The Florida Senate

290.001  Florida Enterprise Zone Act; short title.

290.002  Legislative findings.

290.003  Policy and purpose.

290.004  Definitions.

290.0055  Local nominating procedure.

290.0056  Enterprise zone development agency.

290.0057  Enterprise zone development plan.

290.0058  Tests of pervasive poverty, unemployment, and general distress.

290.0065  State designation of enterprise zones.

290.0066  Revocation of enterprise zone designation.

290.0067  Enterprise zone designation for communities impacted by Lake Apopka land acquisition.

290.00675  Amendment of certain enterprise zone boundaries.

290.0068  Designation of enterprise zone encompassing brownfield pilot project.

290.007  State incentives available in enterprise zones.

290.0075  Enterprise zone linked deposit program.

290.009  Enterprise Zone Interagency Coordinating Council.

290.012  Transition.

290.0135  Local government ordinances; encouragements and incentives; review for adverse effects; certain changes prohibited.

290.014  Annual reports on enterprise zones.

290.015  Evaluation and review.

290.016  Repeal.

290.0301  Short title.

290.0311  Legislative findings.

290.032  Policy and purpose.

290.033  Definitions.

290.034  Operating Trust Fund; priority of use.

290.035  Eligibility for assistance.

290.036  Community development corporation support program.

290.0365  Community development corporation planning grants.

290.037  Community development deferred payment loan program.

290.038  Authority and duties of the department.

290.039  Reporting requirements.

290.0395  Evaluation and review.

290.0401  Florida Small Cities Community Development Block Grant Program Act; short title.

290.0411  Legislative intent and purpose of ss. 290.0401-290.049.

290.042  Definitions.

290.043  Florida Small Cities Community Development Block Grant Program; administration.

290.044  Florida Small Cities Community Development Block Grant Program Fund; administration; distribution.

290.0455  Small Cities Community Development Block Grant Loan Guarantee Program.

290.046  Applications for grants; procedures; requirements.

290.047  Establishment of grant ceilings and maximum administrative cost percentages; elimination of population bias; loans in default.

290.0475  Rejection of grant applications; penalties for failure to meet application conditions.

290.048  General powers of Department of Community Affairs under ss. 290.0401-290.049.

290.049  Advisory council.

¹290.001  Florida Enterprise Zone Act; short title.--Sections 290.001-290.016 may be cited as the "Florida Enterprise Zone Act of 1994."

History.--s. 1, ch. 82-119; ss. 42, 57, ch. 84-356; ss. 16, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.002  Legislative findings.--It is hereby found and declared that:

(1)  Within the communities of this state, there exist areas that chronically display extreme and unacceptable levels of unemployment, physical deterioration, and economic disinvestment.

(2)  Each such area is a blight on the community as a whole, tarnishes the image and reputation of the community in the eyes of its residents, and reduces the desirability of the community as a place to visit and live.

(3)  Such severely distressed areas have high crime rates and provide environments detrimental to the physical and emotional health of their residents.

(4)  The revitalization and redevelopment of each such area for the ultimate benefit of its residents and the community as a whole is of critical importance to the individual community and to this state.

(5)  The resources of all levels of government are insufficient, and often inappropriate, to undertake successfully the massive task of restoring the social and economic productivity of such areas.

(6)  The ultimate revitalization of such areas can occur only if the private sector can be induced to invest its own resources in productive enterprises that rebuild the industrial and commercial viability of the areas and provide jobs for residents of the areas.

(7)  In order to provide the private sector with the necessary incentives to invest in such distressed areas, governments at all levels should seek ways to relax or eliminate fiscal and regulatory constraints and should seek to identify supportive actions that facilitate business investment in such distressed areas and overcome business objections to distressed area site locations.

History.--s. 1, ch. 82-119; s. 136, ch. 83-217; ss. 43, 57, ch. 84-356; ss. 17, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.003  Policy and purpose.--It is the policy of this state to provide the necessary means to assist local communities, their residents, and the private sector in creating the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas and to provide jobs for residents of such areas. In achieving this objective, the state will seek to provide appropriate investments, tax benefits, and regulatory relief of sufficient importance to encourage the business community to commit its financial participation. The purpose of ss. 290.001-290.016 is to establish a process that clearly identifies such severely distressed areas and provides incentives by both the state and local government to induce private investment in such areas. The Legislature, therefore, declares the revitalization of enterprise zones, through the concerted efforts of government and the private sector, to be a public purpose.

History.--s. 1, ch. 82-119; ss. 44, 57, ch. 84-356; ss. 18, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.004  Definitions.--As used in ss. 290.001-290.016:

(1)  "Community investment corporation" means a black business investment corporation, a certified development corporation, a small business investment corporation, or other similar entity incorporated under Florida law that has limited its investment policy to making investments solely in minority business enterprises.

(2)  "Department" means the ²Department of Commerce.

(3)  "Director" means the director of the Office of Tourism, Trade, and Economic Development.

(4)  "Governing body" means the council or other legislative body charged with governing the county or municipality.

(5)  "Interagency coordinating council" means the Enterprise Zone Interagency Coordinating Council created pursuant to s. 290.009.

(6)  "Minority business enterprise" has the same meaning as in s. 288.703.

(7)  "Office" means the Office of Tourism, Trade, and Economic Development.

(8)  "Secretary" means the Secretary of ²Commerce.

(9)  "Small business" has the same meaning as in s. 288.703.

History.--s. 1, ch. 82-119; s. 27, ch. 83-55; ss. 45, 57, ch. 84-356; ss. 19, 37, ch. 94-136; s. 119, ch. 96-320.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

²Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

¹290.0055  Local nominating procedure.--

(1)  Any county or municipality, or a county and one or more municipalities together, may apply to the ²department for the designation of an area as an enterprise zone after completion of the following:

(a)  The adoption by the governing body or bodies of a resolution which:

1.  Finds that an area exists in such county or municipality, or in both the county and one or more municipalities, which chronically exhibits extreme and unacceptable levels of poverty, unemployment, physical deterioration, and economic disinvestment;

2.  Determines that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of such county or municipality, or such county and one or more municipalities; and

3.  Determines that the revitalization of such area can occur only if the private sector can be induced to invest its own resources in productive enterprises that build or rebuild the economic viability of the area.

(b)  The creation of an enterprise zone development agency pursuant to s. 290.0056.

(c)  The creation and adoption of a strategic plan pursuant to s. 290.0057.

(2)  The governing body of a county as defined by s. 125.011(1) shall nominate all enterprise zones within the county.

(3)  A county or municipality, or a county and one or more municipalities together, may not nominate more than one enterprise zone. However, any county as defined by s. 125.011(1) may nominate more than one enterprise zone.

(4)  An area nominated by a county or municipality, or a county and one or more municipalities together, for designation as an enterprise zone shall be eligible for designation under s. 290.0065 only if it meets the following criteria:

(a)  The selected area does not exceed 20 square miles. The selected area must have a continuous boundary, or consist of not more than three noncontiguous parcels.

(b)1.  The selected area does not exceed the following mileage limitation:

2.  For communities having a total population of 150,000 persons or more, the selected area shall not exceed 20 square miles.

3.  For communities having a total population of 50,000 persons or more but less than 150,000 persons, the selected area shall not exceed 10 square miles.

4.  For communities having a total population of 20,000 persons or more but less than 50,000 persons, the selected area shall not exceed 5 square miles.

5.  For communities having a total population of 7,500 persons or more but less than 20,000 persons, the selected area shall not exceed 3 square miles.

6.  For communities having a total population of less than 7,500 persons, the selected area shall not exceed 3 square miles.

(c)  The selected area does not include any portion of a central business district, as that term is used for purposes of the most recent Census of Retail Trade, unless the poverty rate for each census geographic block group in the district is not less than 30 percent. This paragraph does not apply to any area nominated in a county that has a population which is less than 50,000.

(d)  The selected area suffers from pervasive poverty, unemployment, and general distress, as described and measured pursuant to s. 290.0058.

(5)  To the greatest extent possible, the boundary of an area nominated must coincide with the boundaries of census geographic block groups.

(6)(a)  The ²department may approve a change in the boundary of any enterprise zone which was designated pursuant to s. 290.0065 on or before July 1, 1995, if such change is limited to a deletion of area from the enterprise zone and if, after the change is made, the enterprise zone continues to satisfy the requirements of subsections (3), (4), and (5).

(b)  The governing body of the jurisdiction which authorized the application for an enterprise zone may apply for a change in boundary by adopting a resolution that:

1.  States with particularity the reasons for the change; and

2.  Describes specifically and, to the extent required by the ²department, the boundary change to be made.

(c)  All applications for boundary changes must be submitted to the ²department by April 1, 1997. Any boundary changes approved shall be effective July 1, 1997.

(7)  Before June 30, 1999, the governing body of any county operating under home rule charter adopted pursuant to s. 10, s. 11, or s. 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, with a population of at least 2 million persons, may apply to the Office of Tourism, Trade, and Economic Development to amend the boundary lines of an enterprise zone within the county for the purpose of increasing by no more than 80 acres the noncontiguous area of the enterprise zone located closest to the path where the center of the August 24, 1992, storm known as Hurricane Andrew crossed land. The Office of Tourism, Trade, and Economic Development shall approve an application made pursuant to this subsection if it is consistent with the categories, criteria, and limitations imposed by this section upon the establishment of such enterprise zone.

History.--s. 46, ch. 84-356; s. 57, ch. 86-152; s. 25, ch. 88-201; s. 5, ch. 89-352; s. 21, ch. 92-319; ss. 21, 37, ch. 94-136; s. 2, ch. 96-412; s. 1, ch. 97-251; s. 5, ch. 98-220.

¹Note.--

A.  Repealed effective December 31, 2005, by s. 37, ch. 94-136.

B.  Section 1, ch. 97-81, provides that "[n]otwithstanding any other provision of law, prior to June 30, 1998, the Office of Tourism, Trade, and Economic Development may amend the boundaries of an area designated as an enterprise zone in a community having a population of 7,500 persons or more but less than 20,000, so long as the area does not increase the overall size of the zone. The amendment must also be consistent with the limitations imposed by section 290.0055, Florida Statutes, upon establishment of the enterprise zone."

²Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

¹290.0056  Enterprise zone development agency.--

(1)  Upon adoption of the resolution as provided in s. 290.0055(1)(a), the county or municipality shall create a public body corporate and politic to be known as an "enterprise zone development agency." For an area nominated by a county and one or more municipalities jointly, the county shall create the agency. Each such agency shall be constituted as a public instrumentality, and the exercise by an enterprise zone development agency of the powers conferred by this act shall be deemed and held to be the performance of an essential public function. The enterprise zone development agency of a county has the power to function within the corporate limits of a municipality only if the governing body of the municipality has by resolution concurred in the enterprise zone development plan prepared pursuant to s. 290.0057.

