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    Florida House of Representatives - 2001                HB 1645

        By Representatives Romeo and Spratt






  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         priority of funding; requiring the Department

16         of Community Affairs to adopt rules; providing

17         for development of a nature-and-heritage-based

18         tourism business micro-loan program; providing

19         for establishment of a revolving loan fund;

20         providing for educational technology pilot

21         programs to be established by the Department of

22         Management Services; providing for agricultural

23         diversification pilot projects to be

24         administered by the Department of Agriculture

25         and Consumer Services; providing for review and

26         evaluation by the Office of Program Policy

27         Analysis and Government Accountability;

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

29         conditions for adoption of local comprehensive

30         plan amendments for rural activity centers and

31         rural heritage areas; amending s. 187.201,

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  1         F.S.; modifying goals of the State

  2         Comprehensive Plan to include housing for

  3         specified persons in rural areas and

  4         development of nature-based tourism; providing

  5         a policy of fostering integrated and

  6         coordinated community planning efforts;

  7         providing support for rural communities in

  8         developing nature-and-heritage-based tourism

  9         enterprises; providing support for landowners

10         who wish their lands to remain in agricultural

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

12         credit against sales tax for businesses located

13         in an enterprise zone within a rural county or

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

15         providing enterprise-zone jobs credits for

16         businesses within jurisdiction of a rural local

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

18         providing a condition for designating

19         communities within the jurisdiction of a rural

20         local government as an enterprise zone;

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

22         the Florida Housing Finance Corporation;

23         providing an appropriation; providing an

24         effective date.

25

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

27

28         Section 1.  Florida Rural Heritage Act.--

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

30  "Florida Rural Heritage Act."

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

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  1         (a)  Fiscally and culturally strong rural communities

  2  are beneficial to regional and state economies and resources;

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

  4  compact, efficient urban growth patterns; and should be

  5  promoted by state, regional, and local governments.

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

  7  benefit their respective regions and the state; conversely,

  8  the deterioration of those rural areas negatively impacts the

  9  surrounding area and the state.

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

11  relationships among rural communities, agricultural lands,

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

13  respective governments should establish a framework and work

14  in partnership with communities and the private sector to

15  revitalize rural areas.

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

17  regional agencies, local governments, and the private sector

18  in creating economic prosperity and preserving the unique

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

20  policy should encourage and assist local governments in

21  addressing issues including adequate provision of

22  infrastructure, affordable housing, human services, safe

23  neighborhoods, agricultural profitability, educational

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

25  diversification and development to sustain rural communities

26  into the future.

27         (e)  Successfully revitalizing and sustaining rural

28  areas depends on addressing, through an integrated and

29  coordinated community effort, a range of varied components

30  essential to a healthy rural environment, including cultural,

31  educational, recreational, economic, transportation, land use,

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  1  information technology, and social service delivery

  2  components.

  3         (f)  Identification of rural activity centers and of

  4  strategies to promote economic prosperity while protecting

  5  rural character are recognized as important components and

  6  useful mechanisms to promote and sustain rural areas. State

  7  and regional entities and local governments should provide

  8  incentives to promote community-based processes to identify

  9  such centers and strategies. Existing programs and incentives

10  should be integrated to the extent possible to promote sound

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

12  policy.

13         (g)  Full funding for rural transportation and water

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

15  information technology are important investments by the state

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

17  integral components of a state rural policy.

18         (h)  Many rural local governments are hindered by

19  limited staff and capacity in their efforts to secure

20  available resources. A state rural policy should assist local

21  governments in identifying and accessing needed resources for

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

23  maximize the efficiency of rural local governments' existing

24  staff and other resources.

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

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

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

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

29  rural policy should assist state agencies and local

30  governments in creating and marketing tools for increasing the

31

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  1  profitability of agricultural land uses and other incentives

  2  for conserving the state's agricultural lands.

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

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

  5  their vacation, a state rural policy should encourage the

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

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

  8  natural and cultural resources, and contributes to economic

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

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

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

12  municipality.

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

14  designated by a local government where:

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

16         2.  Public services, including water services,

17  transportation infrastructure, schools, and recreation are

18  already available or are scheduled to be provided in an

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

20  has historically served as a commercial business center or

21  site of public buildings for surrounding rural residents.

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

23  redevelopment areas, brownfields, enterprise zones, or

24  Mainstreet programs, federal Empowerment Zones, Enterprise

25  Communities, Champion Communities, or Brownfield Showcase

26  Communities.

27

28  The Rural Activity Center will serve and be developed as a

29  "town center," promoting compact, efficient development within

30  the Rural Activity Center, and allowing lower density

31

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  1  development that retains rural character within the remaining

  2  portions of the designated Rural Heritage Area.

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

  4  designated by a local government or governments through

  5  interlocal agreement where:

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

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

  8  or other non-developed uses;

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

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

11  county, rural municipality, or rural community as defined in

12  section 288.106, Florida Statutes;

13         3.  The area may comprise a single rural county as

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

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

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

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

18  rural municipalities, as defined in section 288.106, Florida

19  Statutes, and may include unincorporated areas between or

20  surrounding the rural municipalities provided that all parts

21  of the designated area meet the above criteria.

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

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

24  interlocal agreement, may designate a geographic area or areas

25  within the applicable jurisdiction as a Rural Heritage Area

26  for the purpose of convening a community-based holistic

27  planning process to identify community problems and assets,

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

29  strategic plan for implementing asset-based solutions to the

30  problems identified.

