Senate Bill 1934c1

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    Florida Senate - 2000                           CS for SB 1934

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




    310-1812A-00

  1                      A bill to be entitled

  2         An act relating to rural development; creating

  3         the Florida Rural Heritage Act; providing

  4         legislative findings; providing definitions;

  5         providing for the designation of a Rural

  6         Heritage Area; providing for a community-based

  7         planning process; specifying guidelines for

  8         Rural Heritage Area plans; providing procedure

  9         for adoption of a plan; providing for economic

10         incentives, reports, and technical assistance;

11         creating the Rural Heritage Grant Program to

12         assist local governments in adopting Rural

13         Heritage Areas, to be administered by the

14         Department of Community Affairs; providing for

15         development of a nature-and-heritage-based

16         tourism business micro-loan program; providing

17         for establishment of a revolving loan fund;

18         providing for educational technology pilot

19         programs to be established by the Department of

20         Management Services; providing for agricultural

21         diversification pilot projects to be

22         administered by the Department of Agriculture

23         and Consumer Services; providing for review and

24         evaluation by the Office of Program Policy

25         Analysis and Government Accountability;

26         amending s. 163.3187, F.S.; providing

27         conditions for adoption of local comprehensive

28         plans for rural activity centers; amending s.

29         187.201, F.S.; modifying goals of the State

30         Comprehensive Plan to include housing for

31         specified persons in rural areas and

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  1         development of nature-based tourism; providing

  2         a policy of fostering integrated and

  3         coordinated community planning efforts;

  4         providing support for rural communities in

  5         developing nature-and-heritage-based tourism

  6         enterprises; providing support for landowners

  7         who wish their lands to remain in agricultural

  8         use; amending s. 212.096, F.S.; providing a

  9         credit against sales tax for businesses located

10         in an enterprise zone within a rural county or

11         city as defined; amending s. 220.181, F.S.;

12         providing enterprise-zone jobs credits for

13         businesses within jurisdiction of a rural local

14         government; amending s. 290.0055, F.S.;

15         providing a condition for designating

16         communities within the jurisdiction of a rural

17         local government as an enterprise zone;

18         amending s. 420.507, F.S.; modifying powers of

19         the Florida Housing Finance Corporation;

20         providing an appropriation; providing an

21         effective date.

22

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

24

25         Section 1.  Florida Rural Heritage Act.--

26         (1)  SHORT TITLE.--This section may be cited as the

27  "Florida Rural Heritage Act."

28         (2)  FINDINGS.--The Legislature finds that:

29         (a)  Fiscally and culturally strong rural communities

30  are beneficial to regional and state economies and resources;

31  are a method for reduction of future urban sprawl; encourage

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  1  compact, efficient urban growth patterns; and should be

  2  promoted by state, regional, and local governments.

  3         (b)  The health and vibrancy of the state's rural areas

  4  benefit their respective regions and the state; conversely,

  5  the deterioration of those rural areas negatively impacts the

  6  surrounding area and the state.

  7         (c)  In recognition of the interwoven nature of the

  8  relationships among rural communities, agricultural lands,

  9  open space lands, urban centers, regions, and the state, the

10  respective governments should establish a framework and work

11  in partnership with communities and the private sector to

12  revitalize rural areas.

13         (d)  A state rural policy should guide the state,

14  regional agencies, local governments, and the private sector

15  in creating economic prosperity and preserving the unique

16  rural character and heritage of the state's rural areas. The

17  policy should encourage and assist local governments in

18  addressing issues including adequate provision of

19  infrastructure, affordable housing, human services, safe

20  neighborhoods, agricultural profitability, educational

21  facilities, sound land uses, health care, and economic

22  diversification and development to sustain rural communities

23  into the future.

24         (e)  Successfully revitalizing and sustaining rural

25  areas depends on addressing, through an integrated and

26  coordinated community effort, a range of varied components

27  essential to a healthy rural environment, including cultural,

28  educational, recreational, economic, transportation, land use,

29  information technology, and social service delivery

30  components.

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  1         (f)  Identification of rural activity centers and of

  2  strategies to promote economic prosperity while protecting

  3  rural character are recognized as important components and

  4  useful mechanisms to promote and sustain rural areas. State

  5  and regional entities and local governments should provide

  6  incentives to promote community-based processes to identify

  7  such centers and strategies. Existing programs and incentives

  8  should be integrated to the extent possible to promote sound

  9  rural development and to achieve the goals of the state rural

10  policy.

11         (g)  Full funding for rural transportation and water

12  infrastructure needs, rural schools, health care services, and

13  information technology are important investments by the state

14  in the overall health of its rural communities, and are

15  integral components of a state rural policy.

16         (h)  Many rural local governments are hindered by

17  limited staff and capacity in their efforts to secure

18  available resources. A state rural policy should assist local

19  governments in identifying and accessing needed resources for

20  which they are eligible, and should promote creative ways to

21  maximize the efficiency of rural local governments' existing

22  staff and other resources.

23         (i)  Agriculture plays an integral role in the economy,

24  ecology, and culture of the state's rural areas and of the

25  state as a whole. At the same time, the state is losing

26  agricultural lands to development at a rapid rate. A state

27  rural policy should assist state agencies and local

28  governments in creating and marketing tools for increasing the

29  profitability of agricultural land uses and other incentives

30  for conserving the state's agricultural lands.

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  1         (j)  In recognition that approximately one-half of all

  2  visitors to this state include a nature-based experience in

  3  their vacation, a state rural policy should encourage the

  4  development of a nature-and-heritage-based tourism industry

  5  that meets this growing public demand, protects the state's

  6  natural and cultural resources, and contributes to economic

  7  prosperity, especially in the state's rural communities.

  8         (3)  DEFINITIONS.--As used in this section, the term:

  9         (a)  "Local government" means any county or

10  municipality.

11         (b)  "Rural Activity Center" means an area or areas

12  designated by a local government where:

13         1.  The area is located within a Rural Heritage Area.

14         2.  Public services such as water and wastewater,

15  transportation infrastructure, schools, and recreation are

16  already available or are scheduled to be provided in an

17  adopted 5-year schedule of capital improvements, and the area

18  has historically served as a commercial business center or

19  site of public buildings for surrounding rural residents.

20         3.  The area may consist of or include state community

21  redevelopment areas, brownfields, enterprise zones, or

22  Mainstreet programs, federal Empowerment Zones, Enterprise

23  Communities, Champion Communities, or Brownfield Showcase

24  Communities.

25         4.  The area of the Rural Activity Center constitutes

26  no more than 25 percent of the designated Rural Heritage Area

27  within which it exists. The Rural Activity Center will serve

28  and be developed as a "town center," promoting compact,

29  efficient development within the Rural Activity Center, and

30  allowing lower density development that retains rural

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  1  character within the remaining portions of the designated

  2  Rural Heritage Area.

  3         (c)  "Rural Heritage Area" means an area or areas

  4  designated by a local government or governments through

  5  interlocal agreement where:

  6         1.  More than 50 percent of the land within the

  7  designated area is in agricultural, open space, recreational,

  8  or other non-developed uses;

  9         2.  The designated area fits the definition of, or

10  falls within an area that fits the definition of, rural

11  community as defined in section 288.106, Florida Statutes;

12         3.  A majority of populated portions of the area are

13  characterized by pervasive poverty, unemployment, and general

14  distress as defined in section 290.0058, Florida Statutes;

15         4.  The area may comprise a single rural county as

16  defined in section 288.106, Florida Statutes, a multi-county

17  area, or a sub-county area that is rural in nature and meets

18  the above land-use, demographic, economic, and definitional

19  criteria. If a sub-county area, it may comprise one or more

20  rural municipalities, as defined in section 288.106, Florida

21  Statutes, and may include unincorporated areas between or

22  surrounding the rural municipalities provided that all parts

23  of the designated area meet the above criteria.

24         (4)  DESIGNATION OF A RURAL HERITAGE AREA.--

25         (a)  A local government, or local governments through

26  interlocal agreement, may designate a geographic area or areas

27  within the applicable jurisdiction as a Rural Heritage Area

28  for the purpose of convening a community-based holistic

29  planning process to identify community problems and assets,

30  create a vision for the area's future, and formulate a

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  1  strategic plan for implementing asset-based solutions to the

  2  problems identified.