(2)  When the governing body creates an enterprise zone development agency, that body shall, by ordinance, appoint a board of commissioners of the agency, which shall consist of not fewer than 8 or more than 13 commissioners. The governing body must appoint at least one representative from each of the following: the local chamber of commerce; local financial or insurance entities; the businesses operating within the nominated area; the residents residing within the nominated area; nonprofit community-based organizations operating within the nominated area; the local private industry council; the local code enforcement agency; and the local law enforcement agency. The terms of office of the commissioners shall be for 4 years, except that, in making the initial appointments, the governing body shall appoint two members for terms of 3 years, two members for terms of 2 years, and one member for a term of 1 year; the remaining initial members shall serve for terms of 4 years. A vacancy occurring during a term shall be filled for the unexpired term. The importance of minority representation on the agency shall be considered in making appointments so that the agency generally reflects the gender and ethnic composition of the community as a whole.

(3)  A commissioner shall receive no compensation for his or her services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of his or her duties. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the county or municipality, and the certificate is conclusive evidence of the due and proper appointment of the commissioner.

(4)  The powers of an enterprise zone development agency shall be exercised by the commissioners. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number.

(5)  The governing body shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it requires, and determine their qualifications, duties, and compensation. For such legal service as it requires, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this act shall file with the governing body and with the Auditor General, on or before March 31 of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the county or municipality and that the report is available for inspection during business hours in the office of the clerk of the municipality or county and in the office of the agency.

(6)  At any time after the creation of an enterprise zone development agency, the governing body of the county or municipality may appropriate to the agency such amounts as the governing body deems necessary for the administrative expenses and overhead of the agency.

(7)  The governing body may remove a commissioner for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if the commissioner has been given a copy of the charges at least 10 days prior to the hearing and has had an opportunity to be heard in person or by counsel.

(8)  The enterprise zone development agency shall have the following powers and responsibilities:

(a)  To assist in the development and implementation of the strategic plan.

(b)  To oversee and monitor the implementation of the strategic plan. The agency shall make quarterly reports to the governing body of the municipality or county, or the governing bodies of the county and one or more municipalities, evaluating the progress in implementing the strategic plan.

(c)  To identify and recommend to the governing body of the municipality or county, or the governing bodies of the county and one or more municipalities, ways to remove regulatory barriers.

(d)  To identify to the local government or governments the financial needs of, and local resources or assistance available to, eligible businesses in the zone.

(9)  The following powers and responsibilities shall be performed by the governing body creating the enterprise zone development agency acting as the managing agent of the enterprise zone development agency, or, contingent upon approval by such governing body, such powers and responsibilities shall be performed by the enterprise zone development agency:

(a)  To review, process, and certify applications for state enterprise zone tax incentives pursuant to ss. 212.08(5)(g), (h), and (15); 212.096; 220.181; and 220.182.

(b)  To provide assistance to businesses and residents within the enterprise zone.

(c)  To promote the development of the enterprise zone, including preparing, purchasing, and distributing by mail or other means of advertising, literature and other material concerning the enterprise zone and enterprise zone incentives.

(d)  To borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this act, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the Federal Government for or with respect to the development of the enterprise zone and related activities such conditions imposed pursuant to federal laws as the governing body deems reasonable and appropriate which are not inconsistent with the purposes of this section.

(e)  To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this act.

(f)  To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this section.

(g)  To procure insurance or require bond against any loss in connection with its property in such amounts and from such insurers as may be necessary or desirable.

(h)  To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized by this act.

(i)  To purchase, sell, or hold stock, evidences of indebtedness, and other capital participation instruments.

(10)  Contingent upon approval by the governing body, the agency may invest in community investment corporations which conduct, or agree to conduct, loan guarantee programs assisting minority business enterprises located in the enterprise zone. In making such investments, the agency shall first attempt to invest in existing community investment corporations providing services in the enterprise zone. Such investments shall be made under conditions required by law and as the agency may require, including, but not limited to:

(a)  The funds invested by the agency shall be used to provide loan guarantees to individuals for minority business enterprises located in the enterprise zone.

(b)  The community investment corporation may not approve any application for a loan guarantee unless the person applying for the loan guarantee shows that he or she has applied for the loan or loan guarantee through normal banking channels and that the loan or loan guarantee has been refused by at least one bank or other financial institution.

(11)  Prior to December 1 of each year, the agency shall submit to the Office of Tourism, Trade, and Economic Development a complete and detailed written report setting forth:

(a)  Its operations and accomplishments during the fiscal year.

(b)  The accomplishments and progress concerning the implementation of the strategic plan.

(c)  The number and type of businesses assisted by the agency during the fiscal year.

(d)  The number of jobs created within the enterprise zone during the fiscal year.

(e)  The usage and revenue impact of state and local incentives granted during the calendar year.

(f)  Any other information required by the office.

(12)  In the event that the nominated area selected by the governing body is not designated a state enterprise zone, the governing body may dissolve the agency after receiving notification from the ²department or the office that the area was not designated as an enterprise zone.

History.--ss. 22, 37, ch. 94-136; s. 122, ch. 96-320.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

²Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

¹290.0057  Enterprise zone development plan.--

(1)  Each application for designation as an enterprise zone must be accompanied by a strategic plan adopted by the governing body of the municipality or county, or the governing bodies of the county and one or more municipalities together. At a minimum, the plan must:

(a)  Briefly describe the community's goals for revitalizing the area.

(b)  Describe the ways in which the community's approaches to economic development, social and human services, transportation, housing, community development, public safety, and educational and environmental concerns will be addressed in a coordinated fashion, and explain how these linkages support the community's goals.

(c)  Identify and describe key community goals and the barriers that restrict the community from achieving these goals, including a description of poverty and general distress, barriers to economic opportunity and development, and barriers to human development.

(d)  Describe the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process.

(e)  Commit the governing body or bodies to enact and maintain local fiscal and regulatory incentives, if approval for the area is received under s. 290.0065. These incentives may include the municipal public service tax exemption provided by s. 166.231, the economic development ad valorem tax exemption provided by s. 196.1995, the occupational license tax exemption provided by s. 205.054, local impact fee abatement or reduction, or low-interest or interest-free loans or grants to businesses to encourage the revitalization of the nominated area.

(f)  Identify the amount of local and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, community colleges, small business development centers, black business investment corporations, certified development corporations, and other private and public entities.

(g)  Indicate how state enterprise zone tax incentives and state, local, and federal resources will be utilized within the nominated area.

(h)  Identify the funding requested under any state or federal program in support of the proposed economic, human, community, and physical development and related activities.

(i)  Identify baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan.

(2)  Prior to adopting the strategic plan, the governing body or bodies shall submit the plan to the appropriate local planning agency for review and recommendations as to its conformity with the comprehensive plan for the development of the county or municipality or the county and one or more municipalities as a whole. The local planning agency shall submit its written recommendations with respect to the conformity of the proposed strategic plan to the governing body or bodies within 60 days after receipt of the plan for review.

(3)  Prior to adopting the strategic plan, the governing body or bodies shall hold a public hearing on the strategic plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the governing body or bodies. The notice shall describe the time, date, place, and purpose of the hearing, identify the nominated area covered by the plan, and outline the general scope of the strategic plan under consideration.

History.--ss. 23, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.0058  Tests of pervasive poverty, unemployment, and general distress.--

(1)  In determining whether an area suffers from pervasive poverty, unemployment, and general distress, for purposes of ss. 290.0055 and 290.0065, the governing body and the ²department shall use data from the most current decennial census, and from information published by the Bureau of the Census and the Bureau of Labor Statistics. The data shall be comparable in point or period of time and methodology employed.

(2)  Pervasive poverty shall be evidenced by a showing that poverty is widespread throughout the nominated area. The poverty rate of the nominated area shall be established using the following criteria:

(a)  In each census geographic block group within a nominated area, the poverty rate shall be not less than 20 percent.

(b)  In at least 50 percent of the census geographic block groups within the nominated area, the poverty rate shall not be less than 30 percent.

(c)  Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (a), but shall be treated as having a zero poverty rate for purposes of applying paragraph (b).

(d)  A nominated area may not contain a noncontiguous parcel unless such parcel separately meets the criteria set forth under paragraphs (a) and (b).

For purposes of this subsection, pervasive poverty within a noncontiguous area of an enterprise zone containing two or more noncontiguous areas that was nominated by a county and one or more municipalities together shall be presumed within the noncontiguous area if such area encompasses only one municipality and has fewer than three contiguous census geographic block groups, provided at least one such group has a poverty level of more than 20 percent. The provisions of this ³paragraph shall stand repealed on July 1, 1997.

(3)  Unemployment shall be evidenced by data indicating that the average rate of unemployment for the nominated area is not less than the state's average of unemployment, or by evidence of especially severe economic conditions which have brought about significant job dislocation within the nominated area.

(4)  General distress shall be evidenced by describing adverse conditions within the nominated area other than those of pervasive poverty and unemployment. A high incidence of crime, abandoned structures, and deteriorated infrastructure or substantial population decline are examples of appropriate indicators of general distress.

(5)  In making the calculations required by this section, the local government and the ²department shall round all fractional percentages of one-half percent or more up to the next highest whole percentage figure.

History.--ss. 24, 37, ch. 94-136; s. 123, ch. 96-320.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

²Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

³Note.--The reference is apparently erroneous; the material subject to the July 1, 1997, repeal is not a paragraph.

¹290.0065  State designation of enterprise zones.--

(1)  Upon application of the governing body of a county or municipality or of a county and one or more municipalities jointly pursuant to s. 290.0055, the ²department, in consultation with the interagency coordinating council, shall determine which areas nominated by such governing bodies meet the criteria outlined in s. 290.0055 and are the most appropriate for designation as state enterprise zones. The ²department is authorized to designate up to 5 areas within each of the categories established in subparagraphs (3)(a)1., 2., 3., 4., and 5., except that the ²department may only designate a total of 20 areas as enterprise zones. The ²department shall not designate more than three enterprise zones in any one county. All designations, including any provision for redesignations, of state enterprise zones pursuant to this section shall be effective July 1, 1995.

