House Bill 3111e1

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                                       CS/HB 3111, First Engrossed



  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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                                       CS/HB 3111, First Engrossed



  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; creating s. 420.0007, F.S.; providing

  8         an exemption from property taxation for

  9         charitable non-profit low income housing

10         properties; providing an effective date.

11

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

13

14         Section 1.  Section 290.0301, Florida Statutes, is

15  amended to read:

16         290.0301  Short title.--Sections 290.0311 through

17  290.0395 shall be known and may be cited as the "Invest in

18  Neighborhood Vitality and Economies Act Community Development

19  Corporation Support and Assistance Program Act." This section

20  shall stand repealed on June 30, 2007 1998.

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

22  290.0311, Florida Statutes, are amended to read:

23         290.0311  Legislative findings.--The Legislature finds

24  that:

25         (5)  This deterioration contributes to the decline of

26  neighborhoods in both rural and urban and surrounding areas,

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

28  base of local communities, and eventually requires the

29  expenditure of disproportionate amounts of public funds for

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

31


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                                       CS/HB 3111, First Engrossed



  1  development of slums and the social and economic disruption

  2  found in slum communities.

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

  4  deteriorating economic conditions and encouraging local

  5  resident participation and support is to provide support

  6  assistance and resource investment to community-based

  7  community development organizations corporations. The

  8  Legislature also finds that community-based development

  9  organizations can contribute to the creation of jobs in

10  response to federal welfare reform and state WAGES legislation

11  and economic development activities related to urban and rural

12  economic initiatives.

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

14  2007 1998.

15         Section 3.  Section 290.032, Florida Statutes, is

16  amended to read:

17         (Substantial rewording of section.  See

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

19         290.032  Policy and purpose.--It is the policy of this

20  state to improve the quality of neighborhoods as environments

21  in which children and families live, by supporting and

22  fostering positive change in a broad range of domains to

23  achieve comprehensive improvements in conditions throughout

24  the neighborhood over time. Such community or neighborhood

25  redevelopment shall be based on the following principles:

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

27         (2)  Enables and supports the effort of the

28  neighborhoods to make improvements.

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

30  address all needs in coordinated fashion, including:

31         (a)  Need for community-based leadership.


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                                       CS/HB 3111, First Engrossed



  1         (b)  Empower neighborhood governance of the process.

  2         (c)  Human service delivery.

  3         (d)  Public infrastructure.

  4         (e)  Housing and safety.

  5         (f)  Economic development.

  6         (4)  Mandates neighborhood collaboration of all

  7  partners.

  8         (5)  Empowers residents to make decisions on

  9  improvements.

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

11  future of the neighborhood.

12         (7)  Sets definitive performance goals to achieve

13  specific outcomes for the neighborhood.

14

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

16  development organizations in undertaking projects, in concert

17  with state and local government and private enterprise,

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

19  revitalize the health of established commercial areas, to

20  promote and retain employment opportunities, to preserve and

21  rehabilitate existing residential neighborhoods, and to

22  provide safe, decent, affordable housing for residents of

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

24  development, redevelopment, preservation, restoration, and

25  revitalization of such communities and all the purposes of

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

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

28         Section 4.  Section 290.033, Florida Statutes, is

29  amended to read:

30         (Substantial rewording of section.  See

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


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                                       CS/HB 3111, First Engrossed



  1         290.033  Definitions.--As used in this act, the term:

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

  3  Affairs.

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

  5  community-based nonprofit organization, which may also be

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

  7  developing or managing real estate or business enterprises in

  8  economically distressed neighborhoods. To qualify, an agency

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

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

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

12  service area and demonstrate an ability to undertake

13  affordable housing, business assistance, or commercial

14  developments.

