1 | A bill to be entitled |
2 | An act relating to rural counties; transferring the Small |
3 | County Technical Assistance Program by type two transfer |
4 | from the Department of Agriculture and Consumer Services |
5 | to the Department of Community Affairs; amending s. |
6 | 163.05, F.S.; changing references, to conform; amending s. |
7 | 288.0656; describing designees to the Rural Economic |
8 | Development Initiative; updating the list of Rural |
9 | Economic Development Initiative members; providing a |
10 | definition; creating s. 288.06571, F.S.; providing |
11 | definitions; authorizing the provision of grants to |
12 | fiscally constrained counties; providing for a grant |
13 | application process, a marketing process, review criteria, |
14 | a review process, and a reporting requirement; providing |
15 | for rulemaking; providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. The Small County Technical Assistance Program, |
20 | as authorized and governed by s. 163.05, Florida Statutes, is |
21 | transferred by a type two transfer, as defined in s. 20.06(2), |
22 | Florida Statutes, from the Department of Agriculture and |
23 | Consumer Services to the Department of Community Affairs. |
24 | Section 2. Section 163.05, Florida Statutes, is amended to |
25 | read: |
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 |
29 | residing in the unincorporated areas is relatively high based on |
30 | the United States Decennial Census of 2000. |
31 | (b) Projected revenue and expenditure trends of the small |
32 | counties indicate that a serious fiscal condition has developed |
33 | that could require a number of small counties to declare |
34 | financial emergencies. |
35 | (c) Fiscal shortfalls persist even though 12 of the small |
36 | counties levied the maximum ad valorem millage authorized in |
37 | their jurisdictions in 2001 and an additional 15 small counties |
38 | levied between 8 and 10 mills. |
39 | (d) State and federal mandates will continue to place |
40 | additional funding demands on small counties. |
41 | (2) Recognizing the findings in subsection (1), the |
42 | Legislature declares that: |
43 | (a) The fiscal emergencies confronting small counties |
44 | require an investment that will facilitate efforts to improve |
45 | the productivity and efficiency of small counties' structures |
46 | and operating procedures. |
47 | (b) Current and additional revenue enhancements authorized |
48 | by the Legislature should be managed and administered using |
49 | appropriate management practices and expertise. |
50 | (3) The purpose of this section is to provide technical |
51 | assistance to small counties to enable them to implement |
52 | workable solutions to financial and administrative problems. As |
53 | used in this section, "small county" means a county that has a |
54 | population of 75,000 or less. |
55 | (4) The Department of Community Affairs Commissioner of |
56 | Agriculture shall enter into contracts with program providers |
57 | who shall: |
58 | (a) Be a foundation that meets the requirements for |
59 | nonprofit status under s. 501(c)(3) of the Internal Revenue Code |
60 | with a governing board which includes in its membership county |
61 | commissioners and professional staff of the county. |
62 | (b) Have substantial and documented experience working |
63 | closely with county governments in providing both educational |
64 | and technical assistance. |
65 | (c) Use existing resources, services, and information that |
66 | are available from state or local agencies, universities, or the |
67 | private sector. |
68 | (d) Seek and accept funding from any public or private |
69 | source. |
70 | (e) Assist small counties in developing alternative |
71 | revenue sources. |
72 | (f) Provide assistance to small counties in areas such as |
73 | financial management, accounting, investing, purchasing, |
74 | planning and budgeting, debt issuance, public management, |
75 | management systems, computers and information technology, |
76 | economic and community development, and public safety |
77 | management. |
78 | (g) Provide for an annual independent financial audit of |
79 | the program. |
80 | (h) In each county served, conduct a needs assessment upon |
81 | which the assistance provided for that county will be designed. |
82 | (5)(a) The Department of Community Affairs Commissioner of |
83 | Agriculture shall issue a request for proposals to provide |
84 | assistance to small counties. The request for proposals shall be |
85 | required no more frequently than every third year beginning with |
86 | fiscal year 2004-2005. All contracts in existence on the |
87 | effective date of this act between the Comptroller or the |
88 | Commissioner of Agriculture and any other party with respect to |
89 | the Small County Technical Assistance Program may be accepted by |
90 | the Department of Community Affairs Commissioner of Agriculture |