31

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

  2  interlocal agreement, may designate a geographic area or areas

  3  within the applicable jurisdiction and within a designated

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

  5  of targeting economic development, job creation, housing,

  6  transportation and other infrastructure, neighborhood

  7  revitalization and preservation, the promotion of rural land

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

  9  encourage mixed-use development that will revitalize the Rural

10  Activity Center area as a functioning downtown that can serve

11  residents of surrounding rural areas.

12         (c)  Designation of a Rural Heritage Area or Rural

13  Activity Center does not exempt the local government from the

14  process required under chapter 163, Florida Statutes, for

15  amending the comprehensive plan within the designated area.

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

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

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

19  community participation process must be implemented in each

20  proposed Rural Heritage Area. The process must involve

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

22  organizations; neighborhood associations; educational, health

23  care, and religious organizations; area residents, including

24  low-income residents; appropriate local government

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

26  institutions of higher education.

27         (b)  The objective of the community participation

28  process is to produce an integrated plan that benefits the

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

30  designated area to participate in the design and

31  implementation of the Rural Heritage Area plan, including the

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

  2  optimizing scarce resources. The planning process must be

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

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

  5  tourism industry, land use, affordable housing,

  6  infrastructure, education, health care, public safety,

  7  financial capacity, both public and private, information

  8  technology, workforce development, ecological conservation,

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

10  applicable, and, the role of local government.

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

12  government may demonstrate that an existing plan or

13  combination of plans includes the factors listed in paragraph

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

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

16  planning process. If the area constitutes or contains a

17  federally designated Empowerment Zone, Enterprise Community,

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

19  application for that designation will serve to meet the

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

21  allow the community to apply for implementation grants under

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

23         (d)  A local government seeking to designate a

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

25  that describes means of promoting economic prosperity and

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

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

28  commitment to comprehensively addressing the problems within

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

30  resources that can help accomplish locally identified goals

31  such as improved educational opportunities; economic

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  1  diversification and development; the future of agricultural

  2  land uses in the planning area; provision of infrastructure

  3  needs, including information technology infrastructure;

  4  prioritizing, pooling, and leveraging scarce resources; and

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

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

  7  The plan must also:

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

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

10  within the designation.

11         2.  Contain interlocal agreements, as appropriate,

12  among participating local governments and any regional or

13  nonprofit organizations which express the entities' commitment

14  to collectively designating the area and to coordinated

15  implementation efforts based on the plan.

16         3.  Identify any existing enterprise zones, community

17  redevelopment areas, community development districts,

18  brownfield areas, downtown redevelopment districts, safe

19  neighborhood improvement districts, historic preservation

20  districts, and empowerment zones located within the area

21  proposed for designation.

22         4.  Identify a memorandum of understanding between the

23  district school board and the local government jurisdiction

24  regarding public school facilities located within the Rural

25  Heritage Area to identify how the school board will enhance

26  public school facilities and programs in the designated area.

27         5.  Explain how projects identified in the plan forward

28  the goals of creating economic prosperity for area residents

29  and preserving the rural character and heritage of the

30  planning area. Projects may include land acquisition;

31  demolition, construction, or renovation of structures;

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  1  purchase of conservation easements or development rights on

  2  agricultural, conservation or recreational lands; job-training

  3  programs; investments in educational technologies; capacity

  4  building through existing or new nonprofit organizations;

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

  6  or heritage-based tourism or recreational facilities; or

  7  improvement of the delivery of health care services to rural

  8  residents.

  9         6.  Identify the geographic locations for projects

10  identified through the community participation process and

11  explain how such projects will be implemented.

12         7.  Identify how the local government intends to

13  implement and enhance affordable housing programs as defined

14  in section 420.602, Florida Statutes, including economic and

15  community development programs administered by the Department

16  of Community Affairs and the Florida Housing Finance

17  Corporation within the Rural Heritage Area.

18         8.  If applicable, provide guidelines for the adoption

19  of land-development regulations specific to the Rural Heritage

20  Area which provide for the use or purchase of conservation

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

22  use of other means available to local governments under

23  section 704.06, Florida Statutes, for the purpose of

24  preserving agricultural lands.

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

26  financial and local government incentives which the local

27  government will offer for new development, expansion or

28  renovation of existing development, and redevelopment within

29  any designated Rural Activity Center. Examples of such

30  incentives include:

31         a.  Waiver of license and permit fees.

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

  2  return of property to productive use.

  3         c.  Expedited permitting.

  4         d.  Prioritization of infrastructure spending within

  5  the Rural Heritage Area and Rural Activity Center.

  6         10.  Identify how activities and incentives within the

  7  Rural Heritage Area or Rural Activity Center will be

  8  coordinated and what administrative mechanism the local

  9  government will use for the coordination and monitoring of

10  Rural Heritage Area plan implementation.

11         11.  Provide a list of stakeholders participating in

12  the community planning process, consistent with the list

13  provided in paragraph (a).

14         12.  Identify goals, objectives, performance measures,

15  and baseline data on conditions for evaluating the success of

16  the local government, community-based organizations, and other

17  stakeholders in implementing the Rural Heritage Area plan and

18  in improving economic prosperity and preserving rural

19  character.

20         (e)  The Regional Planning Council covering the

21  geographic location of the Rural Heritage Area, or other

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

23  organizations, may assist the local government in convening

24  the community-based planning process and in preparing the

25  Rural Heritage Area plan provided that the process and

26  resulting plan meet all other requirements as described in

27  this section.

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

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

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

31  public hearing on the ordinance must be in the form

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

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

  3  for counties.

