House Bill 4051c1

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    Florida House of Representatives - 1998             CS/HB 4051

        By the Committee on Agriculture and Representative
    Ziebarth





  1                      A bill to be entitled

  2         An act relating to agriculture; creating ss.

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

  4         Agricultural Development Act"; providing

  5         legislative findings; providing definitions;

  6         establishing the Florida Agricultural

  7         Development Authority; providing powers and

  8         duties; providing for membership of a board;

  9         providing for terms of board members; providing

10         for organization of the board; providing

11         general powers of the authority; providing for

12         an executive director and specifying duties;

13         requiring an annual report; providing for the

14         use of surplus moneys by the authority;

15         providing for combination of state and federal

16         programs to facilitate the purposes of the

17         authority; establishing a beginning farmer loan

18         program; providing purposes of the loan

19         program; authorizing the authority to

20         participate in federal programs; requiring the

21         authority to provide for loan criteria by rule;

22         authorizing the authority to provide loan

23         requirements; authorizing the authority to make

24         loans to beginning farmers for agricultural

25         land and improvements and depreciable

26         agricultural property; authorizing the

27         authority to make loans to mortgage lenders and

28         other lenders; authorizing the authority to

29         purchase mortgage loans and secured loans from

30         mortgage lenders; providing powers of the

31         authority relating to loans; providing for the

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  1         issuance of bonds and notes by the authority;

  2         authorizing the authority to establish bond

  3         reserve funds; providing remedies of

  4         bondholders and holders of notes; providing for

  5         the pledging of bonds by the state; providing

  6         that bonds and notes shall be considered legal

  7         investments; providing requirements with

  8         respect to funds of the authority; authorizing

  9         examination of accounts by the Auditor General;

10         requiring a report; providing limitation of

11         liability for members of the authority;

12         requiring the assistance of state officers,

13         agencies, and departments; providing for

14         construction of the act; requiring disclosure

15         of specified conflicts of interest; prohibiting

16         certain participation in the event of a

17         conflict of interest; specifying conflicts of

18         interest with respect to the executive director

19         of the authority; providing exemption from

20         competitive bid laws; providing for receipt of

21         specified trust assets by the authority;

22         authorizing the authority to enter into

23         specified agreements; providing for liability;

24         providing for additional beginning farmer and

25         loan assistance programs; authorizing

26         additional beginning farmer loan program;

27         requiring the authority to establish and

28         develop an agricultural loan assistance

29         program; providing program criteria; requiring

30         the authority to create and develop alternative

31         agriculture assistance programs; providing for

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  1         the adoption of rules with respect to

  2         enforcement of provisions relative to such

  3         programs; authorizing the authority to bring

  4         action for enforcement; creating s. 159.8082,

  5         F.S.; establishing the agricultural development

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

  7         for specific allocations of state volume

  8         limitations to the agricultural development

  9         bond pool; amending s. 159.809, F.S.; including

10         the agricultural development bond pool within

11         provisions relating to recapture of unused

12         amounts for addition to the state allocation

13         pool; providing an effective date.

14

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

16

17         Section 1.  Sections 570.251, 570.252, 570.253,

18  570.254, 570.255, 570.256, 570.257, 570.258, 570.259, 570.260,

19  570.261, 570.262, 570.263, 570.264, 570.265, 570.266, 570.267,

20  570.268, 570.269, 570.270, 570.271, 570.272, 570.273, 570.274,

21  570.275, 570.276, 570.277, 570.278, 570.279, 570.280, and

22  570.2815, Florida Statutes, are created to read:

23         570.251  Short title.--Sections 570.251-570.2815 may be

24  cited as the "Florida Agricultural Development Act."

25         570.252  Legislative findings.--

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

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

28  pursue agricultural enterprises or enterprises related to

29  agribusiness has been detrimentally affected by causes and

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

31  including treaty-supported foreign competition, termination of

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

  2  funds from private market sources at rates of interest

  3  available under revenue bond programs available to

  4  nonagricultural industry in general.  These conditions have

  5  detrimentally affected the rural agriculture industry in this

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

  7  by and among family farmers a virtual impossibility in many

  8  parts of this state.  The ordinary operation of private

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

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

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

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

13  communities which depend on agribusiness.  Florida farm policy

14  should enhance opportunities for people to generate farm

15  incomes comparable to other economic sectors.  The United

16  States Congress has recognized the need to provide assistance

17  to the rural segment of the national economy and has

18  instituted programs to assist family farmers and agribusiness

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

20  transfers, and credit enhancements to qualified state

21  agencies.  The Legislature should also encourage, by all

22  suitable means, intellectual, scientific, and agricultural

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

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

25  beginning farmers, existing farmers, and agribusinesses unable

26  to obtain capital elsewhere.  It is therefore determined and

27  declared that there exist conditions in the state which

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

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

30  order to make or acquire loans for the acquisition or

31  development of agricultural lands, improvements, and

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

  2  public purposes and uses for which public moneys may be

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

  4         (2)  The Legislature recognizes that many of the

  5  programs approved by Congress in the Federal Agricultural

  6  Improvement and Reform Act of 1996 that can supplement and

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

  8  the process of being implemented; therefore, the authority

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

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

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

12  private programs now available, or hereafter available as they

13  shall occur.

