CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 163, between lines 24 and 25,

15

16  insert:

17         Section 62.  Legislative intent.--

18         (1)  The Legislature finds and declares that because of

19  climate, tourism, industrialization, technological advances,

20  federal and state government policies, transportation, and

21  migration, Florida's urban communities have grown rapidly over

22  the past 40 years. This growth and prosperity, however, have

23  not been shared by Florida's rural communities, although they

24  are the stewards of the vast majority of the land and natural

25  resources. Without this land and these resources, the state's

26  growth and prosperity cannot continue. In short, successful

27  rural communities are essential to the overall success of the

28  state's economy.

29         (2)  The Legislature further finds and declares that

30  many rural areas of the state are experiencing not only a lack

31  of growth, but severe and sustained economic distress. Median

                                  1
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  household incomes are significantly less than the state's

 2  median household income level. Job creation rates trail those

 3  in more urbanized areas. In many cases, rural counties have

 4  lost jobs, which handicaps local economies and drains wealth

 5  from these communities. These and other factors, including

 6  government policies, amplify and compound social, health, and

 7  community problems, making job creation and economic

 8  development even more difficult. Moreover, the Legislature

 9  finds that traditional program and service delivery is often

10  hampered by the necessarily rigid structure of the programs

11  themselves and the lack of local resources.

12         (3)  It is the intent of the Legislature to provide for

13  the most efficient and effective delivery of programs of

14  assistance and support to rural communities, including the

15  use, where appropriate, of regulatory flexibility through

16  multiagency coordination and adequate funding. Therefore, the

17  Legislature determines and declares that the provisions of

18  this act fulfill an important state interest.

19         Section 63.  Paragraph (a) of subsection (6) of section

20  163.3177, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         163.3177  Required and optional elements of

23  comprehensive plan; studies and surveys.--

24         (6)  In addition to the requirements of subsections

25  (1)-(5), the comprehensive plan shall include the following

26  elements:

27         (a)  A future land use plan element designating

28  proposed future general distribution, location, and extent of

29  the uses of land for residential uses, commercial uses,

30  industry, agriculture, recreation, conservation, education,

31  public buildings and grounds, other public facilities, and

                                  2
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  other categories of the public and private uses of land.  The

 2  future land use plan shall include standards to be followed in

 3  the control and distribution of population densities and

 4  building and structure intensities.  The proposed

 5  distribution, location, and extent of the various categories

 6  of land use shall be shown on a land use map or map series

 7  which shall be supplemented by goals, policies, and measurable

 8  objectives.  Each land use category shall be defined in terms

 9  of the types of uses included and specific standards for the

10  density or intensity of use.  The future land use plan shall

11  be based upon surveys, studies, and data regarding the area,

12  including the amount of land required to accommodate

13  anticipated growth; the projected population of the area; the

14  character of undeveloped land; the availability of public

15  services; and the need for redevelopment, including the

16  renewal of blighted areas and the elimination of nonconforming

17  uses which are inconsistent with the character of the

18  community; and, in rural communities, the need for job

19  creation, capital investment, and economic development that

20  will strengthen and diversify the community's economy. The

21  future land use plan may designate areas for future planned

22  development use involving combinations of types of uses for

23  which special regulations may be necessary to ensure

24  development in accord with the principles and standards of the

25  comprehensive plan and this act. In addition, for rural

26  communities, the amount of land designated for future planned

27  industrial use shall be based upon surveys and studies that

28  reflect the need for job creation, capital investment, and the

29  necessity to strengthen and diversify the local economies, and

30  shall not be limited solely by the projected population of the

31  rural community. The future land use plan of a county may also

                                  3
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  designate areas for possible future municipal incorporation.

 2  The land use maps or map series shall generally identify and

 3  depict historic district boundaries and shall designate

 4  historically significant properties meriting protection.  The

 5  future land use element must clearly identify the land use

 6  categories in which public schools are an allowable use.  When

 7  delineating the land use categories in which public schools

 8  are an allowable use, a local government shall include in the

 9  categories sufficient land proximate to residential

10  development to meet the projected needs for schools in

11  coordination with public school boards and may establish

12  differing criteria for schools of different type or size.

13  Each local government shall include lands contiguous to

14  existing school sites, to the maximum extent possible, within

15  the land use categories in which public schools are an

16  allowable use. All comprehensive plans must comply with this

17  paragraph no later than October 1, 1999, or the deadline for

18  the local government evaluation and appraisal report,

19  whichever occurs first. The failure by a local government to

20  comply with this requirement will result in the prohibition of

21  the local government's ability to amend the local

22  comprehensive plan as provided by s. 163.3187(6). An amendment

23  proposed by a local government for purposes of identifying the

24  land use categories in which public schools are an allowable

25  use is exempt from the limitation on the frequency of plan

26  amendments contained in s. 163.3187. The future land use

27  element shall include criteria which encourage the location of

28  schools proximate to urban residential areas to the extent

29  possible and shall require that the local government seek to

30  collocate public facilities, such as parks, libraries, and

31  community centers, with schools to the extent possible.