  3         (b)  A local government, or local governments through

  4  interlocal agreement, may designate a geographic area or areas

  5  within the applicable jurisdiction and within a designated

  6  Rural Heritage Area as a Rural Activity Center for the purpose

  7  of targeting economic development, job creation, housing,

  8  transportation and other infrastructure, neighborhood

  9  revitalization and preservation, the promotion of rural land

10  preservation, and the employment of land-use incentives to

11  encourage mixed-use development that will revitalize the Rural

12  Activity Center area as a functioning downtown that can serve

13  residents of surrounding rural areas.

14         (5)  COMMUNITY-BASED PLANNING PROCESS.--

15         (a)  As part of the designation of the Rural Heritage

16  Area and the preparation of a Rural Heritage Area plan, a

17  community participation process must be implemented in each

18  proposed Rural Heritage Area. The process must involve

19  stakeholders including, but not limited to, community-based

20  organizations; neighborhood associations; educational, health

21  care, and religious organizations; area residents, including

22  low-income residents; appropriate local government

23  representatives; local school boards; and, when appropriate,

24  institutions of higher education.

25         (b)  The objective of the community participation

26  process is to produce an integrated plan that benefits the

27  community as a whole, and to encourage residents within the

28  designated area to participate in the design and

29  implementation of the Rural Heritage Area plan, including the

30  visioning of the area's future, before prioritizing and

31  optimizing scarce resources. The planning process must be

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  1  collaborative and holistic and must address, at a minimum,

  2  economic development including the nature-and-heritage-based

  3  tourism industry, land use, affordable housing,

  4  infrastructure, education, health care, public safety,

  5  financial capacity, both public and private, information

  6  technology, workforce development, ecological conservation,

  7  social equity, the role of agriculture in the local economy if

  8  applicable, and, the role of local government.

  9         (c)  In lieu of preparing a new plan, the local

10  government may demonstrate that an existing plan or

11  combination of plans includes the factors listed in paragraph

12  (d), or amend such existing plans to include the factors

13  listed in paragraph (d), including the community-based

14  planning process. If the area constitutes or contains a

15  federally designated Empowerment Zone, Enterprise Community,

16  or Champion Community, the plan and planning process done in

17  application for that designation will serve to meet the

18  requirements of the community-based planning process, and will

19  allow the community to apply for implementation grants under

20  the Rural Heritage Grant program that are based on such plan.

21         (d)  A local government seeking to designate a

22  geographic area as a Rural Heritage Area shall propose a plan

23  that describes means of promoting economic prosperity and

24  preserving the unique rural character of the area. The plan

25  must demonstrate the local government's and community's

26  commitment to comprehensively addressing the problems within

27  the Rural Heritage Area and identify activities, programs, and

28  resources that can help accomplish locally identified goals

29  such as improved educational opportunities; economic

30  diversification and development; the future of agricultural

31  land uses in the planning area; provision of infrastructure

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  1  needs, including information technology infrastructure;

  2  prioritizing, pooling, and leveraging scarce resources; and

  3  mixed-use planning for Rural Activity Centers to improve both

  4  the residential and commercial quality of life in the area.

  5  The plan must also:

  6         1.  Contain a map depicting the Rural Heritage Area or

  7  areas, and Rural Activity Center if applicable, to be included

  8  within the designation.

  9         2.  Contain interlocal agreements, as appropriate,

10  among participating local governments and any regional or

11  nonprofit organizations which express the entities' commitment

12  to collectively designating the area and to coordinated

13  implementation efforts based on the plan.

14         3.  Identify any existing enterprise zones, community

15  redevelopment areas, community development districts,

16  brownfield areas, downtown redevelopment districts, safe

17  neighborhood improvement districts, historic preservation

18  districts, and empowerment zones located within the area

19  proposed for designation.

20         4.  Identify a memorandum of understanding between the

21  district school board and the local government jurisdiction

22  regarding public school facilities located within the Rural

23  Heritage Area to identify how the school board will enhance

24  public school facilities and programs in the designated area.

25         5.  Explain how projects identified in the plan forward

26  the goals of creating economic prosperity for area residents

27  and preserving the rural character and heritage of the

28  planning area. Projects may include land acquisition;

29  demolition, construction, or renovation of structures;

30  purchase of conservation easements or development rights on

31  agricultural, conservation or recreational lands; job-training

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  1  programs; investments in educational technologies; capacity

  2  building through existing or new nonprofit organizations;

  3  creation, enhancement, or marketing of nature, agricultural,

  4  or heritage-based tourism or recreational facilities; or

  5  improvement of the delivery of health care services to rural

  6  residents.

  7         6.  Identify the geographic locations for projects

  8  identified through the community participation process and

  9  explain how such projects will be implemented.

10         7.  Identify how the local government intends to

11  implement and enhance affordable housing programs as defined

12  in section 420.602, Florida Statutes, including economic and

13  community development programs administered by the Department

14  of Community Affairs and the Florida Housing Finance

15  Corporation within the Rural Heritage Area.

16         8.  If applicable, provide guidelines for the adoption

17  of land-development regulations specific to the Rural Heritage

18  Area which provide for the use or purchase of conservation

19  easements, purchase or transfer of development rights, or the

20  use of other means available to local governments under

21  section 704.06, Florida Statutes, for the purpose of

22  preserving agricultural lands.

23         9.  If applicable, identify and adopt a package of

24  financial and local government incentives which the local

25  government will offer for new development, expansion or

26  renovation of existing development, and redevelopment within

27  any designated Rural Activity Center. Examples of such

28  incentives include:

29         a.  Waiver of license and permit fees.

30         b.  Waiver of delinquent taxes or fees to promote the

31  return of property to productive use.

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  1         c.  Expedited permitting.

  2         d.  Prioritization of infrastructure spending within

  3  the Rural Heritage Area and Rural Activity Center.

  4         10.  Identify how activities and incentives within the

  5  Rural Heritage Area or Rural Activity Center will be

  6  coordinated and what administrative mechanism the local

  7  government will use for the coordination and monitoring of

  8  Rural Heritage Area plan implementation.

  9         11.  Provide a list of stakeholders participating in

10  the community planning process, consistent with the list

11  provided in paragraph (a).

12         12.  Identify performance measures to evaluate the

13  success of the local government, community-based

14  organizations, and other stakeholders in implementing the

15  Rural Heritage Area plan.

16         (e)  The Regional Planning Council covering the

17  geographic location of the Rural Heritage Area, or other

18  appropriate nonprofit, university-based, or for-profit

19  organizations, may assist the local government in convening

20  the community-based planning process and in preparing the

21  Rural Heritage Area plan provided that the process and

22  resulting plan meet all other requirements as described in

23  this section.

24         (f)  After the preparation of a Rural Heritage Area

25  plan or the designation of an existing plan, the local

26  government must adopt the plan by ordinance. Notice for the

27  public hearing on the ordinance must be in the form

28  established in section 166.041(3)(c)2., Florida Statutes, for

29  municipalities and section 125.66(4)(b)2., Florida Statutes,

30  for counties.

