Senate Bill sb1286c1

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    Florida Senate - 2004                           CS for SB 1286

    By the Committee on Appropriations; and Senator Webster





    309-2352-04

  1                      A bill to be entitled

  2         An act relating to governmental organization;

  3         transferring the Office of Urban Opportunity

  4         from the Executive Office of the Governor to

  5         the Department of Community Affairs;

  6         transferring the State Energy Program and the

  7         Clean Fuel Florida Advisory Board from the

  8         Department of Community Affairs to the

  9         Department of Environmental Protection;

10         excluding the transfer of certain associated

11         trust funds; transferring the Affordable

12         Housing Catalyst Program from the Department of

13         Community Affairs to the Florida Housing

14         Finance Corporation; excluding the transfer of

15         certain associated trust funds; repealing s.

16         14.2015(9), F.S., relating to the establishment

17         of the Office of Urban Opportunity within the

18         Office of Tourism, Trade, and Economic

19         Development of the Executive Office of the

20         Governor; amending s. 20.18, F.S.; revising

21         duties of the Department of Community Affairs

22         to conform to changes made by the act;

23         establishing the Office of Urban Opportunity

24         within the Department of Community Affairs;

25         amending s. 20.255, F.S.; providing duties of

26         the Department of Environmental Protection with

27         respect to the state's energy policy, to

28         conform; amending s. 163.03, F.S., relating to

29         the Coastal Energy Impact Program; conforming

30         provisions to changes made by the act; amending

31         ss. 212.08 and 220.183, F.S.; conforming

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 1         cross-references; amending s. 288.041, F.S.,

 2         relating to the solar energy industry;

 3         conforming provisions to the transfer of duties

 4         to the Department of Environmental Protection;

 5         amending s. 288.95155, F.S., relating to the

 6         Florida Small Business Technology Growth

 7         Program; deleting obsolete provisions; amending

 8         ss. 377.602, 377.603, 377.701, and 377.703,

 9         F.S., relating to the state's energy programs

10         and policies; conforming provisions to the

11         transfer of duties to the Department of

12         Environmental Protection; authorizing the

13         Department of Environmental Protection to adopt

14         rules to administer the Coastal Energy Impact

15         Program; amending s. 380.504, F.S.; authorizing

16         the Secretary of Community Affairs to appoint a

17         designee to the governing body of the Florida

18         Communities Trust; amending s. 381.7354, F.S.;

19         conforming a cross-reference; amending s.

20         403.42, F.S., relating to the Florida Clean

21         Fuel Act; conforming provisions to the transfer

22         of duties to the Department of Environmental

23         Protection; amending s. 420.507, F.S., relating

24         to the Florida Housing Finance Corporation;

25         authorizing the corporation to provide

26         resources to the Affordable Housing Study

27         Commission and perform other duties; creating

28         s. 420.531, F.S.; providing legislative

29         findings with respect to supporting local

30         communities in providing affordable housing;

31         providing for the corporation to administer the

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    Florida Senate - 2004                           CS for SB 1286
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 1         Affordable Housing Catalyst Program; providing

 2         the purpose of the program and responsibilities

 3         of the corporation; amending ss. 420.6015,

 4         420.606, and 420.9075, F.S.; conforming

 5         provisions to the transfer of the Affordable

 6         Housing Catalyst Program to the Florida Housing

 7         Finance Corporation; amending s. 420.609, F.S.;

 8         deleting duties of the Department of Community

 9         Affairs with respect to the Affordable Housing

10         Study Commission; amending s. 420.631, F.S.;

11         conforming provisions to the transfer of the

12         Office of Urban Opportunity to the Department

13         of Community Affairs; amending s. 624.5105,

14         F.S.; conforming a cross-reference; providing

15         an effective date.

16  

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

18  

19         Section 1.  The Office of Urban Opportunity within the

20  Executive Office of the Governor, as authorized and governed

21  by section 14.2015(9), Florida Statutes, is transferred by a

22  type two transfer, as defined in section 20.06(2), Florida

23  Statutes, to the Department of Community Affairs.

24         Section 2.  The State Energy Program, as authorized and

25  governed by sections 20.18, 288.041, 377.601-377.608, 377.701,

26  and 377.703, Florida Statutes, and the Clean Fuel Florida

27  Advisory Board, as authorized and governed by section 403.42,

28  Florida Statutes, are transferred by a type two transfer, as

29  defined in section 20.06(2), Florida Statutes, from the

30  Department of Community Affairs to the Department of

31  Environmental Protection. Notwithstanding section 20.06(2),

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    Florida Senate - 2004                           CS for SB 1286
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 1  Florida Statutes, trust funds associated with this program and

 2  board shall remain within the Department of Community Affairs.

 3         Section 3.  The Affordable Housing Catalyst Program, as

 4  authorized and governed by section 420.606, Florida Statutes,

 5  is transferred by a type two transfer, as defined in section

 6  20.06(2), Florida Statutes, from the Department of Community

 7  Affairs to the Florida Housing Finance Corporation.

 8  Notwithstanding section 20.06(2), Florida Statutes, trust

 9  funds associated with this program shall remain within the

10  Department of Community Affairs.

11         Section 4.  Subsection (9) of section 14.2015, Florida

12  Statutes, is repealed.

13         Section 5.  Subsection (6) of section 20.18, Florida

14  Statutes, is amended to read:

15         20.18  Department of Community Affairs.--There is

16  created a Department of Community Affairs.

17         (6)  The Office of Urban Opportunity is created within

18  the Department of Community Affairs. The purpose of the office

19  is to administer the Front Porch Florida initiative, a

20  comprehensive, community-based urban core redevelopment

21  program that enables urban core residents to craft solutions

22  to the unique challenges of each designated community. The

23  department is the agency of state government responsible for

24  collection and analysis of information on energy resources in

25  this state, for coordination of the energy conservation

26  programs of state agencies, and for coordination of the

27  development, review, and implementation of state energy

28  policy. The energy program responsibilities of the department

29  set forth in this subsection shall be carried out by the

30  Office of the Secretary of Community Affairs until such time

31  as the secretary determines that such responsibilities should

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    Florida Senate - 2004                           CS for SB 1286
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 1  be redistributed within the various divisions of the

 2  department and submits a report to the Legislature with

 3  respect thereto.

