Senate Bill 0418c1

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    Florida Senate - 2000                            CS for SB 418

    By the Committee on Commerce and Economic Opportunities





    310-1958-00

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         providing legislative intent; providing for

  4         creation and purpose of the Toolkit for

  5         Economic Development; defining the term

  6         "economically distressed"; requiring the

  7         appointment of liaisons from agencies and

  8         organizations; providing for requirements and

  9         duties; creating coordinating partners to serve

10         as the program's executive committee; providing

11         for duties; providing for waivers of permit

12         processing fees and state-required matching

13         funds requirements; requiring an inventory of

14         programs that help economically distressed

15         communities; requiring the inventory be

16         categorized; creating the Start-Up Initiative

17         to promote the use of the inventory; providing

18         for identification of communities; providing

19         for solicitation of proposals; providing for

20         proposal content; providing for review process

21         and evaluation criteria; providing for funding

22         and budget amendments; providing for the use of

23         lifelines by coordinating partners; providing

24         an appropriation to the coordinating partners;

25         providing for use of funds and certification;

26         providing for monitoring and reporting;

27         providing for expiration; providing an

28         effective date.

29

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

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    Florida Senate - 2000                            CS for SB 418
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  1         Section 1.  Toolkit for Economic Development.--

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

  3  the state has numerous economically distressed communities

  4  with a high proportion of needy families who are current or

  5  former recipients of public assistance or who are at risk of

  6  becoming dependent upon public assistance. The Legislature

  7  also finds that the existence of safe and strong communities

  8  with prosperous economies is crucial to reduce dependence on

  9  public assistance and to promote employment retention and

10  self-sufficiency. It is the intent of the Legislature to

11  reduce reliance on public assistance, to promote employment

12  retention, and to increase self-sufficiency by providing

13  easily accessed and useable tools that support local

14  initiatives that create economically prosperous communities

15  for needy families.

16         (2)  CREATION; PURPOSE.--There is created a program to

17  be known as the "Toolkit for Economic Development," the

18  purpose of which is to enable economically distressed

19  communities to access easily, and use effectively, federal and

20  state tools to improve conditions in the communities and

21  thereby help needy families in the communities avoid public

22  assistance, retain employment, and become self-sufficient.

23         (3)  DEFINITIONS.--For the purposes of this section, a

24  community is "economically distressed" if the community is

25  experiencing conditions affecting its economic viability and

26  hampering the self-sufficiency of its residents, including,

27  but not limited to, low per capita income, low property

28  values, high unemployment, high under-employment, low weekly

29  wages compared to the state average, low housing values

30  compared to the state average, high percentage of the

31  population receiving public assistance, high poverty levels

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    Florida Senate - 2000                            CS for SB 418
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  1  compared to the state average, high percentage of needy

  2  families, and a lack of year-round stable employment

  3  opportunities.

  4         (4)  LIAISONS.--

  5         (a)  By August 1, 2000, the head of each of the

  6  following agencies or organizations shall designate a

  7  high-level staff person from within the agency or organization

  8  to serve as a liaison to this program:

  9         1.  Office of Tourism, Trade, and Economic Development;

10         2.  Office of Urban Opportunity;

11         3.  Department of Community Affairs;

12         4.  Department of Law Enforcement;

13         5.  Department of Juvenile Justice;

14         6.  Department of Transportation;

15         7.  Department of Environmental Protection;

16         8.  Department of Agriculture and Consumer Services;

17         9.  Department of State;

18         10.  Department of Health;

19         11.  Department of Children and Family Services;

20         12.  Department of Corrections;

21         13.  Department of Labor and Employment Security;

22         14.  Department of Education;

23         15.  Department of Military Affairs;

24         16.  Fish and Wildlife Conservation Commission;

25         17.  Florida Housing Finance Corporation;

26         18.  Florida State Rural Development Council;

27         19.  Institute of Food and Agricultural Sciences;

28         20.  Florida Tourism Industry Marketing Corporation;

29         21.  Keep Florida Beautiful, Inc.;

30         22.  Enterprise Florida, Inc.;

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    Florida Senate - 2000                            CS for SB 418
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  1         23.  Workforce Development Board of Enterprise Florida,

  2  Inc.;

  3         24.  Executive Office of the Governor; and

  4         25.  Any other agencies or organizations as determined

  5  by the Office of Tourism, Trade, and Economic Development.