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  1         (g)  For a local government to designate a Rural

  2  Heritage Area or Rural Activity Center, it must amend its

  3  comprehensive land-use plan under section 163.3187, Florida

  4  Statutes, to delineate the Rural Heritage Area within the

  5  future land-use element of its comprehensive plan. An

  6  amendment to the local comprehensive plan to designate a Rural

  7  Heritage Area or Rural Activity Center is exempt from the

  8  twice-a-year amendment limitation of section 163.3187, Florida

  9  Statutes.

10         (6)  ECONOMIC INCENTIVES, REPORTS, TECHNICAL

11  ASSISTANCE.--

12         (a)  A local government with an adopted Rural Heritage

13  Area plan or a plan employed in lieu thereof may issue revenue

14  bonds under section 163.385, Florida Statutes, and employ tax

15  increment financing under section 163.387, Florida Statutes,

16  for the purpose of financing the implementation of the plan as

17  appropriate, particularly within designated Rural Activity

18  Centers.

19         (b)  A local government with an adopted Rural Heritage

20  Area plan or a plan employed in lieu thereof may exercise the

21  powers granted under section 163.514, Florida Statutes, for

22  community redevelopment neighborhood improvement districts,

23  including the authority to levy special assessments as

24  appropriate, particularly within designated Rural Activity

25  Centers.

26         (c)  State agencies that provide funding for

27  infrastructure, cost-reimbursement, grants, or loans to local

28  governments, including the Department of Environmental

29  Protection (Clean Water State Revolving Fund, Drinking Water

30  Revolving Loan Trust Fund, and the State of Florida Pollution

31  Control Bond Program); the Department of Community Affairs

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  1  (Economic Development and Housing Program, Florida Communities

  2  Trust); the Florida Housing Finance Corporation; and the

  3  Department of Transportation, shall report to the President of

  4  the Senate and the Speaker of the House Representatives by

  5  January 1, 2001, regarding statutory and rule changes

  6  necessary to give Rural Heritage Areas identified by local

  7  governments that have completed the community-based planning

  8  process an elevated priority in infrastructure funding, loan,

  9  and grant programs.

10         (d)  State agencies that provide funding to local

11  governments shall identify grant programs for which local

12  government cash match requirements will be waived or replaced

13  by in-kind match, which can include the creation of a

14  permanent Resource Development staff position within the local

15  government to work on accessing a variety of grants, and loan

16  programs for which repayment will be forgiven, for rural local

17  government applicants that have successfully completed the

18  Rural Heritage Area grant program community planning process.

19  Agencies shall report to the President of the Senate and the

20  Speaker of the House of Representatives by September 1, 2000,

21  on programs identified, statutory or rule changes needed, and

22  cost of implementation.

23         (e)  The Rural Economic Development Initiative (REDI),

24  as described in section 288.0656, Florida Statutes, shall work

25  with state agencies and other organizations that provide

26  loans, grants, or technical assistance of any kind to the

27  state's rural communities, to update, maintain, and distribute

28  semiannually to every rural county and city government as

29  defined in section 288.106, Florida Statutes, the Rural

30  Resource Directory, which describes resources, including

31  federal resources, which are available to rural local

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  1  governments and how to access them. The publication must

  2  include statutory provisions that enable local governments to

  3  raise or direct revenues toward the goals of promoting

  4  economic prosperity while preserving rural character. To the

  5  extent possible, REDI shall provide, or shall work through the

  6  Regional Planning Councils, the Small County Technical

  7  Assistance Program, the Local Government Financial Technical

  8  Assistance Program, the State University System, or other

  9  relevant organizations to provide, technical assistance to all

10  rural local governments to access these resources.

11         (f)  Provision by REDI or other organizations

12  identified in paragraph (e) of technical assistance in

13  accessing available resources as described in paragraph (e) is

14  an automatic result of successful completion of the Rural

15  Heritage Area community planning process.

16         (g)  REDI shall work with the Florida State Rural

17  Development Council and state agencies to develop a simple,

18  uniform grant application form for use by local government

19  grant applicants. To the extent feasible, such a uniform

20  application process should incorporate the sharing of known

21  information about local governments among state government

22  agencies in order to maximize the efficiency of local

23  governments' efforts to secure available resources. The

24  uniform grant application must be adopted for use by state

25  agencies by July 1, 2001.

26         (7)  GRANT PROGRAM.--

27         (a)  A Rural Heritage Grant Program is created to

28  assist local governments in adopting Rural Heritage Areas,

29  completing the community-based planning process, and

30  implementing elements of the resulting Rural Heritage Area

31  plan.

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  1         (b)  Forty-five percent of the general revenue

  2  appropriated for the Rural Heritage Grant Program must be

  3  available for conducting the community-based planning process

  4  and completing the Rural Heritage Area plans. Forty-nine

  5  percent of the general revenue appropriated for the Rural

  6  Heritage Grant Program must be available for implementing

  7  projects that are identified in the local government's adopted

  8  Rural Heritage Area plan or a plan employed in lieu thereof. A

  9  local government may allocate grant money to special

10  districts, including community redevelopment agencies and

11  nonprofit community development organizations, to implement

12  projects consistent with an adopted Rural Heritage Area plan

13  or a plan employed in lieu thereof. Five percent of the

14  revenue must be made available for "seed money" grants of not

15  more than $10,000 to assist local governments to begin the

16  process of identifying Rural Heritage Areas, assembling a core

17  group of community-based participants, and applying for

18  planning grants. The remaining 1 percent must be made

19  available for administrative costs incurred by the Department

20  of Community Affairs for implementing the Rural Heritage Grant

21  Program and the Urban Infill and Redevelopment Assistance

22  Grant Program. Projects that provide employment opportunities

23  to clients of the WAGES program must be given an elevated

24  priority in the scoring of competing grant applications. To

25  encourage rural-urban partnerships and regional planning,

26  grant applications may be made, and grant moneys may be used,

27  in regional or partnership projects with communities eligible

28  to participate in the Urban Infill and Redevelopment

29  Assistance Grant Program. The Division of Housing and

30  Community Development of the Department of Community Affairs

31  shall administer the grant program.

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  1         (c)  The Department of Community Affairs, in

  2  consultation with the REDI, shall adopt rules establishing

  3  grant review criteria consistent with this section.

  4         (d)  If the local government fails to implement

  5  sections of the Rural Heritage Area plan funded through a

  6  Rural Heritage Area implementation grant pursuant to the

  7  deadlines specified in the grant agreement, the Department of

  8  Community Affairs, in consultation with REDI, may seek to

  9  rescind the economic and regulatory incentives granted to a

10  Rural Heritage Area or Rural Activity Center, subject to the

11  provisions of chapter 120, Florida Statutes. The action to

12  rescind may be initiated 90 days after issuing a written

13  letter of warning to the local government.

14         (8)  NATURE-AND-HERITAGE-BASED TOURISM BUSINESS

15  MICRO-LOAN PROGRAM.--The statewide advisory committee on

16  nature-and-heritage-based tourism, as established in section

17  288.1224, Florida Statutes, shall work with Enterprise

18  Florida, Inc., the Office of Tourism, Trade, and Economic

19  Development, VISIT FLORIDA, the Rural Economic Development

20  Initiative, the Florida Fish and Wildlife Conservation

21  Commission, the Division of Recreation and Parks of the

22  Florida Department of Environmental Protection, and other

23  appropriate entities to develop a statewide micro-loan program

24  for the purpose of financing the creation and enhancement of

25  small businesses providing nature-based or heritage-based

26  tourism experiences. Examples include bicycle rentals, canoe

27  outfitters, and bed-and-breakfast facilities in proximity to

28  natural areas, and eco-tour operators and guides. Enterprise

29  Florida, Inc., shall administer the program as part of the

30  workplan under its contract with the Office of Tourism, Trade,

31  and Economic Development, as authorized under section 14.2015,

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  1  Florida Statutes, and shall provide low-interest loans of up

  2  to $20,000 to microenterprises, as defined in section

  3  288.9618, Florida Statutes. Enterprise Florida, Inc., shall

  4  establish with funds appropriated for this purpose a revolving

  5  loan fund to finance the nature-and-heritage tourism

  6  enterprise micro-loan program. Two percent of allocated funds

  7  may be used for administration of the program. The above-named

  8  entities shall advise Enterprise Florida, Inc., regarding

  9  micro-loan program design, eligibility criteria, eligible

10  uses, and terms of the loans. The micro-loan program shall

11  begin providing loans to eligible businesses by March 1, 2001.

12  Notwithstanding the provisions of section 216.301, Florida

13  Statutes, funds appropriated for this purpose are not subject

14  to reversion.

