House Bill hb1343c1

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    Florida House of Representatives - 2002             CS/HB 1343

        By the Council for Competitive Commerce and
    Representatives Stansel, Bean, Brown, Spratt, Kilmer and
    Kendrick




  1                      A bill to be entitled

  2         An act relating to the Small County Technical

  3         Assistance Program; amending s. 163.05, F.S.;

  4         revising legislative findings; providing

  5         criteria for contracts between the Commissioner

  6         of Agriculture and program providers; deleting

  7         responsibilities of the Comptroller and the

  8         Legislative Committee on Intergovernmental

  9         Relations; authorizing the Commissioner of

10         Agriculture to award contracts to provide

11         assistance to small counties; requiring the

12         Commissioner of Agriculture to provide fiscal

13         oversight and performance reviews; providing an

14         appropriation; providing an effective date.

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

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18         Section 1.  Paragraphs (a) and (c) of subsection (1)

19  and subsections (4), (5), (6), (7), (8), and (9) of section

20  163.05, Florida Statutes, are amended to read:

21         163.05  Small County Technical Assistance Program.--

22         (1)  Among small counties, the Legislature finds that:

23         (a)  The percentage of the population of small counties

24  residing in the unincorporated areas is relatively high based

25  on the United States Decennial Census of 2000 and increased

26  substantially between 1980 and 1990.

27         (c)  Fiscal shortfalls persist even though 12 13 of the

28  small counties levied the maximum ad valorem millage

29  authorized in their jurisdictions in 2001 1990 and an

30  additional 15 13 small counties levied between 8 and 10 mills.

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  1         (4)  The Commissioner of Agriculture Comptroller shall

  2  enter into contracts with program providers who shall:

  3         (a)  Be a foundation that meets the requirements for

  4  nonprofit status under s. 501(c)(3) of the Internal Revenue

  5  Code with a governing board which includes in its membership

  6  county commissioners and professional staff of the county

  7  public agency or private, nonprofit corporation, association,

  8  or entity.

  9         (b)  Have substantial and documented experience working

10  closely with county governments in providing both educational

11  and technical assistance.

12         (c)(b)  Use existing resources, services, and

13  information that are available from state or local agencies,

14  universities, or the private sector.

15         (d)(c)  Seek and accept funding from any public or

16  private source.

17         (d)  Annually submit information to assist the

18  Legislative Committee on Intergovernmental Relations in

19  preparing a performance review that will include an analysis

20  of the effectiveness of the program.

21         (e)  Assist small counties in developing alternative

22  revenue sources.

23         (f)  Provide assistance to small counties in the areas

24  such as of financial management, accounting, investing,

25  purchasing, planning and budgeting, debt issuance, public

26  management, management systems, computers and information

27  technology, economic and community development, and public

28  safety management.

29         (g)  Provide for an annual independent financial audit

30  of the program.

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  1         (h)  In each county served, conduct a needs assessment

  2  upon which the assistance provided for that county will be

  3  designed.

  4         (5)(a)  The Commissioner of Agriculture Comptroller

  5  shall issue a request for proposals to provide assistance to

  6  small counties. The request for proposals shall be required no

  7  more frequently than every third year beginning with fiscal

  8  year 2004-2005. All contracts in existence on the effective

  9  date of this act between the Comptroller and any other party

10  with respect to the Small County Technical Assistance Program

11  may be accepted by the Commissioner of Agriculture as the

12  party in interest and said contracts shall remain in full

13  force and effect according to their terms. At the request of

14  the Comptroller, the Legislative Committee on

15  Intergovernmental Relations shall assist in the preparation of

16  the request for proposals.

17         (b)  The Commissioner of Agriculture Comptroller shall

18  review each contract proposal submitted.

19         (c)  The Legislative Committee on Intergovernmental

20  Relations shall review each contract proposal and submit to

21  the Comptroller, in writing, advisory comments and

22  recommendations, citing with specificity the reasons for its

23  recommendations.

24         (c)(d)  The Commissioner of Agriculture Comptroller and

25  the council shall consider the following factors in reviewing

26  contract proposals:

27         1.  The demonstrated capacity of the provider to

28  conduct needs assessments and implement the program as

29  proposed.

30         2.  The number of small counties to be served under the

31  proposal.

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  1         3.  The cost of the program as specified in a proposed

  2  budget.

  3         4.  The short-term and long-term benefits of the

  4  assistance to small counties.

  5         5.  The form and extent to which existing resources,

  6  services, and information that are available from state and

  7  local agencies, universities, and the private sector will be

  8  used by the provider under the contract.

  9         (6)  A decision of the Commissioner of Agriculture

10  Comptroller to award a contract under this section is final

11  and shall be in writing with a copy provided to the

12  Legislative Committee on Intergovernmental Relations.

13         (7)  The Comptroller may enter into contracts and

14  agreements with other state and local agencies and with any

15  person, association, corporation, or entity other than the

16  program providers, for the purpose of administering this

17  section.

18         (7)(8)  The Commissioner of Agriculture Comptroller

19  shall provide fiscal oversight to ensure that funds expended

20  for the program are used in accordance with the contracts

21  entered into pursuant to subsection (4) and shall conduct a

22  performance review of the program as may be necessary to

23  ensure that the goals and objectives of the program are being

24  met.

25         (9)  The Legislative Committee on Intergovernmental

26  Relations shall annually conduct a performance review of the

27  program. The findings of the review shall be presented in a

28  report submitted to the Governor, the President of the Senate,

29  the Speaker of the House of Representatives, and the

30  Comptroller by January 15 of each year.

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    Florida House of Representatives - 2002             CS/HB 1343

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  1         Section 2.  Specific Appropriation 2252 in the

  2  2002-2003 General Appropriations Act is hereby repealed and an

  3  identical amount is hereby appropriated to the Department of

  4  Agriculture and Consumer Services from the General Revenue

  5  Fund for the purposes of this act.

  6         Section 3.  This act shall take effect June 30, 2002.

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