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House Bill 1589

Florida House of Representatives - 1997 HB 1589 By Representative Westbrook 1 A bill to be entitled 2 An act relating to counties; repealing s. 327, 3 ch. 96-410, Laws of Florida, which provides 4 that once a small county meets the population 5 requirements and qualifies for programs under 6 ss. 40.015, 163.05, 163.3177, 163.3191, 7 212.055, 218.075, 218.65, 252.373, 265.2861, 8 403.706, and 403.7095, F.S., it shall retain 9 that qualification until it exceeds a 10 population of 75,000; amending the following 11 provisions to increase from 50,000 to 75,000 12 the maximum population limit to qualify as a 13 small county: s. 163.05, F.S., which 14 establishes a technical assistance program for 15 small counties; s. 163.3177, F.S., which 16 provides that certain elements of a local 17 government comprehensive plan are optional for 18 small counties; s. 163.3191, F.S., which 19 authorizes the state land planning agency to 20 enter into agreements with small counties to 21 focus on selected issues or elements when 22 updating their comprehensive plans; s. 165.061, 23 F.S., which provides population requirements 24 for incorporation of municipalities in small 25 counties; s. 212.055, F.S., which authorizes 26 certain small counties to use proceeds of the 27 local government infrastructure surtax for 28 long-term maintenance costs associated with 29 landfill closure; s. 218.075, F.S., which 30 authorizes the Department of Environmental 31 Protection and water management districts to 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 waive or reduce permit processing fees for 2 small counties under certain conditions; s. 3 252.373, F.S., which provides criteria small 4 counties must meet to qualify for funds from 5 the Emergency Management, Preparedness, and 6 Assistance Trust Fund; s. 288.063, F.S., which 7 provides that certain small counties are 8 qualified for contracts with the Office of 9 Tourism, Trade, and Economic Development for 10 transportation projects; s. 288.065, F.S., 11 which provides for loans to small counties from 12 the Rural Community Development Revolving Loan 13 Fund; s. 373.441, F.S., which requires 14 consideration of special provisions when an 15 environmental resource permit program is 16 delegated to small counties; s. 394.467, F.S., 17 which provides special requirements for 18 recommendation of involuntary placement of 19 patients in small counties; s. 403.4131, F.S., 20 which encourages a regional approach to litter 21 control and prevention programs in small 22 counties; s. 403.706, F.S., which authorizes 23 small counties to provide their residents with 24 the opportunity to recycle in lieu of achieving 25 solid waste reduction goals; s. 403.719, F.S., 26 which provides use of waste tire grants by 27 small counties; s. 403.973, F.S., which 28 provides for expediting permit review and for 29 technical assistance for certain projects in 30 small counties; and s. 468.609, F.S., which 31 provides special requirements relating to 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 certification of employees of small counties as 2 building code administrator, plans examiner, or 3 inspector; amending s. 403.7061, F.S., to 4 conform; amending s. 218.65, F.S., relating to 5 emergency and supplemental distributions from 6 the Local Government Half-cent Sales Tax 7 Clearing Trust Fund; revising the population 8 limitation for purposes of provisions which 9 exempt small counties from certain criteria 10 imposed to qualify for an emergency 11 distribution; deleting a requirement that a 12 county must be eligible for an emergency 13 distribution in order to qualify for a 14 supplemental distribution; amending ss. 259.032 15 and 373.59, F.S.; removing a requirement that 16 small counties levy a specified millage or 17 suffer a specified percentage of tax loss in 18 order to receive payments in lieu of taxes from 19 funds in the Conservation and Recreation Lands 20 Trust Fund or Water Management Lands Trust Fund 21 for tax losses incurred as a result of 22 acquisitions under the Florida Preservation 23 2000 Program; amending s. 403.7095, F.S.; 24 revising the population limitation for purposes 25 of provisions which authorize annual solid 26 waste and recycling grants to small counties 27 and deleting the expiration date for such 28 grants; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 Section 1. Section 327 of chapter 96-410, Laws of 2 Florida, is hereby repealed. 