(2)  Each application made pursuant to s. 290.0055 shall be ranked competitively within the appropriate category established pursuant to subsection (3) based on the pervasive poverty, unemployment, and general distress of the area; the strategic plan, including local fiscal and regulatory incentives, prepared pursuant to s. 290.0057; and the prospects for new investment and economic development in the area. Pervasive poverty, unemployment, and general distress shall be weighted 35 percent; strategic plan and local fiscal and regulatory incentives shall be weighted 40 percent; and prospects for new investment and economic development in the area shall be weighted 25 percent.

(3)(a)  Each area designated as an enterprise zone pursuant to this section shall be placed in one of the following categories based on the 1990 census:

1.  Communities consisting of census tracts in areas having a total population of 150,000 persons or more.

2.  Communities consisting of census tracts in areas having a total population of 50,000 persons or more but less than 150,000 persons.

3.  Communities having a population of 20,000 persons or more but less than 50,000 persons.

4.  Communities having a population of 7,500 persons or more but less than 20,000 persons.

5.  Communities having a population of less than 7,500 persons.

(b)  Any area authorized to be an enterprise zone by both a county and a municipality shall be placed in the appropriate category established under paragraph (a) in which an application by the municipality would have been considered if the municipality had acted alone, if at least 60 percent of the population of the area authorized to be an enterprise zone resides within the municipality. An area authorized to be an enterprise zone by a county and one or more municipalities shall be placed in the category in which an application by the municipality with the highest percentage of residents in such area would have been considered if such municipality had authorized the area to be an enterprise zone. An area authorized to be an enterprise zone by a county as defined by s. 125.011(1) shall be placed in the category in which an application by the municipality in which the area is located would have been considered if the municipality had authorized such area to be an enterprise zone. An area authorized to be an enterprise zone by a county as defined by s. 125.011(1) which area is located in two or more municipalities shall be placed in the category in which an application by the municipality with the highest percentage of residents in such area would have been considered if such municipality had authorized such area to be an enterprise zone.

(4)(a)  Notwithstanding s. 290.0055, any area existing as a state enterprise zone as of the effective date of this section and originally approved through a joint application from a county and municipality, or through an application from a county as defined in s. 125.011(1), shall be redesignated as a state enterprise zone upon the creation of an enterprise zone development agency pursuant to s. 290.0056 and the completion of a strategic plan pursuant to s. 290.0057. Any area redesignated pursuant to this subsection, other than an area located in a county defined in s. 125.011(1), may be relocated or modified by the appropriate governmental bodies. Such relocation or modification shall be identified in the strategic plan and shall meet the requirements for designation as established by ³s. 290.005. Any relocation or modification shall be submitted on or before June 1, 1996.

(b)  The ²department shall place any area designated as a state enterprise zone pursuant to this subsection in the appropriate category established in subsection (3), and include such designations within the limitations on state enterprise zone designations set out in subsection (1).

(c)  Any county or municipality having jurisdiction over an area designated as a state enterprise zone pursuant to this subsection, other than a county defined by s. 125.011(1), may not apply for designation of another area.

(5)  Notwithstanding s. 290.0055, an area designated as a federal empowerment zone or enterprise community pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 shall be designated a state enterprise zone as follows:

(a)  An area designated as an urban empowerment zone or urban enterprise community pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 shall be designated a state enterprise zone by the ²department upon completion of the requirements set out in paragraph (d), except in the case of a county as defined in s. 125.011(1) which, notwithstanding s. 290.0055, may incorporate and include such designated urban empowerment zone or urban enterprise community areas within the boundaries of its state enterprise zones without any limitation as to size.

(b)  An area designated as a rural empowerment zone or rural enterprise community pursuant to Title XIII of the Omnibus Budget Reconciliation Act of 1993 shall be designated a state enterprise zone by the ²department upon completion of the requirements set out in paragraph (d).

(c)  Any county or municipality having jurisdiction over an area designated as a state enterprise zone pursuant to this subsection, other than a county defined in s. 125.011(1), may not apply for designation of another area.

(d)  Prior to designating such areas as state enterprise zones, the ²department shall ensure that the governing body having jurisdiction over the zone submits the strategic plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part 597 to the ²department, and creates an enterprise zone development agency pursuant to s. 290.0056.

(e)  The ²department shall place any area designated as a state enterprise zone pursuant to this subsection in the appropriate category established in subsection (3), and include such designations within the limitations on state enterprise zone designations set out in subsection (1).

(6)(a)  The ²department, in consultation with the interagency coordinating council, shall promulgate any rules necessary for the approval of areas under this section by the ⁴secretary.

(b)  Such rules shall provide for the measurement of pervasive poverty, unemployment, and general distress using the criteria outlined by s. 290.0058.

(c)  Such rules shall provide for the evaluation of the strategic plan and local fiscal and regulatory incentives for effectiveness, including how the following key principles will be implemented by the governing body or bodies:

1.  Economic opportunity, including job creation within the community and throughout the region, as well as entrepreneurial initiatives, small business expansion, and training for jobs that offer upward mobility.

2.  Sustainable community development that advances the creation of livable and vibrant communities through comprehensive approaches that coordinate economic, physical, community, and human development.

3.  Community-based partnerships involving the participation of all segments of the community.

4.  Strategic vision for change that identifies how the community will be revitalized. This vision should include methods for building on community assets and coordinate a response to community needs in a comprehensive fashion. This vision should provide goals and performance benchmarks for measuring progress and establish a framework for evaluating and adjusting the strategic plan.

5.  Local fiscal and regulatory incentives enacted pursuant to s. 290.0057(1)(e). These incentives should induce economic revitalization, including job creation and small business expansion.

(d)  Such rules shall provide methods for evaluating the prospects for new investment and economic development in the area, including a review and evaluation of any previous state enterprise zones located in the area.

(7)  Upon approval by the ⁴secretary of a resolution authorizing an area to be an enterprise zone pursuant to this section, the ²department shall assign a unique identifying number to that resolution. The ²department shall provide the Department of Revenue with a copy of each resolution approved, together with its identifying number.

(8)  The Office of Tourism, Trade, and Economic Development may amend the boundaries of any noncontiguous area of an enterprise zone containing two or more noncontiguous areas that was designated pursuant to this section based on an application submitted by a county, other than a county defined in s. 125.011(1), and one or more municipalities together, provided such noncontiguous area encompasses only one municipality and has fewer than three contiguous census geographic block groups. Any amendments made pursuant to this subsection can not exceed 1 square mile and must be made by June 30, 1997, and be consistent with the categories, criteria, and limitation imposed by this section and s. 290.0055 upon the establishment of such enterprise zone. The provisions of this subsection shall stand repealed on July 1, 1997.

(9)(a)  Notwithstanding s. 290.0055, any area existing as a state enterprise zone as of December 30, 1994, which has received at least $1 million in state community development funds and at least $500,000 in federal community development funds, which has less than 300 businesses located within the boundaries of the enterprise zone, and which has been designated by the United States Department of Agriculture as a "Champion Community" shall be redesignated as a state enterprise zone upon the creation of an enterprise zone development agency pursuant to s. 290.0056 and the completion of a strategic plan pursuant to s. 290.0057.

(b)  Such designation shall be in addition to the limitations of state enterprise zone designation set out in subsection (1).

(10)  The Office of Tourism, Trade, and Economic Development may amend the boundaries of any enterprise zone designated by the state pursuant to this section, consistent with the categories, criteria, and limitations imposed in this section upon the establishment of such enterprise zone and only if consistent with the determinations made in ⁵s. 290.0058(2)(e).

(11)  Before December 31, 1998, the governing body of a county in which an enterprise zone designated pursuant to paragraph (5)(b) is located may apply to the Office of Tourism, Trade, and Economic Development to amend the boundaries of the enterprise zone for the purpose of replacing areas not suitable for development. The Office of Tourism, Trade, and Economic Development shall approve the application if it does not increase the overall size of the enterprise zone. Except that upon the request of the governing body of a home rule charter county, or any county the government of which has been consolidated with the government of one or more municipalities in accordance with s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution as revised in 1968 and subsequently amended, the Office of Tourism, Trade, and Economic Development may amend the boundaries of an area designated as an enterprise zone upon the receipt of a resolution adopted by such governing body describing the amended boundaries, so long as the added area does not increase the overall size of the expanded zone more than its original size or 20 square miles, whichever is larger, and is consistent with the categories, criteria, and limitations imposed by s. 290.0055.

History.--s. 48, ch. 84-356; s. 58, ch. 86-152; s. 26, ch. 88-201; s. 6, ch. 89-352; s. 1, ch. 91-262; ss. 26, 37, ch. 94-136; s. 2, ch. 95-309; ss. 124, 125, ch. 96-320; s. 46, ch. 97-100; s. 4, ch. 98-220.

¹Note.--

A.  Repealed effective December 31, 2005, by s. 37, ch. 94-136.

B.  Section 120, ch. 96-320, provides that "[i]t is the intent of the Legislature that the Office of Tourism, Trade, and Economic Development designate a total of 20 areas as enterprise zones pursuant to section 290.0065, Florida Statutes. If the office has not designated a total of 20 areas of the state as enterprise zones by July 1, 1996, the office shall conduct additional designation processes until the office has selected a total of 20 areas. The office shall complete such additional processes by July 1, 1997, and any area designated as an enterprise zone pursuant to this section shall be effective July 1, 1997, and such designation shall operate retroactively to July 1, 1996."

²Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

³Note.--Section 290.005 was repealed by s. 20, ch. 94-136.

⁴Note.--Secretary of Commerce. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

⁵Note.--Section 290.0058(2)(e) does not exist.

¹290.0066  Revocation of enterprise zone designation.--

(1)  The director may revoke the designation of an enterprise zone if the director determines that the governing body or bodies:

(a)  Have failed to make progress in achieving the benchmarks set forth in the strategic plan; or

(b)  Have not complied substantially with the strategic plan.

(2)  The failure to enact and maintain the local fiscal and regulatory incentives committed to and adopted by the governing body or bodies pursuant to s. 290.0057(1)(e) for 2 consecutive calendar years shall result in the automatic termination of enterprise zone designation.

(3)  Any action taken to rescind designation is subject to the provisions of chapter 120. Such action may be initiated 90 days after issuing a written letter of warning to the governing body or bodies. Such action shall not act to deny credits or exemptions previously granted or affect any bonds that have been issued.

