CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1456
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Hargrett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 27, between lines 26 and 27,
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16 insert:
17 Section 14. Section 290.0301, Florida Statutes, is
18 amended to read:
19 290.0301 Short title.--Sections 290.0311 through
20 290.0395 shall be known and may be cited as the "Invest in
21 Neighborhood Vitality and Economies Act Community Development
22 Corporation Support and Assistance Program Act." This section
23 shall stand repealed on June 30, 2007 1998.
24 Section 15. Subsections (5), (10), and (11) of section
25 290.0311, Florida Statutes, are amended to read:
26 290.0311 Legislative findings.--The Legislature finds
27 that:
28 (5) This deterioration contributes to the decline of
29 neighborhoods in both rural and urban and surrounding areas,
30 causes a reduction of the value of property comprising the tax
31 base of local communities, and eventually requires the
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1 expenditure of disproportionate amounts of public funds for
2 health, social services, and police protection to prevent the
3 development of slums and the social and economic disruption
4 found in slum communities.
5 (10) A viable means of eliminating or reducing these
6 deteriorating economic conditions and encouraging local
7 resident participation and support is to provide support
8 assistance and resource investment to community-based
9 community development organizations corporations. The
10 Legislature also finds that community-based development
11 organizations can contribute to the creation of jobs in
12 response to federal welfare reform and state WAGES legislation
13 and economic development activities related to urban and rural
14 economic initiatives.
15 (11) This section shall stand repealed on June 30,
16 2007 1998.
17 Section 16. Section 290.032, Florida Statutes, is
18 amended to read:
19 (Substantial rewording of section. See
20 s. 290.032, F.S., for present text.)
21 290.032 Policy and purpose.--It is the policy of this
22 state to improve the quality of neighborhoods as environments
23 in which children and families live, by supporting and
24 fostering positive change in a broad range of domains to
25 achieve comprehensive improvements in conditions throughout
26 the neighborhood over time. Such community or neighborhood
27 redevelopment shall be based on the following principles:
28 (1) Bottom-up, community-focused approach.
29 (2) Enables and supports the effort of the
30 neighborhoods to make improvements.
31 (3) Requires a holistic focus on the neighborhood to
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1 address all needs in coordinated fashion, including:
2 (a) Need for community-based leadership.
3 (b) Empower neighborhood governance of the process.
4 (c) Human service delivery.
5 (d) Public infrastructure.
6 (e) Housing and safety.
7 (f) Economic development.
8 (4) Mandates neighborhood collaboration of all
9 partners.
10 (5) Empowers residents to make decisions on
11 improvements.
12 (6) Builds consensus for a shared vision for the
13 future of the neighborhood.
14 (7) Sets definitive performance goals to achieve
15 specific outcomes for the neighborhood.
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17 The purpose of this act is to assist community-based
18 development organizations in undertaking projects, in concert
19 with state and local government and private enterprise,
20 designed to create and maintain a sound industrial base, to
21 revitalize the health of established commercial areas, to
22 promote and retain employment opportunities, to preserve and
23 rehabilitate existing residential neighborhoods, and to
24 provide safe, decent, affordable housing for residents of
25 these areas. The Legislature, therefore, declares that the
26 development, redevelopment, preservation, restoration, and
27 revitalization of such communities and all the purposes of
28 this act are public purposes for which public moneys may be
29 used. This section shall stand repealed on June 30, 2007.
30 Section 17. Section 290.033, Florida Statutes, is
31 amended to read:
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1 (Substantial rewording of section. See
2 s. 290.033, F.S., for present text.)
3 290.033 Definitions.--As used in this act, the term:
4 (1) "Department" means the Department of Community
5 Affairs.
6 (2) "Community-based development organization" means a
7 community-based nonprofit organization, which may also be
8 known as a "CBDO," that is committed to or engaged in
9 developing or managing real estate or business enterprises in
10 economically distressed neighborhoods. To qualify, an agency
11 must be community based in that the majority of the board is
12 elected by a mix of stakeholders consisting of area residents,
13 area business and property owners, and persons employed in the
14 service area and demonstrate an ability to undertake
15 affordable housing, business assistance, or commercial
16 developments.
17 (3) "Fund" means the Operating Trust Fund.
