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





                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Kirkpatrick moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Effective upon this act becoming a law,

18  section 163.055, Florida Statutes, is created to read:

19         163.055  Local Government Financial Technical

20  Assistance Program.--

21         (1)  Among municipalities and special districts, the

22  Legislature finds that:

23         (a)  Florida is a state comprised of 400 municipalities

24  and almost 1,000 special districts statewide.

25         (b)  Of the 400 municipalities in the state, over 200

26  have a population under 5,000.

27         (c)  State and federal mandates will continue to place

28  additional funding demands on all municipalities and special

29  districts.

30         (d)  State government lacks the specific technical

31  expertise or resources to effectively perform ongoing

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  educational support and financial emergency detection or

 2  assistance.

 3         (2)  Recognizing the findings in subsection (1), the

 4  Legislature declares that:

 5         (a)  The fiscal challenges confronting various

 6  municipalities and special districts require an investment

 7  that will facilitate efforts to improve the productivity and

 8  efficiency of their financial structures and operating

 9  procedures.

10         (b)  Current and additional revenue enhancements

11  authorized by the Legislature should be managed and

12  administered using appropriate management practices and

13  expertise.

14         (3)  The purpose of this section is to provide

15  technical assistance to municipalities and special districts

16  to enable them to implement workable solutions to financially

17  related problems.

18         (4)  The Comptroller shall enter into contracts with

19  program providers who shall:

20         (a)  Be a public agency or private, nonprofit

21  corporation, association, or entity.

22         (b)  Use existing resources, services, and information

23  that are available from state or local agencies, universities,

24  or the private sector.

25         (c)  Seek and accept funding from any public or private

26  source.

27         (d)  Annually submit information to assist the

28  Legislative Committee on Intergovernmental Relations in

29  preparing a performance review that will include a analysis of

30  the effectiveness of the program.

31         (e)  Assist municipalities and independent special

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  districts in developing alternative revenue sources.

 2         (f)  Provide for an annual independent financial audit

 3  of the program, if the program receives funding.

 4         (g)  Provide assistance to municipalities and special

 5  districts in the areas of financial management, accounting,

 6  investing, budgeting, and debt issuance.

 7         (h)  Develop a needs assessment to determine where

 8  assistance should be targeted, and to establish a priority

 9  system to deliver assistance to those jurisdictions most in

10  need through the most economical means available.

11         (i)  Provide financial emergency assistance upon

12  direction from the Office of the Governor pursuant to s.

13  218.503.

14         (5)(a)  The Comptroller shall issue a request for

15  proposals to provide assistance to municipalities and special

16  districts.  At the request of the Comptroller, the Legislative

17  Committee on Intergovernmental Relations shall assist in the

18  preparation of the request for proposals.

19         (b)  The Comptroller shall review each contract

20  proposal submitted.

21         (c)  The Legislative Committee on Intergovernmental

22  Relations shall review each contract proposal and submit to

23  the Comptroller, in writing, advisory comments and

24  recommendations, citing with specificity the reasons for its

25  recommendations.

26         (d)  The Comptroller and the Legislative Committee on

27  Intergovernmental Relations shall consider the following

28  factors in reviewing contract proposals:

29         1.  The demonstrated capacity of the provider to

30  conduct needs assessments and implement the program as

31  proposed.

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         2.  The number of municipalities and special districts

 2  to be served under the proposal.

 3         3.  The cost of the program as specified in a proposed

 4  budget.

 5         4.  The short-term and long-term benefits of the

 6  assistance to municipalities and special districts.

 7         5.  The form and extent to which existing resources,

 8  services, and information that are available from state and

 9  local agencies, universities, and the private sector will be

10  used by the provider under the contract.

11         (6)  A decision of the Comptroller to award a contract

12  under this section is final and shall be in writing with a

13  copy provided to the Legislative Committee on

14  Intergovernmental Relations.

15         (7)  The Comptroller may enter into contracts and

16  agreements with other state and local agencies and with any

17  person, association, corporation, or entity other than the

18  program providers, for the purpose of administering this

19  section.

20         (8)  The Comptroller shall provide fiscal oversight to

21  ensure that funds expended for the program are used in

22  accordance with the contracts entered into pursuant to

23  subsection (4).

24         (9)  The Legislative Committee on Intergovernmental

25  Relations shall annually conduct a performance review of the

26  program.  The findings of the review shall be presented in a

27  report submitted to the Governor, the President of the Senate,

28  the Speaker of the House of Representatives, and the

29  Comptroller by January 15 of each year.

30         Section 2.  Effective upon this act becoming a law,

31  paragraph (d) of subsection (7) of section 163.01, Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  Statutes, is amended to read:

 2         163.01  Florida Interlocal Cooperation Act of 1969.--

 3         (7)(d)  Notwithstanding the provisions of paragraph

 4  (c), any separate legal entity created pursuant to this

 5  section and controlled by the municipalities or counties of

 6  this state or by one or more municipality and one or more

 7  county of this state, the membership of which consists or is

 8  to consist of municipalities only, counties only, or one or

 9  more municipality and one or more county, may, for the purpose

10  of financing or refinancing any capital projects, exercise all

11  powers in connection with the authorization, issuance, and

12  sale of bonds. Notwithstanding any limitations provided in

13  this section, all of the privileges, benefits, powers, and

14  terms of part I of chapter 125, part II of chapter 166, and

15  part I of chapter 159 shall be fully applicable to such

16  entity.  Bonds issued by such entity shall be deemed issued on

17  behalf of the counties or municipalities which enter into loan

18  agreements with such entity as provided in this paragraph.

