House Bill hb0789e1

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                                        CS/HB 789, First Engrossed



  1                      A bill to be entitled

  2         An act relating to rural development; creating

  3         the Florida Rural Heritage and Economic

  4         Stimulus Act; providing legislative findings;

  5         providing definitions; providing for the

  6         designation of a Rural Heritage Area; providing

  7         for a community-based planning process;

  8         specifying guidelines for Rural Heritage Area

  9         plans; providing procedure for adoption of a

10         plan; providing for economic incentives,

11         reports, and technical assistance; creating the

12         Rural Heritage Grant Program, to be

13         administered by the Department of Community

14         Affairs, to assist local governments in

15         adopting Rural Heritage Areas; providing for

16         priority of funding; requiring the Department

17         of Community Affairs to adopt rules; providing

18         for development of a micro-loan program for

19         nature-based tourism and heritage tourism

20         businesses; providing for wireless

21         community-based network technology pilot

22         programs to be recommended by the Department of

23         Health; providing for pilot projects to

24         encourage diversification of agricultural

25         products and marketing to be recommended by the

26         Department of Agriculture and Consumer

27         Services; providing for review and evaluation

28         by the Office of Program Policy Analysis and

29         Government Accountability; amending s.

30         163.3187, F.S.; providing conditions for

31         adoption of local comprehensive plan amendments


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                                        CS/HB 789, First Engrossed



  1         for Rural Heritage Areas or Rural Activity

  2         Centers; amending s. 163.356, F.S.; authorizing

  3         specified municipalities to increase the number

  4         of commissioners appointed to the board of

  5         commissioners of the community redevelopment

  6         agency; amending s. 187.201, F.S.; modifying

  7         goals of the State Comprehensive Plan to

  8         include housing for specified persons in rural

  9         areas and development of nature-based tourism;

10         providing a policy of fostering integrated and

11         coordinated community-based planning efforts;

12         providing support for rural communities in

13         developing nature-based tourism and heritage

14         tourism enterprises; providing support for

15         landowners who wish their lands to remain in

16         agricultural use; amending s. 420.507, F.S.;

17         modifying powers of the Florida Housing Finance

18         Corporation; amending ss. 420.5087 and

19         420.5088, F.S.; correcting cross references;

20         providing that specified provisions are subject

21         to appropriation or the availability of agency

22         funds; providing an effective date.

23

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

25

26         Section 1.  Florida Rural Heritage and Economic

27  Stimulus Act.--

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

29  "Florida Rural Heritage and Economic Stimulus Act."

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

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                                        CS/HB 789, First Engrossed



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

20  should encourage and assist local governments in addressing

21  issues including adequate provision of infrastructure,

22  affordable housing, human services, safe neighborhoods,

23  agricultural profitability, educational facilities, sound land

24  uses, health care, and economic diversification and

25  development to sustain rural communities into the future.

26         (e)  Successfully revitalizing and sustaining rural

27  areas depends on addressing, through an integrated and

28  coordinated community effort, a range of varied components

29  essential to a healthy rural environment, including cultural,

30  educational, recreational, economic, transportation, land use,

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                                        CS/HB 789, First Engrossed



  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 is an important investment by the state

16  in the overall health of its rural communities and is an

17  integral component 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

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                                        CS/HB 789, First Engrossed



  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 vacations, a state rural policy should encourage the

  6  development of a nature-based tourism and heritage tourism

  7  industry that meets this growing public demand, protects the

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

  9  economic prosperity, especially in the state's rural

10  communities.

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

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

13  municipality.

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

15         1.  Designated by a local government or by local

16  governments through interlocal agreement.

17         2.  Located within a Rural Heritage Area.

18         3.  In which public services, including water services,

19  transportation infrastructure, schools, and recreation, are

20  already available or are scheduled to be provided in an

21  adopted 5-year schedule of capital improvements, and which

22  have historically served as commercial business centers or

23  sites of public buildings for surrounding rural residents.

24

25  The Rural Activity Center may consist of or include state

26  community redevelopment areas, brownfields, enterprise zones,

27  or Mainstreet programs, federal Empowerment Zones, Enterprise

28  Communities, Champion Communities, or Brownfield Showcase

29  Communities. The Rural Activity Center shall serve and be

30  developed as a "town center," promoting compact, efficient

31  development within the area and allowing lower-density


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                                        CS/HB 789, First Engrossed



  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         1.  Designated by a local government or by local

  5  governments through interlocal agreement.

  6         2.  Within which more than 50 percent of the land is in

  7  agricultural, open space, recreational, or other nondeveloped

  8  use.

  9         3.  That fit the definition of, or fall within an area

10  that fits the definition of, a rural county, rural

11  municipality, or rural community as defined in s. 288.106,

12  Florida Statutes.

13

14  A Rural Heritage Area may comprise a single rural county as

15  defined in s. 288.106, Florida Statutes, a multicounty area,

16  or a subcounty area that is rural in nature and meets the

17  land-use, demographic, economic, and definitional criteria set

18  forth in this paragraph. If a subcounty area, a Rural Heritage

19  Area may comprise one or more rural municipalities, as defined

20  in s. 288.106, Florida Statutes, and may include

21  unincorporated areas between or surrounding the rural

22  municipalities, provided that all parts of the designated area

23  meet the criteria set forth in this paragraph.

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

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

26  interlocal agreement, may designate a geographic area or areas

27  within the applicable jurisdiction as a Rural Heritage Area

28  for the purpose of convening a community-based holistic

29  planning process to identify community problems and assets,

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

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                                        CS/HB 789, First Engrossed



  1  strategic plan for implementing asset-based solutions to the

  2  problems identified.