18 (4) "Neighborhood comprehensive revitalization plan"
19 means a long-term holistic, integrated, and collaborative
20 strategic plan for the improvement of a defined service area
21 or neighborhood that was prepared by and approved by a
22 collaborative partnership of residents, community-based
23 organizations, local government representatives, churches,
24 schools, businesses, and other community stakeholders that
25 sets forth the shared vision for the service area and
26 identifies specific, measurable outcomes. This comprehensive,
27 holistic plan shall address the wide array of interrelated
28 needs including, but not limited to, human services, jobs and
29 economic development, housing, safety, public infrastructure,
30 health care, education, community organization, neighborhood
31 governance, and social organizations. The plan must describe
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1 an organization's mission; include strategies to maintain
2 community involvement; demonstrate innovation, efficiency, and
3 accountability to the benefit of the service area
4 stakeholders; and identify sources of anticipated revenue.
5 (5) "Project" means a public and private activity or
6 series of activities, designed to be carried out in a
7 specific, definable location, that achieve objectives which
8 are consistent with the agency's neighborhood comprehensive
9 revitalization plan and the provisions and intent of this act.
10 (6) "Secretary" means the Secretary of Community
11 Affairs.
12 (7) "Service area" or "target area" means the entire
13 area in which a community-based development organization
14 operates and in which community development grant and loan
15 funds are to be spent.
16 (8) "Permanent job" means a full-time position, the
17 duration of which exceeds 12 months and which consists of an
18 average of at least 30 hours per week of employment.
19 (9) "Temporary job" means a full-time or part-time
20 position, the duration of which exceeds 45 days, which
21 consists of an average of at least 15 hours per week of
22 employment, and which is not a permanent job.
23 (10) This section shall stand repealed on June 30,
24 2007.
25 Section 18. Section 290.035, Florida Statutes, is
26 amended to read:
27 290.035 Eligibility for assistance.--Community-based
28 community development organizations corporations meeting the
29 following requirements shall be eligible for assistance:
30 (1) The community-based community development
31 organization corporation must be a nonprofit corporation under
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1 state law or a local development company established under
2 state law and certified to be eligible to participate in the
3 Small Business Administration Loan Program under s. 502 of the
4 Small Business Investment Act of 1958, as amended, and must
5 meet the following further requirements:
6 (a) Its membership must be open to all service area
7 residents 18 years of age or older.
8 (b) A majority of its board members must be elected by
9 those members of the corporation who are stakeholders
10 comprised of a mix of service area residents, area business
11 and property owners, and area employees.
12 (c) Elections must be held annually for at least a
13 third of the elected board members so that elected members
14 serve terms of no more than 3 years.
15 (d) Elections must be adequately publicized within the
16 service area, and ample opportunity must be provided for full
17 participation.
18 (e) At least one of the board members shall be
19 appointed by the Governor.
20 (2) The community-based community development
21 organization corporation shall maintain a service area in
22 which economic development projects are located which meets
23 one or more of the following criteria:
24 (a) The area has been designated pursuant to s.
25 163.355 as a slum area or a blighted area as defined in s.
26 163.340(7) or (8) or is located completely within the
27 boundaries of a slum or blighted area.
28 (b) The area is a community development block grant
29 program area in which community development block grant funds
30 are currently being spent or have been spent during the last 3
31 years as certified by the local government in which the
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1 service area is located.
2 (c) The area is a neighborhood housing service
3 district.
4 (d) The area is contained within a state an enterprise
5 zone designated on or after July 1, 1995, in accordance with
6 pursuant to s. 290.0065.
7 (e) The area is contained in federal empowerment zones
8 and enterprise communities.
9 (3) This section shall stand repealed on June 30, 2007
10 1998.
11 Section 19. Section 290.036, Florida Statutes, is
12 amended to read:
13 (Substantial rewording of section. See
14 s. 290.036, F.S., for present text.)
15 290.036 Community-based development organization
16 support program; administrative grants and procedures.--
17 (1) The department is authorized to award core and
18 project administrative grants and project implementation
19 loans. Administrative grants shall be used for staff salaries
20 and administrative expenses for eligible community-based
21 development organizations selected through a competitive
22 three-tiered process. The department shall develop a set of
23 criteria for three-tiered funding that shall ensure equitable
24 geographic distribution of the funding throughout the state.
25 This three-tiered plan shall include emerging, intermediate,
26 and mature community-based development organizations
27 recognizing the varying needs of the three tiers. Funding
28 shall be provided for core administrative grants for tier I
29 and tier II community-based development organizations.
