House Bill 3111c1

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    Florida House of Representatives - 1998             CS/HB 3111

        By the Committee on Community Affairs and Representatives
    Bradley, Fasano and Greene





  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

  3         s. 290.0301, F.S.; changing the title of the

  4         "Community Development Corporation Support and

  5         Assistance Program Act" to the "Invest in

  6         Neighborhood Vitality and Economies Act";

  7         advancing the date of the repeal of the act to

  8         June 30, 2007; amending s. 290.0311, F.S.;

  9         revising language with respect to legislative

10         findings; providing reference to

11         community-based development organizations;

12         amending s. 290.032, F.S.; revising language

13         with respect to policy and purpose; amending s.

14         290.033, F.S.; providing definitions; amending

15         s. 290.035, F.S.; revising language with

16         respect to eligibility for assistance; amending

17         s. 290.036, F.S.; providing for the

18         community-based development organization

19         support program; providing for core and project

20         administrative grants and procedures; amending

21         s. 290.0365, F.S.; providing for a

22         community-based development training and

23         technical assistance program; amending s.

24         290.037, F.S.; providing for a community

25         development project implementation loan

26         program; amending s. 290.038, F.S.; revising

27         language with respect to the authority and

28         duties of the Department of Community Affairs;

29         amending s. 290.039, F.S.; revising language

30         with respect to reporting requirements;

31         amending s. 290.0395, F.S.; providing for

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  1         program performance review and evaluation;

  2         creating s. 290.055, F.S.; creating the

  3         Rebuilding Urban Neighborhoods Initiative;

  4         repealing s. 290.034, F.S., relating to funding

  5         and use of the Operating Trust Fund; amending

  6         ss. 189.427, 252.82, and 943.25 to conform to

  7         this act; providing an effective date.

  8

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

10

11         Section 1.  Section 290.0301, Florida Statutes, is

12  amended to read:

13         290.0301  Short title.--Sections 290.0311 through

14  290.0395 shall be known and may be cited as the "Invest in

15  Neighborhood Vitality and Economies Act Community Development

16  Corporation Support and Assistance Program Act." This section

17  shall stand repealed on June 30, 2007 1998.

18         Section 2.  Subsections (5), (10), and (11) of section

19  290.0311, Florida Statutes, are amended to read:

20         290.0311  Legislative findings.--The Legislature finds

21  that:

22         (5)  This deterioration contributes to the decline of

23  neighborhoods in both rural and urban and surrounding areas,

24  causes a reduction of the value of property comprising the tax

25  base of local communities, and eventually requires the

26  expenditure of disproportionate amounts of public funds for

27  health, social services, and police protection to prevent the

28  development of slums and the social and economic disruption

29  found in slum communities.

30         (10)  A viable means of eliminating or reducing these

31  deteriorating economic conditions and encouraging local

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  1  resident participation and support is to provide support

  2  assistance and resource investment to community-based

  3  community development organizations corporations. The

  4  Legislature also finds that community-based development

  5  organizations can contribute to the creation of jobs in

  6  response to federal welfare reform and state WAGES legislation

  7  and economic development activities related to urban and rural

  8  economic initiatives.

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

10  2007 1998.

11         Section 3.  Section 290.032, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section.  See

14         s. 290.032, F.S., for present text.)

15         290.032  Policy and purpose.--It is the policy of this

16  state to improve the quality of neighborhoods as environments

17  in which children and families live, by supporting and

18  fostering positive change in a broad range of domains to

19  achieve comprehensive improvements in conditions throughout

20  the neighborhood over time. Such community or neighborhood

21  redevelopment shall be based on the following principles:

22         (1)  Bottom-up, community-focused approach.

23         (2)  Enables and supports the effort of the

24  neighborhoods to make improvements.

25         (3)  Requires a holistic focus on the neighborhood to

26  address all needs in coordinated fashion, including:

27         (a)  Need for community-based leadership.

28         (b)  Empower neighborhood governance of the process.

29         (c)  Human service delivery.

30         (d)  Public infrastructure.

31         (e)  Housing and safety.

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  1         (f)  Economic development.

  2         (4)  Mandates neighborhood collaboration of all

  3  partners.

  4         (5)  Empowers residents to make decisions on

  5  improvements.

  6         (6)  Builds consensus for a shared vision for the

  7  future of the neighborhood.

  8         (7)  Sets definitive performance goals to achieve

  9  specific outcomes for the neighborhood.

