1 | The Committee on Agriculture recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to rural counties; amending s. 163.05, |
7 | F.S.; revising requirements for program providers entering |
8 | into contracts with the Department of Agriculture and |
9 | Consumer Services to provide assistance under the Small |
10 | County Technical Assistance Program; amending s. 288.0656, |
11 | F.S.; describing designees to the Rural Economic |
12 | Development Initiative; updating the list of Rural |
13 | Economic Development Initiative members; providing a |
14 | definition; creating s. 288.06571, F.S.; providing |
15 | definitions; authorizing the provision of grants to |
16 | fiscally constrained counties; providing for a grant |
17 | application process, a marketing process, review criteria, |
18 | a review process, and a reporting requirement; providing |
19 | for rulemaking; providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Subsection (4) of section 163.05, Florida |
24 | Statutes, is amended to read: |
25 | 163.05 Small County Technical Assistance Program.-- |
26 | (4) The Commissioner of Agriculture shall enter into |
27 | contracts with program providers who shall: |
28 | (a) Meet the requirement for nonprofit status under s. |
29 | 501(c)(3) of the Internal Revenue Code or be a registered |
30 | Florida nonprofit corporation pursuant to chapter 617. Be a |
31 | foundation that meets the requirements for nonprofit status |
32 | under s. 501(c)(3) of the Internal Revenue Code with a governing |
33 | board which includes in its membership county commissioners and |
34 | professional staff of the county. |
35 | (b) Have substantial and documented experience working |
36 | closely with county governments in providing both educational |
37 | and technical assistance. |
38 | (c) Use existing resources, services, and information that |
39 | are available from state or local agencies, universities, or the |
40 | private sector. |
41 | (d) Seek and accept funding from any public or private |
42 | source. |
43 | (e) Assist small counties in developing alternative |
44 | revenue sources. |
45 | (e)(f) Provide assistance to small counties in areas such |
46 | as leadership, fiscal matters, alternative revenue sources, |
47 | financial management, accounting, investing, purchasing, |
48 | planning and budgeting, debt issuance, public management, |
49 | management systems, computers and information technology, |
50 | transportation issues, economic and community development, and |
51 | public safety management. |
52 | (f)(g) Provide for an annual independent financial audit |
53 | of the program. |
54 | (g)(h) In each county served, conduct a needs assessment |
55 | upon which the assistance provided for that county will be |
56 | designed. |
57 | Section 2. Subsections (6) and (7) of section 288.0656, |
58 | Florida Statutes, are amended to read: |
59 | 288.0656 Rural Economic Development Initiative.-- |
60 | (6)(a) By August 1 of each year, the head of each of the |
61 | following agencies and organizations shall designate a high- |
62 | level staff person who directly reports to the head of from |
63 | within the agency or organization to serve as the REDI |
64 | representative for the agency or organization: |
65 | 1. The Department of Community Affairs. |
66 | 2. The Department of Transportation. |
67 | 3. The Department of Environmental Protection. |
68 | 4. The Department of Agriculture and Consumer Services. |
69 | 5. The Department of State. |
70 | 6. The Department of Health. |
71 | 7. The Department of Children and Family Services. |
72 | 8. The Department of Corrections. |
73 | 9. The Agency for Workforce Innovation. |
74 | 10. The Department of Education. |
75 | 11. The Department of Juvenile Justice. |
76 | 12. The Department of Elder Affairs. |
77 | 13. The Agency for Health Care Administration. |
78 | 14.12. The Fish and Wildlife Conservation Commission. |
79 | 15.13. Each water management district. |
80 | 16.14. Enterprise Florida, Inc. |
81 | 17.15. Workforce Florida, Inc. |
82 | 18.16. The Florida Commission on Tourism or VISIT Florida. |
83 | 19.17. The Florida Regional Planning Council Association. |
84 | 20.18. The Florida State Rural Development Council. |
85 | 21.19. The Institute of Food and Agricultural Sciences |
86 | (IFAS). |
87 |
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88 | An alternate for each designee shall also be chosen, and the |
89 | names of the designees and alternates shall be sent to the |
90 | director of the Office of Tourism, Trade, and Economic |
91 | Development. |
92 | (b) Each REDI representative must have comprehensive |
93 | knowledge of his or her agency's functions, both regulatory and |
94 | service in nature, and of the state's economic goals, policies, |
95 | and programs. This person shall be the primary point of contact |
96 | for his or her agency with REDI on issues and projects relating |
97 | to economically distressed rural communities and with regard to |
98 | expediting project review, shall ensure a prompt effective |
99 | response to problems arising with regard to rural issues, and |
100 | shall work closely with the other REDI representatives in the |
101 | identification of opportunities for preferential awards of |
102 | program funds and allowances and waiver of program requirements |
103 | when necessary to encourage and facilitate long-term private |
104 | capital investment and job creation. |
105 | (c) The REDI representatives shall work with REDI in the |
106 | review and evaluation of statutes and rules for adverse impact |
107 | on rural communities and the development of alternative |
108 | proposals to mitigate that impact. |
109 | (d) Each REDI representative shall be responsible for |
110 | ensuring that each district office or facility of his or her |
111 | agency is informed about the Rural Economic Development |
112 | Initiative and for providing assistance throughout the agency in |
113 | the implementation of REDI activities. |
114 | (7)(a) REDI may recommend to the Governor up to three |
115 | rural areas of critical economic concern. A rural area of |
116 | critical economic concern must be a rural community, or a region |