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

16         (4)  "Neighborhood comprehensive revitalization plan"

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

18  strategic plan for the improvement of a defined service area

19  or neighborhood that was prepared by and approved by a

20  collaborative partnership of residents, community-based

21  organizations, local government representatives, churches,

22  schools, businesses, and other community stakeholders that

23  sets forth the shared vision for the service area and

24  identifies specific, measurable outcomes. This comprehensive,

25  holistic plan shall address the wide array of interrelated

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

27  economic development, housing, safety, public infrastructure,

28  health care, education, community organization, neighborhood

29  governance, and social organizations. The plan must describe

30  an organization's mission; include strategies to maintain

31  community involvement; demonstrate innovation, efficiency, and


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                                       CS/HB 3111, First Engrossed



  1  accountability to the benefit of the service area

  2  stakeholders; and identify sources of anticipated revenue.

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

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

  5  specific, definable location, that achieve objectives which

  6  are consistent with the agency's neighborhood comprehensive

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

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

  9  Affairs.

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

11  area in which a community-based development organization

12  operates and in which community development grant and loan

13  funds are to be spent.

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

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

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

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

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

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

20  employment, and which is not a permanent job.

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

22  2007.

23         Section 5.  Section 290.035, Florida Statutes, is

24  amended to read:

25         290.035  Eligibility for assistance.--Community-based

26  community development organizations corporations meeting the

27  following requirements shall be eligible for assistance:

28         (1)  The community-based community development

29  organization corporation must be a nonprofit corporation under

30  state law or a local development company established under

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


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                                       CS/HB 3111, First Engrossed



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

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

  3  meet the following further requirements:

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

  5  residents 18 years of age or older.

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

  7  those members of the corporation who are stakeholders

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

  9  and property owners, and area employees.

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

11  third of the elected board members so that elected members

12  serve terms of no more than 3 years.

13         (d)  Elections must be adequately publicized within the

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

15  participation.

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

17  appointed by the Governor.

18         (2)  The community-based community development

19  organization corporation shall maintain a service area in

20  which economic development projects are located which meets

21  one or more of the following criteria:

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

23  163.355 as a slum area or a blighted area as defined in s.

24  163.340(7) or (8) or is located completely within the

25  boundaries of a slum or blighted area.

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

27  program area in which community development block grant funds

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

29  years as certified by the local government in which the

30  service area is located.

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                                       CS/HB 3111, First Engrossed



  1         (c)  The area is a neighborhood housing service

  2  district.

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

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

  5  pursuant to s. 290.0065.

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

  7  and enterprise communities.

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

  9  1998.

10         Section 6.  Section 290.036, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section.  See

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

14         290.036  Community-based development organization

15  support program; administrative grants and procedures.--

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

17  project administrative grants and project implementation

18  loans. Administrative grants shall be used for staff salaries

19  and administrative expenses for eligible community-based

20  development organizations selected through a competitive

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

22  criteria for three-tiered funding that shall ensure equitable

23  geographic distribution of the funding throughout the state.

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

25  and mature community-based development organizations

26  recognizing the varying needs of the three tiers. Funding

27  shall be provided for core administrative grants for all

28  levels of community-based development organizations. Priority

29  shall be given to those organizations that demonstrate

30  community-based high performance. Project administrative

31  grants tied to project implementation loans shall be available


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                                       CS/HB 3111, First Engrossed



  1  to all levels of community-based development organizations

  2  depending upon their capacity. Extensive training and

  3  technical assistance shall be available to all community-based

  4  development organizations. Persons, equipment, supplies, and

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

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

  7  Eligible activities include, but are not limited to:

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

  9  fundraising letters, and other documents essential to securing

10  additional administrative or project funds to further the

11  purposes of this act.

12         (b)  Monitoring and administrating grants and loans,

13  providing technical assistance to businesses, and any other

14  administrative tasks essential to maintaining funding

15  eligibility or meeting contractual obligations.

16         (c)  Developing local programs to encourage the

17  participation of financial institutions, insurance companies,

18  attorneys, architects, engineers, planners, law enforcement

19  officers, developers, and other professional firms and

20  individuals providing services beneficial to redevelopment

21  efforts.

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

23  financial assistance and information to businesses and

24  entrepreneurs interested in locating, expanding, or operating

25  in the service area.

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

27  governments and other nonprofit organizations to ensure that

28  activities meet local plans and ordinances and to avoid

29  duplication of tasks.

30

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                                       CS/HB 3111, First Engrossed



  1         (f)  Preparing plans or performing research to identify

  2  critical needs within the service area and developing

  3  approaches to address those needs.

