HB 1141

1
A bill to be entitled
2An act relating to rural counties; transferring the Small
3County Technical Assistance Program by type two transfer
4from the Department of Agriculture and Consumer Services
5to the Department of Community Affairs; amending s.
6163.05, F.S.; changing references, to conform; amending s.
7288.0656; describing designees to the Rural Economic
8Development Initiative; updating the list of Rural
9Economic Development Initiative members; providing a
10definition; creating s. 288.06571, F.S.; providing
11definitions; authorizing the provision of grants to
12fiscally constrained counties; providing for a grant
13application process, a marketing process, review criteria,
14a review process, and a reporting requirement; providing
15for rulemaking; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  The Small County Technical Assistance Program,
20as authorized and governed by s. 163.05, Florida Statutes, is
21transferred by a type two transfer, as defined in s. 20.06(2),
22Florida Statutes, from the Department of Agriculture and
23Consumer Services to the Department of Community Affairs.
24     Section 2.  Section 163.05, Florida Statutes, is amended to
25read:
26     163.05  Small County Technical Assistance Program.--
27     (1)  Among small counties, the Legislature finds that:
28     (a)  The percentage of the population of small counties
29residing in the unincorporated areas is relatively high based on
30the United States Decennial Census of 2000.
31     (b)  Projected revenue and expenditure trends of the small
32counties indicate that a serious fiscal condition has developed
33that could require a number of small counties to declare
34financial emergencies.
35     (c)  Fiscal shortfalls persist even though 12 of the small
36counties levied the maximum ad valorem millage authorized in
37their jurisdictions in 2001 and an additional 15 small counties
38levied between 8 and 10 mills.
39     (d)  State and federal mandates will continue to place
40additional funding demands on small counties.
41     (2)  Recognizing the findings in subsection (1), the
42Legislature declares that:
43     (a)  The fiscal emergencies confronting small counties
44require an investment that will facilitate efforts to improve
45the productivity and efficiency of small counties' structures
46and operating procedures.
47     (b)  Current and additional revenue enhancements authorized
48by the Legislature should be managed and administered using
49appropriate management practices and expertise.
50     (3)  The purpose of this section is to provide technical
51assistance to small counties to enable them to implement
52workable solutions to financial and administrative problems. As
53used in this section, "small county" means a county that has a
54population of 75,000 or less.
55     (4)  The Department of Community Affairs Commissioner of
56Agriculture shall enter into contracts with program providers
57who shall:
58     (a)  Be a foundation that meets the requirements for
59nonprofit status under s. 501(c)(3) of the Internal Revenue Code
60with a governing board which includes in its membership county
61commissioners and professional staff of the county.
62     (b)  Have substantial and documented experience working
63closely with county governments in providing both educational
64and technical assistance.
65     (c)  Use existing resources, services, and information that
66are available from state or local agencies, universities, or the
67private sector.
68     (d)  Seek and accept funding from any public or private
69source.
70     (e)  Assist small counties in developing alternative
71revenue sources.
72     (f)  Provide assistance to small counties in areas such as
73financial management, accounting, investing, purchasing,
74planning and budgeting, debt issuance, public management,
75management systems, computers and information technology,
76economic and community development, and public safety
77management.
78     (g)  Provide for an annual independent financial audit of
79the program.
80     (h)  In each county served, conduct a needs assessment upon
81which the assistance provided for that county will be designed.
82     (5)(a)  The Department of Community Affairs Commissioner of
83Agriculture shall issue a request for proposals to provide
84assistance to small counties. The request for proposals shall be
85required no more frequently than every third year beginning with
86fiscal year 2004-2005. All contracts in existence on the
87effective date of this act between the Comptroller or the
88Commissioner of Agriculture and any other party with respect to
89the Small County Technical Assistance Program may be accepted by
90the Department of Community Affairs Commissioner of Agriculture
91as the party in interest and said contracts shall remain in full
92force and effect according to their terms.
93     (b)  The Department of Community Affairs Commissioner of
94Agriculture shall review each contract proposal submitted.