117 | composed of such, that has been adversely affected by an |
118 | extraordinary economic event or a natural disaster or that |
119 | presents a unique economic development opportunity of regional |
120 | impact that will create more than 1,000 jobs over a 5-year |
121 | period. The Governor may by executive order designate up to |
122 | three rural areas of critical economic concern which will |
123 | establish these areas as priority assignments for REDI as well |
124 | as to allow the Governor, acting through REDI, to waive |
125 | criteria, requirements, or similar provisions of any economic |
126 | development incentive. Such incentives shall include, but not be |
127 | limited to: the Qualified Target Industry Tax Refund Program |
128 | under s. 288.106, the Quick Response Training Program under s. |
129 | 288.047, the Quick Response Training Program for participants in |
130 | the welfare transition program under s. 288.047(8), |
131 | transportation projects under s. 288.063, the brownfield |
132 | redevelopment bonus refund under s. 288.107, and the rural job |
133 | tax credit program under ss. 212.098 and 220.1895. Designation |
134 | as a rural area of critical economic concern under this |
135 | subsection shall be contingent upon the execution of a |
136 | memorandum of agreement among the Office of Tourism, Trade, and |
137 | Economic Development; the governing body of the county; and the |
138 | governing bodies of any municipalities to be included within a |
139 | rural area of critical economic concern. Such agreement shall |
140 | specify the terms and conditions of the designation, including, |
141 | but not limited to, the duties and responsibilities of the |
142 | county and any participating municipalities to take actions |
143 | designed to facilitate the retention and expansion of existing |
144 | businesses in the area, as well as the recruitment of new |
145 | businesses to the area. |
146 | (b) The term "fiscally constrained county" means a county |
147 | designated as a rural area of critical economic concern for |
148 | which the value of a mill in the county is no more than $3 |
149 | million based on the property valuations and tax data annually |
150 | published by the Department of Revenue under s. 195.052. It is |
151 | the intent of the Legislature that a fiscally constrained county |
152 | for which the value of a mill in the county is at least $1 |
153 | million, and which receives benefits from the state, demonstrate |
154 | progress toward ending its status as a fiscally constrained |
155 | county and, as appropriate, provide increasing amounts of local |
156 | financial support, commensurate with such progress, as match for |
157 | state benefits. |
158 | Section 3. Section 288.06571, Florida Statutes, is created |
159 | to read: |
160 | 288.06571 Fiscally constrained county grants.-- |
161 | (1) Definitions.--As used in this section, the term: |
162 | (a) "Fiscally constrained county" has the same meaning |
163 | ascribed in s. 288.0656. |
164 | (b) "Department" means the Department of Community |
165 | Affairs. |
166 | (2) The department may accept and administer moneys |
167 | appropriated to it for providing grants to assist fiscally |
168 | constrained counties with government services or infrastructure |
169 | development, including, but not limited to, for use as matching |
170 | funds for larger grants that would improve government services |
171 | or promote infrastructure development or for use as seed funding |
172 | for long-term projects. |
173 | (3) The department, in consultation with the Rural |
174 | Economic Development Initiative, shall establish a grant |
175 | application process for fiscally constrained counties. It is the |
176 | intent of the Legislature that the process promote full |
177 | participation of eligible applicants by providing a grant award |
178 | to each eligible county that completes the application process, |
179 | and award amounts shall be determined using a weighted factor |
180 | based on local efforts, including, but not limited to, mills |
181 | levied. The process must not be burdensome to any applicant. The |
182 | Rural Economic Development Initiative shall provide, or |
183 | facilitate the provision of, technical and administrative |
184 | assistance to any applicant that requests assistance in |
185 | completing an application or to any grantee that requests such |
186 | assistance with respect to grant-related activities. |
187 | (4) The Rural Economic Development Initiative shall |
188 | directly and aggressively inform, through various communications |
189 | media, fiscally constrained counties about the grant program and |
190 | the availability of funds. |
191 | (5) The department, in consultation with the Rural |
192 | Economic Development Initiative, shall establish criteria for |
193 | reviewing grant applications. These criteria must include, but |
194 | are not limited to, the need for a grant and the degree of |
195 | participation and commitment by the local community in the |
196 | proposed grant-funded activity. |
197 | (6) The department and the Rural Economic Development |
198 | Initiative shall review grant applications. The department, in |
199 | consultation with the Rural Economic Development Initiative, |
200 | shall approve grant award amounts and award grants as soon as |
201 | practicable after such review. |
202 | (7) At least annually and upon completion of grant-funded |
203 | activities, a fiscally constrained county receiving a grant must |
204 | provide the department with a written report describing the |
205 | status of grant-funded activities, the cumulative benefit to the |
206 | county of those activities, the nature and amount of local or |
207 | other financial support used for those activities, and the |
208 | progress made toward ending the county's status as a fiscally |
209 | constrained county. The department shall transmit a copy of the |
210 | report to the Rural Economic Development Initiative. |
211 | (8) The department may adopt rules pursuant to ss. |
212 | 120.536(1) and 120.54 to implement the provisions of this |
213 | section conferring duties upon it. |
214 | Section 4. This act shall take effect July 1, 2004. |