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





                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Hafner offered the following:

12

13         Amendment (with title amendment) 

14         On page 92, between lines 19 and 20, of the bill

15

16  insert:

17         Section 38.  Section 216.348, Florida Statutes, is

18  created to read:

19         216.348  Fixed capital outlay grants and aids

20  appropriations to certain nonprofit entities.--If a bill

21  appropriating a fixed capital outlay grants and aids

22  appropriation requires compliance with this section, the

23  following conditions shall apply, except to the extent that

24  such bill modifies these conditions:

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

26         (a)  "Administering agency" means the governmental

27  agency or entity which is charged by the bill appropriating

28  the fixed capital outlay grants and aids appropriation to a

29  grantee with administering that appropriation.

30         (b)  "Grant" means a fixed capital outlay grants and

31  aids appropriation to a nonprofit entity other than a

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                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)





 1  governmental entity.

 2         (c)  "Grantee" means a nonprofit entity, other than a

 3  governmental entity, to which the Legislature has appropriated

 4  over $50,000 pursuant to a fixed capital outlay grants and

 5  aids appropriation.

 6         (2)  Prior to the receipt of any grant money from the

 7  administering agency, a grantee must provide the administering

 8  agency with an affidavit by an officer or director of the

 9  grantee certifying under oath that the grantee is a nonprofit

10  entity and must execute a written agreement with the

11  administering agency, in a form approved by the administering

12  agency, pursuant to subsection (3).

13         (3)(a)  If the grantee is acquiring real property with

14  the grant, or if the grantee owns the real property upon which

15  an improvement is being constructed, renovated, altered,

16  modified, or maintained with the grant, the grantee must

17  execute, deliver, and record in the county in which the

18  subject property is located an agreement that:

19         1.  States a correct legal description of the real

20  property.

21         2.  Sets forth with specificity the buildings,

22  appurtenances, fixtures, fixed equipment, structures,

23  improvements, renovations, and personalty to be purchased

24  pursuant to the grant.

25         3.  During the term of the agreement, prohibits the

26  grantee from selling, transferring, mortgaging, or assigning

27  the grantee's interest in the real property, unless the

28  administering agency approves the sale, transfer, mortgage, or

29  assignment; and, in the case of sale, transfer, or assignment,

30  the purchaser, transferor, or assignee must fully assume, in

31  writing, all of the terms and conditions of the agreement

                                  2

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                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)





 1  required by this subsection. The administering agency, at its

 2  discretion, may agree to subordination to a mortgage.

 3         (b)  If the grantee is not acquiring real property, or

 4  does not own the real property being improved, the agreement

 5  shall:

 6         1.  Specify the leasehold or other real property

 7  interest the grantee has in the real property.

 8         2.  State the name of the owner of the real property.

 9         3.  Describe the relationship between the owner of the

10  real property and the grantee.

11         4.  Set forth with specificity the improvements,

12  renovations, and personalty to be purchased pursuant to the

13  grant.

14         5.  During the term of the agreement, prohibit the

15  grantee from selling, transferring, mortgaging, or assigning

16  the grantee's interest in the leasehold, improvements,

17  renovations, or personalty, unless the administering agency

18  approves the sale, transfer, mortgage, or assignment; and, in

19  the case of sale, transfer, or assignment, the purchaser,

20  transferor, or assignee must fully assume, in writing, all of

21  the terms and conditions of the agreement required by this

22  subsection. Additionally, the grantee shall execute and

23  deliver a security instrument, financing statement, or other

24  appropriate document securing the interest of the

25  administering agency in the improvements, renovations, and

26  personalty associated with the grant. The administering

27  agency, in its discretion, may agree to subordination or

28  modification of a security interest.

29         (c)  All agreements required by this subsection shall:

30         1.  Require the grantee to continue the operation,

31  maintenance, repair, and administration of the property in

                                  3

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                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)





 1  accordance with the purposes for which the funds were

 2  originally appropriated and for the period of time expressly

 3  specified by the bill appropriating the grant. If the bill

 4  appropriating the grant does not specify a time period, the

 5  administering agency shall determine a reasonable period of

 6  time.