95     (c)  The Department of Community Affairs Commissioner of
96Agriculture shall consider the following factors in reviewing
97contract proposals:
98     1.  The demonstrated capacity of the provider to conduct
99needs assessments and implement the program as proposed.
100     2.  The number of small counties to be served under the
101proposal.
102     3.  The cost of the program as specified in a proposed
103budget.
104     4.  The short-term and long-term benefits of the assistance
105to small counties.
106     5.  The form and extent to which existing resources,
107services, and information that are available from state and
108local agencies, universities, and the private sector will be
109used by the provider under the contract.
110     (6)  A decision of the Department of Community Affairs
111Commissioner of Agriculture to award a contract under this
112section is final and shall be in writing.
113     (7)  The Department of Community Affairs Commissioner of
114Agriculture shall provide fiscal oversight to ensure that funds
115expended for the program are used in accordance with the
116contracts entered into pursuant to subsection (4) and shall
117conduct a performance review of the program as may be necessary
118to ensure that the goals and objectives of the program are being
119met.
120     Section 3.  Subsections (6) and (7) of section 288.0656,
121Florida Statutes, are amended to read:
122     288.0656  Rural Economic Development Initiative.--
123     (6)(a)  By August 1 of each year, the head of each of the
124following agencies and organizations shall designate a high-
125level staff person who directly reports to the head of from
126within the agency or organization to serve as the REDI
127representative for the agency or organization:
128     1.  The Department of Community Affairs.
129     2.  The Department of Transportation.
130     3.  The Department of Environmental Protection.
131     4.  The Department of Agriculture and Consumer Services.
132     5.  The Department of State.
133     6.  The Department of Health.
134     7.  The Department of Children and Family Services.
135     8.  The Department of Corrections.
136     9.  The Agency for Workforce Innovation.
137     10.  The Department of Education.
138     11.  The Department of Juvenile Justice.
139     12.  The Department of Elder Affairs.
140     13.  The Agency for Health Care Administration.
141     14.12.  The Fish and Wildlife Conservation Commission.
142     15.13.  Each water management district.
143     16.14.  Enterprise Florida, Inc.
144     17.15.  Workforce Florida, Inc.
145     18.16.  The Florida Commission on Tourism or VISIT Florida.
146     19.17.  The Florida Regional Planning Council Association.
147     20.18.  The Florida State Rural Development Council.
148     21.19.  The Institute of Food and Agricultural Sciences
149(IFAS).
150
151An alternate for each designee shall also be chosen, and the
152names of the designees and alternates shall be sent to the
153director of the Office of Tourism, Trade, and Economic
154Development.
155     (b)  Each REDI representative must have comprehensive
156knowledge of his or her agency's functions, both regulatory and
157service in nature, and of the state's economic goals, policies,
158and programs. This person shall be the primary point of contact
159for his or her agency with REDI on issues and projects relating
160to economically distressed rural communities and with regard to
161expediting project review, shall ensure a prompt effective
162response to problems arising with regard to rural issues, and
163shall work closely with the other REDI representatives in the
164identification of opportunities for preferential awards of
165program funds and allowances and waiver of program requirements
166when necessary to encourage and facilitate long-term private
167capital investment and job creation.
168     (c)  The REDI representatives shall work with REDI in the
169review and evaluation of statutes and rules for adverse impact
170on rural communities and the development of alternative
171proposals to mitigate that impact.
172     (d)  Each REDI representative shall be responsible for
173ensuring that each district office or facility of his or her
174agency is informed about the Rural Economic Development
175Initiative and for providing assistance throughout the agency in
176the implementation of REDI activities.
177     (7)(a)  REDI may recommend to the Governor up to three
178rural areas of critical economic concern. A rural area of
179critical economic concern must be a rural community, or a region
180composed of such, that has been adversely affected by an
181extraordinary economic event or a natural disaster or that
182presents a unique economic development opportunity of regional
183impact that will create more than 1,000 jobs over a 5-year
184period. The Governor may by executive order designate up to
185three rural areas of critical economic concern which will
186establish these areas as priority assignments for REDI as well
187as to allow the Governor, acting through REDI, to waive
188criteria, requirements, or similar provisions of any economic
189development incentive. Such incentives shall include, but not be
190limited to: the Qualified Target Industry Tax Refund Program
191under s. 288.106, the Quick Response Training Program under s.