30 Priority shall be given to those organizations that
31 demonstrate community-based high performance. However, if all
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1 qualified tier I and tier II community-based development
2 organizations have been funded, qualified tier III
3 community-based development organizations may receive core
4 administrative grants. Project administrative grants tied to
5 project implementation loans shall be available to all levels
6 of community-based development organizations depending upon
7 their capacity. Extensive training and technical assistance
8 shall be available to all community-based development
9 organizations. Persons, equipment, supplies, and other
10 resources funded in whole or in part by grant funds shall then
11 be utilized to further the purposes of this act. Eligible
12 activities include, but are not limited to:
13 (a) Preparing grant and loan applications, proposals,
14 fundraising letters, and other documents essential to securing
15 additional administrative or project funds to further the
16 purposes of this act.
17 (b) Monitoring and administrating grants and loans,
18 providing technical assistance to businesses, and any other
19 administrative tasks essential to maintaining funding
20 eligibility or meeting contractual obligations.
21 (c) Developing local programs to encourage the
22 participation of financial institutions, insurance companies,
23 attorneys, architects, engineers, planners, law enforcement
24 officers, developers, and other professional firms and
25 individuals providing services beneficial to redevelopment
26 efforts.
27 (d) Providing management, technical, accounting, and
28 financial assistance and information to businesses and
29 entrepreneurs interested in locating, expanding, or operating
30 in the service area.
31 (e) Coordinating with state, federal, and local
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1 governments and other nonprofit organizations to ensure that
2 activities meet local plans and ordinances and to avoid
3 duplication of tasks.
4 (f) Preparing plans or performing research to identify
5 critical needs within the service area and developing
6 approaches to address those needs.
7 (g) Assisting service area residents in identifying
8 and determining eligibility for state, federal, and local
9 housing programs including rehabilitation, weatherization,
10 homeownership, rental assistance, or public housing programs.
11 (h) Developing, owning, and managing housing designed
12 for very-low-income persons, low-income persons, or WAGES
13 recipients; or developing, owning, and managing industrial
14 parks providing jobs to very-low-income persons, low-income
15 persons, or WAGES recipients.
16 (i) Preparing the neighborhood comprehensive
17 revitalization plan with baseline data, outcome measures, and
18 estimates of service area impact as a result of job-generating
19 or revenue-generating businesses, or enterprise assistance, or
20 units of commercial, industrial, or affordable housing
21 developments.
22 (2) A community-based development organization
23 applying for an administrative grant pursuant to this section
24 must submit a proposal to the department which includes:
25 (a) A map and narrative description of the service
26 areas for the community-based development organization.
27 (b) A copy of the documents creating the
28 community-based development organization.
29 (c) A listing of the membership of the board,
30 including individual terms of office.
31 (d) An annual plan that describes the expenditure of
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1 the funds, including goals, objectives, and expected results,
2 and which has a clear relationship to the agency's
3 neighborhood comprehensive revitalization strategy.
4 (e) Other supporting information which may be required
5 by the department.
6 (3) The amount of any core administrative grant to an
7 emerging community-based development organization in any 1
8 year shall be no more than $50,000. The amount of any core
9 administrative grant to an intermediate community-based
10 development organization shall be no more than $45,000. The
11 amount of core administrative grant to a mature
12 community-based development organization shall be no more than
13 $40,000. The department may fund as many community-based
14 development organizations each year as is permitted based on
15 the level of funds provided for in the General Appropriations
16 Act.
17 (4) The amount of any project administrative grant to
18 any community-based development organization shall be no more
19 than $15,000 for every $100,000 of project implementation
20 loans.
21 (5) A community-based development organization that
22 receives funding hereunder shall submit to the department an
23 annual year-end audit performed by an independent certified
24 public accountant.
25 (6) In evaluating proposals pursuant to this section,
26 the department shall develop and consider scoring criteria
27 including, but not limited to, the following:
28 (a) The relative degree of distress of the service
29 areas of the community-based development organization.
30 (b) The demonstrable capacity of the community-based
31 development organization to improve the economic health of the
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1 service area and carry out the activities contained in the
2 long-term revitalization plan.
3 (c) The degree to which the community-based
4 development organization would provide assistance to
5 very-low-income persons, low-income persons, and particularly
6 WAGES recipients.
7 (d) The service area of the community-based
8 development organization which is located in whole or in part
9 within a state enterprise zone designated pursuant to s.
