House Bill 1951c1
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Florida House of Representatives - 2000 CS/HB 1951
By the Committee on Education Innovation and
Representatives Spratt and Melvin
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. 163.3177, F.S.; providing that an
27 agricultural land use category may be eligible
28 for the location of public schools in a local
29 government comprehensive plan under certain
30 conditions; specifying lands that are suitable
31 for innovative planning and development
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1 strategies; requiring a report on a program for
2 implementing such strategies; prohibiting
3 reduction in residential density on certain
4 property without the owner's consent until July
5 1, 2001; amending s. 163.06, F.S.; correcting a
6 reference; amending s. 163.3187, F.S.;
7 providing conditions for adoption of local
8 comprehensive plans for rural activity centers;
9 amending s. 187.201, F.S.; modifying goals of
10 the State Comprehensive Plan to include housing
11 for specified persons in rural areas and
12 development of nature-based tourism; providing
13 a policy of fostering integrated and
14 coordinated community planning efforts;
15 providing support for rural communities in
16 developing nature-and-heritage-based tourism
17 enterprises; providing support for landowners
18 who wish their lands to remain in agricultural
19 use; amending s. 212.096, F.S.; providing a
20 credit against sales tax for businesses located
21 in an enterprise zone within a rural county or
22 city as defined; amending s. 220.181, F.S.;
23 providing enterprise zone jobs credits for
24 businesses within jurisdiction of a rural local
25 government; amending s. 290.0055, F.S.;
26 providing a condition for communities within
27 the jurisdiction of a rural local government to
28 be designated as an enterprise zone; amending
29 s. 420.507, F.S.; modifying powers of the
30 Florida Housing Finance Corporation; amending
31 ss. 420.5087 and 420.5088, F.S.; correcting
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1 cross references; providing an appropriation;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Florida Rural Heritage Act.--
7 (1) SHORT TITLE.--This section may be cited as the
8 "Florida Rural Heritage Act."
9 (2) FINDINGS.--The Legislature finds that:
10 (a) Fiscally and culturally strong rural communities
11 are beneficial to regional and state economies and resources;
12 are a method for reduction of future urban sprawl; encourage
13 compact, efficient urban growth patterns; and should be
14 promoted by state, regional, and local governments.
15 (b) The health and vibrancy of the state's rural areas
16 benefit their respective regions and the state; conversely,
17 the deterioration of those rural areas negatively impacts the
18 surrounding area and the state.
19 (c) In recognition of the interwoven nature of the
20 relationships among rural communities, agricultural lands,
21 open space lands, urban centers, regions, and the state, the
22 respective governments should establish a framework and work
23 in partnership with communities and the private sector to
24 revitalize rural areas.
25 (d) A state rural policy should guide the state,
26 regional agencies, local governments, and the private sector
27 in creating economic prosperity and preserving the unique
28 rural character and heritage of the state's rural areas. The
29 policy should encourage and assist local governments in
30 addressing issues including adequate provision of
31 infrastructure, affordable housing, human services, safe
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1 neighborhoods, agricultural profitability, educational
2 facilities, sound land uses, health care, and economic
3 diversification and development to sustain rural communities
4 into the future.
5 (e) Successfully revitalizing and sustaining rural
6 areas depends on addressing, through an integrated and
7 coordinated community effort, a range of varied components
8 essential to a healthy rural environment, including cultural,
9 educational, recreational, economic, transportation, land use,
10 information technology, and social service delivery
11 components.
12 (f) Identification of rural activity centers and of
13 strategies to promote economic prosperity while protecting
14 rural character are recognized as important components and
15 useful mechanisms to promote and sustain rural areas. State
16 and regional entities and local governments should provide
17 incentives to promote community-based processes to identify
18 such centers and strategies. Existing programs and incentives
19 should be integrated to the extent possible to promote sound
20 rural development and to achieve the goals of the state rural
21 policy.
22 (g) Full funding for rural transportation and water
23 infrastructure needs, rural schools, health care services, and
24 information technology are important investments by the state
25 in the overall health of its rural communities, and are
26 integral components of a state rural policy.
27 (h) Many rural local governments are hindered by
28 limited staff and capacity in their efforts to secure
29 available resources. A state rural policy should assist local
30 governments in identifying and accessing needed resources for
31 which they are eligible, and should promote creative ways to
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1 maximize the efficiency of rural local governments' existing
2 staff and other resources.
3 (i) Agriculture plays an integral role in the economy,
4 ecology, and culture of the state's rural areas and of the
5 state as a whole. At the same time, the state is losing
6 agricultural lands to development at a rapid rate. A state
7 rural policy should assist state agencies and local
8 governments in creating and marketing tools for increasing the
9 profitability of agricultural land uses and other incentives
10 for conserving the state's agricultural lands.
11 (j) In recognition that approximately one-half of all
12 visitors to this state include a nature-based experience in
13 their vacations, a state rural policy should encourage the
14 development of a nature-and-heritage-based tourism industry
15 that meets this growing public demand, protects the state's
16 natural and cultural resources, and contributes to economic
17 prosperity, especially in the state's rural communities.
18 (3) DEFINITIONS.--As used in this section, the term:
19 (a) "Local government" means any county or
20 municipality.
21 (b) "Rural Activity Center" means an area or areas
22 designated by a local government where:
23 1. The area is located within a Rural Heritage Area.
24 2. Public services such as water and wastewater,
25 transportation infrastructure, schools, and recreation are
26 already available or are scheduled to be provided in an
27 adopted 5-year schedule of capital improvements, and the area
28 has historically served as a commercial business center or
29 site of public buildings for surrounding rural residents.
30 3. The area may consist of or include state community
31 redevelopment areas, brownfields, enterprise zones, or
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1 Mainstreet programs, federal Empowerment Zones, Enterprise
2 Communities, Champion Communities, or Brownfield Showcase
3 Communities.
4 4. The area of the Rural Activity Center constitutes
5 no more than 25 percent of the designated Rural Heritage Area
6 within which it exists. The Rural Activity Center will serve
7 and be developed as a "town center," promoting compact,
8 efficient development within the Rural Activity Center, and
9 allowing lower density development that retains rural
10 character within the remaining portions of the designated
11 Rural Heritage Area.
12 (c) "Rural Heritage Area" means an area or areas
13 designated by a local government, or local governments through
14 interlocal agreement, where:
15 1. More than 50 percent of the land within the
16 designated area is in agricultural, open space, recreational,
17 or other non-developed uses;
18 2. The designated area fits the definition of, or
19 falls within an area that fits the definition of, a rural
20 county, rural city, or rural community as defined in section
21 288.106, Florida Statutes;
22 3. A majority of populated portions of the area are
23 characterized by pervasive poverty, unemployment, and general
24 distress as defined in section 290.0058, Florida Statutes;
25 4. The area may comprise a single rural county as
26 defined in section 288.106, Florida Statutes, a multi-county
27 area, or a sub-county area that is rural in nature and meets
28 the above land use, demographic, economic, and definitional
29 criteria. If a sub-county area, it may comprise one or more
30 rural municipalities, as defined in section 288.106, Florida
31 Statutes, and may include unincorporated areas between or
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1 surrounding the rural municipalities provided that all parts
2 of the designated area meet the above criteria.
3 (4) DESIGNATION OF A RURAL HERITAGE AREA.--
4 (a) A local government, or local governments through
5 interlocal agreement, may designate a geographic area or areas
6 within the applicable jurisdiction as a Rural Heritage Area
7 for the purpose of convening a community-based holistic
8 planning process to identify community problems and assets,
9 create a vision for the area's future, and formulate a
10 strategic plan for implementing asset-based solutions to the
11 problems identified.
12 (b) A local government, or local governments through
13 interlocal agreement, may designate a geographic area or areas
14 within the applicable jurisdiction and within a designated
15 Rural Heritage Area as a Rural Activity Center for the purpose
16 of targeting economic development, job creation, housing,
17 transportation and other infrastructure, neighborhood
18 revitalization and preservation, the promotion of rural land
19 preservation, and the employment of land use incentives to
20 encourage mixed-use development that will revitalize the Rural
21 Activity Center area as a functioning downtown that can serve
22 residents of surrounding rural areas.
23 (5) COMMUNITY-BASED PLANNING PROCESS.--
24 (a) As part of the designation of the Rural Heritage
25 Area and the preparation of a Rural Heritage Area plan, a
26 community participation process must be implemented in each
27 proposed Rural Heritage Area. The process must involve
28 stakeholders including, but not limited to, community-based
29 organizations; neighborhood associations; educational, health
30 care, and religious organizations; area residents, including
31 low-income residents; appropriate local government
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1 representatives; local school boards; and, when appropriate,
2 institutions of higher education.
3 (b) The objective of the community participation
4 process is to produce an integrated plan that benefits the
5 community as a whole, and to encourage residents within the
6 designated area to participate in the design and
7 implementation of the Rural Heritage Area plan, including the
8 visioning of the area's future, before prioritizing and
9 optimizing scarce resources. The planning process must be
10 collaborative and holistic and must address, at a minimum,
11 economic development including the nature-and-heritage-based
12 tourism industry, land use, affordable housing,
13 infrastructure, education, health care, public safety,
14 financial capacity, both public and private, information
15 technology, workforce development, ecological conservation,
16 social equity, the role of agriculture in the local economy if
17 applicable, and the role of local government.
18 (c) In lieu of preparing a new plan, the local
19 government may demonstrate that an existing plan or
20 combination of plans includes the factors listed in paragraph
21 (d), or amend such existing plans to include the factors
22 listed in paragraph (d), including the community-based
23 planning process. If the area constitutes or contains a
24 federally designated Empowerment Zone, Enterprise Community,
25 or Champion Community, the plan and planning process done in
26 application for that designation will serve to meet the
27 requirements of the community-based planning process, and will
28 allow the community to apply for implementation grants under
29 the Rural Heritage Grant program that are based on such plan.