10

11  The purpose of this act is to assist community-based

12  development organizations in undertaking projects, in concert

13  with state and local government and private enterprise,

14  designed to create and maintain a sound industrial base, to

15  revitalize the health of established commercial areas, to

16  promote and retain employment opportunities, to preserve and

17  rehabilitate existing residential neighborhoods, and to

18  provide safe, decent, affordable housing for residents of

19  these areas. The Legislature, therefore, declares that the

20  development, redevelopment, preservation, restoration, and

21  revitalization of such communities and all the purposes of

22  this act are public purposes for which public moneys may be

23  used. This section shall stand repealed on June 30, 2007.

24         Section 4.  Section 290.033, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section.  See

27         s. 290.033, F.S., for present text.)

28         290.033  Definitions.--As used in this act, the term:

29         (1)  "Department" means the Department of Community

30  Affairs.

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  1         (2)  "Community-based development organization" means a

  2  community-based nonprofit organization, which may also be

  3  known as a "CBDO," that is committed to or engaged in

  4  developing or managing real estate or business enterprises in

  5  economically distressed neighborhoods. To qualify, an agency

  6  must be community based in that the majority of the board is

  7  elected by a mix of stakeholders consisting of area residents,

  8  area business and property owners, and persons employed in the

  9  service area and demonstrate an ability to undertake

10  affordable housing, business assistance, or commercial

11  developments.

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

13         (4)  "Neighborhood comprehensive revitalization plan"

14  means a long-term holistic, integrated, and collaborative

15  strategic plan for the improvement of a defined service area

16  or neighborhood that was prepared by and approved by a

17  collaborative partnership of residents, community-based

18  organizations, local government representatives, churches,

19  schools, businesses, and other community stakeholders that

20  sets forth the shared vision for the service area and

21  identifies specific, measurable outcomes. This comprehensive,

22  holistic plan shall address the wide array of interrelated

23  needs including, but not limited to, human services, jobs and

24  economic development, housing, safety, public infrastructure,

25  health care, education, community organization, neighborhood

26  governance, and social organizations. The plan must describe

27  an organization's mission; include strategies to maintain

28  community involvement; demonstrate innovation, efficiency, and

29  accountability to the benefit of the service area

30  stakeholders; and identify sources of anticipated revenue.

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  1         (5)  "Project" means a public and private activity or

  2  series of activities, designed to be carried out in a

  3  specific, definable location, that achieve objectives which

  4  are consistent with the agency's neighborhood comprehensive

  5  revitalization plan and the provisions and intent of this act.

  6         (6)  "Secretary" means the Secretary of Community

  7  Affairs.

  8         (7)  "Service area" or "target area" means the entire

  9  area in which a community-based development organization

10  operates and in which community development grant and loan

11  funds are to be spent.

12         (8)  "Permanent job" means a full-time position, the

13  duration of which exceeds 12 months and which consists of an

14  average of at least 30 hours per week of employment.

15         (9)  "Temporary job" means a full-time or part-time

16  position, the duration of which exceeds 45 days, which

17  consists of an average of at least 15 hours per week of

18  employment, and which is not a permanent job.

19         (10)  This section shall stand repealed on June 30,

20  2007.

21         Section 5.  Section 290.035, Florida Statutes, is

22  amended to read:

23         290.035  Eligibility for assistance.--Community-based

24  community development organizations corporations meeting the

25  following requirements shall be eligible for assistance:

26         (1)  The community-based community development

27  organization corporation must be a nonprofit corporation under

28  state law or a local development company established under

29  state law and certified to be eligible to participate in the

30  Small Business Administration Loan Program under s. 502 of the

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  1  Small Business Investment Act of 1958, as amended, and must

  2  meet the following further requirements:

  3         (a)  Its membership must be open to all service area

  4  residents 18 years of age or older.

  5         (b)  A majority of its board members must be elected by

  6  those members of the corporation who are stakeholders

  7  comprised of a mix of service area residents, area business

  8  and property owners, and area employees.

  9         (c)  Elections must be held annually for at least a

10  third of the elected board members so that elected members

11  serve terms of no more than 3 years.

12         (d)  Elections must be adequately publicized within the

13  service area, and ample opportunity must be provided for full

14  participation.

15         (e)  At least one of the board members shall be

16  appointed by the Governor.

17         (2)  The community-based community development

18  organization corporation shall maintain a service area in

19  which economic development projects are located which meets

20  one or more of the following criteria:

21         (a)  The area has been designated pursuant to s.

22  163.355 as a slum area or a blighted area as defined in s.

23  163.340(7) or (8) or is located completely within the

24  boundaries of a slum or blighted area.

25         (b)  The area is a community development block grant

26  program area in which community development block grant funds

27  are currently being spent or have been spent during the last 3

28  years as certified by the local government in which the

29  service area is located.

30         (c)  The area is a neighborhood housing service

31  district.

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  1         (d)  The area is contained within a state an enterprise

  2  zone designated on or after July 1, 1995, in accordance with

  3  pursuant to s. 290.0065.