91 | as the party in interest and said contracts shall remain in full |
92 | force and effect according to their terms. |
93 | (b) The Department of Community Affairs Commissioner of |
94 | Agriculture shall review each contract proposal submitted. |
95 | (c) The Department of Community Affairs Commissioner of |
96 | Agriculture shall consider the following factors in reviewing |
97 | contract proposals: |
98 | 1. The demonstrated capacity of the provider to conduct |
99 | needs assessments and implement the program as proposed. |
100 | 2. The number of small counties to be served under the |
101 | proposal. |
102 | 3. The cost of the program as specified in a proposed |
103 | budget. |
104 | 4. The short-term and long-term benefits of the assistance |
105 | to small counties. |
106 | 5. The form and extent to which existing resources, |
107 | services, and information that are available from state and |
108 | local agencies, universities, and the private sector will be |
109 | used by the provider under the contract. |
110 | (6) A decision of the Department of Community Affairs |
111 | Commissioner of Agriculture to award a contract under this |
112 | section is final and shall be in writing. |
113 | (7) The Department of Community Affairs Commissioner of |
114 | Agriculture shall provide fiscal oversight to ensure that funds |
115 | expended for the program are used in accordance with the |
116 | contracts entered into pursuant to subsection (4) and shall |
117 | conduct a performance review of the program as may be necessary |
118 | to ensure that the goals and objectives of the program are being |
119 | met. |
120 | Section 3. Subsections (6) and (7) of section 288.0656, |
121 | Florida 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 |
124 | following agencies and organizations shall designate a high- |
125 | level staff person who directly reports to the head of from |
126 | within the agency or organization to serve as the REDI |
127 | representative 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 |
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151 | An alternate for each designee shall also be chosen, and the |
152 | names of the designees and alternates shall be sent to the |
153 | director of the Office of Tourism, Trade, and Economic |
154 | Development. |
155 | (b) Each REDI representative must have comprehensive |
156 | knowledge of his or her agency's functions, both regulatory and |
157 | service in nature, and of the state's economic goals, policies, |
158 | and programs. This person shall be the primary point of contact |
159 | for his or her agency with REDI on issues and projects relating |
160 | to economically distressed rural communities and with regard to |
161 | expediting project review, shall ensure a prompt effective |
162 | response to problems arising with regard to rural issues, and |
163 | shall work closely with the other REDI representatives in the |
164 | identification of opportunities for preferential awards of |
165 | program funds and allowances and waiver of program requirements |
166 | when necessary to encourage and facilitate long-term private |
167 | capital investment and job creation. |
168 | (c) The REDI representatives shall work with REDI in the |
169 | review and evaluation of statutes and rules for adverse impact |
170 | on rural communities and the development of alternative |
171 | proposals to mitigate that impact. |
172 | (d) Each REDI representative shall be responsible for |
173 | ensuring that each district office or facility of his or her |
174 | agency is informed about the Rural Economic Development |
175 | Initiative and for providing assistance throughout the agency in |
176 | the implementation of REDI activities. |
177 | (7)(a) REDI may recommend to the Governor up to three |
178 | rural areas of critical economic concern. A rural area of |
179 | critical economic concern must be a rural community, or a region |
180 | composed of such, that has been adversely affected by an |
181 | extraordinary economic event or a natural disaster or that |
182 | presents a unique economic development opportunity of regional |
183 | impact that will create more than 1,000 jobs over a 5-year |
184 | period. The Governor may by executive order designate up to |
185 | three rural areas of critical economic concern which will |
186 | establish these areas as priority assignments for REDI as well |
187 | as to allow the Governor, acting through REDI, to waive |
188 | criteria, requirements, or similar provisions of any economic |
189 | development incentive. Such incentives shall include, but not be |
190 | limited to: the Qualified Target Industry Tax Refund Program |
191 | under s. 288.106, the Quick Response Training Program under s. |
192 | 288.047, the Quick Response Training Program for participants in |
193 | the welfare transition program under s. 288.047(8), |
194 | transportation projects under s. 288.063, the brownfield |