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

  4  interlocal agreement, may designate a geographic area or areas

  5  within the applicable jurisdiction and within a designated

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

  7  of targeting economic development, job creation, housing,

  8  transportation and other infrastructure, neighborhood

  9  revitalization and preservation, the promotion of rural land

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

11  encourage mixed-use development that will revitalize the Rural

12  Activity Center area as a functioning downtown that can serve

13  residents of surrounding rural areas.

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

15  Activity Center does not exempt the local government from the

16  process required under chapter 163, Florida Statutes, for

17  amending the comprehensive plan within the designated area.

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

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

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

21  community-based planning process must be implemented in each

22  proposed Rural Heritage Area. The process must involve

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

24  organizations; neighborhood associations; educational, health

25  care, and religious organizations; area residents, including

26  low-income residents; appropriate local government

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

28  institutions of higher education.

29         (b)  The objective of the community-based planning

30  process is to produce an integrated plan that benefits the

31  community as a whole and to encourage residents within the


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                                        CS/HB 789, First Engrossed



  1  designated area to participate in the design and

  2  implementation of the Rural Heritage Area plan, including the

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

  4  optimizing scarce resources. The planning process must be

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

  6  economic development including the nature-based tourism and

  7  heritage tourism industry, land use, affordable housing,

  8  infrastructure, education, health care, public safety, public

  9  and private financial capacity, information technology,

10  workforce development, ecological conservation, social equity,

11  the role of agriculture in the local economy if applicable,

12  and the role of local government.

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

14  government may demonstrate that an existing plan or

15  combination of plans includes the factors listed in paragraph

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

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

18  planning process. If the area constitutes or contains a

19  federally designated Empowerment Zone, Enterprise Community,

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

21  application for that designation shall serve to meet the

22  requirements of the community-based planning process and shall

23  allow the community to apply for implementation grants under

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

25         (d)  A local government seeking to designate a

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

27  that describes means of promoting economic prosperity and

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

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

30  commitment to comprehensively addressing the problems within

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


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                                        CS/HB 789, First Engrossed



  1  resources that can help accomplish locally identified goals

  2  such as improved educational opportunities; economic

  3  diversification and development; the future of agricultural

  4  land uses in the planning area; provision of infrastructure

  5  needs, including information technology infrastructure;

  6  prioritizing, pooling, and leveraging scarce resources; and

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

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

  9  The plan must also:

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

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

12  within the designation.

13         2.  Contain interlocal agreements, as appropriate,

14  among participating local governments and any regional or

15  nonprofit organizations which express the entities' commitment

16  to collectively designating the area and to coordinated

17  implementation efforts based on the plan.

18         3.  Identify any existing enterprise zones, community

19  redevelopment areas, community development districts,

20  brownfield areas, downtown redevelopment districts, safe

21  neighborhood improvement districts, historic preservation

22  districts, and empowerment zones located within the area

23  proposed for designation.

24         4.  Identify a memorandum of understanding between the

25  district school board and the local government jurisdiction

26  regarding public school facilities located within the Rural

27  Heritage Area to identify how the school board will enhance

28  public school facilities and programs in the designated area.

29         5.  Explain how projects identified in the plan advance

30  the goals of creating economic prosperity for area residents

31  and of preserving the rural character and heritage of the


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                                        CS/HB 789, First Engrossed



  1  planning area. Projects may include land acquisition;

  2  demolition, construction, or renovation of structures;

  3  purchase of conservation easements or development rights on

  4  agricultural, conservation, or recreational lands;

  5  job-training programs; investments in educational

  6  technologies; capacity building through existing or new

  7  nonprofit organizations; creation, enhancement, or marketing

  8  of nature-based, agricultural, or heritage tourism or

  9  recreational facilities; or improvement of the delivery of

10  health care services to rural residents.

11         6.  Identify the geographic locations for projects

12  identified through the community-based planning process and

13  explain how such projects will be implemented.

14         7.  Identify how the local government intends to

15  implement and enhance affordable housing programs as defined

16  in s. 420.602, Florida Statutes, including economic and

17  community development programs administered by the Department

18  of Community Affairs and the Florida Housing Finance

19  Corporation within the Rural Heritage Area.

20         8.  If applicable, provide guidelines for the adoption

21  of land development regulations specific to the Rural Heritage

22  Area which provide for the use or purchase of conservation

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

24  use of other means available to local governments under s.

25  704.06, Florida Statutes, for the purpose of preserving

26  agricultural lands.

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

28  financial and local government incentives which the local

29  government will offer for new development, expansion or

30  renovation of existing development, and redevelopment within

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                                        CS/HB 789, First Engrossed



  1  any designated Rural Activity Center. Examples of such

  2  incentives include:

  3         a.  Waiver of license and permit fees.

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

  5  return of property to productive use.

  6         c.  Expedited permitting.

  7         d.  Prioritization of infrastructure spending within

  8  the Rural Heritage Area and Rural Activity Center.

  9         10.  Identify how activities and incentives within the

10  Rural Heritage Area or Rural Activity Center will be

11  coordinated and what administrative mechanism the local

12  government will use for the coordination and monitoring of

13  Rural Heritage Area plan implementation.

14         11.  Provide a list of stakeholders participating in

15  the community-based planning process, pursuant to paragraph

16  (a).

17         12.  Identify goals, objectives, performance measures,

18  and baseline data on conditions for evaluating the success of

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

20  stakeholders in implementing the Rural Heritage Area plan and

21  in improving economic prosperity and preserving rural

22  character.