History.--ss. 27, 37, ch. 94-136; s. 126, ch. 96-320.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

290.0067  Enterprise zone designation for communities impacted by Lake Apopka land acquisition.--Orange County and the municipality of Apopka may jointly apply to the Office of Tourism, Trade, and Economic Development for designation of one enterprise zone encompassing areas suffering adverse economic impacts due to governmental acquisition of Lake Apopka farmlands pursuant to s. 373.461. The application must be submitted by December 31, 1998, and must comply with the requirements of s. 290.0055, except s. 290.0055(3). Notwithstanding the provisions of s. 290.0065 limiting the total number of enterprise zones designated and the number of enterprise zones within a population category, the Office of Tourism, Trade, and Economic Development may designate one enterprise zone under this section. The Office of Tourism, Trade, and Economic Development shall establish the initial effective date of the enterprise zone designated pursuant to this section based upon when unemployment will occur due to the cessation of farming on lands acquired pursuant to s. 373.461. The zone shall terminate 5 years following the established effective date.

History.--s. 5, ch. 97-81.

290.00675  Amendment of certain enterprise zone boundaries.--Notwithstanding any other provisions of law, the Office of Tourism, Trade, and Economic Development may amend the boundaries of an area designated as an enterprise zone in a community having a population of 235,000 persons but less than 245,000, so long as the area does not increase the overall size of the zone by greater than 25 acres and the increased area is contiguous to the existing enterprise zone. The amendment must also be consistent with the limitations imposed by s. 290.0055 upon establishment of the enterprise zone.

History.--s. 6, ch. 97-81.

290.0068  Designation of enterprise zone encompassing brownfield pilot project.--Notwithstanding any provision of law to the contrary, the governing body of a municipality or county containing a United States Environmental Protection Agency brownfield pilot project that was designated as of May 1, 1997, may apply to the Office of Tourism, Trade, and Economic Development for designation of one enterprise zone encompassing the brownfield pilot project, if the project is located in a county with a population less than 1 million. The application must be submitted by December 31, 1999, and must comply with the requirements of s. 290.0055 except s. 290.0055(3). Notwithstanding the provisions of s. 290.0065 limiting the total number of enterprise zones designated and the number of enterprise zones within a population category, the Office of Tourism, Trade, and Economic Development shall designate one enterprise zone under this section if the zone is consistent with the limitations imposed under this section. The Office of Tourism, Trade, and Economic Development shall establish the initial effective date of the enterprise zone designated pursuant to this section.

History.--s. 16, ch. 98-75.

¹290.007  State incentives available in enterprise zones.--The following incentives are provided by the state to encourage the revitalization of enterprise zones:

(1)  The enterprise zone jobs credit provided in s. 220.181.

(2)  The enterprise zone property tax credit provided in s. 220.182.

(3)  The community contribution tax credits provided in ss. 220.183 and 624.5105.

(4)  The sales tax exemption for building materials used in the rehabilitation of real property in enterprise zones provided in s. 212.08(5)(g).

(5)  The sales tax exemption for business equipment used in an enterprise zone provided in s. 212.08(5)(h).

(6)  The sales tax exemption for electrical energy used in an enterprise zone provided in s. 212.08(15).

(7)  The enterprise zone jobs credit against the sales tax provided in s. 212.096.

(8)  Notwithstanding any law to the contrary, the Public Service Commission may allow public utilities and telecommunications companies to grant discounts of up to 50 percent on tariffed rates for services to small businesses located in an enterprise zone designated pursuant to s. 290.0065. Such discounts may be granted for a period not to exceed 5 years. For purposes of this subsection, "public utility" has the same meaning as in s. 366.02(1) and "telecommunications company" has the same meaning as in ²s. 364.02(7).

History.--s. 1, ch. 82-119; ss. 49, 57, ch. 84-356; s. 28, ch. 87-6; s. 71, ch. 87-243; s. 79, ch. 88-130; ss. 2, 20, ch. 91-262; ss. 28, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

²Note.--Redesignated as s. 364.02(12) by s. 6, ch. 95-403.

¹290.0075  Enterprise zone linked deposit program.--

(1)  The Department of Banking and Finance, in consultation with the interagency coordinating council, is authorized to create an enterprise zone linked deposit program to encourage financial institutions to increase the volume of loans made to small businesses in enterprise zones.

(2)(a)  The Department of Banking and Finance, in consultation with the interagency coordinating council, may select designated state enterprise zones from each of the categories established by s. 290.0065(3)(a) for participation in this program.

(b)  Participating enterprise zones shall provide a 100-percent match of any state treasury funds deposited pursuant to subsection (3). Participating enterprise zones shall select financial institutions for receipt of such funds by a competitive bid process based upon guidelines developed by the Department of Banking and Finance and the competitive selection process employed by the Office of the Treasurer for deposit of certificates of deposit. The participating enterprise zones may select more than one financial institution. The Treasurer may reject any financial institution selected for participation in this program and request that another financial institution be selected.

(3)  Notwithstanding the provisions of s. 18.10, the Treasurer may designate, for the length of this program, up to $10 million of the state's short-term treasury deposits for deposit in financial institutions selected pursuant to paragraph (2)(b), except that the Treasurer must designate for deposit an equal amount of state short-term treasury deposits for each category established by s. 290.0065(3)(a). State funds designated for deposit for a category must be made available for deposit in the following manner. First, such funds must be made available to enterprise zones on a ranked basis, as determined by the Department of Banking and Finance in consultation with the interagency coordinating council, within each respective category. Thereafter, any funds that have not been deposited after being made available to the enterprise zones within that category must be made available to any enterprise zone within any category.

(4)  The Treasurer may not approve the deposit of state funds under this act until the receipt of written documentation from the Comptroller noting the financial institutions approved for deposit under this act. Such selected financial institutions must be qualified public depositories pursuant to chapter 280.

(5)  Selected financial institutions shall provide a 100-percent match of any state treasury funds and local funds that are deposited within the financial institution pursuant to subsections (2) and (3). The selected financial institution's share of matching funds shall be used to provide loans or lines of credit to individuals for small business startup or expansion, working capital, or inventory financing. Loans shall be made to individuals for small businesses located in enterprise zones.

(6)  The Department of Banking and Finance shall provide an annual report to the Governor, the Speaker of the House of Representatives, the President of the Senate, and the Office of Tourism, Trade, and Economic Development prior to February 1 of each year which contains:

(a)  The number and amount of loans made to small businesses under this program during the previous calendar year.

(b)  The average interest rate for small business loans made by each selected financial institution under this program during the previous calendar year.

(c)  The number of completed small business loan applications that were denied or disapproved during the previous calendar year by each selected financial institution under this program.

(d)  Recommendations concerning the continuation, expansion, improvement, or termination of this program.

(7)  This section shall stand repealed on June 30, 2000, and upon such repeal, the designated short-term treasury deposits shall be returned to the Treasurer.

History.--ss. 29, 37, ch. 94-136; s. 127, ch. 96-320.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.009  Enterprise Zone Interagency Coordinating Council.--

(1)  There is created within the Office of Tourism, Trade, and Economic Development the Enterprise Zone Interagency Coordinating Council. The council shall be composed of the secretaries or executive directors, or their designees, of the Department of Community Affairs, the Office of Tourism, Trade, and Economic Development, the ²Department of Health and Rehabilitative Services, the Department of Labor and Employment Security, the Department of State, the Department of Transportation, the Department of Environmental Protection, the Department of Law Enforcement, and the Department of Revenue; the Attorney General or his or her designee; and the executive directors or their designees of the State Community College System, the Florida Black Business Investment Board, and the Florida State Rural Development Council.

(2)  The purpose of the council is to:

(a)  Advise the office in planning, developing, implementing, and performing evaluation and reporting activities related to the Florida Enterprise Zone Act of 1994.

(b)  Assist in the evaluation and review of enterprise zone designation applications pursuant to s. 290.0065.

(c)  Assist in the selection of designated enterprise zones for participation in the enterprise zone linked deposit program pursuant to s. 290.0075.

(d)  Encourage state agencies to administer programs in a manner that supports the purposes of this act and the goals and objectives of strategic enterprise zone development plans prepared by local governments.

(3)  The director of the office or his or her designee shall serve as the chair of the council.

(4)  By December 1, 1996, the council shall conduct a review and prepare a complete and detailed report containing the following:

(a)  A review of rules administered by the entities represented on the council to determine which rules may have a negative impact upon the rehabilitation, renovation, restoration, improvement, or new construction of housing or upon the economic viability and profitability of business and commerce located within areas designated as enterprise zones.

(b)  A review of state, local, and federal resources that are available and could be targeted or refocused toward revitalizing the economic conditions of state enterprise zones.

(c)  An evaluation of additional incentives that could be offered by state, local, and federal governments to revitalize state enterprise zones.

(d)  An evaluation of the enterprise zone program's accessibility, use, and potential effectiveness based on population categories with recommendations as appropriate.

History.--s. 1, ch. 82-119; s. 28, ch. 83-55; ss. 51, 57, ch. 84-356; ss. 31, 37, ch. 94-136; s. 128, ch. 96-320; s. 47, ch. 97-100.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

²Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

¹290.012  Transition.--Any enterprise zone in existence on the effective date of this section shall continue to exist until December 31, 1994, and shall cease to exist on that date. Any enterprise zone designated on or after January 1, 1995, must be created in accordance with the Florida Enterprise Zone Act of 1994. Any such designation shall not be effective until July 1, 1995.

History.--s. 1, ch. 82-119; s. 57, ch. 84-356; s. 69, ch. 85-80; ss. 32, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.0135  Local government ordinances; encouragements and incentives; review for adverse effects; certain changes prohibited.--

(1)(a)  It is the intent of the Legislature that each ordinance adopted by a local government possessing an approved enterprise zone after January 1, 1995, when applicable, provide encouragements and incentives to increase rehabilitation, renovation, restoration, improvement, or new construction of housing, and to increase the economic viability and profitability of business and commerce, located within enterprise zones designated pursuant to s. 290.0065.

(b)  Each local government possessing an approved enterprise zone may review its ordinances to determine which may have a negative impact upon the rehabilitation, renovation, restoration, improvement, or new construction of housing, or upon the economic viability and profitability of business and commerce, located within enterprise zones designated pursuant to s. 290.0065, and may waive, amend, or otherwise modify such ordinances so as to minimize the adverse impact. Such relief may include recommendations made by the United States Department of Housing and Urban Development, in its "1987 Guide for Local Government and Developers," concerning zoning and subdivision ordinances, expedited administrative and processing procedures, site planning, streets, parking, sidewalks and walkways, curbs, gutters, storm drainage systems, sanitary sewers, water supply utilities and utility easements.

(2)  Nothing in this section authorizes any local government to waive, amend, provide exceptions to, or otherwise modify or alter any ordinance:

(a)  Which is expressly required to implement or enforce any statutory provision or the legislative intent thereof;

(b)  Which is designed to protect persons against discrimination on the basis of race, color, national origin, religion, sex, age, handicap, or marital status; or

(c)  The waiver, amendment, or modification of which is likely to present a significant risk to the public health, public safety, or the environment of the state.