  6         (b)  An alternate for each designee shall also be

  7  chosen, and the names of the designees and alternates shall be

  8  sent to the Office of Tourism, Trade, and Economic

  9  Development, which shall convene the liaisons as necessary.

10         (c)  Each liaison must have a comprehensive knowledge

11  of the functions, whether regulatory or service-based, of his

12  or her agency or organization. The liaison shall be the

13  primary contact for the agency or organization for the Toolkit

14  for Economic Development, assisting in expediting proposal

15  review, resolving problems, promoting flexible assistance, and

16  identifying opportunities for support within the agency or

17  organization.

18         (d)  As deemed necessary by the Office of Tourism,

19  Trade, and Economic Development, liaisons shall review

20  proposals from economically distressed communities to

21  determine whether they would be properly referred or submitted

22  to their agencies or organizations. If such referral and

23  submittal is appropriate, the liaison shall then assist the

24  community as an ombudsman.

25         (e)  The liaisons shall work at the request of the

26  Office of Tourism, Trade, and Economic Development to review

27  statutes and rules for their adverse effects on economically

28  distressed communities and to develop alternative proposals to

29  mitigate these effects.

30         (f)  Liaisons shall review their agencies' or

31  organizations' evaluation and scoring procedures for grant,

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  1  loan, and aid programs to ensure that economically distressed

  2  communities are not unfairly disadvantaged, hampered, or

  3  handicapped in competing for awards because of community

  4  economic hardship. If they are, new evaluation criteria and

  5  scoring procedures shall be considered which recognize

  6  disproportionate requirements that an application process

  7  makes of a community that lacks the resources of other more

  8  prosperous communities. The evaluation criteria should weight

  9  contribution in proportion to the amount of resources

10  available at the local level.

11         (g)  Annually, the Office of Tourism, Trade, and

12  Economic Development shall report to the Governor and the head

13  of each agency or organization on the work and accomplishments

14  of the liaisons, recommending commendation or compensation.

15         (5)  COORDINATING PARTNERS.--The liaisons from the

16  Office of Tourism, Trade, and Economic Development, the Office

17  of Urban Opportunity, the Department of Community Affairs,

18  Enterprise Florida, Inc., and the Workforce Development Board

19  of Enterprise Florida, Inc., shall serve as the coordinating

20  partners of the Toolkit for Economic Development and act as an

21  executive committee for the liaisons. The coordinating

22  partners shall review any request from a Front Porch Community

23  and shall provide whatever assistance that this section can

24  afford to them.

25         (6)  FEE WAIVERS AND MATCHING-FUNDS

26  OPTIONS.--Notwithstanding any other provision of law, an

27  agency or organization shall waive permit processing fees for

28  an economically distressed community and any state-required

29  matching funds requirements at the request of the coordinating

30  partners. In addition, in-kind matches shall be allowed and

31  applied as matching funds at the request of the coordinating

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  1  partners. Fee reductions or waivers must be requested on the

  2  basis of fiscal hardship or need for a particular project or

  3  activity. The coordinating partners must unanimously endorse

  4  each request to an agency or organization. Any other funds

  5  appropriated and available to the coordinating partners may be

  6  used to meet matching funds requirements or fees for federal,

  7  state, or foundation application requirements.

  8         (7)  INVENTORY.--The coordinating partners shall

  9  develop, in consultation with the liaisons, an inventory of

10  recommended federal and state tax credits, incentives,

11  inducements, programs, opportunities, demonstrations or pilot

12  programs, grants, and other resources available through the

13  agencies and organizations which could assist economically

14  distressed communities. Each entry in the inventory must

15  include a summary; a contact person; a simple description of

16  the application process and a timetable; a profile of funding

17  awards and funds availability; and a complexity ranking. The

18  inventory shall be organized into seven categories, including:

19         (a)  Leadership.--Entries that promote the skills and

20  capacities of local leaders, volunteers, organizations, and

21  employees that work on other categories of the inventory.

22  These entries shall include, for example, grants;

23  scholarships; Individual Training Accounts; Retention

24  Incentive Training Account programs; and other programs that

25  build the resident capacity to create a better community.

26  These entries shall include educational-based institutes that

27  can assist with research, consulting, technical assistance,

28  capacity building, training, and program assistance to

29  communities.

