Senate Bill 1572c1

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    Florida Senate - 1999                           CS for SB 1572

    By the Committee on Commerce and Economic Opportunities; and
    Senator Kirkpatrick




    310-2031-99

  1                      A bill to be entitled

  2         An act relating to the creation of the Rural

  3         Infrastructure Fund; creating s. 288.0655,

  4         F.S.; creating the Rural Infrastructure Fund

  5         within the Office of Tourism, Trade, and

  6         Economic Development; providing for a specified

  7         annual deposit into the Economic Development

  8         Trust Fund in support of the Rural

  9         Infrastructure Fund; prescribing the purpose

10         and uses of the Rural Infrastructure Fund;

11         directing the office to develop guidelines

12         relating to administration of grants under the

13         Rural Infrastructure Fund; specifying that

14         certain appropriations are not subject to

15         reversion; amending s. 320.20, F.S.; requiring

16         the annual deposit of a specified amount of

17         motor vehicle registration funds into the

18         Economic Development Trust Fund in support of

19         the Rural Infrastructure Fund; prescribing the

20         manner in which such funds may be used in

21         support of bonds or other debt instruments;

22         specifying that certain debts related to the

23         Rural Infrastructure Fund shall not constitute

24         a general obligation of the state; prohibiting

25         diversion of such rural infrastructure funds;

26         providing a contingent effective date.

27

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

29

30         Section 1.  Section 288.0655, Florida Statutes, is

31  created to read:

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    Florida Senate - 1999                           CS for SB 1572
    310-2031-99




  1         288.0655  Rural Infrastructure Fund.--

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

  3  Trade, and Economic Development the Rural Infrastructure Fund

  4  to facilitate the planning, preparing, and financing of

  5  infrastructure projects in rural communities which will

  6  encourage job creation, capital investment, and the

  7  strengthening and diversification of rural economies by

  8  promoting tourism, trade, and economic development.

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

10  million shall be deposited in the Economic Development Trust

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

12  funding the Rural Infrastructure Fund.

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

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

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

16  limited to, those available under the Small Cities Community

17  Development Block Grant Program.

18         (b)  To facilitate access of rural communities and

19  rural areas of critical economic concern as defined by the

20  Rural Economic Development Initiative to infrastructure

21  funding programs of the Federal Government, such as those

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

23  Department of Commerce, the office may award grants to

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

25  the total infrastructure project cost. Eligible projects must

26  be related to specific job-creating opportunities. Eligible

27  uses of funds shall include improvements to public

28  infrastructure for industrial or commercial sites and upgrades

29  to or development of public tourism infrastructure. Authorized

30  infrastructure may include the following public or

31  public-private partnership facilities: sewer and water

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    Florida Senate - 1999                           CS for SB 1572
    310-2031-99




  1  capacity facilities, including stormwater systems; electrical

  2  facilities; telecommunications facilities; natural gas

  3  facilities; roads or other remedies to transportation

  4  impediments; nature-based tourism facilities; or other

  5  physical requirements necessary to facilitate tourism, trade,

  6  and economic development activities in the community.

  7         (c)  To facilitate timely response and induce the

  8  location or expansion of specific job-creating opportunities,

  9  the office may award grants for infrastructure feasibility

10  studies, design and engineering activities, or other

11  infrastructure planning and preparation activities. Authorized

12  grants shall be for up to $50,000 for an employment project

13  with a business committed to create at least 100 jobs, up to

14  $150,000 for an employment project with a business committed

15  to create at least 300 jobs, and up to $300,000 for a project

16  in a rural area of critical economic concern. Grants awarded

17  under this paragraph may be used in conjunction with grants

18  awarded under paragraph (b), provided that the total amount of

19  both grants does not exceed 30 percent of the total project

20  cost. In evaluating applications under this paragraph, the

21  office shall consider the extent to which the application

22  seeks to minimize administrative and consultant expenses.

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

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

25  Department of Agriculture under which state funds available

26  through the Rural Infrastructure Fund may be advanced, in

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

28  received from the department a preliminary determination of

29  eligibility for federal financial support. State funds in

30  excess of the prescribed state share which are advanced

31  pursuant to this paragraph and the memorandum of agreement

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    Florida Senate - 1999                           CS for SB 1572
    310-2031-99




  1  shall be reimbursed when funds are awarded under an

  2  application for federal funding.

  3         (e)  To enable local governments to access the

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

  5  award grants for surveys, feasibility studies, and other

  6  activities related to the identification and preclearance

  7  review of land that is suitable for preclearance review.