23         (e)  The regional planning council covering the

24  geographic location of the Rural Heritage Area, or other

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

26  organizations, may assist the local government in convening

27  the community-based planning process and in preparing the

28  Rural Heritage Area plan, provided that the process and

29  resulting plan meet all other requirements as described in

30  this section.

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                                        CS/HB 789, First Engrossed



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

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

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

  4  public hearing on the ordinance must be in the form

  5  established in s. 166.041(3)(c)2., Florida Statutes, for

  6  municipalities and s. 125.66(4)(b)2., Florida Statutes, for

  7  counties.

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

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

10  comprehensive land-use plan under s. 163.3187, Florida

11  Statutes, to delineate the Rural Heritage Area within the

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

13  amendment to the local comprehensive plan to designate a Rural

14  Heritage Area or Rural Activity Center is exempt from the

15  twice-a-year amendment limitation of s. 163.3187, Florida

16  Statutes.

17         (6)  ECONOMIC INCENTIVES; REPORTS; TECHNICAL

18  ASSISTANCE.--

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

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

21  bonds under s. 163.385, Florida Statutes, and employ tax

22  increment financing under s. 163.387, Florida Statutes, for

23  the purpose of financing the implementation of the plan as

24  appropriate, particularly within designated Rural Activity

25  Centers.

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

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

28  powers granted under s. 163.514, Florida Statutes, for

29  community redevelopment neighborhood improvement districts,

30  including the authority to levy special assessments as

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                                        CS/HB 789, First Engrossed



  1  appropriate, particularly within designated Rural Activity

  2  Centers.

  3         (c)  State agencies that provide funding for

  4  infrastructure, cost reimbursement, grants, or loans to local

  5  governments, including the Department of Environmental

  6  Protection (Clean Water State Revolving Fund, Drinking Water

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

  8  Control Bond Program), the Department of Community Affairs

  9  (Economic Development and Housing Program and Florida

10  Communities Trust), the Florida Housing Finance Corporation,

11  and the Department of Transportation, shall report to the

12  President of the Senate and the Speaker of the House of

13  Representatives by January 1, 2003, regarding statutory and

14  rule changes necessary to give Rural Heritage Areas identified

15  by local governments that have completed the community-based

16  planning process an elevated priority in infrastructure

17  funding, loan, and grant programs.

18         (d)  State agencies that provide funding to local

19  governments shall identify grant programs for which local

20  government cash match requirements will be waived or replaced

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

22  permanent resource development staff position within the local

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

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

25  government applicants that have successfully completed the

26  Rural Heritage Area grant program community-based planning

27  process. Agencies shall report to the President of the Senate

28  and the Speaker of the House of Representatives by September

29  1, 2002, on programs identified, statutory or rule changes

30  needed, and cost of implementation.

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                                        CS/HB 789, First Engrossed



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

  2  as described in s. 288.0656, Florida Statutes, shall work with

  3  state agencies and other organizations that provide loans,

  4  grants, or technical assistance of any kind to the state's

  5  rural communities to update, maintain, and distribute

  6  semiannually to every rural county and city government as

  7  defined in s. 288.106, Florida Statutes, the Rural Resource

  8  Directory, which describes resources, including federal

  9  resources, that are available to rural local governments and

10  how to access them. The publication must include statutory

11  provisions that enable local governments to raise or direct

12  revenues toward the goals of promoting economic prosperity

13  while preserving rural character. To the extent possible, REDI

14  shall provide, or shall work through the regional planning

15  councils, the Small County Technical Assistance Program, the

16  Local Government Financial Technical Assistance Program, the

17  State University System, or other relevant organizations to

18  provide, technical assistance to all rural local governments

19  to access these resources.

20         (f)  Provision by REDI or other organizations

21  identified in paragraph (e) of technical assistance in

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

23  an automatic result of successful completion of the Rural

24  Heritage Area community-based planning process.

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

26  Development Council and state agencies to develop a simple,

27  uniform grant application form for use by local government

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

29  application process should incorporate the sharing of known

30  information about local governments among state government

31  agencies in order to maximize the efficiency of local


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                                        CS/HB 789, First Engrossed



  1  governments' efforts to secure available resources. The

  2  uniform grant application must be adopted for use by state

  3  agencies by July 1, 2003.

  4         (7)  GRANT PROGRAM.--

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

  6  assist local governments in adopting Rural Heritage Areas,

  7  completing the community-based planning process, and

  8  implementing elements of the resulting Rural Heritage Area

  9  plan.

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

11  appropriated for the Rural Heritage Grant Program must be

12  available for conducting the community-based planning process

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

14  percent of the general revenue appropriated for the Rural

15  Heritage Grant Program must be available for implementing

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

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

18  local government may allocate grant money to special

19  districts, including community redevelopment agencies and

20  nonprofit community development organizations, to implement

21  projects consistent with an adopted Rural Heritage Area plan

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

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

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

25  process of identifying Rural Heritage Areas, assembling a core

26  group of community-based planning participants, and applying

27  for planning grants. The remaining 1 percent must be made

28  available for administrative costs incurred by the Department

29  of Community Affairs for implementing the Rural Heritage Grant

30  Program and the Urban Infill and Redevelopment Assistance

31  Grant Program. Projects that provide employment opportunities


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

  2  priority in the scoring of competing grant applications. To

  3  encourage rural-urban partnerships and regional planning,

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

  5  in regional or partnership projects with communities eligible

  6  to participate in the Urban Infill and Redevelopment

  7  Assistance Grant Program. The Division of Housing and

  8  Community Development of the Department of Community Affairs

  9  shall administer the grant program.