30         (b)  Safety.--Entries that increase safety and reduce

31  crime. These entries shall include, for example, the training

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    Florida Senate - 2000                            CS for SB 418
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  1  and employment of public safety employees and volunteers;

  2  establishing safer businesses and neighborhoods; training

  3  residents in safety practices; organizing safety networks and

  4  cooperatives; improving lighting; improving the safety of

  5  homes, buildings, and streets; and providing for community

  6  police and safety projects, including those designed to

  7  protect youth in the community. Other entries may be included

  8  that reinforce community and local law enforcement.

  9         (c)  Clean Up.--Entries that support clean up and

10  enhancement projects that quickly create visible improvements

11  in neighborhoods, including the demolition of drug havens and

12  abandoned buildings. These entries shall include, for example,

13  projects that plan, design, or implement clean up strategies;

14  main street redevelopment; and renovation projects. These

15  entries may also include planning and implementation for

16  larger neighborhood revitalization and economic development

17  projects.

18         (d)  Business.--Entries that support small business

19  development, including, for example, attraction of national

20  franchises; micro-loans; guaranteed commercial loans;

21  technical assistance; self-employment; linked deposit; loan

22  loss reserves; business incubators; and other activities that

23  support the market economy.

24         (e)  Schools.--Entries that upgrade schools through

25  repair or renovation, as well as training and employment

26  entries to assist with school transportation, services, and

27  security. These entries shall include, for example, programs

28  that enable school-based childcare; before, after, and summer

29  school programs; programs that broaden the use of school

30  facilities as a hub and haven within the community;

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  1  scholarships; and grant programs that assist families and

  2  individuals to complete and enhance their education.

  3         (f)  Partners.--Entries that provide tax credits,

  4  incentives, and other inducements to businesses that

  5  contribute to community projects, such as the community

  6  contribution tax credit under sections 220.183 and 624.5105,

  7  Florida Statutes. These entries shall include any programs

  8  that help raise federal or foundation grant funds.

  9         (g)  Redevelopment.--Entries that support the planning,

10  preparation, construction, marketing, and financing of

11  residential, mixed-use, and commercial redevelopment, as well

12  as residential and business infrastructure projects. These

13  entries shall include the workforce development programs that

14  influence business decisions such as the Quick-Response

15  Training Program and Quick-Response Training Program for Work

16  and Gain Economic Self-sufficiency (WAGES) participants.

17         (8)  START-UP INITIATIVE.--

18         (a)  Subject to legislative appropriation and the

19  provisions of this act, the Start-Up Initiative is created to

20  promote the use of the inventory, to boost a community's

21  efforts, and to ensure that federal funds do not go unexpended

22  or unobligated, or are not returned to federal agencies.

23         (b)  The coordinating partners, in consultation with

24  the liaisons, local economic development organizations, and

25  regional workforce development boards, shall identify 15

26  communities, seven of which must be from the state's seven

27  largest counties, three of which must be from rural counties,

28  and five of which must be from other counties in the state.

29  These communities must be compact, congruent, and contiguous

30  census tracts that have high concentrations of needy families

31  who are current, former, or likely recipients of public

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  1  assistance. To the maximum extent possible, these communities

  2  should coincide with federal empowerment zones, enterprise

  3  zones established under chapter 290 or chapter 370, Florida

  4  Statutes, Neighborhood Improvement Districts established under

  5  chapter 163, Florida Statutes, community redevelopment areas

  6  established under chapter 163, Florida Statutes, and Urban

  7  High Crime Areas or Rural Job Tax Credit Areas established

  8  under chapter 212, Florida Statutes. The coordinating partners

  9  must contract with an independent entity to certify that these

10  15 communities comply with the requirements of this section.

11         (c)  The coordinating partners shall solicit proposals

12  from Front Porch Advisory Committees, community-based

13  organizations, local governments, and neighborhood

14  associations located in the communities identified in

15  paragraph (b) and Front Porch Communities. The coordinating

16  partners shall provide each applicant with the inventory and

17  recommendations on proposals that can be funded.