3 Section 2. Subsection (3) of section 163.05, Florida 4 Statutes, 1996 Supplement, is amended to read: 5 163.05 Small County Technical Assistance Program.-- 6 (3) The purpose of this section is to provide 7 technical assistance to small counties to enable them to 8 implement workable solutions to financial and administrative 9 problems. As used in this section, "small county" means a 10 county that has a population of 75,000 50,000 or less. 11 Section 3. Paragraph (i) of subsection (6) of section 12 163.3177, Florida Statutes, 1996 Supplement, is amended to 13 read: 14 163.3177 Required and optional elements of 15 comprehensive plan; studies and surveys.-- 16 (6) In addition to the requirements of subsections 17 (1)-(5), the comprehensive plan shall include the following 18 elements: 19 (i) The optional elements of the comprehensive plan in 20 paragraphs (7)(a) and (b) are required elements for those 21 municipalities units of local government having populations 22 greater than 50,000, and those counties having populations 23 greater than 75,000, as determined under s. 186.901. 24 Section 4. Paragraph (a) of subsection (12) of section 25 163.3191, Florida Statutes, 1996 Supplement, is amended to 26 read: 27 163.3191 Evaluation and appraisal of comprehensive 28 plan.-- 29 (12)(a) The state land planning agency may enter into 30 a written agreement with a municipality of fewer than 5,000 31 residents or a county with fewer than 75,000 50,000 residents 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 so that such a jurisdiction may focus planning resources on 2 selected issues or elements when updating its plan, if the 3 local government includes such a request in its report and the 4 agency approves the request. Approval of the request does not 5 authorize the local government to repeal or render ineffective 6 any existing portion or element of its local plan. 7 Section 5. Paragraph (b) of subsection (1) of section 8 165.061, Florida Statutes, is amended to read: 9 165.061 Standards for incorporation, merger, and 10 dissolution.-- 11 (1) The incorporation of a new municipality, other 12 than through merger of existing municipalities, must meet the 13 following conditions in the area proposed for incorporation: 14 (b) It must have a total population, as determined in 15 the latest official state census, special census, or estimate 16 of population, in the area proposed to be incorporated of at 17 least 1,500 persons in counties with a population of 75,000 or 18 less than 50,000, and of at least 5,000 population in counties 19 with a population of more than 75,000 50,000. 20 Section 6. Paragraph (d) of subsection (2) of section 21 212.055, Florida Statutes, 1996 Supplement, is amended to 22 read: 23 212.055 Discretionary sales surtaxes; legislative 24 intent; authorization and use of proceeds.--It is the 25 legislative intent that any authorization for imposition of a 26 discretionary sales surtax shall be published in the Florida 27 Statutes as a subsection of this section, irrespective of the 28 duration of the levy. Each enactment shall specify the types 29 of counties authorized to levy; the rate or rates which may be 30 imposed; the maximum length of time the surtax may be imposed, 31 if any; the procedure which must be followed to secure voter 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 approval, if required; the purpose for which the proceeds may 2 be expended; and such other requirements as the Legislature 3 may provide. Taxable transactions and administrative 4 procedures shall be as provided in s. 212.054. 5 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 6 (d)1. The proceeds of the surtax authorized by this 7 subsection and any interest accrued thereto shall be expended 8 by the school district or within the county and municipalities 9 within the county, or, in the case of a negotiated joint 10 county agreement, within another county, to finance, plan, and 11 construct infrastructure and to acquire land for public 12 recreation or conservation or protection of natural resources 13 and to finance the closure of county-owned or municipally 14 owned solid waste landfills that are already closed or are 15 required to close by order of the Department of Environmental 16 Protection. Any use of such proceeds or interest for purposes 17 of landfill closure prior to July 1, 1993, is ratified. 