30 (d) A local government seeking to designate a
31 geographic area as a Rural Heritage Area shall propose a plan
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1 that describes means of promoting economic prosperity and
2 preserving the unique rural character of the area. The plan
3 must demonstrate the local government's and community's
4 commitment to comprehensively addressing the problems within
5 the Rural Heritage Area and identify activities, programs, and
6 resources that can help accomplish locally identified goals
7 such as improved educational opportunities; economic
8 diversification and development; the future of agricultural
9 land uses in the planning area; provision of infrastructure
10 needs, including information technology infrastructure;
11 prioritizing, pooling, and leveraging scarce resources; and
12 mixed-use planning for Rural Activity Centers to improve both
13 the residential and commercial quality of life in the area.
14 The plan must also:
15 1. Contain a map depicting the Rural Heritage Area or
16 areas, and Rural Activity Center if applicable, to be included
17 within the designation.
18 2. Contain interlocal agreements, as appropriate,
19 among participating local governments and any regional or
20 nonprofit organizations which express the entities' commitment
21 to collectively designating the area and to coordinated
22 implementation efforts based on the plan.
23 3. Identify any existing enterprise zones, community
24 redevelopment areas, community development districts,
25 brownfield areas, downtown redevelopment districts, safe
26 neighborhood improvement districts, historic preservation
27 districts, and empowerment zones located within the area
28 proposed for designation.
29 4. Identify a memorandum of understanding between the
30 district school board and the local government jurisdiction
31 regarding public school facilities located within the Rural
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1 Heritage Area to identify how the school board will enhance
2 public school facilities and programs in the designated area.
3 5. Explain how projects identified in the plan forward
4 the goals of creating economic prosperity for area residents
5 and preserving the rural character and heritage of the
6 planning area. Projects may include land acquisition;
7 demolition, construction, or renovation of structures;
8 purchase of conservation easements or development rights on
9 agricultural, conservation or recreational lands; job-training
10 programs; investments in educational technologies; capacity
11 building through existing or new nonprofit organizations;
12 creation, enhancement, or marketing of nature, agricultural,
13 or heritage-based tourism or recreational facilities; or
14 improvement of the delivery of health care services to rural
15 residents.
16 6. Identify the geographic locations for projects
17 identified through the community participation process and
18 explain how such projects will be implemented.
19 7. Identify how the local government intends to
20 implement and enhance affordable housing programs as defined
21 in section 420.602, Florida Statutes, including economic and
22 community development programs administered by the Department
23 of Community Affairs and the Florida Housing Finance
24 Corporation within the Rural Heritage Area.
25 8. If applicable, provide guidelines for the adoption
26 of land development regulations specific to the Rural Heritage
27 Area which provide for the use or purchase of conservation
28 easements, purchase or transfer of development rights, or the
29 use of other means available to local governments under
30 section 704.06, Florida Statutes, for the purpose of
31 preserving agricultural lands.
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1 9. If applicable, identify and adopt a package of
2 financial and local government incentives which the local
3 government will offer for new development, expansion or
4 renovation of existing development, and redevelopment within
5 any designated Rural Activity Center. Examples of such
6 incentives include:
7 a. Waiver of license and permit fees.
8 b. Waiver of delinquent taxes or fees to promote the
9 return of property to productive use.
10 c. Expedited permitting.
11 d. Prioritization of infrastructure spending within
12 the Rural Heritage Area and Rural Activity Center.
13 10. Identify how activities and incentives within the
14 Rural Heritage Area or Rural Activity Center will be
15 coordinated and what administrative mechanism the local
16 government will use for the coordination and monitoring of
17 Rural Heritage Area plan implementation.
18 11. Provide a list of stakeholders participating in
19 the community planning process, consistent with the list
20 provided in paragraph (a).
21 12. Identify goals, objectives, performance measures,
22 and baseline data on conditions to evaluate the success of the
23 local government, community-based organizations, and other
24 stakeholders in implementing the Rural Heritage Area plan and
25 in improving economic prosperity and preserving rural
26 character.
27 (e) The regional planning council covering the
28 geographic location of the Rural Heritage Area, or other
29 appropriate nonprofit, university-based, or for-profit
30 organizations, may assist the local government in convening
31 the community-based planning process and in preparing the
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1 Rural Heritage Area plan provided that the process and
2 resulting plan meet all other requirements as described in
3 this section.
4 (f) After the preparation of a Rural Heritage Area
5 plan or the designation of an existing plan, the local
6 government must adopt the plan by ordinance. Notice for the
7 public hearing on the ordinance must be in the form
8 established in section 166.041(3)(c)2., Florida Statutes, for
9 municipalities and section 125.66(4)(b)2., Florida Statutes,
10 for counties.
11 (g) For a local government to designate a Rural
12 Heritage Area or Rural Activity Center, it must amend its
13 comprehensive land use plan under section 163.3187, Florida
14 Statutes, to delineate the Rural Heritage Area within the
15 future land use element of its comprehensive plan. An
16 amendment to the local comprehensive plan to designate a Rural
17 Heritage Area or Rural Activity Center is exempt from the
18 twice-a-year amendment limitation of section 163.3187, Florida
19 Statutes.
20 (6) ECONOMIC INCENTIVES; REPORTS; TECHNICAL
21 ASSISTANCE.--
22 (a) A local government with an adopted Rural Heritage
23 Area plan or a plan employed in lieu thereof may issue revenue
24 bonds under section 163.385, Florida Statutes, and employ tax
25 increment financing under section 163.387, Florida Statutes,
26 for the purpose of financing the implementation of the plan as
27 appropriate, particularly within designated Rural Activity
28 Centers.
29 (b) A local government with an adopted Rural Heritage
30 Area plan or a plan employed in lieu thereof may exercise the
31 powers granted under section 163.514, Florida Statutes, for
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1 community redevelopment neighborhood improvement districts,
2 including the authority to levy special assessments as
3 appropriate, particularly within designated Rural Activity
4 Centers.
5 (c) State agencies that provide funding for
6 infrastructure, cost-reimbursement, grants, or loans to local
7 governments, including the Department of Environmental
8 Protection (Clean Water State Revolving Fund, Drinking Water
9 Revolving Loan Trust Fund, and the State of Florida Pollution
10 Control Bond Program); the Department of Community Affairs
11 (Economic Development and Housing Program, Florida Communities
12 Trust); the Florida Housing Finance Corporation; and the
13 Department of Transportation, shall report to the President of
14 the Senate and the Speaker of the House Representatives by
15 January 1, 2001, regarding statutory and rule changes
16 necessary to give Rural Heritage Areas identified by local
17 governments that have completed the community-based planning
18 process an elevated priority in infrastructure funding, loan,
19 and grant programs.
20 (d) State agencies that provide funding to local
21 governments shall identify grant programs for which local
22 government cash match requirements will be waived or replaced
23 by in-kind match, which can include the creation of a
24 permanent Resource Development staff position within the local
25 government to work on accessing a variety of grants, and loan
26 programs for which repayment will be forgiven, for rural local
27 government applicants that have successfully completed the
28 Rural Heritage Area grant program community planning process.
29 Agencies shall report to the President of the Senate and the
30 Speaker of the House of Representatives by September 1, 2000,
31
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1 on programs identified, statutory or rule changes needed, and
2 cost of implementation.
3 (e) The Rural Economic Development Initiative (REDI),
4 as described in section 288.0656, Florida Statutes, shall work
5 with state agencies and other organizations that provide
6 loans, grants, or technical assistance of any kind to the
7 state's rural communities, to update, maintain, and distribute
8 semiannually to every rural county and city government as
9 defined in section 288.106, Florida Statutes, the Rural
10 Resource Directory, which describes resources, including
11 federal resources, which are available to rural local
12 governments and how to access them. The publication must
13 include statutory provisions that enable local governments to
14 raise or direct revenues toward the goals of promoting
15 economic prosperity while preserving rural character. To the
16 extent possible, REDI shall provide, or shall work through the
17 regional planning councils, the Small County Technical
18 Assistance Program, the Local Government Financial Technical
19 Assistance Program, the State University System, or other
20 relevant organizations to provide, technical assistance to all
21 rural local governments to access these resources.
22 (f) Provision by REDI or other organizations
23 identified in paragraph (e) of technical assistance in
24 accessing available resources as described in paragraph (e) is
25 an automatic result of successful completion of the Rural
26 Heritage Area community planning process.
27 (g) REDI shall work with the Florida State Rural
28 Development Council and state agencies to develop a simple,
29 uniform grant application form for use by local government
30 grant applicants. To the extent feasible, such a uniform
31 application process should incorporate the sharing of known
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1 information about local governments among state government
2 agencies in order to maximize the efficiency of local
3 governments' efforts to secure available resources. The
4 uniform grant application must be adopted for use by state
5 agencies by July 1, 2001.
6 (7) GRANT PROGRAM.--
7 (a) A Rural Heritage Grant Program is created to
8 assist local governments in adopting Rural Heritage Areas,
9 completing the community-based planning process, and
10 implementing elements of the resulting Rural Heritage Area
11 plan.