15         (9)  EDUCATIONAL TECHNOLOGY PILOT PROGRAM.--

16         (a)  The Department of Management Services, in

17  consultation with the Department of Education, the regional

18  consortium service organizations, established under section

19  228.0857, Florida Statutes, and institutions of higher

20  education, shall establish two pilot projects in rural schools

21  that use wireless or other technologies to provide interactive

22  learning opportunities and Internet access, in order to

23  illustrate ways to increase access to quality educational

24  resources in the state's rural areas. At least one of the

25  pilots must include linkages to existing information

26  technology systems in the pilot area, for example, to a public

27  library, a university, or a four-year or community college,

28  county or municipal government, health care facility, or

29  private business network. The purposes of the projects are to

30  illustrate ways to increase access to quality educational

31  resources in the state's rural areas, to leverage federal

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  1  funds available for bridging the "digital divide," to build on

  2  existing applications to create community-based networks, and

  3  to foster opportunities for innovative distribution of

  4  existing funds.

  5         (b)  The Department of Management Services shall select

  6  the rural schools or districts that will participate in the

  7  pilot projects in consultation with the Department of

  8  Education and the Florida Distance Learning Network Advisory

  9  Council, as described in section 241.003, Florida Statutes.

10  The selection process shall be based on the following

11  criteria:

12         1.  Through evaluation of the school improvement plan,

13  demonstration of how the school or district will leverage

14  additional connectivity provided through the pilot project to

15  improve student achievement;

16         2.  If the pilot project involves wireless technology,

17  demonstration of the school's or district's ability to

18  effectively deploy wireless technology based on existing

19  infrastructure;

20         3.  Demonstration of commitment of the leadership of

21  the school or district to use technology to improve teaching

22  and learning;

23         4.  If the pilot project involves wireless technology,

24  potential cost savings or improved access resulting from the

25  use of wireless rather than traditional connectivity

26  technology;

27         5.  The ability to use the technology infrastructure in

28  other local government applications within the service area;

29         6.  Demonstration of willingness and ability of the

30  community to assume ongoing costs to maintain the pilot

31  project for a minimum 5-year period. Such willingness and

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  1  ability may be demonstrated through intracommunity agreements

  2  or other means; and

  3         7.  Such other criteria as determined by the agencies.

  4         (c)  The Department of Management Services, in

  5  consultation with the Department of Education and the Florida

  6  Distance Learning Network Advisory Council, shall develop

  7  performance standards for the pilot projects consistent with

  8  the Sunshine State Standards, as described in section 229.57,

  9  Florida Statutes, and broader community-based standards as

10  appropriate, and shall evaluate the progress of the pilot

11  projects at least annually based on the performance standards.

12         (10)  AGRICULTURAL CONSERVATION AND PROFITABILITY.--

13         (a)  The Department of Agriculture and Consumer

14  Services, in consultation with the University of Florida and

15  the Florida Agricultural and Mechanical University, shall

16  establish four pilot projects aimed at encouraging

17  agricultural diversification throughout the state. Two of the

18  projects must introduce alternative crops, such as hot

19  peppers, amaranth, or pigeon peas, or alternative growing

20  techniques, for example, greenhouse vegetable production in

21  north Florida or early-season blueberries and peaches. At

22  least one of these two projects shall include a tobacco farm

23  that is being adversely impacted by reductions in tobacco

24  quotas. A third pilot project must introduce a value-added

25  activity or industry, such as fruit or vegetable processing or

26  packaging into a farming community as a means of increasing

27  the profitability of current farm products for local growers.

28  The fourth pilot project should focus on aquaculture, such as

29  development of the state's sturgeon industry or the

30  development or expansion of coastal shellfish enterprises. The

31  purpose of the pilot projects is to demonstrate alternative

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  1  crops, techniques, and industries that can enhance the

  2  profitability and sustainability of agriculture in Florida.

  3  The Commissioner of Agriculture shall, in consultation with

  4  the Agricultural Economic Development Project Review Committee

  5  as described in section 570.248, Florida Statutes, select

  6  pilot projects based on evaluation criteria for agricultural

  7  economic development projects delineated in section 570.247,

  8  Florida Statutes. The Commissioner of Agriculture shall report

  9  annually to the Agricultural Economic Development Project

10  Review Committee on the progress of the pilot projects for the

11  duration of the projects based on performance measures

12  developed for each project consistent with sections 570.244,

13  570.246, and 570.247, Florida Statutes.

14         (b)  As authorized in section 403.0752, Florida

15  Statutes, and based on results of current "whole farm

16  planning" pilot projects, the Florida Department of

17  Environmental Protection shall work with willing partners to

18  streamline the permitting process for agricultural land uses.

19         (11)  REVIEW AND EVALUATION.--The Office of Program

20  Policy Analysis and Government Accountability shall perform a

21  review and evaluation of this legislation, including

22  implementation of the grant program and financial incentives.

23  The report must evaluate the effectiveness of the designation

24  of rural planning areas in promoting economic prosperity and

25  preserving rural character in the state's rural areas. This

26  report may be conducted in conjunction with a review of the

27  Urban Infill and Redevelopment Assistance Grant Program. A

28  report of the findings and recommendations of the Office of

29  Program Policy Analysis and Government Accountability must be

30  submitted to the President of the Senate and the Speaker of

31

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  1  the House of Representative before the 2005 Regular Session of

  2  the Legislature.

  3         Section 2.  Paragraphs (c) and (i) of subsection (1) of

  4  section 163.3187, Florida Statutes, are amended to read:

  5         163.3187  Amendment of adopted comprehensive plan.--

  6         (1)  Amendments to comprehensive plans adopted pursuant

  7  to this part may be made not more than two times during any

  8  calendar year, except:

  9         (c)  Any local government comprehensive plan amendments

10  directly related to proposed small scale development

11  activities may be approved without regard to statutory limits

12  on the frequency of consideration of amendments to the local

13  comprehensive plan.  A small scale development amendment may

14  be adopted only under the following conditions:

15         1.  The proposed amendment involves a use of 10 acres

16  or fewer and:

17         a.  The cumulative annual effect of the acreage for all

18  small scale development amendments adopted by the local

19  government shall not exceed:

20         (I)  A maximum of 120 acres in a local government that

21  contains areas specifically designated in the local

22  comprehensive plan for urban infill, urban redevelopment, or

23  downtown revitalization as defined in s. 163.3164, urban

24  infill and redevelopment areas designated under s. 163.2517,

25  Rural Activity Centers designated under the Florida Rural

26  Heritage Act, transportation concurrency exception areas

27  approved pursuant to s. 163.3180(5), or regional activity

28  centers and urban central business districts approved pursuant

29  to s. 380.06(2)(e); however, amendments under this paragraph

30  may be applied to no more than 60 acres annually of property

31

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  1  outside the designated areas listed in this

  2  sub-sub-subparagraph.

  3         (II)  A maximum of 80 acres in a local government that

  4  does not contain any of the designated areas set forth in

  5  sub-sub-subparagraph (I).

  6         (III)  A maximum of 120 acres in a county established

  7  pursuant to s. 9, Art. VIII of the State Constitution.

  8         b.  The proposed amendment does not involve the same

  9  property granted a change within the prior 12 months.

10         c.  The proposed amendment does not involve the same

11  owner's property within 200 feet of property granted a change

12  within the prior 12 months.

13         d.  The proposed amendment does not involve a text

14  change to the goals, policies, and objectives of the local

15  government's comprehensive plan, but only proposes a land use

16  change to the future land use map for a site-specific small

17  scale development activity.

18         e.  The property that is the subject of the proposed

19  amendment is not located within an area of critical state

20  concern.

21         f.  If the proposed amendment involves a residential

22  land use, the residential land use has a density of 10 units

23  or less per acre, except that this limitation does not apply

24  to small scale amendments described in sub-sub-subparagraph

25  a.(I) that are designated in the local comprehensive plan for

26  urban infill, urban redevelopment, or downtown revitalization

27  as defined in s. 163.3164, urban infill and redevelopment

28  areas designated under s. 163.2517, transportation concurrency

29  exception areas approved pursuant to s. 163.3180(5), or

30  regional activity centers and urban central business districts

31

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  1  approved pursuant to s. 380.06(2)(e), or Rural Activity

  2  Centers designated under the Florida Rural Heritage Act.

  3         2.a.  A local government that proposes to consider a

  4  plan amendment pursuant to this paragraph is not required to

  5  comply with the procedures and public notice requirements of

  6  s. 163.3184(15)(c) for such plan amendments if the local

  7  government complies with the provisions in s. 125.66(4)(a) for

  8  a county or in s. 166.041(3)(c) for a municipality. If a

  9  request for a plan amendment under this paragraph is initiated

10  by other than the local government, public notice is required.