14         570.253  Definitions.--As used in this act, unless the

15  context otherwise requires:

16         (1)  "Agricultural improvements" means any

17  improvements, buildings, structures, or fixtures suitable for

18  use in farming, producing, or processing agricultural products

19  which are located on agricultural land in this state.

20  "Agricultural improvements" includes any single-family

21  dwelling located on agricultural land which is or will be

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

23  incidental to the use of the dwelling.

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

25  suitable for use in farming, producing, or processing

26  agricultural products, specifically including lands so

27  designated by the Land Acquisition and Management Advisory

28  Council established pursuant to s. 259.035.

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

30  engages in the business of producing and marketing

31

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

  2  "farmer."

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

  4  engages in the business of processing agricultural products

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

  6  commodities, agricultural byproducts, biomass energy and

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

  8  derived from agricultural or biomass stock as further defined

  9  by the authority under rules promulgated pursuant to chapter

10  120.

11         (5)  "Authority" means the Florida Agricultural

12  Development Authority established in s. 570.254.

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

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

15  1000 et seq., repealed by Pub. L. No. 87-128 (1961).

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

17  partnership, corporation, limited liability company, limited

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

19  that engages in farming in this state and includes:

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

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

22  time amended;

23         (b)  Existing farmers who have, or who intend to,

24  transition out of existing agricultural activities into new or

25  alternative agricultural crops under rules promulgated by the

26  authority; and

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

28  designated by rules established by the authority.

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

30  pursuant to this act.

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  1         (9)  "Conservation farm equipment" means the

  2  specialized planters, cultivators, and tillage equipment used

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

  4  anaerobic fermentation facilities, biomass processes, and

  5  solid waste and water conservation equipment.

  6         (10)  "Depreciable agricultural property" means

  7  personal property suitable for use in farming for which an

  8  income tax deduction for depreciation is allowable in

  9  computing federal income tax under the Internal Revenue Code.

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

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

12  from time to time amended.

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

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

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

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

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

18  ferns, or other horticultural crops, grazing and forage

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

20  deer, aquaculture, hydroponics, organics, silviculture, the

21  production of forest products, or other such activities

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

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

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

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

26  trust company, mortgage company, national banking association,

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

28  federal governmental agency or instrumentality, including,

29  without limitation, the federal land bank or the consolidated

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

31

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  1  other financial institution or entity authorized to make farm

  2  loans in this state.

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

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

  5  only to title exceptions and encumbrances acceptable to the

  6  authority, including any other mortgage liens of equal

  7  standing with or subordinate to the mortgage loan retained by

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

  9  in agricultural land and agricultural improvements.

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

11  mortgage company, national banking association, savings and

12  loan association, insurance company, any state or federal

13  governmental agency or instrumentality, including, without

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

15  associations, or any other financial institution or public or

16  private entity authorized to make mortgage loans or secured

17  loans in this state.

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

19  secured by a mortgage.

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

21  obligation or evidence of indebtedness issued by the authority

22  pursuant to this act.

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

24  meaning described in chapter 582, and shall include solid

25  waste and waste water disposal systems, anaerobic fermentation

26  systems, and other facilities designed to process agricultural

27  soil, water, and matter in an environmentally responsible

28  manner.

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

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

31

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  1  instrument creating a lien on an interest in depreciable

  2  agricultural property.

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

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

  5  the State of Florida.

  6

  7  The authority may establish by rule further definitions

  8  applicable to this act and may clarify definitions in this

  9  section, as necessary to assure eligibility for funds,

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

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

12  regulations under the Internal Revenue Code and applicable

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

14  act.

15         570.254  Establishment of authority; powers and duties;

16  board; earnings.--

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

18  corporate to be known as the Florida Agricultural Development

19  Authority. The authority is constituted a public

20  instrumentality and agency of the state exercising public and

21  essential governmental functions. The authority is established

22  for the purpose of undertaking:

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

24  beginning farmers and agribusiness in purchasing, leasing, or

25  otherwise acquiring agricultural land, improvements,

26  technology, and depreciable agricultural property for the

27  purpose of farming.

28         (b)  Programs which provide financing to farmers for

29  soil and water conservation practices.

30         (c)  Programs that promote diversification of the farm

31  economy in this state through the growth and development of

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  1  new crops or livestock not customarily grown or produced in

  2  this state or that emphasize a vertical integration of

  3  agricultural products produced or raised in this state into a

  4  finished agricultural product or byproduct for consumption or

  5  use.

