Senate Bill 1994c1

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    Florida Senate - 1998                           CS for SB 1994

    By the Committee on Agriculture and Senator Cowin





    303-1948A-98

  1                      A bill to be entitled

  2         An act relating to agriculture; creating ss.

  3         570.251-570.2815, F.S.; creating the "Florida

  4         Agricultural Development Act"; providing

  5         legislative findings; providing definitions;

  6         establishing the Florida Agricultural

  7         Development Authority; providing powers and

  8         duties; providing for membership of a board;

  9         providing for terms of board members; providing

10         for organization of the board; providing

11         general powers of the authority; providing for

12         an executive director and specifying duties;

13         requiring an annual report; providing for the

14         use of surplus moneys by the authority;

15         providing for combination of state and federal

16         programs to facilitate the purposes of the

17         authority; establishing a beginning farmer loan

18         program; providing purposes of the loan

19         program; authorizing the authority to

20         participate in federal programs; requiring the

21         authority to provide for loan criteria by rule;

22         authorizing the authority to provide loan

23         requirements; authorizing the authority to make

24         loans to beginning farmers for agricultural

25         land and improvements and depreciable

26         agricultural property; authorizing the

27         authority to make loans to mortgage lenders and

28         other lenders; authorizing the authority to

29         purchase mortgage loans and secured loans from

30         mortgage lenders; providing powers of the

31         authority relating to loans; providing for the

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  1         issuance of bonds and notes by the authority;

  2         authorizing the authority to establish bond

  3         reserve funds; providing remedies of

  4         bondholders and holders of notes; providing for

  5         the pledging of bonds by the state; providing

  6         that bonds and notes shall be considered legal

  7         investments; providing requirements with

  8         respect to funds of the authority; authorizing

  9         examination of accounts by the Auditor General;

10         requiring a report; providing limitation of

11         liability for members of the authority;

12         requiring the assistance of state officers,

13         agencies, and departments; providing for

14         construction of the act; requiring disclosure

15         of specified conflicts of interest; prohibiting

16         certain participation in the event of a

17         conflict of interest; specifying conflicts of

18         interest with respect to the executive director

19         of the authority; providing exemption from

20         competitive bid laws; providing for receipt of

21         specified trust assets by the authority;

22         authorizing the authority to enter into

23         specified agreements; providing for liability;

24         providing for additional beginning farmer and

25         loan assistance programs; authorizing

26         additional beginning farmer loan program;

27         requiring the authority to establish and

28         develop an agricultural loan assistance

29         program; providing program criteria; requiring

30         the authority to create and develop alternative

31         agriculture assistance programs; providing for

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  1         the adoption of rules with respect to

  2         enforcement of provisions relative to such

  3         programs; authorizing the authority to bring

  4         action for enforcement; creating s. 159.8082,

  5         F.S.; establishing the agricultural development

  6         bond pool; amending s. 159.804, F.S.; providing

  7         for specific allocations of state volume

  8         limitations to the agricultural development

  9         pool; amending s. 159.809; specifying

10         provisions for bond issuance reports not

11         received; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Sections 570.251, 570.252, 570.253,

16  570.254, 570.255, 570.256, 570.257, 570.258, 570.259, 570.260,

17  570.261, 570.262, 570.263, 570.264, 570.265, 570.266, 570.267,

18  570.268, 570.269, 570.270, 570.271, 570.272, 570.273, 570.274,

19  570.275, 570.276, 570.277, 570.278, 570.279, 570.280 and

20  570.2815, Florida Statutes, are created to read:

21         570.251  Short title.--Sections 570.251-570.2815 may be

22  cited as the "Florida Agricultural Development Act."

23         570.252  Legislative findings.--

24         (1)  The Legislature has found and determined and does

25  hereby declare that the ability of citizens of the state to

26  pursue agricultural enterprises or enterprises related to

27  agribusiness has been detrimentally affected by causes and

28  events beyond the control of the state or its citizens,

29  including treaty-supported foreign competition, termination of

30  long-established federal subsidy programs, and a shortage of

31  funds from private market sources at rates of interest

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  1  available under revenue bond programs available to

  2  nonagricultural industry in general.  These conditions have

  3  detrimentally affected the rural agriculture industry in this

  4  state and have made the sale and purchase of agricultural land

  5  by and among family farmers a virtual impossibility in many

  6  parts of this state.  The ordinary operation of private

  7  enterprise has not corrected this situation.  Such a state of

  8  affairs has worked to the detriment of the economy and social

  9  welfare of the state, and threatens to destroy the basic

10  fabric of rural agriculture, such as the family farm and rural

11  communities that depend on agribusiness.  Florida farm policy

12  should enhance opportunities for people to generate farm

13  incomes comparable to other economic sectors.  The United

14  States Congress has recognized the need to provide assistance

15  to the rural segment of the national economy and has

16  instituted programs to assist family farmers and agribusiness

17  by means of tax policy as well as loans, grants, technology

18  transfers, and credit enhancements to qualified state

19  agencies.  The Legislature should also encourage, by all

20  suitable means, intellectual, scientific, and agricultural

21  improvement in the rural parts of this state.  The public good

22  is served by a policy of facilitating access to capital by

23  beginning farmers, existing farmers, and agribusinesses unable

24  to obtain capital elsewhere.  It is therefore determined and

25  declared that there exist conditions in the state which

26  require the creation of a body politic with corporate power to

27  issue notes, bonds, and other evidences of indebtedness in

28  order to make or acquire loans for the acquisition or

29  development of agricultural lands, improvements, and

30  facilities.  All of the purposes stated in this section are

31

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  1  public purposes and uses for which public moneys may be

  2  borrowed, expended, advanced, loaned, or granted.

  3         (2)  The Legislature recognizes that many of the

  4  programs approved by Congress in the Federal Agricultural

  5  Improvement and Reform Act of 1996 that can supplement and

  6  enhance the authority's mission as established herein are in

  7  the process of being implemented; therefore, the authority

  8  shall have broad powers to implement rules to carry out the

  9  purposes set forth in this act to maximize the benefits to the

10  citizens of this state from all federal, state, local, or

11  private programs now available, or hereafter available as they

12  shall occur.

13         570.253  Definitions.--As used in this act, unless the

14  context otherwise requires:

15         (1)  "Agricultural improvements" means any

16  improvements, buildings, structures, or fixtures suitable for

17  use in farming, producing, or processing agricultural products

18  which are located on agricultural land in this state.

19  "Agricultural improvements" includes any single-family

20  dwelling located on agricultural land which is or will be

21  occupied by a beginning farmer, and structures attached to or

22  incidental to the use of the dwelling.

23         (2)  "Agricultural land" means land in this state

24  suitable for use in farming, producing, or processing

25  agricultural products, specifically including lands so

26  designated by the Land Acquisition and Management Advisory

27  Council established pursuant to s. 259.035.

28         (3)  "Agricultural producer" means a person that

29  engages in the business of producing and marketing

30  agricultural produce in this state, and shall include the word

31  "farmer."

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  1         (4)  "Agricultural processor" means a person that

  2  engages in the business of processing agricultural products

  3  within this state, including, but not limited to, agricultural

  4  commodities, agricultural byproducts, biomass energy and

  5  organic compost processing, and any and all products made or

  6  derived from agricultural or biomass stock as further defined

  7  by the authority under rules promulgated pursuant to chapter

  8  120.

  9         (5)  "Authority" means the Florida Agricultural

10  Development Authority established in s. 570.254.

11         (6)  "Bankhead-Jones Farm Tenant Act" means the act

12  cited as 50 Stat. 522 (1937), formerly codified as 7 U.S.C. s.

13  1000 et seq., repealed by Pub. L. No. 87-128 (1961).