                                  4
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         Section 64.  Subsection (5) is added to section

 2  186.502, Florida Statutes, to read:

 3         186.502  Legislative findings; public purpose.--

 4         (5)  The regional planning council shall have a duty to

 5  assist local governments with activities designed to promote

 6  and facilitate economic development in the geographic area

 7  covered by the council.

 8         Section 65.  Subsection (4) of section 186.504, Florida

 9  Statutes, is amended to read:

10         186.504  Regional planning councils; creation;

11  membership.--

12         (4)  In addition to voting members appointed pursuant

13  to paragraph (2)(c), the Governor shall appoint the following

14  ex officio nonvoting members to each regional planning

15  council:

16         (a)  A representative of the Department of

17  Transportation.

18         (b)  A representative of the Department of

19  Environmental Protection.

20         (c)  A representative nominated by Enterprise Florida,

21  Inc., and the Office of Tourism, Trade, and Economic

22  Development of the Department of Commerce.

23         (d)  A representative of the appropriate water

24  management district or districts.

25

26  The Governor may also appoint ex officio nonvoting members

27  representing appropriate metropolitan planning organizations

28  and regional water supply authorities.

29         Section 66.  Subsection (25) is added to section

30  186.505, Florida Statutes, to read:

31         186.505  Regional planning councils; powers and

                                  5
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  duties.--Any regional planning council created hereunder shall

 2  have the following powers:

 3         (25)  To use personnel, consultants, or technical or

 4  professional assistants of the council to help local

 5  governments within the geographic area covered by the council

 6  conduct economic development activities.

 7         Section 67.  Subsections (1) and (3) of section

 8  288.018, Florida Statutes, are amended to read:

 9         288.018  Regional Rural Development Grants Program.--

10         (1)  The Office of Tourism, Trade, and Economic

11  Development shall establish a matching grant program to

12  provide funding to regionally based economic development

13  organizations representing rural counties and communities for

14  the purpose of building the professional capacity of their

15  organizations. The Office of Tourism, Trade, and Economic

16  Development is authorized to approve, on an annual basis,

17  grants to such regionally based economic development

18  organizations. The maximum amount an organization may receive

19  in any year will be $35,000, or $100,000 in a rural area of

20  critical economic concern recommended by the Rural Economic

21  Development Initiative and designated by the Governor, $20,000

22  and must be matched each year by an equivalent amount of

23  nonstate resources.

24         (3)  The Office of Tourism, Trade, and Economic

25  Development may expend up to $600,000 $100,000 each fiscal

26  year from funds appropriated to the Rural Community

27  Development Revolving Loan Fund for the purposes outlined in

28  this section.

29         Section 68.  Subsection (2) of section 288.065, Florida

30  Statutes, is amended to read:

31         288.065  Rural Community Development Revolving Loan

                                  6
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Fund.--

 2         (2)  The program shall provide for long-term loans,

 3  loan guarantees, and loan loss reserves to units of local

 4  governments within counties with populations of 75,000 or less

 5  than 50,000, or any county that has a population of 100,000 or

 6  less and is contiguous to a county with a population of 75,000

 7  or less than 50,000, as determined by the most recent official

 8  estimate pursuant to s. 186.901, residing in incorporated and

 9  unincorporated areas of the county. Requests for loans shall

10  be made by application to the Office of Tourism, Trade, and

11  Economic Development. Loans shall be made pursuant to

12  agreements specifying the terms and conditions agreed to

13  between the local government and the Office of Tourism, Trade,

14  and Economic Development. The loans shall be the legal

15  obligations of the local government. All repayments of

16  principal and interest shall be returned to the loan fund and

17  made available for loans to other applicants. However, in a

18  rural area of critical economic concern designated by the

19  Governor, and upon approval by the Office of Tourism, Trade,

20  and Economic Development, repayments of principal and interest

21  may be retained by a unit of local government if such

22  repayments are dedicated and matched to fund regionally based

23  economic development organizations representing the rural area

24  of critical economic concern.