  6         (d)  Programs to assist in financing operating expenses

  7  and cash-flow requirements of farming.

  8

  9  The authority shall also develop programs to assist qualified

10  producers, processors, and manufacturers of agriculture

11  products and support organizations within the state with

12  financing research and development and other capital

13  requirements or operating expenses.

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

15  exercised by a board of nine members, including the

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

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

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

19  designated, one each, by the following:

20         (a)  The Florida Farm Bureau Federation.

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

22  the University of Florida.

23         (c)  The Florida Agricultural and Mechanical

24  University.

25         (d)  The Florida Agricultural Resources and

26  Mobilization Foundation, Inc. (FARM Foundation).

27         (e)  The Technological Research and Development

28  Authority.

29

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

31  commissioner who shall include persons who represent financial

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  1  institutions with experience in agricultural lending, farmers,

  2  beginning farmers, and other persons specially interested in

  3  agriculture and family farm development.

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

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

  6  the commissioner shall serve terms of 3 years.  A person

  7  appointed to fill a vacancy shall serve only for the unexpired

  8  portion of the term.  A member of the board is eligible for

  9  reappointment.  An appointed member may be removed from office

10  by the commissioner for misfeasance, malfeasance, or willful

11  neglect of duty or other just cause, after notice and hearing,

12  unless the notice and hearing is expressly waived in writing.

13  An appointed member of the authority may also serve as a

14  member of any other authority or association.

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

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

17  executive director of the authority shall serve as secretary

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

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

20  held telephonically as provided in the bylaws of the

21  authority.

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

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

24  members is necessary for any substantive action taken by the

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

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

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

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

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

30  board.

31

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

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

  3  performance of their duties.

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

  5  required by law for public officers.

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

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

  8  obligations or to implement authorized public purposes and

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

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

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

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

13         570.255  General powers.--The authority has all of the

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

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

16  limited to, the power to:

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

18  this act in order to finance its programs.

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

20         (3)  Have and alter a corporate seal.

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

22  programs consistent with the provisions of this act.

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

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

25  not limited to, any federal governmental agency or

26  instrumentality.  The authority may make and execute contracts

27  with any firm of independent certified public accountants to

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

29  authority may make and execute contracts with mortgage

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

31  mortgage and secured loans.  All political subdivisions,

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

  2  contracts and otherwise cooperate with the authority.

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

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

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

  6  mortgage, pledge, lease, exchange, or otherwise dispose of,

  7  any assets, loans and equity interests acquired in the

  8  financing of projects funded by the authority, and any other

  9  property or interest in property, as the board considers

10  necessary in the transaction of the business of the authority,

11  except that this paragraph shall not provide authority for

12  carrying out a program of real estate investment.

13         (7)  Procure insurance against any loss in connection

14  with its operations and property interests, including pool

15  insurance on any group of mortgage or secured loans.

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

17         (9)  Subject to an agreement with bondholders or

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

19  manner determined by the authority, notwithstanding the

20  provisions of chapters 215 and 216.

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

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

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

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

25  the record of other receipts.

26         (11)  Provide to public and private entities with

27  technical assistance, education, counseling, and grants to

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

29  purposes.

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

31  federal governmental agencies or instrumentalities, conduct

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  1  studies of agricultural needs of the beginning farmer,

  2  agricultural producer, and processor, and gather, compile, and

  3  exchange with similar authorities and agencies in other states

  4  data useful to facilitate decisionmaking.

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

  6  economists, engineers, housing construction and finance

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

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

  9  governmental agencies.

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

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

12  partnership, corporation, limited liability company, limited

13  agricultural association or trust, including, without

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

15  and to take such other actions as may be necessary or

16  convenient to accomplish any purpose for which the authority

17  was organized or to exercise any power expressly granted

18  hereunder.

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

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

21  act.

22         570.256  Executive director.--

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

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

25  authority.  The executive director shall be selected primarily

26  for administrative ability and knowledge in the field, without

27  regard to political affiliation.

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

29  indirectly, exert influence to induce any other officers or

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

31  a political candidate for office.

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  1         (3)  The executive director shall advise the authority

  2  on matters relating to agricultural land and property and

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

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

  5  general counsel to advise and assist the executive director in

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

  7  direction of the board.

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

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

10  books, seal, and papers filed with the authority. The

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

12  and other records and documents of the authority and shall

13  give certificates under the seal of the authority that the

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

15  authority may rely upon the certificates.

16         570.257  Annual report.--

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

18  President of the Senate and the Speaker of the House of

19  Representatives, not later than February 15 of each year, a

20  complete and economically designed and reproduced report

21  setting forth:

22         (a)  The operations and accomplishments of the

23  authority.