  4         (e)  The area is contained in federal empowerment zones

  5  and enterprise communities.

  6         (3)  This section shall stand repealed on June 30, 2007

  7  1998.

  8         Section 6.  Section 290.036, Florida Statutes, is

  9  amended to read:

10         (Substantial rewording of section.  See

11         s. 290.036, F.S., for present text.)

12         290.036  Community-based development organization

13  support program; administrative grants and procedures.--

14         (1)  The department is authorized to award core and

15  project administrative grants and project implementation

16  loans. Administrative grants shall be used for staff salaries

17  and administrative expenses for eligible community-based

18  development organizations selected through a competitive

19  three-tiered process. The department shall develop a set of

20  criteria for three-tiered funding that shall ensure equitable

21  geographic distribution of the funding throughout the state.

22  This three-tiered plan shall include emerging, intermediate,

23  and mature community-based development organizations

24  recognizing the varying needs of the three tiers. Funding

25  shall be provided for core administrative grants for all

26  levels of community-based development organizations. Priority

27  shall be given to those organizations that demonstrate

28  community-based high performance. Project administrative

29  grants tied to project implementation loans shall be available

30  to all levels of community-based development organizations

31  depending upon their capacity. Extensive training and

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  1  technical assistance shall be available to all community-based

  2  development organizations. Persons, equipment, supplies, and

  3  other resources funded in whole or in part by grant funds

  4  shall then be utilized to further the purposes of this act.

  5  Eligible activities include, but are not limited to:

  6         (a)  Preparing grant and loan applications, proposals,

  7  fundraising letters, and other documents essential to securing

  8  additional administrative or project funds to further the

  9  purposes of this act.

10         (b)  Monitoring and administrating grants and loans,

11  providing technical assistance to businesses, and any other

12  administrative tasks essential to maintaining funding

13  eligibility or meeting contractual obligations.

14         (c)  Developing local programs to encourage the

15  participation of financial institutions, insurance companies,

16  attorneys, architects, engineers, planners, law enforcement

17  officers, developers, and other professional firms and

18  individuals providing services beneficial to redevelopment

19  efforts.

20         (d)  Providing management, technical, accounting, and

21  financial assistance and information to businesses and

22  entrepreneurs interested in locating, expanding, or operating

23  in the service area.

24         (e)  Coordinating with state, federal, and local

25  governments and other nonprofit organizations to ensure that

26  activities meet local plans and ordinances and to avoid

27  duplication of tasks.

28         (f)  Preparing plans or performing research to identify

29  critical needs within the service area and developing

30  approaches to address those needs.

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  1         (g)  Assisting service area residents in identifying

  2  and determining eligibility for state, federal, and local

  3  housing programs including rehabilitation, weatherization,

  4  homeownership, rental assistance, or public housing programs.

  5         (h)  Developing, owning, and managing housing designed

  6  for very-low-income persons, low-income persons, or WAGES

  7  recipients; or developing, owning, and managing industrial

  8  parks providing jobs to very-low-income persons, low-income

  9  persons, or WAGES recipients.

10         (i)  Preparing the neighborhood comprehensive

11  revitalization plan with baseline data, outcome measures, and

12  estimates of service area impact as a result of job-generating

13  or revenue-generating businesses, or enterprise assistance, or

14  units of commercial, industrial, or affordable housing

15  developments.

16         (2)  A community-based development organization

17  applying for an administrative grant pursuant to this section

18  must submit a proposal to the department which includes:

19         (a)  A map and narrative description of the service

20  areas for the community-based development organization.

21         (b)  A copy of the documents creating the

22  community-based development organization.

23         (c)  A listing of the membership of the board,

24  including individual terms of office.

25         (d)  An annual plan that describes the expenditure of

26  the funds, including goals, objectives, and expected results,

27  and which has a clear relationship to the agency's

28  neighborhood comprehensive revitalization strategy.

29         (e)  Other supporting information which may be required

30  by the department.

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  1         (3)  The amount of any core administrative grant to an

  2  emerging community-based development organization in any 1

  3  year shall be no more than $50,000. The amount of any core

  4  administrative grant to an intermediate community-based

  5  development organization shall be no more than $30,000. The

  6  department may fund as many community-based development

  7  organizations each year as is permitted based on the level of

  8  funds provided for in the General Appropriations Act.

  9         (4)  The amount of any project administrative grant to

10  any community-based development organization shall be no more

11  than $15,000 for every $100,000 of project implementation

12  loans.

13         (5)  A community-based development organization that

14  receives funding hereunder shall submit to the department an

15  annual year-end audit performed by an independent certified

16  public accountant.

17         (6)  In evaluating proposals pursuant to this section,

18  the department shall develop and consider scoring criteria

19  including, but not limited to, the following:

20         (a)  The relative degree of distress of the service

21  areas of the community-based development organization.