10 290.0065, a federal empowerment zone, or an enterprise
11 community.
12 (e) The extent to which the proposal would further the
13 policy and purposes of this act.
14 (7) The department is authorized to award project
15 administrative grants from the fund to community-based
16 development organizations for staff salaries, administrative
17 expenses, and the added cost of technical assistance directly
18 related to job-generating and revenue-generating enterprises,
19 including business, commercial, or affordable housing
20 developments. Eligible organizations shall apply for
21 competitive funding under the three categories of: business
22 assistance, commercial, and affordable housing development.
23 The allocations of funds to these three categories will be
24 made by the department subject to funding availability and
25 trends in the amount of qualified proposals submitted under
26 each category. Community-based development organizations
27 receiving funds under this section shall be subject to all
28 applicable requirements of ss. 290.034(1), 290.035, 290.037,
29 290.038, and 290.039, as determined by the department.
30 (8) The department shall award funding hereunder based
31 upon a three-tiered approach which recognizes the differing
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1 capacities of new and emerging, intermediate, and mature
2 community-based development organizations. No community-based
3 development organization may apply for funding in more than
4 one tier in any 1 fiscal year.
5 (a) Tier I, for new and emerging community-based
6 development organizations, shall offer, on a competitive
7 basis, a minimum of five core administrative grants of up to
8 $50,000, annually. Once tier I community-based development
9 organizations have achieved a minimum level of capacity, they
10 shall be eligible to apply for, on a competitive funding
11 basis, a project implementation loan of no more than $100,000
12 and an accompanying project administrative grant of up to
13 $15,000. Tier I community-based development organizations
14 shall also receive extensive training and technical assistance
15 designed to enhance the organization's capacity and thereby
16 enable it to undertake more complex development projects.
17 (b) Tier II, for intermediate level community-based
18 development organizations, shall be eligible to apply on a
19 competitive basis for core administrative grants of up to
20 $45,000, annually, and shall be eligible to apply for, on a
21 competitive basis, project implementation loans of up to
22 $300,000, annually, per community-based development
23 organization and an accompanying project administrative grant
24 of up to $45,000. Tier II community-based development
25 organizations shall also receive training and technical
26 assistance services hereunder.
27 (c) Tier III, for mature level community-based
28 development organizations, shall be eligible to apply, on a
29 competitive basis, for core administrative grants of up to
30 $40,000, annually. Such community-based development
31 organizations shall be eligible to apply for, on a competitive
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1 basis, project implementation loans of up to $400,000,
2 annually, per community-based development organization and an
3 accompanying project administrative grant of up to $60,000.
4 Tier III community-based development organizations shall also
5 receive training and technical assistance services hereunder.
6 (d) No development project funded hereunder shall
7 exceed $200,000, annually, per community-based development
8 organization. A community-based development organization can
9 apply for project implementation loans in up to three
10 categories of business development, affordable housing, and
11 commercial development, within the dollar limitations
12 contained herein. Project implementation grants shall be based
13 on up to $15,000 in grant funds for every $100,000 awarded in
14 loan funds.
15 (9) A community-based development organization
16 applying for project administrative grants pursuant to this
17 section must submit a proposal to the department which
18 includes:
19 (a) A map and narrative description of the target
20 areas for the community-based development organization.
21 (b) A copy of the documents creating the
22 community-based development organization.
23 (c) A listing of the membership of the board,
24 including individual terms of office.
25 (d) A copy of the community-based development
26 organization's neighborhood comprehensive revitalization plan.
27 (e) A description of the location, financing plan, and
28 potential impact of the business enterprise or residential,
29 commercial, or industrial development which shows a clear
30 relationship to the organization's neighborhood comprehensive
31 revitalization plan and demonstrates how the proposed
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1 expenditures are directly related to the project.
2 (10) In evaluating proposals pursuant to this section,
3 the department shall develop and consider scoring criteria,
4 including, but not limited to, the following:
5 (a) The reasonableness of project goals and production
6 schedules.
7 (b) Prior experience and performance of the applicant
8 in the production of similar housing, commercial, or business
9 developments.
10 (c) The extent of financial leveraging with private
11 and public funding.