18 Neither the proceeds nor any interest accrued thereto shall be 19 used for operational expenses of any infrastructure, except 20 that any county with a population of less than 75,000 50,000 21 that is required to close a landfill by order of the 22 Department of Environmental Protection may use the proceeds or 23 any interest accrued thereto for long-term maintenance costs 24 associated with landfill closure. Counties, as defined in s. 25 125.011(1), may, in addition, use the proceeds to retire or 26 service indebtedness incurred for bonds issued prior to July 27 1, 1987, for infrastructure purposes. 28 2. For the purposes of this paragraph, 29 "infrastructure" means: 30 a. Any fixed capital expenditure or fixed capital 31 outlay associated with the construction, reconstruction, or 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 improvement of public facilities which have a life expectancy 2 of 5 or more years and any land acquisition, land improvement, 3 design, and engineering costs related thereto. 4 b. A fire department vehicle, an emergency medical 5 service vehicle, a sheriff's office vehicle, a police 6 department vehicle, or any other vehicle, and such equipment 7 necessary to outfit the vehicle for its official use or 8 equipment that has a life expectancy of at least 5 years. 9 Section 7. Section 218.075, Florida Statutes, is 10 amended to read: 11 218.075 Reduction or waiver of permit processing 12 fees.--Notwithstanding any other provision of law, the 13 Department of Environmental Protection and the water 14 management districts shall reduce or waive permit processing 15 fees for counties with a population of 75,000 50,000 or less 16 and municipalities with a population of 25,000 or less, or any 17 county or municipality not included within a metropolitan 18 statistical area. Fee reductions or waivers shall be approved 19 on the basis of fiscal hardship or environmental need for a 20 particular project or activity. The governing body must 21 certify that the cost of the permit processing fee is a fiscal 22 hardship due to one of the following factors: 23 (1) Per capita taxable value is less than the 24 statewide average for the current fiscal year; 25 (2) Percentage of assessed property value that is 26 exempt from ad valorem taxation is higher than the statewide 27 average for the current fiscal year; 28 (3) Any condition specified in s. 218.503, that 29 determines a state of financial emergency; 30 (4) Ad valorem operating millage rate for the current 31 fiscal year is greater than 8 mills; or 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 (5) A financial condition that is documented in annual 2 financial statements at the end of the current fiscal year and 3 indicates an inability to pay the permit processing fee during 4 that fiscal year. 5 6 The permit applicant must be the governing body of a county or 7 municipality or a third party under contract with a county or 8 municipality and the project for which the fee reduction or 9 waiver is sought must serve a public purpose. If a permit 10 processing fee is reduced, the total fee shall not exceed 11 $100. 12 Section 8. Paragraph (a) of subsection (2) and 13 paragraph (a) of subsection (7) of section 218.65, Florida 14 Statutes, 1996 Supplement, are amended to read: 15 218.65 Emergency distribution.-- 16 (2) The Legislature hereby finds and declares that a 17 fiscal emergency exists in any county which meets the criteria 18 specified in paragraph (a), if applicable, and the criterion 19 specified in paragraph (b): 20 (a) If the county has a population of 75,000 50,000 or 21 above: 22 1. In any year from 1977 to 1981, inclusive, the value 23 of net new construction and additions placed on the tax roll 24 for that year was less than 2 percent of the taxable value for 25 school purposes on the roll for that year, exclusive of such 26 net value; or 27 2. The percentage increase in county taxable value 28 from 1979 to 1980, 1980 to 1981, or 1981 to 1982 was less than 29 3 percent. 30 (7)(a) Any county eligible for an emergency 31 distribution pursuant to this section the inmate population of 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 which in any year is greater than 7 percent of the total 2 population of the county is eligible for a supplemental 3 distribution for that year from funds expressly appropriated 4 therefor. At the beginning of each fiscal year, the 5 Department of Revenue shall calculate a supplemental 6 allocation for each eligible county equal to the current per 7 capita limitation pursuant to subsection (4) times the inmate 8 population of the county. If moneys appropriated for 9 distribution pursuant to this section for the current year are 10 less than the sum of supplemental allocations, each eligible 11 county shall receive a share of the appropriated amount 12 proportional to its supplemental allocation. Otherwise, each 13 shall receive an amount equal to its supplemental allocation. 