 4         Section 6.  Subsection (8) is added to section 20.255,

 5  Florida Statutes, to read:

 6         20.255  Department of Environmental Protection.--There

 7  is created a Department of Environmental Protection.

 8         (8)  The department is the agency of state government

 9  responsible for collecting and analyzing information

10  concerning energy resources in this state; for coordinating

11  the energy conservation programs of state agencies; and for

12  coordinating the development, review, and implementation of

13  the state's energy policy.

14         Section 7.  Paragraph (b) of subsection (3) of section

15  163.03, Florida Statutes, is amended to read:

16         163.03  Secretary of Community Affairs; powers and

17  duties; function of Department of Community Affairs with

18  respect to federal grant-in-aid programs.--

19         (3)  The department is authorized to adopt rules

20  implementing the following grant programs, which rules shall

21  be consistent with the laws, regulations, or guidelines

22  governing the grant to the department:

23         (b)  Grants under the federal programs known as the

24  Coastal Energy Impact Program and the Outer Continental Shelf

25  Program administered by the Bureau of Land and Water

26  Management.

27         Section 8.  Paragraph (q) of subsection (5) of section

28  212.08, Florida Statutes, is amended to read:

29         212.08  Sales, rental, use, consumption, distribution,

30  and storage tax; specified exemptions.--The sale at retail,

31  the rental, the use, the consumption, the distribution, and

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    Florida Senate - 2004                           CS for SB 1286
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 1  the storage to be used or consumed in this state of the

 2  following are hereby specifically exempt from the tax imposed

 3  by this chapter.

 4         (5)  EXEMPTIONS; ACCOUNT OF USE.--

 5         (q)  Community contribution tax credit for donations.--

 6         1.  Authorization.--Beginning July 1, 2001, persons who

 7  are registered with the department under s. 212.18 to collect

 8  or remit sales or use tax and who make donations to eligible

 9  sponsors are eligible for tax credits against their state

10  sales and use tax liabilities as provided in this paragraph:

11         a.  The credit shall be computed as 50 percent of the

12  person's approved annual community contribution;

13         b.  The credit shall be granted as a refund against

14  state sales and use taxes reported on returns and remitted in

15  the 12 months preceding the date of application to the

16  department for the credit as required in sub-subparagraph 3.c.

17  If the annual credit is not fully used through such refund

18  because of insufficient tax payments during the applicable

19  12-month period, the unused amount may be included in an

20  application for a refund made pursuant to sub-subparagraph

21  3.c. in subsequent years against the total tax payments made

22  for such year. Carryover credits may be applied for a 3-year

23  period without regard to any time limitation that would

24  otherwise apply under s. 215.26;

25         c.  No person shall receive more than $200,000 in

26  annual tax credits for all approved community contributions

27  made in any one year;

28         d.  All proposals for the granting of the tax credit

29  shall require the prior approval of the Office of Tourism,

30  Trade, and Economic Development;

31  

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    Florida Senate - 2004                           CS for SB 1286
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 1         e.  The total amount of tax credits which may be

 2  granted for all programs approved under this paragraph, s.

 3  220.183, and s. 624.5105 is $10 million annually; and

 4         f.  A person who is eligible to receive the credit

 5  provided for in this paragraph, s. 220.183, or s. 624.5105 may

 6  receive the credit only under the one section of the person's

 7  choice.

 8         2.  Eligibility requirements.--

 9         a.  A community contribution by a person must be in the

10  following form:

11         (I)  Cash or other liquid assets;

12         (II)  Real property;

13         (III)  Goods or inventory; or

14         (IV)  Other physical resources as identified by the

15  Office of Tourism, Trade, and Economic Development.

16         b.  All community contributions must be reserved

17  exclusively for use in a project. As used in this

18  sub-subparagraph, the term "project" means any activity

19  undertaken by an eligible sponsor which is designed to

20  construct, improve, or substantially rehabilitate housing that

21  is affordable to low-income or very-low-income households as

22  defined in s. 420.9071(19) and (28); designed to provide

23  commercial, industrial, or public resources and facilities; or

24  designed to improve entrepreneurial and job-development

25  opportunities for low-income persons. A project may be the

26  investment necessary to increase access to high-speed

27  broadband capability in rural communities with enterprise

28  zones, including projects that result in improvements to

29  communications assets that are owned by a business. A project

30  may include the provision of museum educational programs and

31  materials that are directly related to any project approved

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 1  between January 1, 1996, and December 31, 1999, and located in

 2  an enterprise zone as referenced in s. 290.00675. This

 3  paragraph does not preclude projects that propose to construct

 4  or rehabilitate housing for low-income or very-low-income

 5  households on scattered sites. The Office of Tourism, Trade,

 6  and Economic Development may reserve up to 50 percent of the

 7  available annual tax credits for housing for very-low-income

 8  households pursuant to s. 420.9071(28) for the first 6 months

 9  of the fiscal year. With respect to housing, contributions may

10  be used to pay the following eligible low-income and

11  very-low-income housing-related activities:

12         (I)  Project development impact and management fees for

13  low-income or very-low-income housing projects;

14         (II)  Down payment and closing costs for eligible

15  persons, as defined in s. 420.9071(19) and (28);

16         (III)  Administrative costs, including housing

17  counseling and marketing fees, not to exceed 10 percent of the

18  community contribution, directly related to low-income or

19  very-low-income projects; and

20         (IV)  Removal of liens recorded against residential

21  property by municipal, county, or special district local

22  governments when satisfaction of the lien is a necessary

23  precedent to the transfer of the property to an eligible

24  person, as defined in s. 420.9071(19) and (28), for the

25  purpose of promoting home ownership. Contributions for lien

26  removal must be received from a nonrelated third party.

27         c.  The project must be undertaken by an "eligible

28  sponsor," which includes:

29         (I)  A community action program;

30         (II)  A nonprofit community-based development

31  organization whose mission is the provision of housing for

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 1  low-income or very-low-income households or increasing

 2  entrepreneurial and job-development opportunities for

 3  low-income persons;

 4         (III)  A neighborhood housing services corporation;

 5         (IV)  A local housing authority created under chapter

 6  421;

 7         (V)  A community redevelopment agency created under s.

