, are amended to read: |
| 683 | 215.559 Hurricane Loss Mitigation Program.- |
| 684 | (4) Of moneys provided to the Department of Community |
| 685 | Affairs in paragraph (2)(a), 10 percent shall be allocated to |
| 686 | the Florida International University center dedicated to |
| 687 | hurricane research. The center shall develop a preliminary work |
| 688 | plan approved by the Division of Emergency Management advisory |
| 689 | council set forth in subsection (5) to eliminate the state and |
| 690 | local barriers to upgrading existing mobile homes and |
| 691 | communities, research and develop a program for the recycling of |
| 692 | existing older mobile homes, and support programs of research |
| 693 | and development relating to hurricane loss reduction devices and |
| 694 | techniques for site-built residences. The State University |
| 695 | System also shall consult with the Department of Community |
| 696 | Affairs and assist the department with the report required under |
| 697 | subsection (7). |
| 698 | (5) Except for the programs set forth in subsection (4), |
| 699 | the Department of Community Affairs shall develop the programs |
| 700 | set forth in this section in consultation with the Division of |
| 701 | Emergency Management to establish and fund hazard mitigation |
| 702 | efforts that reduce the state's exposure to hurricane losses. |
| 703 | The department shall adopt rules for the administration of |
| 704 | grants provided pursuant this section. The rules shall provide |
| 705 | for the award of grants based on objective criteria and |
| 706 | performance measures that include, but are not limited to, the |
| 707 | reduction of exposure to the Florida Hurricane Catastrophe Fund, |
| 708 | savings in homeowner's insurance, increased availability of |
| 709 | homeowner's insurance, and the leveraging of federal and local |
| 710 | funds. The rules shall not become effective until ratified by |
| 711 | the Legislature an advisory council consisting of a |
| 712 | representative designated by the Chief Financial Officer, a |
| 713 | representative designated by the Florida Home Builders |
| 714 | Association, a representative designated by the Florida |
| 715 | Insurance Council, a representative designated by the Federation |
| 716 | of Manufactured Home Owners, a representative designated by the |
| 717 | Florida Association of Counties, and a representative designated |
| 718 | by the Florida Manufactured Housing Association. |
| 719 | Section 15. All powers, duties, functions, records, |
| 720 | personnel, property; unexpended balances of appropriations, |
| 721 | allocations, or other funds; administrative authority; |
| 722 | administrative rules; pending issues; and existing contracts of |
| 723 | the Hurricane Loss Mitigation Program Advisory Council, as |
| 724 | created by s. 215.559(5), Florida Statutes, are transferred by a |
| 725 | type two transfer, as defined in s. 20.06(2), Florida Statutes, |
| 726 | to the Division of Emergency Management of the Department of |
| 727 | Community Affairs. |
| 728 | Section 16. Paragraph (c) of subsection (1) of section |
| 729 | 201.15, Florida Statutes, as amended by chapter 2009-271, Laws |
| 730 | of Florida, is amended to read: |
| 731 | 201.15 Distribution of taxes collected.-All taxes |
| 732 | collected under this chapter are subject to the service charge |
| 733 | imposed in s. 215.20(1). Prior to distribution under this |
| 734 | section, the Department of Revenue shall deduct amounts |
| 735 | necessary to pay the costs of the collection and enforcement of |
| 736 | the tax levied by this chapter. Such costs and the service |
| 737 | charge may not be levied against any portion of taxes pledged to |
| 738 | debt service on bonds to the extent that the costs and service |
| 739 | charge are required to pay any amounts relating to the bonds. |
| 740 | After distributions are made pursuant to subsection (1), all of |
| 741 | the costs of the collection and enforcement of the tax levied by |
| 742 | this chapter and the service charge shall be available and |
| 743 | transferred to the extent necessary to pay debt service and any |
| 744 | other amounts payable with respect to bonds authorized before |
| 745 | January 1, 2010, secured by revenues distributed pursuant to |
| 746 | subsection (1). All taxes remaining after deduction of costs and |
| 747 | the service charge shall be distributed as follows: |
| 748 | (1) Sixty-three and thirty-one hundredths percent of the |
| 749 | remaining taxes shall be used for the following purposes: |
| 750 | (c) After the required payments under paragraphs (a) and |
| 751 | (b), the remainder shall be paid into the State Treasury to the |
| 752 | credit of: |
| 753 | 1. The State Transportation Trust Fund in the Department |
| 754 | of Transportation in the amount of the lesser of 38.2 percent of |
| 755 | the remainder or $541.75 million in each fiscal year, to be used |
| 756 | for the following specified purposes, notwithstanding any other |
| 757 | law to the contrary: |
| 758 | a. For the purposes of capital funding for the New Starts |
| 759 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 760 | specified in s. 341.051, 10 percent of these funds; |
| 761 | b. For the purposes of the Small County Outreach Program |
| 762 | specified in s. 339.2818, 5 percent of these funds. Effective |
| 763 | July 1, 2014, the percentage allocated under this sub- |
| 764 | subparagraph shall be increased to 10 percent; |
| 765 | c. For the purposes of the Strategic Intermodal System |
| 766 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 767 | of these funds after allocating for the New Starts Transit |
| 768 | Program described in sub-subparagraph a. and the Small County |
| 769 | Outreach Program described in sub-subparagraph b.; and |
| 770 | d. For the purposes of the Transportation Regional |
| 771 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 772 | funds after allocating for the New Starts Transit Program |
| 773 | described in sub-subparagraph a. and the Small County Outreach |
| 774 | Program described in sub-subparagraph b. Effective July 1, 2014, |
| 775 | the first $60 million of the funds allocated pursuant to this |
| 776 | sub-subparagraph shall be allocated annually to the Florida Rail |
| 777 | Enterprise for the purposes established in s. 341.303(5). |
| 778 | 2. The Grants and Donations Trust Fund in the Department |
| 779 | of Community Affairs in the amount of the lesser of .23 percent |
| 780 | of the remainder or $3.25 million in each fiscal year, with 92 |
| 781 | percent to be used to fund technical assistance to local |
| 782 | governments and school boards on the requirements and |
| 783 | implementation of this act and the remaining amount to be used |
| 784 | to fund the Century Commission established in s. 163.3247. |
| 785 | 3. The Ecosystem Management and Restoration Trust Fund in |
| 786 | the amount of the lesser of 2.12 percent of the remainder or $30 |
| 787 | million in each fiscal year, to be used for the preservation and |
| 788 | repair of the state's beaches as provided in ss. 161.091- |
| 789 | 161.212. |
| 790 | 4. General Inspection Trust Fund in the amount of the |
| 791 | lesser of .02 percent of the remainder or $300,000 in each |
| 792 | fiscal year to be used to fund oyster management and restoration |
| 793 | programs as provided in s. 379.362(3). |
| 794 |
|
| 795 | Moneys distributed pursuant to this paragraph may not be pledged |
| 796 | for debt service unless such pledge is approved by referendum of |
| 797 | the voters. |
| 798 | Section 17. This act shall take effect July 1, 2010. |