25         Section 69.  Section 288.0655, Florida Statutes, is

26  created to read:

27         288.0655  Rural Infrastructure Fund.--

28         (1)  There is created within the Office of Tourism,

29  Trade, and Economic Development the Rural Infrastructure Fund

30  to facilitate the planning, preparing, and financing of

31  infrastructure projects in rural communities which will

                                  7
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  encourage job creation, capital investment, and the

 2  strengthening and diversification of rural economies by

 3  promoting tourism, trade, and economic development.

 4         (2)  On July 1, 1999, and annually thereafter, $8

 5  million shall be deposited in the Economic Development Trust

 6  Fund, as provided in s. 320.20(5), solely for the purpose of

 7  funding the Rural Infrastructure Fund.

 8         (3)(a)  Funds under this section shall be distributed

 9  by the office through a grant program that maximizes the use

10  of federal, local, and private resources, including, but not

11  limited to, those available under the Small Cities Community

12  Development Block Grant Program.

13         (b)  To facilitate access of rural communities and

14  rural areas of critical economic concern as defined by the

15  Rural Economic Development Initiative to infrastructure

16  funding programs of the Federal Government, such as those

17  offered by the U.S. Department of Agriculture and the U.S.

18  Department of Commerce, the office may award grants to

19  applicants for such federal programs for up to 30 percent of

20  the total infrastructure project cost. Eligible projects must

21  be related to specific job-creating opportunities. Eligible

22  uses of funds shall include improvements to public

23  infrastructure for industrial or commercial sites and upgrades

24  to or development of public tourism infrastructure. Authorized

25  infrastructure may include the following public or

26  public-private partnership facilities: storm water systems;

27  telecommunications facilities; roads or other remedies to

28  transportation impediments; nature-based tourism facilities;

29  or other physical requirements necessary to facilitate

30  tourism, trade, and economic development activities in the

31  community. Authorized infrastructure may also include

                                  8
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  publicly-owned self-powered nature-based tourism facilities

 2  and additions to the distribution facilities of the existing

 3  natural gas utility as defined in s. 366.04(3)(c), the

 4  existing electric utility as defined in s. 366.02, or the

 5  existing water or wastewater utility as defined in s.

 6  367.021(12) which owns a gas or electric distribution system

 7  or a water or wastewater system in this state where:

 8         1.  A contribution-in-aid of construction is required

 9  to serve public or public-private partnership facilities under

10  the tariffs of any natural gas, electric, water or wastewater

11  utility as defined herein; and

12         2.  Such utilities as defined herein are willing and

13  able to provide such service.

14         (c)  To facilitate timely response and induce the

15  location or expansion of specific job creating opportunities,

16  the office may award grants for infrastructure feasibility

17  studies, design and engineering activities, or other

18  infrastructure planning and preparation activities. Authorized

19  grants shall be up to $50,000 for an employment project with a

20  business committed to create at least 100 jobs, up to $150,000

21  for an employment project with a business committed to create

22  at least 300 jobs, and up to $300,000 for a project in a rural

23  area of critical economic concern. Grants awarded under this

24  paragraph may be used in conjunction with grants awarded under

25  paragraph (b), provided that the total amount of both grants

26  does not exceed 30 percent of the total project cost. In

27  evaluating applications under this paragraph, the office shall

28  consider the extent to which the application seeks to minimize

29  administrative and consultant expenses.

30         (d)  By September 1, 1999, the office shall pursue

31  execution of a memorandum of agreement with the U.S.

                                  9
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Department of Agriculture under which state funds available

 2  through the Rural Infrastructure Fund may be advanced, in

 3  excess of the prescribed state share, for a project that has

 4  received from the department a preliminary determination of

 5  eligibility for federal financial support. State funds in

 6  excess of the prescribed state share which are advanced

 7  pursuant to this paragraph and the memorandum of agreement

 8  shall be reimbursed when funds are awarded under an

 9  application for federal funding.

10         (e)  To enable local governments to access the

11  resources available pursuant to s. 403.973(16), the office may

12  award grants for surveys, feasibility studies, and other

13  activities related to the identification and preclearance

14  review of land which is suitable for preclearance review.

15  Authorized grants under this paragraph shall not exceed

16  $75,000 each, except in the case of a project in a rural area

17  of critical economic concern, in which case the grant shall

18  not exceed $300,000. Any funds awarded under this paragraph

19  must be matched at a level of 50 percent with local funds,

20  except that any funds awarded for a project in a rural area of

21  critical economic concern must be matched at a level of 33

22  percent with local funds. In evaluating applications under

23  this paragraph, the office shall consider the extent to which

24  the application seeks to minimize administrative and

25  consultant expenses.