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

25  the fiscal year, in accordance with the classifications it

26  establishes for its operating and capital accounts.

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

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

29  other funds.

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

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

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  1  statement of the amounts redeemed and issued during its fiscal

  2  year.

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

  4  projected activities.

  5         (f)  Recommendations to the Legislature, as the

  6  authority deems necessary.

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

  8  other farmers in the state, as well as agribusiness projects

  9  funded by the authority.

10         (2)  The annual report shall identify performance goals

11  of the authority and clearly indicate the extent of progress

12  during the reporting period in attaining the goals.  Where

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

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

15  alternative agricultural crops, and value-added programs for

16  Florida farmers and agribusiness.

17         570.258  Surplus moneys.--Moneys declared by the

18  authority to be surplus moneys which are not required to

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

20  authority, or to accumulate necessary operating or loss

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

22  grants, subsidies, and other services or assistance to

23  beginning farmers or agricultural producers through any of the

24  programs authorized in this act.

25         570.259  Combination programs.--Programs authorized in

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

27  this act or any other chapter of the Florida Statutes or under

28  any federal program or programs of any other state in order to

29  facilitate, as far as practicable, the acquisition and

30  ownership of agricultural land and property by beginning or

31  existing farmers or to facilitate the implementation of soil

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  1  and water conservation practices, the implementation of new

  2  and alternative agricultural crops in this state, and the

  3  implementation of the technology transfer between the United

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

  5  the Technological Development Research Authority.

  6         570.260  Beginning farmer loan program.--

  7         (1)  The authority shall develop a beginning farmer

  8  loan program to facilitate the acquisition of agricultural

  9  land and improvements and depreciable agricultural property by

10  beginning farmers. The authority shall exercise the powers

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

12  providing financial assistance to beginning farmers in the

13  acquisition of agricultural land and improvements and

14  depreciable agricultural property. The authority may

15  participate in and cooperate with programs of the United

16  States Department of Agriculture Consolidated Farm Service

17  Agency, federal land bank, or any other agency or

18  instrumentality of the Federal Government or with any program

19  of any other state agency in the administration of the

20  beginning farmer loan program and in the making or purchasing

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

22  act.

23         (2)  The authority may participate in any federal

24  programs designed to assist beginning farmers or in any

25  related federal or state programs.

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

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

28  will provide and shall ensure that such rules comply with the

29  United States Internal Revenue Code, as from time to time

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

31  Internal Revenue Code.

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

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

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

  4  or improvements or depreciable agricultural property may not

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

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

  7  respect to the occurrence of any of the foregoing events

  8  without its prior written consent. The authority may provide

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

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

11  the agricultural land or improvements. The authority shall,

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

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

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

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

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

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

18  any mortgage or secured loan made or purchased pursuant to

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

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

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

22  secured by the mortgage or securing agreement securing the

23  mortgage or secured loan.

24         570.261  Loans to beginning farmers.--

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

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

27  insured, guaranteed, or otherwise secured by the Federal

28  Government or a federal governmental agency or

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

30  to beginning farmers to provide financing for agricultural

31  land and improvements or depreciable agricultural property.

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

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

  3  established by rules of the authority. The authority may

  4  require the beginning farmer to execute a note, loan

  5  agreement, or other evidence of indebtedness and furnish

  6  additional assurances and guarantees, including insurance,

  7  reasonably related to protecting the security of the mortgage

  8  or secured loan, as the authority deems necessary.

  9         570.262  Loans to mortgage lenders and other lenders.--

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

11  to mortgage lenders or other lenders on terms and conditions

12  it determines are reasonably related to protecting the

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

14  purposes of this act. Mortgage lenders are authorized to

15  borrow from the authority in accordance with the provisions of

16  this section and the rules of the authority.

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

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

19  reasonable period after receipt of the loan proceeds as the

20  authority prescribes by rule, shall have entered into written

21  commitments to make and, within a reasonable period thereafter

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

23  loan proceeds in new mortgage or secured loans to beginning

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

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

26  terms and conditions as the authority prescribes by rules

27  which are reasonably related to implementing the purposes of

28  this act.

29         570.263  Purchase of loans.--

30         (1)  The authority may purchase and make advance

31  commitments to purchase mortgage or secured loans from

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  1  mortgage lenders at prices and upon terms and conditions as it

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

  3  or secured loans which the authority commits to purchase from

  4  a mortgage lender at any one time shall not exceed the total

  5  of the unpaid principal balances of the mortgage or secured

  6  loans purchased. Mortgage lenders are authorized to sell

  7  mortgage or secured loans to the authority in accordance with

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

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

10  purchase of mortgage or secured loans from mortgage lenders

11  that the mortgage lenders certify that the mortgage or secured

12  loans purchased are loans made to beginning farmers. Mortgage

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

14  terms and conditions as the authority prescribes by rule. The

15  authority may make a commitment to purchase mortgage or

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

17  loans are made by mortgage lenders. The authority shall

18  require as a condition of a commitment that mortgage lenders

19  certify in writing that all mortgage or secured loans

20  represented by the commitment will be made to beginning

21  farmers and that the mortgage lender will comply with other

22  authority specifications.