12 (d) The demonstrable capacity of the community-based
13 development organization to improve the economic health of the
14 target area as seen by the reasonableness of its comprehensive
15 neighborhood revitalization plan and the impact of the
16 proposed project.
17 (e) The degree to which the project will benefit
18 very-low-income persons, low-income persons, and particularly
19 WAGES recipients.
20 (f) The location of the target area of the
21 community-based development organization, in whole or in part,
22 in a state enterprise zone designated on or after July 1,
23 1995, in accordance with s. 290.0065 or a federal empowerment
24 zone or enterprise community.
25 (g) The extent to which the proposal would further the
26 policy and purposes of this act.
27 (11) This section shall stand repealed on June 30,
28 2007.
29 Section 20. Section 290.0365, Florida Statutes, is
30 amended to read:
31 (Substantial rewording of section. See
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1 s. 290.0365, F.S., for present text.)
2 290.0365 Community-based development training and
3 technical assistance program.--
4 (1) LEGISLATIVE FINDINGS.--In addition to the
5 legislative findings set forth in s. 290.0311, the Legislature
6 finds and declares that:
7 (a) Significant declines in resources make it
8 difficult for community-based development organizations to
9 generate sufficient revenues from business enterprises or real
10 estate ventures in low-income neighborhoods to fund the
11 predevelopment costs, technical assistance, and other
12 administrative expenses needed to foster new developments.
13 (b) The financing and planning of large-scale
14 developments is becoming increasingly complex and
15 community-based development organizations, even those with
16 considerable experience, often lack the expertise to structure
17 project financing, partnerships, and joint ventures to
18 accelerate and expand development activities in distressed
19 communities.
20 (c) Local governments and private lenders are
21 demonstrating a willingness to provide risk capital and
22 project financing, but they are seldom able to provide
23 technical support and training to the staff of community-based
24 development organizations.
25 (2) PURPOSE.--The purpose of this section is to
26 provide community-based development organizations with the
27 necessary training and technical support to plan, implement,
28 and manage job-generating and revenue-generating developments
29 in distressed neighborhoods. This will strengthen the
30 organizational capacity of community-based development
31 organizations, assist local governments to enhance and expand
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1 revitalization efforts, and contribute to expanding the base
2 of commerce, business, and affordable housing that will
3 benefit persons who are very-low-income, low-income, or WAGES
4 recipients.
5 (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The
6 Department of Community Affairs shall be responsible for
7 securing the necessary expertise, which may include
8 subcontracts with nonprofit organizations, to provide training
9 and technical support to the staff and board of
10 community-based development organizations, as appropriate, and
11 to persons forming such organizations, which are formed for
12 the purpose of redeveloping commercial and residential areas
13 and revitalizing businesses within distressed neighborhoods
14 for the benefit of very-low-income residents, low-income
15 residents, and WAGES recipients.
16 (a) The training component of the program shall assist
17 organizations receiving administrative grants through a
18 developmental curriculum to build board and staff capacities
19 to implement or manage affordable housing, commercial, or
20 business enterprises. Training will include, but not be
21 limited to, resource development, project management, real
22 estate financing, business or venture plan development,
23 strategic planning for community economic development, and
24 community leadership and participation.
25 (b) The technical assistance provider shall conduct
26 onsite assessments, involving the board and staff, to prepare
27 a technical assistance plan for new and emerging
28 organizations. The scope and nature of the training will
29 compliment the annual performance objectives of the
30 organizations from the development of a neighborhood
31 comprehensive revitalization plan.
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1 (c) Technical support shall be provided to
2 community-based development organizations receiving project
3 administrative grants, as appropriate, in methods of financing
4 and structuring housing, business, or commercial development
5 projects. This will be in the form of one-on-one technical
6 assistance secured by either the department or by the
7 community-based development organization.
8 (d) The department shall coordinate the technical
9 assistance and training in support of affordable housing
10 development with programs funded under s. 420.606.
11 (e) The department may permit other community-based
12 development organizations to participate in the training based
13 on the availability of classes, funding, and the priority of
14 need.
15 (4) REPEAL.--This section shall stand repealed on June
16 30, 2007.
17 Section 21. Section 290.037, Florida Statutes, is
18 amended to read:
19 (Substantial rewording of section. See
20 s. 290.037, F.S., for present text.)