 8  163.356;

 9         (VI)  The Florida Industrial Development Corporation;

10         (VII)  A historic preservation district agency or

11  organization;

12         (VIII)  A regional workforce board;

13         (IX)  A direct-support organization as provided in s.

14  1009.983;

15         (X)  An enterprise zone development agency created

16  under s. 290.0056;

17         (XI)  A community-based organization incorporated under

18  chapter 617 which is recognized as educational, charitable, or

19  scientific pursuant to s. 501(c)(3) of the Internal Revenue

20  Code and whose bylaws and articles of incorporation include

21  affordable housing, economic development, or community

22  development as the primary mission of the corporation;

23         (XII)  Units of local government;

24         (XIII)  Units of state government; or

25         (XIV)  Any other agency that the Office of Tourism,

26  Trade, and Economic Development designates by rule.

27  

28  In no event may a contributing person have a financial

29  interest in the eligible sponsor.

30         d.  The project must be located in an area designated

31  an enterprise zone or a Front Porch Florida Community pursuant

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 1  to s. 20.18(6) s. 14.2015(9)(b), unless the project increases

 2  access to high-speed broadband capability for rural

 3  communities with enterprise zones but is physically located

 4  outside the designated rural zone boundaries. Any project

 5  designed to construct or rehabilitate housing for low-income

 6  or very-low-income households as defined in s. 420.0971(19)

 7  and (28) is exempt from the area requirement of this

 8  sub-subparagraph.

 9         3.  Application requirements.--

10         a.  Any eligible sponsor seeking to participate in this

11  program must submit a proposal to the Office of Tourism,

12  Trade, and Economic Development which sets forth the name of

13  the sponsor, a description of the project, and the area in

14  which the project is located, together with such supporting

15  information as is prescribed by rule. The proposal must also

16  contain a resolution from the local governmental unit in which

17  the project is located certifying that the project is

18  consistent with local plans and regulations.

19         b.  Any person seeking to participate in this program

20  must submit an application for tax credit to the Office of

21  Tourism, Trade, and Economic Development which sets forth the

22  name of the sponsor, a description of the project, and the

23  type, value, and purpose of the contribution. The sponsor

24  shall verify the terms of the application and indicate its

25  receipt of the contribution, which verification must be in

26  writing and accompany the application for tax credit. The

27  person must submit a separate tax credit application to the

28  office for each individual contribution that it makes to each

29  individual project.

30         c.  Any person who has received notification from the

31  Office of Tourism, Trade, and Economic Development that a tax

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 1  credit has been approved must apply to the department to

 2  receive the refund. Application must be made on the form

 3  prescribed for claiming refunds of sales and use taxes and be

 4  accompanied by a copy of the notification. A person may submit

 5  only one application for refund to the department within any

 6  12-month period.

 7         4.  Administration.--

 8         a.  The Office of Tourism, Trade, and Economic

 9  Development may adopt rules pursuant to ss. 120.536(1) and

10  120.54 necessary to administer this paragraph, including rules

11  for the approval or disapproval of proposals by a person.

12         b.  The decision of the Office of Tourism, Trade, and

13  Economic Development must be in writing, and, if approved, the

14  notification shall state the maximum credit allowable to the

15  person. Upon approval, the office shall transmit a copy of the

16  decision to the Department of Revenue.

17         c.  The Office of Tourism, Trade, and Economic

18  Development shall periodically monitor all projects in a

19  manner consistent with available resources to ensure that

20  resources are used in accordance with this paragraph; however,

21  each project must be reviewed at least once every 2 years.

22         d.  The Office of Tourism, Trade, and Economic

23  Development shall, in consultation with the Department of

24  Community Affairs, the Florida Housing Finance Corporation,

25  and the statewide and regional housing and financial

26  intermediaries, market the availability of the community

27  contribution tax credit program to community-based

28  organizations.

29         5.  Expiration.--This paragraph expires June 30, 2005;

30  however, any accrued credit carryover that is unused on that

31  

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 1  date may be used until the expiration of the 3-year carryover

 2  period for such credit.

 3         Section 9.  Paragraph (d) of subsection (2) of section

 4  220.183, Florida Statutes, is amended to read:

 5         220.183  Community contribution tax credit.--

 6         (2)  ELIGIBILITY REQUIREMENTS.--

 7         (d)  The project shall be located in an area designated

 8  as an enterprise zone or a Front Porch Florida Community

 9  pursuant to s. 20.18(6) s. 14.2015(9)(b). Any project designed

10  to construct or rehabilitate housing for low-income or

11  very-low-income households as defined in s. 420.9071(19) and

12  (28) is exempt from the area requirement of this paragraph.

13  This section does not preclude projects that propose to

14  construct or rehabilitate housing for low-income or

15  very-low-income households on scattered sites. Any project

16  designed to provide increased access to high-speed broadband

17  capabilities which includes coverage of a rural enterprise

18  zone may locate the project's infrastructure in any area of a

19  rural county.

20         Section 10.  Subsections (3) and (5) of section

21  288.041, Florida Statutes, are amended to read:

22         288.041  Solar energy industry; legislative findings

23  and policy; promotional activities.--

24         (3)  Enterprise Florida, Inc., and its boards shall

25  assist in the expansion of the solar energy industry in this

26  state.  Such efforts shall be undertaken in cooperation with

27  the Department of Environmental Protection Community Affairs,

28  the Florida Solar Energy Center, and the Florida Solar Energy

29  Industries Association, and shall include:

30         (a)  Providing assistance and support to new and

31  existing photovoltaic companies, with special emphasis on

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 1  attracting one or more manufacturers of photovoltaic products

 2  to locate within this state.

 3         (b)  Sponsoring initiatives which aid and take full

 4  advantage of the export market potential of solar

 5  technologies.

 6         (c)  Informing the business sector of this state about

 7  opportunities for cost-effective commercial applications of

 8  solar technologies.

 9         (d)  Encouraging employment of residents of this state

10  by solar energy companies.

11         (e)  Retaining existing solar energy companies and

12  supporting their expansion efforts in this state.

13         (f)  Supporting the promotion of solar energy by

14  sponsoring workshops, seminars, conferences, and educational

15  programs on the benefits of solar energy.

16         (g)  Recognizing outstanding developments and

17  achievements in, and contributions to, the solar energy

18  industry.