23         570.264  Powers relating to loans.--Subject to any

24  agreement with bondholders or noteholders, the authority may

25  renegotiate a mortgage or secured loan or a loan to a mortgage

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

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

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

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

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

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

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

  2  mortgage or secured loan agreement, contract, or other

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

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

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

  6  obligations incurred in connection with the property, and

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

  8  the authority deems advisable to protect its interests.

  9         570.265  Bonds and notes.--

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

11  notes in principal amounts which, in the opinion of the

12  authority, are necessary to provide sufficient funds for

13  achievement of its corporate purposes, the payment of interest

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

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

16  authority incident to and necessary or convenient to carry out

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

18  to be investment securities and negotiable instruments within

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

20  Code.

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

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

23  provided in the agreement with bondholders or noteholders

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

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

26  subdivision of this state other than the authority within the

27  meaning of any constitutional or statutory debt limitations,

28  but are special obligations of the authority payable solely

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

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

31  state or any political subdivision of this state other than

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

  2  except those of the authority.

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

  4  of the authority. A resolution authorizing the issuance of

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

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

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

  8  authorized officer.

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

10  time under the Internal Revenue Code for federally tax exempt

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

12  issue bonds or notes in a newspaper of general circulation

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

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

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

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

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

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

19  the legality of any proceedings in connection with the

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

21  from the date of publication of the notice.

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

23  purposes of financing the beginning farmer loan program

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

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

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

27  and notes is deductible in determining net income for purposes

28  of the corporate income tax under chapter 220.

29         570.266  Reserve funds and appropriations.--The

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

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

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  1  each bond reserve fund any moneys appropriated and made

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

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

  4  in the resolutions of the authority authorizing their

  5  issuance, and any other moneys which are available to the

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

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

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

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

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

11  the bonds, the purchase or redemption of the bonds, the

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

13  redemption premium required to be paid when the bonds are

14  redeemed prior to maturity.

15         570.267  Remedies of bondholders and noteholders.--

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

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

18  maturity or upon call for redemption and the default continues

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

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

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

22  the holders of 25 percent in aggregate principal amount of

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

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

25  principal office of the authority is located and proved or

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

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

28  notes for the purposes provided in this section.

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

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

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

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  1  principal amount of the issue of bonds or notes then

  2  outstanding shall:

  3         (a)  Enforce all rights of the bondholders or

  4  noteholders including the right to require the authority to

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

  6  duties under this act.

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

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

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

10         (d)  By action, enjoin any acts or things which are

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

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

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

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

15  the issue of bonds or notes then outstanding annul the

16  declaration and its consequences.

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

18  or appropriate for the exercise of functions specifically set

19  forth or incident to the general representation of bondholders

20  or noteholders in the enforcement and protection of their

21  rights.

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

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

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

25  Attorney General.

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

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

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

29  principal office of the authority is located.

30

31

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

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

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

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

  5  proceedings or agreements for and on their own behalf.

  6         570.268  Agreement of the state.--The state pledges and

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

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

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

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

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

12  together with the interest thereon, plus interest on unpaid

13  installments of interest, and all costs and expenses in

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

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

16  include this pledge and agreement of the state in any

17  agreement with the holders of bonds or notes.

18         570.269  Bonds and notes as legal investments.--Bonds

19  and notes are securities in which public officers, state

20  departments and agencies, political subdivisions, pension and

21  retirement funds, insurance companies and other persons

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

23  savings and loan associations, investment companies, credit

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

25  administrators, executors, guardians, conservators, trustees

26  and other fiduciaries, and other persons authorized to invest

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

28  legally invest funds including capital in their control or

29  belonging to them. Bonds and notes are also securities which

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

31  departments and agencies, and political subdivisions for any

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

  2  this state is authorized.

  3         570.270  Moneys of the authority.--

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

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

  6  be deposited in a bank or other financial institution

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

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

  9  authority. Deposits shall be secured in the manner determined

10  by the authority. The Auditor General may periodically examine

11  the accounts and books of the authority, including its

12  receipts, disbursements, contracts, leases, sinking funds,

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

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

15  a fee for the examination.

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

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

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

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

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

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

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

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

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

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

26  bondholders or noteholders, the authority shall prescribe a

27  system of accounts.

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

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

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

31  the authority, a copy of the report of every external

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  1  examination of the books and accounts of the authority other

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

  3  General.

  4         570.271  Limitation of liability.--Members of the

  5  authority and persons acting in its behalf, while acting

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

  7  subject to personal liability resulting from carrying out the

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

  9  carry such insurance or other indemnification for any actions

10  arising out of such duties.