26         (4)  The office, in consultation with Enterprise

27  Florida, Inc., VISIT Florida, the Department of Environmental

28  Protection, and the Florida Fish and Wildlife Conservation

29  Commission, as appropriate, shall review applications and

30  evaluate the economic benefit of the projects and their

31  long-term viability. The office shall have final approval for

                                  10
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  any grant under this section and must make a grant decision

 2  within 30 days of receiving a completed application.

 3         (5)  By September 1, 1999, the office shall, in

 4  consultation with the organizations listed in subsection (4),

 5  and other organizations, develop guidelines and criteria

 6  governing submission of applications for funding, review and

 7  evaluation of such applications, and approval of funding under

 8  this section. The office shall consider factors including, but

 9  not limited to, the project's potential for enhanced job

10  creation or increased capital investment, the demonstration of

11  local public and private commitment, the location of the

12  project in an enterprise zone, the location of the project in

13  a community development corporation service area as defined in

14  s. 290.035(2), the location of the project in a county

15  designated under s. 212.097, the unemployment rate of the

16  surrounding area, and the poverty rate of the community.

17         (6)  Notwithstanding the provisions of s. 216.301,

18  funds appropriated for the purposes of this section shall not

19  be subject to reversion.

20         Section 70.  Present subsection (5) of section 320.20,

21  Florida Statutes, is redesignated as subsection (6) and a new

22  subsection (5) is added to that section to read:

23         320.20  Disposition of license tax moneys.--The revenue

24  derived from the registration of motor vehicles, including any

25  delinquent fees and excluding those revenues collected and

26  distributed under the provisions of s. 320.081, must be

27  distributed monthly, as collected, as follows:

28         (5)  Notwithstanding any other provision of law except

29  subsections (1), (2), (3), and (4), on July 1, 1999, and

30  annually thereafter, $8 million shall be deposited in the

31  Economic Development Trust Fund under s. 288.095, solely for

                                  11
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  the purposes of funding the Rural Infrastructure Fund under s.

 2  288.0655. Such revenues may be assigned, pledged, or set aside

 3  as a trust for the payment of principal or interest on bonds,

 4  grant anticipation notes, variable rate demand obligations,

 5  including, but not limited to, tax exempt commercial paper and

 6  derivative instruments, or any other form of indebtedness, or

 7  used to purchase credit support to permit such borrowings,

 8  issued by a governing body under s. 163.01(7)(d), or

 9  appropriate local government having jurisdiction thereof, or

10  collectively by interlocal agreement among any applicable

11  government; however, such debt shall not constitute a general

12  obligation of the State of Florida. The state does hereby

13  covenant with holders of such revenue bonds or other

14  instruments of indebtedness issued hereunder that it will not

15  repeal or impair or amend in any manner that will materially

16  and adversely affect the rights of such holders so long as

17  bonds authorized by this subsection are outstanding. Any

18  revenues which are not pledged to the repayment of bonds as

19  authorized by this subsection may be utilized for purposes

20  authorized under the Rural Infrastructure Fund. The Office of

21  Tourism, Trade, and Economic Development shall approve

22  distribution of funds for rural infrastructure related to

23  tourism, trade, and economic development. The office and the

24  Department of Transportation are authorized to perform such

25  acts as are required to facilitate and implement the

26  provisions of this subsection. To better enable the counties

27  and the Office of Tourism, Trade, and Economic Development to

28  cooperate to their mutual advantage, the governing body of

29  each government may exercise powers provided to municipalities

30  or counties in s. 163.01(7)(d). The use of funds provided

31  under this subsection is limited to eligible projects listed

                                  12
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  in s. 288.0655. Unexpended proceeds derived from a project

 2  completed with the use of program funds, beyond operating

 3  costs and debt service, shall be restricted to further capital

 4  improvements consistent with tourism, trade, and economic

 5  development infrastructure purposes and for no other purpose.

 6  Use of such unexpended proceeds for purposes other than

 7  tourism, trade, and economic development infrastructure is

 8  prohibited. Any funds deposited in the Economic Development

 9  Trust Fund for the purposes of the Rural Infrastructure Fund

10  under s. 288.0655 shall not be diverted to any other purpose.

11  Any such diversion shall trigger immediate repayment to the

12  Economic Development Trust Fund from the Working Capital Trust

13  Fund.

14         Section 71.  Rural Economic Development Initiative.--

15         (1)  The Rural Economic Development Initiative, known

16  as "REDI," is created within the Office of Tourism, Trade, and

17  Economic Development, and the participation of state and

18  regional agencies in this initiative is authorized.

19         (2)  As used in this section, the term:

20         (a)  "Economic distress" means conditions affecting the

21  fiscal and economic viability of a rural community, including

22  such factors as low per capita income, low per capita taxable

23  values, high unemployment, high underemployment, low weekly

24  earned wages compared to the state average, low housing values

25  compared to the state average, high percentages of the

26  population receiving public assistance, high poverty levels

27  compared to the state average, and a lack of year-round stable

28  employment opportunities.