19         (h)  Collecting and disseminating solar energy

20  information relevant to the promotion of solar energy

21  applications.

22         (i)  Enlisting the support of persons, civic groups,

23  the solar energy industry, and other organizations to promote

24  and improve solar energy products and services.

25         (5)  By January 15 of each year, the Department of

26  Environmental Protection Community Affairs shall report to the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives on the impact of the solar energy

29  industry on the economy of this state and shall make any

30  recommendations on initiatives to further promote the solar

31  energy industry as the department deems appropriate.

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 1         Section 11.  Subsection (2) of section 288.95155,

 2  Florida Statutes, is amended to read:

 3         288.95155  Florida Small Business Technology Growth

 4  Program.--

 5         (2)  Enterprise Florida, Inc., shall establish a

 6  separate small business technology growth account in the

 7  Florida Technology Research Investment Fund for purposes of

 8  this section. Moneys in the account shall consist of

 9  appropriations by the Legislature, proceeds of any collateral

10  used to secure such assistance, transfers, fees assessed for

11  providing or processing such financial assistance, grants,

12  interest earnings, and earnings on financial assistance, and

13  any moneys transferred to the account by the Department of

14  Community Affairs from the Economic Opportunity Trust Fund for

15  use in qualifying energy projects.

16         Section 12.  Subsection (2) of section 377.602, Florida

17  Statutes, is amended to read:

18         377.602  Definitions.--As used in ss. 377.601-377.608:

19         (2)  "Department" means the Department of Environmental

20  Protection Community Affairs.

21         Section 13.  Section 377.603, Florida Statutes, is

22  amended to read:

23         377.603  Energy data collection; powers and duties of

24  the Department of Environmental Protection Community

25  Affairs.--

26         (1)  The department shall collect data on the

27  extraction, production, importation, exportation, refinement,

28  transportation, transmission, conversion, storage, sale, or

29  reserves of energy resources in this state in an efficient and

30  expeditious manner.

31  

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 1         (2)  The department shall prepare periodic reports of

 2  energy data it collects.

 3         (3)  The department shall prescribe and furnish forms

 4  for the collection of information as required by ss.

 5  377.601-377.608 and shall consult with other state entities to

 6  assure that such data collected will meet their data

 7  requirements.

 8         (4)  The department may adopt and promulgate such rules

 9  and regulations as are necessary to carry out the provisions

10  of ss. 377.601-377.608.  Such rules shall be pursuant to

11  chapter 120.

12         (5)  The department shall maintain internal validation

13  procedures to assure the accuracy of information received.

14         Section 14.  Subsection (1) of section 377.701, Florida

15  Statutes, is amended to read:

16         377.701  Petroleum allocation.--

17         (1)  The Department of Environmental Protection

18  Community Affairs shall assume the state's role in petroleum

19  allocation and conservation, including the development of a

20  fair and equitable petroleum plan. The department shall

21  constitute the responsible state agency for performing the

22  functions of any federal program delegated to the state, which

23  relates to petroleum supply, demand, and allocation.

24         Section 15.  Section 377.703, Florida Statutes, is

25  amended to read:

26         377.703  Additional functions of the Department of

27  Environmental Protection Community Affairs; energy emergency

28  contingency plan; federal and state conservation programs.--

29         (1)  LEGISLATIVE INTENT.--Recognizing that energy

30  supply and demand questions have become a major area of

31  concern to the state which must be dealt with by effective and

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 1  well-coordinated state action, it is the intent of the

 2  Legislature to promote the efficient, effective, and

 3  economical management of energy problems, centralize energy

 4  coordination responsibilities, pinpoint responsibility for

 5  conducting energy programs, and ensure the accountability of

 6  state agencies for the implementation of s. 377.601(4), the

 7  state energy policy.  It is the specific intent of the

 8  Legislature that nothing in this act shall in any way change

 9  the powers, duties, and responsibilities assigned by the

10  Florida Electrical Power Plant Siting Act, part II of chapter

11  403, or the powers, duties, and responsibilities of the

12  Florida Public Service Commission.

13         (2)  DEFINITIONS.--

14         (a)  "Coordinate," "coordination," or "coordinating"

15  means the examination and evaluation of state plans and

16  programs and the providing of recommendations to the Cabinet,

17  Legislature, and appropriate state agency on any measures

18  deemed necessary to ensure that such plans and programs are

19  consistent with state energy policy.

20         (b)  "Energy conservation" means increased efficiency

21  in the utilization of energy.

22         (c)  "Energy emergency" means an actual or impending

23  shortage or curtailment of usable, necessary energy resources,

24  such that the maintenance of necessary services, the

25  protection of public health, safety, and welfare, or the

26  maintenance of basic sound economy is imperiled in any

27  geographical section of the state or throughout the entire

28  state.

29         (d)  "Energy source" means electricity, fossil fuels,

30  solar power, wind power, hydroelectric power, nuclear power,

31  or any other resource which has the capacity to do work.

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 1         (e)  "Facilities" means any building or structure not

 2  otherwise exempted by the provisions of this act.

 3         (f)  "Fuel" means petroleum, crude oil, petroleum

 4  product, coal, natural gas, or any other substance used

 5  primarily for its energy content.

 6         (g)  "Local government" means any county, municipality,

 7  regional planning agency, or other special district or local

 8  governmental entity the policies or programs of which may

 9  affect the supply or demand, or both, for energy in the state.

10         (h)  "Promotion" or "promote" means to encourage, aid,

11  assist, provide technical and financial assistance, or

12  otherwise seek to plan, develop, and expand.

13         (i)  "Regional planning agency" means those agencies

14  designated as regional planning agencies by the Department of

15  Community Affairs.

16         (j)  "Renewable energy resource" means any method,

17  process, or substance the use of which does not diminish its

18  availability or abundance, including, but not limited to,

19  biomass conversion, geothermal energy, solar energy, wind

20  energy, wood fuels derived from waste, ocean thermal gradient

21  power, hydroelectric power, and fuels derived from

22  agricultural products.

23         (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY

24  AFFAIRS; DUTIES.--The Department of Environmental Protection

25  Community Affairs shall, in addition to assuming the duties

26  and responsibilities provided by ss. 20.255 20.18 and 377.701,

27  perform the following functions consistent with the

28  development of a state energy policy:

29         (a)  The department shall assume the responsibility for

30  development of an energy emergency contingency plan to respond

31  to serious shortages of primary and secondary energy sources.