192288.047, the Quick Response Training Program for participants in
193the welfare transition program under s. 288.047(8),
194transportation projects under s. 288.063, the brownfield
195redevelopment bonus refund under s. 288.107, and the rural job
196tax credit program under ss. 212.098 and 220.1895. Designation
197as a rural area of critical economic concern under this
198subsection shall be contingent upon the execution of a
199memorandum of agreement among the Office of Tourism, Trade, and
200Economic Development; the governing body of the county; and the
201governing bodies of any municipalities to be included within a
202rural area of critical economic concern. Such agreement shall
203specify the terms and conditions of the designation, including,
204but not limited to, the duties and responsibilities of the
205county and any participating municipalities to take actions
206designed to facilitate the retention and expansion of existing
207businesses in the area, as well as the recruitment of new
208businesses to the area.
209     (b)  The term ?fiscally constrained county? means a county
210designated as a rural area of critical economic concern for
211which the value of a mill in the county is no more than $3
212million based on the property valuations and tax data annually
213published by the Department of Revenue under s. 195.052. It is
214the intent of the Legislature that a fiscally constrained county
215for which the value of a mill in the county is at least $1
216million, and which receives benefits from the state, demonstrate
217progress toward ending its status as a fiscally constrained
218county and, as appropriate, provide increasing amounts of local
219financial support, commensurate with such progress, as match for
220state benefits.
221     Section 4.  Section 288.06571, Florida Statutes, is created
222to read:
223     288.06571  Fiscally constrained county grants.--
224     (1)  Definitions.--As used in this section, the term:
225     (a)  ?Fiscally constrained county? has the same meaning
226ascribed in s. 288.0656.
227     (b)  ?Department? means the Department of Community
228Affairs.
229     (2)  The department may accept and administer moneys
230appropriated to it for providing grants to assist fiscally
231constrained counties with government services or infrastructure
232development, including, but not limited to, for use as matching
233funds for larger grants that would improve government services
234or promote infrastructure development or for use as seed funding
235for long-term projects.
236     (3)  The department, in consultation with the Rural
237Economic Development Initiative, shall establish a competitive
238grant application process for fiscally constrained counties. The
239process must not be burdensome to any applicant and the Rural
240Economic Development Initiative shall provide, or facilitate the
241provision of, technical and administrative assistance to any
242applicant that requests assistance in completing an application
243or grantee that requests such assistance with respect to grant-
244related activities. Although this grant program is competitive
245in nature, it is the intent of the Legislature that the program
246promote full participation of eligible applicants.
247     (4)  The Rural Economic Development Initiative shall
248directly and aggressively inform, through various communications
249media, fiscally constrained counties about the grant program and
250the availability of funds.
251     (5)  The department, in consultation with the Rural
252Economic Development Initiative, shall establish criteria for
253reviewing grant applications. These criteria must include, but
254are not limited to, the need for a grant and the degree of
255participation and commitment by the local community in the
256proposed grant-funded activity.
257     (6)  The department and the Rural Economic Development
258Initiative shall review grant applications. The department, in
259consultation with the Rural Economic Development Initiative,
260shall approve grant award amounts and award grants as soon as
261practicable after such review.
262     (7)  At least annually and upon completion of grant-funded
263activities, a fiscally constrained county receiving a grant must
264provide the department a written report describing the status of
265grant-funded activities, the cumulative benefit to the county of
266those activities, the nature and amount of local or other
267financial support used for those activities, and the progress
268made toward ending the county?s status as a fiscally constrained
269county. The department shall transmit a copy of the report to
270the Rural Economic Development Initiative.
271     (8) The department may adopt rules pursuant to ss.
272120.536(1) and 120.54 to implement the provisions of this
273section conferring duties upon it.
274     Section 5.  This act shall take effect July 1, 2004.


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