  4         (g)  Assisting service area residents in identifying

  5  and determining eligibility for state, federal, and local

  6  housing programs including rehabilitation, weatherization,

  7  homeownership, rental assistance, or public housing programs.

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

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

10  recipients; or developing, owning, and managing industrial

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

12  persons, or WAGES recipients.

13         (i)  Preparing the neighborhood comprehensive

14  revitalization plan with baseline data, outcome measures, and

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

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

17  units of commercial, industrial, or affordable housing

18  developments.

19         (2)  A community-based development organization

20  applying for an administrative grant pursuant to this section

21  must submit a proposal to the department which includes:

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

23  areas for the community-based development organization.

24         (b)  A copy of the documents creating the

25  community-based development organization.

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

27  including individual terms of office.

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

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

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

31  neighborhood comprehensive revitalization strategy.


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                                       CS/HB 3111, First Engrossed



  1         (e)  Other supporting information which may be required

  2  by the department.

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

  4  emerging community-based development organization in any 1

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

  6  administrative grant to an intermediate community-based

  7  development organization shall be no more than $45,000. The

  8  amount of core administrative grant to a mature

  9  community-based development organization shall be no more than

10  $40,000. The department may fund as many community-based

11  development organizations each year as is permitted based on

12  the level of funds provided for in the General Appropriations

13  Act.

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

15  any community-based development organization shall be no more

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

17  loans.

18         (5)  A community-based development organization that

19  receives funding hereunder shall submit to the department an

20  annual year-end audit performed by an independent certified

21  public accountant.

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

23  the department shall develop and consider scoring criteria

24  including, but not limited to, the following:

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

26  areas of the community-based development organization.

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

28  development organization to improve the economic health of the

29  service area and carry out the activities contained in the

30  long-term revitalization plan.

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                                       CS/HB 3111, First Engrossed



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

  2  development organization would provide assistance to

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

  4  WAGES recipients.

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

  6  development organization which is located in whole or in part

  7  within a state enterprise zone designated pursuant to s.

  8  290.0065, a federal empowerment zone, or an enterprise

  9  community.

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

11  policy and purposes of this act.

12         (7)  The department is authorized to award project

13  administrative grants from the fund to community-based

14  development organizations for staff salaries, administrative

15  expenses, and the added cost of technical assistance directly

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

17  including business, commercial, or affordable housing

18  developments. Eligible organizations shall apply for

19  competitive funding under the three categories of: business

20  assistance, commercial, and affordable housing development.

21  The allocations of funds to these three categories will be

22  made by the department subject to funding availability and

23  trends in the amount of qualified proposals submitted under

24  each category. Community-based development organizations

25  receiving funds under this section shall be subject to all

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

27  290.038, and 290.039, as determined by the department.

28         (8)  The department shall award funding hereunder based

29  upon a three-tiered approach which recognizes the differing

30  capacities of new and emerging, intermediate, and mature

31  community-based development organizations. No community-based


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                                       CS/HB 3111, First Engrossed



  1  development organization may apply for funding in more than

  2  one tier in any 1 fiscal year.

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

  4  development organizations, shall offer, on a competitive

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

  6  $50,000, annually. Once tier I community-based development

  7  organizations have achieved a minimum level of capacity, they

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

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

10  and an accompanying project administrative grant of up to

11  $15,000. Tier I community-based development organizations

12  shall also receive extensive training and technical assistance

13  designed to enhance the organization's capacity and thereby

14  enable it to undertake more complex development projects.

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

16  development organizations, shall be eligible to apply on a

17  competitive basis for core administrative grants of up to

18  $45,000, annually, and shall be eligible to apply for, on a

19  competitive basis, project implementation loans of up to

20  $300,000, annually, per community-based development

21  organization and an accompanying project administrative grant

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

23  organizations shall also receive training and technical

24  assistance services hereunder.

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

26  development organizations, shall be eligible to apply, on a

27  competitive basis, for core administrative grants of up to

28  $40,000, annually.  Such community-based development

29  organizations shall be eligible to apply for, on a competitive

30  basis, project implementation loans of up to $400,000,

31  annually, per community-based development organization and an


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                                       CS/HB 3111, First Engrossed



  1  accompanying project administrative grant of up to $60,000.