22         (b)  The demonstrable capacity of the community-based

23  development organization to improve the economic health of the

24  service area and carry out the activities contained in the

25  long-term revitalization plan.

26         (c)  The degree to which the community-based

27  development organization would provide assistance to

28  very-low-income persons, low-income persons, and particularly

29  WAGES recipients.

30         (d)  The service area of the community-based

31  development organization which is located in whole or in part

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  1  within a state enterprise zone designated pursuant to s.

  2  290.0065, a federal empowerment zone, or an enterprise

  3  community.

  4         (e)  The extent to which the proposal would further the

  5  policy and purposes of this act.

  6         (7)  The department is authorized to award project

  7  administrative grants from the fund to community-based

  8  development organizations for staff salaries, administrative

  9  expenses, and the added cost of technical assistance directly

10  related to job-generating and revenue-generating enterprises,

11  including business, commercial, or affordable housing

12  developments. Eligible organizations shall apply for

13  competitive funding under the three categories of: business

14  assistance, commercial, and affordable housing development.

15  The allocations of funds to these three categories will be

16  made by the department subject to funding availability and

17  trends in the amount of qualified proposals submitted under

18  each category. Community-based development organizations

19  receiving funds under this section shall be subject to all

20  applicable requirements of ss. 290.034(1), 290.035, 290.037,

21  290.038, and 290.039, as determined by the department.

22         (8)  The department shall award funding hereunder based

23  upon a three-tiered approach which recognizes the differing

24  capacities of new and emerging, intermediate, and mature

25  community-based development organizations. No community-based

26  development organization may apply for funding in more than

27  one tier in any 1 fiscal year.

28         (a)  Tier I, for new and emerging community-based

29  development organizations, shall offer, on a competitive

30  basis, a minimum of five core administrative grants of up to

31  $50,000, annually. Once tier I community-based development

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  1  organizations have achieved a minimum level of capacity, they

  2  shall be eligible to apply for, on a competitive funding

  3  basis, a project implementation loan of no more than $100,000

  4  and an accompanying project administrative grant of up to

  5  $15,000. Tier I community-based development organizations

  6  shall also receive extensive training and technical assistance

  7  designed to enhance the organization's capacity and thereby

  8  enable it to undertake more complex development projects.

  9         (b)  Tier II, for intermediate level community-based

10  development organizations, shall be eligible to apply on a

11  competitive basis for core administrative grants of up to

12  $30,000, annually, and shall be eligible to apply for, on a

13  competitive basis, project implementation loans of up to

14  $300,000, annually, per community-based development

15  organization and an accompanying project administrative grant

16  of up to $45,000. Tier II community-based development

17  organizations shall also receive training and technical

18  assistance services hereunder.

19         (c)  Tier III, for mature level community-based

20  development organizations, shall be ineligible to apply for

21  core administrative grant funding. Such community-based

22  development organizations shall be eligible to apply for, on a

23  competitive basis, project implementation loans of up to

24  $400,000, annually, per community-based development

25  organization and an accompanying project administrative grant

26  of up to $60,000. Tier III community-based development

27  organizations shall also receive training and technical

28  assistance services hereunder.

29         (d)  No development project funded hereunder shall

30  exceed $200,000, annually, per community-based development

31  organization. A community-based development organization can

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  1  apply for project implementation loans in up to three

  2  categories of business development, affordable housing, and

  3  commercial development, within the dollar limitations

  4  contained herein. Project implementation grants shall be based

  5  on up to $15,000 in grant funds for every $100,000 awarded in

  6  loan funds.

  7         (9)  A community-based development organization

  8  applying for project administrative grants pursuant to this

  9  section must submit a proposal to the department which

10  includes:

11         (a)  A map and narrative description of the target

12  areas for the community-based development organization.

13         (b)  A copy of the documents creating the

14  community-based development organization.

15         (c)  A listing of the membership of the board,

16  including individual terms of office.

17         (d)  A copy of the community-based development

18  organization's neighborhood comprehensive revitalization plan.

19         (e)  A description of the location, financing plan, and

20  potential impact of the business enterprise or residential,

21  commercial, or industrial development which shows a clear

22  relationship to the organization's neighborhood comprehensive

23  revitalization plan and demonstrates how the proposed

24  expenditures are directly related to the project.

25         (10)  In evaluating proposals pursuant to this section,

26  the department shall develop and consider scoring criteria,

27  including, but not limited to, the following:

28         (a)  The reasonableness of project goals and production

29  schedules.

30

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  1         (b)  Prior experience and performance of the applicant

  2  in the production of similar housing, commercial, or business

  3  developments.