11         b.  The local government shall send copies of the

12  notice and amendment to the state land planning agency, the

13  regional planning council, and any other person or entity

14  requesting a copy.  This information shall also include a

15  statement identifying any property subject to the amendment

16  that is located within a coastal high hazard area as

17  identified in the local comprehensive plan.

18         3.  Small scale development amendments adopted pursuant

19  to this paragraph require only one public hearing before the

20  governing board, which shall be an adoption hearing as

21  described in s. 163.3184(7), and are not subject to the

22  requirements of s. 163.3184(3)-(6) unless the local government

23  elects to have them subject to those requirements.

24         (i)  A comprehensive plan amendment for the purpose of

25  designating an urban infill and redevelopment area under s.

26  163.2517, or a Rural Heritage Area or Rural Activity Center

27  under the Florida Rural Heritage Act, may be approved without

28  regard to the statutory limits on the frequency of amendments

29  to the comprehensive plan.

30

31

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  1         Section 3.  Subsections (5), (10), (16), (22), (23),

  2  and (24) of section 187.201, Florida Statutes, are amended to

  3  read:

  4         187.201  State Comprehensive Plan adopted.--The

  5  Legislature hereby adopts as the State Comprehensive Plan the

  6  following specific goals and policies:

  7         (5)  HOUSING.--

  8         (a)  Goal.--The public and private sectors shall

  9  increase the affordability and availability of housing for

10  low-income and moderate-income persons, including citizens in

11  rural areas, while at the same time encouraging

12  self-sufficiency of the individual and assuring environmental

13  and structural quality and cost-effective operations.

14         (b)  Policies.--

15         1.  Eliminate public policies which result in housing

16  discrimination, and develop policies which encourage housing

17  opportunities for all Florida's citizens.

18         2.  Diminish the use of institutions to house persons

19  by promoting deinstitutionalization to the maximum extent

20  possible.

21         3.  Increase the supply of safe, affordable, and

22  sanitary housing for low-income and moderate-income persons

23  and elderly persons by alleviating housing shortages,

24  recycling older houses and redeveloping residential

25  neighborhoods, identifying housing needs, providing incentives

26  to the private sector to build affordable housing, encouraging

27  public-private partnerships to maximize the creation of

28  affordable housing, and encouraging research into low-cost

29  housing construction techniques, considering life-cycle

30  operating costs.

31

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  1         4.  Reduce the cost of housing construction by

  2  eliminating unnecessary regulatory practices which add to the

  3  cost of housing.

  4         5.  Provide incentives and encourage research to

  5  increase the supply of safe, affordable, and sanitary housing

  6  for low, very low, and moderate income residents of rural

  7  areas, as defined in s. 420.602. Such incentives and research

  8  must take into account the importance of development that

  9  preserves the rural character of the area, and seek to

10  mitigate the increased per-unit cost of small housing projects

11  appropriate to rural areas over the per-unit cost for larger

12  developments.

13         (10)  NATURAL SYSTEMS AND RECREATIONAL LANDS.--

14         (a)  Goal.--Florida shall protect and acquire unique

15  natural habitats and ecological systems, such as wetlands,

16  tropical hardwood hammocks, palm hammocks, and virgin longleaf

17  pine forests, and restore degraded natural systems to a

18  functional condition.

19         (b)  Policies.--

20         1.  Conserve forests, wetlands, fish, marine life, and

21  wildlife to maintain their environmental, economic, aesthetic,

22  and recreational values.

23         2.  Acquire, retain, manage, and inventory public lands

24  to provide recreation, conservation, and related public

25  benefits.

26         3.  Prohibit the destruction of endangered species and

27  protect their habitats.

28         4.  Establish an integrated regulatory program to

29  assure the survival of endangered and threatened species

30  within the state.

31

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  1         5.  Promote the use of agricultural practices which are

  2  compatible with the protection of wildlife and natural

  3  systems.

  4         6.  Encourage multiple use of forest resources, where

  5  appropriate, to provide for timber production, recreation,

  6  wildlife habitat, watershed protection, erosion control, and

  7  maintenance of water quality.

  8         7.  Protect and restore the ecological functions of

  9  wetlands systems to ensure their long-term environmental,

10  economic, and recreational value.

11         8.  Promote restoration of the Everglades system and of

12  the hydrological and ecological functions of degraded or

13  substantially disrupted surface waters.

14         9.  Develop and implement a comprehensive planning,

15  management, and acquisition program to ensure the integrity of

16  Florida's river systems.

17         10.  Emphasize the acquisition and maintenance of

18  ecologically intact systems in all land and water planning,

19  management, and regulation.

20         11.  Expand state and local efforts to provide

21  recreational opportunities to urban areas, including the

22  development of activity-based parks.

23         12.  Protect and expand park systems throughout the

24  state.

25         13.  Encourage the use of public and private financial

26  and other resources for the development of recreational and

27  nature-based tourism opportunities at the state and local

28  levels when consistent with natural-system conservation

29  principles and practices.

30         (16)  LAND USE.--

31

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  1         (a)  Goal.--In recognition of the importance of

  2  preserving the natural resources and enhancing the quality of

  3  life of the state, development shall be directed to those

  4  areas which have in place, or have agreements to provide, the

  5  land and water resources, fiscal abilities, and service

  6  capacity to accommodate growth in an environmentally

  7  acceptable manner.

  8         (b)  Policies.--

  9         1.  Promote state programs, investments, and

10  development and redevelopment activities which encourage

11  efficient development and occur in areas which will have the

12  capacity to service new population and commerce.

13         2.  Develop a system of incentives and disincentives

14  which encourages a separation of urban and rural land uses

15  while protecting water supplies, resource development, and

16  fish and wildlife habitats.

17         3.  Enhance the livability and character of urban areas

18  through the encouragement of an attractive and functional mix

19  of living, working, shopping, and recreational activities.

20         4.  Recognize the interwoven nature of the

21  relationships among rural communities, agricultural lands,

22  open space lands, urban centers, regions, and the state, and

23  the importance of fiscally and culturally strong rural

24  communities to state and regional economies and resources.

25  Promote state and local programs that foster integrated and

26  coordinated community-planning efforts. Pursue land use,

27  educational, recreational, economic, transportation, housing,

28  information technology, and social service delivery

29  initiatives in the context of community planning goals.

30         5.4.  Develop a system of intergovernmental negotiation

31  for siting locally unpopular public and private land uses

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  1  which considers the area of population served, the impact on

  2  land development patterns or important natural resources, and

  3  the cost-effectiveness of service delivery.

  4         6.5.  Encourage and assist local governments in

  5  establishing comprehensive impact-review procedures to

  6  evaluate the effects of significant development activities in

  7  their jurisdictions.

  8         7.6.  Consider, in land use planning and regulation,

  9  the impact of land use on water quality and quantity; the

10  availability of land, water, and other natural resources to

11  meet demands; and the potential for flooding.

12         8.7.  Provide educational programs and research to meet

13  state, regional, and local planning and growth-management

14  needs.

15         (22)  THE ECONOMY.--

16         (a)  Goal.--Florida shall promote an economic climate

17  which provides economic stability, maximizes job

18  opportunities, and increases per capita income for its

19  residents.

20         (b)  Policies.--

21         1.  Attract new job-producing industries, corporate

22  headquarters, distribution and service centers, regional

23  offices, and research and development facilities to provide

24  quality employment for the residents of Florida.

25         2.  Promote entrepreneurship and small and

26  minority-owned business startup by providing technical and

27  information resources, facilitating capital formation, and

28  removing regulatory restraints which are unnecessary for the

29  protection of consumers and society.

30         3.  Maintain, as one of the state's primary economic

31  assets, the environment, including clean air and water,

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  1  beaches, forests, historic landmarks, and agricultural and

  2  natural resources, and support rural communities in developing

  3  nature-and-heritage-based tourism enterprises consistent with

  4  conservation of these natural resources in order to provide

  5  economic benefit to those living in closest proximity to those

  6  assets.