10         (c)  Priority for funding under the Rural Heritage

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

12  a majority of the populated portions of the area are

13  characterized by pervasive poverty, unemployment, and general

14  distress, as defined in s. 290.0058, Florida Statutes.

15         (d)  The Department of Community Affairs, in

16  consultation with REDI, shall adopt rules establishing grant

17  review criteria consistent with this section. Actions required

18  by this paragraph are contingent upon funds being provided to

19  implement the Rural Heritage Grant Program.

20         (e)  If the local government fails to implement

21  sections of the Rural Heritage Area plan funded through a

22  Rural Heritage Area implementation grant pursuant to the

23  deadlines specified in the grant agreement, the Department of

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

25  rescind the economic and regulatory incentives granted to a

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

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

28  rescind may be initiated 90 days after issuing a written

29  letter of warning to the local government.

30         (8)  MICRO-LOAN PROGRAM FOR NATURE-BASED TOURISM AND

31  HERITAGE TOURISM BUSINESSES.--The statewide advisory committee


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                                        CS/HB 789, First Engrossed



  1  on nature-based tourism and heritage tourism, as established

  2  in s. 288.1224, Florida Statutes, shall work with Enterprise

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

  4  Development, VISIT FLORIDA, the Rural Economic Development

  5  Initiative, the Florida Fish and Wildlife Conservation

  6  Commission, the Division of Recreation and Parks of the

  7  Department of Environmental Protection, and other appropriate

  8  entities to develop a statewide micro-loan program for the

  9  purpose of financing the creation and enhancement of small

10  businesses providing nature-based tourism or heritage tourism

11  experiences. Examples include eco-tour operators and guides

12  and bicycle rentals, canoe outfitters, and bed-and-breakfast

13  facilities in proximity to natural areas. No later than

14  November 1, 2002, this group shall submit a report to the

15  President of the Senate and the Speaker of the House of

16  Representatives that provides the mission and structure of the

17  micro-loan program, guidelines for administering the program,

18  and criteria for and any limitations on loan recipient

19  eligibility and use of loan funds.

20         (9)  WIRELESS COMMUNITY-BASED NETWORK PILOT PROGRAM.--

21         (a)  The Department of Health, in consultation with the

22  State Technology Office, Department of Education, Department

23  of Community Affairs, rural health networks, local

24  governments, the Area Health Education Centers, and medical

25  schools shall develop recommendations regarding the

26  establishment of two pilot projects in rural communities that

27  use wireless or other technologies. The purposes of the

28  projects are to illustrate ways to increase access to quality

29  health care, health education, and other health resources in

30  the state's rural areas; to leverage federal funds available

31  for bridging the "digital divide"; to build on existing


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                                        CS/HB 789, First Engrossed



  1  applications to create community-based health networks; and to

  2  foster opportunities for innovative distribution of existing

  3  funds. The pilot projects must include linkages to existing

  4  information technology systems in the pilot area, for example,

  5  to a public health care facility, local or regional hospital,

  6  medical school, library, a university, or a 4-year or

  7  community college, or county or municipal government, or

  8  private business network.

  9         (b)  The Department of Health shall, in consultation

10  with the State Technology Office, Department of Education,

11  Department of Community Affairs, Area Health Education

12  Centers, medical schools, and rural health networks, recommend

13  a process for the selection of the pilot participants. The

14  selection process shall consider criteria as follows:

15         1.  The extent to which the project increases access of

16  rural residents to health services;

17         2.  If the pilot project involves wireless technology,

18  demonstration of the applicant's ability to effectively deploy

19  wireless technology based on existing infrastructure;

20         3.  Demonstration of commitment of the applicant to use

21  technology to improve the level of knowledge regarding

22  individual health and health services;

23         4.  If the pilot project involves wireless technology,

24  potential cost savings or improved access resulting from the

25  use of wireless rather than traditional connectivity

26  technology;

27         5.  The ability to use the technology infrastructure in

28  other applications within the service area;

29         6.  Demonstration of willingness and ability of the

30  participants to assume ongoing costs to maintain the pilot

31  project for a minimum 3-year period. Such willingness and


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                                        CS/HB 789, First Engrossed



  1  ability may be demonstrated through intracommunity agreements

  2  or other means; and 

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

  4         (c)  The Department of Health, in consultation with the

  5  State Technology Office, Department of Education, Department

  6  of Community Affairs, rural health networks, Area Health

  7  Education Centers, medical schools, and local governments,

  8  shall include recommendations for performance standards and

  9  evaluation of pilot projects.

10         (d)  The Department of Health shall report its

11  recommendations relative to the structure and funding

12  necessary to implement the pilot programs to the President of

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

14  the Governor by December 15, 2002. Recommendations will

15  address the implementation and funding of the pilot programs.

16         (10)  AGRICULTURAL CONSERVATION AND PROFITABILITY.--

17         (a)  The Department of Agriculture and Consumer

18  Services, in consultation with the University of Florida and

19  the Florida Agricultural and Mechanical University, shall

20  develop recommendations to establish three pilot projects

21  aimed at encouraging the diversification of agricultural

22  production and marketing throughout the state. The purpose of

23  the pilot projects is to demonstrate alternative crops,

24  techniques, and industries that can enhance the profitability

25  and sustainability of agriculture in the state. Each project

26  must do at least one of the following: introduce alternative

27  crops, such as hot peppers, amaranth, or pigeon peas, or

28  alternative growing techniques, for example, greenhouse

29  vegetable production in North Florida or early-season

30  blueberries and peaches; or introduce a value-added activity

31  or industry, such as fruit or vegetable processing or


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                                        CS/HB 789, First Engrossed



  1  packaging, into a farming community as a means of increasing

  2  the profitability of current farm products for local growers.