19  Any loan agreement executed pursuant to a program of such

20  entity shall be governed by the provisions of part I of

21  chapter 159 or, in the case of counties, part I of chapter

22  125, or in the case of municipalities and charter counties,

23  part II of chapter 166. Proceeds of bonds issued by such

24  entity may be loaned to counties or municipalities of this

25  state or a combination of municipalities and counties, whether

26  or not such counties or municipalities are also members of the

27  entity issuing the bonds.  The issuance of bonds by such

28  entity to fund a loan program to make loans to municipalities

29  or counties or a combination of municipalities and counties

30  with one another for capital projects to be identified

31  subsequent to the issuance of the bonds to fund such loan

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  programs is deemed to be a paramount public purpose.  Any

 2  entity so created may also issue bond anticipation notes, as

 3  provided by s. 215.431, in connection with the authorization,

 4  issuance, and sale of such bonds.  In addition, the governing

 5  body of such legal entity may also authorize bonds to be

 6  issued and sold from time to time and may delegate, to such

 7  officer, official, or agent of such legal entity as the

 8  governing body of such legal entity may select, the power to

 9  determine the time; manner of sale, public or private;

10  maturities; rate or rates of interest, which may be fixed or

11  may vary at such time or times and in accordance with a

12  specified formula or method of determination; and other terms

13  and conditions as may be deemed appropriate by the officer,

14  official, or agent so designated by the governing body of such

15  legal entity.  However, the amounts and maturities of such

16  bonds and the interest rate or rates of such bonds shall be

17  within the limits prescribed by the governing body of such

18  legal entity and its resolution delegating to such officer,

19  official, or agent the power to authorize the issuance and

20  sale of such bonds.  A local government self-insurance fund

21  established under this section may financially guarantee bonds

22  or bond anticipation notes issued or loans made under this

23  subsection.  Bonds issued pursuant to this paragraph may be

24  validated as provided in chapter 75.  The complaint in any

25  action to validate such bonds shall be filed only in the

26  Circuit Court for Leon County.  The notice required to be

27  published by s. 75.06 shall be published only in Leon County,

28  and the complaint and order of the circuit court shall be

29  served only on the State Attorney of the Second Judicial

30  Circuit and on the state attorney of each circuit in each

31  county where the public agencies which were initially a party

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  to the agreement are located. Notice of such proceedings shall

 2  be published in the manner and the time required by s. 75.06

 3  in Leon County and in each county where the public agencies

 4  which were initially a party to the agreement are located.

 5  Obligations of any county or municipality pursuant to a loan

 6  agreement as described in this paragraph may be validated as

 7  provided in chapter 75.

 8         Section 3.  Effective upon this act becoming a law,

 9  section 414.224, Florida Statutes, is created to read:

10         414.224  Retention Enhancing Communities Initiative.--

11         (1)  LEGISLATIVE INTENT.--The Legislature finds that

12  Florida has numerous distressed urban cores with high

13  proportions of residents who are former and current WAGES

14  Program participants. The Legislature further finds that the

15  existence of strong neighborhoods and communities is crucial

16  to reduce recidivism among former WAGES Program participants,

17  and to create new jobs and promote job retention for current

18  WAGES Program participants. Therefore, it is the intent of the

19  Legislature to create a program designed to develop these

20  communities with the help of, and for the benefit of, current

21  and former WAGES Program participants.

22         (2)  CREATION.-- The Retention Enhancing Communities

23  Initiative (RECI) is created to leverage federal, state, and

24  local resources for community redevelopment initiatives that

25  promote job retention among WAGES Program participants.

26  Selected communities will identify and compete for projects

27  coordinated around the six community-enhancing elements of

28  community safety, community builders, community businesses,

29  community schools, community partnerships, and community

30  redevelopment.

31         (3) SELECTION OF RECI COMMUNITIES.--

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         (a) By July 1, 1999, the WAGES Program State Board of

 2  Directors, in consultation with local WAGES coalitions, will

 3  identify 14 communities in the state's seven largest counties.

 4  These communities must be compact, congruent, and contiguous

 5  census tracts that have the highest concentrations of

 6  residents who are current or former WAGES Program

 7  participants. To the maximum extent possible, these

 8  communities should coincide with federal empowerment zones,

 9  enterprise zones established under chapter 290, Neighborhood

10  Improvement Districts established under chapter 163, community

11  redevelopment areas established under chapter 163, and Urban

12  High Crime Areas established under chapter 212. By August 1,

13  1999, the WAGES Program State Board of Directors must contract

14  with an independent entity to certify that these 14

15  communities comply with the requirements of this section.

16         (b)  By July 10, 1999, the WAGES Program State Board of

17  Directors shall solicit proposals from the communities

18  identified in paragraph (a) for participation in RECI. The

19  Governor shall appoint a liaison from a state agency to assist

20  with each proposal and their implementation. These liaisons

21  shall have the full assistance of the Executive Office of the

22  Governor, the agencies of state government, and their

23  employees. If a state employee is not able to assist a liaison

24  because of state law or regulation, the liaison shall notify

25  the Governor, the Office of Urban Opportunity, and the Office

26  of Program Policy Analysis and Government Accountability

27  concerning the impasse and prepare proposals to resolve them.