14         (7)  "Beginning farmer" means an individual,

15  partnership, corporation, limited liability company, limited

16  agricultural association as defined in s. 604.11, or trust

17  that engages in farming in this state, and includes:

18         (a)  First-time farmers and family farmers as described

19  in Internal Revenue Code section 147(c)(2), as from time to

20  time amended;

21         (b)  Existing farmers who have, or who intend to, move

22  out of existing agricultural activities into new or

23  alternative agricultural crops under rules promulgated by the

24  authority; and

25         (c)  Such other farmers as are from time to time

26  designated by rules established by the authority.

27         (8)  "Bonds" means bonds issued by the authority

28  pursuant to this act.

29         (9)  "Conservation farm equipment" means the

30  specialized planters, cultivators, and tillage equipment used

31  for reduced tillage or no-till planting of crops, including

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  1  anaerobic fermentation facilities, biomass processes, and

  2  solid waste and water conservation equipment.

  3         (10)  "Depreciable agricultural property" means

  4  personal property suitable for use in farming for which an

  5  income tax deduction for depreciation is allowable in

  6  computing federal income tax under the Internal Revenue Code.

  7         (11)  "FAIR Farm Act" means the Federal Agriculture

  8  Improvement and Reform Act of 1996, 110 Stat. 889, et seq., as

  9  from time to time amended.

10         (12)  "Farming" means the cultivation of land in this

11  state for the production of any and all agricultural crops,

12  including biomass and fiber crops, citrus crops, the raising

13  of poultry and ratites, the production of eggs, the production

14  of milk, the production of fruits, nuts, vegetables, flowers,

15  ferns, or other horticultural crops, grazing and forage

16  production, the production of swine, livestock, farm-raised

17  deer, aquaculture, hydroponics, organics, silviculture, the

18  production of forest products, or other such activities

19  designated by the authority by rules subject to chapter 120.

20         (13)  "Internal Revenue Code" means the Internal

21  Revenue Code of 1986, as from time to time amended.

22         (14)  "Lending institution" means a bank, credit union,

23  trust company, mortgage company, national banking association,

24  savings and loan association, insurance company, any state or

25  federal governmental agency or instrumentality, including,

26  without limitation, the federal land bank or the consolidated

27  farm service agency or any of its local associations, or any

28  other financial institution or entity authorized to make farm

29  loans in this state.

30         (15)  "Mortgage" means a mortgage, mortgage deed, deed

31  of trust, or other instrument creating a first lien, subject

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  1  only to title exceptions and encumbrances acceptable to the

  2  authority, including any other mortgage liens of equal

  3  standing with or subordinate to the mortgage loan retained by

  4  a seller or conveyed to a mortgage lender, on a fee interest

  5  in agricultural land and agricultural improvements.

  6         (16)  "Mortgage lender" means a bank, trust company,

  7  mortgage company, national banking association, savings and

  8  loan association, insurance company, any state or federal

  9  governmental agency or instrumentality, including, without

10  limitation, the federal land bank or any of its local

11  associations, or any other financial institution or public or

12  private entity authorized to make mortgage loans or secured

13  loans in this state.

14         (17)  "Mortgage loan" means a financial obligation

15  secured by a mortgage.

16         (18)  "Note" means a bond anticipation note or other

17  obligation or evidence of indebtedness issued by the authority

18  pursuant to this act.

19         (19)  "Soil and water conservation practices" have the

20  meaning described in chapter 582, and shall include solid

21  waste and waste water disposal systems, anaerobic fermentation

22  systems, and other facilities designed to process agricultural

23  soil, water, and matter in an environmentally responsible

24  manner.

25         (20)  "Secured loan" means a financial obligation

26  secured by a chattel mortgage, security agreement, or other

27  instrument creating a lien on an interest in depreciable

28  agricultural property.

29         (21)  "State agency" means any board, commission,

30  department, public officer, or other agency or authority of

31  the State of Florida.

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  1

  2  The authority may establish by rule further definitions

  3  applicable to this act and may clarify definitions in this

  4  section, as necessary to assure eligibility for funds,

  5  insurance, or guarantees available under federal, state, or

  6  local laws, to assure compliance with federal tax law and

  7  regulations under the Internal Revenue Code and applicable

  8  state statutes, and to carry out the public purposes of this

  9  act.

10         570.254  Establishment of authority; powers and duties;

11  board; earnings.--

12         (1)  There is hereby created a body politic and

13  corporate to be known as the Florida Agricultural Development

14  Authority. The authority is constituted a public

15  instrumentality and agency of the state exercising public and

16  essential governmental functions. The authority is established

17  for the purpose of undertaking:

18         (a)  Programs within the state which assist farmers,

19  beginning farmers and agribusiness in purchasing, leasing, or

20  otherwise acquiring agricultural land, improvements,

21  technology, and depreciable agricultural property for the

22  purpose of farming.

23         (b)  Programs that provide financing to farmers for

24  soil and water conservation practices.

25         (c)  Programs that promote diversification of the farm

26  economy in this state through the growth and development of

27  new crops or livestock not customarily grown or produced in

28  this state or that emphasize a vertical integration of

29  agricultural products produced or raised in this state into a

30  finished agricultural product or byproduct for consumption or

31  use.

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  1         (d)  Programs to assist in financing operating expenses

  2  and cash-flow requirements of farming.

  3

  4  The authority shall also develop programs to assist qualified

  5  producers, processors, and manufacturers of agriculture

  6  products and support organizations within the state with

  7  financing research and development and other capital

  8  requirements or operating expenses.

  9         (2)  The powers of the authority are vested in and

10  exercised by a board of nine members, including the

11  commissioner or the commissioner's designee, who shall be an

12  ex officio nonvoting member, except in the case of a tie vote.

13  There shall be five standing members of the board who shall be

14  designated, one each, by the following:

15         (a)  The Florida Farm Bureau Federation.

16         (b)  The Institute of Food and Agricultural Sciences of

17  the University of Florida.

18         (c)  The Florida Agricultural and Mechanical

19  University.

20         (d)  The Florida Agricultural Resources and

21  Mobilization Foundation, Inc. (FARM Foundation).

22         (e)  The Technological Research and Development

23  Authority.

24

25  Additionally, three at-large members shall be appointed by the

26  Commissioner of Agriculture, who shall include persons who

27  represent financial institutions with experience in

28  agricultural lending, farmers, beginning farmers, and other

29  persons specially interested in agriculture and family farm

30  development.

31

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  1         (3)  The standing members of the board shall be

  2  appointed for terms of 4 years and the members appointed by

  3  the Commissioner of Agriculture shall serve terms of 3 years.

  4  A person appointed to fill a vacancy shall serve only for the

  5  unexpired portion of the term.  A member of the board is

  6  eligible for reappointment.  An appointed member may be

  7  removed from office by the Commissioner of Agriculture for

  8  misfeasance, malfeasance, or willful neglect of duty or other

  9  just cause, after notice and hearing, unless the notice and

10  hearing is expressly waived in writing.  An appointed member

11  of the authority may also serve as a member of any other

12  authority or association.

13         (4)  The members shall elect a chair and a vice chair

14  annually, and other officers as they determine; however, the

15  executive director of the authority shall serve as secretary

16  to the board.  Meetings of the board shall be held at the call

17  of the chair or whenever two members so request and may be

18  held telephonically as provided in the bylaws of the

19  authority.

20         (5)  Five voting members of the board constitute a

21  quorum and the affirmative vote of a majority of the voting

22  members is necessary for any substantive action taken by the

23  board.  The majority shall not include any member who has a

24  conflict of interest.  A statement by a member that he or she

25  has a conflict of interest is conclusive for this purpose.  A

26  vacancy in the membership does not impair the right of a

27  quorum to exercise all rights and perform all duties of the

28  board.

29         (6)  The members of the board shall receive per diem

30  and travel expenses as provided in s. 112.061 while in

31  performance of their duties.

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  1         (7)  The members of the board shall give bond as

  2  required by law for public officers.

  3         (8)  The net earnings of the authority, beyond that

  4  necessary for retirement of its notes, bonds, or other

  5  obligations or to implement authorized public purposes and

  6  programs, shall not inure to the benefit of any person other

  7  than the state.  Upon termination of the existence of the

  8  authority, title to all property owned by the authority,

  9  including any net earnings, shall vest in the state.