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

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

  6  comprehensive land-use plan under section 163.3187, Florida

  7  Statutes, to delineate the Rural Heritage Area within the

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

  9  amendment to the local comprehensive plan to designate a Rural

10  Heritage Area or Rural Activity Center is exempt from the

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

12  Statutes.

13         (6)  ECONOMIC INCENTIVES, REPORTS, TECHNICAL

14  ASSISTANCE.--

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

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

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

18  increment financing under section 163.387, Florida Statutes,

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

20  appropriate, particularly within designated Rural Activity

21  Centers.

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

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

24  powers granted under section 163.514, Florida Statutes, for

25  community redevelopment neighborhood improvement districts,

26  including the authority to levy special assessments as

27  appropriate, particularly within designated Rural Activity

28  Centers.

29         (c)  State agencies that provide funding for

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

31  governments, including the Department of Environmental

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  1  Protection (Clean Water State Revolving Fund, Drinking Water

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

  3  Control Bond Program); the Department of Community Affairs

  4  (Economic Development and Housing Program, Florida Communities

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

  6  Department of Transportation, shall report to the President of

  7  the Senate and the Speaker of the House of Representatives by

  8  January 1, 2002, regarding statutory and rule changes

  9  necessary to give Rural Heritage Areas identified by local

10  governments that have completed the community-based planning

11  process an elevated priority in infrastructure funding, loan,

12  and grant programs.

13         (d)  State agencies that provide funding to local

14  governments shall identify grant programs for which local

15  government cash match requirements will be waived or replaced

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

17  permanent Resource Development staff position within the local

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

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

20  government applicants that have successfully completed the

21  Rural Heritage Area grant program community planning process.

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

23  Speaker of the House of Representatives by September 1, 2001,

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

25  cost of implementation.

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

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

28  with state agencies and other organizations that provide

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

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

31  semiannually to every rural county and city government as

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  1  defined in section 288.106, Florida Statutes, the Rural

  2  Resource Directory, which describes resources, including

  3  federal resources, which are available to rural local

  4  governments and how to access them. The publication must

  5  include statutory provisions that enable local governments to

  6  raise or direct revenues toward the goals of promoting

  7  economic prosperity while preserving rural character. To the

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

  9  Regional Planning Councils, the Small County Technical

10  Assistance Program, the Local Government Financial Technical

11  Assistance Program, the State University System, or other

12  relevant organizations to provide, technical assistance to all

13  rural local governments to access these resources.

14         (f)  Provision by REDI or other organizations

15  identified in paragraph (e) of technical assistance in

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

17  an automatic result of successful completion of the Rural

18  Heritage Area community planning process.

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

20  Development Council and state agencies to develop a simple,

21  uniform grant application form for use by local government

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

23  application process should incorporate the sharing of known

24  information about local governments among state government

25  agencies in order to maximize the efficiency of local

26  governments' efforts to secure available resources. The

27  uniform grant application must be adopted for use by state

28  agencies by July 1, 2002.

29         (7)  GRANT PROGRAM.--

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

31  assist local governments in adopting Rural Heritage Areas,

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  1  completing the community-based planning process, and

  2  implementing elements of the resulting Rural Heritage Area

  3  plan.

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

  5  appropriated for the Rural Heritage Grant Program must be

  6  available for conducting the community-based planning process

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

  8  percent of the general revenue appropriated for the Rural

  9  Heritage Grant Program must be available for implementing

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

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

12  local government may allocate grant money to special

13  districts, including community redevelopment agencies and

14  nonprofit community development organizations, to implement

15  projects consistent with an adopted Rural Heritage Area plan

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

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

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

19  process of identifying Rural Heritage Areas, assembling a core

20  group of community-based participants, and applying for

21  planning grants. The remaining 1 percent must be made

22  available for administrative costs incurred by the Department

23  of Community Affairs for implementing the Rural Heritage Grant

24  Program and the Urban Infill and Redevelopment Assistance

25  Grant Program. Projects that provide employment opportunities

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

27  priority in the scoring of competing grant applications. To

28  encourage rural-urban partnerships and regional planning,

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

30  in regional or partnership projects with communities eligible

31  to participate in the Urban Infill and Redevelopment

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  1  Assistance Grant Program. The Division of Housing and

  2  Community Development of the Department of Community Affairs

  3  shall administer the grant program.

  4         (c)  Priority for funding under the Rural Heritage

  5  Grant Program shall be given to Rural Heritage Areas in which

  6  a majority of the populated portions of the area are

  7  characterized by pervasive poverty, unemployment, and general

  8  distress, as defined in section 290.0058, Florida Statutes.

  9         (d)  The Department of Community Affairs, in

10  consultation with the REDI, shall adopt rules establishing

11  grant review criteria consistent with this section. Actions

12  required by this paragraph are contingent upon funds being

13  provided to implement the Rural Heritage Grant Program.

14         (e)  If the local government fails to implement

15  sections of the Rural Heritage Area plan funded through a

16  Rural Heritage Area implementation grant pursuant to the

17  deadlines specified in the grant agreement, the Department of

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

19  rescind the economic and regulatory incentives granted to a

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

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

22  rescind may be initiated 90 days after issuing a written

23  letter of warning to the local government.