28  Upon a written request of a liaison, the Governor may by

29  executive order or emergency rule address regulatory or

30  procedural impasses to enable prompt implementation of a

31  community's proposal. Any federal TANF funding appropriated by

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  the state to benefit WAGES participants, to assist needy

 2  families, or to promote job placement and employment retention

 3  of WAGES participants that is in excess of revenues necessary

 4  to fulfill the appropriated purpose may, upon a written

 5  request of a liaison, be redirected, notwithstanding any other

 6  statute, with the approval of the Office of Urban Opportunity,

 7  the WAGES Program State Board of Directors, and the Governor,

 8  to support an approved project in a RECI community. Proposals

 9  should be general in nature, be no more than 20 pages long,

10  and include:

11         1. A brief plan describing how the community will

12  coordinate and incorporate the six RECI elements into the

13  community's redevelopment strategy;

14         2. Specific evidence of community support from

15  community-based organizations and local government for

16  participation in RECI;

17         3. For each RECI element, identification and commitment

18  of local resources from community-based organizations, local

19  government, and others, to be leveraged by federal and state

20  resources;

21         4.  Identification of the specific entity or person

22  responsible for coordinating the community's participation in

23  RECI; and

24         5.  Identification of local administrative entities.

25         (c) Based on proposal evaluation criteria developed by

26  the WAGES Program State Board of Directors, the board shall,

27  by October 1, 1999, select up to nine communities to

28  participate in RECI, and notify each community of such

29  selection. All RECI projects must be fully operational by

30  January 1, 2000, and must be completed by December 31, 2001.

31         (4) RECI ELEMENTS.--Once a community is selected as a

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  RECI participant, the community may compete for awards in each

 2  RECI element. Awards will be granted by the WAGES Program

 3  State Board of Directors and will be based on a project plan

 4  that must be consistent with the community's proposal

 5  describing the coordination and incorporation of the RECI

 6  elements. The WAGES Program State Board of Directors shall

 7  develop guidelines and criteria for the application and award

 8  of the funds. Criteria must provide additional weight for

 9  criteria relating to community involvement, business

10  involvement, and local contributions. Unless otherwise

11  provided for, the board or its designated agents shall

12  administer the award of funds for each RECI element and must

13  provide assurances that projects are completed pursuant to

14  project plans. RECI elements include the following:

15         (a) WAGES Community Safety.--Funds may be awarded for

16  projects that increase the safety and reduce crime in RECI

17  communities. Funds may be used to train and employ WAGES

18  Program participants in public safety jobs; establish security

19  businesses and services; train residents in safety practices

20  and organize safety networks; improve lighting, alarms, and

21  law enforcement equipment; improve the safety of homes,

22  buildings, and streets; and provide community police. Local

23  law enforcement agencies must be a contributing partner in

24  safety projects. The Department of Community Affairs and the

25  Florida Department of Law Enforcement shall assign a

26  representative of their departments to assist these

27  communities with public safety issues and, notwithstanding any

28  other provision in law, may award public safety grants to

29  these communities.

30         (b) WAGES Community Builders.--Funds may be awarded for

31  small community clean-up and enhancement projects that quickly

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  create visible improvements and for planning and

 2  implementation of larger neighborhood revitalization and

 3  economic development initiatives.

 4         1. Funds for the WAGES Community Builders element may

 5  be awarded for small community clean-up and enhancement

 6  projects. Projects must include WAGES Program participants,

 7  must last less than 3 weeks, and must be endorsed by the local

 8  unit of government. Funding may not exceed $5,000 per project

 9  without a waiver from the WAGES Program State Board of

10  Directors. The board shall enlist the Department of State's

11  Main Street program, Keep Florida Beautiful, Inc., and, when

12  approved by the Governor, the Florida National Guard, to

13  advise and assist with these projects and to redirect

14  resources to these communities.

15         2. Funds for the WAGES Community Builders element may

16  be awarded for the planning and implementation of large

17  neighborhood revitalization or economic development

18  initiatives. Funding for planning projects may not exceed

19  $200,000, and may not, in total, exceed 20 percent of the

20  funds available for this element. Funding for implementation

21  projects may not in total exceed 20 percent of the funds

22  available for this element and must primarily leverage

23  federal, state, local, private, or foundation resources other

24  than those provided for in this section. Planning and

25  implementation projects shall employ WAGES Program

26  participants from the RECI community to the greatest extent

27  possible.

28         (c) WAGES Community Businesses.--Funds may be awarded

29  for small business-development projects, including

30  national-franchise attraction efforts, microloans, guaranteed

31  commercial loans, technical assistance, self-employment, and

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  business incubators at educational institutions. At least 95

 2  percent of funds awarded for these projects must be for the

 3  benefit of WAGES Program participants in RECI communities. The

 4  WAGES Program State Board of Directors shall work with the

 5  Comptroller to target the linked-deposit program under s.

 6  290.0075 into these communities, and the Comptroller shall, to

 7  the greatest extent he or she deems practical, implement that

 8  program in RECI communities. Using funds appropriated for this

 9  element, the WAGES Program State Board of Directors, or its

10  designated agent, shall establish a $10-million loan-loss

11  reserve to encourage and guarantee commercial loans made under

12  this element, and shall develop a tax-free bond fund to

13  provide and expand the secondary loan market for commercial

14  loans made in RECI communities. The WAGES Program State Board

15  of Directors, or its designated agent, shall approach and

16  propose joint ventures with national franchisers committing to

17  train individuals for and partially underwrite new franchise

18  ventures in RECI communities.

19         (d) WAGES Community Schools.--Funds may be awarded for

20  WAGES Community School projects that upgrade schools through

21  construction, repair, or renovation, or which provide training

22  and employment to WAGES Program participants to assist with

23  transportation, school services, and security. Schools

24  accepting this assistance must offer before, after, and summer

25  school programs for students who are WAGES Program

26  participants.

