CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 1825, 1st Eng.
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Kirkpatrick moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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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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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
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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:
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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
8:45 AM 04/29/99 h1825.cm05.0a
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
8:45 AM 04/29/99 h1825.cm05.0a
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
8:45 AM 04/29/99 h1825.cm05.0a
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
8:45 AM 04/29/99 h1825.cm05.0a
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
8:45 AM 04/29/99 h1825.cm05.0a
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
8:45 AM 04/29/99 h1825.cm05.0a
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.
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20
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