                                  17

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 1  Upon a finding by the Governor, implementation of any

 2  emergency program shall be upon order of the Governor that a

 3  particular kind or type of fuel is, or that the occurrence of

 4  an event which is reasonably expected within 30 days will make

 5  the fuel, in short supply.  The department shall then respond

 6  by instituting the appropriate measures of the contingency

 7  plan to meet the given emergency or energy shortage.  The

 8  Governor may utilize the provisions of s. 252.36(5) to carry

 9  out any emergency actions required by a serious shortage of

10  energy sources.

11         (b)  The department shall constitute the responsible

12  state agency for performing or coordinating the functions of

13  any federal energy programs delegated to the state, including

14  energy supply, demand, conservation, or allocation.

15         (c)  The department shall analyze present and proposed

16  federal energy programs and make recommendations regarding

17  those programs to the Governor.

18         (d)  The department shall coordinate efforts to seek

19  federal support or other support for state energy activities,

20  including energy conservation, research, or development, and

21  shall be the state agency responsible for the coordination of

22  multiagency energy conservation programs and plans.

23         (e)  The department shall analyze energy data collected

24  and prepare long-range forecasts of energy supply and demand

25  in coordination with the Florida Public Service Commission,

26  which shall have responsibility for electricity and natural

27  gas forecasts.  To this end, the forecasts shall contain:

28         1.  An analysis of the relationship of state economic

29  growth and development to energy supply and demand, including

30  the constraints to economic growth resulting from energy

31  supply constraints.

                                  18

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 1         2.  Plans for the development of renewable energy

 2  resources and reduction in dependence on depletable energy

 3  resources, particularly oil and natural gas, and an analysis

 4  of the extent to which renewable energy sources are being

 5  utilized in the state.

 6         3.  Consideration of alternative scenarios of statewide

 7  energy supply and demand for 5, 10, and 20 years, to identify

 8  strategies for long-range action, including identification of

 9  potential social, economic, and environmental effects.

10         4.  An assessment of the state's energy resources,

11  including examination of the availability of commercially

12  developable and imported fuels, and an analysis of anticipated

13  effects on the state's environment and social services

14  resulting from energy resource development activities or from

15  energy supply constraints, or both.

16         (f)  The department shall make a report, as requested

17  by the Governor or the Legislature, reflecting its activities

18  and making recommendations of policies for improvement of the

19  state's response to energy supply and demand and its effect on

20  the health, safety, and welfare of the people of Florida. The

21  report shall include a report from the Florida Public Service

22  Commission on electricity and natural gas and information on

23  energy conservation programs conducted and under way in the

24  past year and shall include recommendations for energy

25  conservation programs for the state, including, but not

26  limited to, the following factors:

27         1.  Formulation of specific recommendations for

28  improvement in the efficiency of energy utilization in

29  governmental, residential, commercial, industrial, and

30  transportation sectors.

31  

                                  19

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 1         2.  Collection and dissemination of information

 2  relating to energy conservation.

 3         3.  Development and conduct of educational and training

 4  programs relating to energy conservation.

 5         4.  An analysis of the ways in which state agencies are

 6  seeking to implement s. 377.601(4), the state energy policy,

 7  and recommendations for better fulfilling this policy.

 8         (g)  The department has authority to adopt rules

 9  pursuant to ss. 120.536(1) and 120.54 to implement the

10  provisions of this act.

11         (h)  Promote the development and use of renewable

12  energy resources, in conformance with the provisions of

13  chapter 187 and s. 377.601, by:

14         1.  Establishing goals and strategies for increasing

15  the use of solar energy in this state.

16         2.  Aiding and promoting the commercialization of solar

17  energy technology, in cooperation with the Florida Solar

18  Energy Center, Enterprise Florida, Inc., and any other

19  federal, state, or local governmental agency which may seek to

20  promote research, development, and demonstration of solar

21  energy equipment and technology.

22         3.  Identifying barriers to greater use of solar energy

23  systems in this state, and developing specific recommendations

24  for overcoming identified barriers, with findings and

25  recommendations to be submitted annually in the report to the

26  Legislature required under paragraph (f).

27         4.  In cooperation with the Department of

28  Transportation, the Department of Community Affairs,

29  Enterprise Florida, Inc., the Florida Solar Energy Center, and

30  the Florida Solar Energy Industries Association, investigating

31  opportunities, pursuant to the National Energy Policy Act of

                                  20

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 1  1992 and the Housing and Community Development Act of 1992,

 2  for solar electric vehicles and other solar energy

 3  manufacturing, distribution, installation, and financing

 4  efforts which will enhance this state's position as the leader

 5  in solar energy research, development, and use.

 6         5.  Undertaking other initiatives to advance the

 7  development and use of renewable energy resources in this

 8  state.

 9  

10  In the exercise of its responsibilities under this paragraph,

11  the department shall seek the assistance of the solar energy

12  industry in this state and other interested parties and is

13  authorized to enter into contracts, retain professional

14  consulting services, and expend funds appropriated by the

15  Legislature for such purposes.

16         (i)  The department shall promote energy conservation

17  in all energy use sectors throughout the state and shall

18  constitute the state agency primarily responsible for this

19  function.  To this end, the department shall coordinate the

20  energy conservation programs of all state agencies and review

21  and comment on the energy conservation programs of all state

22  agencies.

23         (j)  The department shall serve as the state

24  clearinghouse for indexing and gathering all information

25  related to energy programs in state universities, in private

26  universities, in federal, state, and local government

27  agencies, and in private industry and shall prepare and

28  distribute such information in any manner necessary to inform

29  and advise the citizens of the state of such programs and

30  activities.  This shall include developing and maintaining a

31  current index and profile of all research activities, which

                                  21

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 1  shall be identified by energy area and may include a summary

 2  of the project, the amount and sources of funding, anticipated

 3  completion dates, or, in case of completed research,

 4  conclusions, recommendations, and applicability to state

 5  government and private sector functions.  The department shall

 6  coordinate, promote, and respond to efforts by all sectors of

 7  the economy to seek financial support for energy activities.