12 (b) Forty-five percent of the general revenue
13 appropriated for the Rural Heritage Grant Program must be
14 available for conducting the community-based planning process
15 and completing the Rural Heritage Area plans. Forty-nine
16 percent of the general revenue appropriated for the Rural
17 Heritage Grant Program must be available for implementing
18 projects that are identified in the local government's adopted
19 Rural Heritage Area plan or a plan employed in lieu thereof. A
20 local government may allocate grant money to special
21 districts, including community redevelopment agencies and
22 nonprofit community development organizations, to implement
23 projects consistent with an adopted Rural Heritage Area plan
24 or a plan employed in lieu thereof. Five percent of the
25 revenue must be made available for "seed money" grants of not
26 more than $10,000 to assist local governments to begin the
27 process of identifying Rural Heritage Areas, assembling a core
28 group of community-based participants, and applying for
29 planning grants. The remaining 1 percent must be made
30 available for administrative costs incurred by the Department
31 of Community Affairs for implementing the Rural Heritage Grant
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1 Program and the Urban Infill and Redevelopment Assistance
2 Grant Program. Projects that provide employment opportunities
3 to clients of the WAGES Program must be given an elevated
4 priority in the scoring of competing grant applications. To
5 encourage rural-urban partnerships and regional planning,
6 grant applications may be made, and grant moneys may be used,
7 in regional or partnership projects with communities eligible
8 to participate in the Urban Infill and Redevelopment
9 Assistance Grant Program. The Division of Housing and
10 Community Development of the Department of Community Affairs
11 shall administer the grant program.
12 (c) The Department of Community Affairs, in
13 consultation with REDI, shall adopt rules establishing grant
14 review criteria consistent with this section.
15 (d) If the local government fails to implement
16 sections of the Rural Heritage Area plan funded through a
17 Rural Heritage Area implementation grant pursuant to the
18 deadlines specified in the grant agreement, the Department of
19 Community Affairs, in consultation with REDI, may seek to
20 rescind the economic and regulatory incentives granted to a
21 Rural Heritage Area or Rural Activity Center, subject to the
22 provisions of chapter 120, Florida Statutes. The action to
23 rescind may be initiated 90 days after issuing a written
24 letter of warning to the local government.
25 (8) NATURE-AND-HERITAGE-BASED TOURISM BUSINESS
26 MICRO-LOAN PROGRAM.--The statewide advisory committee on
27 nature-and-heritage-based tourism, as established in section
28 288.1224, Florida Statutes, shall work with Enterprise
29 Florida, Inc., the Office of Tourism, Trade, and Economic
30 Development, VISIT FLORIDA, the Rural Economic Development
31 Initiative, the Florida Fish and Wildlife Conservation
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1 Commission, the Division of Recreation and Parks of the
2 Florida Department of Environmental Protection, and other
3 appropriate entities to develop a statewide micro-loan program
4 for the purpose of financing the creation and enhancement of
5 small businesses providing nature-based or heritage-based
6 tourism experiences. Examples include bicycle rentals, canoe
7 outfitters, and bed-and-breakfast facilities in proximity to
8 natural areas, and eco-tour operators and guides. Enterprise
9 Florida, Inc., shall administer the program as part of the
10 workplan under its contract with the Office of Tourism, Trade,
11 and Economic Development, as authorized under section 14.2015,
12 Florida Statutes, and shall provide low-interest loans of up
13 to $20,000 to microenterprises, as defined in section
14 288.9618, Florida Statutes. Enterprise Florida, Inc., shall
15 establish with funds appropriated for this purpose a revolving
16 loan fund to finance the nature-and-heritage tourism
17 enterprise micro-loan program. Two percent of allocated funds
18 may be used for administration of the program. The above-named
19 entities shall advise Enterprise Florida, Inc., regarding
20 micro-loan program design, eligibility criteria, eligible
21 uses, and terms of the loans. The micro-loan program shall
22 begin providing loans to eligible businesses by March 1, 2001.
23 Notwithstanding the provisions of section 216.301, Florida
24 Statutes, funds appropriated for this purpose are not subject
25 to reversion.
26 (9) EDUCATIONAL TECHNOLOGY PILOT PROGRAM.--
27 (a) The Department of Management Services, in
28 consultation with the Department of Education, the regional
29 consortium service organizations established under section
30 228.0857, Florida Statutes, and institutions of higher
31 education, shall establish two pilot projects in rural schools
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1 that use wireless or other technologies to provide interactive
2 learning opportunities and Internet access, in order to
3 illustrate ways to increase access to quality educational
4 resources in the state's rural areas. At least one of the
5 pilots must include linkages to existing information
6 technology systems in the pilot area, for example, to a public
7 library, a university, or a four-year or community college,
8 county or municipal government, health care facility, or
9 private business network. The purposes of the projects are to
10 illustrate ways to increase access to quality educational
11 resources in the state's rural areas, to leverage federal
12 funds available for bridging the "digital divide," to build on
13 existing applications to create community-based networks, and
14 to foster opportunities for innovative distribution of
15 existing funds.
16 (b) The Department of Management Services shall select
17 the rural schools or districts that will participate in the
18 pilot projects in consultation with the Department of
19 Education. The selection process shall be based on the
20 following criteria:
21 1. Consistency with the technology capability
22 thresholds in the state educational technology plan as
23 developed by the Department of Education pursuant to HB 975,
24 2000 Regular Session, or similar legislation;
25 2. Through evaluation of the school improvement plan,
26 demonstration of how the school or district will leverage
27 additional connectivity provided through the pilot project to
28 improve student achievement;
29 3. If the pilot project involves wireless technology,
30 demonstration of the school's or district's ability to
31
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1 effectively deploy wireless technology based on existing
2 infrastructure;
3 4. Demonstration of commitment of the leadership of
4 the school and district to use technology to improve teaching
5 and learning;
6 5. If the pilot project involves wireless technology,
7 potential cost savings or improved access resulting from the
8 use of wireless rather than traditional connectivity
9 technology;
10 6. The ability to use the technology infrastructure in
11 other local government applications within the service area;
12 and
13 7. Demonstration of willingness and ability of the
14 community to assume ongoing costs to maintain the pilot
15 project for a minimum 5-year period. Such willingness and
16 ability may be demonstrated through intracommunity agreements
17 or other means.
18 (c) The Department of Management Services, in
19 consultation with the Department of Education, shall annually
20 evaluate the pilot projects based upon consistency with the
21 Sunshine State Standards, as described in section 229.57,
22 Florida Statutes, with broader community-based standards as
23 appropriate, and with the state educational technology plan,
24 as developed and annually updated by the Department of
25 Education pursuant to HB 975, 2000 Regular Session, or similar
26 legislation.
27 (10) AGRICULTURAL CONSERVATION AND PROFITABILITY.--
28 (a) The Department of Agriculture and Consumer
29 Services, in consultation with the University of Florida and
30 the Florida Agricultural and Mechanical University, shall
31 establish four pilot projects aimed at encouraging
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1 agricultural diversification throughout the state. Two of the
2 projects must introduce alternative crops, such as hot
3 peppers, amaranth, or pigeon peas, or alternative growing
4 techniques, for example, greenhouse vegetable production in
5 north Florida or early-season blueberries and peaches. At
6 least one of these two projects shall include a tobacco farm
7 that is being adversely impacted by reductions in tobacco
8 quotas. A third pilot project must introduce a value-added
9 activity or industry such as fruit or vegetable processing or
10 packaging into a farming community as a means of increasing
11 the profitability of current farm products for local growers.
12 The fourth pilot project should focus on aquaculture, such as
13 development of the state's sturgeon industry or the
14 development or expansion of coastal shellfish enterprises. The
15 purpose of the pilot projects is to demonstrate alternative
16 crops, techniques, and industries that can enhance the
17 profitability and sustainability of agriculture in Florida.
18 The Commissioner of Agriculture shall, in consultation with
19 the Agricultural Economic Development Project Review Committee
20 as described in section 570.248, Florida Statutes, select
21 pilot projects based on evaluation criteria for agricultural
22 economic development projects delineated in section 570.247,
23 Florida Statutes. The Commissioner of Agriculture shall report
24 annually to the Agricultural Economic Development Project
25 Review Committee on the progress of the pilot projects for the
26 duration of the projects based on performance measures
27 developed for each project consistent with sections 570.244,
28 570.246, and 570.247, Florida Statutes.
29 (b) As authorized in section 403.0752, Florida
30 Statutes, and based on results of current "whole farm
31 planning" pilot projects, the Florida Department of
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1 Environmental Protection shall work with willing partners to
2 streamline the permitting process for agricultural land uses.
3 (11) REVIEW AND EVALUATION.--The Office of Program
4 Policy Analysis and Government Accountability shall perform a
5 review and evaluation of the grant program and financial
6 incentives, including the educational technology pilot
7 program. The report must evaluate the effectiveness of the
8 designation of rural planning areas in promoting economic
9 prosperity and preserving rural character in the state's rural
10 areas. This report may be conducted in conjunction with a
11 review of the Urban Infill and Redevelopment Assistance Grant
12 Program. A report of the findings and recommendations of the
13 Office of Program Policy Analysis and Government
14 Accountability must be submitted to the President of the
15 Senate and the Speaker of the House of Representatives before
16 the 2005 Regular Session of the Legislature.