14 Section 9. Paragraph (a) of subsection (3) of section 15 252.373, Florida Statutes, is amended to read: 16 252.373 Allocation of funds; rules.-- 17 (3) The department shall allocate funds from the 18 Emergency Management, Preparedness, and Assistance Trust Fund 19 to local emergency management agencies and programs pursuant 20 to criteria specified in rule. Such rules shall include, but 21 are not limited to: 22 (a) Requiring that, at a minimum, a local emergency 23 management agency either: 24 1. Have a program director who works at least 40 hours 25 a week in that capacity; or 26 2. If the county has fewer than 75,000 50,000 27 population or is party to an interjurisdictional emergency 28 management agreement entered into pursuant to s. 252.38(3)(b), 29 that is recognized by the Governor by executive order or rule, 30 have an emergency management coordinator who works at least 20 31 hours a week in that capacity. 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 Section 10. Paragraph (b) of subsection (12) of 2 section 259.032, Florida Statutes, 1996 Supplement, is amended 3 to read: 4 259.032 Conservation and Recreation Lands Trust Fund; 5 purpose.-- 6 (12) 7 (b) Payment in lieu of taxes shall be available: 8 1. To counties which levy an ad valorem tax of at 9 least 9 mills or the amount of the tax loss from all completed 10 Preservation 2000 acquisitions in the county exceeds 0.01 11 percent of the county's total taxable value, and have a 12 population of 75,000 or less, and 13 2. To counties with a population of less than 100,000 14 which contain all or a portion of an area of critical state 15 concern designated pursuant to chapter 380 and to local 16 governments within such counties. 17 18 For the purposes of this paragraph, "local government" 19 includes municipalities, the county school board, mosquito 20 control districts, and any other local government entity which 21 levies ad valorem taxes, with the exception of a water 22 management district. 23 Section 11. Paragraph (b) of subsection (14) of 24 section 373.59, Florida Statutes, 1996 Supplement, is amended 25 to read: 26 373.59 Water Management Lands Trust Fund.-- 27 (14) 28 (b) Payment in lieu of taxes shall be available to 29 counties with a for each year in which the levy of ad valorem 30 tax is at least 9 mills or the amount of the tax loss from all 31 completed Preservation 2000 acquisitions in the county exceeds 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 0.01 percent of the county's total taxable value, and the 2 population of is 75,000 or less, and to counties with a 3 population of less than 100,000 which contain all or a portion 4 of an area of critical state concern designated pursuant to 5 chapter 380. 6 Section 12. Subsection (3) of section 288.063, Florida 7 Statutes, 1996 Supplement, is amended to read: 8 288.063 Contracts for transportation projects.-- 9 (3) With respect to any contract executed pursuant to 10 this section, the term "transportation project" means a 11 transportation facility as defined in s. 334.03(31) which is 12 necessary in the judgment of the Office of Tourism, Trade, and 13 Economic Development to facilitate the economic development 14 and growth of the state. Except for applications received 15 prior to July 1, 1996, such transportation projects shall be 16 approved only as a consideration to attract new employment 17 opportunities to the state or expand or retain employment in 18 existing companies operating within the state, or to allow for 19 the construction or expansion of a state or federal 20 correctional facility in a county with a population of 75,000 21 50,000 or less that creates new employment opportunities or 22 expands or retains employment in the county. The Office of 23 Tourism, Trade, and Economic Development shall institute 24 procedures to ensure that small and minority businesses have 25 equal access to funding provided under this section. Funding 26 for approved transportation projects may include any expenses, 27 other than administrative costs and equipment purchases 28 specified in the contract, necessary for new, or improvement 29 to existing, transportation facilities. 30 Section 13. Subsection (2) of section 288.065, Florida 31 Statutes, 1996 Supplement, is amended to read: 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 288.065 Rural Community Development Revolving Loan 2 Fund.