  7         4.  Strengthen Florida's position in the world economy

  8  through attracting foreign investment and promoting

  9  international banking and trade.

10         5.  Build on the state's attractiveness to make it a

11  leader in the visual and performing arts and in all phases of

12  film, television, and recording production.

13         6.  Promote economic development for Florida residents

14  through partnerships among education, business, industry,

15  agriculture, and the arts.

16         7.  Provide increased opportunities for training

17  Florida's workforce to provide skilled employees for new and

18  expanding business.

19         8.  Promote economic self-sufficiency through training

20  and educational programs which result in productive

21  employment.

22         9.  Promote cooperative employment arrangements between

23  private employers and public sector employment efforts to

24  provide productive, permanent employment opportunities for

25  public assistance recipients through provisions of education

26  opportunities, tax incentives, and employment training.

27         10.  Provide for nondiscriminatory employment

28  opportunities.

29         11.  Provide quality child day care for public

30  assistance families and others who need it in order to work.

31

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  1         12.  Encourage the development of a business climate

  2  that provides opportunities for the growth and expansion of

  3  existing state industries, particularly those industries which

  4  are compatible with Florida's environment.

  5         13.  Promote coordination among Florida's ports to

  6  increase their utilization.

  7         14.  Encourage the full utilization by businesses of

  8  the economic development enhancement programs implemented by

  9  the Legislature for the purpose of extensively involving

10  private businesses in the development and expansion of

11  permanent job opportunities, especially for the economically

12  disadvantaged, through the utilization of enterprise zones,

13  community development corporations, and other programs

14  designed to enhance economic and employment opportunities.

15         (23)  AGRICULTURE.--

16         (a)  Goal.--Florida shall maintain and strive to expand

17  its food, agriculture, ornamental horticulture, aquaculture,

18  forestry, and related industries in order to be a healthy and

19  competitive force in the national and international

20  marketplace.

21         (b)  Policies.--

22         1.  Ensure that goals and policies contained in state

23  and regional plans are not interpreted to permanently restrict

24  the conversion of agricultural lands to other uses, while

25  creating and providing economically viable options for those

26  landowners who wish their lands to remain in agricultural

27  uses.

28         2.  Encourage diversification within the agriculture

29  industry, especially to reduce the vulnerability of

30  communities that are largely reliant upon agriculture for

31  either income or employment.

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  1         3.  Promote and increase international agricultural

  2  marketing opportunities for all Florida agricultural

  3  producers.

  4         4.  Stimulate research, development, and application of

  5  agricultural technology to promote and enhance the

  6  conservation, production, and marketing techniques available

  7  to the agriculture industry.

  8         5.  Encourage conservation, wastewater recycling, and

  9  other appropriate measures to assure adequate water resources

10  to meet agricultural and other beneficial needs.

11         6.  Promote entrepreneurship in the agricultural sector

12  by providing technical and informational services.

13         7.  Stimulate continued productivity through investment

14  in education and research.

15         8.  Encourage development of biological pest controls

16  to further the reduction in reliance on chemical controls.

17         9.  Conserve soil resources to maintain the economic

18  value of land for agricultural pursuits and to prevent

19  sedimentation in state waters.

20         10.  Promote the vitality of Florida's agricultural

21  industry through continued funding of basic research,

22  extension, inspection, and analysis services and of programs

23  providing for marketing and technical assistance and the

24  control and eradication of diseases and infestations.

25         11.  Continue to promote the use of lands for

26  agricultural purposes by maintaining preferential property tax

27  treatment through the greenbelt law.

28         12.  Ensure that coordinated state planning of road,

29  rail, and waterborne transportation systems provides adequate

30  facilities for the economical transport of agricultural

31  products and supplies between producing areas and markets.

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  1         13.  Eliminate the discharge of inadequately treated

  2  wastewater and stormwater runoff into waters of the state.

  3         (24)  TOURISM.--

  4         (a)  Goal.--Florida will attract at least 55 million

  5  tourists annually by 1995 and shall support efforts by all

  6  areas of the state wishing to develop or expand

  7  tourist-related economies.

  8         (b)  Policies.--

  9         1.  Promote statewide tourism and support promotional

10  efforts in those parts of the state that desire to attract

11  visitors.

12         2.  Acquire and manage public lands to offer visitors

13  and residents increased outdoor experiences.

14         3.  Promote awareness of historic places and cultural

15  and historical activities.

16         4.  Develop a nature-and-heritage-based tourism

17  industry that meets growing public demand, protects the

18  state's natural and cultural resources, and contributes to

19  economic prosperity, especially in the state's rural

20  communities.

21         Section 4.  Paragraph (b) of subsection (2) of section

22  212.096, Florida Statutes, is amended to read:

23         212.096  Sales, rental, storage, use tax; enterprise

24  zone jobs credit against sales tax.--

25         (2)

26         (b)  The credit shall be computed as follows:

27         1.  Ten percent of the monthly wages paid in this state

28  to each new employee whose wages do not exceed $1,500 a month.

29  If no less than 20 percent of the employees of the business

30  are residents of an enterprise zone, excluding temporary and

31  part-time employees, the credit shall be computed as 15

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  1  percent of the monthly wages paid in this state to each new

  2  employee. If the business is located in an enterprise zone

  3  within the jurisdiction of a rural county or city as defined

  4  in s. 288.106, the credit must be computed as 15 percent of

  5  the actual monthly wages paid in this state to each new

  6  employee for a period of up to 12 consecutive months,

  7  regardless of the percentage of employees of the business

  8  residing in the enterprise zone, provided that the employees

  9  are residents of the county within which the rural enterprise

10  zone is located;

11         2.  Five percent of the first $1,500 of actual monthly

12  wages paid in this state for each new employee whose wages

13  exceed $1,500 a month; or

14         3.  Fifteen percent of the first $1,500 of actual

15  monthly wages paid in this state for each new employee who is

16  a WAGES Program participant pursuant to chapter 414.

17

18  For purposes of this paragraph, monthly wages shall be

19  computed as one-twelfth of the expected annual wages paid to

20  such employee. The amount paid as wages to a new employee is

21  the compensation paid to such employee that is subject to

22  unemployment tax. The credit shall be allowed for up to 12

23  consecutive months, beginning with the first tax return due

24  pursuant to s. 212.11 after approval by the department.

25         Section 5.  Paragraph (a) of subsection (1) of section

26  220.181, Florida Statutes, is amended to read:

27         220.181  Enterprise zone jobs credit.--

28         (1)(a)  Beginning July 1, 1995, there shall be allowed

29  a credit against the tax imposed by this chapter to any

30  business located in an enterprise zone which employs one or

31  more new employees. The credit shall be computed as follows:

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  1         1.  Ten percent of the actual monthly wages paid in

  2  this state to each new employee whose wages do not exceed

  3  $1,500 a month. If no less than 20 percent of the employees of

  4  the business are residents of an enterprise zone, excluding

  5  temporary and part-time employees, the credit shall be

  6  computed as 15 percent of the actual monthly wages paid in

  7  this state to each new employee, for a period of up to 12

  8  consecutive months. If the business is located in an

  9  enterprise zone within the jurisdiction of a rural county or

10  city as defined in s. 288.106, the credit must be computed as

11  15 percent of the actual monthly wages paid in this state to

12  each new employee, for a period of up to 12 consecutive

13  months, regardless of the percentage of employees of the

14  business residing in the enterprise zone, provided the

15  employees are residents of the county within which the rural

16  enterprise zone is located;

17         2.  Five percent of the first $1,500 of actual monthly

18  wages paid in this state for each new employee whose wages

19  exceed $1,500 a month; or

20         3.  Fifteen percent of the first $1,500 of actual

21  monthly wages paid in this state for each new employee who is

22  a WAGES Program participant pursuant to chapter 414.

23         Section 6.  Subsection (4) of section 290.0055, Florida

24  Statutes, is amended to read:

25         290.0055  Local nominating procedure.--

26         (4)  An area nominated by a county or municipality, or

27  a county and one or more municipalities together, for

28  designation as an enterprise zone shall be eligible for

29  designation under s. 290.0065 only if it meets the following

30  criteria:

31

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  1         (a)  The selected area does not exceed 20 square miles.