17 Section 2. Paragraph (a) of subsection (6) and
18 subsection (11) of section 163.3177, Florida Statutes, are
19 amended to read:
20 163.3177 Required and optional elements of
21 comprehensive plan; studies and surveys.--
22 (6) In addition to the requirements of subsections
23 (1)-(5), the comprehensive plan shall include the following
24 elements:
25 (a) A future land use plan element designating
26 proposed future general distribution, location, and extent of
27 the uses of land for residential uses, commercial uses,
28 industry, agriculture, recreation, conservation, education,
29 public buildings and grounds, other public facilities, and
30 other categories of the public and private uses of land. The
31 future land use plan shall include standards to be followed in
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1 the control and distribution of population densities and
2 building and structure intensities. The proposed
3 distribution, location, and extent of the various categories
4 of land use shall be shown on a land use map or map series
5 which shall be supplemented by goals, policies, and measurable
6 objectives. Each land use category shall be defined in terms
7 of the types of uses included and specific standards for the
8 density or intensity of use. The future land use plan shall
9 be based upon surveys, studies, and data regarding the area,
10 including the amount of land required to accommodate
11 anticipated growth; the projected population of the area; the
12 character of undeveloped land; the availability of public
13 services; the need for redevelopment, including the renewal of
14 blighted areas and the elimination of nonconforming uses which
15 are inconsistent with the character of the community; and, in
16 rural communities, the need for job creation, capital
17 investment, and economic development that will strengthen and
18 diversify the community's economy. The future land use plan
19 may designate areas for future planned development use
20 involving combinations of types of uses for which special
21 regulations may be necessary to ensure development in accord
22 with the principles and standards of the comprehensive plan
23 and this act. In addition, for rural communities, the amount
24 of land designated for future planned industrial use shall be
25 based upon surveys and studies that reflect the need for job
26 creation, capital investment, and the necessity to strengthen
27 and diversify the local economies, and shall not be limited
28 solely by the projected population of the rural community. The
29 future land use plan of a county may also designate areas for
30 possible future municipal incorporation. The land use maps or
31 map series shall generally identify and depict historic
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1 district boundaries and shall designate historically
2 significant properties meriting protection. The future land
3 use element must clearly identify the land use categories in
4 which public schools are an allowable use. When delineating
5 the land use categories in which public schools are an
6 allowable use, a local government shall include in the
7 categories sufficient land proximate to residential
8 development to meet the projected needs for schools in
9 coordination with public school boards and may establish
10 differing criteria for schools of different type or size. Each
11 local government shall include lands contiguous to existing
12 school sites, to the maximum extent possible, within the land
13 use categories in which public schools are an allowable use.
14 All comprehensive plans must comply with the school siting
15 requirements of this paragraph no later than October 1, 1999.
16 The failure by a local government to comply with these school
17 siting requirements by October 1, 1999, will result in the
18 prohibition of the local government's ability to amend the
19 local comprehensive plan, except for plan amendments described
20 in s. 163.3187(1)(b), until the school siting requirements are
21 met. An amendment proposed by a local government for purposes
22 of identifying the land use categories in which public schools
23 are an allowable use is exempt from the limitation on the
24 frequency of plan amendments contained in s. 163.3187. The
25 future land use element shall include criteria which encourage
26 the location of schools proximate to urban residential areas
27 to the extent possible and shall require that the local
28 government seek to collocate public facilities, such as parks,
29 libraries, and community centers, with schools to the extent
30 possible. For schools serving predominantly rural areas, an
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1 agricultural land use category may be eligible for the
2 location of public school facilities.
3 (11)(a) The Legislature recognizes the need for
4 innovative planning and development strategies which will
5 address the anticipated demands of continued urbanization of
6 Florida's coastal and other environmentally sensitive areas,
7 and which will accommodate the development of less populated
8 regions of the state which seek economic development and which
9 have suitable land and water resources to accommodate growth
10 in an environmentally acceptable manner. The Legislature
11 further recognizes the substantial advantages of innovative
12 approaches to development which may better serve to protect
13 environmentally sensitive areas, maintain the economic
14 viability of agricultural and other predominantly rural land
15 uses, and provide for the cost-efficient delivery of public
16 facilities and services.
17 (b) It is the intent of the Legislature that the local
18 government comprehensive plans and plan amendments adopted
19 pursuant to the provisions of this part provide for a planning
20 process which allows for land use efficiencies within existing
21 urban areas and which also allows for the conversion of rural
22 lands to other uses, where appropriate and consistent with the
23 other provisions of this part and the affected local
24 comprehensive plans, through the application of innovative and
25 flexible planning and development strategies and creative land
26 use planning techniques, which may include, but not be limited
27 to, urban villages, new towns, satellite communities,
28 area-based allocations, clustering and open space provisions,
29 mixed-use development, and sector planning.
30 (c) Lands classified in the future land use plan
31 element as agricultural, rural, open, open/rural, or a
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1 substantively equivalent land use shall also be deemed
2 suitable for innovative planning and development strategies
3 described in paragraphs (a) and (b) which are recognized as
4 methods for discouraging urban sprawl and which are consistent
5 with the provisions of the state comprehensive plan, regional
6 policy plans, and this part.
7 (d) The Department of Community Affairs, in
8 conjunction with the Department of Agriculture and Consumer
9 Services, shall, by no later than February 1, 2001, prepare
10 and submit to the Governor, the Speaker of the House of
11 Representatives, and the President of the Senate a report on a
12 program of planning incentives, economic incentives, and other
13 measures as may be necessary to facilitate the timely
14 implementation of innovative planning and development
15 strategies described in paragraphs (a), (b), and (c) while
16 protecting environmentally sensitive areas, maintaining the
17 economic viability of agriculture and other predominantly
18 rural land uses, and providing for the cost-efficient delivery
19 of public facilities and services. Such incentives and other
20 measures shall address the following:
21 1. "Smart growth" strategies within rural areas which
22 proactively address both the pressures of population growth
23 and the substantial need for rural economic development.
24 2. The importance of maintaining rural land values as
25 the cornerstone of maintaining a viable rural economy.
26 3. Expression of the contents of paragraphs (a), (b),
27 and (c) in the form of practical and easily understood
28 planning guidelines.
29 4. A rural lands stewardship program under which the
30 owners of rural property are encouraged to convey development
31 rights in exchange for smart growth development credits which
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1 are transferable to other rural areas in which innovative
2 development and strategies are applied as part of a pattern of
3 land use which protects environmentally sensitive areas,
4 maintains the economic viability of agriculture and other
5 predominantly rural land uses, and provides for the
6 cost-efficient delivery of public facilities and services.
7 5. Strategies and incentives to reward best management
8 practices for agricultural activities consistent with the
9 conservation and protection of environmentally sensitive areas
10 and sound water management practices.
11 6. The coordination of state transportation
12 facilities, including roadways, railways, and port facilities,
13 to provide for the transportation of agricultural products and
14 supplies.
15
16 It is intent of the Legislature that the program described in
17 this paragraph be created in a careful and considered manner,
18 and accordingly there shall be no reduction in residential
19 density, without the property owner's consent, on property
20 classified as agricultural, rural, open, open/rural, or a
21 substantially equivalent land use until July 1, 2001, in order
22 to provide for this study process and legislative
23 consideration thereof.
24 (e)(c) It is the further intent of the Legislature
25 that local government comprehensive plans and implementing
26 land development regulations shall provide strategies which
27 maximize the use of existing facilities and services through
28 redevelopment, urban infill development, and other strategies
29 for urban revitalization.
30
31
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1 (f)(d) The implementation of this subsection shall be
2 subject to the provisions of this chapter, chapters 186 and
3 187, and applicable agency rules.
4 (g)(e) The department shall implement the provisions
5 of this subsection by rule.
6 Section 3. Paragraph (g) of subsection (3) of section
7 163.06, Florida Statutes, is amended to read:
8 163.06 Miami River Commission.--
9 (3) The policy committee shall have the following
10 powers and duties:
11 (g) Coordinate a joint planning area agreement between
12 the Department of Community Affairs, the city, and the county
13 under the provisions of s. 163.3177(11)(a), (b), and (e)(c).
14 Section 4. Paragraphs (c) and (i) of subsection (1) of
15 section 163.3187, Florida Statutes, are amended to read:
16 163.3187 Amendment of adopted comprehensive plan.--
17 (1) Amendments to comprehensive plans adopted pursuant
18 to this part may be made not more than two times during any
19 calendar year, except:
20 (c) Any local government comprehensive plan amendments
21 directly related to proposed small scale development
22 activities may be approved without regard to statutory limits
23 on the frequency of consideration of amendments to the local
24 comprehensive plan. A small scale development amendment may
25 be adopted only under the following conditions:
26 1. The proposed amendment involves a use of 10 acres
27 or fewer and:
28 a. The cumulative annual effect of the acreage for all
29 small scale development amendments adopted by the local
30 government shall not exceed:
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1 (I) A maximum of 120 acres in a local government that
2 contains areas specifically designated in the local
3 comprehensive plan for urban infill, urban redevelopment, or
4 downtown revitalization as defined in s. 163.3164, urban
5 infill and redevelopment areas designated under s. 163.2517,
6 Rural Activity Centers designated under the Florida Rural
7 Heritage Act, transportation concurrency exception areas
8 approved pursuant to s. 163.3180(5), or regional activity
9 centers and urban central business districts approved pursuant
10 to s. 380.06(2)(e); however, amendments under this paragraph
11 may be applied to no more than 60 acres annually of property
12 outside the designated areas listed in this
13 sub-sub-subparagraph.
14 (II) A maximum of 80 acres in a local government that
15 does not contain any of the designated areas set forth in
16 sub-sub-subparagraph (I).
17 (III) A maximum of 120 acres in a county established
18 pursuant to s. 9, Art. VIII of the State Constitution.
19 b. The proposed amendment does not involve the same
20 property granted a change within the prior 12 months.
21 c. The proposed amendment does not involve the same
22 owner's property within 200 feet of property granted a change
23 within the prior 12 months.
24 d. The proposed amendment does not involve a text
25 change to the goals, policies, and objectives of the local
26 government's comprehensive plan, but only proposes a land use
27 change to the future land use map for a site-specific small
28 scale development activity.
29 e. The property that is the subject of the proposed
30 amendment is not located within an area of critical state
31 concern.