21 290.037 Community development project implementation
22 loan program.--
23 (1) The department is authorized to make loans, within
24 the limits of specific appropriations, to eligible applicants
25 for the following purposes:
26 (a) Financial assistance to a new or existing business
27 venture located within a community-based development
28 organization service area;
29 (b) New construction or substantial rehabilitation of
30 housing to be utilized by very-low-income and low-income
31 families and individuals, and WAGES recipients; and
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1 (c) Commercial developments located within the
2 community-based development organization's service area.
3 (2) A community-based development organization
4 applying for a loan pursuant to this section must submit the
5 information required by s. 290.036(2).
6 (3) In no case shall loans to one community-based
7 development organization exceed 40 percent of the total annual
8 appropriation for loans during any given year or $400,000,
9 whichever is less.
10 (4) A community-based development organization that
11 receives a loan shall submit to the department an annual audit
12 performed by an independent certified public accountant;
13 however, this subsection shall not be construed to require the
14 submittal of more than one audit by an individual
15 community-based development organization submitting pursuant
16 to s. 290.036.
17 (5) In evaluating proposals pursuant to this section,
18 the department shall consider:
19 (a) The economic feasibility of the project and the
20 capacity of the venture to repay the loan.
21 (b) The relative degree of distress of the target
22 area.
23 (c) The ratio of private and nonstate public money
24 committed to a project to the amount of state money to be
25 committed.
26 (d) The demonstrated inability of the borrower to
27 secure funding from conventional sources at the terms offered
28 by the community-based development organization.
29 (e) The number of temporary and permanent jobs
30 generated by the project.
31 (f) The overall net positive impact of the project
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1 long term on local economic and social conditions.
2 (g) The degree to which the project directly benefits
3 or provides assistance to very-low-income individuals,
4 low-income individuals, or job-displaced individuals or WAGES
5 recipients.
6 (h) The demonstrable capacity of the community-based
7 development organization and technical assistance providers to
8 see that the project is successfully carried out and managed.
9 (6) Loans permitted under this section for affordable
10 housing may be used for the purpose of providing first,
11 second, or other subordinated mortgage loans or loan
12 guarantees in the construction of single-family homeownership
13 or multifamily rental units affordable to very-low-income
14 persons and low-income persons and WAGES recipients in the
15 target area.
16 (7) All loans to a community-based development
17 organization shall be at interest rates not to exceed 3
18 percent and shall be repaid within 15 years or on a basis
19 approved by the department, except as provided in subsection
20 (8).
21 (8) Upon the termination of any project as a result of
22 the sale or failure of the business, all recoverable state
23 funds shall be returned to the department for deposit into the
24 Operating Trust Fund. When losses are incurred, the
25 community-based development organization shall make a diligent
26 and good-faith effort to recover the full indebtedness from
27 the business venture, including foreclosure of security and
28 recovery from guarantors. Upon completion of all such efforts
29 to the satisfaction of the department, the department shall
30 write off the unpaid balance of the loan.
31 (9) This section shall stand repealed on June 30,
19
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Amendment No.
1 2007.
2 Section 22. Paragraph (f) of subsection (2) and
3 subsection (3) of section 290.038, Florida Statutes, are
4 amended to read:
5 290.038 Authority and duties of the department.--
6 (2) The department may:
7 (f) Assist in training employees of community-based
8 community development organizations corporations to help
9 achieve and increase their capacity to administer programs
10 pursuant to this act and provide technical assistance and
11 advice to community-based community development organizations
12 corporations involved with these programs.
13 (3) This section shall stand repealed on June 30, 2007
14 1998.
15 Section 23. Section 290.039, Florida Statutes, is
16 amended to read:
17 (Substantial rewording of section. See
18 s. 290.039, F.S., for present text.)
19 290.039 Reporting requirements.--
20 (1) Community-based development organizations which
21 receive funds under INVEST shall provide the following
22 information to the department annually:
23 (a) A listing of business firms and individuals
24 assisted by the community-based development organization
25 during the reporting period.
26 (b) A listing of the type, source, purpose, and amount
27 of each individual grant, loan, or donation received by the
28 community-based development organization during the reporting
29 period.
30 (c) The number of paid and voluntary positions within
31 the community-based development organization.
20
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Amendment No.
1 (d) A listing of the salaries and administrative
2 expenses of the community-based development organization.
3 (e) An identification and explanation of changes to
4 the target area boundaries.