-- 3 (2) The program shall provide for long-term loans, 4 loan guarantees, and loan loss reserves to units of local 5 governments within counties with populations less than 75,000 6 50,000, or any county that has a population of 100,000 or less 7 and is contiguous to a county with a population less than 8 75,000 50,000, as determined by the most recent official 9 estimate pursuant to s. 186.901, residing in incorporated and 10 unincorporated areas of the county. Requests for loans shall 11 be made by application to the Office of Tourism, Trade, and 12 Economic Development. Loans shall be made pursuant to 13 agreements specifying the terms and conditions agreed to 14 between the local government and the Office of Tourism, Trade, 15 and Economic Development. The loans shall be the legal 16 obligations of the local government. All repayments of 17 principal and interest shall be returned to the loan fund and 18 made available for loans to other applicants. 19 Section 14. Paragraph (g) of subsection (1) of section 20 373.441, Florida Statutes, is amended to read: 21 373.441 Role of counties, municipalities, and local 22 pollution control programs in permit processing.-- 23 (1) The department in consultation with the water 24 management districts shall, by December 1, 1994, adopt rules 25 to guide the participation of counties, municipalities, and 26 local pollution control programs in an efficient, streamlined 27 permitting system. Such rules shall seek to increase 28 governmental efficiency, shall maintain environmental 29 standards, and shall include consideration of the following: 30 (g) Special provisions under which the environmental 31 resource permit program may be delegated to counties with 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 populations of 75,000 or less, or municipalities with, or 2 local pollution control programs serving, populations of 3 50,000 or less; and 4 Section 15. Subsection (2) of section 394.467, Florida 5 Statutes, 1996 Supplement, is amended to read: 6 394.467 Involuntary placement.-- 7 (2) ADMISSION TO A TREATMENT FACILITY.--A patient may 8 be retained by a receiving facility or involuntarily placed in 9 a treatment facility upon the recommendation of the 10 administrator of a receiving facility where the patient has 11 been examined and after adherence to the notice and hearing 12 procedures provided in s. 394.4599. The recommendation must be 13 supported by the opinion of a psychiatrist and the second 14 opinion of a clinical psychologist or another psychiatrist, 15 both of whom have personally examined the patient within the 16 preceding 72 hours, that the criteria for involuntary 17 placement are met. However, in counties of less than 75,000 18 50,000 population, if the administrator certifies that no 19 psychiatrist or clinical psychologist is available to provide 20 the second opinion, such second opinion may be provided by a 21 licensed physician with postgraduate training and experience 22 in diagnosis and treatment of mental and nervous disorders or 23 by a psychiatric nurse. Such recommendation shall be entered 24 on an involuntary placement certificate, which certificate 25 shall authorize the receiving facility to retain the patient 26 pending transfer to a treatment facility or completion of a 27 hearing. 28 Section 16. Subsection (5) of section 403.4131, 29 Florida Statutes, is amended to read: 30 403.4131 "Keep Florida Beautiful, Incorporated"; 31 placement of signs.-- 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 (5) Each county is encouraged to initiate a litter 2 control and prevention program or to expand upon its existing 3 program. The department shall establish a system of grants 4 for municipalities and counties to implement litter control 5 and prevention programs. In addition to the activities 6 described in subsection (1), such grants shall at a minimum be 7 used for litter cleanup, grassroots educational programs 8 involving litter removal and prevention, and the placement of 9 litter and recycling receptacles. Counties are encouraged to 10 form working public private partnerships as authorized under 11 this section to implement litter control and prevention 12 programs at the community level. The grants authorized 13 pursuant to this section shall be incorporated as part of the 14 recycling and education grants. Counties that have a 15 population under 75,000 50,000 are encouraged to develop a 16 regional approach to administering and coordinating their 17 litter control and prevention programs. 