10         570.255  General powers.--The authority has all of the

11  general powers necessary to carry out its purposes and duties,

12  and to exercise its specific powers, including, but not

13  limited to, the power to:

14         (1)  Issue negotiable bonds and notes as provided in

15  this act in order to finance its programs.

16         (2)  Sue and be sued in its own name.

17         (3)  Have and alter a corporate seal.

18         (4)  Make and alter bylaws for its management and

19  programs consistent with the provisions of this act.

20         (5)  Make and execute agreements, contracts, and other

21  instruments with any public or private entity, including, but

22  not limited to, any federal governmental agency or

23  instrumentality.  The authority may make and execute contracts

24  with any firm of independent certified public accountants to

25  prepare an annual report on behalf of the authority.  The

26  authority may make and execute contracts with mortgage

27  lenders, insurance companies, or others for the servicing of

28  mortgage and secured loans.  All political subdivisions,

29  including federal, state, and local agencies, may enter into

30  contracts and otherwise cooperate with the authority.

31

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  1         (6)  Lease, purchase, accept a gift or donation of, or

  2  otherwise acquire, use, own, hold, improve, or otherwise deal

  3  in or with, real or personal property, and sell, convey,

  4  mortgage, pledge, lease, exchange, or otherwise dispose of any

  5  assets, loans and equity interests acquired in the financing

  6  of projects funded by the authority, and any other property or

  7  interest in property, as the board considers necessary in the

  8  transaction of the business of the authority, except that this

  9  paragraph shall not provide authority for carrying out a

10  program of real estate investment.

11         (7)  Procure insurance against any loss in connection

12  with its operations and property interests, including pool

13  insurance on any group of mortgages or secured loans.

14         (8)  Fix and collect fees and charges for its services.

15         (9)  Subject to an agreement with bondholders or

16  noteholders, invest or deposit moneys of the authority in a

17  manner determined by the authority, notwithstanding the

18  provisions of chapters 215 and 216.

19         (10)  Accept appropriations, gifts, grants, loans, or

20  other aid from public or private entities. A record of all

21  gifts or grants, stating the type, amount, and donor, shall be

22  clearly set out in the authority's annual report along with

23  the record of other receipts.

24         (11)  Provide public and private entities with

25  technical assistance, education, counseling, and grants to

26  assist the authority in matters related to the authority's

27  purposes.

28         (12)  In cooperation with other local, state, or

29  federal governmental agencies or instrumentalities, conduct

30  studies of agricultural needs of the beginning farmer,

31  agricultural producer, and processor, and gather, compile, and

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  1  exchange with similar authorities and agencies in other states

  2  data useful to facilitate decisionmaking.

  3         (13)  Contract with accountants, architects, attorneys,

  4  economists, engineers, housing construction and finance

  5  experts, and other advisors, or enter into contracts or

  6  agreements for such services with local, state, or federal

  7  governmental agencies.

  8         (14)  Make, enter into, and execute such contracts,

  9  agreements, leases, and other instruments with any person,

10  partnership, corporation, limited liability company, limited

11  agricultural association, or trust, including, without

12  limitation, any federal, state, or local governmental agency,

13  and take such other actions as may be necessary or convenient

14  to accomplish any purpose for which the authority was

15  organized or to exercise any power expressly granted

16  hereunder.

17         (15)  Subject to the provisions of chapter 120, make,

18  alter, and repeal rules consistent with the provisions of this

19  act.

20         570.256  Executive director.--

21         (1)  The executive director of the authority shall be

22  appointed by the board and shall serve at the pleasure of the

23  authority.  The executive director shall be selected primarily

24  for administrative ability and knowledge in the field, without

25  regard to political affiliation.

26         (2)  The executive director shall not, directly or

27  indirectly, exert influence to induce any other officers or

28  employees of the state to adopt a political view, or to favor

29  a political candidate for office.

30         (3)  The executive director shall advise the authority

31  on matters relating to agricultural land and property and

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  1  finance; carry out all directives from the authority; and hire

  2  and supervise the authority's staff, which shall include a

  3  general counsel to advise and assist the executive director in

  4  carrying out the purposes of this act, pursuant to the

  5  direction of the board.

  6         (4)  The executive director, as secretary of the

  7  authority, shall be custodian of all books, documents, minute

  8  books, seals, and papers filed with the authority. The

  9  executive director may cause to be made copies of all minutes

10  and other records and documents of the authority and shall

11  give certificates under the seal of the authority that the

12  copies are true copies and that all persons dealing with the

13  authority may rely upon the certificates.

14         570.257  Annual report.--

15         (1)  The authority shall submit to the Governor, the

16  President of the Senate, and the Speaker of the House of

17  Representatives not later than February 15 of each year a

18  complete and economically designed and reproduced report

19  setting forth:

20         (a)  The operations and accomplishments of the

21  authority.

22         (b)  The authority's receipts and expenditures during

23  the fiscal year, in accordance with the classifications it

24  establishes for its operating and capital accounts.

25         (c)  The authority's assets and liabilities at the end

26  of its fiscal year and the status of reserve, special, and

27  other funds.

28         (d)  A schedule of the authority's bonds and notes

29  outstanding at the end of its fiscal year, together with a

30  statement of the amounts redeemed and issued during its fiscal

31  year.

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  1         (e)  A statement of the authority's proposed and

  2  projected activities.

  3         (f)  Recommendations to the Legislature, as the

  4  authority deems necessary.

  5         (g)  An analysis of the needs of beginning farmers and

  6  other farmers in the state, as well as of agribusiness

  7  projects funded by the authority.

  8         (2)  The annual report shall identify performance goals

  9  of the authority and clearly indicate the extent of progress

10  during the reporting period in attaining the goals.  Where

11  possible, results shall be expressed in terms of number of

12  loans and acres of agricultural land, establishment of new or

13  alternative agricultural crops, and value-added programs for

14  Florida farmers and agribusiness.

15         570.258  Surplus moneys.--Moneys declared by the

16  authority to be surplus moneys that are not required to

17  service bonds and notes, to pay administrative expenses of the

18  authority, or to accumulate necessary operating or loss

19  reserves shall be used by the authority to provide loans,

20  grants, subsidies, and other services or assistance to

21  beginning farmers or agricultural producers through any of the

22  programs authorized in this act.

23         570.259  Combination programs.--Programs authorized in

24  this act may be combined with any other programs authorized in

25  this act or in any other chapter of the Florida Statutes or

26  under any federal program or programs of any other state in

27  order to facilitate, as far as practicable, the acquisition

28  and ownership of agricultural land and property by beginning

29  or existing farmers or to facilitate the implementation of

30  soil and water conservation practices, the implementation of

31  new and alternative agricultural crops in this state, and the

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  1  implementation of the technology transfer between the United

  2  States Department of Agriculture, the State of Florida, and

  3  the Technological Development Research Authority.

  4         570.260  Beginning farmer loan program.--

  5         (1)  The authority shall develop a beginning farmer

  6  loan program to facilitate the acquisition of agricultural

  7  land and improvements and depreciable agricultural property by

  8  beginning farmers. The authority shall exercise the powers

  9  granted to it in this act in order to fulfill the goal of

10  providing financial assistance to beginning farmers in the

11  acquisition of agricultural land and improvements and

12  depreciable agricultural property. The authority may

13  participate in and cooperate with programs of the United

14  States Department of Agriculture Consolidated Farm Service

15  Agency, the federal land bank, or any other agency or

16  instrumentality of the Federal Government, or with any program

17  of any other state agency in the administration of the

18  beginning farmer loan program and in the making or purchasing

19  of bonds, notes, mortgages, or secured loans pursuant to this

20  act.

21         (2)  The authority may participate in any federal

22  programs designed to assist beginning farmers or in any

23  related federal or state programs.