5 (f) The amount of assets and liabilities and the fund
6 balance for the community-based development organization at
7 the beginning and end of the reporting period.
8 (g) The number and description of projects attempted,
9 the number and description of projects completed, and a
10 written explanation of the reasons that caused projects not to
11 be completed.
12 (h) The impact on target area residents and its
13 relationship to expected outcomes listed in the agency's
14 comprehensive neighborhood revitalization plan, as a result of
15 receiving INVEST funding.
16 (2) Community-based development organizations which
17 receive project administrative grants shall provide the
18 following general information to the department annually:
19 (a) A listing of salaries and administrative expenses
20 of the community-based development organization on approved
21 projects that receive project administrative grant funding.
22 (b) An identification and explanation of changes to
23 the target area boundaries.
24 (c) The impact of the completed project on target area
25 residents and its relationship to expected outcomes listed in
26 the agency's comprehensive neighborhood revitalization plan.
27 (3) Community-based development organizations which
28 receive project administrative grants, or a combination of
29 core administrative and project and grant funds, shall provide
30 the following information on applicable projects to the
31 department annually:
21
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Amendment No.
1 (a) The number of housing units rehabilitated or
2 constructed by the community-based development organization
3 within the service area during the reporting period.
4 (b) The number and amount of loans made to businesses
5 or individual entrepreneurs in the target area during the
6 reporting period.
7 (c) The number of outstanding loans made to businesses
8 or individuals in the service area by the community-based
9 development organization, the balance of the loans, and the
10 payment history of the borrowers during the reporting period.
11 (d) The number of jobs, both permanent and temporary,
12 received by individuals who were directly assisted by the
13 community-based development organization through assistance to
14 the business such as a loan or other credit assistance.
15 (e) An identification and explanation of changes to
16 the service area boundaries.
17 (f) The impact of the completed project on target area
18 residents and its relationship to expected outcomes listed in
19 the agency's comprehensive neighborhood revitalization plan.
20 (g) Such other information as the department may
21 require.
22 (4) The department shall submit an annual report to
23 the Speaker of the House of Representatives and the President
24 of the Senate which contains the cumulative data submitted by
25 the individual community-based development organizations
26 pursuant to subsection (1). The report shall be submitted by
27 January 1 of each year.
28 (5) This section shall stand repealed on June 30,
29 2007.
30 Section 24. Section 290.0395, Florida Statutes, is
31 amended to read:
22
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Amendment No.
1 (Substantial rewording of section. See
2 s. 290.0395, F.S., for present text.)
3 290.0395 Program performance review and evaluation.--
4 (1) Each community-based development organization
5 which receives funding under the Invest in Neighborhood
6 Vitality and Economies Program shall be subject to an annual
7 performance review by the department. At a minimum, the review
8 shall determine whether contract objectives are being or have
9 been met in a timely and efficient manner, expected project
10 outcomes are being or have been realized, and the impact of
11 completed projects produced the results desired by the
12 community-based development organization as stated in its
13 comprehensive neighborhood revitalization plan and other
14 supporting documentation for receipt of the grants or loans.
15 (2) Prior to the 2007 Regular Session of the
16 Legislature, the Office of Program Policy Analysis and
17 Government Accountability shall perform an evaluation of ss.
18 290.0301-290.039, using the reporting data specified in s.
19 290.039 and any other data identified by the department and
20 the Office of Program Policy Analysis and Government
21 Accountability as crucial to the evaluation of this program.
22 The report shall critique the Invest in Neighborhood Vitality
23 and Economies Program and shall include an analysis of the
24 improvements in the service area as a result of the holistic
25 and collaborative efforts of the organizations and partners
26 within the service area.
27 (3) A report of the findings and recommendations of
28 the Office of Program Policy Analysis and Government
29 Accountability shall be submitted to the President of the
30 Senate and the Speaker of the House of Representatives prior
31 to the 2007 Regular Session.
23
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Amendment No.
1 (4) This section shall stand repealed on June 30,
2 2007.
3 Section 25. Section 290.034, Florida Statutes, is
4 repealed.