  4         (c)  The extent of financial leveraging with private

  5  and public funding.

  6         (d)  The demonstrable capacity of the community-based

  7  development organization to improve the economic health of the

  8  target area as seen by the reasonableness of its comprehensive

  9  neighborhood revitalization plan and the impact of the

10  proposed project.

11         (e)  The degree to which the project will benefit

12  very-low-income persons, low-income persons, and particularly

13  WAGES recipients.

14         (f)  The location of the target area of the

15  community-based development organization, in whole or in part,

16  in a state enterprise zone designated on or after July 1,

17  1995, in accordance with s. 290.0065 or a federal empowerment

18  zone or enterprise community.

19         (g)  The extent to which the proposal would further the

20  policy and purposes of this act.

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

22  2007.

23         Section 7.  Section 290.0365, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 290.0365, F.S., for present text.)

27         290.0365  Community-based development training and

28  technical assistance program.--

29         (1)  LEGISLATIVE FINDINGS.--In addition to the

30  legislative findings set forth in s. 290.0311, the Legislature

31  finds and declares that:

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  1         (a)  Significant declines in resources make it

  2  difficult for community-based development organizations to

  3  generate sufficient revenues from business enterprises or real

  4  estate ventures in low-income neighborhoods to fund the

  5  predevelopment costs, technical assistance, and other

  6  administrative expenses needed to foster new developments.

  7         (b)  The financing and planning of large-scale

  8  developments is becoming increasingly complex and

  9  community-based development organizations, even those with

10  considerable experience, often lack the expertise to structure

11  project financing, partnerships, and joint ventures to

12  accelerate and expand development activities in distressed

13  communities.

14         (c)  Local governments and private lenders are

15  demonstrating a willingness to provide risk capital and

16  project financing, but they are seldom able to provide

17  technical support and training to the staff of community-based

18  development organizations.

19         (2)  PURPOSE.--The purpose of this section is to

20  provide community-based development organizations with the

21  necessary training and technical support to plan, implement,

22  and manage job-generating and revenue-generating developments

23  in distressed neighborhoods. This will strengthen the

24  organizational capacity of community-based development

25  organizations, assist local governments to enhance and expand

26  revitalization efforts, and contribute to expanding the base

27  of commerce, business, and affordable housing that will

28  benefit persons who are very-low-income, low-income, or WAGES

29  recipients.

30         (3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The

31  Department of Community Affairs shall be responsible for

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  1  securing the necessary expertise, which may include

  2  subcontracts with nonprofit organizations, to provide training

  3  and technical support to the staff and board of

  4  community-based development organizations, as appropriate, and

  5  to persons forming such organizations, which are formed for

  6  the purpose of redeveloping commercial and residential areas

  7  and revitalizing businesses within distressed neighborhoods

  8  for the benefit of very-low-income residents, low-income

  9  residents, and WAGES recipients.

10         (a)  The training component of the program shall assist

11  organizations receiving administrative grants through a

12  developmental curriculum to build board and staff capacities

13  to implement or manage affordable housing, commercial, or

14  business enterprises. Training will include, but not be

15  limited to, resource development, project management, real

16  estate financing, business or venture plan development,

17  strategic planning for community economic development, and

18  community leadership and participation.

19         (b)  The technical assistance provider shall conduct

20  onsite assessments, involving the board and staff, to prepare

21  a technical assistance plan for new and emerging

22  organizations. The scope and nature of the training will

23  compliment the annual performance objectives of the

24  organizations from the development of a neighborhood

25  comprehensive revitalization plan.

26         (c)  Technical support shall be provided to

27  community-based development organizations receiving project

28  administrative grants, as appropriate, in methods of financing

29  and structuring housing, business, or commercial development

30  projects. This will be in the form of one-on-one technical

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  1  assistance secured by either the department or by the

  2  community-based development organization.

  3         (d)  The department shall coordinate the technical

  4  assistance and training in support of affordable housing

  5  development with programs funded under s. 420.606.

  6         (e)  The department may permit other community-based

  7  development organizations to participate in the training based

  8  on the availability of classes, funding, and the priority of

  9  need.

10         (4)  REPEAL.--This section shall stand repealed on June

11  30, 2007.

12         Section 8.  Section 290.037, Florida Statutes, is

13  amended to read:

14         (Substantial rewording of section.  See

15         s. 290.037, F.S., for present text.)

16         290.037  Community development project implementation

17  loan program.--

18         (1)  The department is authorized to make loans, within

19  the limits of specific appropriations, to eligible applicants

20  for the following purposes:

21         (a)  Financial assistance to a new or existing business

22  venture located within a community-based development

23  organization service area;

24         (b)  New construction or substantial rehabilitation of

25  housing to be utilized by very-low-income and low-income

26  families and individuals, and WAGES recipients; and

27         (c)  Commercial developments located within the

28  community-based development organization's service area.