  3  At least one of these projects must include a tobacco farm

  4  that is being adversely impacted by reductions in tobacco

  5  quotas. In developing the recommendations, the Commissioner of

  6  Agriculture, in consultation with the Agricultural Economic

  7  Development Project Review Committee as described in s.

  8  570.248, Florida Statutes, shall develop selection criteria

  9  and evaluation criteria. The evaluation criteria shall be

10  consistent with that for agricultural economic development

11  projects delineated in s. 570.247, Florida Statutes, and

12  include appropriate performance standards.

13         (b)  The Commissioner of Agriculture shall report the

14  department's recommendations to implement the pilot program

15  and necessary funding to the President of the Senate, the

16  Speaker of the House of Representatives, and the Governor by

17  December 15, 2002.

18         (c)  As authorized in s. 403.0752, Florida Statutes,

19  and based on results of current "whole farm planning" pilot

20  projects, the Department of Environmental Protection shall

21  work with willing partners to streamline the permitting

22  process for agricultural land uses.

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

24  Policy Analysis and Government Accountability shall perform a

25  review and evaluation of the grant program and financial

26  incentives and the wireless community-based network pilot

27  program. The report must evaluate the effectiveness of the

28  designation of rural planning areas in promoting economic

29  prosperity and preserving character in the state's rural

30  areas. This report may be conducted in conjunction with a

31  review of the Urban Infill and Redevelopment Assistance Grant


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                                        CS/HB 789, First Engrossed



  1  Program. A report of the findings and recommendations of the

  2  Office of Program Policy Analysis and Government

  3  Accountability must be submitted to the President of the

  4  Senate and the Speaker of the House of Representatives before

  5  the 2006 Regular Session of the Legislature.

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

  7  163.3187, Florida Statutes, is amended to read:

  8         163.3187  Amendment of adopted comprehensive plan.--

  9         (1)  Amendments to comprehensive plans adopted pursuant

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

11  calendar year, except:

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

13  designating an urban infill and redevelopment area under s.

14  163.2517 or a Rural Heritage Area or Rural Activity Center

15  under the Florida Rural Heritage and Economic Stimulus Act may

16  be approved without regard to the statutory limits on the

17  frequency of amendments to the comprehensive plan.

18         Section 3.  Subsection (2) of section 163.356, Florida

19  Statutes, is amended to read:

20         163.356  Creation of community redevelopment agency.--

21         (2)  When the governing body adopts a resolution

22  declaring the need for a community redevelopment agency, that

23  body shall, by ordinance, appoint a board of commissioners of

24  the community redevelopment agency, which shall consist of not

25  fewer than five or more than seven commissioners. The

26  governing body of a municipality with a population of more

27  than 100,000 and an area of more than 100 square miles may

28  appoint up to nine commissioners. The terms of office of the

29  commissioners shall be for 4 years, except that three of the

30  members first appointed shall be designated to serve terms of

31  1, 2, and 3 years, respectively, from the date of their


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                                        CS/HB 789, First Engrossed



  1  appointments, and all other members shall be designated to

  2  serve for terms of 4 years from the date of their

  3  appointments.  A vacancy occurring during a term shall be

  4  filled for the unexpired term.

  5         Section 4.  Subsections (5), (10), (16), (22), (23),

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

  7  read:

  8         187.201  State Comprehensive Plan adopted.--The

  9  Legislature hereby adopts as the State Comprehensive Plan the

10  following specific goals and policies:

11         (5)  HOUSING.--

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

13  increase the affordability and availability of housing for

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

15  rural areas, while at the same time encouraging

16  self-sufficiency of the individual and assuring environmental

17  and structural quality and cost-effective operations.

18         (b)  Policies.--

19         1.  Eliminate public policies which result in housing

20  discrimination, and develop policies which encourage housing

21  opportunities for all Florida's citizens.

22         2.  Diminish the use of institutions to house persons

23  by promoting deinstitutionalization to the maximum extent

24  possible.

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

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

27  and elderly persons by alleviating housing shortages,

28  recycling older houses and redeveloping residential

29  neighborhoods, identifying housing needs, providing incentives

30  to the private sector to build affordable housing, encouraging

31  public-private partnerships to maximize the creation of


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                                        CS/HB 789, First Engrossed



  1  affordable housing, and encouraging research into low-cost

  2  housing construction techniques, considering life-cycle

  3  operating costs.

  4         4.  Reduce the cost of housing construction by

  5  eliminating unnecessary regulatory practices which add to the

  6  cost of housing.

  7         5.  Provide incentives and encourage research to

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

  9  for low-income, very-low-income, and moderate-income residents

10  of rural areas, as defined in s. 420.602. Such incentives and

11  research must take into account the importance of development

12  that preserves the rural character of the area and must seek

13  to mitigate the increased per-unit cost of small housing

14  projects appropriate to rural areas over the per-unit cost for

15  larger developments.

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

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

18  natural habitats and ecological systems, such as wetlands,

19  tropical hardwood hammocks, palm hammocks, and virgin longleaf

20  pine forests, and restore degraded natural systems to a

21  functional condition.