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

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

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

27  288.1224, Florida Statutes, shall work with Enterprise

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

29  Development, VISIT FLORIDA, the Rural Economic Development

30  Initiative, the Florida Fish and Wildlife Conservation

31  Commission, the Division of Recreation and Parks of the

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  1  Florida Department of Environmental Protection, and other

  2  appropriate entities to develop a statewide micro-loan program

  3  for the purpose of financing the creation and enhancement of

  4  small businesses providing nature-based or heritage-based

  5  tourism experiences. Examples include bicycle rentals, canoe

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

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

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

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

10  and Economic Development, as authorized under section 14.2015,

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

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

13  288.9618, Florida Statutes. Enterprise Florida, Inc., shall

14  establish with funds appropriated for this purpose a revolving

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

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

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

18  entities shall advise Enterprise Florida, Inc., regarding

19  micro-loan program design, eligibility criteria, eligible

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

21  begin providing loans to eligible businesses by March 1, 2002.

22  Notwithstanding the provisions of section 216.301, Florida

23  Statutes, funds appropriated for this purpose are not subject

24  to reversion.

25         (9)  EDUCATIONAL TECHNOLOGY PILOT PROGRAM.--

26         (a)  The Department of Management Services, in

27  consultation with the Department of Education, the regional

28  consortium service organizations, established under section

29  228.0857, Florida Statutes, and institutions of higher

30  education, shall establish two pilot projects in rural schools

31  that use wireless or other technologies to provide interactive

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  1  learning opportunities and Internet access, in order to

  2  illustrate ways to increase access to quality educational

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

  4  pilots must include linkages to existing information

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

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

  7  county or municipal government, health care facility, or

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

  9  illustrate ways to increase access to quality educational

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

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

12  existing applications to create community-based networks, and

13  to foster opportunities for innovative distribution of

14  existing funds.

15         (b)  The Department of Management Services shall select

16  the rural schools or districts that will participate in the

17  pilot projects in consultation with the Department of

18  Education and the Florida Distance Learning Network Advisory

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

20  The selection process shall be based on the following

21  criteria:

22         1.  Through evaluation of the school improvement plan,

23  demonstration of how the school or district will leverage

24  additional connectivity provided through the pilot project to

25  improve student achievement;

26         2.  If the pilot project involves wireless technology,

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

28  effectively deploy wireless technology based on existing

29  infrastructure;

30

31

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  1         3.  Demonstration of commitment of the leadership of

  2  the school or district to use technology to improve teaching

  3  and learning;

  4         4.  If the pilot project involves wireless technology,

  5  potential cost savings or improved access resulting from the

  6  use of wireless rather than traditional connectivity

  7  technology;

  8         5.  The ability to use the technology infrastructure in

  9  other local government applications within the service area;

10         6.  Demonstration of willingness and ability of the

11  community to assume ongoing costs to maintain the pilot

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

13  ability may be demonstrated through intracommunity agreements

14  or other means; and

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

16         (c)  The Department of Management Services, in

17  consultation with the Department of Education and the Florida

18  Distance Learning Network Advisory Council, shall develop

19  performance standards for the pilot projects consistent with

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

21  Florida Statutes, and broader community-based standards as

22  appropriate, and shall evaluate the progress of the pilot

23  projects at least annually based on the performance standards.

24         (10)  AGRICULTURAL CONSERVATION AND PROFITABILITY.--

25         (a)  The Department of Agriculture and Consumer

26  Services, in consultation with the University of Florida and

27  the Florida Agricultural and Mechanical University, shall

28  establish four pilot projects aimed at encouraging

29  agricultural diversification throughout the state. Two of the

30  projects must introduce alternative crops, such as hot

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

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  1  techniques, for example, greenhouse vegetable production in

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

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

  4  that is being adversely impacted by reductions in tobacco

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

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

  7  packaging into a farming community as a means of increasing

  8  the profitability of current farm products for local growers.

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

10  development of the state's sturgeon industry or the

11  development or expansion of coastal shellfish enterprises. The

12  purpose of the pilot projects is to demonstrate alternative

13  crops, techniques, and industries that can enhance the

14  profitability and sustainability of agriculture in Florida.

15  The Commissioner of Agriculture shall, in consultation with

16  the Agricultural Economic Development Project Review Committee

17  as described in section 570.248, Florida Statutes, select

18  pilot projects based on evaluation criteria for agricultural

19  economic development projects delineated in section 570.247,

20  Florida Statutes. The Commissioner of Agriculture shall report

21  annually to the Agricultural Economic Development Project

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

23  duration of the projects based on performance measures

24  developed for each project consistent with sections 570.244,

25  570.246, and 570.247, Florida Statutes.

26         (b)  As authorized in section 403.0752, Florida

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

28  planning" pilot projects, the Florida Department of

29  Environmental Protection shall work with willing partners to

30  streamline the permitting process for agricultural land uses.

31

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

  2  Policy Analysis and Government Accountability shall perform a

  3  review and evaluation of the grant program and financial

  4  incentives and the educational technology pilot program. The

  5  report must evaluate the effectiveness of the designation of

  6  rural planning areas in promoting economic prosperity and

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

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

  9  Urban Infill and Redevelopment Assistance Grant Program. A

10  report of the findings and recommendations of the Office of

11  Program Policy Analysis and Government Accountability must be

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

13  the House of Representatives before the 2006 Regular Session

14  of the Legislature.

15         Section 2.  Paragraph (i) of subsection (1) of section

16  163.3187, Florida Statutes, is amended to read:

17         163.3187  Amendment of adopted comprehensive plan.--

18         (1)  Amendments to comprehensive plans adopted pursuant

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

20  calendar year, except:

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

22  designating an urban infill and redevelopment area under s.

23  163.2517 or a Rural Heritage Area or Rural Activity Center

24  under the Florida Rural Heritage Act may be approved without

25  regard to the statutory limits on the frequency of amendments

26  to the comprehensive plan.