11         570.272  Assistance by state officers, agencies, and

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

13  render services to the authority within their respective

14  functions as requested by the authority.

15         570.273  Liberal interpretation.--This act, being

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

17  shall be liberally construed to effect its purposes.

18         570.274  Conflicts of interest.--

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

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

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

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

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

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

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

26  authority. The member or employee having the interest shall

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

28  such contract or mortgage lender or other lender.

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

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

31  in bonds or notes or to limit the right of a member or

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  1  employee other than the executive director to have an interest

  2  in a bank, insurance company, or other financial institution

  3  in which the funds of the authority are deposited or which is

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

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

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

  7  insurance company or financial institution in which an

  8  authority board member or employee, other than the executive

  9  director, has an interest from placing insurance, funding

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

11  obligations of the authority.

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

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

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

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

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

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

18  either directly or indirectly or through any substantial

19  interest in any other corporation or business unit, for

20  negotiating, procuring, recommending, or aiding in any

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

22  nor shall the executive director be pecuniarily interested,

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

24  either directly or indirectly or through any substantial

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

26  purchase, sale, or loan.

27         570.275  Exemption from competitive bid laws.--The

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

29  public and essential governmental functions shall be exempt

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

31  in connection with such contracts.

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  1         570.276  Trust assets.--The authority shall make

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

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

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

  5  (1950), formerly codified 40 U.S.C. 440 et seq. (1976), all of

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

  7  Florida Rural Rehabilitation Corporation, now dissolved.

  8         570.277  Agreements.--The authority may enter into

  9  agreements with the United States Secretary of Agriculture

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

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

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

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

14  assets or other funds in the state which have been

15  appropriated for use in carrying out the purposes of the

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

17  necessary to effectuate and carry out the purposes of said

18  agreements.

19         570.278  Liability.--The United States, the authority,

20  and the United States Secretary of Agriculture shall be held

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

22  Florida Agricultural Development Authority as specified in

23  this act.

24         570.279  Additional beginning farmer loan program.--

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

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

27  acquisition by construction or purchase of agricultural land,

28  agricultural improvements, or depreciable agricultural

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

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

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

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  1  secured by a mortgage or security agreement or by other

  2  security as the authority deems advisable, and may be

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

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

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

  6  agreement may contain terms and conditions as the authority

  7  deems advisable, as provided by rule.

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

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

10  lending agreement or purchase agreement with one or more

11  bondholders or noteholders containing the terms and conditions

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

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

14  authority. The authority and the bondholders or noteholders

15  may enter into such agreements as provided by rule.

16         570.280  Agricultural loan assistance program.--

17         (1)  The authority shall establish and develop an

18  agricultural loan assistance program to facilitate the

19  availability of affordable operating capital to farmers,

20  agricultural producers, or agricultural processors by

21  providing grants to lending or educational institutions as

22  provided by this section.

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

24  lending institutions eligibility application forms for the

25  agricultural loan assistance program. Applications to the

26  authority for assistance under this section shall be executed

27  jointly by the lending institution and the farmer upon

28  approved forms.

29         (3)  The authority shall provide in the agricultural

30  loan assistance program that a grant will be provided in

31

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

  2  following criteria are satisfied:

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

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

  5  corporation, limited liability corporation, trust, or limited

  6  agricultural association.

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

  8  the operating loan is located within the state.

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

10  reasonable and necessary expenses and cash flow requirements

11  of farming as defined by rules of the authority.

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

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

14  authority, to the extent required by the authority.

15         (f)  Additional requirements as are prescribed by the

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

17         1.  Participation in federal crop insurance programs,

18  where available.

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

20  maintain farm management techniques and standards established

21  by the authority.

22         3.  Participation in federal farm programs, where

23  applicable.

24         4.  The maximized use of available loan guarantees

25  where applicable.

26         5.  A consideration of factors demonstrating the

27  farmer's need for operating loan assistance and the

28  probability of success with the assistance in the farming

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

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

31

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  1  projected income, and projected cash flow under rules

  2  promulgated by the authority.

  3         (4)  The authority may participate in and cooperate

  4  with programs of an agency or instrumentality of the Federal

  5  Government in the administration of the agricultural loan

  6  assistance program. The authority may provide in the

  7  agricultural loan assistance program that a grant may be

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

  9  the farmer and lending institution participate in one or more

10  operating loan assistance programs of an agency or

11  instrumentality of the Federal Government, which are

12  determined to be appropriate by the authority.