29         (b)  "Rural community" means:

30         1.  A county with a population of 75,000 or less.

31         2.  A county with a population of 100,000 or less that

                                  13
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  is contiguous to a county with a population of 75,000 or less.

 2         3.  A municipality within a county described in

 3  subparagraph 1. or subparagraph 2.

 4         4.  An unincorporated federal enterprise community or

 5  an incorporated rural city with a population of 25,000 or less

 6  and an employment base focused on traditional agricultural or

 7  resource-based industries, located in a county not defined as

 8  rural, which has at least three or more of the economic

 9  distress factors identified in paragraph (2)(a) and verified

10  by the Office of Tourism, Trade, and Economic Development.

11

12  For purposes of this paragraph, population shall be determined

13  in accordance with the most recent official estimate pursuant

14  to section 186.901, Florida Statutes.

15         (3)  REDI shall be responsible for coordinating and

16  focusing the efforts and resources of state and regional

17  agencies on the problems which affect the fiscal, economic,

18  and community viability of Florida's economically distressed

19  rural communities, working with local governments,

20  community-based organizations, and private organizations that

21  have an interest in the growth and development of these

22  communities to find ways to balance environmental and growth

23  management issues with local needs.

24         (4)  REDI shall review and evaluate the impact of

25  statutes and rules on rural communities and shall work to

26  minimize any adverse impact.

27         (5)  REDI shall facilitate better access to state

28  resources by promoting direct access and referrals to

29  appropriate state and regional agencies and statewide

30  organizations. REDI may undertake outreach, capacity-building,

31  and other advocacy efforts to improve conditions in rural

                                  14
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  communities. These activities may include sponsorship of

 2  conferences and achievement awards.

 3         (6)(a)  No later than August 1, 1999, the head of each

 4  of the following agencies and organizations shall designate a

 5  high-level staff person from within the agency or organization

 6  to serve as the REDI representative for the agency or

 7  organization:

 8         1.  The Department of Community Affairs.

 9         2.  The Department of Transportation.

10         3.  The Department of Environmental Protection.

11         4.  The Department of Agriculture and Consumer

12  Services.

13         5.  The Department of State.

14         6.  The Department of Health.

15         7.  The Department of Children and Family Services.

16         8.  The Department of Corrections.

17         9.  The Department of Labor and Employment Security.

18         10.  The Department of Education.

19         11.  The Fish and Wildlife Conservation Commission.

20         12.  Each water management district.

21         13.  Enterprise Florida, Inc.

22         14.  The Florida Commission on Tourism or VISIT

23  Florida.

24         15.  The Florida Regional Planning Council Association.

25         16.  The Florida State Rural Development Council.

26         17.  The Institute of Food and Agricultural Sciences

27  (IFAS).

28

29  An alternate for each designee shall also be chosen, and the

30  names of the designees and alternates shall be sent to the

31  director of the Office of Tourism, Trade, and Economic

                                  15
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Development.

 2         (b)  Each REDI representative must have comprehensive

 3  knowledge of his or her agency's functions, both regulatory

 4  and service in nature, and of the state's economic goals,

 5  policies, and programs. This person shall be the primary point

 6  of contact for his or her agency with REDI on issues and

 7  projects relating to economically distressed rural communities

 8  and with regard to expediting project review, shall ensure a

 9  prompt effective response to problems arising with regard to

10  rural issues, and shall work closely with the other REDI

11  representatives in the identification of opportunities for

12  preferential awards of program funds and allowances and waiver

13  of program requirements when necessary to encourage and

14  facilitate long-term private capital investment and job

15  creation.

16         (c)  The REDI representatives shall work with REDI in

17  the review and evaluation of statutes and rules for adverse

18  impact on rural communities and the development of alternative

19  proposals to mitigate that impact.

20         (d)  Each REDI representative shall be responsible for

21  ensuring that each district office or facility of his or her

22  agency is informed about the Rural Economic Development

23  Initiative and for providing assistance throughout the agency

24  in the implementation of REDI activities.