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1 f. If the proposed amendment involves a residential
2 land use, the residential land use has a density of 10 units
3 or less per acre, except that this limitation does not apply
4 to small scale amendments described in sub-sub-subparagraph
5 a.(I) that are designated in the local comprehensive plan for
6 urban infill, urban redevelopment, or downtown revitalization
7 as defined in s. 163.3164, urban infill and redevelopment
8 areas designated under s. 163.2517, transportation concurrency
9 exception areas approved pursuant to s. 163.3180(5), or
10 regional activity centers and urban central business districts
11 approved pursuant to s. 380.06(2)(e), or Rural Activity
12 Centers designated under the Florida Rural Heritage Act.
13 2.a. A local government that proposes to consider a
14 plan amendment pursuant to this paragraph is not required to
15 comply with the procedures and public notice requirements of
16 s. 163.3184(15)(c) for such plan amendments if the local
17 government complies with the provisions in s. 125.66(4)(a) for
18 a county or in s. 166.041(3)(c) for a municipality. If a
19 request for a plan amendment under this paragraph is initiated
20 by other than the local government, public notice is required.
21 b. The local government shall send copies of the
22 notice and amendment to the state land planning agency, the
23 regional planning council, and any other person or entity
24 requesting a copy. This information shall also include a
25 statement identifying any property subject to the amendment
26 that is located within a coastal high hazard area as
27 identified in the local comprehensive plan.
28 3. Small scale development amendments adopted pursuant
29 to this paragraph require only one public hearing before the
30 governing board, which shall be an adoption hearing as
31 described in s. 163.3184(7), and are not subject to the
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1 requirements of s. 163.3184(3)-(6) unless the local government
2 elects to have them subject to those requirements.
3 (i) A comprehensive plan amendment for the purpose of
4 designating an urban infill and redevelopment area under s.
5 163.2517 or a Rural Heritage Area or Rural Activity Center
6 under the Florida Rural Heritage Act may be approved without
7 regard to the statutory limits on the frequency of amendments
8 to the comprehensive plan.
9 Section 5. Subsections (5), (10), (16), (22), (23),
10 and (24) of section 187.201, Florida Statutes, are amended to
11 read:
12 187.201 State Comprehensive Plan adopted.--The
13 Legislature hereby adopts as the State Comprehensive Plan the
14 following specific goals and policies:
15 (5) HOUSING.--
16 (a) Goal.--The public and private sectors shall
17 increase the affordability and availability of housing for
18 low-income and moderate-income persons, including citizens in
19 rural areas, while at the same time encouraging
20 self-sufficiency of the individual and assuring environmental
21 and structural quality and cost-effective operations.
22 (b) Policies.--
23 1. Eliminate public policies which result in housing
24 discrimination, and develop policies which encourage housing
25 opportunities for all Florida's citizens.
26 2. Diminish the use of institutions to house persons
27 by promoting deinstitutionalization to the maximum extent
28 possible.
29 3. Increase the supply of safe, affordable, and
30 sanitary housing for low-income and moderate-income persons
31 and elderly persons by alleviating housing shortages,
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1 recycling older houses and redeveloping residential
2 neighborhoods, identifying housing needs, providing incentives
3 to the private sector to build affordable housing, encouraging
4 public-private partnerships to maximize the creation of
5 affordable housing, and encouraging research into low-cost
6 housing construction techniques, considering life-cycle
7 operating costs.
8 4. Reduce the cost of housing construction by
9 eliminating unnecessary regulatory practices which add to the
10 cost of housing.
11 5. Provide incentives and encourage research to
12 increase the supply of safe, affordable, and sanitary housing
13 for low, very low, and moderate income residents of rural
14 areas, as defined in s. 420.602. Such incentives and research
15 must take into account the importance of development that
16 preserves the rural character of the area, and seek to
17 mitigate the increased per-unit cost of small housing projects
18 appropriate to rural areas over the per-unit cost for larger
19 developments.
20 (10) NATURAL SYSTEMS AND RECREATIONAL LANDS.--
21 (a) Goal.--Florida shall protect and acquire unique
22 natural habitats and ecological systems, such as wetlands,
23 tropical hardwood hammocks, palm hammocks, and virgin longleaf
24 pine forests, and restore degraded natural systems to a
25 functional condition.
26 (b) Policies.--
27 1. Conserve forests, wetlands, fish, marine life, and
28 wildlife to maintain their environmental, economic, aesthetic,
29 and recreational values.
30
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1 2. Acquire, retain, manage, and inventory public lands
2 to provide recreation, conservation, and related public
3 benefits.
4 3. Prohibit the destruction of endangered species and
5 protect their habitats.
6 4. Establish an integrated regulatory program to
7 assure the survival of endangered and threatened species
8 within the state.
9 5. Promote the use of agricultural practices which are
10 compatible with the protection of wildlife and natural
11 systems.
12 6. Encourage multiple use of forest resources, where
13 appropriate, to provide for timber production, recreation,
14 wildlife habitat, watershed protection, erosion control, and
15 maintenance of water quality.
16 7. Protect and restore the ecological functions of
17 wetlands systems to ensure their long-term environmental,
18 economic, and recreational value.
19 8. Promote restoration of the Everglades system and of
20 the hydrological and ecological functions of degraded or
21 substantially disrupted surface waters.
22 9. Develop and implement a comprehensive planning,
23 management, and acquisition program to ensure the integrity of
24 Florida's river systems.
25 10. Emphasize the acquisition and maintenance of
26 ecologically intact systems in all land and water planning,
27 management, and regulation.
28 11. Expand state and local efforts to provide
29 recreational opportunities to urban areas, including the
30 development of activity-based parks.
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1 12. Protect and expand park systems throughout the
2 state.
3 13. Encourage the use of public and private financial
4 and other resources for the development of recreational and
5 nature-based tourism opportunities at the state and local
6 levels when consistent with natural-system conservation
7 principles and practices.
8 (16) LAND USE.--
9 (a) Goal.--In recognition of the importance of
10 preserving the natural resources and enhancing the quality of
11 life of the state, development shall be directed to those
12 areas which have in place, or have agreements to provide, the
13 land and water resources, fiscal abilities, and service
14 capacity to accommodate growth in an environmentally
15 acceptable manner.
16 (b) Policies.--
17 1. Promote state programs, investments, and
18 development and redevelopment activities which encourage
19 efficient development and occur in areas which will have the
20 capacity to service new population and commerce.
21 2. Develop a system of incentives and disincentives
22 which encourages a separation of urban and rural land uses
23 while protecting water supplies, resource development, and
24 fish and wildlife habitats.
25 3. Enhance the livability and character of urban areas
26 through the encouragement of an attractive and functional mix
27 of living, working, shopping, and recreational activities.
28 4. Recognize the interwoven nature of the
29 relationships among rural communities, agricultural lands,
30 open space lands, urban centers, regions, and the state, and
31 the importance of fiscally and culturally strong rural
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1 communities to state and regional economies and resources.
2 Promote state and local programs that foster integrated and
3 coordinated community planning efforts. Pursue land use,
4 educational, recreational, economic, transportation, housing,
5 information technology, and social service delivery
6 initiatives in the context of community planning goals.
7 5.4. Develop a system of intergovernmental negotiation
8 for siting locally unpopular public and private land uses
9 which considers the area of population served, the impact on
10 land development patterns or important natural resources, and
11 the cost-effectiveness of service delivery.
12 6.5. Encourage and assist local governments in
13 establishing comprehensive impact-review procedures to
14 evaluate the effects of significant development activities in
15 their jurisdictions.
16 7.6. Consider, in land use planning and regulation,
17 the impact of land use on water quality and quantity; the
18 availability of land, water, and other natural resources to
19 meet demands; and the potential for flooding.
20 8.7. Provide educational programs and research to meet
21 state, regional, and local planning and growth-management
22 needs.
23 (22) THE ECONOMY.--
24 (a) Goal.--Florida shall promote an economic climate
25 which provides economic stability, maximizes job
26 opportunities, and increases per capita income for its
27 residents.
28 (b) Policies.--
29 1. Attract new job-producing industries, corporate
30 headquarters, distribution and service centers, regional
31
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1 offices, and research and development facilities to provide
2 quality employment for the residents of Florida.
3 2. Promote entrepreneurship and small and
4 minority-owned business startup by providing technical and
5 information resources, facilitating capital formation, and
6 removing regulatory restraints which are unnecessary for the
7 protection of consumers and society.
8 3. Maintain, as one of the state's primary economic
9 assets, the environment, including clean air and water,
10 beaches, forests, historic landmarks, and agricultural and
11 natural resources, and support rural communities in developing
12 nature-and-heritage-based tourism enterprises consistent with
13 conservation of these natural resources in order to provide
14 economic benefit to those living in closest proximity to those
15 assets.
16 4. Strengthen Florida's position in the world economy
17 through attracting foreign investment and promoting
18 international banking and trade.
19 5. Build on the state's attractiveness to make it a
20 leader in the visual and performing arts and in all phases of
21 film, television, and recording production.
22 6. Promote economic development for Florida residents
23 through partnerships among education, business, industry,
24 agriculture, and the arts.
25 7. Provide increased opportunities for training
26 Florida's workforce to provide skilled employees for new and
27 expanding business.
28 8. Promote economic self-sufficiency through training
29 and educational programs which result in productive
30 employment.
31
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1 9. Promote cooperative employment arrangements between
2 private employers and public sector employment efforts to
3 provide productive, permanent employment opportunities for
4 public assistance recipients through provisions of education
5 opportunities, tax incentives, and employment training.
6 10. Provide for nondiscriminatory employment
7 opportunities.
8 11. Provide quality child day care for public
9 assistance families and others who need it in order to work.
10 12. Encourage the development of a business climate
11 that provides opportunities for the growth and expansion of
12 existing state industries, particularly those industries which
13 are compatible with Florida's environment.
14 13. Promote coordination among Florida's ports to
15 increase their utilization.
16 14. Encourage the full utilization by businesses of
17 the economic development enhancement programs implemented by
18 the Legislature for the purpose of extensively involving
19 private businesses in the development and expansion of
20 permanent job opportunities, especially for the economically
21 disadvantaged, through the utilization of enterprise zones,
22 community development corporations, and other programs
23 designed to enhance economic and employment opportunities.