  8  Authorized grants under this paragraph shall not exceed

  9  $75,000 each, except in the case of a project in a rural area

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

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

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

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

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

15  percent with local funds. In evaluating applications under

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

17  the application seeks to minimize administrative and

18  consultant expenses.

19         (4)  The office, in consultation with Enterprise

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

21  Protection, and the Florida Fish and Wildlife Conservation

22  Commission, as appropriate, shall review applications and

23  evaluate the economic benefit of the projects and their

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

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

26  within 30 days after receiving a completed application.

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

28  consultation with the organizations listed in subsection (4)

29  and other organizations, develop guidelines and criteria

30  governing submission of applications for funding, review and

31  evaluation of such applications, and approval of funding under

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    Florida Senate - 1999                           CS for SB 1572
    310-2031-99




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

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

  3  creation or increased capital investment, the demonstration of

  4  local public and private commitment, the location of the

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

  6  a community development corporation service area as defined in

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

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

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

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

11  funds appropriated for the purposes of this section shall not

12  be subject to reversion.

13         Section 2.  Present subsection (5) of section 320.20,

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

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

16         320.20  Disposition of license tax moneys.--The revenue

17  derived from the registration of motor vehicles, including any

18  delinquent fees and excluding those revenues collected and

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

20  distributed monthly, as collected, as follows:

21         (5)  Notwithstanding any other provision of law except

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

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

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

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

26  288.0655. Such revenues may be assigned, pledged, or set aside

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

28  grant anticipation notes, variable-rate demand obligations

29  including, but not limited to, tax-exempt commercial paper and

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

31  may be used to purchase credit support to permit such

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    Florida Senate - 1999                           CS for SB 1572
    310-2031-99




  1  borrowings, issued by a governing body under s. 163.01(7)(d),

  2  or an appropriate local government having jurisdiction

  3  thereof, or collectively by interlocal agreement among any

  4  applicable government; however, such debt shall not constitute

  5  a general obligation of the state. The state covenants with

  6  holders of such revenue bonds or other instruments of

  7  indebtedness issued hereunder that it will not repeal or

  8  impair or amend in any manner that will materially and

  9  adversely affect the rights of such holders as long as bonds

10  authorized by this subsection are outstanding. Any revenues

11  that are not pledged to the repayment of bonds as authorized

12  by this subsection may be used for purposes authorized under

13  the Rural Infrastructure Fund. The Office of Tourism, Trade,

14  and Economic Development shall approve distribution of funds

15  for rural infrastructure related to tourism, trade, and

16  economic development. The office and the Department of

17  Transportation are authorized to perform such acts as are

18  required to facilitate and implement the provisions of this

19  subsection. To better enable the counties and the Office of

20  Tourism, Trade, and Economic Development to cooperate to their

21  mutual advantage, the governing body of each government may

22  exercise powers provided to municipalities or counties in s.

23  163.01(7)(d). The use of funds provided under this subsection

24  is limited to eligible projects listed in s. 288.0655.

25  Unexpended proceeds derived from a project completed with the

26  use of program funds, beyond operating costs and debt service,

27  shall be restricted to further capital improvements consistent

28  with tourism, trade, and economic development infrastructure

29  purposes and used for no other purpose. Use of such unexpended

30  proceeds for purposes other than tourism, trade, and economic

31  development infrastructure is prohibited. Any funds deposited

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    Florida Senate - 1999                           CS for SB 1572
    310-2031-99




  1  in the Economic Development Trust Fund for the purposes of the

  2  Rural Infrastructure Fund under s. 288.0655 may not be

  3  diverted to any other purpose. Any such diversion shall

  4  trigger immediate repayment to the Economic Development Trust

  5  Fund from the Working Capital Trust Fund.

  6         Section 3.  This act shall take effect July 1, 1999,

  7  but it shall not take effect unless it is enacted by at least

  8  a three-fifths vote of the membership of each house of the

  9  Legislature.

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 1572

13

14  This committee substitute creates the Rural Infrastructure
    Fund within the Office of Tourism, Trade, and Economic
15  Development. Provides for $8 million from motor vehicle
    registration funds to be deposited annually in the Economic
16  Development Trust Fund in support of the Rural Infrastructure
    Fund. The funds may be used to support a bond issuance (funds
17  may be assigned, pledged, or set aside as a trust for payment
    of principal or interest on bonds). Bond proceeds will provide
18  grants for infrastructure in support of specific economic
    development projects, including storm water systems,
19  electrical, telecommunications, natural gas, roads, and nature
    based tourism facilities. Funds will also support feasibility
20  studies.

21  This committee substitute shall take effect July 1, 1999, but
    it shall not take effect unless it is enacted by at least a
22  three-fifths vote of the membership of each house of the
    Legislature.
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