 8  The department shall provide information to consumers

 9  regarding the anticipated energy-use and energy-saving

10  characteristics of products and services in coordination with

11  any federal, state, or local governmental agencies as may

12  provide such information to consumers.

13         (k)  The department shall coordinate energy-related

14  programs of state government, including, but not limited to,

15  the programs provided in this section. To this end, the

16  department shall:

17         1.  Provide assistance to other state agencies,

18  counties, municipalities, and regional planning agencies to

19  further and promote their energy planning activities.

20         2.  Require, in cooperation with the Department of

21  Management Services, all state agencies to operate state-owned

22  and state-leased buildings in accordance with energy

23  conservation standards as adopted by the Department of

24  Management Services. Every 3 months, the Department of

25  Management Services shall furnish the department data on

26  agencies' energy consumption in a format mutually agreed upon

27  by the two departments.

28         3.  Promote the development and use of renewable energy

29  resources, energy efficiency technologies, and conservation

30  measures.

31  

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 1         4.  Promote the recovery of energy from wastes,

 2  including, but not limited to, the use of waste heat, the use

 3  of agricultural products as a source of energy, and recycling

 4  of manufactured products. Such promotion shall be conducted in

 5  conjunction with, and after consultation with, the Department

 6  of Environmental Protection, the Florida Public Service

 7  Commission where electrical generation or natural gas is

 8  involved, and any other relevant federal, state, or local

 9  governmental agency having responsibility for resource

10  recovery programs.

11         (l)  The department shall develop, coordinate, and

12  promote a comprehensive research plan for state programs. Such

13  plan shall be consistent with state energy policy and shall be

14  updated on a biennial basis.

15         (m)  In recognition of the devastation to the economy

16  of this state and the dangers to the health and welfare of

17  residents of this state caused by Hurricane Andrew, and the

18  potential for such impacts caused by other natural disasters,

19  the department shall include in its energy emergency

20  contingency plan and provide to the Department of Community

21  Affairs for inclusion in the state model energy efficiency

22  building code specific provisions to facilitate the use of

23  cost-effective solar energy technologies as emergency remedial

24  and preventive measures for providing electric power, street

25  lighting, and water heating service in the event of electric

26  power outages.

27         (4)  The department shall be responsible for the

28  administration of the Coastal Energy Impact Program provided

29  for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a

30  and may adopt rules to administer the program.

31  

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 1         Section 16.  Subsection (1) of section 380.504, Florida

 2  Statutes, is amended to read:

 3         380.504  Florida Communities Trust; creation;

 4  membership; expenses.--

 5         (1)  There is created within the Department of

 6  Community Affairs a nonregulatory state agency and

 7  instrumentality, which shall be a public body corporate and

 8  politic, known as the "Florida Communities Trust." The

 9  governing body of the trust shall consist of:

10         (a)  The Secretary of Community Affairs and the

11  Secretary of Environmental Protection; and

12         (b)  Four public members whom the Governor shall

13  appoint subject to Senate confirmation.

14  

15  The Governor shall appoint a former elected official of a

16  county government, a former elected official of a metropolitan

17  municipal government, a representative of a nonprofit

18  organization as defined in this part, and a representative of

19  the development industry. The Secretary of Community Affairs

20  may appoint a designee designate his or her assistant

21  secretary or the director of the Division of Community

22  Planning to serve in his or her absence. The Secretary of

23  Environmental Protection may appoint his or her deputy

24  secretary, the director of the Division of State Lands, or the

25  director of the Division of Recreation and Parks to serve in

26  his or her absence. The Secretary of Community Affairs shall

27  be the chair of the governing body of the trust. The Governor

28  shall make his or her appointments upon the expiration of any

29  current terms or within 60 days after the effective date of

30  the resignation of any member.

31  

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 1         Section 17.  Subsection (3) of section 381.7354,

 2  Florida Statutes, is amended to read:

 3         381.7354  Eligibility.--

 4         (3)  In addition to the grants awarded under

 5  subsections (1) and (2), up to 20 percent of the funding for

 6  the Reducing Racial and Ethnic Health Disparities: Closing the

 7  Gap grant program shall be dedicated to projects that address

 8  improving racial and ethnic health status within specific

 9  Front Porch Florida Communities, as designated pursuant to s.

10  20.18(6) s. 14.2015(9)(b).

11         Section 18.  Section 403.42, Florida Statutes, is

12  amended to read:

13         403.42  Florida Clean Fuel Act.--

14         (1)  SHORT TITLE AND PURPOSE.--

15         (a)  This section may be cited as the "Florida Clean

16  Fuel Act."

17         (b)  The purposes of this act are to establish the

18  Clean Fuel Florida Advisory Board under the Department of

19  Environmental Protection Community Affairs to study the

20  implementation of alternative fuel vehicles and to formulate

21  and provide to the Secretary of Environmental Protection

22  Community Affairs recommendations on expanding the use of

23  alternative fuel vehicles in this state and make funding

24  available for implementation.

25         (2)  DEFINITIONS.--For purposes of this act:

26         (a)  "Alternative fuels" include electricity,

27  biodiesel, natural gas, propane, and any other fuel that may

28  be deemed appropriate in the future by the Department of

29  Environmental Protection Community Affairs with guidance from

30  the Clean Fuel Florida Advisory Board.

31  

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 1         (b)  "Alternative fuel vehicles" include on-road and

 2  off-road transportation vehicles and light-duty, medium-duty,

 3  and heavy-duty vehicles that are powered by an alternative

 4  fuel or a combination of alternative fuels.

 5         (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;

 6  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--

 7         (a)  The Clean Fuel Florida Advisory Board is

 8  established within the Department of Environmental Protection

 9  Community Affairs.

10         (b)1.  The advisory board shall consist of the

11  Secretary of Community Affairs, or a designee from that

12  department, the Secretary of Environmental Protection, or a

13  designee from that department, the Commissioner of Education,

14  or a designee from that department, the Secretary of

15  Transportation, or a designee from that department, the

16  Commissioner of Agriculture, or a designee from the Department

17  of Agriculture and Consumer Services, the Secretary of

18  Management Services, or a designee from that department, and a

19  representative of each of the following, who shall be

20  appointed by the Secretary of Environmental Protection

21  Community Affairs within 30 days after the effective date of

22  this act:

23         a.  The Florida biodiesel industry.