(3)  The waiver, amendment, or modification of any ordinance pursuant to this section shall be accomplished in accordance with the provisions of chapter 120.

(4)  The provisions of this section shall not supersede any provision of chapter 163.

History.--s. 4, ch. 91-262; ss. 34, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.014  Annual reports on enterprise zones.--

(1)  By February 1 of each year, the Department of Revenue shall submit an annual report to the Office of Tourism, Trade, and Economic Development detailing the usage and revenue impact by county of the state incentives listed in s. 290.007.

(2)  By March 1 of each year, the office shall submit an annual report to the Governor, the Speaker of the House of Representatives, and the President of the Senate. The report shall include the information provided by the Department of Revenue pursuant to subsection (1) and the information provided by enterprise zone development agencies pursuant to s. 290.0056. In addition, the report shall include an analysis of the activities and accomplishments of each enterprise zone, and any additional information prescribed pursuant to s. 290.015.

History.--s. 53, ch. 84-356; s. 5, ch. 91-262; ss. 35, 37, ch. 94-136; s. 129, ch. 96-320.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

¹290.015  Evaluation and review.--

(1)  Prior to January 1, 1995, the department shall prescribe by rule, subject to the approval of the Auditor General, a research design for the review and evaluation of ss. 290.001-290.016, together with the incentives listed in s. 290.007. The research design shall set forth the types of additional information necessary to effectuate the research design. Such information shall be provided in the report required pursuant to s. 290.014(2).

(2)  Prior to the 2000 Regular Session of the Legislature, the Auditor General shall perform a review and evaluation of ss. 290.001-290.016, together with the incentives listed in s. 290.007, using the research design promulgated pursuant to subsection (1). The report shall critique the enterprise zone program and shall include an analysis of the state incentives listed under s. 290.007. A report of the findings and recommendations of the Auditor General shall be submitted to the President of the Senate and the Speaker of the House of Representatives prior to the 2000 Regular Session. The appropriate committees of the Senate and House of Representatives shall consider legislation to implement the recommendations of the Auditor General.

(3)  Prior to the 2001 Regular Session of the Legislature, the appropriate substantive committees of both the Senate and the House of Representatives, upon assignment by the President and Speaker, respectively, shall be responsible for the completion of a review and evaluation of ss. 290.001-290.016, together with the incentives listed in s. 290.007.

History.--s. 54, ch. 84-356; s. 59, ch. 86-152; s. 13, ch. 87-87; s. 7, ch. 89-352; s. 20, ch. 91-221; ss. 36, 37, ch. 94-136.

¹Note.--Repealed effective December 31, 2005, by s. 37, ch. 94-136.

290.016  Repeal.--Sections 290.001-290.015 shall stand repealed on December 31, 2005.

History.--s. 37, ch. 94-136.

290.0301  Short title.--Sections 290.0311 through 290.0395 shall be known and may be cited as the "Community Development Corporation Support and Assistance Program Act." This section shall stand repealed on June 30, 1998.

History.--s. 1, ch. 80-250; s. 6, ch. 91-262.

Note.--Former s. 288.601.

290.0311  Legislative findings.--The Legislature finds that:

(1)  Many of Florida's communities are exhibiting signs of the decline and deterioration of their economic, physical, and fiscal health, thereby reducing their desirability as places to live and work.

(2)  These communities are experiencing difficulties in the maintenance of their economic base and are exhibiting low or negative rates of job formation, high rates of unemployment, low rates of income increase, and a decreased capacity to compete for resources.

(3)  The decline of the economic base has resulted in the decreased ability of the community's residents to acquire and maintain adequate housing, resulting in the accelerated occurrence of substandard units and decreased construction of new housing.

(4)  The overall reduction of economic activity also impacts on the commercial viability of the community, further depressing employment opportunities and income, reducing the confidence of insurance providers, contributing to the disinvestment of established commercial areas, and retarding the development of new commercial enterprises.

(5)  This deterioration contributes to the decline of neighborhoods and surrounding areas, causes a reduction of the value of property comprising the tax base of local communities, and eventually requires the expenditure of disproportionate amounts of public funds for health, social services, and police protection to prevent the development of slums and the social and economic disruption found in slum communities.

(6)  The value of these areas is great, the result of years of financial and service investment which has created a base of physical facilities, including roads, utilities, public facilities, industrial and commercial structures, and homes, the replacement of which would require the expenditure of enormous resources and would cause the disruption of established neighborhoods and the diminution of community identity.

(7)  The preservation, restoration, redevelopment, and revitalization of such areas is a task of great importance and urgency which requires effective public action.

(8)  The development of policy and the establishment of priorities for redevelopment projects in these neighborhoods requires substantial advice and input from residents of the area, and the participation of area residents leads to increased community pride and awareness of redevelopment efforts.

(9)  The amount of public resources currently available or likely to be available in the future for the revitalization of Florida's distressed areas is grossly inadequate in proportion to the size of the problem.

(10)  A viable means of eliminating or reducing these deteriorating economic conditions and encouraging local resident participation and support is to provide support assistance and resource investment to community development corporations.

(11)  This section shall stand repealed on June 30, 1998.

History.--s. 2, ch. 80-250; s. 7, ch. 91-262.

Note.--Former s. 288.602.

290.032  Policy and purpose.--It is the policy of this state to provide the necessary means to preserve and improve the health and vitality of its established communities by enabling them to restore and expand their commercial and industrial base and to reverse the deterioration of their residential and public-facility assets. The purpose of this act is to assist community development corporations in undertaking projects, in concert with state and local government and private enterprise, designed to create and maintain a sound industrial base, to revitalize the health of established commercial areas, to promote employment opportunities, to preserve and rehabilitate existing residential neighborhoods, and to provide safe, decent, affordable housing for residents of these areas. The Legislature, therefore, declares that the development, redevelopment, preservation, restoration, and revitalization of such communities and all the purposes of this act are public purposes for which public money may be used. This section shall stand repealed on June 30, 1998.

History.--s. 3, ch. 80-250; s. 8, ch. 91-262.

Note.--Former s. 288.603.

290.033  Definitions.--As used in this act, the term:

(1)  "Department" means the Department of Community Affairs.

(2)  "Community development corporation" means a community-based organization which facilitates or financially supports revenue-generating business for the purpose of community and economic development, based in a specific geographic area, controlled by residents, and committed to enhancing community well-being, and which may also be known as a "CDC."

(3)  "Fund" means the Operating Trust Fund.

(4)  "Project" means a public and private activity or series of activities, designed to be carried out in a specific, definable location, that achieves objectives which are consistent with the provisions and intent of this act.

(5)  "Secretary" means the Secretary of Community Affairs.

(6)  "Service area" or "target area" means the entire area in which a community development corporation operates and in which community development grant and loan funds are to be spent.

(7)  "Permanent job" means a full-time position, the duration of which exceeds 12 months and which consists of an average of at least 30 hours per week of employment.

(8)  "Temporary job" means a full-time or part-time position, the duration of which exceeds 45 days, which consists of an average of at least 15 hours per week of employment, and which is not a permanent job.

(9)  This section shall stand repealed on June 30, 1998.

History.--s. 4, ch. 80-250; s. 27, ch. 81-167; s. 10, ch. 82-119; s. 29, ch. 83-55; s. 1, ch. 84-240; s. 9, ch. 91-262; s. 30, ch. 93-120.

Note.--Former s. 288.604.

290.034  Operating Trust Fund; priority of use.--

(1)  The Legislature shall annually provide funding in the General Appropriations Act for the Community Development Corporation Support and Assistance Program. The funds appropriated for the program shall be deposited in the State Treasury in a fund established and designated as the Operating Trust Fund, which shall be administered by the department. The appropriation for the program shall be apportioned by the Legislature between loans and administrative grants to community development corporations. All funds deposited in the trust fund and not needed for immediate disbursement shall be invested pursuant to s. 18.125 and the interest earned shall be deposited in the trust fund. The administrative costs of the program shall be annually set in the General Appropriations Act and shall be funded from the trust fund.

(2)  The department shall give priority for loans and administrative grants to those community development corporations the service areas of which include an enterprise zone designated pursuant to s. 290.0065.

(3)  This section shall stand repealed on June 30, 1998.

History.--s. 5, ch. 80-250; s. 11, ch. 81-295; s. 2, ch. 84-240; s. 55, ch. 84-356; s. 18, ch. 87-331; s. 10, ch. 91-262; s. 29, ch. 93-120; s. 38, ch. 94-136.

Note.--Former s. 288.605.

290.035  Eligibility for assistance.--Community development corporations meeting the following requirements shall be eligible for assistance:

(1)  The community development corporation must be a nonprofit corporation under state law or a local development company established under state law and certified to be eligible to participate in the Small Business Administration Loan Program under s. 502 of the Small Business Investment Act of 1958, as amended, and must meet the following further requirements:

(a)  Its membership must be open to all service area residents 18 years of age or older.

(b)  A majority of its board members must be elected by those members of the corporation who are service area residents.

(c)  Elections must be held annually for at least a third of the elected board members so that elected members serve terms of no more than 3 years.

(d)  Elections must be adequately publicized within the service area, and ample opportunity must be provided for full participation.

(e)  At least one of the board members shall be appointed by the Governor.

(2)  The community development corporation shall maintain a service area in which economic development projects are located which meets one or more of the following criteria:

(a)  The area has been designated pursuant to s. 163.355 as a slum area or a blighted area as defined in s. 163.340(7) or (8) or is located completely within the boundaries of a slum or blighted area.

(b)  The area is a community development block grant program area in which community development block grant funds are currently being spent or have been spent during the last 3 years as certified by the local government in which the service area is located.

(c)  The area is a neighborhood housing service district.

(d)  The area is contained within an enterprise zone designated pursuant to s. 290.0065.

(3)  This section shall stand repealed on June 30, 1998.

History.--s. 6, ch. 80-250; s. 182, ch. 81-259; s. 11, ch. 82-119; s. 137, ch. 83-217; s. 3, ch. 84-240; s. 43, ch. 88-201; s. 11, ch. 91-262; s. 39, ch. 94-136.

Note.--Former s. 288.606.

290.036  Community development corporation support program.--

(1)  The secretary is authorized to award administrative grants, within the limits of specific appropriations, to eligible applicants for staff salaries and administrative expenses. Persons, equipment, supplies, and other resources funded in whole or in part by grant funds shall then be utilized to further the purposes of this act. Eligible activities include, but are not limited to:

(a)  Preparing grant and loan applications, proposals, fundraising letters, and other documents essential to securing additional administrative or venture funds to further the purposes of this act.