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

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

29  read:

30

31

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  1         187.201  State Comprehensive Plan adopted.--The

  2  Legislature hereby adopts as the State Comprehensive Plan the

  3  following specific goals and policies:

  4         (5)  HOUSING.--

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

  6  increase the affordability and availability of housing for

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

  8  rural areas, while at the same time encouraging

  9  self-sufficiency of the individual and assuring environmental

10  and structural quality and cost-effective operations.

11         (b)  Policies.--

12         1.  Eliminate public policies which result in housing

13  discrimination, and develop policies which encourage housing

14  opportunities for all Florida's citizens.

15         2.  Diminish the use of institutions to house persons

16  by promoting deinstitutionalization to the maximum extent

17  possible.

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

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

20  and elderly persons by alleviating housing shortages,

21  recycling older houses and redeveloping residential

22  neighborhoods, identifying housing needs, providing incentives

23  to the private sector to build affordable housing, encouraging

24  public-private partnerships to maximize the creation of

25  affordable housing, and encouraging research into low-cost

26  housing construction techniques, considering life-cycle

27  operating costs.

28         4.  Reduce the cost of housing construction by

29  eliminating unnecessary regulatory practices which add to the

30  cost of housing.

31

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  1         5.  Provide incentives and encourage research to

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

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

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

  5  must take into account the importance of development that

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

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

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

  9  developments.

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

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

12  natural habitats and ecological systems, such as wetlands,

13  tropical hardwood hammocks, palm hammocks, and virgin longleaf

14  pine forests, and restore degraded natural systems to a

15  functional condition.

16         (b)  Policies.--

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

18  wildlife to maintain their environmental, economic, aesthetic,

19  and recreational values.

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

21  to provide recreation, conservation, and related public

22  benefits.

23         3.  Prohibit the destruction of endangered species and

24  protect their habitats.

25         4.  Establish an integrated regulatory program to

26  assure the survival of endangered and threatened species

27  within the state.

28         5.  Promote the use of agricultural practices which are

29  compatible with the protection of wildlife and natural

30  systems.

31

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  1         6.  Encourage multiple use of forest resources, where

  2  appropriate, to provide for timber production, recreation,

  3  wildlife habitat, watershed protection, erosion control, and

  4  maintenance of water quality.

  5         7.  Protect and restore the ecological functions of

  6  wetlands systems to ensure their long-term environmental,

  7  economic, and recreational value.

  8         8.  Promote restoration of the Everglades system and of

  9  the hydrological and ecological functions of degraded or

10  substantially disrupted surface waters.

11         9.  Develop and implement a comprehensive planning,

12  management, and acquisition program to ensure the integrity of

13  Florida's river systems.

14         10.  Emphasize the acquisition and maintenance of

15  ecologically intact systems in all land and water planning,

16  management, and regulation.

17         11.  Expand state and local efforts to provide

18  recreational opportunities to urban areas, including the

19  development of activity-based parks.

20         12.  Protect and expand park systems throughout the

21  state.

22         13.  Encourage the use of public and private financial

23  and other resources for the development of recreational and

24  nature-based tourism opportunities at the state and local

25  levels when consistent with natural-system conservation

26  principles and practices.

27         (16)  LAND USE.--

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

29  preserving the natural resources and enhancing the quality of

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

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

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  1  land and water resources, fiscal abilities, and service

  2  capacity to accommodate growth in an environmentally

  3  acceptable manner.

  4         (b)  Policies.--

  5         1.  Promote state programs, investments, and

  6  development and redevelopment activities which encourage

  7  efficient development and occur in areas which will have the

  8  capacity to service new population and commerce.

  9         2.  Develop a system of incentives and disincentives

10  which encourages a separation of urban and rural land uses

11  while protecting water supplies, resource development, and

12  fish and wildlife habitats.

13         3.  Enhance the livability and character of urban areas

14  through the encouragement of an attractive and functional mix

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

16         4.  Recognize the interwoven nature of the

17  relationships among rural communities, agricultural lands,

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

19  the importance of fiscally and culturally strong rural

20  communities to state and regional economies and resources.

21  Promote state and local programs that foster integrated and

22  coordinated community-planning efforts. Pursue land use,

23  educational, recreational, economic, transportation, housing,

24  information technology, and social service delivery

25  initiatives in the context of community planning goals.

26         5.4.  Develop a system of intergovernmental negotiation

27  for siting locally unpopular public and private land uses

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

29  land development patterns or important natural resources, and

30  the cost-effectiveness of service delivery.

31

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  1         6.5.  Encourage and assist local governments in

  2  establishing comprehensive impact-review procedures to

  3  evaluate the effects of significant development activities in

  4  their jurisdictions.

  5         7.6.  Consider, in land use planning and regulation,

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

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

  8  meet demands; and the potential for flooding.

  9         8.7.  Provide educational programs and research to meet

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

11  needs.

12         (22)  THE ECONOMY.--

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

14  which provides economic stability, maximizes job

15  opportunities, and increases per capita income for its

16  residents.

17         (b)  Policies.--

18         1.  Attract new job-producing industries, corporate

19  headquarters, distribution and service centers, regional

20  offices, and research and development facilities to provide

21  quality employment for the residents of Florida.

22         2.  Promote entrepreneurship and small and

23  minority-owned business startup by providing technical and

24  information resources, facilitating capital formation, and

25  removing regulatory restraints which are unnecessary for the

26  protection of consumers and society.

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

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

29  beaches, forests, historic landmarks, and agricultural and

30  natural resources, and support rural communities in developing

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

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  1  conservation of these natural resources in order to provide

  2  economic benefit to those living in closest proximity to those

  3  assets.