24         (3)  The authority shall provide by rule the criteria

25  upon which loans to or on behalf of a beginning farmer program

26  will be provided and shall ensure that such rules comply with

27  the United States Internal Revenue Code, as from time to time

28  amended, for "first-time farmers" under Section 147 of the

29  Internal Revenue Code.

30         (4)  The authority may provide in a mortgage or secured

31  loan made or purchased pursuant to this act that the loan may

                                  17

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  1  not be assumed or that any interest in the agricultural land

  2  or improvements or depreciable agricultural property may not

  3  be leased, sold, or otherwise conveyed without its prior

  4  written consent, and may provide a due-on-sale clause with

  5  respect to the occurrence of any of the foregoing events

  6  without its prior written consent. The authority may provide

  7  by rule the grounds for permitted assumptions of a mortgage or

  8  for the leasing, sale, or other conveyance of any interest in

  9  the agricultural land or improvements. The authority shall,

10  however, provide and state in a mortgage or secured loan that

11  the authority has the power to raise the interest rate of the

12  loan to the prevailing market rate if the mortgage or secured

13  loan is assumed by a farmer who is already established in that

14  field at the time of the assumption of the loan.

15         (5)  The authority may participate in any interest in

16  any mortgage or secured loan made or purchased pursuant to

17  this act with a mortgage or other lender. The participation

18  interest may be on a parity with the interest in the mortgage

19  or secured loan retained by the authority, equally and ratably

20  secured by the mortgage or securing agreement securing the

21  mortgage or secured loan.

22         570.261  Loans to beginning farmers.--

23         (1)  The authority may make mortgage or secured loans,

24  including, but not limited to, mortgage or secured loans

25  insured, guaranteed, or otherwise secured by the Federal

26  Government or a federal governmental agency or

27  instrumentality, a state agency, or private mortgage insurers,

28  to beginning farmers to provide financing for agricultural

29  land and improvements or depreciable agricultural property.

30         (2)  Mortgage or secured loans shall contain terms and

31  provisions, including interest rates, and be in a form

                                  18

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  1  established by rules of the authority. The authority may

  2  require the beginning farmer to execute a note, loan

  3  agreement, or other evidence of indebtedness and furnish

  4  additional assurances and guarantees, including insurance,

  5  reasonably related to protecting the security of the mortgage

  6  or secured loan, as the authority deems necessary.

  7         570.262  Loans to mortgage lenders and other lenders.--

  8         (1)  The authority may make and contract to make loans

  9  to mortgage lenders or other lenders on terms and conditions

10  it determines are reasonably related to protecting the

11  security of the authority's investment and to implementing the

12  purposes of this act. Mortgage lenders are authorized to

13  borrow from the authority in accordance with the provisions of

14  this section and the rules of the authority.

15         (2)  The authority shall require as a condition of each

16  loan to a mortgage lender that the mortgage lender, within a

17  reasonable period after receipt of the loan proceeds as the

18  authority prescribes by rule, shall have entered into written

19  commitments to make and, within a reasonable period thereafter

20  as the authority prescribes by rule, shall have disbursed the

21  loan proceeds in new mortgage or secured loans to beginning

22  farmers in an aggregate principal amount of not less than the

23  amount of the loan. New mortgage or secured loans shall have

24  terms and conditions as the authority prescribes by rules

25  which are reasonably related to implementing the purposes of

26  this act.

27         570.263  Purchase of loans.--

28         (1)  The authority may purchase and make advance

29  commitments to purchase mortgage or secured loans from

30  mortgage lenders at prices and upon terms and conditions it

31  determines. However, the total purchase price for all mortgage

                                  19

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  1  or secured loans that the authority commits to purchase from a

  2  mortgage lender at any one time shall not exceed the total of

  3  the unpaid principal balances of the mortgage or secured loans

  4  purchased. Mortgage lenders are authorized to sell mortgage or

  5  secured loans to the authority in accordance with the

  6  provisions of this section and the rules of the authority.

  7         (2)  The authority shall require as a condition of

  8  purchase of mortgage or secured loans from mortgage lenders

  9  that the mortgage lenders certify that the mortgage or secured

10  loans purchased are loans made to beginning farmers. Mortgage

11  or secured loans to be made by mortgage lenders shall have

12  such terms and conditions as the authority prescribes by rule.

13  The authority may make a commitment to purchase mortgage or

14  secured loans from mortgage lenders in advance of the time the

15  loans are made by mortgage lenders. The authority shall

16  require as a condition of a commitment that mortgage lenders

17  certify in writing that all mortgage or secured loans

18  represented by the commitment will be made to beginning

19  farmers and that the mortgage lender will comply with other

20  authority specifications.

21         570.264  Powers relating to loans.--Subject to any

22  agreement with bondholders or noteholders, the authority may

23  renegotiate a mortgage or secured loan or a loan to a mortgage

24  lender in default, waive a default or consent to the

25  modification of the terms of a mortgage or secured loan or a

26  loan to a mortgage lender, forgive or forbear all or part of a

27  mortgage or secured loan or a loan to a mortgage lender, and

28  commence, prosecute, and enforce a judgment in any action,

29  including, but not limited to, a foreclosure action, to

30  protect or enforce any right conferred upon it by law,

31  mortgage or secured loan agreement, contract, or other

                                  20

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  1  agreement and, in connection with any action, bid for and

  2  purchase the property or acquire or take possession of it,

  3  complete, administer, pay the principal of and interest on any

  4  obligations incurred in connection with the property, and

  5  dispose of and otherwise deal with the property in a manner

  6  the authority deems advisable to protect its interests.

  7         570.265  Bonds and notes.--

  8         (1)  The authority may issue its negotiable bonds and

  9  notes in principal amounts that, in the opinion of the

10  authority, are necessary to provide sufficient funds for

11  achievement of its corporate purposes, the payment of interest

12  on its bonds and notes, the establishment of reserves to

13  secure its bonds and notes, and all other expenditures of the

14  authority incident to and necessary or convenient to carry out

15  its purposes and powers. The bonds and notes shall be deemed

16  to be investment securities and negotiable instruments within

17  the meaning of and for all purposes of the Uniform Commercial

18  Code.

19         (2)  Bonds and notes are payable solely and only out of

20  the moneys, assets, or revenues of the authority and as

21  provided in the agreement with bondholders or noteholders

22  pledging any particular moneys, assets, or revenues. Bonds or

23  notes are not an obligation of this state or any political

24  subdivision of this state other than the authority within the

25  meaning of any constitutional or statutory debt limitations,

26  but are special obligations of the authority payable solely

27  and only from the sources provided in this act, and the

28  authority shall not pledge the credit or taxing power of this

29  state or any political subdivision of this state other than

30  the authority or make its debts payable out of any moneys

31  except those of the authority.

                                  21

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  1         (3)  Bonds and notes must be authorized by a resolution

  2  of the authority. A resolution authorizing the issuance of

  3  bonds or notes may, however, delegate to an officer of the

  4  authority the power to negotiate and fix the details of an

  5  issue of bonds or notes by an appropriate certificate of the

  6  authorized officer.

  7         (4)  In addition to any notice required from time to

  8  time under the Internal Revenue Code for federally tax exempt

  9  bonds, the authority shall publish a notice of intention to

10  issue bonds or notes in a newspaper of general circulation

11  published in the state. The notice shall include a statement

12  of the maximum amount of bonds or notes proposed to be issued

13  and, in general, what net revenues will be pledged to pay the

14  bonds or notes and interest thereon. An action shall not be

15  brought questioning the legality of the bonds or notes or the

16  power of the authority to issue the bonds or notes or as to

17  the legality of any proceedings in connection with the

18  authorization or issuance of the bonds or notes after 60 days

19  from the date of publication of the notice.

20         (5)  Bonds and notes issued by the authority for

21  purposes of financing the beginning farmer loan program

22  provided in s. 570.260 are exempt from all taxation by the

23  state including, but not limited to, income, documentary stamp

24  taxes, and intangible taxes, and interest earned on the bonds

25  and notes is deductible in determining net income for purposes

26  of the corporate income tax under chapter 220.