(b)  Monitoring and administering grants and loans, providing technical assistance to businesses, and any other administrative tasks essential to maintaining funding eligibility or meeting contractual obligations.

(c)  Developing local programs to encourage the participation of financial institutions, insurance companies, attorneys, architects, engineers, planners, law enforcement officers, developers, and other professional firms and individuals providing services beneficial to redevelopment efforts.

(d)  Providing management, technical, accounting, and financial assistance and information to businesses and entrepreneurs interested in locating, expanding, or operating in the service area.

(e)  Coordinating with state, federal, and local governments and other nonprofit organizations to ensure that activities meet local plans and ordinances and to avoid duplication of tasks.

(f)  Preparing plans or performing research to identify critical needs within the service area and developing approaches to address those needs.

(g)  Assisting service area residents in identifying and determining eligibility for state, federal, and local housing programs including rehabilitation, weatherization, home ownership, rental assistance, or public housing programs.

(h)  Developing, owning, and managing housing designed for low-income and moderate-income persons or industrial parks providing jobs to low-income and moderate-income persons.

(2)  A community development corporation applying for an administrative grant pursuant to this section must submit a proposal to the department which includes:

(a)  A map and narrative description of the service area for the community development corporation;

(b)  A copy of the documents creating the community development corporation;

(c)  A listing of the membership of the board;

(d)  The proposed 3-year plan for expenditure of the funds, including goals, objectives, and expected results; and

(e)  Other supporting information which may be required by the secretary.

(3)  The amount of any administrative grant to a community development corporation in any one year shall be any amount up to $100,000. The department may fund up to 18 community development corporations each year as provided for in the General Appropriations Act. The department shall develop a diminishing scale of funding each year based on the annual appropriation to ensure compliance with this section and s. 290.0365.

(4)  The department may provide grants on a multiyear basis, provided that:

(a)  Such grants shall not exceed 3 years.

(b)  Community development corporations designated to receive multiyear grants provide a detailed plan of activities to be accomplished during each year of the grant period.

(c)  All contracts containing multiyear commitments contain the following statement: "The State of Florida's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature."

(5)  A community development corporation that receives an administrative grant shall submit to the department an annual year-end audit performed by an independent certified public accountant.

(6)  In evaluating proposals pursuant to this section, the secretary shall develop and consider scoring criteria including, but not limited to, the following:

(a)  The relative degree of distress of the service area of the community development corporation.

(b)  The demonstrable capacity of the community development corporation to improve the economic health of the service area and carry out the activities contained in the 3-year plan.

(c)  The degree to which the community development corporation would provide assistance to low-income persons.

(d)  The percentage of the community development corporation service area which overlaps an enterprise zone designated pursuant to s. 290.0065.

(e)  The extent to which the community development corporation utilizes the loan program authorized by s. 290.037.

(f)  The number of preceding years during the history of the program in which the community development corporation has not received state administrative support.

(g)  The extent to which the proposal would further the policy and purposes of this act.

(7)  This section shall stand repealed on June 30, 1998.

History.--s. 7, ch. 80-250; s. 12, ch. 82-119; s. 4, ch. 84-240; s. 36, ch. 88-201; s. 8, ch. 89-352; ss. 12, 13, ch. 91-262; s. 31, ch. 93-120; s. 40, ch. 94-136.

Note.--Former s. 288.607.

290.0365  Community development corporation planning grants.--In any state fiscal year in which a competitive scoring cycle is not conducted pursuant to s. 290.036(4), the secretary may reserve up to 10 percent of the annual appropriation for administrative grants for distribution to community development corporations which have not received an administrative support grant at any time during the previous history of the program. Grants awarded under this section shall be for planning and organizational purposes and shall be awarded according to the selection process specified in s. 290.036. No community development corporation shall be awarded more than two planning grants. Community development corporations receiving funds under this section shall submit the information required by s. 290.036(2) and shall be subject to all applicable requirements of ss. 290.035, 290.036, 290.037, 290.038, and 290.039, as determined by the secretary. This section shall stand repealed on June 30, 1998.

History.--s. 14, ch. 91-262.

290.037  Community development deferred payment loan program.--

(1)  The secretary is authorized to make loans, within the limits of specific appropriations, to eligible applicants for the following purposes:

(a)  Establishment of a new business venture;

(b)  Financial assistance to an existing business venture located within the community development corporation service area; and

(c)  New construction or substantial rehabilitation of housing to be utilized by low-income families and individuals.

(2)  A community development corporation applying for a loan pursuant to this section must submit the information required by s. 290.036(2).

(3)  In no case shall loans to one community development corporation exceed 40 percent of the total annual appropriation for loans during any given year.

(4)  A community development corporation that receives a loan shall submit to the department an annual audit performed by an independent certified public accountant; however, this subsection shall not be construed to require the submittal of more than one audit by an individual community development corporation submitting pursuant to s. 290.036.

(5)  In evaluating proposals pursuant to this section, the secretary shall consider:

(a)  The economic feasibility of the project and the capacity of the venture to repay the loan;

(b)  The relative degree of distress of the target area;

(c)  The ratio of private and nonstate public money committed to a project to the amount of state money to be committed;

(d)  The demonstrated inability of the borrower to secure funding from conventional sources at the terms offered by the community development corporation;

(e)  The number of temporary and permanent jobs generated by the project;

(f)  The overall net positive impact of the project on local economic and social conditions;

(g)  The degree to which the project directly benefits or provides assistance to low-income or job-displaced individuals; and

(h)  The demonstrable capacity of the community development corporation to see that the project is successfully carried out.

(6)  All loans to the community development corporation shall be interest free and shall be repaid within 15 years on a basis approved by the secretary, except as provided in subsection (7).

(7)  Upon the termination of any project as a result of the sale or failure of the business, all recoverable state funds shall be returned to the department for deposit into the Operating Trust Fund. When losses are incurred, the amount returned to the state shall be reduced so that the state absorbs losses in proportion to the amount of equity held by the community development corporation compared to the total equity held in the business venture or the amount lost by all other comparable creditors in those cases in which a loan has been extended to a business venture by a community development corporation.

(8)  This section shall stand repealed on June 30, 1998.

History.--s. 8, ch. 80-250; s. 13, ch. 82-119; s. 5, ch. 84-240; s. 15, ch. 91-262; s. 32, ch. 93-120.

Note.--Former s. 288.608.

290.038  Authority and duties of the department.--

(1)  The department shall have all the powers necessary or appropriate to carry out the purposes and provisions of this act.

(2)  The department may:

(a)  Make contracts and agreements with the Federal Government; other agencies of the state; any other public agency; or any other public person, association, corporation, local government, or other entity in exercising its powers and performing its duties under this act.

(b)  Secure directly from any agency of the state information necessary to enable it to carry out the provisions of this act.

(c)  Facilitate collaboration among appropriate agencies for efficient use of scarce resources.

(d)  Seek and accept funding from any public or private source.

(e)  Adopt and enforce rules not inconsistent with this act for the administration of the program.

(f)  Assist in training employees of community development corporations to help achieve and increase their capacity to administer programs pursuant to this act and provide technical assistance and advice to community development corporations involved with these programs.

(3)  This section shall stand repealed on June 30, 1998.

History.--s. 9, ch. 80-250; s. 6, ch. 84-240; s. 16, ch. 91-262; s. 33, ch. 93-120.

Note.--Former s. 288.609.

290.039  Reporting requirements.--

(1)  Community development corporations which receive funds under the Community Development Support and Assistance Program shall provide the following information to the department annually:

(a)  A listing of business firms and individuals assisted by the community development corporation during the reporting period.

(b)  A listing of the type, source, purpose, and amount of each individual grant, loan, or donation received by the community development corporation during the reporting period.

(c)  The number of housing units rehabilitated or constructed by the community development corporation within the service area during the reporting period.

(d)  The number and amount of loans made to businesses or individual entrepreneurs in the service area during the reporting period.

(e)  The number of outstanding loans made to businesses or individuals in the service area by the community development corporation, the balance of the loans, and the payment history of the borrowers during the reporting period.

(f)  The amount of assets and liabilities and the fund balance for the community development corporation at the beginning and end of the reporting period.

(g)  The number of jobs, both permanent and temporary, received by individuals who were directly assisted by the community development corporation through assistance to the business such as a loan or other credit assistance.

(h)  The number of paid and voluntary positions within the community development corporation.

(i)  A listing of the salaries and administrative expenses of the community development corporation.

(j)  The number and description of projects attempted, the number and description of projects completed, and a written explanation of the reasons causing projects not to be completed.

(k)  An identification and explanation of changes to the service area boundaries.

(l)  Such other information as the department may require.

(2)  The department shall submit an annual report to the Speaker of the House of Representatives and President of the Senate which contains the cumulative data submitted by the individual community development corporations pursuant to subsection (1). The report shall be submitted by January 1 of each year.

(3)  This section shall stand repealed on June 30, 1998.

History.--s. 17, ch. 91-262; s. 34, ch. 93-120.

290.0395  Evaluation and review.--

(1)  Prior to the 1998 Regular Session of the Legislature, the Auditor General shall perform a review and evaluation of ss. 290.0301-290.039, using the reporting data specified in s. 290.039 and any other data identified by the department and the Auditor General as crucial to the evaluation of this program. The report shall critique the Community Development Corporation Support and Assistance Program and shall include an analysis of the physical impact of the program on residential and commercial structures in the community development corporation service areas, an analysis of changes in state and local revenues, and an analysis of the impact of the program on business activity. The analysis shall attempt to investigate the significance of the relationship between administrative funding and the economic health of the community development corporation service areas. The report shall attempt to demonstrate changes in productivity based on fluctuations in funding levels. The report shall note extreme circumstances which may affect the results of the evaluation.

(2)  A report of the findings and recommendations of the Auditor General shall be submitted to the President of the Senate and the Speaker of the House of Representatives prior to the 1998 Regular Session.

(3)  This section shall stand repealed on June 30, 1998.

History.--s. 18, ch. 91-262.

290.0401  Florida Small Cities Community Development Block Grant Program Act; short title.--Sections 290.0401-290.049 may be cited as the "Florida Small Cities Community Development Block Grant Program Act."

History.--s. 1, ch. 83-205.