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

  5  through attracting foreign investment and promoting

  6  international banking and trade.

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

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

  9  film, television, and recording production.

10         6.  Promote economic development for Florida residents

11  through partnerships among education, business, industry,

12  agriculture, and the arts.

13         7.  Provide increased opportunities for training

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

15  expanding business.

16         8.  Promote economic self-sufficiency through training

17  and educational programs which result in productive

18  employment.

19         9.  Promote cooperative employment arrangements between

20  private employers and public sector employment efforts to

21  provide productive, permanent employment opportunities for

22  public assistance recipients through provisions of education

23  opportunities, tax incentives, and employment training.

24         10.  Provide for nondiscriminatory employment

25  opportunities.

26         11.  Provide quality child day care for public

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

28         12.  Encourage the development of a business climate

29  that provides opportunities for the growth and expansion of

30  existing state industries, particularly those industries which

31  are compatible with Florida's environment.

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  1         13.  Promote coordination among Florida's ports to

  2  increase their utilization.

  3         14.  Encourage the full utilization by businesses of

  4  the economic development enhancement programs implemented by

  5  the Legislature for the purpose of extensively involving

  6  private businesses in the development and expansion of

  7  permanent job opportunities, especially for the economically

  8  disadvantaged, through the utilization of enterprise zones,

  9  community development corporations, and other programs

10  designed to enhance economic and employment opportunities.

11         (23)  AGRICULTURE.--

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

13  its food, agriculture, ornamental horticulture, aquaculture,

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

15  competitive force in the national and international

16  marketplace.

17         (b)  Policies.--

18         1.  Ensure that goals and policies contained in state

19  and regional plans are not interpreted to permanently restrict

20  the conversion of agricultural lands to other uses, while

21  creating and providing economically viable options for those

22  landowners who wish their lands to remain in agricultural

23  uses.

24         2.  Encourage diversification within the agriculture

25  industry, especially to reduce the vulnerability of

26  communities that are largely reliant upon agriculture for

27  either income or employment.

28         3.  Promote and increase international agricultural

29  marketing opportunities for all Florida agricultural

30  producers.

31

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  1         4.  Stimulate research, development, and application of

  2  agricultural technology to promote and enhance the

  3  conservation, production, and marketing techniques available

  4  to the agriculture industry.

  5         5.  Encourage conservation, wastewater recycling, and

  6  other appropriate measures to assure adequate water resources

  7  to meet agricultural and other beneficial needs.

  8         6.  Promote entrepreneurship in the agricultural sector

  9  by providing technical and informational services.

10         7.  Stimulate continued productivity through investment

11  in education and research.

12         8.  Encourage development of biological pest controls

13  to further the reduction in reliance on chemical controls.

14         9.  Conserve soil resources to maintain the economic

15  value of land for agricultural pursuits and to prevent

16  sedimentation in state waters.

17         10.  Promote the vitality of Florida's agricultural

18  industry through continued funding of basic research,

19  extension, inspection, and analysis services and of programs

20  providing for marketing and technical assistance and the

21  control and eradication of diseases and infestations.

22         11.  Continue to promote the use of lands for

23  agricultural purposes by maintaining preferential property tax

24  treatment through the greenbelt law.

25         12.  Ensure that coordinated state planning of road,

26  rail, and waterborne transportation systems provides adequate

27  facilities for the economical transport of agricultural

28  products and supplies between producing areas and markets.

29         13.  Eliminate the discharge of inadequately treated

30  wastewater and stormwater runoff into waters of the state.

31         (24)  TOURISM.--

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

  2  tourists annually by 1995 and shall support efforts by all

  3  areas of the state wishing to develop or expand

  4  tourist-related economies.

  5         (b)  Policies.--

  6         1.  Promote statewide tourism and support promotional

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

  8  visitors.

  9         2.  Acquire and manage public lands to offer visitors

10  and residents increased outdoor experiences.

11         3.  Promote awareness of historic places and cultural

12  and historical activities.

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

14  industry that meets growing public demand, protects the

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

16  economic prosperity, especially in the state's rural

17  communities.

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

19  212.096, Florida Statutes, is amended to read:

20         212.096  Sales, rental, storage, use tax; enterprise

21  zone jobs credit against sales tax.--

22         (2)

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

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

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

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

27  are residents of an enterprise zone, excluding temporary and

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

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

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

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

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

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

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

  4  regardless of the percentage of employees of the business

  5  residing in the enterprise zone, provided that the employees

  6  are residents of the county within which the rural enterprise

  7  zone is located;

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

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

10  exceed $1,500 a month; or

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

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

13  a WAGES Program participant pursuant to chapter 414.

14

15  For purposes of this paragraph, monthly wages shall be

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

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

18  the compensation paid to such employee that is subject to

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

20  consecutive months, beginning with the first tax return due

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

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

23  220.181, Florida Statutes, is amended to read:

24         220.181  Enterprise zone jobs credit.--

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

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

27  business located in an enterprise zone which employs one or

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

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

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

31  $1,500 a month. If no less than 20 percent of the employees of

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  1  the business are residents of an enterprise zone, excluding

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

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

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

  5  consecutive months. If the business is located in an

  6  enterprise zone within the jurisdiction of a rural county or

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

  8  15 percent of the actual monthly wages paid in this state to

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

10  months, regardless of the percentage of employees of the

11  business residing in the enterprise zone, provided the

12  employees are residents of the county within which the rural

13  enterprise zone is located;

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

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

16  exceed $1,500 a month; or

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

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

19  a welfare transition program participant.