24 (23) AGRICULTURE.--
25 (a) Goal.--Florida shall maintain and strive to expand
26 its food, agriculture, ornamental horticulture, aquaculture,
27 forestry, and related industries in order to be a healthy and
28 competitive force in the national and international
29 marketplace.
30 (b) Policies.--
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1 1. Ensure that goals and policies contained in state
2 and regional plans are not interpreted to permanently restrict
3 the conversion of agricultural lands to other uses, while
4 creating and providing economically viable options for those
5 landowners who wish their lands to remain in agricultural
6 uses.
7 2. Encourage diversification within the agriculture
8 industry, especially to reduce the vulnerability of
9 communities that are largely reliant upon agriculture for
10 either income or employment.
11 3. Promote and increase international agricultural
12 marketing opportunities for all Florida agricultural
13 producers.
14 4. Stimulate research, development, and application of
15 agricultural technology to promote and enhance the
16 conservation, production, and marketing techniques available
17 to the agriculture industry.
18 5. Encourage conservation, wastewater recycling, and
19 other appropriate measures to assure adequate water resources
20 to meet agricultural and other beneficial needs.
21 6. Promote entrepreneurship in the agricultural sector
22 by providing technical and informational services.
23 7. Stimulate continued productivity through investment
24 in education and research.
25 8. Encourage development of biological pest controls
26 to further the reduction in reliance on chemical controls.
27 9. Conserve soil resources to maintain the economic
28 value of land for agricultural pursuits and to prevent
29 sedimentation in state waters.
30 10. Promote the vitality of Florida's agricultural
31 industry through continued funding of basic research,
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1 extension, inspection, and analysis services and of programs
2 providing for marketing and technical assistance and the
3 control and eradication of diseases and infestations.
4 11. Continue to promote the use of lands for
5 agricultural purposes by maintaining preferential property tax
6 treatment through the greenbelt law.
7 12. Ensure that coordinated state planning of road,
8 rail, and waterborne transportation systems provides adequate
9 facilities for the economical transport of agricultural
10 products and supplies between producing areas and markets.
11 13. Eliminate the discharge of inadequately treated
12 wastewater and stormwater runoff into waters of the state.
13 (24) TOURISM.--
14 (a) Goal.--Florida will attract at least 55 million
15 tourists annually by 1995 and shall support efforts by all
16 areas of the state wishing to develop or expand
17 tourist-related economies.
18 (b) Policies.--
19 1. Promote statewide tourism and support promotional
20 efforts in those parts of the state that desire to attract
21 visitors.
22 2. Acquire and manage public lands to offer visitors
23 and residents increased outdoor experiences.
24 3. Promote awareness of historic places and cultural
25 and historical activities.
26 4. Develop a nature-and-heritage-based tourism
27 industry that meets growing public demand, protects the
28 state's natural and cultural resources, and contributes to
29 economic prosperity, especially in the state's rural
30 communities.
31
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1 Section 6. Paragraph (b) of subsection (2) of section
2 212.096, Florida Statutes, is amended to read:
3 212.096 Sales, rental, storage, use tax; enterprise
4 zone jobs credit against sales tax.--
5 (2)
6 (b) The credit shall be computed as follows:
7 1. Ten percent of the monthly wages paid in this state
8 to each new employee whose wages do not exceed $1,500 a month.
9 If no less than 20 percent of the employees of the business
10 are residents of an enterprise zone, excluding temporary and
11 part-time employees, the credit shall be computed as 15
12 percent of the monthly wages paid in this state to each new
13 employee. If the business is located in an enterprise zone
14 within the jurisdiction of a rural county or city as defined
15 in s. 288.106, the credit must be computed as 15 percent of
16 the actual monthly wages paid in this state to each new
17 employee for a period of up to 12 consecutive months,
18 regardless of the percentage of employees of the business
19 residing in the enterprise zone, provided that the employees
20 are residents of the county within which the rural enterprise
21 zone is located;
22 2. Five percent of the first $1,500 of actual monthly
23 wages paid in this state for each new employee whose wages
24 exceed $1,500 a month; or
25 3. Fifteen percent of the first $1,500 of actual
26 monthly wages paid in this state for each new employee who is
27 a WAGES Program participant pursuant to chapter 414.
28
29 For purposes of this paragraph, monthly wages shall be
30 computed as one-twelfth of the expected annual wages paid to
31 such employee. The amount paid as wages to a new employee is
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1 the compensation paid to such employee that is subject to
2 unemployment tax. The credit shall be allowed for up to 12
3 consecutive months, beginning with the first tax return due
4 pursuant to s. 212.11 after approval by the department.
5 Section 7. Paragraph (a) of subsection (1) of section
6 220.181, Florida Statutes, is amended to read:
7 220.181 Enterprise zone jobs credit.--
8 (1)(a) Beginning July 1, 1995, there shall be allowed
9 a credit against the tax imposed by this chapter to any
10 business located in an enterprise zone which employs one or
11 more new employees. The credit shall be computed as follows:
12 1. Ten percent of the actual monthly wages paid in
13 this state to each new employee whose wages do not exceed
14 $1,500 a month. If no less than 20 percent of the employees of
15 the business are residents of an enterprise zone, excluding
16 temporary and part-time employees, the credit shall be
17 computed as 15 percent of the actual monthly wages paid in
18 this state to each new employee, for a period of up to 12
19 consecutive months. If the business is located in an
20 enterprise zone within the jurisdiction of a rural county or
21 city as defined in s. 288.106, the credit must be computed as
22 15 percent of the actual monthly wages paid in this state to
23 each new employee for a period of up to 12 consecutive months,
24 regardless of the percentage of employees of the business
25 residing in the enterprise zone, provided that the employees
26 are residents of the county within which the rural enterprise
27 zone is located;
28 2. Five percent of the first $1,500 of actual monthly
29 wages paid in this state for each new employee whose wages
30 exceed $1,500 a month; or
31
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1 3. Fifteen percent of the first $1,500 of actual
2 monthly wages paid in this state for each new employee who is
3 a WAGES Program participant pursuant to chapter 414.
4 Section 8. Subsection (4) of section 290.0055, Florida
5 Statutes, is amended to read:
6 290.0055 Local nominating procedure.--
7 (4) An area nominated by a county or municipality, or
8 a county and one or more municipalities together, for
9 designation as an enterprise zone shall be eligible for
10 designation under s. 290.0065 only if it meets the following
11 criteria:
12 (a) The selected area does not exceed 20 square miles.
13 The selected area must have a continuous boundary, or consist
14 of not more than three noncontiguous parcels.
15 (b)1. The selected area does not exceed the following
16 mileage limitation:
17 2. For communities having a total population of
18 150,000 persons or more, the selected area shall not exceed 20
19 square miles.
20 3. For communities having a total population of 50,000
21 persons or more but less than 150,000 persons, the selected
22 area shall not exceed 10 square miles.
23 4. For communities having a total population of 20,000
24 persons or more but less than 50,000 persons, the selected
25 area shall not exceed 5 square miles.
26 5. For communities having a total population of 7,500
27 persons or more but less than 20,000 persons, the selected
28 area shall not exceed 3 square miles.
29 6. For communities having a total population of less
30 than 7,500 persons, the selected area shall not exceed 3
31 square miles.
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1 7. For communities within the jurisdiction of a rural
2 county or city as defined in s. 288.106, the selected area
3 shall not exceed 15 square miles, regardless of total
4 population.
5 (c) The selected area does not include any portion of
6 a central business district, as that term is used for purposes
7 of the most recent Census of Retail Trade, unless the poverty
8 rate for each census geographic block group in the district is
9 not less than 30 percent. This paragraph does not apply to any
10 area nominated in a county that has a population which is less
11 than 50,000.
12 (d) The selected area suffers from pervasive poverty,
13 unemployment, and general distress, as described and measured
14 pursuant to s. 290.0058.
15 Section 9. Section 420.507, Florida Statutes, is
16 amended to read:
17 420.507 Powers of the corporation.--The corporation
18 shall have all the powers necessary or convenient to carry out
19 and effectuate the purposes and provisions of this part,
20 including the following powers which are in addition to all
21 other powers granted by other provisions of this part:
22 (1) To sue and be sued, to have a seal, to alter the
23 same at pleasure and to authorize the use of a facsimile
24 thereof, and to make and execute contracts and other
25 instruments necessary or convenient to the exercise of the
26 powers of the corporation.
27 (2) To undertake and carry out studies and analyses of
28 housing needs within the state and ways of meeting those
29 needs.
30 (3) To participate in federal housing assistance and
31 federal community development, insurance, and guarantee
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1 programs and to agree and comply with any conditions attached
2 to federal financial assistance, including, without
3 limitation, the waiver of exemption from federal income
4 taxation on interest payable on its bonds, unless expressly
5 prohibited by this act.
6 (4) To provide for the collection and payment of fees
7 and charges, regardless of method of payment, in connection
8 with its loans, commitments, and servicing, including, but not
9 limited to, reimbursement of costs of financing by the
10 corporation, service charges and insurance premiums as the
11 corporation shall determine to be reasonable and as shall be
12 approved by the corporation. The fees and charges may be paid
13 directly by the borrower to the insurer, lender, or servicing
14 agent or may be deducted from the interest collected by such
15 insurer, lender, or servicing agent.
16 (5) To acquire real and personal property or any
17 interest therein when such acquisition is necessary or
18 appropriate to protect any loan or to participate in any
19 program in which the corporation has an interest; to sell,
20 transfer, and convey any such property to a buyer without
21 regard to the provisions of chapters 253 and 270; and, in the
22 event that such sale, transfer, or conveyance cannot be
23 effected with reasonable promptness or at a reasonable price,
24 to lease such property for occupancy.