27         570.266  Reserve funds and appropriations.--The

28  authority may create and establish one or more special funds,

29  each to be known as a "bond reserve fund," and shall pay into

30  each bond reserve fund any moneys appropriated and made

31  available by the state for the purpose of the fund, any

                                  22

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  1  proceeds of the sale of notes or bonds to the extent provided

  2  in the resolutions of the authority authorizing their

  3  issuance, and any other moneys that are available to the

  4  authority for the purpose of the fund from any other sources.

  5  Moneys held in a bond reserve fund, except as otherwise

  6  provided in this act, shall be used as required solely for the

  7  payment of the principal of bonds secured in whole or in part

  8  by the fund or of the sinking fund payments with respect to

  9  the bonds, the purchase or redemption of the bonds, the

10  payment of interest on the bonds, or the payments of any

11  redemption premium required to be paid when the bonds are

12  redeemed prior to maturity.

13         570.267  Remedies of bondholders and noteholders.--

14         (1)  If the authority defaults in the payment of

15  principal or interest on an issue of bonds or notes at

16  maturity or upon call for redemption and the default continues

17  for a period of 30 days, or if the authority fails or refuses

18  to comply with the provisions of this act or defaults in an

19  agreement made with the holders of an issue of bonds or notes,

20  the holders of 25 percent in aggregate principal amount of

21  bonds or notes of the issue then outstanding, by instrument

22  filed in the office of the clerk of the county in which the

23  principal office of the authority is located and proved or

24  acknowledged in the same manner as a deed to be recorded, may

25  appoint a trustee to represent the holders of the bonds or

26  notes for the purposes provided in this section.

27         (2)  The authority or any trustee appointed under the

28  indenture under which the bonds or notes are issued may, but

29  upon written request of the holders of 25 percent in aggregate

30  principal amount of the issue of bonds or notes then

31  outstanding shall:

                                  23

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  1         (a)  Enforce all rights of the bondholders or

  2  noteholders, including the right to require the authority to

  3  carry out its agreements with the holders and to perform its

  4  duties under this act.

  5         (b)  Bring suit upon the bonds or notes.

  6         (c)  By action, require the authority to account as if

  7  it were the trustee of an express trust for the holders.

  8         (d)  By action, enjoin any acts or things that are

  9  unlawful or in violation of the rights of the holders.

10         (e)  Declare all the bonds or notes due and payable

11  and, if all defaults are made good, then with the consent of

12  the holders of 25 percent of the aggregate principal amount of

13  the issue of bonds or notes then outstanding annul the

14  declaration and its consequences.

15         (3)  The trustee shall also have all powers necessary

16  or appropriate for the exercise of functions specifically set

17  forth or incident to the general representation of bondholders

18  or noteholders in the enforcement and protection of their

19  rights.

20         (4)  Before declaring the principal of bonds or notes

21  due and payable, the trustee shall first give 30 days' notice

22  in writing to the Governor, to the authority, and to the

23  Attorney General.

24         (5)  The circuit court has jurisdiction of any action

25  by the trustee on behalf of bondholders or noteholders. The

26  venue of the action shall be in the county in which the

27  principal office of the authority is located.

28

29  The bondholders or noteholders may, to the extent provided in

30  the resolution to which the bonds or notes were issued or in

31  its agreement with the authority, enforce any of the remedies

                                  24

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  1  in paragraphs (2)(a)-(e) or the remedies provided in such

  2  proceedings or agreements for and on their own behalf.

  3         570.268  Agreement of the state.--The state pledges and

  4  agrees with the holders of any bonds or notes that the state

  5  will not limit or alter the rights vested in the authority to

  6  fulfill the terms of agreements made with the holders of such

  7  bonds or notes or in any way impair the rights and remedies of

  8  the holders of such bonds or notes until the bonds or notes

  9  together with the interest thereon, plus interest on unpaid

10  installments of interest, and all costs and expenses in

11  connection with an action by or on behalf of the holders of

12  such bonds are fully met and discharged. The authority may

13  include this pledge and agreement of the state in any

14  agreement with the holders of bonds or notes.

15         570.269  Bonds and notes as legal investments.--Bonds

16  and notes are securities in which public officers, state

17  departments and agencies, political subdivisions, pension and

18  retirement funds, insurance companies and other persons

19  carrying on an insurance business, banks, trust companies,

20  savings and loan associations, investment companies, credit

21  unions, and other persons carrying on a banking business,

22  administrators, executors, guardians, conservators, trustees

23  and other fiduciaries, and other persons authorized to invest

24  in bonds or other obligations of this state may properly and

25  legally invest funds, including capital in their control or

26  belonging to them. Bonds and notes are also securities that

27  may be deposited with and received by public officers, state

28  departments and agencies, and political subdivisions for any

29  purpose for which the deposit of bonds or other obligations of

30  this state is authorized.

31         570.270  Moneys of the authority.--

                                  25

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  1         (1)  Moneys of the authority, except as otherwise

  2  provided in this act, shall be paid to the authority and shall

  3  be deposited in a bank or other financial institution

  4  designated by the authority. The moneys of the authority shall

  5  be withdrawn on the order of the person authorized by the

  6  authority. Deposits shall be secured in the manner determined

  7  by the authority. The Auditor General may periodically examine

  8  the accounts and books of the authority, including its

  9  receipts, disbursements, contracts, leases, sinking funds,

10  investments, and any other records and papers relating to its

11  financial standing. The authority shall not be required to pay

12  a fee for the examination.

13         (2)  The authority may contract with holders of its

14  bonds or notes as to the custody, collection, security,

15  investment, and payment of moneys of the authority, of moneys

16  held in trust or otherwise for the payment of bonds or notes

17  and to carry out the contract. Moneys held in trust or

18  otherwise for the payment of bonds or notes or in any way to

19  secure bonds or notes and deposits of the moneys may be

20  secured in the same manner as moneys of the authority, and

21  banks and trust companies may give security for the deposits.

22         (3)  Subject to the provisions of any contract with

23  bondholders or noteholders, the authority shall prescribe a

24  system of accounts.

25         (4)  The authority shall submit to the Governor, the

26  Auditor General, the President of the Senate, and the Speaker

27  of the House of Representatives within 30 days of receipt by

28  the authority a copy of the report of every external

29  examination of the books and accounts of the authority other

30  than copies of the reports of examinations made by the Auditor

31  General.

                                  26

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  1         570.271  Limitation of liability.--Members of the

  2  authority and persons acting in its behalf, while acting

  3  within the scope of their employment or agency, are not

  4  subject to personal liability resulting from carrying out the

  5  powers and duties given in this act, and the authority may

  6  carry such insurance or other indemnification for any actions

  7  arising out of such duties.

  8         570.272  Assistance by state officers, agencies, and

  9  departments.--State officers, departments, and agencies shall

10  render services to the authority within their respective

11  functions as requested by the authority.

12         570.273  Liberal interpretation.--This act, being

13  necessary for the welfare of this state and its inhabitants,

14  shall be liberally construed to effect its purposes.

15         570.274  Conflicts of interest.--

16         (1)  If a member or employee other than the executive

17  director of the authority has an interest, either direct or

18  indirect, in a contract to which the authority is or is to be

19  a party or in a mortgage lender or other lender requesting a

20  loan from or offering to sell mortgage or secured loans to the

21  authority, the interest shall be disclosed to the authority in

22  writing and shall be set forth in the minutes of the

23  authority. The member or employee having the interest shall

24  not participate in an action by the authority with respect to

25  such contract or mortgage lender or other lender.

26         (2)  This section does not limit the right of a member,

27  officer, or employee of the authority to acquire an interest

28  in bonds or notes or limit the right of a member or employee

29  other than the executive director to have an interest in a

30  bank, insurance company, or other financial institution in

31  which the funds of the authority are deposited or which is

                                  27

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  1  acting as trustee or paying agent under a trust indenture to

  2  which the authority is a party; nor does this section, except

  3  as to the disclosures required by subsection (1), preclude an

  4  insurance company or financial institution in which an

  5  authority board member or employee, other than the executive

  6  director, has an interest from placing insurance, funding

  7  bonds, or acquiring or selling notes, mortgages, or other

  8  obligations of the authority.