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

14  determination by the authority that assistance pursuant to the

15  agricultural loan assistance program is needed to qualify a

16  farmer and lending institution for participation in an

17  appropriate operating loan assistance program of an agency or

18  instrumentality of the Federal Government, the authority may:

19         (a)  Enter into an agreement with the lending

20  institution and the farmer to supplement the assistance to be

21  received pursuant to the federal program, in which agreement

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

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

24  rate determined by the authority to be necessary to qualify

25  the farmer and lending institution for participation in the

26  federal program and the farmer shall agree to comply with the

27  rules and requirements established by the authority.

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

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

30  by the authority to partially reimburse the lending

31  institution for the reduction of the interest rate on the

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  1  farmer's operating loan under rules established by the

  2  authority.

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

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

  5  determination by the authority that operating loan assistance

  6  will not be available to an individual farmer and lending

  7  institution on a timely basis pursuant to an appropriate

  8  program of the Federal Government, the authority may:

  9         (a)  Enter into an agreement with the lending

10  institution and the farmer in which the lending institution

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

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

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

14  rate as certified to the authority and the farmer shall agree

15  to comply with the rules and requirements established by the

16  authority.

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

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

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

20  the principal balance of the farmer's operating loan

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

22  3 years, whichever is less, to partially reimburse the lending

23  institution for the reduction of the interest rate on the

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

25  50 percent of the amount of interest foregone by the lending

26  institution pursuant to the rate reduction under paragraph

27  (a).

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

29  submit evidence satisfactory to the authority that the lending

30  institution has complied with the reduction in the interest

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

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

  2  records of a lending institution which are pertinent to the

  3  administration of the agricultural loan assistance program.

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

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

  6  establish by rule appropriate enforcement provisions,

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

  8  by a lending institution or farmer.

  9         570.2815  Alternative agriculture assistance

10  programs.--

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

12  assist farmers, agricultural producers, and agricultural

13  processors who have established or intend to establish in this

14  state alternative agriculture production operations,

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

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

17  or loan guarantee program to provide for the insuring or

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

19  producer for the acquisition of seed or root stock to

20  establish or expand an alternative agriculture operation.

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

22  contract with a participating lending institution and a

23  qualified agricultural producer to reduce the interest rate

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

25  establish or expand an alternative agriculture operation. The

26  authority shall determine the amount that the rate is reduced

27  by considering the lending institution's customary loan rate

28  for the acquisition of seed or root stock as certified to the

29  authority by the lending institution. As part of the contract,

30  in order to partially reimburse the lending institution for

31  the reduction of the interest rate on the loan, the authority

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  1  may agree to grant the lending institution any amount foregone

  2  by reducing the interest rate on that portion of the loan

  3  which is $100,000 or less. The amount reimbursed, however,

  4  shall not be more than the lesser of the following:

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

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

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

  8  rules adopted by the authority, whichever is less.

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

10  the lending institution on the loan.

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

12  with an agricultural producer to reimburse the producer for

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

14  alternative agricultural crops. The amount reimbursed,

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

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

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

18  pasture land converted to alternative agricultural crops. The

19  converted land shall be utilized in alternative agriculture

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

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

22  agricultural producer, or agricultural processor receives

23  under any other state or federal program that contributes

24  toward the cost of converting the same land from established

25  to alternative agricultural crops.

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

27  authority in cooperation with any agency or instrumentality of

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

29  state university or those associations organized for the

30  purpose of assisting agricultural producers involved in

31  alternative agriculture production, or with any farm

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  1  management company if such company specializes in alternative

  2  agriculture production or in assisting alternative agriculture

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

  4  shall establish programs to train and assist agricultural

  5  producers to effectively manage alternative agriculture

  6  production operations.

  7         (2)  An agricultural producer or processor shall be

  8  eligible to participate in a program established under this

  9  section based upon criteria established by rules of the

10  authority.

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

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

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

14  provisions of this section or terms of the contract by

15  bringing an action in any court of competent jurisdiction to

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

17  the authority may require that the agricultural producer

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

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

20         Section 2.  Section 159.8082, Florida Statutes, is

21  created to read:

22         159.8082  Agricultural development bond pool.--

23         (1)  There is established the agricultural development

24  bond pool.  The agricultural development bond pool shall be

25  available solely to provide written confirmations for private

26  activity bonds to the Florida Agricultural Development

27  Authority to finance agricultural development as described in

28  ss. 570.251-570.2815. Allocations from this pool shall be

29  awarded for use on a statewide basis pursuant to the

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

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

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  1  confirmations of allocations for agricultural development

  2  projects, the division shall use the agricultural development

  3  bond pool.  If allocation is not available from the

  4  agricultural development bond pool, the division shall issue

  5  written confirmations of allocations for agricultural

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

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

  8  regional allocation pool or the state allocation pool, notices

  9  of intent to issue bonds for agricultural development projects

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

11  allocation pool shall be considered to have been received by

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

13  the agricultural development bond pool is unavailable to issue

14  confirmation for such agricultural development project.