29         (2)  A community-based development organization

30  applying for a loan pursuant to this section must submit the

31  information required by s. 290.036(2).

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  1         (3)  In no case shall loans to one community-based

  2  development organization exceed 40 percent of the total annual

  3  appropriation for loans during any given year or $400,000,

  4  whichever is less.

  5         (4)  A community-based development organization that

  6  receives a loan shall submit to the department an annual audit

  7  performed by an independent certified public accountant;

  8  however, this subsection shall not be construed to require the

  9  submittal of more than one audit by an individual

10  community-based development organization submitting pursuant

11  to s. 290.036.

12         (5)  In evaluating proposals pursuant to this section,

13  the department shall consider:

14         (a)  The economic feasibility of the project and the

15  capacity of the venture to repay the loan.

16         (b)  The relative degree of distress of the target

17  area.

18         (c)  The ratio of private and nonstate public money

19  committed to a project to the amount of state money to be

20  committed.

21         (d)  The demonstrated inability of the borrower to

22  secure funding from conventional sources at the terms offered

23  by the community-based development organization.

24         (e)  The number of temporary and permanent jobs

25  generated by the project.

26         (f)  The overall net positive impact of the project

27  long term on local economic and social conditions.

28         (g)  The degree to which the project directly benefits

29  or provides assistance to very-low-income individuals,

30  low-income individuals, or job-displaced individuals or WAGES

31  recipients.

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  1         (h)  The demonstrable capacity of the community-based

  2  development organization and technical assistance providers to

  3  see that the project is successfully carried out and managed.

  4         (6)  Loans permitted under this section for affordable

  5  housing may be used for the purpose of providing first,

  6  second, or other subordinated mortgage loans or loan

  7  guarantees in the construction of single-family homeownership

  8  or multifamily rental units affordable to very-low-income

  9  persons and low-income persons and WAGES recipients in the

10  target area.

11         (7)  All loans to a community-based development

12  organization shall be at interest rates not to exceed 3

13  percent and shall be repaid within 15 years or on a basis

14  approved by the department, except as provided in subsection

15  (8).

16         (8)  Upon the termination of any project as a result of

17  the sale or failure of the business, all recoverable state

18  funds shall be returned to the department for deposit into the

19  Operating Trust Fund. When losses are incurred, the

20  community-based development organization shall make a diligent

21  and good-faith effort to recover the full indebtedness from

22  the business venture, including foreclosure of security and

23  recovery from guarantors. Upon completion of all such efforts

24  to the satisfaction of the department, the department shall

25  write off the unpaid balance of the loan.

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

27  2007.

28         Section 9.  Paragraph (f) of subsection (2) and

29  subsection (3) of section 290.038, Florida Statutes, are

30  amended to read:

31         290.038  Authority and duties of the department.--

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  1         (2)  The department may:

  2         (f)  Assist in training employees of community-based

  3  community development organizations corporations to help

  4  achieve and increase their capacity to administer programs

  5  pursuant to this act and provide technical assistance and

  6  advice to community-based community development organizations

  7  corporations involved with these programs.

  8         (3)  The department shall be the state agency

  9  responsible for implementation of the urban redevelopment

10  efforts, and shall:

11         (a)  Provide grants and loans authorized under the

12  INVEST initiative.

13         (b)  Provide grants to community-based development

14  organizations to support the development of the neighborhood

15  collaboration and its community redevelopment plan.

16         (c)  Provide a clearinghouse function to assist in

17  identifying resources available to implement community

18  redevelopment strategies.

19         (d)  Provide staff coordinator to designated Rebuilding

20  Urban Neighborhoods initiatives.

21         (e)  Provide for technical assistance to neighborhoods

22  from any agency of the state, the state university system, and

23  other private providers in areas including identification of

24  stakeholders, consensus building, meeting facilitation,

25  conflict resolution, group decisionmaking, community planning

26  processes, outcome measurement, and capacity building for

27  organizations.

28         (4)(3)  This section shall stand repealed on June 30,

29  2007 1998.

30         Section 10.  Section 290.039, Florida Statutes, is

31  amended to read:

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  1         (Substantial rewording of section.  See

  2         s. 290.039, F.S., for present text.)

  3         290.039  Reporting requirements.--

  4         (1)  Community-based development organizations which

  5  receive funds under INVEST shall provide the following

  6  information to the department annually:

  7         (a)  A listing of business firms and individuals

  8  assisted by the community-based development organization

  9  during the reporting period.

10         (b)  A listing of the type, source, purpose, and amount

11  of each individual grant, loan, or donation received by the

12  community-based development organization during the reporting

13  period.