  2  The selected area must have a continuous boundary, or consist

  3  of not more than three noncontiguous parcels.

  4         (b)1.  The selected area does not exceed the following

  5  mileage limitation:

  6         2.  For communities having a total population of

  7  150,000 persons or more, the selected area shall not exceed 20

  8  square miles.

  9         3.  For communities having a total population of 50,000

10  persons or more but less than 150,000 persons, the selected

11  area shall not exceed 10 square miles.

12         4.  For communities having a total population of 20,000

13  persons or more but less than 50,000 persons, the selected

14  area shall not exceed 5 square miles.

15         5.  For communities having a total population of 7,500

16  persons or more but less than 20,000 persons, the selected

17  area shall not exceed 3 square miles.

18         6.  For communities having a total population of less

19  than 7,500 persons, the selected area shall not exceed 3

20  square miles.

21         7.  For communities within the jurisdiction of a rural

22  county or city as defined in s. 288.106, the selected area

23  must not exceed 15 square miles, regardless of total

24  population.

25         (c)  The selected area does not include any portion of

26  a central business district, as that term is used for purposes

27  of the most recent Census of Retail Trade, unless the poverty

28  rate for each census geographic block group in the district is

29  not less than 30 percent. This paragraph does not apply to any

30  area nominated in a county that has a population which is less

31  than 50,000.

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  1         (d)  The selected area suffers from pervasive poverty,

  2  unemployment, and general distress, as described and measured

  3  pursuant to s. 290.0058.

  4         Section 7.  Section 420.507, Florida Statutes, is

  5  amended to read:

  6         420.507  Powers of the corporation.--The corporation

  7  shall have all the powers necessary or convenient to carry out

  8  and effectuate the purposes and provisions of this part,

  9  including the following powers which are in addition to all

10  other powers granted by other provisions of this part:

11         (1)  To sue and be sued, to have a seal, to alter the

12  same at pleasure and to authorize the use of a facsimile

13  thereof, and to make and execute contracts and other

14  instruments necessary or convenient to the exercise of the

15  powers of the corporation.

16         (2)  To undertake and carry out studies and analyses of

17  housing needs within the state and ways of meeting those

18  needs.

19         (3)  To participate in federal housing assistance and

20  federal community development, insurance, and guarantee

21  programs and to agree and comply with any conditions attached

22  to federal financial assistance, including, without

23  limitation, the waiver of exemption from federal income

24  taxation on interest payable on its bonds, unless expressly

25  prohibited by this act.

26         (4)  To provide for the collection and payment of fees

27  and charges, regardless of method of payment, in connection

28  with its loans, commitments, and servicing, including, but not

29  limited to, reimbursement of costs of financing by the

30  corporation, service charges and insurance premiums as the

31  corporation shall determine to be reasonable and as shall be

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  1  approved by the corporation.  The fees and charges may be paid

  2  directly by the borrower to the insurer, lender, or servicing

  3  agent or may be deducted from the interest collected by such

  4  insurer, lender, or servicing agent.

  5         (5)  To acquire real and personal property or any

  6  interest therein when such acquisition is necessary or

  7  appropriate to protect any loan or to participate in any

  8  program in which the corporation has an interest; to sell,

  9  transfer, and convey any such property to a buyer without

10  regard to the provisions of chapters 253 and 270; and, in the

11  event that such sale, transfer, or conveyance cannot be

12  effected with reasonable promptness or at a reasonable price,

13  to lease such property for occupancy.

14         (6)  To borrow money through the issuance of bonds or

15  from the Federal Home Loan Bank or Rural Housing Services of

16  the United States Department of Agriculture for the purposes

17  provided in this part, to provide for and secure the payment

18  thereof, and to provide for the rights of the holders thereof.

19         (7)  To purchase bonds of the corporation out of any

20  funds or moneys of the corporation available therefor and to

21  hold, cancel, or resell such bonds.

22         (8)  To invest any funds held in reserves or sinking

23  funds, or any funds not required for immediate disbursement,

24  in such investments as may be authorized for trust funds under

25  s. 215.47 and in any authorized investments, provided such

26  investments will be made on behalf of the corporation by the

27  State Board of Administration or by another trustee appointed

28  for that purpose.

29         (9)  To set standards for residential housing financed

30  by the corporation under this chapter and to provide for

31  inspections to determine compliance with those standards.

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  1         (10)  To contract for and to accept gifts, grants,

  2  loans, or other aid from the United States Government or any

  3  person or corporation.

  4         (11)  To insure and procure insurance against any loss

  5  in connection with any bonds of the corporation and the

  6  corporation's operations or property, including without

  7  limitation:

  8         (a)  The repayment of any loans to mortgage lenders or

  9  mortgage loans.

10         (b)  Any project.

11         (c)  Any bonds of the corporation, in such amounts and

12  from such insurers, including the Federal Government, as it

13  may deem necessary or desirable, and to pay any premiums

14  therefor.

15         (12)  To make rules necessary to carry out the purposes

16  of this part and to exercise any power granted in this part

17  pursuant to the provisions of chapter 120.

18         (13)  To adopt rules necessary to carry out the

19  purposes of the state's rural policy under the Florida Rural

20  Heritage Act.

21         (14)(13)  To engage the services of private consultants

22  on a contract basis for rendering professional and technical

23  assistance and advice.

24         (15)(14)  To make additional conditions respecting the

25  grant of loans or mortgage loans pursuant to this part,

26  including, without limitation, the regulation of eligible

27  persons and the admission of tenants and other occupants or

28  users of projects and residential housing, and to enter into

29  regulatory and other agreements and contracts under the

30  provisions of this part.

31

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  1         (16)(15)  To institute any action or proceeding against

  2  any eligible person or sponsor receiving a loan or owning any

  3  residential housing financed under the provisions of this part

  4  in any court of competent jurisdiction to enforce the

  5  provisions of this part or the terms and provisions of any

  6  agreement or contract between the corporation and such person

  7  and, in connection with any such action or proceeding, to

  8  apply for and accept the appointment, by a court of competent

  9  jurisdiction, of a receiver to take over, manage, operate, and

10  maintain such residential housing.

11         (17)(16)  To procure or require the procurement of a

12  policy or policies of group life insurance or disability

13  insurance, or both, to insure repayment of mortgage loans for

14  residential housing in the event of the death or disability of

15  the eligible person or persons liable therefor, and to pay any

16  premiums therefor.

17         (18)(17)  To renegotiate any mortgage loan or any

18  purchase agreement with a borrower in default; to waive any

19  default or consent to the modification of the terms of any

20  mortgage loan or any purchase agreement; and to commence,

21  prosecute, and enforce a judgment in any action or proceeding

22  to protect or enforce any right conferred upon it by law,

23  mortgage loan, loan agreement or purchase agreement, contract,

24  or other agreement, including without limitation foreclosure

25  of the security interest on the property securing such a

26  mortgage loan; provided that any such action or proceeding

27  shall be brought in the name of the entity servicing the

28  mortgage loan on behalf of the corporation and not in the name

29  of the corporation, and in connection with any such

30  proceeding, to bid for and purchase the property or acquire or

31  take possession thereof and, in such event, complete,

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  1  administer, pay the principal of and interest on any

  2  obligations incurred in connection with the property and

  3  dispose of and otherwise deal with the property in such manner

  4  as the corporation may deem advisable to protect its interests

  5  therein.

  6         (19)(18)  To make and execute contracts for the

  7  administration, servicing, or collection of any mortgage loan

  8  or loan agreement or purchase agreement with a mortgage lender

  9  or servicing agent for the duration of the loan or agreement

10  and pay the reasonable value of services rendered to the

11  corporation pursuant to such contracts.  The fees and charges

12  for such services may be paid directly by the borrower to the

13  lender or servicing agent or may be deducted from the interest

14  collected by such lender or servicing agent.

15         (20)(19)  To fix, revise from time to time, charge, and

16  collect fees and other charges in connection with the making

17  of mortgage loans, the purchasing of mortgage loans, and any

18  other services rendered by the corporation.

