Senate Bill 0080c1

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    Florida Senate - 2000                             CS for SB 80

    By the Committee on Fiscal Policy and Senator Kurth





    309-1669-00

  1                      A bill to be entitled

  2         An act relating to grant proposals for

  3         community centers; authorizing the Department

  4         of Community Affairs to administer a grant

  5         program for funding the acquisition,

  6         renovation, or construction of community

  7         centers; authorizing counties, municipalities,

  8         special districts, and certain nonprofit

  9         corporations to apply for such grants;

10         requiring that a grant recipient provide

11         certain matching funds; providing for

12         preference to be given to certain projects;

13         providing requirements for grant recipients;

14         providing for a review panel to review grant

15         applications; providing for membership of the

16         review panel and terms of office; requiring the

17         review panel to annually recommend grant

18         recipients to the Secretary of Community

19         Affairs; providing that the department may not

20         allocate a project grant unless the funds are

21         appropriated by the Legislature; authorizing

22         the Department of Community Affairs to adopt

23         rules; providing an effective date.

24

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

26

27         Section 1.  Grants for acquisition, renovation, or

28  construction of community centers; funding; approval;

29  allocation.--

30         (1)(a)  The Department of Community Affairs may accept

31  and administer moneys appropriated to it for providing grants

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    Florida Senate - 2000                             CS for SB 80
    309-1669-00




  1  to counties, municipalities, special districts, and qualified

  2  corporations for the acquisition, renovation, or construction

  3  of community centers. As used in this section, the term

  4  "community center" means a free-standing building owned or

  5  managed by a county, municipality, special district, or

  6  qualified corporation that provides recreational

  7  opportunities, educational programs, and meeting rooms for the

  8  community. This definition also includes recreational centers

  9  or other similar facilities to the extent that they comply

10  with these criteria.

11         (b)  Eligible expenses shall include, but not be

12  limited to, feasibility studies, planning reports, property

13  appraisals, title searches, property purchases, surveys and

14  borings, site and facility plans, designs and permits, site

15  preparation, utility systems, site and facility security,

16  access features, building areas and spaces, equipment and

17  furniture, graphics and signage, landscape beautification, and

18  project management. Expenses that occur in the time period

19  that begins two calendar years prior to the announcement of a

20  grant application submission cycle and ends on the grant

21  completion date stipulated in the executed grant agreement for

22  a project shall be eligible for reimbursement. Should an

23  approved and recommended project be retained on a project list

24  for a subsequent grant cycle as described in paragraph (3)(b),

25  the original eligible expenses date shall remain in effect.

26         (2)(a)  A county, municipality, special district, or

27  qualified corporation may apply for a grant of state funds to

28  acquire, renovate, or construct a community center. As used in

29  this section, the term "special district" means a special

30  district, as defined in s. 189.403, that has official

31  responsibilities for the provision of community center

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    Florida Senate - 2000                             CS for SB 80
    309-1669-00




  1  facilities or services. As used in this section, the term

  2  "qualified corporation" means a corporation that is designated

  3  as a not-for-profit corporation pursuant to s. 501(c)(3) or

  4  (4) of the Internal Revenue Code of 1954; is described in, and

  5  allowed to receive contributions pursuant to, s. 170 of the

  6  Internal Revenue Code of 1954; and is a corporation not for

  7  profit incorporated under chapter 617, Florida Statutes. 

  8         (b)  The state grant may be used to cover up to 75

  9  percent of the project cost, and the county, municipality,

10  special district, or qualified corporation must demonstrate to

11  the department that funds are available and committed to the

12  project. The maximum amount that may be awarded to a single

13  project under this section is $1.5 million.

14         (c)  The county, municipality, special district, or

15  nonprofit corporation must demonstrate to the department that

16  the community supports the project and has dedicated funds to

17  operate and maintain the community center.

18         (d)  The department shall give preference to projects

19  that are located in:

20         1.  Enterprise zones, empowerment zones, and services

21  areas in which at least 75 percent of the residents are of low

22  or moderate income, as defined by the United States Department

23  of Housing and Urban Development; or

24         2.  Communities that have fewer than one community

25  center per 35,000 residents.

26         (e)  Ten percent or $150,000, whichever is less, of the

27  grant funds awarded under this section may be used by the

28  Department of Community Affairs for administrative purposes

29  contingent upon approval of an expenditure plan pursuant to

30  the legislative consultation and review requirements set forth

31  in s. 216.177.

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    Florida Senate - 2000                             CS for SB 80
    309-1669-00




  1         (f)  Each applicant that receives a grant must

  2  continually monitor its performance under the grant-supported

  3  activities to ensure that time schedules are met, project

  4  objectives are accomplished within specified time periods, and

  5  other performance goals are achieved.

  6         (g)  Grants may not continue for more than 36 months.

  7         (3)(a)  A review panel shall review each application

  8  for a grant to acquire, plan, design, permit, renovate, or

  9  construct a community center which is submitted under

10  subsection (2). The Governor, the President of the Senate, and

11  the Speaker of the House of Representatives shall each appoint

12  two members to serve on the review panel, and those six

13  members shall jointly appoint a seventh member to the panel.

14  Members of the panel shall be appointed to 3-year terms and

15  may not be reappointed to the panel within 1 year after

16  completing a 3-year term. In order to provide for staggered

17  terms, the Governor, the President of the Senate, and the

18  Speaker of the House of Representatives shall each initially

19  appoint one member to a 1-year term. A vacancy on the panel

20  shall be filled for the unexpired portion of the term in the

21  same manner as the original appointment. The review panel

22  shall elect a chairperson from among its members to serve a

23  1-year term and the chairperson may be reelected.

24         (b)  Beginning in Fiscal Year 2002-2003, the review

25  panel shall annually submit to the Secretary of Community

26  Affairs for approval a list of all applications that the panel

27  recommends be included by the Department of Community Affairs

28  in its legislative budget request for an award of grants,

29  arranged in order of priority. However, for Fiscal Year

30  2001-2002, the review panel must submit the list to the

31  Speaker of the House of Representatives and the President of

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    Florida Senate - 2000                             CS for SB 80
    309-1669-00




  1  the Senate by December 31, 2000. The department may allocate

  2  grants only for projects for which the Legislature has

  3  appropriated funds. Any project that is approved and

  4  recommended by the Secretary of Community Affairs but which is

  5  not funded by the Legislature shall be retained on the project

  6  list for the subsequent grant cycle. Thereafter, the grant

  7  applicant must submit the information required by the

  8  department in compliance with the established deadline date of

  9  the latest grant cycle in order to adequately indicate the

10  current status of the project.

11         (4)  The Department of Community Affairs shall adopt by

12  rule criteria to be applied by the review panel in

13  recommending applications for the award of grants and shall

14  adopt rules for administering this section.

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

16  law.

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                          Senate Bill 80

20

21  The committee substitute includes special districts among
    those eligible to participate in the grant award process.
22
    The committee substitute defines eligible expenses under the
23  grant award process.

24  Subject to appropriation by the Legislature, the bill will
    transfer to the Department of Community Affairs $150,000 or 10
25  percent of the total grant proceeds awarded, whichever is
    less, to administer grant awards under the provisions of the
26  bill.

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