25         (7)  REDI may recommend to the Governor up to three

26  rural areas of critical economic concern. A rural area of

27  critical economic concern must be a rural community, or a

28  region composed of such, that has been adversely affected by

29  an extraordinary economic event or a natural disaster or that

30  presents a unique economic development opportunity of regional

31  impact that will create more than 1,000 jobs over a 5-year

                                  16
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  period. The Governor may by executive order designate up to

 2  three rural areas of critical economic concern which will

 3  establish these areas as priority assignments for REDI as well

 4  as to allow the Governor, acting through REDI, to:

 5         (a)  Waive criteria, requirements, or similar

 6  provisions of any economic development incentive. Such

 7  incentives shall include, but not be limited to: the Qualified

 8  Target Industry Tax Refund Program under section 288.106,

 9  Florida Statutes, the Quick Response Training Program under

10  section 288.047, Florida Statutes, the WAGES Quick Response

11  Training Program under section 288.047(10), Florida Statutes,

12  transportation projects under section 288.063, Florida

13  Statutes, the brownfield redevelopment bonus refund under

14  section 288.107, Florida Statutes, and the rural job tax

15  credit program under sections 212.098 and 220.1895, Florida

16  Statutes.

17         (b)  Waive agency rules to empower the agency to commit

18  and coordinate their resources, staff, or assistance to these

19  rural communities, as well as to suspend procedural

20  requirements of law that do not compromise the public's

21  health, safety, or welfare.

22         (c)  Provide rapid response assistance, training

23  services, and educational opportunities for employees; develop

24  training programs; and pay tuition or training expenses for

25  employees from resources coordinated by the Workforce

26  Development Board.

27         (d)  Commit the resources or benefits of the Rural

28  Community Development Revolving Loan Fund under section

29  288.065, Florida Statutes, the Regional Rural Grants Program

30  under section 288.018, Florida Statutes, the rural job tax

31  credit program under sections 212.098 and 220.1895, Florida

                                  17
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Statutes, and the federal Community Development Block Grant

 2  Program.

 3         (e)  Direct the assignment of staffing and resources

 4  from Enterprise Florida, Inc.

 5

 6  Designation as a rural area of critical economic concern under

 7  this subsection shall be contingent upon the execution of a

 8  memorandum of agreement among the Office of Tourism, Trade,

 9  and Economic Development, the governing body of the county,

10  and the governing bodies of any municipalities to be included

11  within a rural area of critical economic concern. Such

12  agreement shall specify the terms and conditions of the

13  designation, including, but not limited to, the duties and

14  responsibilities of the county and any participating

15  municipalities to take actions designed to facilitate the

16  retention and expansion of existing businesses in the area, as

17  well as the recruitment of new businesses to the area.

18         (8)  REDI shall submit a report to the Governor, the

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

20  Representatives each year on or before February 1 on all REDI

21  activities. This report shall include a status report on all

22  projects currently being coordinated through REDI, the number

23  of preferential awards and allowances made pursuant to this

24  section, the dollar amount of such awards, and the names of

25  the recipients. The report shall also include a description of

26  all waivers of program requirements granted. The report shall

27  also include information as to the economic impact of the

28  projects coordinated by REDI.

29         Section 72.  Florida rural economic development

30  strategy grants.--

31         (1)  As used in this section, the term "rural

                                  18
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  community" means:

 2         (a)  A county with a population of 75,000 or less.

 3         (b)  A county with a population of 100,000 or less that

 4  is contiguous to a county with a population of 75,000 or less.

 5         (c)  A municipality within a county described in

 6  paragraph (a) or paragraph (b).

 7

 8  For purposes of this subsection, population shall be

 9  determined in accordance with the most recent official

10  estimate pursuant to section 186.901, Florida Statutes.

11         (2)  The Office of Tourism, Trade, and Economic

12  Development may accept and administer moneys appropriated to

13  the office for providing grants to assist rural communities to

14  develop and implement strategic economic development plans.

15         (3)  A rural community, an economic development

16  organization in a rural area, or a regional organization

17  representing at least one rural community or such economic

18  development organizations may apply for such grants.

19         (4)  Enterprise Florida, Inc., and VISIT Florida, shall

20  establish criteria for reviewing grant applications. These

21  criteria shall include, but are not limited to, the degree of

22  participation and commitment by the local community and the

23  application's consistency with local comprehensive plans or

24  the application's proposal to ensure such consistency. The

25  International Trade and Economic Development Board of

26  Enterprise Florida, Inc., and VISIT Florida, shall review each

27  application for a grant and shall submit annually to the

28  office for approval a list of all applications that are

29  recommended by the board and VISIT Florida, arranged in order

30  of priority. The office may approve grants only to the extent

31  that funds are appropriated for such grants by the

                                  19
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  Legislature.

 2         Section 73.  Establishment of municipal service taxing

 3  or benefit units; grants to rural counties.--

 4         (1)  As used in this section, the term "rural county"

 5  means a county with a population of 75,000 or fewer persons,

 6  determined pursuant to section 186.901, Florida Statutes.