25 (6) To borrow money through the issuance of bonds or
26 from the Federal Home Loan Bank or Rural Housing Services of
27 the United States Department of Agriculture for the purposes
28 provided in this part, to provide for and secure the payment
29 thereof, and to provide for the rights of the holders thereof.
30
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1 (7) To purchase bonds of the corporation out of any
2 funds or moneys of the corporation available therefor and to
3 hold, cancel, or resell such bonds.
4 (8) To invest any funds held in reserves or sinking
5 funds, or any funds not required for immediate disbursement,
6 in such investments as may be authorized for trust funds under
7 s. 215.47 and in any authorized investments, provided such
8 investments will be made on behalf of the corporation by the
9 State Board of Administration or by another trustee appointed
10 for that purpose.
11 (9) To set standards for residential housing financed
12 by the corporation under this chapter and to provide for
13 inspections to determine compliance with those standards.
14 (10) To contract for and to accept gifts, grants,
15 loans, or other aid from the United States Government or any
16 person or corporation.
17 (11) To insure and procure insurance against any loss
18 in connection with any bonds of the corporation and the
19 corporation's operations or property, including without
20 limitation:
21 (a) The repayment of any loans to mortgage lenders or
22 mortgage loans.
23 (b) Any project.
24 (c) Any bonds of the corporation, in such amounts and
25 from such insurers, including the Federal Government, as it
26 may deem necessary or desirable, and to pay any premiums
27 therefor.
28 (12) To make rules necessary to carry out the purposes
29 of this part and to exercise any power granted in this part
30 pursuant to the provisions of chapter 120.
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1 (13) To adopt rules necessary to carry out the
2 purposes of the state's rural policy under the Florida Rural
3 Heritage Act.
4 (14)(13) To engage the services of private consultants
5 on a contract basis for rendering professional and technical
6 assistance and advice.
7 (15)(14) To make additional conditions respecting the
8 grant of loans or mortgage loans pursuant to this part,
9 including, without limitation, the regulation of eligible
10 persons and the admission of tenants and other occupants or
11 users of projects and residential housing, and to enter into
12 regulatory and other agreements and contracts under the
13 provisions of this part.
14 (16)(15) To institute any action or proceeding against
15 any eligible person or sponsor receiving a loan or owning any
16 residential housing financed under the provisions of this part
17 in any court of competent jurisdiction to enforce the
18 provisions of this part or the terms and provisions of any
19 agreement or contract between the corporation and such person
20 and, in connection with any such action or proceeding, to
21 apply for and accept the appointment, by a court of competent
22 jurisdiction, of a receiver to take over, manage, operate, and
23 maintain such residential housing.
24 (17)(16) To procure or require the procurement of a
25 policy or policies of group life insurance or disability
26 insurance, or both, to insure repayment of mortgage loans for
27 residential housing in the event of the death or disability of
28 the eligible person or persons liable therefor, and to pay any
29 premiums therefor.
30 (18)(17) To renegotiate any mortgage loan or any
31 purchase agreement with a borrower in default; to waive any
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1 default or consent to the modification of the terms of any
2 mortgage loan or any purchase agreement; and to commence,
3 prosecute, and enforce a judgment in any action or proceeding
4 to protect or enforce any right conferred upon it by law,
5 mortgage loan, loan agreement or purchase agreement, contract,
6 or other agreement, including without limitation foreclosure
7 of the security interest on the property securing such a
8 mortgage loan; provided that any such action or proceeding
9 shall be brought in the name of the entity servicing the
10 mortgage loan on behalf of the corporation and not in the name
11 of the corporation, and in connection with any such
12 proceeding, to bid for and purchase the property or acquire or
13 take possession thereof and, in such event, complete,
14 administer, pay the principal of and interest on any
15 obligations incurred in connection with the property and
16 dispose of and otherwise deal with the property in such manner
17 as the corporation may deem advisable to protect its interests
18 therein.
19 (19)(18) To make and execute contracts for the
20 administration, servicing, or collection of any mortgage loan
21 or loan agreement or purchase agreement with a mortgage lender
22 or servicing agent for the duration of the loan or agreement
23 and pay the reasonable value of services rendered to the
24 corporation pursuant to such contracts. The fees and charges
25 for such services may be paid directly by the borrower to the
26 lender or servicing agent or may be deducted from the interest
27 collected by such lender or servicing agent.
28 (20)(19) To fix, revise from time to time, charge, and
29 collect fees and other charges in connection with the making
30 of mortgage loans, the purchasing of mortgage loans, and any
31 other services rendered by the corporation.
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1 (21)(20) To make and execute agreements, contracts,
2 and other instruments necessary or convenient in the exercise
3 of the powers and functions of the corporation under this
4 part, including contracts with any person, firm, corporation,
5 local government, or other entity; and all local governments
6 established under the laws of the state are hereby authorized
7 to enter into and do all things necessary to perform such
8 contracts and otherwise cooperate with the corporation to
9 facilitate the accomplishment of the purposes of this part.
10 (22)(21) Review all reverse mortgage provisions
11 proposed to be used by an individual lender or a consortium to
12 determine that such provisions are consistent with the
13 purposes and intent of this act. If the corporation finds
14 that the provisions are consistent, it shall approve those
15 provisions. If the corporation finds that the provisions are
16 inconsistent, it shall state its objections and give the
17 parties an opportunity to amend the provisions to overcome
18 such objections. In approving these provisions, the
19 corporation must determine:
20 (a) That the mortgagee is either licensed pursuant to
21 ss. 494.006-494.0077 or specifically exempt from ss.
22 494.006-494.0077.
23 (b) That the mortgagee has sufficient resources to
24 finance such mortgages.
25 (23)(22) To develop and administer the State Apartment
26 Incentive Loan Program. In developing and administering that
27 program, the corporation may:
28 (a) Make first, second, and other subordinated
29 mortgage loans including variable or fixed rate loans subject
30 to contingent interest. The corporation shall make loans
31 exceeding 25 percent of project cost available only to
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1 nonprofit organizations and public bodies which are able to
2 secure grants, donations of land, or contributions from other
3 sources and to projects meeting the criteria of subparagraph
4 1. Mortgage loans shall be made available at the following
5 rates of interest:
6 1. Zero to 3 percent interest for sponsors of projects
7 that maintain an 80 percent occupancy of residents qualifying
8 as farmworkers as defined in s. 420.306(7) over the life of
9 the loan.
10 2. Three to 9 percent interest for sponsors of
11 projects targeted at populations other than farmworkers.
12 (b) Geographically and demographically target the
13 utilization of loans.
14 (c) Underwrite credit, and reject projects which do
15 not meet the established standards of the corporation.
16 (d) Negotiate with governing bodies within the state
17 after a loan has been awarded to obtain local government
18 contributions.
19 (e) Inspect any records of a sponsor at any time
20 during the life of the loan or the agreed period for
21 maintaining the provisions of s. 420.5087.
22 (f) Establish, by rule, the procedure for evaluating,
23 scoring, and competitively ranking all applications based on
24 the criteria set forth in s. 420.5087(6)(c); determining
25 actual loan amounts; making and servicing loans; and
26 exercising the powers authorized in this subsection.
27 (g) Establish a loan loss insurance reserve to be used
28 to protect the outstanding program investment in case of a
29 default, deed in lieu of foreclosure, or foreclosure of a
30 program loan.
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1 (24)(23) To develop and administer the Florida
2 Homeownership Assistance Program. In developing and
3 administering the program, the corporation may:
4 (a)1. Make subordinated loans to eligible borrowers
5 for down payments or closing costs related to the purchase of
6 the borrower's primary residence.
7 2. Make permanent loans to eligible borrowers related
8 to the purchase of the borrower's primary residence.
9 3. Make subordinated loans to nonprofit sponsors or
10 developers of housing for construction financing of housing to
11 be offered for sale to eligible borrowers as a primary
12 residence at an affordable price.
13 (b) Establish a loan loss insurance reserve to
14 supplement existing sources of mortgage insurance with
15 appropriated funds.
16 (c) Geographically and demographically target the
17 utilization of loans.
18 (d) Defer repayment of loans for the term of the first
19 mortgage.
20 (e) Establish flexible terms for loans with an
21 interest rate not to exceed 3 percent per annum and which are
22 nonamortizing for the term of the first mortgage.
23 (f) Require repayment of loans upon sale, transfer,
24 refinancing, or rental of secured property.
25 (g) Accelerate a loan for monetary default, for
26 failure to provide the benefits of the loans to eligible
27 borrowers, or for violation of any other restriction placed
28 upon the loan.
29 (h) Adopt rules for the program and exercise the
30 powers authorized in this subsection.
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1 (25)(24) To do any and all things necessary or
2 convenient to carry out the purposes of, and exercise the
3 powers given and granted in, this part and the state rural
4 policy under the Florida Rural Heritage Act.
5 (26)(25) To develop and administer the Florida
6 Affordable Housing Guarantee Program. In developing and
7 administering the program, the corporation may:
8 (a) Develop criteria for determining the priority for
9 expending the moneys in the State Housing Trust Fund.
10 (b) Select affordable housing debt to be guaranteed or
11 additionally secured by amounts on deposit in the Affordable
12 Housing Guarantee Fund.
13 (c) Adopt rules for the program and exercise the
14 powers authorized in this subsection.
15 (27)(26) To develop and administer the Predevelopment
16 Loan Program. In developing and administering the program, the
17 corporation may make loans and grants as provided in ss.
18 420.521-420.529.
19 (28)(27) Notwithstanding the provisions of chapter 282
20 and part I of chapter 287, to establish guidelines for and to
21 implement the purchase and procurement of materials and
22 services for use by the corporation.