24         b.  The Florida electric utility industry.

25         c.  The Florida natural gas industry.

26         d.  The Florida propane gas industry.

27         e.  An automobile manufacturers' association.

28         f.  A Florida Clean Cities Coalition designated by the

29  United States Department of Energy.

30         g.  Enterprise Florida, Inc.

31         h.  EV Ready Broward.

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 1         i.  The Florida petroleum industry.

 2         j.  The Florida League of Cities.

 3         k.  The Florida Association of Counties.

 4         l.  Floridians for Better Transportation.

 5         m.  A motor vehicle manufacturer.

 6         n.  Florida Local Environment Resource Agencies.

 7         o.  Project for an Energy Efficient Florida.

 8         p.  Florida Transportation Builders Association.

 9         2.  The purpose of the advisory board is to serve as a

10  resource for the department and to provide the Governor, the

11  Legislature, and the Secretary of Environmental Protection

12  Community Affairs with private sector and other public agency

13  perspectives on achieving the goal of increasing the use of

14  alternative fuel vehicles in this state.

15         3.  Members shall be appointed to serve terms of 1 year

16  each, with reappointment at the discretion of the Secretary of

17  Environmental Protection Community Affairs. Vacancies shall be

18  filled for the remainder of the unexpired term in the same

19  manner as the original appointment.

20         4.  The board shall annually select a chairperson.

21         5.a.  The board shall meet at least once each quarter

22  or more often at the call of the chairperson or the Secretary

23  of Environmental Protection Community Affairs.

24         b.  Meetings are exempt from the notice requirements of

25  chapter 120, and sufficient notice shall be given to afford

26  interested persons reasonable notice under the circumstances.

27         6.  Members of the board are entitled to travel

28  expenses while engaged in the performance of board duties.

29         7.  The board shall terminate 5 years after the

30  effective date of this act.

31  

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 1         (c)  The board shall review the performance of the

 2  state with reference to alternative fuel vehicle

 3  implementation in complying with federal laws and maximizing

 4  available federal funding and may:

 5         1.  Advise the Governor, Legislature, and the Secretary

 6  of Environmental Protection Community Affairs and make

 7  recommendations regarding implementation and use of

 8  alternative fuel vehicles in this state.

 9         2.  Identify potential improvements in this act and the

10  state's alternative fuel policies.

11         3.  Request from all state agencies any information the

12  board determines relevant to board duties.

13         4.  Regularly report to the Secretary of Environmental

14  Protection Community Affairs, the Governor, the President of

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

16  regarding the board's findings and recommendations.

17         (d)1.  The advisory board shall, within 120 days after

18  its first meeting, make recommendations to the Department of

19  Environmental Protection Community Affairs for establishing

20  pilot programs in this state that provide experience and

21  support the best use expansion of the alternative fuel vehicle

22  industry in this state. No funds shall be released for a

23  project unless there is at least a 50-percent private or local

24  match.

25         2.  In addition to the pilot programs, the advisory

26  board shall assess federal, state, and local initiatives to

27  identify incentives that encourage successful alternative fuel

28  vehicle programs; obstacles to alternative fuel vehicle use

29  including legislative, regulatory, and economic obstacles; and

30  programs that educate and inform the public about alternative

31  fuel vehicles.

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 1         3.  The advisory board is charged with determining a

 2  reasonable, fair, and equitable way to address current motor

 3  fuel taxes as they apply to alternative fuels and at what

 4  threshold of market penetration.

 5         4.  Based on its findings, the advisory board shall

 6  develop recommendations to the Legislature on future

 7  alternative fuel vehicle programs and legislative changes that

 8  provide the best use of state and other resources to enhance

 9  the alternative fuel vehicle market in this state and maximize

10  the return on that investment in terms of job creation,

11  economic development, and emissions reduction.

12         (e)  The advisory board, working with the Department of

13  Environmental Protection Community Affairs, shall develop a

14  budget for the department's approval, and all expenditures

15  shall be approved by the department. At the conclusion of the

16  first year, the department shall conduct an audit of the board

17  and board programs.

18         Section 19.  Subsections (42) and (43) are added to

19  section 420.507, Florida Statutes, to read:

20         420.507  Powers of the corporation.--The corporation

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

22  and effectuate the purposes and provisions of this part,

23  including the following powers which are in addition to all

24  other powers granted by other provisions of this part:

25         (42)  To provide information, assistance, and

26  facilities needed by the Affordable Housing Study Commission.

27         (43)  To develop and administer the Affordable Housing

28  Catalyst Program under 420.531.

29         Section 20.  Section 420.531, Florida Statutes, is

30  created to read:

31         420.531  Affordable Housing Catalyst Program.--

                                  29

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 1         (1)  In addition to the legislative findings set forth

 2  in s. 420.6015, the Legislature finds and declares that:

 3         (a)  Community-based organizations are important

 4  vehicles in assisting communities with development and

 5  revitalization but often have limited experience in the

 6  development of quality housing for very-low-income persons and

 7  low-income persons in economically declining or distressed

 8  areas;

 9         (b)  The staffs and board members of community-based

10  organizations need additional training in housing development

11  as well as technical support to assist them in gaining the

12  experience they need to better serve their communities; and

13         (c)  The staffs of state agencies and local

14  governments, whether directly involved in the production of

15  affordable housing or acting in a supportive role, can better

16  serve the goals of state and local governments if their

17  expertise in housing development is expanded.

18         (2)  The corporation shall establish a program known as

19  the Affordable Housing Catalyst Program to be responsible for

20  securing the necessary expertise for providing specialized

21  technical support to local governments to implement the HOME

22  Investment Partnership Program, State Housing Initiatives

23  Partnership Program, and other state and federal affordable

24  housing programs.

25         (a)  The program may include, but is not limited to,

26  training, onsite visits, and telephone assistance.

27         (b)  The training component of the program shall be

28  designed to build the housing development capacity of

29  community-based organizations and local governments as a

30  permanent resource for the benefit of communities in this

31  state.

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 1         1.  The scope of training shall include, but not be

 2  limited to, real estate development skills related to

 3  affordable housing, including the construction process and

 4  property management and disposition; the development of

 5  public-private partnerships to reduce housing costs; model

 6  housing projects; and management and board responsibilities of

 7  community-based organizations.