14         (c)  The number of paid and voluntary positions within

15  the community-based development organization.

16         (d)  A listing of the salaries and administrative

17  expenses of the community-based development organization.

18         (e)  An identification and explanation of changes to

19  the target area boundaries.

20         (f)  The amount of assets and liabilities and the fund

21  balance for the community-based development organization at

22  the beginning and end of the reporting period.

23         (g)  The number and description of projects attempted,

24  the number and description of projects completed, and a

25  written explanation of the reasons that caused projects not to

26  be completed.

27         (h)  The impact on target area residents and its

28  relationship to expected outcomes listed in the agency's

29  comprehensive neighborhood revitalization plan, as a result of

30  receiving INVEST funding.

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  1         (2)  Community-based development organizations which

  2  receive project administrative grants shall provide the

  3  following general information to the department annually:

  4         (a)  A listing of salaries and administrative expenses

  5  of the community-based development organization on approved

  6  projects that receive project administrative grant funding.

  7         (b)  An identification and explanation of changes to

  8  the target area boundaries.

  9         (c)  The impact of the completed project on target area

10  residents and its relationship to expected outcomes listed in

11  the agency's comprehensive neighborhood revitalization plan.

12         (3)  Community-based development organizations which

13  receive project administrative grants, or a combination of

14  core administrative and project and grant funds, shall provide

15  the following information on applicable projects to the

16  department annually:

17         (a)  The number of housing units rehabilitated or

18  constructed by the community-based development organization

19  within the service area during the reporting period.

20         (b)  The number and amount of loans made to businesses

21  or individual entrepreneurs in the target area during the

22  reporting period.

23         (c)  The number of outstanding loans made to businesses

24  or individuals in the service area by the community-based

25  development organization, the balance of the loans, and the

26  payment history of the borrowers during the reporting period.

27         (d)  The number of jobs, both permanent and temporary,

28  received by individuals who were directly assisted by the

29  community-based development organization through assistance to

30  the business such as a loan or other credit assistance.

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  1         (e)  An identification and explanation of changes to

  2  the service area boundaries.

  3         (f)  The impact of the completed project on target area

  4  residents and its relationship to expected outcomes listed in

  5  the agency's comprehensive neighborhood revitalization plan.

  6         (g)  Such other information as the department may

  7  require.

  8         (4)  The department shall submit an annual report to

  9  the Speaker of the House of Representatives and the President

10  of the Senate which contains the cumulative data submitted by

11  the individual community-based development organizations

12  pursuant to subsection (1). The report shall be submitted by

13  January 1 of each year.

14         (5)  This section shall stand repealed on June 30,

15  2007.

16         Section 11.  Section 290.0395, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section.  See

19         s. 290.0395, F.S., for present text.)

20         290.0395  Program performance review and evaluation.--

21         (1)  Each community-based development organization

22  which receives funding under the Invest in Neighborhood

23  Vitality and Economies Program shall be subject to an annual

24  performance review by the department. At a minimum, the review

25  shall determine whether contract objectives are being or have

26  been met in a timely and efficient manner, expected project

27  outcomes are being or have been realized, and the impact of

28  completed projects produced the results desired by the

29  community-based development organization as stated in its

30  comprehensive neighborhood revitalization plan and other

31  supporting documentation for receipt of the grants or loans.

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  1         (2)  Prior to the 2007 Regular Session of the

  2  Legislature, the Office of Program Policy Analysis and

  3  Government Accountability shall perform an evaluation of ss.

  4  290.0301-290.039, using the reporting data specified in s.

  5  290.039 and any other data identified by the department and

  6  the Office of Program Policy Analysis and Government

  7  Accountability as crucial to the evaluation of this program.

  8  The report shall critique the Invest in Neighborhood Vitality

  9  and Economies Program and shall include an analysis of the

10  improvements in the service area as a result of the holistic

11  and collaborative efforts of the organizations and partners

12  within the service area.

13         (3)  A report of the findings and recommendations of

14  the Office of Program Policy Analysis and Government

15  Accountability shall be submitted to the President of the

16  Senate and the Speaker of the House of Representatives prior

17  to the 2007 Regular Session.

18         (4)  This section shall stand repealed on June 30,

19  2007.

20         Section 12.  Section 290.055, Florida Statutes, is

21  created to read:

22         290.055  Rebuilding Urban Neighborhoods Initiative.--

23         (1)  SHORT TITLE.--This section shall be known and may

24  be cited as the "Rebuilding Urban Neighborhoods Initiative."

25         (2)  PURPOSE.--The Department of Community Affairs

26  shall carry out, in accordance with this section, a training

27  and technical assistance program to rebuild urban

28  neighborhoods through coordinated urban community

29  redevelopment, utilizing effective state and local government

30  and neighborhood partnerships that will leverage resources

31  needed to improve living conditions for children and families.