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

21  Statutes, is amended to read:

22         290.0055  Local nominating procedure.--

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

24  a county and one or more municipalities together, for

25  designation as an enterprise zone shall be eligible for

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

27  criteria:

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

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

30  of not more than three noncontiguous parcels.

31

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

  2  mileage limitation:

  3         2.  For communities having a total population of

  4  150,000 persons or more, the selected area shall not exceed 20

  5  square miles.

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

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

  8  area shall not exceed 10 square miles.

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

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

11  area shall not exceed 5 square miles.

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

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

14  area shall not exceed 3 square miles.

15         6.  For communities having a total population of less

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

17  square miles.

18         7.  For communities within the jurisdiction of a rural

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

20  must not exceed 15 square miles, regardless of total

21  population.

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

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

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

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

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

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

28  than 50,000.

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

30  unemployment, and general distress, as described and measured

31  pursuant to s. 290.0058.

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  1         Section 7.  Section 420.507, Florida Statutes, is

  2  amended to read:

  3         420.507  Powers of the corporation.--The corporation

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

  5  and effectuate the purposes and provisions of this part,

  6  including the following powers which are in addition to all

  7  other powers granted by other provisions of this part:

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

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

10  thereof, and to make and execute contracts and other

11  instruments necessary or convenient to the exercise of the

12  powers of the corporation.

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

14  housing needs within the state and ways of meeting those

15  needs.

16         (3)  To participate in federal housing assistance and

17  federal community development, insurance, and guarantee

18  programs and to agree and comply with any conditions attached

19  to federal financial assistance, including, without

20  limitation, the waiver of exemption from federal income

21  taxation on interest payable on its bonds, unless expressly

22  prohibited by this act.

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

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

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

26  limited to, reimbursement of costs of financing by the

27  corporation, service charges and insurance premiums as the

28  corporation shall determine to be reasonable and as shall be

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

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

31

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

  2  insurer, lender, or servicing agent.

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

  4  interest therein when such acquisition is necessary or

  5  appropriate to protect any loan or to participate in any

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

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

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

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

10  effected with reasonable promptness or at a reasonable price,

11  to lease such property for occupancy.

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

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

14  the United States Department of Agriculture for the purposes

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

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

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

18  funds or moneys of the corporation available therefor and to

19  hold, cancel, or resell such bonds.

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

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

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

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

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

25  State Board of Administration or by another trustee appointed

26  for that purpose.

27         (9)  To set standards for residential housing financed

28  by the corporation under this chapter and to provide for

29  inspections to determine compliance with those standards.

30

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

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

  3  person or corporation.

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

  5  in connection with any bonds of the corporation and the

  6  corporation's operations or property, including without

  7  limitation:

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

  9  mortgage loans.

10         (b)  Any project.

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

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

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

14  therefor.

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

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

17  pursuant to the provisions of chapter 120.

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

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

20  Heritage Act.

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

22  on a contract basis for rendering professional and technical

23  assistance and advice.

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

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

26  including, without limitation, the regulation of eligible

27  persons and the admission of tenants and other occupants or

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

29  regulatory and other agreements and contracts under the

30  provisions of this part.

31

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

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

  3  residential housing financed under the provisions of this part

  4  in any court of competent jurisdiction to enforce the

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

  6  agreement or contract between the corporation and such person

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

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

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

10  maintain such residential housing.

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

12  policy or policies of group life insurance or disability

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

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

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

16  premiums therefor.

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

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

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

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

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

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

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

24  or other agreement, including without limitation foreclosure

25  of the security interest on the property securing such a

26  mortgage loan; provided that any such action or proceeding

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

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

29  of the corporation, and in connection with any such

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

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

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  1  administer, pay the principal of and interest on any

  2  obligations incurred in connection with the property and

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

  4  as the corporation may deem advisable to protect its interests

  5  therein.

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

  7  administration, servicing, or collection of any mortgage loan

  8  or loan agreement or purchase agreement with a mortgage lender

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

10  and pay the reasonable value of services rendered to the

11  corporation pursuant to such contracts.  The fees and charges

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

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

14  collected by such lender or servicing agent.

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

16  collect fees and other charges in connection with the making

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

18  other services rendered by the corporation.

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

20  and other instruments necessary or convenient in the exercise

21  of the powers and functions of the corporation under this

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

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

24  established under the laws of the state are hereby authorized

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

26  contracts and otherwise cooperate with the corporation to

27  facilitate the accomplishment of the purposes of this part.

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

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

30  determine that such provisions are consistent with the

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

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  1  that the provisions are consistent, it shall approve those

  2  provisions. If the corporation finds that the provisions are

  3  inconsistent, it shall state its objections and give the

  4  parties an opportunity to amend the provisions to overcome

  5  such objections.  In approving these provisions, the

  6  corporation must determine:

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

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

  9  494.006-494.0077.

10         (b)  That the mortgagee has sufficient resources to

11  finance such mortgages.

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

13  Incentive Loan Program. In developing and administering that

14  program, the corporation may:

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

16  mortgage loans including variable or fixed rate loans subject

17  to contingent interest.  The corporation shall make loans

18  exceeding 25 percent of project cost available only to

19  nonprofit organizations and public bodies which are able to

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

21  sources and to projects meeting the criteria of subparagraph

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

23  rates of interest:

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

25  that maintain an 80 percent occupancy of residents qualifying

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

27  the loan.

28         2.  Three to 9 percent interest for sponsors of

29  projects targeted at populations other than farmworkers.

30         (b)  Geographically and demographically target the

31  utilization of loans.

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

  2  not meet the established standards of the corporation.