22         (b)  Policies.--

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

24  wildlife to maintain their environmental, economic, aesthetic,

25  and recreational values.

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

27  to provide recreation, conservation, and related public

28  benefits.

29         3.  Prohibit the destruction of endangered species and

30  protect their habitats.

31


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                                        CS/HB 789, First Engrossed



  1         4.  Establish an integrated regulatory program to

  2  assure the survival of endangered and threatened species

  3  within the state.

  4         5.  Promote the use of agricultural practices which are

  5  compatible with the protection of wildlife and natural

  6  systems.

  7         6.  Encourage multiple use of forest resources, where

  8  appropriate, to provide for timber production, recreation,

  9  wildlife habitat, watershed protection, erosion control, and

10  maintenance of water quality.

11         7.  Protect and restore the ecological functions of

12  wetlands systems to ensure their long-term environmental,

13  economic, and recreational value.

14         8.  Promote restoration of the Everglades system and of

15  the hydrological and ecological functions of degraded or

16  substantially disrupted surface waters.

17         9.  Develop and implement a comprehensive planning,

18  management, and acquisition program to ensure the integrity of

19  Florida's river systems.

20         10.  Emphasize the acquisition and maintenance of

21  ecologically intact systems in all land and water planning,

22  management, and regulation.

23         11.  Expand state and local efforts to provide

24  recreational opportunities to urban areas, including the

25  development of activity-based parks.

26         12.  Protect and expand park systems throughout the

27  state.

28         13.  Encourage the use of public and private financial

29  and other resources for the development of recreational and

30  nature-based tourism opportunities at the state and local

31


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                                        CS/HB 789, First Engrossed



  1  levels when consistent with natural-system conservation

  2  principles and practices.

  3         (16)  LAND USE.--

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

  5  preserving the natural resources and enhancing the quality of

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

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

  8  land and water resources, fiscal abilities, and service

  9  capacity to accommodate growth in an environmentally

10  acceptable manner.

11         (b)  Policies.--

12         1.  Promote state programs, investments, and

13  development and redevelopment activities which encourage

14  efficient development and occur in areas which will have the

15  capacity to service new population and commerce.

16         2.  Develop a system of incentives and disincentives

17  which encourages a separation of urban and rural land uses

18  while protecting water supplies, resource development, and

19  fish and wildlife habitats.

20         3.  Enhance the livability and character of urban areas

21  through the encouragement of an attractive and functional mix

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

23         4.  Recognize the interwoven nature of the

24  relationships among rural communities, agricultural lands,

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

26  the importance of fiscally and culturally strong rural

27  communities to state and regional economies and resources;

28  promote state and local programs that foster integrated and

29  coordinated community-based planning efforts; and pursue land

30  use, educational, recreational, economic, transportation,

31


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                                        CS/HB 789, First Engrossed



  1  housing, information technology, and social service delivery

  2  initiatives in the context of community planning goals.

  3         5.4.  Develop a system of intergovernmental negotiation

  4  for siting locally unpopular public and private land uses

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

  6  land development patterns or important natural resources, and

  7  the cost-effectiveness of service delivery.

  8         6.5.  Encourage and assist local governments in

  9  establishing comprehensive impact-review procedures to

10  evaluate the effects of significant development activities in

11  their jurisdictions.

12         7.6.  Consider, in land use planning and regulation,

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

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

15  meet demands; and the potential for flooding.

16         8.7.  Provide educational programs and research to meet

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

18  needs.

19         (22)  THE ECONOMY.--

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

21  which provides economic stability, maximizes job

22  opportunities, and increases per capita income for its

23  residents.

24         (b)  Policies.--

25         1.  Attract new job-producing industries, corporate

26  headquarters, distribution and service centers, regional

27  offices, and research and development facilities to provide

28  quality employment for the residents of Florida.

29         2.  Promote entrepreneurship and small and

30  minority-owned business startup by providing technical and

31  information resources, facilitating capital formation, and


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                                        CS/HB 789, First Engrossed



  1  removing regulatory restraints which are unnecessary for the

  2  protection of consumers and society.

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

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

  5  beaches, forests, historic landmarks, and agricultural and

  6  natural resources, and support rural communities in developing

  7  nature-based tourism and heritage tourism enterprises

  8  consistent with conservation of these natural resources in

  9  order to provide economic benefit to those living in closest

10  proximity to those assets.

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

12  through attracting foreign investment and promoting

13  international banking and trade.

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

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

16  film, television, and recording production.

17         6.  Promote economic development for Florida residents

18  through partnerships among education, business, industry,

19  agriculture, and the arts.

20         7.  Provide increased opportunities for training

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

22  expanding business.

23         8.  Promote economic self-sufficiency through training

24  and educational programs which result in productive

25  employment.

26         9.  Promote cooperative employment arrangements between

27  private employers and public sector employment efforts to

28  provide productive, permanent employment opportunities for

29  public assistance recipients through provisions of education

30  opportunities, tax incentives, and employment training.

31


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                                        CS/HB 789, First Engrossed



  1         10.  Provide for nondiscriminatory employment

  2  opportunities.

  3         11.  Provide quality child day care for public

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

  5         12.  Encourage the development of a business climate

  6  that provides opportunities for the growth and expansion of

  7  existing state industries, particularly those industries which

  8  are compatible with Florida's environment.

  9         13.  Promote coordination among Florida's ports to

10  increase their utilization.

11         14.  Encourage the full utilization by businesses of

12  the economic development enhancement programs implemented by

13  the Legislature for the purpose of extensively involving

14  private businesses in the development and expansion of

15  permanent job opportunities, especially for the economically

16  disadvantaged, through the utilization of enterprise zones,

17  community development corporations, and other programs

18  designed to enhance economic and employment opportunities.