  2  Tier III community-based development organizations shall also

  3  receive training and technical assistance services hereunder.

  4         (d)  No development project funded hereunder shall

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

  6  organization. A community-based development organization can

  7  apply for project implementation loans in up to three

  8  categories of business development, affordable housing, and

  9  commercial development, within the dollar limitations

10  contained herein. Project implementation grants shall be based

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

12  loan funds.

13         (9)  A community-based development organization

14  applying for project administrative grants pursuant to this

15  section must submit a proposal to the department which

16  includes:

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

18  areas for the community-based development organization.

19         (b)  A copy of the documents creating the

20  community-based development organization.

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

22  including individual terms of office.

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

24  organization's neighborhood comprehensive revitalization plan.

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

26  potential impact of the business enterprise or residential,

27  commercial, or industrial development which shows a clear

28  relationship to the organization's neighborhood comprehensive

29  revitalization plan and demonstrates how the proposed

30  expenditures are directly related to the project.

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                                       CS/HB 3111, First Engrossed



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

  2  the department shall develop and consider scoring criteria,

  3  including, but not limited to, the following:

  4         (a)  The reasonableness of project goals and production

  5  schedules.

  6         (b)  Prior experience and performance of the applicant

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

  8  developments.

  9         (c)  The extent of financial leveraging with private

10  and public funding.

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

12  development organization to improve the economic health of the

13  target area as seen by the reasonableness of its comprehensive

14  neighborhood revitalization plan and the impact of the

15  proposed project.

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

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

18  WAGES recipients.

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

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

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

22  1995, in accordance with s. 290.0065 or a federal empowerment

23  zone or enterprise community.

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

25  policy and purposes of this act.

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

27  2007.

28         Section 7.  Section 290.0365, Florida Statutes, is

29  amended to read:

30         (Substantial rewording of section. See

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


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                                       CS/HB 3111, First Engrossed



  1         290.0365  Community-based development training and

  2  technical assistance program.--

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

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

  5  finds and declares that:

  6         (a)  Significant declines in resources make it

  7  difficult for community-based development organizations to

  8  generate sufficient revenues from business enterprises or real

  9  estate ventures in low-income neighborhoods to fund the

10  predevelopment costs, technical assistance, and other

11  administrative expenses needed to foster new developments.

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

13  developments is becoming increasingly complex and

14  community-based development organizations, even those with

15  considerable experience, often lack the expertise to structure

16  project financing, partnerships, and joint ventures to

17  accelerate and expand development activities in distressed

18  communities.

19         (c)  Local governments and private lenders are

20  demonstrating a willingness to provide risk capital and

21  project financing, but they are seldom able to provide

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

23  development organizations.

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

25  provide community-based development organizations with the

26  necessary training and technical support to plan, implement,

27  and manage job-generating and revenue-generating developments

28  in distressed neighborhoods. This will strengthen the

29  organizational capacity of community-based development

30  organizations, assist local governments to enhance and expand

31  revitalization efforts, and contribute to expanding the base


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                                       CS/HB 3111, First Engrossed



  1  of commerce, business, and affordable housing that will

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

  3  recipients.

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

  5  Department of Community Affairs shall be responsible for

  6  securing the necessary expertise, which may include

  7  subcontracts with nonprofit organizations, to provide training

  8  and technical support to the staff and board of

  9  community-based development organizations, as appropriate, and

10  to persons forming such organizations, which are formed for

11  the purpose of redeveloping commercial and residential areas

12  and revitalizing businesses within distressed neighborhoods

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

14  residents, and WAGES recipients.

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

16  organizations receiving administrative grants through a

17  developmental curriculum to build board and staff capacities

18  to implement or manage affordable housing, commercial, or

19  business enterprises. Training will include, but not be

20  limited to, resource development, project management, real

21  estate financing, business or venture plan development,

22  strategic planning for community economic development, and

23  community leadership and participation.