  3         (d)  Negotiate with governing bodies within the state

  4  after a loan has been awarded to obtain local government

  5  contributions.

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

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

  8  maintaining the provisions of s. 420.5087.

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

10  scoring, and competitively ranking all applications based on

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

12  actual loan amounts; making and servicing loans; and

13  exercising the powers authorized in this subsection.

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

15  to protect the outstanding program investment in case of a

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

17  program loan.

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

19  Homeownership Assistance Program.  In developing and

20  administering the program, the corporation may:

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

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

23  the borrower's primary residence.

24         2.  Make permanent loans to eligible borrowers related

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

26         3.  Make subordinated loans to nonprofit sponsors or

27  developers of housing for construction financing of housing to

28  be offered for sale to eligible borrowers as a primary

29  residence at an affordable price.

30

31

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  1         (b)  Establish a loan loss insurance reserve to

  2  supplement existing sources of mortgage insurance with

  3  appropriated funds.

  4         (c)  Geographically and demographically target the

  5  utilization of loans.

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

  7  mortgage.

  8         (e)  Establish flexible terms for loans with an

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

10  nonamortizing for the term of the first mortgage.

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

12  refinancing, or rental of secured property.

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

14  failure to provide the benefits of the loans to eligible

15  borrowers, or for violation of any other restriction placed

16  upon the loan.

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

18  powers authorized in this subsection.

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

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

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

22  policy under the Florida Rural Heritage Act.

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

24  Affordable Housing Guarantee Program.  In developing and

25  administering the program, the corporation may:

26         (a)  Develop criteria for determining the priority for

27  expending the moneys in the State Housing Trust Fund.

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

29  additionally secured by amounts on deposit in the Affordable

30  Housing Guarantee Fund.

31

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

  2  powers authorized in this subsection.

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

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

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

  6  420.521-420.529.

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

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

  9  implement the purchase and procurement of materials and

10  services for use by the corporation.

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

12  Housing Trust Fund for the purposes of this part.

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

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

15  the property without regard to the provisions of chapters 253

16  and 270.

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

18  department a budget request for purposes of the corporation,

19  which request shall, notwithstanding the provisions of chapter

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

21  operational expenditures and separate requests for other

22  authorized corporation programs. The request shall not be

23  required to contain information on the number of employees,

24  salaries, or any classification thereof, and the approved

25  operating budget therefor need not comply with s.

26  216.181(8)-(10). The secretary is authorized to include within

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

28  request in the form as authorized by this section.

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

30  to retain any unused operational expenditure appropriation for

31  other lawful purposes of the corporation.

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

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

  3  all of its current or former employees and agents.

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

  5  the corporation's programs directly from the Federal

  6  Government.

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

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

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

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

11  material misrepresentation or engaged in fraudulent actions in

12  connection with any application for a corporation program.

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

14  infrastructure improvements and rehabilitation primarily in

15  connection with residential housing consistent with the

16  applicable local government comprehensive plan.

17         (38)(37)  To provide by rule, in connection with any

18  corporation competitive program, for the reservation of future

19  allocation or funding to provide a remedy for a litigant which

20  is ultimately successful in its litigation regarding a

21  competitive application, and to establish a date certain by

22  which, if litigation is not resolved, the successful litigant

23  will be funded from a subsequent year's available allocation

24  or funding.

25         (39)(38)  To designate private activity allocation for

26  tax-exempt bonds received by the corporation pursuant to part

27  VI of chapter 159 between single-family and multifamily

28  projects.

29         Section 8.  The sum of $5 million is appropriated from

30  the General Revenue Fund for implementation of the Florida

31  Rural Heritage Act as follows: $2,550,000 to the Department of

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

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

  3  Development to create a revolving loan fund to finance the

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

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

  6  implement the agricultural diversification pilot projects;

  7  $600,000 to the Department of Management Services to implement

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

  9  Rural Economic Development Initiative to fund the update of

10  the Rural Resource Directory and the provision of technical

11  assistance required by this act during the 2001-2002 fiscal

12  year.

13         Section 9.  This act shall take effect July 1, 2001.

14

15            *****************************************

16                       LEGISLATIVE SUMMARY

17    Creates the Florida Rural Heritage Act. Provides
      legislative intent. Provides definitions. Provides for
18    the designation of a Rural Heritage Area and a
      community-based planning process. Specifies guidelines
19    for Rural Heritage Area plans. Provides procedures for
      adoption of a plan. Provides economic incentives,
20    reports, and technical assistance. Creates the Rural
      Heritage Grant Program to assist local governments in
21    adopting Rural Heritage Areas to be administered by the
      Department of Community Affairs. Provides for development
22    of a nature-and-heritage-based tourism business
      micro-loan program. Provides for the establishment of a
23    revolving loan program. Provides for establishment of
      educational technology pilot programs by the Department
24    of Management Services. Provides for agricultural
      diversification pilot projects to be administered by the
25    Department of Agriculture and Consumer Services. Provides
      for review and evaluation by the Office of Program Policy
26    Analysis and Government Accountability. Provides
      conditions for the adoption of local comprehensive plans
27    for rural activity centers. Modifies goals of the State
      Comprehensive Plan. Provides a credit against sales tax
28    for businesses located in an enterprise zone within a
      rural county or city as defined. Provides enterprise zone
29    jobs credit for businesses within the jurisdiction of a
      rural local government. Provides conditions under which
30    communities within the jurisdiction of a rural local
      government may be designated as an enterprise zone.
31    Modifies powers of the Florida Housing Finance
      Corporation. Provides appropriations.
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