19         (23)  AGRICULTURE.--

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

21  its food, agriculture, ornamental horticulture, aquaculture,

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

23  competitive force in the national and international

24  marketplace.

25         (b)  Policies.--

26         1.  Ensure that goals and policies contained in state

27  and regional plans are not interpreted to permanently restrict

28  the conversion of agricultural lands to other uses, while

29  creating and providing economically viable options for those

30  landowners who wish their lands to remain in agricultural

31  uses.


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                                        CS/HB 789, First Engrossed



  1         2.  Encourage diversification within the agriculture

  2  industry, especially to reduce the vulnerability of

  3  communities that are largely reliant upon agriculture for

  4  either income or employment.

  5         3.  Promote and increase international agricultural

  6  marketing opportunities for all Florida agricultural

  7  producers.

  8         4.  Stimulate research, development, and application of

  9  agricultural technology to promote and enhance the

10  conservation, production, and marketing techniques available

11  to the agriculture industry.

12         5.  Encourage conservation, wastewater recycling, and

13  other appropriate measures to assure adequate water resources

14  to meet agricultural and other beneficial needs.

15         6.  Promote entrepreneurship in the agricultural sector

16  by providing technical and informational services.

17         7.  Stimulate continued productivity through investment

18  in education and research.

19         8.  Encourage development of biological pest controls

20  to further the reduction in reliance on chemical controls.

21         9.  Conserve soil resources to maintain the economic

22  value of land for agricultural pursuits and to prevent

23  sedimentation in state waters.

24         10.  Promote the vitality of Florida's agricultural

25  industry through continued funding of basic research,

26  extension, inspection, and analysis services and of programs

27  providing for marketing and technical assistance and the

28  control and eradication of diseases and infestations.

29         11.  Continue to promote the use of lands for

30  agricultural purposes by maintaining preferential property tax

31  treatment through the greenbelt law.


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                                        CS/HB 789, First Engrossed



  1         12.  Ensure that coordinated state planning of road,

  2  rail, and waterborne transportation systems provides adequate

  3  facilities for the economical transport of agricultural

  4  products and supplies between producing areas and markets.

  5         13.  Eliminate the discharge of inadequately treated

  6  wastewater and stormwater runoff into waters of the state.

  7         (24)  TOURISM.--

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

  9  tourists annually by 1995 and shall support efforts by all

10  areas of the state wishing to develop or expand

11  tourist-related economies.

12         (b)  Policies.--

13         1.  Promote statewide tourism and support promotional

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

15  visitors.

16         2.  Acquire and manage public lands to offer visitors

17  and residents increased outdoor experiences.

18         3.  Promote awareness of historic places and cultural

19  and historical activities.

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

21  industry that meets growing public demand, protects the

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

23  economic prosperity, especially in the state's rural

24  communities.

25         Section 5.  Subsections (13) through (39) of section

26  420.507, Florida Statutes, are renumbered as subsections (14)

27  through (40), respectively, and a new subsection (13) is added

28  to said section, to read:

29         420.507  Powers of the corporation.--The corporation

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

31  and effectuate the purposes and provisions of this part,


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                                        CS/HB 789, First Engrossed



  1  including the following powers which are in addition to all

  2  other powers granted by other provisions of this part:

  3         (13)  To explore options to improve the availability of

  4  affordable housing in rural areas.

  5         Section 6.  Paragraphs (a) and (f) of subsection (6) of

  6  section 420.5087, Florida Statutes, are amended to read:

  7         420.5087  State Apartment Incentive Loan

  8  Program.--There is hereby created the State Apartment

  9  Incentive Loan Program for the purpose of providing first,

10  second, or other subordinated mortgage loans or loan

11  guarantees to sponsors, including for-profit, nonprofit, and

12  public entities, to provide housing affordable to

13  very-low-income persons.

14         (6)  On all state apartment incentive loans, except

15  loans made to housing communities for the elderly to provide

16  for lifesafety, building preservation, health, sanitation, or

17  security-related repairs or improvements, the following

18  provisions shall apply:

19         (a)  The corporation shall establish two interest rates

20  in accordance with s. 420.507(23)(22)(a)1. and 2.

21         (f)  The review committee established by corporation

22  rule pursuant to this subsection shall make recommendations to

23  the board of directors of the corporation regarding program

24  participation under the State Apartment Incentive Loan

25  Program.  The corporation board shall make the final ranking

26  and the decisions regarding which applicants shall become

27  program participants based on the scores received in the

28  competitive ranking, further review of applications, and the

29  recommendations of the review committee.  The corporation

30  board shall approve or reject applications for loans and shall

31  determine the tentative loan amount available to each


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                                        CS/HB 789, First Engrossed



  1  applicant selected for participation in the program.  The

  2  actual loan amount shall be determined pursuant to rule

  3  adopted pursuant to s. 420.507(23)(22)(f).

  4         Section 7.  Subsections (1), (2), and (4) of section

  5  420.5088, Florida Statutes, are amended to read:

  6         420.5088  Florida Homeownership Assistance

  7  Program.--There is created the Florida Homeownership

  8  Assistance Program for the purpose of assisting low-income

  9  persons in purchasing a home by reducing the cost of the home

10  with below-market construction financing, by reducing the

11  amount of down payment and closing costs paid by the borrower

12  to a maximum of 5 percent of the purchase price, or by

13  reducing the monthly payment to an affordable amount for the

14  purchaser. Loans shall be made available at an interest rate

15  that does not exceed 3 percent. The balance of any loan is due

16  at closing if the property is sold or transferred.