  9         (3)  The executive director shall not have an interest

10  in a bank or other financial institution in which the funds of

11  the authority are deposited or which is acting as trustee or

12  paying agent under a trust indenture to which the authority is

13  a party. The executive director shall not receive, in addition

14  to fixed salary or compensation, any money or valuable thing,

15  either directly or indirectly or through any substantial

16  interest in any other corporation or business unit, for

17  negotiating, procuring, recommending, or aiding in any

18  purchase or sale of property or loan made by the authority,

19  nor shall the executive director be pecuniarily interested,

20  either as principal, co-principal, agent, or beneficiary,

21  either directly or indirectly or through any substantial

22  interest in any other corporation or business unit, in any

23  purchase, sale, or loan.

24         570.275  Exemption from competitive bid laws.--The

25  authority and all contracts made by it in carrying out its

26  public and essential governmental functions shall be exempt

27  from the laws of the state which provide for competitive bids

28  in connection with such contracts.

29         570.276  Trust assets.--The authority shall make

30  application to, and receive from, the United States Secretary

31  of Agriculture, or any other proper federal official, pursuant

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  1  and subject to the provisions of Pub. L. No. 499, 64 Stat. 152

  2  (1950), formerly codified 40 U.S.C. 440 et seq. (1976), all of

  3  the trust assets held by the United States in trust for the

  4  Florida Rural Rehabilitation Corporation, now dissolved.

  5         570.277  Agreements.--The authority may enter into

  6  agreements with the United States Secretary of Agriculture

  7  pursuant to Pub. L. No. 499 s. 2(f) (1950) upon terms and

  8  conditions and for periods of time as are mutually agreeable,

  9  authorizing the authority to accept, administer, expend, and

10  use in the State of Florida all or any part of the trust

11  assets or other funds in the state which have been

12  appropriated for use in carrying out the purposes of the

13  Bankhead-Jones Farm Tenant Act and to do any and all things

14  necessary to effectuate and carry out the purposes of said

15  agreements.

16         570.278  Liability.--The United States, the authority,

17  and the United States Secretary of Agriculture shall be held

18  free from liability by virtue of the transfer of assets to the

19  Florida Agricultural Development Authority as specified in

20  this act.

21         570.279  Additional beginning farmer loan program.--

22         (1)  The authority may enter into a loan agreement with

23  a beginning farmer to finance, in whole or in part, the

24  acquisition by construction or purchase of agricultural land,

25  agricultural improvements, or depreciable agricultural

26  property in excess of the limits of s. 147 of the Internal

27  Revenue Code, as from time to time amended. The repayment

28  obligation of the beginning farmer may be unsecured, or may be

29  secured by a mortgage or security agreement or by other

30  security as the authority deems advisable, and may be

31  evidenced by one or more notes of the beginning farmer and may

                                  29

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  1  be in conjunction with other federal, state, or local loan

  2  programs or grants or by the authority alone. The loan

  3  agreement may contain terms and conditions as the authority

  4  deems advisable, as provided by rule.

  5         (2)  The authority may issue its bonds and notes for

  6  the purposes set forth in subsection (1) and may enter into a

  7  lending agreement or purchase agreement with one or more

  8  bondholders or noteholders containing the terms and conditions

  9  of the repayment of and the security for the bonds or notes.

10  Bonds and notes must be authorized by a resolution of the

11  authority. The authority and the bondholders or noteholders

12  may enter into such agreements as provided by rule.

13         570.280  Agricultural loan assistance program.--

14         (1)  The authority shall establish and develop an

15  agricultural loan assistance program to facilitate the

16  availability of affordable operating capital to farmers,

17  agricultural producers, or agricultural processors by

18  providing grants to lending or educational institutions as

19  provided by this section.

20         (2)  The authority shall make available to farmers and

21  lending institutions eligibility application forms for the

22  agricultural loan assistance program. Applications to the

23  authority for assistance under this section shall be executed

24  jointly by the lending institution and the farmer upon

25  approved forms.

26         (3)  The authority shall provide in the agricultural

27  loan assistance program that a grant will be provided in

28  conjunction with a farmer's operating loan only if the

29  following criteria are satisfied:

30         (a)  The farmer is a resident of the state.

31

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  1         (b)  The farmer is an individual, a partnership,

  2  corporation, limited liability corporation, trust, or limited

  3  agricultural association.

  4         (c)  The farming operation in which the farmer will use

  5  the operating loan is located within the state.

  6         (d)  The operating loan will be used by the farmer for

  7  reasonable and necessary expenses and cash flow requirements

  8  of farming as defined by rules of the authority.

  9         (e)  The farmer has made full disclosure of the

10  farmer's finances to the lending institution and to the

11  authority, to the extent required by the authority.

12         (f)  Additional requirements prescribed by the

13  authority by rule may include, but are not limited to:

14         1.  Participation in federal crop insurance programs,

15  where available.

16         2.  A consideration of the borrower's agreement to

17  maintain farm management techniques and standards established

18  by the authority.

19         3.  Participation in federal farm programs, where

20  applicable.

21         4.  The maximized use of available loan guarantees

22  where applicable.

23         5.  A consideration of factors demonstrating the

24  farmer's need for operating loan assistance and the

25  probability of success with the assistance in the farming

26  operation in which the operating loan will be used, including

27  net worth, debt-to-asset ratio, debt service coverage ratio,

28  projected income, and projected cash flow under rules

29  promulgated by the authority.

30         (4)  The authority may participate in and cooperate

31  with programs of an agency or instrumentality of the Federal

                                  31

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  1  Government in the administration of the agricultural loan

  2  assistance program. The authority may provide in the

  3  agricultural loan assistance program that a grant may be

  4  provided in conjunction with a farmer's operating loan only if

  5  the farmer and lending institution participate in one or more

  6  operating loan assistance programs of an agency or

  7  instrumentality of the Federal Government which are determined

  8  to be appropriate by the authority.

  9         (5)  Upon approval of an eligibility application and a

10  determination by the authority that assistance pursuant to the

11  agricultural loan assistance program is needed to qualify a

12  farmer and lending institution for participation in an

13  appropriate operating loan assistance program of an agency or

14  instrumentality of the Federal Government, the authority may:

15         (a)  Enter into an agreement with the lending

16  institution and the farmer to supplement the assistance to be

17  received pursuant to the federal program, in which agreement

18  the lending institution shall agree to reduce for up to 3

19  years the interest rate on the farmer's operating loan to the

20  rate determined by the authority to be necessary to qualify

21  the farmer and lending institution for participation in the

22  federal program, and the farmer shall agree to comply with the

23  rules and requirements established by the authority.

24         (b)  Agree to give the lending institution, for the

25  benefit of the farmer, a grant in an amount to be determined

26  by the authority to partially reimburse the lending

27  institution for the reduction of the interest rate on the

28  farmer's operating loan under rules established by the

29  authority.

30         (6)  Notwithstanding the provisions of subsections (4)

31  and (5), upon approval of an eligibility application and a

                                  32

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  1  determination by the authority that operating loan assistance

  2  will not be available to an individual farmer and lending

  3  institution on a timely basis pursuant to an appropriate

  4  program of the Federal Government, the authority may:

  5         (a)  Enter into an agreement with the lending

  6  institution and the farmer in which the lending institution

  7  shall agree to reduce for up to 3 years the interest rate on

  8  the farmer's operating loan to a rate, determined by the

  9  authority, below the lending institution's farm operating loan

10  rate as certified to the authority, and the farmer shall agree

11  to comply with the rules and requirements established by the

12  authority.