27         (e) WAGES Community Partnerships.--Funds may be awarded

28  for WAGES Community Partnership projects to make payments of

29  tax credits to businesses that contribute to projects in RECI

30  communities which are eligible under the community

31  contribution tax credit program under ss. 220.183 and

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  624.5105. Business contributions must benefit WAGES Program

 2  participants in these communities. Funds may equal 30 percent

 3  of the business's contribution and may apply to contributions

 4  of any size if adequate funds are available in this RECI

 5  element. The Office of Tourism, Trade, and Economic

 6  Development and the Department of Revenue shall assist the

 7  WAGES Program State Board of Directors in administering such

 8  tax credits. Projects may also match, up to a

 9  dollar-for-dollar level, any foundation awards to RECI

10  communities which will improve job retention and reduce public

11  assistance dependency as determined by the WAGES Program State

12  Board of Directors.

13         (f) WAGES Community Redevelopment.--Funds may be

14  awarded for WAGES Community Redevelopment projects to

15  facilitate the planning, preparing, marketing, and financing

16  of residential, mixed-use, and commercial development

17  projects, as well as residential and business infrastructure

18  redevelopment projects in RECI communities. Projects that

19  would mainly result in gentrification of the community, that

20  would not employ a preponderance of WAGES Program

21  participants, and that predominately create residences or

22  business sites that are beyond the anticipated income level of

23  working WAGES Program participants are not eligible.

24         1. The Office of Tourism, Trade, and Economic

25  Development shall be the administrator of projects under this

26  paragraph and shall develop criteria for the award of the

27  funds. Funds available under this element must be leveraged

28  with federal, state, and local resources, including, but not

29  limited to, those available through the local unit of

30  government under the Community Development Block Grant,

31  section 108 loan guarantee program, and through state agencies

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  including the Department of Community Affairs, the Department

 2  of Environmental Protection, and the Florida Housing Finance

 3  Corporation.

 4         2. A redevelopment finance review team including the

 5  WAGES Program State Board of Directors, the Office of Tourism,

 6  Trade, and Economic Development, Enterprise Florida, Inc., the

 7  appropriate local WAGES coalition, the appropriate local unit

 8  of government, the Department of Community Affairs, the

 9  Department of Environmental Protection, and the Florida

10  Housing Finance Corporation shall review all project plans and

11  coordinate available resources, matching expenditures to

12  eligible and available revenues that may be invested in the

13  project. The team shall seek federal funding assistance in

14  these projects and may identify and recommend projects for

15  award under the WAGES Targeted Employment and WAGES

16  transportation projects established by law. The team shall

17  recommend appropriate projects to the State Board of

18  Administration for public investment. Their collaborative

19  project package shall constitute a recommended public

20  financing commitment that shall serve to induce private

21  developers to finance the remaining costs of the project.

22  Notwithstanding the provisions of s. 216.301, funds

23  appropriated for the purpose of this paragraph shall not be

24  subject to reversion.

25         3. The Office of Tourism, Trade, and Economic

26  Development, based upon the recommendation from the team, may

27  award project funds to RECI communities for up to 30 percent

28  of the total project cost. In awarding funds, the office shall

29  consider factors including, but not limited to, the project's

30  direct employment of WAGES Program participants in planning,

31  development, or construction; eventual direct employment of

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  WAGES Program participants; residences or businesses to be

 2  owned by WAGES Program participants; impact on retention in

 3  employment of WAGES Program participants; impact on lowering

 4  recidivism and dependency on public assistance programs;

 5  demonstrated local public and private commitment; and the

 6  potential to enhance and upgrade the community.

 7         4. To facilitate timely response and induce the

 8  development of site opportunities where a community-based or

 9  private-sector partner exists, the Office of Tourism, Trade,

10  and Economic Development may award funds for infrastructure

11  feasibility studies, design and engineering activities,

12  project development and packaging, or other infrastructure

13  planning and preparation activities. Such funds may not exceed

14  $300,000 per project, and may not exceed 5 percent of the

15  total funding available under this paragraph.

16         5. The Office of Tourism, Trade, and Economic

17  Development shall pursue execution of a memorandum of

18  agreement with the Department of Housing and Urban Development

19  and other federal or state partners under which state funds

20  available through this element may be advanced, in excess of

21  the prescribed state share, for a project that has received

22  from the department or partner a preliminary determination of

23  eligibility for financial support. State funds in excess of

24  the prescribed state share which are advanced pursuant to this

25  paragraph and a memorandum of agreement shall be reimbursed

26  when funds are awarded under an application for other

27  financing.

28         6. To facilitate development of prospective sites, the

29  Office of Tourism, Trade, and Economic Development may award

30  funds for surveys, feasibility studies, project development,

31  packaging, marketing, and other activities related to the

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  identification, marketing, and preparation of sites of up to

 2  $150,000. Such funds shall require a match from local sources

 3  of 33 percent and the total grants awarded under this

 4  subparagraph shall not exceed 5 percent of the total funding

 5  available under this paragraph.

 6         (5) The Governor shall name by July 15, 1999, a

 7  coordinator in the Office of Urban Opportunity with the

 8  authority, established by executive order, to work with the

 9  WAGES Program State Board of Directors to direct agency

10  assistance, solve problems, and commit resources to RECI

11  communities.

12         (6) By August 15, 1999, working with the Workforce

13  Development Board, the WAGES Program State Board of Directors

14  shall establish a center for community excellence, affiliated

15  with an educational institution or group of educational

16  institutions, which will provide research, consulting,

17  technical assistance, capacity building, training, and program

18  assistance services to RECI communities.