 7         (2)  Subject to legislative appropriation, the

 8  Department of Community Affairs shall establish a grant

 9  program to assist any rural county in making a determination

10  whether to establish a municipal service taxing or benefit

11  unit as authorized by section 125.01, Florida Statutes.  Under

12  this program, any rural county that is considering the

13  establishment of a municipal service taxing or benefit unit

14  and that wishes to conduct a study to determine the necessity

15  for and advisability of establishing such a unit may apply to

16  the department for a grant to assist in financing the study.

17  If the application is approved by the department, the

18  department may award a grant to the county in an amount equal

19  to 75 percent of the cost of the study, if the county agrees

20  to finance 25 percent of the cost of the study itself.  A copy

21  of the study shall be submitted to the department within 30

22  days after it is completed.

23         (3)  The department shall establish an application form

24  and application procedures and requirements by rule pursuant

25  to chapter 120, Florida Statutes.

26         Section 74.  There is appropriated from the General

27  Revenue Fund to the Department of Community Affairs for Fiscal

28  Year 1999-2000 the sum of $1 million to carry out the purposes

29  of a grant program for rural county municipal service taxing

30  or benefit unit feasibility studies.

31         Section 75.  Paragraph (d) of subsection (4) of section

                                  20
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  236.081, Florida Statutes, 1998 Supplement, is amended to

 2  read:

 3         236.081  Funds for operation of schools.--If the annual

 4  allocation from the Florida Education Finance Program to each

 5  district for operation of schools is not determined in the

 6  annual appropriations act or the substantive bill implementing

 7  the annual appropriations act, it shall be determined as

 8  follows:

 9         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

10  EFFORT.--The Legislature shall prescribe the aggregate

11  required local effort for all school districts collectively as

12  an item in the General Appropriations Act for each fiscal

13  year. The amount that each district shall provide annually

14  toward the cost of the Florida Education Finance Program for

15  kindergarten through grade 12 programs shall be calculated as

16  follows:

17         (d)  Exclusions Exclusion.--

18         1.  In those instances in which:

19         a.1.  There is litigation either attacking the

20  authority of the property appraiser to include certain

21  property on the tax assessment roll as taxable property or

22  contesting the assessed value of certain property on the tax

23  assessment roll, and

24         b.2.  The assessed value of the property in contest

25  involves more than 6 percent of the total nonexempt assessment

26  roll,

27

28  the assessed value of the property in contest shall be

29  excluded from the taxable value for school purposes for

30  purposes of computing the district required local effort.

31         2.  In those instances in which there is a nonpayment

                                  21
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  of property taxes in a community designated as a rural area of

 2  critical economic concern that exceeds 6 percent of the total

 3  nonexempt assessment roll, the assessed value of the property

 4  that is the subject of the nonpayment shall be excluded from

 5  the taxable value for school purposes for purposes of

 6  computing the district required local effort.

 7         Section 76.  Subsection (5) of section 378.601, Florida

 8  Statutes, is amended to read:

 9         378.601  Heavy minerals.--

10         (5)  Any heavy mineral mining operation which annually

11  mines less than 500 acres and whose proposed consumption of

12  water is 3 million gallons per day or less shall not be

13  required to undergo development of regional impact review

14  pursuant to s. 380.06, provided permits and plan approvals

15  pursuant to either this section and part IV of chapter 373, or

16  s. 378.901, are issued.  This subsection applies only in the

17  following circumstances:

18         (a)  Mining is conducted in counties where the operator

19  has conducted heavy mineral mining activities prior to March

20  1, 1997; and

21         (b)  The operator of the heavy mineral mining operation

22  has executed a developer agreement pursuant to s. 380.032 or

23  has received a development order under s. 380.06(15) as of

24  March 1, 1997. Lands mined pursuant to this section need not

25  be the subject of the developer agreement or development

26  order.

27         Section 77.  The Florida Fish and Wildlife Conservation

28  Commission is directed to assist the Florida Commission on

29  Tourism; the Florida Tourism Industry Marketing Corporation,

30  doing business as VISIT Florida; convention and visitor

31  bureaus; tourist development councils; economic development

                                  22
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  organizations; and local governments through the provision of

 2  marketing advice, technical expertise, promotional support,

 3  and product development related to nature-based recreation and

 4  sustainable use of natural resources. In carrying out this

 5  responsibility, the Florida Fish and Wildlife Conservation

 6  Commission shall focus its efforts on fostering nature-based

 7  recreation in rural communities and regions encompassing rural

 8  communities. As used in this section, the term "nature-based

 9  recreation" means leisure activities related to the state's

10  lands, waters, and fish and wildlife resources, including, but

11  not limited to, wildlife viewing, fishing, hiking, canoeing,

12  kayaking, camping, hunting, backpacking, and nature

13  photography. For the purposes of this section, there is

14  appropriated from the General Revenue Fund, for Fiscal Year

15  1999-2000, the sum of $103,000 to the Florida Fish and

16  Wildlife Conservation Commission to be used as marketing money

17  to promote nature-based recreation as authorized in this

18  section.