24         (b)  The technical assistance provider shall conduct

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

26  a technical assistance plan for new and emerging

27  organizations. The scope and nature of the training will

28  compliment the annual performance objectives of the

29  organizations from the development of a neighborhood

30  comprehensive revitalization plan.

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                                       CS/HB 3111, First Engrossed



  1         (c)  Technical support shall be provided to

  2  community-based development organizations receiving project

  3  administrative grants, as appropriate, in methods of financing

  4  and structuring housing, business, or commercial development

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

  6  assistance secured by either the department or by the

  7  community-based development organization.

  8         (d)  The department shall coordinate the technical

  9  assistance and training in support of affordable housing

10  development with programs funded under s. 420.606.

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

12  development organizations to participate in the training based

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

14  need.

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

16  30, 2007.

17         Section 8.  Section 290.037, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section.  See

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

21         290.037  Community development project implementation

22  loan program.--

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

24  the limits of specific appropriations, to eligible applicants

25  for the following purposes:

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

27  venture located within a community-based development

28  organization service area;

29         (b)  New construction or substantial rehabilitation of

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

31  families and individuals, and WAGES recipients; and


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                                       CS/HB 3111, First Engrossed



  1         (c)  Commercial developments located within the

  2  community-based development organization's service area.

  3         (2)  A community-based development organization

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

  5  information required by s. 290.036(2).

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

  7  development organization exceed 40 percent of the total annual

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

  9  whichever is less.

10         (4)  A community-based development organization that

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

12  performed by an independent certified public accountant;

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

14  submittal of more than one audit by an individual

15  community-based development organization submitting pursuant

16  to s. 290.036.

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

18  the department shall consider:

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

20  capacity of the venture to repay the loan.

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

22  area.

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

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

25  committed.

26         (d)  The demonstrated inability of the borrower to

27  secure funding from conventional sources at the terms offered

28  by the community-based development organization.

29         (e)  The number of temporary and permanent jobs

30  generated by the project.

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                                       CS/HB 3111, First Engrossed



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

  2  long term on local economic and social conditions.

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

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

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

  6  recipients.

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

  8  development organization and technical assistance providers to

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

10         (6)  Loans permitted under this section for affordable

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

12  second, or other subordinated mortgage loans or loan

13  guarantees in the construction of single-family homeownership

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

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

16  target area.

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

18  organization shall be at interest rates not to exceed 3

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

20  approved by the department, except as provided in subsection

21  (8).

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

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

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

25  Operating Trust Fund. When losses are incurred, the

26  community-based development organization shall make a diligent

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

28  the business venture, including foreclosure of security and

29  recovery from guarantors. Upon completion of all such efforts

30  to the satisfaction of the department, the department shall

31  write off the unpaid balance of the loan.


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                                       CS/HB 3111, First Engrossed



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

  2  2007.

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

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

  5  amended to read:

  6         290.038  Authority and duties of the department.--

  7         (2)  The department may:

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

  9  community development organizations corporations to help

10  achieve and increase their capacity to administer programs

11  pursuant to this act and provide technical assistance and

12  advice to community-based community development organizations

13  corporations involved with these programs.

14         (3)  The department shall be the state agency

15  responsible for implementation of the urban redevelopment

16  efforts, and shall:

17         (a)  Provide grants and loans authorized under the

18  INVEST initiative.

19         (b)  Provide grants to community-based development

20  organizations to support the development of the neighborhood

21  collaboration and its community redevelopment plan.

22         (c)  Provide a clearinghouse function to assist in

23  identifying resources available to implement community

24  redevelopment strategies.

25         (d)  Provide staff coordinator to designated Rebuilding

26  Urban Neighborhoods initiatives.

27         (e)  Provide for technical assistance to neighborhoods

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

29  other private providers in areas including identification of

30  stakeholders, consensus building, meeting facilitation,

31  conflict resolution, group decisionmaking, community planning


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                                       CS/HB 3111, First Engrossed



  1  processes, outcome measurement, and capacity building for

  2  organizations.

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

  4  2007 1998.