19         (7) FUNDING.--

20         (a)  To implement the provisions of this act, the

21  Department of Children and Family Services is authorized to

22  spend up to $50 million from Temporary Assistance for Needy

23  Families (TANF) Block Grant funds pursuant to criteria adopted

24  by the WAGES Program State Board of Directors.

25         (b) Any expenditure from the Temporary Assistance for

26  Needy Families block grant shall be expended in accordance

27  with the requirements and limitations of Title IV of the

28  Social Security Act, as amended, or any other applicable

29  federal requirement or limitation in law. Prior to any

30  expenditure of such funds, the WAGES Program State Board of

31  Directors and the Secretary of Children and Family Services,

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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  or his or her designee, shall certify that controls are in

 2  place to ensure that such funds are expended and reported in

 3  accordance with the requirements and limitations of federal

 4  law. It shall be the responsibility of any entity to which

 5  funds are awarded to obtain the required certification prior

 6  to any expenditure of funds.

 7         (c) Unexpended proceeds derived from a project

 8  completed with the use of program funds, beyond the operating

 9  costs and debt service, shall be restricted to further

10  expenditures within the element. Use of such unexpended

11  proceeds for purposes other than those authorized by this act

12  is prohibited.

13         (d) No more than 5 percent of the funds available under

14  this section may be used by the board or its designated agents

15  to administer and monitor the awards.

16         (e) Funds authorized under this section must augment

17  the existing efforts or resources of local communities rather

18  than offset or supplant them.

19         (8) The Governor shall notify the President of the

20  United States and the Florida Congressional Delegation of any

21  delays by the federal government affecting the prompt

22  implementation of this section, and enlist their assistance in

23  resolution of such delays. By budget amendment, the Governor

24  shall identify and transfer funds to continue this initiative

25  on schedule, notwithstanding federal delays. With the

26  assistance of the Secretary of Children and Family Services

27  and the Attorney General, the Governor shall then explore

28  administrative and judicial options to gain reimbursement.

29         (9) MONITORING AND REPORTING.--

30         (a) The independent entity selected by the WAGES

31  Program State Board of Directors to certify compliance by the

                                  17
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  14 communities identified under paragraph (2)(a) shall also

 2  identify four other similar communities to serve as a control

 3  group for RECI. The entity must measure performance trends in

 4  the control group communities, the communities that applied

 5  for RECI designation but were not selected, and the

 6  communities selected to participate in RECI. The four control

 7  communities shall be known only to the entity until the

 8  completion of the initiative. The entity shall develop,

 9  working with the Office of Program Policy Analysis and

10  Government Accountability and the WAGES Program State Board of

11  Directors, criteria by October 1, 1999, to measure the impact

12  of the initiative. Such criteria must include the total

13  revenues generated and invested in RECI communities, and the

14  amount of revenue saved from the retention of WAGES Program

15  participants.

16         (b) In addition to a comprehensive final report due

17  February 15, 2002, the WAGES Program State Board of Directors

18  must report to the Governor and Legislature every 6 months

19  beginning January 1, 2000, on the progress of RECI. Reports

20  must include tangible impacts of the initiative. The final

21  report shall include recommendations relating to the potential

22  development of a RECI program for communities in mid-sized

23  counties. The report must additionally recognize the three

24  most successful RECI communities and designate these

25  communities Florida's "come-back communities."

26         Section 4.  Paragraph (m) is added to subsection (2) of

27  section 250.10, Florida Statutes, 1998 Supplement, to read:

28         250.10  Appointment and duties of the Adjutant

29  General.--

30         (2)  The Adjutant General of the state shall be the

31  Chief of the Department of Military Affairs. He or she shall:

                                  18
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         (m)  Subject to annual appropriations, administer youth

 2  About Face programs and adult Forward March programs at sites

 3  to be selected by the Adjutant General.

 4         1.  About Face shall establish a summer and a

 5  year-round afterschool life-preparation program for

 6  economically disadvantaged and at-risk youths from 13 through

 7  17 years of age. Both programs must provide schoolwork

 8  assistance, focusing on the skills needed to pass the high

 9  school competency test, and also focus on functional life

10  skills, including teaching students to work effectively in

11  groups; providing basic instruction in computer skills;

12  teaching basic problem solving, decision making, and reasoning

13  skills; teaching how the business world and free enterprise

14  work through computer simulations; and teaching home finance

15  and budgeting and other daily living skills. In the

16  afterschool program, students must train in academic study

17  skills and the basic skills that businesses require for

18  employment consideration.

19         2.  The Adjutant General shall provide job-readiness

20  services in the Forward March program for WAGES program

21  participants who are directed to Forward March by local WAGES

22  coalitions. The Forward March program shall provide training

23  on topics that directly relate to the skills required for

24  real-world success. The program shall emphasize functional

25  life skills, computer literacy, interpersonal relationships,

26  critical-thinking skills, business skills, preemployment and

27  work maturity skills, job-search skills, exploring careers

28  activities, how to be a successful and effective employee, and

29  some job-specific skills. The program also shall provide

30  extensive opportunities for participants to practice generic

31  job skills in a supervised work setting. Upon completion of

                                  19
    8:45 AM   04/29/99                               h1825.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  the program, Forward March shall return participants to the

 2  local WAGES coalition for placement in a job-placement pool.

 3         Section 5.  Notwithstanding the time limitations

 4  contained in chapters 212 and 220, Florida Statutes, relating

 5  to enterprise-zone tax incentives, a business that was

 6  purchased in February 1992 within an area of Tampa that

 7  received a designation as an enterprise zone under section

 8  290.0065, Florida Statutes, effective July 1, 1995, and that

 9  was eligible to receive enterprise-zone tax incentives from

10  July 1, 1995, to July 1, 1998, must submit an application for

11  the tax incentives by December 1, 1999. All other requirements

12  of the enterprise zone program apply to such a business.