5 Section 26. Section 189.427, Florida Statutes, is
6 amended to read:
7 189.427 Fee schedule; Operating Trust Fund.--The
8 Department of Community Affairs, by rule, shall establish a
9 schedule of fees to pay one-half of the costs incurred by the
10 department in administering this act, except that the fee may
11 not exceed $175 per district per year. The fees collected
12 under this section shall be deposited in the Operating Trust
13 Fund established under s. 290.034, which shall be administered
14 by the Department of Community Affairs. Any fee rule must
15 consider factors such as the dependent and independent status
16 of the district and district revenues for the most recent
17 fiscal year as reported to the Department of Banking and
18 Finance. The department may assess fines of not more than $25,
19 with an aggregate total not to exceed $50, as penalties
20 against special districts that fail to remit required fees to
21 the department. It is the intent of the Legislature that
22 general revenue funds will be made available to the department
23 to pay one-half of the cost of administering this act.
24 Section 27. Subsection (7) of section 252.82, Florida
25 Statutes, is amended to read:
26 252.82 Definitions.--As used in this part:
27 (7) "Trust fund" means the Operating Trust Fund
28 established in s. 290.034.
29 Section 28. Subsection (1) of section 943.25, Florida
30 Statutes, is amended to read:
31 943.25 Criminal justice trust funds; source of funds;
24
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Amendment No.
1 use of funds.--
2 (1) The Department of Community Affairs may approve,
3 for disbursement from the Operating Trust Fund established
4 pursuant to s. 290.034, those appropriated sums necessary and
5 required by the state for grant matching, implementing,
6 administering, evaluating, and qualifying for such federal
7 funds. Disbursements from the trust fund for the purpose of
8 supplanting state general revenue funds may not be made
9 without specific legislative appropriation.
10 Section 29. Section 420.0007, Florida Statutes, is
11 created to read:
12 420.0007 Exemption from property taxation for
13 charitable non-profit low income housing properties.
14 Properties owned entirely by non-profit corporations which are
15 defined as charitable organizations under s. 501(c)(3) of the
16 Internal Revenue Code and comply with the Internal Revenue
17 Procedure 96-32 and which provide housing to low and very low
18 income person, as defined in Chapter 420.004, shall be
19 considered charitable and exempt from ad valorem taxation
20 under Chapter 196, F.S., to the extent authorized under s.
21 196.192.
22 Section 30. If no community-based development
23 organizations qualify for core administrative grants in a
24 distressed region of the state, the Department of Community
25 Affairs must identify potentially qualified community-based
26 development organizations in those regions and provide
27 assistance to enable them to compete for core administrative
28 grants in the next funding cycle. For the purposes of this
29 section, distressed regions include those regions that qualify
30 for urban high crime area job tax credits or areas that have
31 experienced civil disturbances within the past three years.
25
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Amendment No.
1
2 (Redesignate subsequent sections.)
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 2, line 19, after the semicolon
8
9 insert:
10 amending s. 290.0301, F.S.; changing the title
11 of the "Community Development Corporation
12 Support and Assistance Program Act" to the
13 "Invest in Neighborhood Vitality and Economies
14 Act"; advancing the date of the repeal of the
15 act to June 30, 2007; amending s. 290.0311,
16 F.S.; revising language with respect to
17 legislative findings; providing reference to
18 community-based development organizations;
19 amending s. 290.032, F.S.; revising language
20 with respect to policy and purpose; amending s.
21 290.033, F.S.; providing definitions; amending
22 s. 290.035, F.S.; revising language with
23 respect to eligibility for assistance; amending
24 s. 290.036, F.S.; providing for the
25 community-based development organization
26 support program; providing for core and project
27 administrative grants and procedures; amending
28 s. 290.0365, F.S.; providing for a
29 community-based development training and
30 technical assistance program; amending s.
31 290.037, F.S.; providing for a community
26
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SENATE AMENDMENT
Bill No. CS for CS for SB 1456
Amendment No.
1 development project implementation loan
2 program; amending s. 290.038, F.S.; revising
3 language with respect to the authority and
4 duties of the Department of Community Affairs;
5 amending s. 290.039, F.S.; revising language
6 with respect to reporting requirements;
7 amending s. 290.0395, F.S.; providing for
8 program performance review and evaluation;
9 creating s. 290.055, F.S.; creating the
10 Rebuilding Urban Neighborhoods Initiative;
11 repealing s. 290.034, F.S., relating to funding
12 and use of the Operating Trust Fund; amending
13 ss. 189.427, 252.82, and 943.25 to conform to
14 this act; creating s. 420.0007, F.S.; providing
15 an exemption from property taxation for
16 charitable non-profit low income housing
17 properties;
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