17         (1)  For loans made available pursuant to s.

18  420.507(24)(23)(a)1. or 2.:

19         (a)  The corporation may underwrite and make those

20  mortgage loans through the program to persons or families who

21  have incomes that do not exceed 80 percent of the state or

22  local median income, whichever is greater, adjusted for family

23  size.

24         (b)  Loans shall be made available for the term of the

25  first mortgage.

26         (c)  Loans are limited to the lesser of 25 percent of

27  the purchase price of the home or the amount necessary to

28  enable the purchaser to meet credit underwriting criteria.

29         (2)  For loans made pursuant to s.

30  420.507(24)(23)(a)3.:

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                                        CS/HB 789, First Engrossed



  1         (a)  Availability is limited to nonprofit sponsors or

  2  developers who are selected for program participation pursuant

  3  to this subsection.

  4         (b)  Preference must be given to community development

  5  corporations as defined in s. 290.033 and to community-based

  6  organizations as defined in s. 420.503.

  7         (c)  Priority must be given to projects that have

  8  received state assistance in funding project predevelopment

  9  costs.

10         (d)  The benefits of making such loans shall be

11  contractually provided to the persons or families purchasing

12  homes financed under this subsection.

13         (e)  At least 30 percent of the units in a project

14  financed pursuant to this subsection must be sold to persons

15  or families who have incomes that do not exceed 80 percent of

16  the state or local median income, whichever amount is greater,

17  adjusted for family size; and at least another 30 percent of

18  the units in a project financed pursuant to this subsection

19  must be sold to persons or families who have incomes that do

20  not exceed 50 percent of the state or local median income,

21  whichever amount is greater, adjusted for family size.

22         (f)  The maximum loan amount may not exceed 33 percent

23  of the total project cost.

24         (g)  A person who purchases a home in a project

25  financed under this subsection is eligible for a loan

26  authorized by s. 420.507(24)(23)(a)1. or 2. in an aggregate

27  amount not exceeding the construction loan made pursuant to

28  this subsection.  The home purchaser must meet all the

29  requirements for loan recipients established pursuant to the

30  applicable loan program.

31


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                                        CS/HB 789, First Engrossed



  1         (h)  The corporation shall provide, by rule, for the

  2  establishment of a review committee composed of corporation

  3  staff and shall establish, by rule, a scoring system for

  4  evaluating and ranking applications submitted for construction

  5  loans under this subsection, including, but not limited to,

  6  the following criteria:

  7         1.  The affordability of the housing proposed to be

  8  built.

  9         2.  The direct benefits of the assistance to the

10  persons who will reside in the proposed housing.

11         3.  The demonstrated capacity of the applicant to carry

12  out the proposal, including the experience of the development

13  team.

14         4.  The economic feasibility of the proposal.

15         5.  The extent to which the applicant demonstrates

16  potential cost savings by combining the benefits of different

17  governmental programs and private initiatives, including the

18  local government contributions and local government

19  comprehensive planning and activities that promote affordable

20  housing.

21         6.  The use of the least amount of program loan funds

22  compared to overall project cost.

23         7.  The provision of homeownership counseling.

24         8.  The applicant's agreement to exceed the

25  requirements of paragraph (e).

26         9.  The commitment of first mortgage financing for the

27  balance of the construction loan and for the permanent loans

28  to the purchasers of the housing.

29         10.  The applicant's ability to proceed with

30  construction.

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                                        CS/HB 789, First Engrossed



  1         11.  The targeting objectives of the corporation which

  2  will ensure an equitable distribution of loans between rural

  3  and urban areas.

  4         12.  The extent to which the proposal will further the

  5  purposes of this program.

  6         (i)  The corporation may reject any and all

  7  applications.

  8         (j)  The review committee established by corporation

  9  rule pursuant to this subsection shall make recommendations to

10  the corporation board regarding program participation under

11  this subsection. The corporation board shall make the final

12  ranking for participation based on the scores received in the

13  ranking, further review of the applications, and the

14  recommendations of the review committee. The corporation board

15  shall approve or reject applicants for loans and shall

16  determine the tentative loan amount available to each program

17  participant. The final loan amount shall be determined

18  pursuant to rule adopted under s. 420.507(24)(23)(h).

19         (4)  During the first 9 months of fund availability:

20         (a)  Sixty percent of the program funds shall be

21  reserved for use by borrowers pursuant to s.

22  420.507(24)(23)(a)1.;

23         (b)  Twenty percent of the program funds shall be

24  reserved for use by borrowers pursuant to s.

25  420.507(24)(23)(a)2.; and

26         (c)  Twenty percent of the program funds shall be

27  reserved for use by borrowers pursuant to s.

28  420.507(24)(23)(a)3.

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30  If the application of these percentages would cause the

31  reservation of program funds under paragraph (a) to be less


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                                        CS/HB 789, First Engrossed



  1  than $1 million, the reservation for paragraph (a) shall be

  2  increased to $1 million or all available funds, whichever

  3  amount is less, with the increase to be accomplished by

  4  reducing the reservation for paragraph (b) and, if necessary,

  5  paragraph (c).

  6         Section 8.  The implementation of subsection (7) of

  7  section 1 of this act is subject to specific appropriation or

  8  the availability of funds from the Department of Community

  9  Affairs.

10         Section 9.  This act shall take effect July 1, 2002.

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