18 Section 17. Paragraph (d) of subsection (4) of section 19 403.706, Florida Statutes, is amended to read: 20 403.706 Local government solid waste 21 responsibilities.-- 22 (4) 23 (d) A county with a population of 75,000 50,000 or 24 less may provide its residents with the opportunity to recycle 25 in lieu of achieving the goal set forth in paragraph (a). For 26 the purposes of this subsection, the "opportunity to recycle" 27 means that the county: 28 1.a. Provides a system for separating and collecting 29 recyclable materials prior to disposal that is located at a 30 solid waste management facility or solid waste disposal area; 31 or 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 b. Provides a system of places within the county for 2 collection of source-separated recyclable materials. 3 2. Provides a public education and promotion program 4 that is conducted to inform its residents of the opportunity 5 to recycle, encourages source separation of recyclable 6 materials, and promotes the benefits of reducing, reusing, 7 recycling, and composting materials. 8 9 If a county with a population of 75,000 50,000 or less decides 10 to provide the opportunity to recycle in lieu of achieving the 11 goal set forth in paragraph (a), the county shall notify the 12 department by October 1, 1993, of such decision, and shall 13 provide the department with a description of how the county 14 intends to provide the opportunity to recycle. The department 15 shall take into consideration the description provided by the 16 county in determining the amount of grant moneys to be 17 provided to the county pursuant to s. 403.7095. 18 Section 18. Paragraph (c) of subsection (3) of section 19 403.7061, Florida Statutes, is amended to read: 20 403.7061 Requirements for review of new 21 waste-to-energy facility capacity by the Department of 22 Environmental Protection.-- 23 (3) An applicant must provide reasonable assurance 24 that the construction of a new waste-to-energy facility or the 25 expansion of an existing waste-to-energy facility will comply 26 with the following subsections: 27 (c) The county in which the facility is located will 28 achieve the 30-percent waste reduction goal set forth in s. 29 403.706(4) by the time the facility begins operation. For the 30 purposes of this section, the provisions of s. 403.706(4)(d) 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 for counties with populations of 75,000 50,000 or less do not 2 apply. 3 Section 19. Paragraph (a) of subsection (7) of section 4 403.7095, Florida Statutes, is amended to read: 5 403.7095 Solid waste management grant program.-- 6 (7)(a) Annual solid waste and recycling grants shall 7 be available to counties with populations of fewer than 75,000 8 50,000. The sum of $50,000 shall be available annually to 9 each eligible county from the Solid Waste Management Trust 10 Fund through 1996. These grants shall be made by October 1 of 11 each year to any county applying to the department prior to 12 August 1 of any given year. 13 Section 20. Paragraph (i) of subsection (1) of section 14 403.719, Florida Statutes, is amended to read: 15 403.719 Waste tire grants.-- 16 (1) The department shall administer a program to make 17 grants to counties that seek, individually or collectively, 18 to: 19 (i) Counties with populations less than 75,000 50,000 20 may use waste tire grants for any solid waste related purpose; 21 or 22 Section 21. Subsections (2) and (9) of section 23 403.973, Florida Statutes, 1996 Supplement, are amended to 24 read: 25 403.973 Expedited permitting.-- 26 (2) The Governor, through the Office of Tourism, 27 Trade, and Economic Development, shall direct the creation of 28 regional permit action teams, for the purpose of expediting 29 review of permit applications submitted by businesses creating 30 at least 100 jobs, or the creation of at least 50 jobs if the 31 project is located in an enterprise zone, in a county having a 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 population of less than 75,000 50,000 or in a county having a 2 population of less than 100,000 which is contiguous to a 3 county having a population of less than 75,000 50,000, as 4 determined by the most recent decennial census, residing in 5 incorporated and unincorporated areas of the county. Jobs are 6 defined as full-time equivalent positions not including 7 construction jobs. The regional teams shall be established 8 through the execution of memoranda of agreement between the 9 office and the respective heads of the Departments of 10 Environmental Protection, Community Affairs, Transportation, 11 and Agriculture and Consumer Services, the Game and Fresh 12 Water Fish Commission, appropriate regional planning councils, 13 and any appropriate water management districts. The memoranda 14 of agreement should also accommodate participation in this 15 expedited process by local governments and federal agencies as 16 circumstances warrant. 