  5         Section 10.  Section 290.039, Florida Statutes, is

  6  amended to read:

  7         (Substantial rewording of section.  See

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

  9         290.039  Reporting requirements.--

10         (1)  Community-based development organizations which

11  receive funds under INVEST shall provide the following

12  information to the department annually:

13         (a)  A listing of business firms and individuals

14  assisted by the community-based development organization

15  during the reporting period.

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

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

18  community-based development organization during the reporting

19  period.

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

21  the community-based development organization.

22         (d)  A listing of the salaries and administrative

23  expenses of the community-based development organization.

24         (e)  An identification and explanation of changes to

25  the target area boundaries.

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

27  balance for the community-based development organization at

28  the beginning and end of the reporting period.

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

30  the number and description of projects completed, and a

31


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                                       CS/HB 3111, First Engrossed



  1  written explanation of the reasons that caused projects not to

  2  be completed.

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

  4  relationship to expected outcomes listed in the agency's

  5  comprehensive neighborhood revitalization plan, as a result of

  6  receiving INVEST funding.

  7         (2)  Community-based development organizations which

  8  receive project administrative grants shall provide the

  9  following general information to the department annually:

10         (a)  A listing of salaries and administrative expenses

11  of the community-based development organization on approved

12  projects that receive project administrative grant funding.

13         (b)  An identification and explanation of changes to

14  the target area boundaries.

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

16  residents and its relationship to expected outcomes listed in

17  the agency's comprehensive neighborhood revitalization plan.

18         (3)  Community-based development organizations which

19  receive project administrative grants, or a combination of

20  core administrative and project and grant funds, shall provide

21  the following information on applicable projects to the

22  department annually:

23         (a)  The number of housing units rehabilitated or

24  constructed by the community-based development organization

25  within the service area during the reporting period.

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

27  or individual entrepreneurs in the target area during the

28  reporting period.

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

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

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                                       CS/HB 3111, First Engrossed



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

  2  payment history of the borrowers during the reporting period.

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

  4  received by individuals who were directly assisted by the

  5  community-based development organization through assistance to

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

  7         (e)  An identification and explanation of changes to

  8  the service area boundaries.

  9         (f)  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         (g)  Such other information as the department may

13  require.

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

15  the Speaker of the House of Representatives and the President

16  of the Senate which contains the cumulative data submitted by

17  the individual community-based development organizations

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

19  January 1 of each year.

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

21  2007.

22         Section 11.  Section 290.0395, Florida Statutes, is

23  amended to read:

24         (Substantial rewording of section.  See

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

26         290.0395  Program performance review and evaluation.--

27         (1)  Each community-based development organization

28  which receives funding under the Invest in Neighborhood

29  Vitality and Economies Program shall be subject to an annual

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

31  shall determine whether contract objectives are being or have


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                                       CS/HB 3111, First Engrossed



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

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

  3  completed projects produced the results desired by the

  4  community-based development organization as stated in its

  5  comprehensive neighborhood revitalization plan and other

  6  supporting documentation for receipt of the grants or loans.

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

  8  Legislature, the Office of Program Policy Analysis and

  9  Government Accountability shall perform an evaluation of ss.

10  290.0301-290.039, using the reporting data specified in s.

11  290.039 and any other data identified by the department and

12  the Office of Program Policy Analysis and Government

13  Accountability as crucial to the evaluation of this program.

14  The report shall critique the Invest in Neighborhood Vitality

15  and Economies Program and shall include an analysis of the

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

17  and collaborative efforts of the organizations and partners

18  within the service area.

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

20  the Office of Program Policy Analysis and Government

21  Accountability shall be submitted to the President of the

22  Senate and the Speaker of the House of Representatives prior

23  to the 2007 Regular Session.

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

25  2007.

26         Section 12.  Section 290.055, Florida Statutes, is

27  created to read:

28         290.055  Rebuilding Urban Neighborhoods Initiative.--

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

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

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                                       CS/HB 3111, First Engrossed



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

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

  3  and technical assistance program to rebuild urban

  4  neighborhoods through coordinated urban community

  5  redevelopment, utilizing effective state and local government

  6  and neighborhood partnerships that will leverage resources

  7  needed to improve living conditions for children and families.