13         Section 6.  Notwithstanding any provision of law to the

14  contrary, the governing body of a municipality or a county

15  containing a U.S. Environmental Protection Agency brownfield

16  pilot project that was designated as of May 1, 1997, may apply

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

18  before December 31, 1999, to amend the boundaries of an

19  enterprise zone designated in a municipality or a county

20  containing such brownfield pilot project. The office shall

21  approve the application to amend the boundaries of the

22  enterprise zone if the added area does not increase the

23  overall size of the expanded zone more than its original size

24  or 20 square miles, whichever is larger.

25         Section 7.  Before December 31, 1999, any municipality

26  an area of which has previously received designation as an

27  Enterprise Zone in the population category described in

28  section 290.0065(3)(a)3., Florida Statutes, may create a

29  satellite enterprise zone not exceeding 1.5 square miles in

30  area outside of and, notwithstanding anything contained in

31  section 290.0055(4), Florida Statutes, or any other law, in

                                  20
    8:45 AM   04/29/99                               h1825.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  addition to the previously designated enterprise zone

 2  boundaries. The Office of Tourism, Trade, and Economic

 3  Development shall amend the boundaries of the areas previously

 4  designated by any such municipality as enterprise zones upon

 5  receipt of a resolution adopted by the municipality describing

 6  the satellite enterprise zone areas, as long as the additional

 7  areas are consistent with the categories, criteria, and

 8  limitations imposed by section 290.0055, Florida Statutes.

 9  However, the requirements imposed by section 290.0055(4)(d),

10  Florida Statutes, do not apply to such satellite enterprise

11  zone areas.

12         Section 8.  (1)  The purpose of this section is to

13  provide for the establishment of individual development

14  accounts (IDAs) in communities targeted by the Retention

15  Enhancing Communities Initiative (RECI) designed to provide

16  families with limited means in these communities an

17  opportunity to accumulate assets, to facilitate and mobilize

18  savings, to promote education, homeownership, and

19  microenterprise development, and to stabilize families and

20  build communities.  This section implements the provisions of

21  s. 404(h) of the Social Security Act, as amended, 42 U.S.C. s.

22  604(h), related to individual development accounts.  Nothing

23  in this section is intended to conflict with the provisions of

24  federal law.

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

26         (a)  "Individual development account" means an account

27  exclusively for the purpose of paying the qualified expenses

28  of an eligible individual or family in RECI communities.  The

29  account is a trust created or organized in this state and

30  funded through periodic contributions by the establishing

31  individual and matched by or through a qualified entity for a

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  qualified purpose.

 2         (b)  "Qualified entity" means:

 3         1.  A not-for-profit organization described in s.

 4  501(c)(3) of the Internal Revenue Code of 1986, as amended,

 5  and exempt from taxation under s. 501(a) of such code; or

 6         2.  A state or local government agency acting in

 7  cooperation with an organization described in subparagraph 1.

 8  For purposes of this section, a local WAGES coalition shall be

 9  considered a government agency.

10         (c)  "Financial institution" means an organization

11  authorized to do business under state or federal laws relating

12  to financial institutions, and includes a bank, trust company,

13  savings bank, building and loan association, savings and loan

14  company or association, and credit union.

15         (d)  "Eligible educational institution" means:

16         1.  An institution described in s. 481(a)(1) or s.

17  1201(a) of the Higher Education Act of 1965, 20 U.S.C. s.

18  1088(a)(1) or s. 1141(a), as such sections are in effect on

19  the date of the enactment of the Personal Responsibility and

20  Work Opportunity Reconciliation Act of 1996, Pub. L. No.

21  104-193.

22         2.  An area vocational education school, as defined in

23  s. 521(4)(C) or (D) of the Carl D. Perkins Vocational and

24  Applied Technology Education Act, 20 U.S.C. s. 2471(4), in

25  this state, as such sections are in effect on the date of the

26  enactment of the Personal Responsibility and Work Opportunity

27  Reconciliation Act of 1996, Pub. L. No. 104-193.

28         (e)  "Postsecondary educational expenses" means:

29         1.  Tuition and fees required for the enrollment or

30  attendance of a student at an eligible educational

31  institution.

                                  22
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         2.  Fees, books, supplies, and equipment required for

 2  courses of instruction at an eligible educational institution.

 3         (f)  "Qualified acquisition costs" means the costs of

 4  acquiring, constructing, or reconstructing a residence. The

 5  term includes any usual or reasonable settlement, financing,

 6  or other closing costs in a RECI community.

 7         (g)  "Qualified business" means any business that does

 8  not contravene any law or public policy in a RECI community.

 9         (h)  "Qualified business capitalization expenses" means

10  qualified expenditures for the capitalization of a qualified

11  business pursuant to a qualified plan.

12         (i)  "Qualified expenditures" means expenditures

13  included in a qualified plan, including capital, plant,

14  equipment, working capital, and inventory expenses.

15         (j)1.  "Qualified first-time homebuyer" means a

16  taxpayer and, if married, the taxpayer's spouse, who has no

17  present ownership interest in a principal residence during the

18  3-year period ending on the date of acquisition of the

19  principal residence.

20         2.  "Date of acquisition" means the date on which a

21  binding contract to acquire, construct, or reconstruct the

22  principal residence is entered into.