18         (d)  Communities may prepare a proposal to access and

19  use various entries from the inventory which will launch or

20  boost their economic development efforts. Proposals must be no

21  more than 20 pages long and include:

22         1.  A brief description of how the community would use

23  entries from the inventory in the community's economic

24  development strategy;

25         2.  Specific evidence of community support for the

26  proposal from community-based organizations, local government,

27  regional workforce development boards, and local economic

28  development organizations;

29         3.  Identification and commitment of local resources

30  for the proposal from community-based organizations, local

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    Florida Senate - 2000                            CS for SB 418
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  1  government, regional workforce development boards, and local

  2  economic development organizations;

  3         4.  Identification of the specific entity or person

  4  responsible for coordinating the community's proposal; and

  5         5.  Identification of a local fiscal entity for

  6  contracting, administration, and accountability.

  7         (e)  The coordinating partners shall appoint a liaison

  8  to assist each community with the proposal and its

  9  implementation, if awarded. These liaisons shall have the

10  assistance of the Executive Office of the Governor, the

11  agencies of state government, and their employees. If a state

12  employee is not able to assist a liaison because of state law

13  or regulation, the liaison shall notify the coordinating

14  partners and the Office of Program Policy Analysis and

15  Government Accountability concerning the impasse and develop a

16  strategy to resolve such impasse. Upon a written request of a

17  liaison, the Governor may, by executive order or emergency

18  rule, address a regulatory or procedural impasse, enabling

19  prompt implementation of a community's proposal, if awarded.

20         (f)  The coordinating partners shall design an

21  impartial and competitive proposal-review process and

22  evaluation criteria. Based on the evaluation criteria, up to

23  nine communities shall be designated to participate in the

24  Start-Up Initiative. Once a community is designated, the

25  coordinating partners and the community's liaison will work to

26  finalize the proposal, including the addition of funding

27  sources for each inventory entry. The finalized proposal shall

28  serve as the contract between the community and the Start-Up

29  Initiative. If sufficient funding does not exist for an entry

30  that is essential for the community's proposal or a community

31  is ineligible for a specific inventory entry, the coordinating

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  1  partners may direct funding that is under their control to

  2  fulfill the entry or may seek additional funding for the entry

  3  as provided in this section. The proposal must be operational

  4  within 3 months after approval.

  5         (g)  Proposals that would mainly result in

  6  gentrification of the community, that would not employ a

  7  preponderance of residents, and that predominately create

  8  residences or businesses that are beyond the anticipated

  9  income level of the working residents of the community are not

10  eligible. Proposal awards shall be obligated to the community

11  and the funds carried forward until the completion of the

12  proposal. Such obligated and carried forward funds are

13  considered appropriated for budgeting purposes notwithstanding

14  any other provision in law. The coordinating partners may

15  direct funding that is appropriated to their control to fund

16  this initiative and, if necessary, may seek budget amendments

17  to redirect funding to this initiative. Any federal Temporary

18  Assistance for Needy Families (TANF) Block Grant funding

19  appropriated to assist needy families, or to promote job

20  placement and employment retention, which is in excess of

21  revenues necessary to fulfill the appropriated purpose and

22  which may not be obligated during the budget year may be

23  redirected to this initiative to support an approved proposal.

24  Any federal funds must be used for purposes consistent with

25  applicable federal law; however, the coordinating partners,

26  with the assistance of the Department of Children and Family

27  Services, shall aggressively pursue innovative uses of federal

28  funds to support projects that train community leaders,

29  upgrade individuals skills, promote safety, clean up

30  communities, beautify neighborhoods, encourage small business,

31  stimulate employment, increase educational opportunity,

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  1  promote community partnering, advance community redevelopment,

  2  and upgrade housing because it assists needy families,

  3  promoting self-sufficiency and job retention. The coordinating

  4  partners shall adopt procedures for the Start-Up Initiative

  5  and may, if necessary, adopt, through the Department of

  6  Community Affairs, emergency rules to govern the submission of

  7  proposals, the evaluation of proposals, the initiative awards,

  8  and the implementation procedures for administration of

  9  awards.

10         (9)  LIFELINES.--Annually, the coordinating partners

11  may recommend to agencies or organizations five lifelines for

12  specific communities. Such lifelines shall indicate that, in

13  the unanimous judgment of the coordinating partners, a

14  proposal submitted to the head of an agency or organization

15  will have a transforming positive impact on the economically

16  distressed community. The head of the agency or organization

17  may, based on his or her concurrence with the recommendation

18  and after consultation with the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives,

20  recommend approval of the proposal to the Cabinet. The Cabinet

21  may, notwithstanding any other law or regulation, approve the

22  proposal. Any such lifeline recommendations and approvals must

23  be adopted in a public meeting, and all records, documents,

24  and contacts relating to that project will be assembled and

25  available to the public at the meetings. No community shall be

26  eligible or receive a second lifeline recommendation.