23 (29)(28) To expend amounts advanced from the State
24 Housing Trust Fund for the purposes of this part.
25 (30)(29) To own real and personal property for the
26 purposes of this part, to mortgage such property, and to sell
27 the property without regard to the provisions of chapters 253
28 and 270.
29 (31)(30) To prepare and submit to the secretary of the
30 department a budget request for purposes of the corporation,
31 which request shall, notwithstanding the provisions of chapter
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1 216 and in accordance with s. 216.351, contain a request for
2 operational expenditures and separate requests for other
3 authorized corporation programs. The request shall not be
4 required to contain information on the number of employees,
5 salaries, or any classification thereof, and the approved
6 operating budget therefor need not comply with s.
7 216.181(7)-(9). The secretary is authorized to include within
8 the department's budget request the corporation's budget
9 request in the form as authorized by this section.
10 (32)(31) Notwithstanding the provisions of s. 216.301,
11 to retain any unused operational expenditure appropriation for
12 other lawful purposes of the corporation.
13 (33)(32) To pay pensions and establish pension plans,
14 pension trusts, and benefit and incentive plans for any and
15 all of its current or former employees and agents.
16 (34)(33) To receive federal funding in connection with
17 the corporation's programs directly from the Federal
18 Government.
19 (35)(34) To establish the corporation's fiscal year.
20 (36)(35) To preclude from further participation in any
21 of the corporation's programs, for a period of up to 2 years,
22 any applicant or affiliate of an applicant which has made a
23 material misrepresentation or engaged in fraudulent actions in
24 connection with any application for a corporation program.
25 (37)(36) To provide for the development of
26 infrastructure improvements and rehabilitation primarily in
27 connection with residential housing consistent with the
28 applicable local government comprehensive plan.
29 Section 10. Paragraphs (a) and (f) of subsection (6)
30 of section 420.5087, Florida Statutes, are amended to read:
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1 420.5087 State Apartment Incentive Loan
2 Program.--There is hereby created the State Apartment
3 Incentive Loan Program for the purpose of providing first,
4 second, or other subordinated mortgage loans or loan
5 guarantees to sponsors, including for-profit, nonprofit, and
6 public entities, to provide housing affordable to
7 very-low-income persons.
8 (6) On all state apartment incentive loans, except
9 loans made to housing communities for the elderly to provide
10 for lifesafety, building preservation, health, sanitation, or
11 security-related repairs or improvements, the following
12 provisions shall apply:
13 (a) The corporation shall establish two interest rates
14 in accordance with s. 420.507(23)(22)(a)1. and 2.
15 (f) The review committee established by corporation
16 rule pursuant to this subsection shall make recommendations to
17 the board of directors of the corporation regarding program
18 participation under the State Apartment Incentive Loan
19 Program. The corporation board shall make the final ranking
20 and the decisions regarding which applicants shall become
21 program participants based on the scores received in the
22 competitive ranking, further review of applications, and the
23 recommendations of the review committee. The corporation
24 board shall approve or reject applications for loans and shall
25 determine the tentative loan amount available to each
26 applicant selected for participation in the program. The
27 actual loan amount shall be determined pursuant to rule
28 adopted pursuant to s. 420.507(23)(22)(f).
29 Section 11. Subsections (1), (2), and (4) of section
30 420.5088, Florida Statutes, are amended to read:
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1 420.5088 Florida Homeownership Assistance
2 Program.--There is created the Florida Homeownership
3 Assistance Program for the purpose of assisting low-income
4 persons in purchasing a home by reducing the cost of the home
5 with below-market construction financing, by reducing the
6 amount of down payment and closing costs paid by the borrower
7 to a maximum of 5 percent of the purchase price, or by
8 reducing the monthly payment to an affordable amount for the
9 purchaser. Loans shall be made available at an interest rate
10 that does not exceed 3 percent. The balance of any loan is due
11 at closing if the property is sold or transferred.
12 (1) For loans made available pursuant to s.
13 420.507(24)(23)(a)1. or 2.:
14 (a) The corporation may underwrite and make those
15 mortgage loans through the program to persons or families who
16 are eligible to participate in the corporation's single-family
17 mortgage revenue bond programs and who have incomes that do
18 not exceed 80 percent of the state or local median income,
19 whichever is greater, adjusted for family size. If the
20 corporation determines that there is insufficient demand for
21 such loans by persons or families who are eligible to
22 participate in the corporation's single-family mortgage
23 revenue bond programs, the corporation may make such mortgage
24 loans to other persons or families who have incomes that do
25 not exceed 80 percent of the state or local median income,
26 whichever amount is greater.
27 (b) Loans shall be made available for the term of the
28 first mortgage.
29 (c) Loans are limited to the lesser of 25 percent of
30 the purchase price of the home or the amount necessary to
31 enable the purchaser to meet credit underwriting criteria.
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1 (2) For loans made pursuant to s.
2 420.507(24)(23)(a)3.:
3 (a) Availability is limited to nonprofit sponsors or
4 developers who are selected for program participation pursuant
5 to this subsection.
6 (b) Preference must be given to community development
7 corporations as defined in s. 290.033 and to community-based
8 organizations as defined in s. 420.503.
9 (c) Priority must be given to projects that have
10 received state assistance in funding project predevelopment
11 costs.
12 (d) The benefits of making such loans shall be
13 contractually provided to the persons or families purchasing
14 homes financed under this subsection.
15 (e) At least 30 percent of the units in a project
16 financed pursuant to this subsection must be sold to persons
17 or families who have incomes that do not exceed 80 percent of
18 the state or local median income, whichever amount is greater,
19 adjusted for family size; and at least another 30 percent of
20 the units in a project financed pursuant to this subsection
21 must be sold to persons or families who have incomes that do
22 not exceed 50 percent of the state or local median income,
23 whichever amount is greater, adjusted for family size.
24 (f) The maximum loan amount may not exceed 33 percent
25 of the total project cost.
26 (g) A person who purchases a home in a project
27 financed under this subsection is eligible for a loan
28 authorized by s. 420.507(24)(23)(a)1. or 2. in an aggregate
29 amount not exceeding the construction loan made pursuant to
30 this subsection. The home purchaser must meet all the
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1 requirements for loan recipients established pursuant to the
2 applicable loan program.
3 (h) The corporation shall provide, by rule, for the
4 establishment of a review committee composed of corporation
5 staff and shall establish, by rule, a scoring system for
6 evaluating and ranking applications submitted for construction
7 loans under this subsection, including, but not limited to,
8 the following criteria:
9 1. The affordability of the housing proposed to be
10 built.
11 2. The direct benefits of the assistance to the
12 persons who will reside in the proposed housing.
13 3. The demonstrated capacity of the applicant to carry
14 out the proposal, including the experience of the development
15 team.
16 4. The economic feasibility of the proposal.
17 5. The extent to which the applicant demonstrates
18 potential cost savings by combining the benefits of different
19 governmental programs and private initiatives, including the
20 local government contributions and local government
21 comprehensive planning and activities that promote affordable
22 housing.
23 6. The use of the least amount of program loan funds
24 compared to overall project cost.
25 7. The provision of homeownership counseling.
26 8. The applicant's agreement to exceed the
27 requirements of paragraph (e).
28 9. The commitment of first mortgage financing for the
29 balance of the construction loan and for the permanent loans
30 to the purchasers of the housing.
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1 10. The applicant's ability to proceed with
2 construction.
3 11. The targeting objectives of the corporation which
4 will ensure an equitable distribution of loans between rural
5 and urban areas.
6 12. The extent to which the proposal will further the
7 purposes of this program.
8 (i) The corporation may reject any and all
9 applications.
10 (j) The review committee established by corporation
11 rule pursuant to this subsection shall make recommendations to
12 the corporation board regarding program participation under
13 this subsection. The corporation board shall make the final
14 ranking for participation based on the scores received in the
15 ranking, further review of the applications, and the
16 recommendations of the review committee. The corporation board
17 shall approve or reject applicants for loans and shall
18 determine the tentative loan amount available to each program
19 participant. The final loan amount shall be determined
20 pursuant to rule adopted under s. 420.507(24)(23)(h).
21 (4) During the first 9 months of fund availability:
22 (a) Sixty percent of the program funds shall be
23 reserved for use by borrowers pursuant to s.
24 420.507(24)(23)(a)1.;
25 (b) Twenty percent of the program funds shall be
26 reserved for use by borrowers pursuant to s.
27 420.507(24)(23)(a)2.; and
28 (c) Twenty percent of the program funds shall be
29 reserved for use by borrowers pursuant to s.
30 420.507(24)(23)(a)3.
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1 If the application of these percentages would cause the
2 reservation of program funds under paragraph (a) to be less
3 than $1 million, the reservation for paragraph (a) shall be
4 increased to $1 million or all available funds, whichever
5 amount is less, with the increase to be accomplished by
6 reducing the reservation for paragraph (b) and, if necessary,
7 paragraph (c).
8 Section 12. The sum of $10 million is appropriated
9 from the General Revenue Fund for implementation of the
10 Florida Rural Heritage Act as follows: $7,550,000 to the
11 Department of Community Affairs to fund the Rural Heritage
12 Grant Program; $1 million to the Office of Tourism, Trade, and
13 Economic Development to create a revolving loan fund to
14 finance the Nature-and-Heritage-Based Tourism Enterprise
15 Micro-loan Program; $800,000 to the Department of Agriculture
16 to implement the agricultural diversification pilot projects;
17 $600,000 to the Department of Management Services to implement
18 the education technology pilot projects; and $50,000 to the
19 Rural Economic Development Initiative to fund the update of
20 the Rural Resource Directory and the provision of technical
21 assistance required by this act during the 2000-2001 fiscal
22 year.
23 Section 13. This act shall take effect July 1, 2000.
24
25
26
27
28
29
30
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