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  1         (3)  PROGRAM.--The department will provide planning

  2  grants and technical assistance to communities seeking to

  3  revitalize distressed areas using the principles of holistic

  4  and collaborative planning and service delivery. A community

  5  based organization (CBO) will be eligible to receive

  6  assistance from the department upon certification by the

  7  department that identified readiness criteria are in place.

  8         (4)  ROLES.--

  9         (a)  The Department of Community Affairs.--The

10  department will provide:

11         1.  Administration and oversight of the planning grant

12  program.

13         2.  Technical assistance through existing programs of

14  the department in the areas of planning, affordable housing,

15  public safety, social services, energy conservation,

16  infrastructure, and building collaborative, holistic

17  initiatives.

18         3.  A clearinghouse to disseminate information

19  resulting from the research and successful outreach activities

20  of numerous initiatives as well as information on available

21  state and federal resources to carry out redevelopment

22  initiatives.

23         4.  Coordination of the delivery of technical

24  assistance and other resources from other state entities to

25  develop and implement comprehensive neighborhood

26  revitalization plans. These other state entities will include

27  the Florida Housing Finance Corporation for affordable housing

28  programs, Enterprise Florida, Inc., and the Office of Tourism,

29  Trade, and Economic Development for business development and

30  job creation programs.

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  1         (b)  The State University System.--The State University

  2  System, through a coordinating entity whose mission is to

  3  provide outreach to local governments and distressed

  4  communities in redevelopment initiatives, is empowered to

  5  provide expert technical assistance and facilitation services

  6  to these initiatives.

  7         (c)  Community based organizations.--Community based

  8  organizations will perform the principal leadership function

  9  at the local level, being responsible for organizing a

10  collaborative approach to community involvement and a holistic

11  neighborhood improvement strategy to guide immediate and

12  long-term improvements.

13         (5)  READINESS CRITERIA.--In order to be selected by

14  the department to receive state funding support, an initiative

15  must have the following elements:

16         (a)  A well defined, small neighborhood having

17  conditions of blight and distress.

18         (b)  A lead community-based development organization

19  with the capacity to guide and sustain a collaborative,

20  long-term initiative.

21         (c)  Evidence of a collaborative team.

22         (d)  Demonstrated local government commitment.

23         (e)  Commitment to a planning/implementation model

24  having documented baseline data, multiple elements (holistic

25  and comprehensive), measurable outcomes, and an evaluation

26  component.

27         (6)  REPORTS.--The department shall submit an annual

28  report to the Committees on Community Affairs in the House of

29  Representatives and the Senate. The report shall contain a

30  summary of activities carried out under this section during

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  1  the preceding fiscal year, and findings and conclusions drawn

  2  from such activities.

  3         Section 13.  Section 290.034, Florida Statutes, is

  4  repealed.

  5         Section 14.  Section 189.427, Florida Statutes, is

  6  amended to read:

  7         189.427  Fee schedule; Operating Trust Fund.--The

  8  Department of Community Affairs, by rule, shall establish a

  9  schedule of fees to pay one-half of the costs incurred by the

10  department in administering this act, except that the fee may

11  not exceed $175 per district per year. The fees collected

12  under this section shall be deposited in the Operating Trust

13  Fund established under s. 290.034, which shall be administered

14  by the Department of Community Affairs. Any fee rule must

15  consider factors such as the dependent and independent status

16  of the district and district revenues for the most recent

17  fiscal year as reported to the Department of Banking and

18  Finance. The department may assess fines of not more than $25,

19  with an aggregate total not to exceed $50, as penalties

20  against special districts that fail to remit required fees to

21  the department. It is the intent of the Legislature that

22  general revenue funds will be made available to the department

23  to pay one-half of the cost of administering this act.

24         Section 15.  Subsection (7) of section 252.82, Florida

25  Statutes, is amended to read:

26         252.82  Definitions.--As used in this part:

27         (7)  "Trust fund" means the Operating Trust Fund

28  established in s. 290.034.

29         Section 16.  Subsection (1) of section 943.25, Florida

30  Statutes, is amended to read:

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  1         943.25  Criminal justice trust funds; source of funds;

  2  use of funds.--

  3         (1)  The Department of Community Affairs may approve,

  4  for disbursement from the Operating Trust Fund established

  5  pursuant to s. 290.034, those appropriated sums necessary and

  6  required by the state for grant matching, implementing,

  7  administering, evaluating, and qualifying for such federal

  8  funds. Disbursements from the trust fund for the purpose of

  9  supplanting state general revenue funds may not be made

10  without specific legislative appropriation.

11         Section 17.  This act shall take effect October 1 of

12  the year in which enacted.

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