 7         2.  Provide that if the grantee fails, during the term

 8  of the agreement, to operate, maintain, repair, and administer

 9  the property in accordance with the purposes for which the

10  funds were originally granted, the grantee shall return to the

11  administering agency, no later than upon demand by the

12  administering agency, an amount calculated as follows:

13         a.  If the bill appropriating the grant states a

14  specific repayment formula, that formula shall be used;

15         b.  If the bill appropriating the grant states a

16  specific period of time but does not specify a repayment

17  formula, the amount to be returned shall be calculated on a

18  pro rata basis for that period of time; or

19         c.  If the bill appropriating the grant does not state

20  a specific period of time or formula, the amount to be

21  returned shall be specified by the administering agency, which

22  shall be no less than the full amount of the grant less

23  $100,000 or 10 percent of the grant, whichever is more, for

24  each full year for which the property was used for such

25  purposes.

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27  The administering agency shall deposit all funds returned by

28  the grantee into the state fund from which the grant was

29  originally made.

30         3.  Require that the grantee adopt an accounting

31  system, in compliance with generally accepted accounting

                                  4

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                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)





 1  principles, which shall provide for a complete record of the

 2  use of the grant money. In addition, the provisions of s.

 3  216.3491 shall apply.

 4         4.  Provide that the grantee shall indemnify, defend,

 5  and hold the administering agency harmless from and against

 6  any and all claims or demands for damages resulting from

 7  personal injury, including death or damage to property,

 8  arising out of or relating to the subject property or the use

 9  of the grant money. The agreement shall require the grantee to

10  purchase and maintain insurance on behalf of directors,

11  officers, and employees of the grantee against any personal

12  liability or accountability by reason of actions taken while

13  acting within the scope of their authority. The administering

14  agency shall be immune from civil or criminal liability

15  resulting from acts or omissions of the grantee and the

16  grantee's agents, employees, or assigns.

17         5.  Require the grantee to return any portion of the

18  grant money received that is not necessary to the purchase of

19  the land, or to the cost of the improvements, renovations, and

20  personalty, for which the grant was awarded.

21         (d)  The administering agency may:

22         1.  Require that, during any term or period of

23  construction, or until such time as the grant money is fully

24  and properly spent according to the bill appropriating the

25  grant, the grantee obtain a blanket fidelity bond, in the

26  amount of the grant, issued by a company authorized and

27  licensed to do business in this state, which will reimburse

28  the administering agency in the event that anyone handling the

29  grant moneys either misappropriates or absconds with the grant

30  moneys. All employees handling the grant moneys must be

31  covered by the bond.

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                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)





 1         2.  Include any other term or condition the

 2  administering agency deems reasonable and necessary for the

 3  effective and efficient administration of the grant.

 4         3.  Modify any condition required by this subsection,

 5  provided the administering agency deems that such modification

 6  is necessary in order to best effectuate the purpose of the

 7  grant and provided the bill appropriating the grant, or

 8  applicable law, does not otherwise require.

 9         (e)  The agreement must provide that the administering

10  agency shall execute a satisfaction of the agreement in

11  recordable form upon full compliance by the grantee with the

12  terms of the agreement.

13

14

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

16  And the title is amended as follows:

17         On page 5, line 4, after the semicolon

18

19  insert:

20         creating s. 216.348, F.S.; providing conditions

21         for receipt of certain grants and aids

22         appropriations by certain nonprofit entities;

23         providing definitions; providing for an

24         affidavit of nonprofit status; providing for an

25         agreement between the administering agency and

26         the nonprofit entity; providing minimum

27         requirements for the agreement; providing that

28         the nonprofit entity continue operation of the

29         property for the purposes set forth in the

30         grant; providing for repayment of grant moneys

31         received under certain conditions; providing

                                  6

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                                                   HOUSE AMENDMENT

    dhs-21                                        Bill No. HB 2377

    Amendment No.     (for drafter's use only)





 1         for the adoption of an accounting system and

 2         providing for audit; providing for liability

 3         insurance and exempting the administering

 4         agency from liability; providing permissive

 5         conditions of the agreement; providing for a

 6         satisfaction of the agreement;

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