23         (k)  "Qualified plan" means a business plan or a plan

24  to use a business asset purchased, which:

25         1.  Is approved by a financial institution, a

26  microenterprise development organization, or a nonprofit loan

27  fund having demonstrated fiduciary integrity.

28         2.  Includes a description of services or goods to be

29  sold, a marketing plan, and projected financial statements.

30         3.  May require the eligible individual to obtain the

31  assistance of an experienced entrepreneurial advisor.

                                  23
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         (l)  "Qualified principal residence" means a principal

 2  residence, in a RECI community within the meaning of s. 1034

 3  of the Internal Revenue Code of 1986, as amended, the

 4  qualified acquisition costs of which do not exceed 100 percent

 5  of the average area purchase price applicable to such

 6  residence, determined in accordance with s. 143(e)(2) and (3)

 7  of such code.

 8         (3)  The Department of Children and Families shall

 9  amend the Temporary Assistance for Needy Families State Plan

10  which was submitted in accordance with s. 402 of the Social

11  Security Act, as amended, 42 U.S.C. s. 602, to provide for the

12  use of funds for individual development accounts in accordance

13  with the provisions of this section.

14         (4)(a)  Any family in a RECI community subject to time

15  limits and fully complying with work requirements of the WAGES

16  Program that enters into an agreement with an approved

17  fiduciary organization is eligible for participation in an

18  individual development account.

19         (b)  Contributions to the individual development

20  account by an individual may be derived only from earned

21  income, as defined in s. 911(d)(2) of the Internal Revenue

22  Code of 1986, as amended.

23         (c)  The individual or family shall enter into an

24  individual development account agreement with a certified

25  fiduciary organization or community-based organization.

26         (d)  Eligible participants may receive matching funds

27  for contributions to the individual development account,

28  pursuant to the WAGES State Plan and the plan of the local

29  WAGES coalition. When not restricted to the contrary, matching

30  funds may be paid from state and federal funds under the

31  control of the local WAGES coalition, from local agencies, or

                                  24
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  from private donations.

 2         (e)  Eligible participants may receive bonus payments

 3  for program compliance, to the extent provided in the WAGES

 4  State Plan and the plan of the local WAGES coalition.  Such

 5  bonus payments may provide for a matching proportion higher

 6  than matching funds described in paragraph (d).

 7         (5)  Individual development accounts may be available

 8  once the family no longer receives cash assistance for any of

 9  the following uses:

10         (a)  Postsecondary educational expenses paid from an

11  individual development account directly to an eligible

12  educational institution;

13         (b)  Qualified acquisition costs with respect to a

14  qualified principal residence in a RECI community for a

15  qualified first-time homebuyer, if paid from an individual

16  development account directly to the persons to whom the

17  amounts are due; or

18         (c)  Amounts paid from an individual development

19  account directly to a business capitalization account which is

20  established in a federally insured financial institution and

21  is restricted to use solely for qualified business

22  capitalization in a RECI community.

23         (6)  The WAGES Program State Board of Directors shall

24  establish such policies and procedures as may be necessary to

25  ensure that funds held in an individual development account

26  are not withdrawn except for one or more of the qualified

27  purposes described in this section.

28         (7)  Fiduciary organizations shall be the local WAGES

29  coalition or other organizations designated by the local WAGES

30  coalition to serve as an intermediary between individual

31  account holders and financial institutions holding accounts.

                                  25
    8:45 AM   04/29/99                               h1825.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  Responsibilities of such fiduciary organizations may include

 2  marketing participation, soliciting matching contributions,

 3  counseling program participants, and conducting verification

 4  and compliance activities.

 5         (8)  The WAGES Program State Board of Directors shall

 6  establish penalties and procedures for enforcing compliance

 7  with such penalties for the withdrawal of moneys from

 8  individual development accounts under false pretenses or for

 9  the use of such moneys for other than approved purposes.  The

10  fiduciary organization shall make arrangements with the

11  financial institution to impose any penalties or loss of

12  matching funds as specified by the WAGES Program State Board

13  of Directors on moneys withdrawn.  The WAGES Program State

14  Board of Directors may, at its discretion, specify conditions

15  under which an account shall be closed.

16         (9)  The fiduciary organization shall establish a

17  grievance committee and a procedure to hear, review, and

18  decide in writing any grievance made by a holder of an

19  individual development account who disputes a decision of the

20  operating organization that a withdrawal is subject to

21  penalty.

22         (10)  In the event of an account holder's death, the

23  account may be transferred to the ownership of a contingent

24  beneficiary. An account holder shall name contingent

25  beneficiaries at the time the account is established and may

26  change such beneficiaries at any time.

27         (11)  Financial institutions approved by the WAGES

28  Program State Board of Directors shall be permitted to

29  establish individual development accounts pursuant to this

30  section. The financial institution shall certify to the local

31  WAGES coalition on forms prescribed by the WAGES Program State

                                  26
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  Board of Directors and accompanied by any documentation

 2  required by the WAGES Program State Board of Directors that

 3  such accounts have been established pursuant to all provisions

 4  of this act and that deposits have been made on behalf of the

 5  account holder. A financial institution establishing an

 6  individual development account shall:

 7         (a)  Keep the account in the name of the account

 8  holder.

 9         (b)  Subject to the indicated conditions, permit

10  deposits to be made into the account:

11         1.  By the account holder; or

12         2.  By means of contributions made on behalf of the

13  account holder. Such deposits may include moneys to match the

14  account holder's deposits.

15         (c)  Require the account to earn the market rate of

16  interest.