13         (b)  Agree to give to the lending institution, for the

14  benefit of the farmer, a grant in the amount, as determined by

15  the authority, up to 3 percent per annum of up to $100,000 of

16  the principal balance of the farmer's operating loan

17  outstanding from time to time, for the term of the loan or for

18  3 years, whichever is less, to partially reimburse the lending

19  institution for the reduction of the interest rate on the

20  borrower's operating loan. However, the grant shall not exceed

21  50 percent of the amount of interest foregone by the lending

22  institution pursuant to the rate reduction under paragraph

23  (a).

24         (7)  The authority may require a lending institution to

25  submit evidence satisfactory to the authority that the lending

26  institution has complied with the reduction in the interest

27  rate as required by an agreement pursuant to subsection (5) or

28  subsection (6). The authority may inspect any books and

29  records of a lending institution which are pertinent to the

30  administration of the agricultural loan assistance program.

31

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  1         (8)  In order to assure compliance with this section

  2  and rules adopted pursuant to this section, the authority may

  3  establish by rule appropriate enforcement provisions,

  4  including, but not limited to, the payment of civil penalties

  5  by a lending institution or farmer.

  6         (9)  In no event may the authority or lending

  7  institution charge more than 1.5 percent on the amount of the

  8  loan as a one-time processing charge for any moneys loaned by

  9  the authority or lending institution to the farmer. In making

10  any loan of the authority's or lending institution's funds

11  under this act, no other fees or interest may be charged to

12  the farmer for such a loan.

13         570.2815  Alternative agriculture assistance

14  programs.--

15         (1)  The authority shall create and develop programs to

16  assist farmers, agricultural producers, and agricultural

17  processors who have established or intend to establish in this

18  state alternative agriculture production operations,

19  including, but not limited to, the following assistance:

20         (a)  Insurance or loan guarantee program.--An insurance

21  or loan guarantee program to provide for the insuring or

22  guaranteeing of all or part of a loan made to an agricultural

23  producer for the acquisition of seed or root stock to

24  establish or expand an alternative agriculture operation.

25         (b)  Interest buy-down program.--The authority may

26  contract with a participating lending institution and a

27  qualified agricultural producer to reduce the interest rate

28  charged on a loan for the acquisition of seed or root stock to

29  establish or expand an alternative agriculture operation. The

30  authority shall determine the amount by which the rate is

31  reduced by considering the lending institution's customary

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  1  loan rate for the acquisition of seed or root stock as

  2  certified to the authority by the lending institution. As part

  3  of the contract, in order to partially reimburse the lending

  4  institution for the reduction of the interest rate on the

  5  loan, the authority may agree to grant the lending institution

  6  any amount foregone by reducing the interest rate on that

  7  portion of the loan which is $100,000 or less. The amount

  8  reimbursed, however, may not be more than the lesser of the

  9  following:

10         1.  Three percent per annum of the principal balance of

11  the loan outstanding at any time for the term of the loan or

12  within 1 year from the loan initiation date as defined by

13  rules adopted by the authority, whichever is less.

14         2.  Fifty percent of the amount of interest foregone by

15  the lending institution on the loan.

16         (c)  Cost-sharing program.--The authority may contract

17  with an agricultural producer to reimburse the producer for

18  the cost of converting land planted in row crops or pasture to

19  alternative agricultural crops. The amount reimbursed,

20  however, shall not be more than $250 per acre converted, or 50

21  percent of the conversion costs, whichever is less. The

22  contract shall apply to not more than 500 acres of crop or

23  pasture land converted to alternative agricultural crops. The

24  converted land shall be utilized in alternative agriculture

25  production for a minimum of 5 years. The amount to be

26  reimbursed shall be reduced by the amount that the farmer,

27  agricultural producer, or agricultural processor receives

28  under any other state or federal program that contributes

29  toward the cost of converting the same land from established

30  to alternative agricultural crops.

31

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  1         (d)  Management assistance and training program.--The

  2  authority in cooperation with any agency or instrumentality of

  3  the Federal Government or with any state agency, including any

  4  state university or those associations organized for the

  5  purpose of assisting agricultural producers involved in

  6  alternative agriculture production, or with any farm

  7  management company if such company specializes in alternative

  8  agriculture production or in assisting alternative agriculture

  9  producers, as prescribed by rules adopted by the authority,

10  shall establish programs to train and assist agricultural

11  producers to effectively manage alternative agriculture

12  production operations.

13         (2)  An agricultural producer or processor shall be

14  eligible to participate in a program established under this

15  section based upon criteria established by rules of the

16  authority.

17         (3)  The authority shall adopt rules to enforce the

18  provisions of this section or the terms of a contract to which

19  the authority is a party. The authority may also enforce the

20  provisions of this section or terms of the contract by

21  bringing an action in any court of competent jurisdiction to

22  recover damages. As a condition of entering into the program,

23  the authority may require that the agricultural producer

24  consent to the jurisdiction of the courts of this state to

25  hear any matter arising from the provisions of this section.

26         Section 2.  Section 159.8082, Florida Statutes, is

27  created to read:

28         159.8082  Agricultural development bond pool.--

29         (1)  There is established the agricultural development

30  bond pool.  The agricultural development bond pool shall be

31  available solely to provide written confirmations for private

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  1  activity bonds to the Florida Agricultural Development

  2  Authority to finance agricultural development as described in

  3  s. 570.251 et seq.  Allocations from this pool shall be

  4  awarded for use on a statewide basis pursuant to the

  5  procedures specified in s. 159.805, except that the provisions

  6  of s. 159.805(2) and (3) do not apply.  In issuing written

  7  confirmations of allocations for agricultural development

  8  projects, the division shall use the agricultural development

  9  bond pool.  If allocation is not available from the

10  agricultural development bond pool, the division shall issue

11  written confirmations of allocations for agricultural

12  development projects pursuant to s. 159.806 or s. 159.807, in

13  that order.  For the purposes of determining priority within a

14  regional allocation pool or the state allocation pool, notices

15  of intent to issue bonds for agricultural development projects

16  to be issued from a regional allocation pool or the state

17  allocation pool shall be considered to have been received by

18  the division at the time it is determined by the division that

19  the agricultural development bond pool is unavailable to issue

20  confirmation for such agricultural development project.

21         (2)  Any written confirmation issued by the director

22  pursuant to this section has no effect unless the bonds to

23  which such confirmation applies have been issued by the

24  Florida Agricultural Development Authority and written notice

25  of such issuance has been provided to the director on or

26  before November 15, unless a carryforward has been granted for

27  the allocation.

28         Section 3.  Section 159.804, Florida Statutes, is

29  amended to read:

30         159.804  Allocation of state volume limitation.--The

31  division shall annually determine the amount of private

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  1  activity bonds permitted to be issued in this state under the

  2  Code and shall make such information available upon request to

  3  any person or agency.  The total amount of private activity

  4  bonds authorized to be issued in this state pursuant to the

  5  Code shall be initially allocated as follows on January 1 of

  6  each year:

  7         (1)(a)  On January 1, 1993, the first $75 million of

  8  the state volume limitation shall be allocated to the

  9  manufacturing facility pool established pursuant to s.

10  159.8081. This allocation shall be increased in subsequent

11  years in increments of $7.5 million as follows:  On January 1

12  of each year, if at least 75 percent of the preceding year's

13  allocation under this subsection was used to issue bonds by

14  November 15 of that year, the allocation to the pool for the

15  current year must equal the sum of the amount that was

16  allocated to the pool in the preceding year plus an additional

17  $7.5 million.  If, however, 75 percent of the preceding year's

18  allocation was not used to issue bonds by November 15, the

19  allocation to the pool for the current year must be the same

20  amount as that allocated to the pool in the preceding year.

21         (b)  On January 1, 1999, the next $10 million of the

22  state volume limitation shall be allocated to the agricultural

23  development pool established pursuant to s. 159.8082. This

24  allocation shall be increased in subsequent years in

25  increments of $2 million as follows: on January 1 of each

26  year, if at least 75 percent of the preceding year's

27  allocation under this subsection was used to issue bonds by

28  November 15 of that year, the allocation to the pool for the

29  current year must equal the sum of the amount that was

30  allocated to the pool in the preceding year plus an additional

31  $2 million; if, however, 75 percent of the preceding year's

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  1  allocation was not used to issue bonds by November 15, the

  2  allocation to the pool for the current year must be the same

  3  amount as that allocated to the pool in the preceding year.