19         (21)(20)  To make and execute agreements, contracts,

20  and other instruments necessary or convenient in the exercise

21  of the powers and functions of the corporation under this

22  part, including contracts with any person, firm, corporation,

23  local government, or other entity; and all local governments

24  established under the laws of the state are hereby authorized

25  to enter into and do all things necessary to perform such

26  contracts and otherwise cooperate with the corporation to

27  facilitate the accomplishment of the purposes of this part.

28         (22)(21)  Review all reverse mortgage provisions

29  proposed to be used by an individual lender or a consortium to

30  determine that such provisions are consistent with the

31  purposes and intent of this act.  If the corporation finds

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  1  that the provisions are consistent, it shall approve those

  2  provisions. If the corporation finds that the provisions are

  3  inconsistent, it shall state its objections and give the

  4  parties an opportunity to amend the provisions to overcome

  5  such objections.  In approving these provisions, the

  6  corporation must determine:

  7         (a)  That the mortgagee is either licensed pursuant to

  8  ss. 494.006-494.0077 or specifically exempt from ss.

  9  494.006-494.0077.

10         (b)  That the mortgagee has sufficient resources to

11  finance such mortgages.

12         (23)(22)  To develop and administer the State Apartment

13  Incentive Loan Program. In developing and administering that

14  program, the corporation may:

15         (a)  Make first, second, and other subordinated

16  mortgage loans including variable or fixed rate loans subject

17  to contingent interest.  The corporation shall make loans

18  exceeding 25 percent of project cost available only to

19  nonprofit organizations and public bodies which are able to

20  secure grants, donations of land, or contributions from other

21  sources and to projects meeting the criteria of subparagraph

22  1. Mortgage loans shall be made available at the following

23  rates of interest:

24         1.  Zero to 3 percent interest for sponsors of projects

25  that maintain an 80 percent occupancy of residents qualifying

26  as farmworkers as defined in s. 420.306(7) over the life of

27  the loan.

28         2.  Three to 9 percent interest for sponsors of

29  projects targeted at populations other than farmworkers.

30         (b)  Geographically and demographically target the

31  utilization of loans.

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  1         (c)  Underwrite credit, and reject projects which do

  2  not meet the established standards of the corporation.

  3         (d)  Negotiate with governing bodies within the state

  4  after a loan has been awarded to obtain local government

  5  contributions.

  6         (e)  Inspect any records of a sponsor at any time

  7  during the life of the loan or the agreed period for

  8  maintaining the provisions of s. 420.5087.

  9         (f)  Establish, by rule, the procedure for evaluating,

10  scoring, and competitively ranking all applications based on

11  the criteria set forth in s. 420.5087(6)(c); determining

12  actual loan amounts; making and servicing loans; and

13  exercising the powers authorized in this subsection.

14         (g)  Establish a loan loss insurance reserve to be used

15  to protect the outstanding program investment in case of a

16  default, deed in lieu of foreclosure, or foreclosure of a

17  program loan.

18         (24)(23)  To develop and administer the Florida

19  Homeownership Assistance Program.  In developing and

20  administering the program, the corporation may:

21         (a)1.  Make subordinated loans to eligible borrowers

22  for down payments or closing costs related to the purchase of

23  the borrower's primary residence.

24         2.  Make permanent loans to eligible borrowers related

25  to the purchase of the borrower's primary residence.

26         3.  Make subordinated loans to nonprofit sponsors or

27  developers of housing for construction financing of housing to

28  be offered for sale to eligible borrowers as a primary

29  residence at an affordable price.

30

31

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  1         (b)  Establish a loan loss insurance reserve to

  2  supplement existing sources of mortgage insurance with

  3  appropriated funds.

  4         (c)  Geographically and demographically target the

  5  utilization of loans.

  6         (d)  Defer repayment of loans for the term of the first

  7  mortgage.

  8         (e)  Establish flexible terms for loans with an

  9  interest rate not to exceed 3 percent per annum and which are

10  nonamortizing for the term of the first mortgage.

11         (f)  Require repayment of loans upon sale, transfer,

12  refinancing, or rental of secured property.

13         (g)  Accelerate a loan for monetary default, for

14  failure to provide the benefits of the loans to eligible

15  borrowers, or for violation of any other restriction placed

16  upon the loan.

17         (h)  Adopt rules for the program and exercise the

18  powers authorized in this subsection.

19         (25)(24)  To do any and all things necessary or

20  convenient to carry out the purposes of, and exercise the

21  powers given and granted in, this part and the state rural

22  policy under the Florida Rural Heritage Act.

23         (26)(25)  To develop and administer the Florida

24  Affordable Housing Guarantee Program.  In developing and

25  administering the program, the corporation may:

26         (a)  Develop criteria for determining the priority for

27  expending the moneys in the State Housing Trust Fund.

28         (b)  Select affordable housing debt to be guaranteed or

29  additionally secured by amounts on deposit in the Affordable

30  Housing Guarantee Fund.

31

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  1         (c)  Adopt rules for the program and exercise the

  2  powers authorized in this subsection.

  3         (27)(26)  To develop and administer the Predevelopment

  4  Loan Program. In developing and administering the program, the

  5  corporation may make loans and grants as provided in ss.

  6  420.521-420.529.

  7         (28)(27)  Notwithstanding the provisions of chapter 282

  8  and part I of chapter 287, to establish guidelines for and to

  9  implement the purchase and procurement of materials and

10  services for use by the corporation.

11         (29)(28)  To expend amounts advanced from the State

12  Housing Trust Fund for the purposes of this part.

13         (30)(29)  To own real and personal property for the

14  purposes of this part, to mortgage such property, and to sell

15  the property without regard to the provisions of chapters 253

16  and 270.

17         (31)(30)  To prepare and submit to the secretary of the

18  department a budget request for purposes of the corporation,

19  which request shall, notwithstanding the provisions of chapter

20  216 and in accordance with s. 216.351, contain a request for

21  operational expenditures and separate requests for other

22  authorized corporation programs. The request shall not be

23  required to contain information on the number of employees,

24  salaries, or any classification thereof, and the approved

25  operating budget therefor need not comply with s.

26  216.181(7)-(9). The secretary is authorized to include within

27  the department's budget request the corporation's budget

28  request in the form as authorized by this section.

29         (32)(31)  Notwithstanding the provisions of s. 216.301,

30  to retain any unused operational expenditure appropriation for

31  other lawful purposes of the corporation.

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  1         (33)(32)  To pay pensions and establish pension plans,

  2  pension trusts, and benefit and incentive plans for any and

  3  all of its current or former employees and agents.

  4         (34)(33)  To receive federal funding in connection with

  5  the corporation's programs directly from the Federal

  6  Government.

  7         (35)(34)  To establish the corporation's fiscal year.

  8         (36)(35)  To preclude from further participation in any

  9  of the corporation's programs, for a period of up to 2 years,

10  any applicant or affiliate of an applicant which has made a

11  material misrepresentation or engaged in fraudulent actions in

12  connection with any application for a corporation program.

13         (37)(36)  To provide for the development of

14  infrastructure improvements and rehabilitation primarily in

15  connection with residential housing consistent with the

16  applicable local government comprehensive plan.

17         Section 8.  The sum of $10 million is appropriated from

18  the General Revenue Fund for implementation of the Florida

19  Rural Heritage Act as follows: $7,550,000 to the Department of

20  Community Affairs to fund the Rural Heritage Grant Program; $1

21  million to the Office of Tourism, Trade, and Economic

22  Development to create a revolving loan fund to finance the

23  Nature-and-Heritage-Based Tourism Enterprise Micro-loan

24  Program; $800,000 to the Department of Agriculture to

25  implement the agricultural diversification pilot projects;

26  $600,000 to the Department of Management Services to implement

27  the education technology pilot projects; and $50,000 to the

28  Rural Economic Development Initiative to fund the update of

29  the Rural Resource Directory and the provision of technical

30  assistance required by this act during the 2000-2001 fiscal

31  year.

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  1         Section 9.  This act shall take effect July 1, 2000.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                             SB 1934

  5

  6  This committee substitute differs from Senate Bill 1934 by
    making multiple technical and clarifying changes that do not
  7  affect the essential substance of the legislation.

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