290.0411  Legislative intent and purpose of ss. 290.0401-290.049.--It is the intent of the Legislature to provide the necessary means to develop, preserve, redevelop, and revitalize Florida communities exhibiting signs of decline or distress by enabling local governments to undertake the necessary community development programs. The overall objective is to create viable communities by providing decent housing and suitable living environments and expanding economic opportunities, principally for persons of low or moderate income. The purpose of ss. 290.0401-290.049 is to assist local governments in carrying out effective community development activities to arrest and reverse community decline and restore community vitality. Community development activities to maintain viable communities, revitalize existing communities, expand economic development and employment opportunities, and improve housing conditions and expand housing opportunities, providing direct benefit to persons of low or moderate income, are the primary purposes of ss. 290.0401-290.049. The Legislature, therefore, declares that the development, redevelopment, preservation, and revitalization of communities in this state and all the purposes of ss. 290.0401-290.049 are public purposes for which public money may be borrowed, expended, loaned, pledged to guarantee loans, and granted.

History.--s. 2, ch. 83-205; s. 43, ch. 97-278.

290.042  Definitions.--As used in ss. 290.0401-290.049, the term:

(1)  "Administrative closeout" means the notification of a grantee by the department that all applicable administrative actions and all required work of the grant have been completed with the exception of the final audit.

(2)  "Administrative costs" means the payment of all reasonable costs of management, coordination, monitoring, and evaluation, and similar costs and carrying charges, related to the planning and execution of community development activities which are funded in whole or in part under the Florida Small Cities Community Development Block Grant Program. Administrative costs shall include all costs of administration, including general administration, planning and urban design, and project administration costs.

(3)  "Department" means the Department of Community Affairs.

(4)  "Eligible activities" means those community development activities authorized in s. 105(a) of Title I of the Housing and Community Development Act of 1974, as amended, and applicable federal regulations.

(5)  "Eligible local government" means any local government which qualifies as eligible to participate in the Florida Small Cities Community Development Block Grant Program in accordance with s. 102(a)(7) of Title I of the Housing and Community Development Act of 1974, as amended, and applicable federal regulations, and any eligibility requirements which may be imposed by this act or by department rule.

(6)  "Person of low or moderate income" means any person who meets the definition established by the Department of Community Affairs in accordance with the guidelines established in Title I of the Housing and Community Development Act of 1974, as amended.

(7)  "Service area" means the total geographic area to be directly or indirectly served by a community development block grant project where at least 51 percent of the residents are low-income and moderate-income persons.

History.--s. 3, ch. 83-205; s. 70, ch. 85-80; s. 3, ch. 85-223; s. 1, ch. 90-275.

290.043  Florida Small Cities Community Development Block Grant Program; administration.--There is created the Florida Small Cities Community Development Block Grant Program. The Department of Community Affairs shall administer the program as authorized and described in Title I of the Housing and Community Development Act of 1974, as amended; Pub. L. No. 93-383, as amended by Pub. L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C. ss. 5301 et seq.

History.--s. 4, ch. 83-205.

290.044  Florida Small Cities Community Development Block Grant Program Fund; administration; distribution.--

(1)  The Florida Small Cities Community Development Block Grant Program Fund is created. All revenue designated for deposit in such fund shall be deposited by the appropriate agency. The department shall administer this fund as a grant and loan guarantee program for carrying out the purposes of ss. 290.0401-290.049.

(2)  The department shall distribute such funds as loan guarantees and grants to eligible local governments on the basis of a competitive selection process.

(3)  The department shall define the broad community development objective to be achieved by the activities in each of the following grant program categories, and require applicants for grants to compete against each other in these grant program categories:

(a)  Housing.

(b)  Economic development.

(c)  Neighborhood revitalization.

(d)  Commercial revitalization.

(4)  The percentage of funds distributed in each of the grant program categories from federal funds for federal fiscal year 1985 shall be established by the Legislature in the appropriation process for the 1984 regular session and shall be established annually thereafter in the same manner. The department shall submit its recommendation on the distribution percentages to the Governor and Legislature as part of its regular budget proposals. The department shall provide for the set-aside of an amount of up to 10 percent of the funds allocated to the neighborhood revitalization category in its distribution percentages for use in any eligible local government jurisdiction for which an emergency or natural disaster has been declared by executive order. Such funds may only be provided to a local government to fund eligible emergency-related activities for which no other source of federal, state, or local disaster funds is available. The department shall provide for such set-aside by rule. In the last quarter of the state fiscal year, any funds not allocated under the emergency-related set-aside shall be used to fully fund any applications which were partially funded due to inadequate funds in the most recently completed neighborhood revitalization category funding cycle, and then any remaining funds shall be distributed to the next unfunded applications.

(5)  The department shall establish a system of monitoring grants, including site visits, to ensure the proper expenditure of funds and compliance with the conditions of the recipient's contract. The department shall establish criteria for implementation of internal control, to include, but not be limited to, the following measures:

(a)  Ensuring that subrecipient audits performed by a certified public accountant are received and responded to in a timely manner.

(b)  Establishing a uniform system of monitoring that documents appropriate followup as needed.

(c)  Providing specific justification for contract amendments that takes into account any change in contracted activities and the resultant cost adjustments which shall be reflected in the amount of the grant.

History.--s. 5, ch. 83-205; s. 1, ch. 85-223; s. 2, ch. 90-275; s. 44, ch. 97-278.

290.0455  Small Cities Community Development Block Grant Loan Guarantee Program.--

(1)  The Small Cities Community Development Block Grant Loan Guarantee Program is created. The department shall administer the loan guarantee program pursuant to s. 108 of Title I of the Housing and Community Development Act of 1974, as amended, and as further amended by s. 910 of the Cranston-Gonzalez National Affordable Housing Act. The purpose of the Small Cities Community Development Block Grant Loan Guarantee Program is to guarantee, or to make commitments to guarantee, notes or other obligations issued by public entities for the purposes of financing activities enumerated in 24 C.F.R. s. 570.703.

(2)  Activities assisted under the loan guarantee program must meet the requirements contained in 24 C.F.R. ss. 570.700-570.710 and may not otherwise be financed in whole or in part from the Florida Small Cities Community Development Block Grant Program.

(3)  The department may pledge existing revenues on deposit or future revenues projected to be available for deposit in the Florida Small Cities Community Development Block Grant Program in order to guarantee, in whole or in part, the payment of principal and interest on a loan made under the loan guarantee program.

(4)  The department must submit all applications it receives to the United States Department of Housing and Urban Development for loan approval, in the order received, subject to the department determining that the application meets all eligibility requirements contained in 24 C.F.R. ss. 570.700-570.710, and provided that the applicant has submitted the proposed activity to a loan underwriter to document its financial feasibility.

(5)  The maximum amount of loan guarantee commitments that any eligible local government may receive may be limited to $7 million pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan guarantee commitments statewide may not exceed an amount equal to five times the amount of the most recent grant received by the department under the Florida Small Cities Community Development Block Grant Program.

(6)  Loans guaranteed by the loan guarantee program must be repaid within 20 years.

(7)  Loan guarantees may be used for an activity only if the local government provides evidence to the department that alternative financing services were investigated and were unavailable or insufficient to meet the financing needs of the activity.

(8)  The department must, before approving an application for a loan, evaluate the applicant's prior administration of block grant funds for community development. The evaluation of past performance must take into account the procedural aspects of previous grants or loans as well as substantive results. If the department finds that any applicant has failed to substantially accomplish the results proposed in the applicant's last previously funded application, the department may prohibit the applicant from receiving a loan or may penalize the applicant in the rating of the current application.

History.--s. 45, ch. 97-278.

290.046  Applications for grants; procedures; requirements.--

(1)  In applying for a grant under a specific program category, an applicant shall propose eligible activities that directly address the objective of that program category.

(2)(a)  Except as provided in paragraph (c), each eligible local government may submit an application for a grant under either the housing program category or the neighborhood revitalization program category during each annual funding cycle. An applicant may not receive more than one grant in any state fiscal year from any of the following categories: housing, neighborhood revitalization, or commercial revitalization.

(b)  Except as provided in paragraph (c), each eligible local government may apply up to three times in any one annual funding cycle for a grant under the economic development program category but shall receive no more than one such grant per annual funding cycle. Applications for grants under the economic development program category may be submitted at any time during the annual funding cycle, and such grants shall be awarded no less frequently than three times per funding cycle. The department shall establish minimum criteria pertaining to the number of jobs created for persons of low or moderate income, the degree of private sector financial commitment, and the economic feasibility of the proposed project and shall establish any other criteria the department deems appropriate. Assistance to a private, for-profit business may not be provided from a grant award unless sufficient evidence exists to demonstrate that without such public assistance the creation or retention of such jobs would not occur.

(c)1.  Local governments with an open housing, neighborhood revitalization, or commercial revitalization contract shall not be eligible to apply for another housing, neighborhood revitalization, or commercial revitalization grant until administrative closeout of their existing contract. The department shall notify a local government of administrative closeout or of any outstanding closeout issues within 45 days of receipt of a closeout package from the local government. Local governments with an open housing, neighborhood revitalization, or commercial revitalization community development block grant contract whose activities are on schedule in accordance with the expenditure rates and accomplishments described in the contract may apply for an economic development grant.

2.  Local governments with an open economic development community development block grant contract whose activities are on schedule in accordance with the expenditure rates and accomplishments described in the contract may apply for a housing or neighborhood revitalization and a commercial revitalization community development block grant. Local governments with an open economic development contract whose activities are on schedule in accordance with the expenditure rates and accomplishments described in the contract may receive no more than one additional economic development grant in each fiscal year.

(d)  Beginning October 1, 1988, the department shall award no grant until the department has determined, based upon a site visit, that the proposed area matches and adheres to the written description contained within the applicant's request. If, based upon review of the application or a site visit, the department determines that any information provided in the application which affects eligibility or scoring has been misrepresented, the applicant's request shall be rejected by the department pursuant to s. 290.0475(7). Mathematical errors in applications which may be discovered and corrected by readily computing available numbers or formulas provided in the application shall not be a basis for such rejection.

(3)(a)  Each application shall be ranked competitively based on community need and program impact. Community need shall be weighted 25 percent. Program impact shall be weighted 65 percent. Outstanding performance in equal opportunity employment and housing shall be weighted 10 percent.

(b)  The criteria used to measure community need shall include, at a minimum, indicators of the extent of poverty in the community and the condition of physical structures. Each application, regardless of the program category for which it is being submitted, shall be scored competitively on the same community need criteria. In recognition of the benefits resulting from the receipt of grant funds, the department shall provide for the reduction of community need scores for specified increments of grant funds provided to a local government since the state began using the most recent census data. In the year in which new census data are first used, no such reduction shall occur.