 8         2.  Training activities may include, but are not

 9  limited to, developing or disseminating materials for

10  self-instruction, workshops, seminars, internships,

11  coursework, and special programs developed in conjunction with

12  state universities and community colleges.

13         Section 21.  Subsection (8) of section 420.6015,

14  Florida Statutes, is amended to read:

15         420.6015  Legislative findings.--In addition to the

16  findings and declarations in ss. 420.0002, 420.502, 421.02,

17  422.02, and 423.01, which are hereby reaffirmed, the

18  Legislature finds that:

19         (8)  Through the Affordable Housing Catalyst Program

20  and other program and staff resources, The department shall

21  facilitate the mobilization of public and private resources to

22  provide affordable housing through its responsibilities in the

23  areas of housing, comprehensive planning, and community

24  assistance.

25         Section 22.  Subsection (3) of section 420.606, Florida

26  Statutes, is amended to read:

27         420.606  Training and technical assistance program.--

28         (3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The

29  Department of Community Affairs shall be responsible for

30  securing the necessary expertise to provide training and

31  technical assistance to staff of local governments, to staff

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 1  of state agencies, as appropriate, and to community-based

 2  organizations, and to persons forming such organizations,

 3  which are formed for the purpose of developing new housing and

 4  rehabilitating existing housing which is affordable for

 5  very-low-income persons, low-income persons, and

 6  moderate-income persons. To the maximum extent feasible, the

 7  entity to provide the necessary expertise must be recognized

 8  by the Internal Revenue Service as a nonprofit tax-exempt

 9  organization. It must have as its primary mission the

10  provision of affordable housing training and technical

11  assistance; an ability to provide training and technical

12  assistance statewide; and a proven track record of

13  successfully providing training and technical assistance under

14  the Affordable Housing Catalyst Program.

15         (a)  The training component of the program shall be

16  designed to build the housing development capacity of

17  community-based organizations and local governments as a

18  permanent resource for the benefit of communities in this

19  state.

20         1.  The scope of training shall include, but not be

21  limited to, real estate development skills related to

22  affordable housing, including the construction process and

23  property management and disposition, the development of

24  public-private partnerships to reduce housing costs, model

25  housing projects, and management and board responsibilities of

26  community-based organizations.

27         2.  Training activities may include, but are not

28  limited to, materials for self-instruction, workshops,

29  seminars, internships, coursework, and special programs

30  developed in conjunction with state universities and community

31  colleges.

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 1         (b)  The technical assistance component of the program

 2  shall be designed to assist applicants for state-administered

 3  programs in developing applications and in expediting project

 4  implementation.  Technical assistance activities for the

 5  staffs of community-based organizations and local governments

 6  who are directly involved in the production of affordable

 7  housing may include, but are not limited to, workshops for

 8  program applicants, onsite visits, guidance in achieving

 9  project completion, and a newsletter to community-based

10  organizations and local governments.

11         (c)  The department shall establish a program known as

12  the Affordable Housing Catalyst Program to be responsible for

13  securing the necessary expertise as provided in this section

14  for providing specialized technical support to local

15  governments to implement the HOME Investment Partnership

16  Program, State Housing Initiatives Partnership Program, and

17  other affordable housing programs.  The technical support

18  shall, at a minimum, provide training relating to the

19  following key elements of the partnership programs:

20         1.  The formation of local and regional housing

21  partnerships as a means of bringing together resources to

22  provide affordable housing.

23         2.  The implementation of regulatory reforms to reduce

24  the risk and cost of developing affordable housing.

25         3.  The implementation of affordable housing programs

26  included in local government comprehensive plans.

27         4.  The compliance with requirements of federally

28  funded housing programs.

29         Section 23.  Subsection (3) of section 420.609, Florida

30  Statutes, is amended to read:

31  

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 1         420.609  Affordable Housing Study Commission.--Because

 2  the Legislature firmly supports affordable housing in Florida

 3  for all economic classes:

 4         (3)  The department and the corporation shall supply

 5  such information, assistance, and facilities as are deemed

 6  necessary for the commission to carry out its duties under

 7  this section and shall provide such staff assistance as is

 8  necessary for the performance of required clerical and

 9  administrative functions of the commission.

10         Section 24.  Subsection (7) of section 420.631, Florida

11  Statutes, is amended to read:

12         420.631  Definitions relating to Urban Homesteading

13  Act.--As used in ss. 420.630-420.635:

14         (7)  "Office" means the Office of Urban Opportunity

15  within the Department of Community Affairs Office of Tourism,

16  Trade, and Economic Development.

17         Section 25.  Subsection (7) of section 420.9075,

18  Florida Statutes, is amended to read:

19         420.9075  Local housing assistance plans;

20  partnerships.--

21         (7)  Pursuant to s. 420.531 s. 420.606, the corporation

22  shall provide technical assistance to local governments

23  regarding the creation of partnerships, the design of local

24  housing assistance strategies, the implementation of local

25  housing incentive strategies, and the provision of support

26  services.

27         Section 26.  Paragraph (d) of subsection (2) of section

28  624.5105, Florida Statutes, is amended to read:

29         624.5105  Community contribution tax credit;

30  authorization; limitations; eligibility and application

31  requirements; administration; definitions; expiration.--

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    Florida Senate - 2004                           CS for SB 1286
    309-2352-04




 1         (2)  ELIGIBILITY REQUIREMENTS.--

 2         (d)  The project shall be located in an area designated

 3  as an enterprise zone or a Front Porch Community pursuant to

 4  s. 20.18(6) s. 14.2015(9)(b).  Any project designed to

 5  construct or rehabilitate housing for low-income or

 6  very-low-income households as defined in s. 420.9071(19) and

 7  (28) is exempt from the area requirement of this paragraph.

 8         Section 27.  This act shall take effect July 1, 2004.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 1286

12                                 

13  The committee substitute transfers the following programs: the
    Office of Urban Opportunity from the Executive Office of the
14  Governor to the Department of Community Affairs; the State
    Energy Office from the Department of Community Affairs to the
15  Department of Environmental Protection; and the Affordable
    Housing Catalyst Program from the Department of Community
16  Affairs to the Florida Housing Finance Corporation.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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