  4         (c)(b)  If on January 1 of any year, under federal law,

  5  bonds for manufacturing facilities or agricultural development

  6  no longer require or are eligible for an allocation pursuant

  7  to s. 146 of the Code or if a separate volume cap is

  8  established for agricultural development bonds under federal

  9  law, the allocation of the state volume limitation in the

10  manufacturing facility pool or agricultural development pool,

11  or both, if applicable shall be divided among the remaining

12  pools in the following manner: 50 percent to be shared by the

13  16 regions for use in the manner prescribed in subsection (2);

14  25 percent for use by the Florida Housing Finance Agency in

15  the manner prescribed in subsection (3); 5 percent for use in

16  the state allocation pool in the manner prescribed in

17  subsection (4); and 20 percent for use in the Florida First

18  Business allocation pool in the manner prescribed in

19  subsection (5).

20         (d)(c)  If the state volume limitation imposed on

21  private activity bonds under s. 146 of the Code is decreased,

22  the amount allocated to the manufacturing facility pool shall

23  be decreased in proportion to the percentage the state volume

24  limitation is decreased.

25         (2)(a)  Fifty percent of the state volume limitation

26  remaining after the allocations allocation made pursuant to

27  subsection (1) shall be allocated among the regions

28  established in paragraph (b) for use by all agencies whose

29  boundaries are coterminous with or contained within each

30  region. The volume limitation for each regional allocation

31  pool must be an amount that bears the same ratio to 50 percent

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  1  of the state volume limitation remaining after the allocation

  2  made pursuant to subsection (1) for such calendar year as the

  3  population of the region bears to the population of the entire

  4  state.

  5         (b)  The following regions are established for the

  6  purposes of this allocation:

  7         1.  Region 1 consisting of Bay, Escambia, Holmes,

  8  Okaloosa, Santa Rosa, Walton, and Washington Counties.

  9         2.  Region 2 consisting of Calhoun, Franklin, Gadsden,

10  Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla Counties.

11         3.  Region 3 consisting of Alachua, Bradford, Columbia,

12  Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee,

13  Taylor, and Union Counties.

14         4.  Region 4 consisting of Baker, Clay, Flagler,

15  Nassau, Putnam, and St. Johns Counties.

16         5.  Region 5 consisting of Citrus, Hernando, Levy,

17  Marion, Pasco, and Sumter Counties.

18         6.  Region 6 consisting of Brevard, Lake, Osceola,

19  Seminole, and Volusia Counties.

20         7.  Region 7 consisting of DeSoto, Hardee, Highlands,

21  Manatee, Okeechobee, and Polk Counties.

22         8.  Region 8 consisting of Charlotte, Collier, Glades,

23  Hendry, Lee, Monroe, and Sarasota Counties.

24         9.  Region 9 consisting of Indian River, Martin, and

25  St. Lucie Counties.

26         10.  Region 10 consisting of Broward County.

27         11.  Region 11 consisting of Dade County.

28         12.  Region 12 consisting of Duval County.

29         13.  Region 13 consisting of Hillsborough County.

30         14.  Region 14 consisting of Orange County.

31         15.  Region 15 consisting of Palm Beach County.

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  1         16.  Region 16 consisting of Pinellas County.

  2         (3)(a)  Twenty-five percent of the state volume

  3  limitation remaining after the allocations allocation made

  4  pursuant to subsection (1) shall be allocated to the Florida

  5  Housing Finance Agency for use in connection with the issuance

  6  of housing bonds of that agency or its assigns.

  7         (b)  The Florida Housing Finance Agency need not apply

  8  to the division for an allocation of its volume limitation

  9  granted under paragraph (a) for bonds it issues prior to July

10  1 of any year and is not subject to the fee required under s.

11  159.811.  However, for bonds it intends to issue between July

12  1 and September 29 of any year, utilizing the allocation

13  granted under paragraph (a), the Florida Housing Finance

14  Agency must submit a notice of intent to issue to the division

15  not later than June 30 of such year, and a written

16  confirmation of allocation shall be granted if a sufficient

17  amount of that allocation is available.

18         (c)  The Florida Housing Finance Agency, in its

19  discretion, may, prior to July 1 of each year, assign any

20  portion of the Florida Housing Finance Agency allocation to

21  any agency for the issuance of housing bonds, taking into

22  consideration the ability of the agency to timely issue such

23  bonds, the need and public purpose to be served by the issue,

24  and the ability of the agency to comply with the requirements

25  of federal and state law.  Such assignment is not effective

26  until receipt by the division of notification of the

27  assignment.  A separate allocation from the division is not

28  needed for bonds issued prior to July 1 utilizing such an

29  assignment.  An agency that intends to utilize such an

30  assignment to issue housing bonds between July 1 and September

31  29 of any year must submit a notice of intent to issue to the

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  1  division for the amount of such assignment not later than June

  2  30, and a written confirmation of allocation shall be granted

  3  if a sufficient amount of the allocation under paragraph (a)

  4  is available.  Any amounts representing assignments of which

  5  the division had been notified by the Florida Housing Finance

  6  Agency but for which an issuance report or notice of intent to

  7  issue pursuant to this subsection has not been received by the

  8  division by June 30 of any year shall be reallocated to the

  9  state allocation pool on July 1 of that year.

10         (4)  Five percent of the state volume limitation

11  remaining after the allocations allocation made pursuant to

12  subsection (1) shall be allocated to the state allocation

13  pool, for use as provided in s. 159.807.

14         (5)  Twenty percent of the state volume limitation

15  remaining after the allocations allocation made pursuant to

16  subsection (1) shall be allocated to the Florida First

17  Business allocation pool, to be used as provided in s.

18  159.8083.

19         Section 4.  Subsection (3) of section 159.809, Florida

20  Statutes, is amended to read:

21         159.809  Recapture of unused amounts.--

22         (3)  On November 16 of each year, any portion of the

23  initial allocation, made pursuant to s. 159.804(1), s.

24  159.804(5), or subsection (1) or subsection (2), other than as

25  provided in ss. 159.8082 and s. 159.8083, for which an

26  issuance report for bonds utilizing such an allocation has not

27  been received by the division prior to that date shall be

28  added to the state allocation pool.

29         Section 5.  This act shall take effect July 1, 1998, or

30  upon becoming a law, whichever is earlier.

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1994

  3

  4  This Committee Substitute:

  5  Authorizes the Commissioner of Agriculture, rather than the
    Governor, to appoint three at-large members of the Florida
  6  Agricultural Development Authority.

  7  Deletes a provision allowing the executive director and
    authority staff to be considered state employees and to
  8  receive state retirement and other benefits.

  9  Deletes a provision requiring the authority to provide the
    Division of Bond Financing with a projection of its volume cap
10  requirements each year.

11  Deletes a provision transferring all funds in the Rural
    Community Development Revolving Loan Fund to the Florida
12  Agricultural Development Authority.

13  Prohibits the authority or lending institution from charging
    more than 1.5 percent on the amount of the loan as a one time
14  processing charge for any moneys loaned by the authority or
    lending institution to the farmer under this act.  In making
15  any loan of the authority's funds, no other fees or interest
    may be charged to the farmer for such a loan under this act.
16
    Establishes an agricultural development bond pool to be used
17  solely to provide written confirmations for private activity
    bonds to the Florida Agricultural Development Authority to
18  finance agricultural development.

19  Allocates, on January 1, 1999, the next $10 million of the
    state volume limitation to the agricultural development pool.
20  Requires allocations to be increased in subsequent years in
    specified $2 million increments.
21
    Specifies that on November 16 of each year, any portion of the
22  initial allocation, other than as provided in ss. 159.8082 and
    159.8083, for which an issuance report for bonds has not been
23  received shall be added to the state allocation pool.

24

25

26

27

28

29

30

31

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