19         Section 78.  Notwithstanding the provisions of section

20  290.044(4), Florida Statutes, regarding the distribution of

21  funds to categories under the Florida Small Cities Community

22  Development Block Grant Program, in no case shall the

23  percentage of funds for the economic development category be

24  less than 40 percent.

25

26  (Redesignate subsequent sections.)

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 10, line 15, after the semicolon

                                  23
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1  insert:

 2         providing a short title; providing intent;

 3         amending s. 163.3177, F.S.; providing

 4         requirements for the future land use element of

 5         a local government comprehensive plan with

 6         respect to rural areas; amending s. 186.502,

 7         F.S.; providing that a regional planning

 8         council shall have a duty to assist local

 9         governments with economic development; amending

10         s. 186.504, F.S.; providing that the ex

11         officio, nonvoting membership of each regional

12         planning council shall include a representative

13         nominated by Enterprise Florida, Inc., and the

14         Office of Tourism, Trade, and Economic

15         Development; amending s. 186.505, F.S.;

16         authorizing the use of regional planning

17         council personnel, consultants, or technical or

18         professional assistants to help local

19         governments with economic development

20         activities;  amending s. 288.018, F.S.;

21         authorizing the Office of Tourism, Trade, and

22         Economic Development to approve regional rural

23         development grants on an annual basis;

24         increasing the maximum amount of each grant

25         award; increasing the total amount that may be

26         expended annually for such grants; amending s.

27         288.065, F.S.; revising the population criteria

28         for local government participation in the Rural

29         Community Development Revolving Loan Fund;

30         prescribing conditions under which repayments

31         of principal and interest under the Rural

                                  24
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         Community Development Revolving Loan Fund may

 2         be retained by a unit of local government;

 3         creating s. 288.0655, F.S.; creating the Rural

 4         Infrastructure Fund for infrastructure projects

 5         in rural communities; providing for an annual

 6         deposit in the Economic Development Trust Fund

 7         in support of such infrastructure fund;

 8         authorizing grants for infrastructure projects

 9         and related studies; requiring the development

10         of guidelines; providing that funds

11         appropriated for such infrastructure fund shall

12         not be subject to reversion; amending s.

13         320.20, F.S.; requiring the deposit of a

14         certain amount of motor vehicle registration

15         funds in the Economic Development Trust Fund in

16         support of the Rural Infrastructure Fund;

17         prescribing the manner in which such funds may

18         be used; prohibiting diversion of such funds;

19         creating the Rural Economic Development

20         Initiative within the office and providing its

21         duties and responsibilities; directing

22         specified agencies to select a representative

23         to work with the initiative; providing for the

24         recommendation and designation of rural areas

25         of critical economic concern; providing for the

26         waiver of certain criteria and rules with

27         respect to such areas; providing for the

28         commitment of certain services, resources,

29         benefits, and staffing with respect to such

30         areas; requiring execution of a memorandum of

31         agreement as a condition to designation as a

                                  25
    7:41 AM   04/22/99                               s1566.cm05.vv




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1566

    Amendment No.    





 1         rural area of critical economic concern;

 2         providing for an annual report; authorizing the

 3         Office of Tourism, Trade, and Economic

 4         Development to accept and administer moneys

 5         appropriated for grants to assist rural

 6         communities to develop and implement strategic

 7         economic development plans; providing for

 8         review of grant applications; authorizing the

 9         Department of Community Affairs to establish a

10         grant program to assist rural counties in

11         financing studies regarding the establishment

12         of municipal service taxing or benefit units;

13         providing for rules; providing an

14         appropriation; amending s. 236.081, F.S.;

15         providing an exclusion under the computation of

16         school district required local effort for

17         certain nonpayment of property taxes in a rural

18         area of critical economic concern; amending s.

19         378.601, F.S.; exempting specified heavy mining

20         operations from requirements for

21         development-of-regional-impact review under

22         certain circumstances; directing the Florida

23         Fish and Wildlife Conservation Commission to

24         provide assistance related to promotion and

25         development of nature-based recreation;

26         providing an appropriation; specifying a

27         minimum percentage of funds to be allocated to

28         economic development under the Florida Small

29         Cities Community Development Block Grant

30         Program;

31

                                  26
    7:41 AM   04/22/99                               s1566.cm05.vv