15         (2)  Any written confirmation issued by the director

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

17  which such confirmation applies have been issued by the

18  Florida Agricultural Development Authority and written notice

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

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

21  the allocation.

22         Section 3.  Section 159.804, Florida Statutes, is

23  amended to read:

24         159.804  Allocation of state volume limitation.--The

25  division shall annually determine the amount of private

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

27  Code and shall make such information available upon request to

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

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

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

31  each year:

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

  2  the state volume limitation shall be allocated to the

  3  manufacturing facility pool established pursuant to s.

  4  159.8081. This allocation shall be increased in subsequent

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

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

  7  allocation under this subsection was used to issue bonds by

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

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

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

11  $7.5 million.  If, however, 75 percent of the preceding year's

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

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

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

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

16  state volume limitation shall be allocated to the agricultural

17  development pool established pursuant to s. 159.8082.  This

18  allocation shall be increased in subsequent years in

19  increments of $2 million as follows: On January 1 of each

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

21  allocation under this subsection was used to issue bonds by

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

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

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

25  $2 million.  If, however, 75 percent of the preceding year's

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

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

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

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

30  bonds for manufacturing facilities or agricultural development

31  no longer require or are eligible for an allocation pursuant

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

  2  established for agricultural development bonds under federal

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

  4  manufacturing facility pool, agricultural development pool, or

  5  both, if applicable, shall be divided among the remaining

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

  7  16 regions for use in the manner prescribed in subsection (2);

  8  25 percent for use by the Florida Housing Finance Agency in

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

10  the state allocation pool in the manner prescribed in

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

12  Business allocation pool in the manner prescribed in

13  subsection (5).

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

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

16  the amount allocated to the manufacturing facility pool shall

17  be decreased in proportion to the percentage the state volume

18  limitation is decreased.

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

20  remaining after the allocations allocation made pursuant to

21  subsection (1) shall be allocated among the regions

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

23  boundaries are coterminous with or contained within each

24  region. The volume limitation for each regional allocation

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

26  of the state volume limitation remaining after the allocation

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

28  population of the region bears to the population of the entire

29  state.

30         (b)  The following regions are established for the

31  purposes of this allocation:

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

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

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

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

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

  6  Dixie, Gilchrist, Hamilton, Lafayette, Madison, Suwannee,

  7  Taylor, and Union Counties.

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

  9  Nassau, Putnam, and St. Johns Counties.

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

11  Marion, Pasco, and Sumter Counties.

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

13  Seminole, and Volusia Counties.

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

15  Manatee, Okeechobee, and Polk Counties.

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

17  Hendry, Lee, Monroe, and Sarasota Counties.

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

19  St. Lucie Counties.

20         10.  Region 10 consisting of Broward County.

21         11.  Region 11 consisting of Dade County.

22         12.  Region 12 consisting of Duval County.

23         13.  Region 13 consisting of Hillsborough County.

24         14.  Region 14 consisting of Orange County.

25         15.  Region 15 consisting of Palm Beach County.

26         16.  Region 16 consisting of Pinellas County.

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

28  limitation remaining after the allocations allocation made

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

30  Housing Finance Agency for use in connection with the issuance

31  of housing bonds of that agency or its assigns.

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

  2  to the division for an allocation of its volume limitation

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

  4  1 of any year and is not subject to the fee required under s.

  5  159.811.  However, for bonds it intends to issue between July

  6  1 and September 29 of any year, utilizing the allocation

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

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

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

10  confirmation of allocation shall be granted if a sufficient

11  amount of that allocation is available.

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

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

14  portion of the Florida Housing Finance Agency allocation to

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

16  consideration the ability of the agency to timely issue such

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

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

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

20  until receipt by the division of notification of the

21  assignment.  A separate allocation from the division is not

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

23  assignment.  An agency that intends to utilize such an

24  assignment to issue housing bonds between July 1 and September

25  29 of any year must submit a notice of intent to issue to the

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

27  30, and a written confirmation of allocation shall be granted

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

29  is available.  Any amounts representing assignments of which

30  the division had been notified by the Florida Housing Finance

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

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

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

  3  state allocation pool on July 1 of that year.

  4         (4)  Five percent of the state volume limitation

  5  remaining after the allocations allocation made pursuant to

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

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

  8         (5)  Twenty percent of the state volume limitation

  9  remaining after the allocations allocation made pursuant to

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

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

12  159.8083.

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

14  Statutes, is amended to read:

15         159.809  Recapture of unused amounts.--

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

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

18  159.804(5), or subsection (1) or subsection (2), other than as

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

20  issuance report for bonds utilizing such an allocation has not

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

22  added to the state allocation pool.

23         Section 5.  This act shall take effect July 1 of the

24  year in which it is enacted or upon becoming a law, whichever

25  is earlier.

26

27

28

29

30

31

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