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

  9  grants and technical assistance to communities seeking to

10  revitalize distressed areas using the principles of holistic

11  and collaborative planning and service delivery. A community

12  based organization (CBO) will be eligible to receive

13  assistance from the department upon certification by the

14  department that identified readiness criteria are in place.

15         (4)  ROLES.--

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

17  department will provide:

18         1.  Administration and oversight of the planning grant

19  program.

20         2.  Technical assistance through existing programs of

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

22  public safety, social services, energy conservation,

23  infrastructure, and building collaborative, holistic

24  initiatives.

25         3.  A clearinghouse to disseminate information

26  resulting from the research and successful outreach activities

27  of numerous initiatives as well as information on available

28  state and federal resources to carry out redevelopment

29  initiatives.

30         4.  Coordination of the delivery of technical

31  assistance and other resources from other state entities to


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                                       CS/HB 3111, First Engrossed



  1  develop and implement comprehensive neighborhood

  2  revitalization plans. These other state entities will include

  3  the Florida Housing Finance Corporation for affordable housing

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

  5  Trade, and Economic Development for business development and

  6  job creation programs.

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

  8  System, through a coordinating entity whose mission is to

  9  provide outreach to local governments and distressed

10  communities in redevelopment initiatives, is empowered to

11  provide expert technical assistance and facilitation services

12  to these initiatives.

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

14  organizations will perform the principal leadership function

15  at the local level, being responsible for organizing a

16  collaborative approach to community involvement and a holistic

17  neighborhood improvement strategy to guide immediate and

18  long-term improvements.

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

20  the department to receive state funding support, an initiative

21  must have the following elements:

22         (a)  A well defined, small neighborhood having

23  conditions of blight and distress.

24         (b)  A lead community-based development organization

25  with the capacity to guide and sustain a collaborative,

26  long-term initiative.

27         (c)  Evidence of a collaborative team.

28         (d)  Demonstrated local government commitment.

29         (e)  Commitment to a planning/implementation model

30  having documented baseline data, multiple elements (holistic

31


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                                       CS/HB 3111, First Engrossed



  1  and comprehensive), measurable outcomes, and an evaluation

  2  component.

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

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

  5  Representatives and the Senate. The report shall contain a

  6  summary of activities carried out under this section during

  7  the preceding fiscal year, and findings and conclusions drawn

  8  from such activities.

  9         Section 13.  Section 290.034, Florida Statutes, is

10  repealed.

11         Section 14.  Section 189.427, Florida Statutes, is

12  amended to read:

13         189.427  Fee schedule; Operating Trust Fund.--The

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

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

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

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

18  under this section shall be deposited in the Operating Trust

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

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

21  consider factors such as the dependent and independent status

22  of the district and district revenues for the most recent

23  fiscal year as reported to the Department of Banking and

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

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

26  against special districts that fail to remit required fees to

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

28  general revenue funds will be made available to the department

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

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

31  Statutes, is amended to read:


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                                       CS/HB 3111, First Engrossed



  1         252.82  Definitions.--As used in this part:

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

  3  established in s. 290.034.

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

  5  Statutes, is amended to read:

  6         943.25  Criminal justice trust funds; source of funds;

  7  use of funds.--

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

  9  for disbursement from the Operating Trust Fund established

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

11  required by the state for grant matching, implementing,

12  administering, evaluating, and qualifying for such federal

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

14  supplanting state general revenue funds may not be made

15  without specific legislative appropriation.

16         Section 17.  Section 420.0007, Florida Statutes, is

17  created to read:

18         420.0007--Exemption from property taxation for

19  charitable non-profit low income housing properties.

20  Properties owned entirely by non-profit corporations which are

21  defined as charitable organizations under s. 501(c)(3) of the

22  Internal Revenue Code and comply with the Internal Revenue

23  Procedure 96-32 and which provide housing to low and very low

24  income person, as defined in Chapter 420.004, shall be

25  considered charitable and exempt from ad valorem taxation

26  under Chapter 196, F.S., to the extent authorized under s.

27  196.192.

28         Section 18.  This act shall take effect October 1 of

29  the year in which enacted.

30

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