27         (10)  FUNDING.--

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

29  coordinating partners are authorized and appropriated up to

30  $25 million from Temporary Assistance for Needy Families

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  1  (TANF) Block Grant through the TANF administrative entity at

  2  the Department of Management Services.

  3         (b)  Any expenditure from the TANF Block Grant shall be

  4  in accordance with the requirements and limitations of Title

  5  IV of the Social Security Act, as amended, or any other

  6  applicable federal requirement or limitation in law. Prior to

  7  any expenditure of such funds, the Workforce Development Board

  8  of Enterprise Florida, Inc., and the secretary of the

  9  Department of Children and Family Services, or his or her

10  designee, shall certify that controls are in place to ensure

11  that such funds are expended and reported in accordance with

12  the requirements and limitations of federal law. It shall be

13  the responsibility of any entity to which funds are awarded to

14  obtain the required certification prior to any expenditure of

15  funds.

16         (11)  MONITORING AND REPORTING.--

17         (a)  The independent entity selected by the

18  coordinating partners shall certify performance by the

19  designated communities identified under subsection (8) for the

20  Start-Up Initiative. This independent entity shall also

21  identify three other similar communities to serve as a control

22  group to compare performance and impact. The independent

23  entity must measure performance trends and impact in the three

24  control group communities, the six communities that applied

25  for the Start-Up Initiative but were not selected, and the

26  communities selected to participate in the Start-Up

27  Initiative. The three control group communities shall be known

28  only to the independent entity until the completion of the

29  entity's review. The independent entity shall develop, working

30  with the Office of Program Policy Analysis and Government

31  Accountability and the coordinating partners, measures and

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  1  criteria by October 1, 2001, for evaluating the effectiveness

  2  of the Toolkit for Economic Development, including the

  3  liaisons, coordinating partners, waivers and matching options,

  4  inventory, Start-Up Initiative, and lifelines.

  5         (12)  REPEAL.--This section expires June 30, 2002.

  6         Section 2.  This act shall take effect upon becoming a

  7  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 418

  3

  4  This committee substitute replaces the Comeback Communities
    grant program created in the bill with a program called the
  5  Toolkit for Economic Development (TED), for the purpose of
    creating jobs and promoting self-sufficiency among residents
  6  of Front Porch Florida communities and other economically
    distressed communities. TED creates various initiatives to
  7  achieve this purpose, which include:

  8  -Liaisons: Requires 24 agencies to name liaisons who will work
    together to cut red tape for programs that can help
  9  economically distressed communities.

10  -Coordinating Partners: The Office of Tourism, Trade, and
    Economic Development, the Office of Urban Opportunity, the
11  Department of Community Affairs, Enterprise Florida, Inc., and
    the state Workforce Development Board must work together as a
12  team to manage assistance that is available for these
    communities.
13
    -Fee Waivers & Matching Fund Options: The coordinating
14  partners can request waivers or pay the application fees or
    local matching requirements of economically distressed
15  communities for federal, state, or foundation programs.

16  -Inventory: The coordinating partners, in consultation with
    the liaisons, must assemble the best and most easily used
17  programs that federal and state government authorize, and
    provide that inventory and application help to economically
18  distressed communities.

19  -Start-Up Initiative: The coordinating partners must identify
    15 distressed communities and Front Porch Communities and
20  allow them to apply for nine Start-up Initiative Awards. These
    communities must pledge local resources and plan to use the
21  inventory's programs to make their community rapidly become
    more economically self-sufficient. The coordinating partners
22  must provide assistance with inventory programs and back-up
    funding to effectuate the nine communities' proposals.
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    -Lifelines: If the coordinating partners identify a proposal
24  with potential to transform a community, which proposal cannot
    be tackled with the other five tools, they can recommend a
25  "lifeline" for the community. If an appropriate agency head
    concurs with the recommendation, after consultation with the
26  Governor, the President of the Senate, and the Speaker of the
    House of Representatives, the agency head can recommend
27  approval of the project and the Cabinet can approve it to go
    forward.
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