195 | redevelopment bonus refund under s. 288.107, and the rural job |
196 | tax credit program under ss. 212.098 and 220.1895. Designation |
197 | as a rural area of critical economic concern under this |
198 | subsection shall be contingent upon the execution of a |
199 | memorandum of agreement among the Office of Tourism, Trade, and |
200 | Economic Development; the governing body of the county; and the |
201 | governing bodies of any municipalities to be included within a |
202 | rural area of critical economic concern. Such agreement shall |
203 | specify the terms and conditions of the designation, including, |
204 | but not limited to, the duties and responsibilities of the |
205 | county and any participating municipalities to take actions |
206 | designed to facilitate the retention and expansion of existing |
207 | businesses in the area, as well as the recruitment of new |
208 | businesses to the area. |
209 | (b) The term ?fiscally constrained county? means a county |
210 | designated as a rural area of critical economic concern for |
211 | which the value of a mill in the county is no more than $3 |
212 | million based on the property valuations and tax data annually |
213 | published by the Department of Revenue under s. 195.052. It is |
214 | the intent of the Legislature that a fiscally constrained county |
215 | for which the value of a mill in the county is at least $1 |
216 | million, and which receives benefits from the state, demonstrate |
217 | progress toward ending its status as a fiscally constrained |
218 | county and, as appropriate, provide increasing amounts of local |
219 | financial support, commensurate with such progress, as match for |
220 | state benefits. |
221 | Section 4. Section 288.06571, Florida Statutes, is created |
222 | to 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 |
226 | ascribed in s. 288.0656. |
227 | (b) ?Department? means the Department of Community |
228 | Affairs. |
229 | (2) The department may accept and administer moneys |
230 | appropriated to it for providing grants to assist fiscally |
231 | constrained counties with government services or infrastructure |
232 | development, including, but not limited to, for use as matching |
233 | funds for larger grants that would improve government services |
234 | or promote infrastructure development or for use as seed funding |
235 | for long-term projects. |
236 | (3) The department, in consultation with the Rural |
237 | Economic Development Initiative, shall establish a competitive |
238 | grant application process for fiscally constrained counties. The |
239 | process must not be burdensome to any applicant and the Rural |
240 | Economic Development Initiative shall provide, or facilitate the |
241 | provision of, technical and administrative assistance to any |
242 | applicant that requests assistance in completing an application |
243 | or grantee that requests such assistance with respect to grant- |
244 | related activities. Although this grant program is competitive |
245 | in nature, it is the intent of the Legislature that the program |
246 | promote full participation of eligible applicants. |
247 | (4) The Rural Economic Development Initiative shall |
248 | directly and aggressively inform, through various communications |
249 | media, fiscally constrained counties about the grant program and |
250 | the availability of funds. |
251 | (5) The department, in consultation with the Rural |
252 | Economic Development Initiative, shall establish criteria for |
253 | reviewing grant applications. These criteria must include, but |
254 | are not limited to, the need for a grant and the degree of |
255 | participation and commitment by the local community in the |
256 | proposed grant-funded activity. |
257 | (6) The department and the Rural Economic Development |
258 | Initiative shall review grant applications. The department, in |
259 | consultation with the Rural Economic Development Initiative, |
260 | shall approve grant award amounts and award grants as soon as |
261 | practicable after such review. |
262 | (7) At least annually and upon completion of grant-funded |
263 | activities, a fiscally constrained county receiving a grant must |
264 | provide the department a written report describing the status of |
265 | grant-funded activities, the cumulative benefit to the county of |
266 | those activities, the nature and amount of local or other |
267 | financial support used for those activities, and the progress |
268 | made toward ending the county?s status as a fiscally constrained |
269 | county. The department shall transmit a copy of the report to |
270 | the Rural Economic Development Initiative. |
271 | (8) The department may adopt rules pursuant to ss. |
272 | 120.536(1) and 120.54 to implement the provisions of this |
273 | section conferring duties upon it. |
274 | Section 5. This act shall take effect July 1, 2004. |