17         (d)  Permit the account holder to withdraw moneys from

18  the account for any of the permissible uses pursuant to

19  procedures adopted by the WAGES Program State Board of

20  Directors.

21         (12)  In accordance with s. 404(h)(4) of the Social

22  Security Act, as amended, 42 U.S.C. s. 604(h)(4), and

23  notwithstanding any other provision of law, other than the

24  Internal Revenue Code of 1986, as amended, funds in an

25  individual development account, including interest accruing in

26  such account, shall be disregarded in determining eligibility

27  for any federal or state program. Matching contributions paid

28  directly into such account and contributions by an individual

29  from earnings shall similarly be disregarded in determining

30  eligibility for any state or federal program.

31         Section 9.  Subsection (5) is added to section 218.503,

                                  27
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  Florida Statutes, to read:

 2         218.503  Determination of financial emergency.--

 3         (5)(a)  The governing authority of any municipality

 4  with a resident population of 300,000 or more on April 1,

 5  1999, and which has been declared in a state of financial

 6  emergency pursuant to this section within the previous 2

 7  fiscal years may impose a discretionary per-vehicle surcharge

 8  of up to 20 percent on the gross revenues of the sale, lease,

 9  or rental of space at parking facilities within the

10  municipality that are open for use to the general public.

11         (b)  A municipal governing authority that imposes the

12  surcharge authorized by this subsection may use the proceeds

13  of such surcharge for the following purposes only:

14         1.  No more than 80 percent of the surcharge proceeds

15  shall be used by the governing authority to reduce its ad

16  valorem tax millage rate or to reduce or eliminate non-ad

17  valorem assessments.

18         2.  A portion of the balance of the surcharge proceeds

19  shall be used by the governing authority to increase its

20  budget reserves; however, the governing authority shall not

21  reduce the amount it allocates for budget reserves from other

22  sources below the amount allocated for reserves in the fiscal

23  year prior to the year in which the surcharge is initially

24  imposed. When a 15 percent budget reserve is achieved, based

25  on the average gross revenue for the most recent 3 prior

26  fiscal years, the remaining proceeds from this subparagraph

27  shall be used for the payment of annual debt service related

28  to outstanding obligations backed or secured by a covenant to

29  budget and appropriate from non-ad valorem revenues.

30         (c)  This subsection is repealed on June 30, 2006.

31         Section 10.  Except as otherwise provided in this act,

                                  28
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                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1  this act shall take effect July 1, 1999.

 2

 3

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

 5  And the title is amended as follows:

 6         Delete everything before the enacting clause

 7

 8  and insert:

 9                      A bill to be entitled

10         An act relating to economic development;

11         creating s. 163.055, F.S.; creating the Local

12         Government Financial Technical Assistance

13         Program; providing legislative findings and

14         declaration; requiring the Comptroller to enter

15         into certain contracts; providing for review of

16         contract proposals; providing for fiscal

17         oversight by the Comptroller; providing for an

18         annual performance review; providing for a

19         report; amending s. 163.01, F.S.; allowing

20         local government self-insurance reserves to be

21         used to guarantee local government obligations

22         under certain circumstances; creating s.

23         414.224, F.S.; creating the Retention Enhancing

24         Communities Initiative; providing for the

25         identification of communities; requiring

26         solicitation of proposals; providing for the

27         selection of RECI participants by the WAGES

28         Program State Board of Directors; providing for

29         the appointment of liaisons; authorizing the

30         Governor to address barriers to implementation

31         of RECI proposals; providing for the

                                  29
    8:45 AM   04/29/99                               h1825.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         redirection of certain funds; providing for

 2         RECI elements; requiring the Governor to

 3         designate a coordinator; establishing a center

 4         for community excellence; providing

 5         appropriations for RECI elements; providing

 6         restrictions of funds; providing for monitoring

 7         and reporting; amending s. 250.10, F.S.;

 8         requiring the Adjutant General to administer a

 9         life-preparation program and job-readiness

10         services; providing an extended period for

11         certain businesses to claim enterprise-zone tax

12         incentives; authorizing amendments to the

13         boundaries of an enterprise zone in a community

14         with a brownfield pilot project; providing for

15         individual development accounts in RECI

16         communities; providing purposes; providing

17         definitions; requiring the Department of

18         Revenue to amend the Temporary Assistance for

19         Needy Families State Plan to provide for use of

20         funds for individual development accounts;

21         specifying criteria and requirements for

22         contributions to such accounts; specifying

23         purposes for use of such accounts; providing

24         for procedures for withdrawals from such

25         accounts; specifying certain organizations to

26         act as fiduciary organizations for certain

27         purposes; providing for penalties for

28         withdrawal of moneys for certain purposes;

29         providing for resolution of certain disputes;

30         providing for transfer of ownership of such

31         accounts under certain circumstances; providing

                                  30
    8:45 AM   04/29/99                               h1825.cm05.0a




                                                  SENATE AMENDMENT

    Bill No. HB 1825, 1st Eng.

    Amendment No.    





 1         for establishment of such accounts by certain

 2         financial institutions under certain

 3         circumstances; providing requirements;

 4         providing that account funds and matching funds

 5         do not affect certain program eligibility;

 6         authorizing municipalities to designate

 7         satellite enterprise zones; amending s.

 8         218.503, F.S.; authorizing certain

 9         municipalities to impose a discretionary

10         per-vehicle surcharge on the gross revenues of

11         the sale, lease, or rental of space at parking

12         facilities within the municipality that are

13         open for use to the public; providing for use

14         of surcharge proceeds; providing an effective

15         date.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  31
    8:45 AM   04/29/99                               h1825.cm05.0a