(c)  The criteria used to measure the impact of an applicant's proposed activities shall include, at a minimum, indicators of the direct benefit received by persons of low income and persons of moderate income, the extent to which the problem identified is addressed by the proposed activities, and the extent to which resources other than the funds being applied for under this program are being used to carry out the proposed activities.

(d)  Applications shall be scored competitively on program impact criteria that are uniquely tailored to the community development objective established in each program category. The criteria used to measure the direct benefit to persons of low income and persons of moderate income shall represent no less than 42 percent of the points assigned to the program impact factor. For the housing and neighborhood revitalization categories, the department shall also include the following criteria in the scoring of applications:

1.  The proportion of very-low-income and low-income households served.

2.  The degree to which improvements are related to the health and safety of the households served.

(4)  An applicant for a neighborhood revitalization or commercial revitalization grant shall demonstrate that its activities are to be carried out in distinct service areas which are characterized by the existence of slums or blighted conditions, or by the concentration of persons of low or moderate income.

(5)  In order to provide citizens with information concerning an applicant's proposed program before an application is submitted to the department, the applicant shall:

(a)  Make available to the public information concerning the amounts of funds available for various activities and the range of activities that may be undertaken.

(b)  Hold at least one public hearing to obtain the views of citizens on community development needs.

(c)  Develop and publish a summary of the proposed application that will provide citizens with an opportunity to examine its contents and submit their comments.

(d)  Consider any comments and views expressed by citizens on the proposed application and, if appropriate, modify the proposed application.

(e)  Hold at least one public hearing in the jurisdiction within which the project is to be implemented to obtain the views of citizens on the final application prior to its submission to the department.

(6)  The local government shall establish a citizen advisory task force composed of citizens in the jurisdiction in which the proposed project is to be implemented to provide input relative to all phases of the project process. The local government must obtain consent from the Department of Community Affairs for any other type of citizen participation plan upon a showing that such plan is better suited to secure citizen participation for that locality.

(7)  The department shall, prior to approving an application for a grant, determine that the applicant has the administrative capacity to carry out the proposed activities and has performed satisfactorily in carrying out past activities funded by community development block grants. The evaluation of past performance shall take into account procedural aspects of previous grants as well as substantive results. If the department determines that any applicant has failed to accomplish substantially the results it proposed in its last previously funded application, it may prohibit the applicant from receiving a grant or may penalize the applicant in the rating of the current application. No application for grant funds may be denied solely upon the basis of the past performance of the eligible applicant.

History.--s. 6, ch. 83-205; s. 2, ch. 85-223; s. 37, ch. 88-201; s. 3, ch. 90-275.

290.047  Establishment of grant ceilings and maximum administrative cost percentages; elimination of population bias; loans in default.--

(1)  For all program categories, the department shall incorporate into its system of competitively ranking applications a procedure intended to eliminate or reduce any existing population-related bias that places exceptionally small communities at a disadvantage in the competition for funds. In no case may there be reserved specifically for exceptionally small communities a portion of the funds to be distributed. Instead, a procedure shall be established whereby the scores of exceptionally small communities are compared to each other rather than to larger communities.

(2)  The department shall establish grant ceilings for each program category. These ceilings shall bear some relationship to an applicant's total population or its population living below the federal poverty level. Population ranges may be used in establishing these ceilings. In no case, however, may a grant ceiling be set above $750,000 or below $300,000.

(3)  The maximum percentage of block grant funds that can be spent on administrative costs by an eligible local government shall be 15 percent for the housing program category, 8 percent for both the neighborhood and the commercial revitalization program categories, and 8 percent for the economic development program category. The purpose of the ceiling is to maximize the amount of block grant funds actually going toward the redevelopment of the area. The department will continue to encourage eligible local governments to consider ways to limit the amount of block grant funds used for administrative costs, consistent with the need for prudent management and accountability in the use of public funds. This subsection shall not be construed, however, to prohibit eligible local governments from contributing their own funds or making in-kind contributions to cover administrative costs which exceed the prescribed ceilings, provided that all such contributions come from local government resources other than Community Development Block Grant funds.

(4)  The department shall develop by rule grant administration procurement procedures for eligible local governments. These procedures shall include, but not be limited to, the evaluation of an individual or business entity based upon past performance in the administration of community development block grants and based upon the type, number, and geographic distribution of grants to be administered.

(5)  An eligible local government shall not contract with the same individual or business entity for more than one service to be performed in connection with a community development block grant, including, but not limited to, application preparation services, administration services, architectural services, engineering services, and construction services, unless it can be demonstrated by the eligible local government that such individual or business entity either is the sole source of the service or is the responsive proposer whose proposal is determined in writing as a result of a competitive process to be the most advantageous to the local government.

(6)  The maximum percentage of block grant funds that may be spent on engineering costs by an eligible local government shall be in accordance with a schedule adopted by the department by rule. Any such schedule so adopted shall be consistent with the schedule used by the United States Farmer's Home Administration as applied to projects in Florida or another comparable schedule as amended.

(7)  Grant ceilings do not apply to the loan guarantee program authorized in s. 290.0455.

(8)  If an applicant was the sponsor of an activity under the Small Cities Community Development Block Grant Loan Guarantee Program, and the loan for such activity is in default, thereby requiring the department to reduce its annual grant award in order to pay the annual debt service on the applicant's loan, the department shall reduce the grant ceiling available to such applicant in an amount equal to the amount of the state's grant award required to be used for the loan debt service.

History.--s. 7, ch. 83-205; s. 4, ch. 85-223; s. 38, ch. 88-201; s. 4, ch. 90-275; s. 46, ch. 97-278.

290.0475  Rejection of grant applications; penalties for failure to meet application conditions.--Applications received for funding under all program categories shall be rejected without scoring only in the event that any of the following circumstances arise:

(1)  The application is not received by the department by the application deadline.

(2)  The proposed project does not meet one of the three national objectives as contained in federal and state legislation.

(3)  The proposed project is not an eligible activity as contained in the federal legislation.

(4)  The application is not consistent with the local government's comprehensive plan adopted pursuant to s. 163.3184(7).

(5)  The applicant has an open community development block grant, except as provided in s. 290.046(2)(c).

(6)  The local government is not in compliance with the citizen participation requirements prescribed in ss. 104(a)(1) and (2) and 106(d)(5)(c) of Title I of the Housing and Community Development Act of 1984 and department rules.

(7)  Any information provided in the application that affects eligibility or scoring is found to have been misrepresented, and the information is not a mathematical error which may be discovered and corrected by readily computing available numbers or formulas provided in the application.

History.--s. 5, ch. 85-223; s. 39, ch. 88-201; s. 5, ch. 90-275.

290.048  General powers of Department of Community Affairs under ss. 290.0401-290.049.--The department has all the powers necessary or appropriate to carry out the purposes and provisions of the program, including the power to:

(1)  Make contracts and agreements with the Federal Government; other agencies of the state; any other public agency; or any other public person, association, corporation, local government, or entity in exercising its powers and performing its duties under ss. 290.0401-290.049.

(2)  Seek and accept funding from any public or private source.

(3)  Adopt and enforce rules not inconsistent with ss. 290.0401-290.049 for the administration of the fund.

(4)  Assist in training employees of local governing authorities to help achieve and increase their capacity to administer programs pursuant to ss. 290.0401-290.049 and provide technical assistance and advice to local governing authorities involved with these programs.

(5)  Adopt and enforce strict requirements concerning an applicant's written description of a service area. Each such description shall contain maps which illustrate the location of the proposed service area. All such maps must be clearly legible and must:

(a)  Contain a scale which is clearly marked on the map.

(b)  Show the boundaries of the locality.

(c)  Show the boundaries of the service area where the activities will be concentrated.

(d)  Display the location of all proposed area activities.

(e)  Include the names of streets, route numbers, or easily identifiable landmarks where all service activities are located.

(6)  Pledge community development block grant revenues from the Federal Government in order to guarantee notes or other obligations of a public entity which are approved pursuant to s. 290.0455.

History.--s. 8, ch. 83-205; s. 40, ch. 88-201; s. 6, ch. 90-275; s. 47, ch. 97-278.

290.049  Advisory council.--

(1)  There is created within the Department of Community Affairs the Community Development Block Grant Advisory Council.

(2)  The purpose of the council is to:

(a)  Advise the department in planning, developing, implementing, and performing evaluation activities related to the Florida Small Cities Community Development Block Grant Program.

(b)  Increase the interchange of information between local governments that participate in the program.

(c)  Heighten public awareness as to the purpose and function of the program.

(3)  The council shall be composed of 13 members appointed by the Secretary of Community Affairs. The secretary shall ensure that minorities receive representation on the council. The secretary shall appoint:

(a)  One representative of the Florida League of Cities.

(b)  One representative of the Florida Association of Counties.

(c)  One representative of regional planning councils.

(d)  Four persons who are engaged in implementing the Florida Small Cities Community Development Block Grant Program.

(e)  Two local government officials.

(f)  Two citizens who represent low-income persons and moderate-income persons.

(g)  Two representatives of statewide housing and community development organizations.

Members shall be appointed to serve terms of 4 years, except that of the members initially appointed, three members shall be appointed for terms of 1 year, three members for terms of 2 years, three members for terms of 3 years, and four members for terms of 4 years. The terms of members shall be designated by the secretary at the time of appointment. A member appointed to the council may not serve beyond the time he or she ceases to hold the office or employment by reason of which the member was eligible for appointment to the council. A vacancy shall be filled only for the unexpired portion of the term. Any member who, without cause, fails to attend two consecutive meetings shall be removed by the secretary. Members may be reappointed.

(4)  The chairperson of the council shall be elected annually by a majority of the council members.

(5)  The council shall meet at the call of its chairperson, at the request of a majority of its members, or at the request of the department; however, the council must meet prior to any significant program revisions or publication of proposed rules pursuant to s. 120.54(3) relating to the program. The council shall meet at least twice each year.

(6)  Members of the council shall serve without compensation, but are entitled to be reimbursed for per diem and travel expenses in accordance with s. 112.061.

(7)  By December 31 of each year, the council shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the secretary a report setting forth:

(a)  A description of the activities of the council.

(b)  Recommendations made by the council to the department regarding rule and policy changes and action taken resulting from the recommendations.

(c)  Plans and objectives to be accomplished by the council in the next year.

(d)  Any recommended changes to this chapter.

(8)  The department shall supply any information, assistance, and facilities as are reasonably requested by the council to carry out its duties and shall provide such staff assistance as is necessary for the council to perform its clerical and administrative functions.

History.--ss. 9, 10, ch. 83-205; s. 7, ch. 90-275; ss. 1, 2, 3, ch. 92-12; s. 239, ch. 95-148; s. 64, ch. 96-410.