17 (9) The Office of Tourism, Trade, and Economic 18 Development, working with the Rural Economic Development 19 Initiative and the teams established through the memoranda of 20 agreement, shall provide technical assistance in preparing 21 permits for counties having a population of less than 75,000 22 50,000 residents, or counties having less than 100,000 23 residents which are contiguous to counties having less than 24 75,000 50,000 residents. Additional assistance may include, 25 but not be limited to, guidance in land development 26 regulations and permitting processes, working cooperatively 27 with state, regional, and local entities to identify areas 28 within these counties which may be suitable or adaptable for 29 preclearance review of specified types of land uses and other 30 activities requiring permits. 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 Section 22. Paragraph (b) of subsection (7) of section 2 468.609, Florida Statutes, is amended to read: 3 468.609 Administration of this part; standards for 4 certification; additional categories of certification.-- 5 (7) 6 (b) Any individual who holds a valid certificate 7 issued by the Southern Building Code Congress International, 8 the Building Officials Association of Florida, the South 9 Florida Building Code (Dade and Broward), or the Council of 10 American Building Officials certification programs, or who has 11 been approved for certification under one of those programs 12 not later than October 1, 1995, shall be deemed to have 13 satisfied the requirements for receiving a standard 14 certificate in the corresponding category prescribed by this 15 part. Employees of counties with a population of less than 16 75,000 50,000, or employees of municipalities with a 17 population of less than 3,500, shall be deemed to have 18 satisfied the requirements for standard certification where 19 such employee is approved for certification under one of the 20 programs set forth in this paragraph not later than October 1, 21 1998. 22 Section 23. This act shall take effect July 1, 1997. 23 24 25 26 27 28 29 30 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1589 588-103-97 1 ***************************************** 2 HOUSE SUMMARY 3 Repeals provisions enacted in 1996 that specify that if a 4 county meets the required 50,000 population limit, thus qualifying as a "small county" and becoming eligible for 5 specified special programs, it shall remain qualified for those programs until it exceeds a population of 75,000. 6 7 Amends various provisions which provide special programs or requirements for small counties, to increase the 8 maximum population for such counties from 50,000 to 75,000. These provisions relate to: 9 1. A technical assistance program. 2. Required elements of the local comprehensive 10 plan and requirements for updating plans. 3. Incorporation of municipalities. 11 4. Use of local government infrastructure surtax revenues. 12 5. Reduction or waiver of environmental permit processing fees, delegation of certain permit programs, 13 and expediting permit review for certain projects. 6. Qualification for loans from the Emergency 14 Management, Preparedness, and Assistance Trust Fund and Rural Community Development Revolving Loan Fund and for 15 certain transportation project assistance. 7. Recommendation for involuntary placement of 16 patients. 8. Litter control programs, recycling, and use of 17 waste tire grants. 9. Certification of building code administrators. 18 19 Revises the population limitation with respect to emergency distributions from the Local Government 20 Half-cent Sales Tax Clearing Trust Fund and deletes the requirement that a county must be eligible for an 21 emergency distribution in order to qualify for a supplemental distribution. 22 23 Removes a requirement that small counties levy a specified millage or suffer a specified percentage of tax 24 loss in order to receive payments in lieu of taxes for tax losses incurred as a result of acquisitions under the 25 Florida Preservation 2000 Program. 26 Revises the population limitation with respect to solid 27 waste and recycling grants to small counties and deletes the expiration date for such grants. 28 29 30 31 19