HB 1373

1
A bill to be entitled
2An act relating to Hardee County; creating the Hardee
3County Economic Development Authority; providing a
4purpose; providing definitions; providing for composition
5and procedures; providing powers; providing for an office
6and employees, including legal assistance and
7reimbursement to the county therefor; providing for use of
8certain funds levied as an excise tax upon the severance
9of phosphate rock and transferred by the Chief Financial
10Officer to the authority; providing duties for the clerk
11of the court; providing for grants, including application,
12review, and awards; providing severability; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Creation.--
18     (1)  The Hardee County Economic Development Authority is
19created in accordance with section 211.3103(3)(b)3., Florida
20Statutes, as amended from time to time, as a body corporate. The
21powers granted by this act are declared to be public and
22governmental functions exercised for public purposes and are
23matters of public necessity.
24     (2)  The purpose of the authority is to solicit, rank, and
25fund projects that provide economic development opportunities
26and infrastructure within the geographic boundaries of Hardee
27County and to otherwise maximize the use of federal, local, and
28private resources as provided by section 211.3103(5), Florida
29Statutes, as amended from time to time, and for its
30administrative and other costs as further provided by this act.
31     Section 2.  Definitions.--As used in this act, the term:
32     (1)  "Authority" means the Hardee County Economic
33Development Authority.
34     (2)  "Clerk" means the clerk of the court serving in the
35capacity of chief financial officer of the county.
36     (3)  "Commission" means the Board of County Commissioners
37of Hardee County.
38     (4)  "County" means Hardee County.
39     Section 3.  Authority composition; procedures.--
40     (1)  The authority shall consist of nine members serving
41staggered terms and selected in the following manner:
42     (a)  The president of the Hardee County Farm Bureau or the
43president's designee for an initial term of 3 years.
44     (b)  The secretary of the Department of Community Affairs
45or its successor agency or the secretary's designee for an
46initial term of 2 years.
47     (c)  The chair of Enterprise Florida, Inc., or its
48successor agency or the chair's designee for an initial term of
492 years.
50     (d)  The chair of the Florida Phosphate Council or the
51chair's designee for an initial term of 3 years.
52     (e)  The president of the Hardee County Chamber of Commerce
53or the president's designee for an initial term of 3 years.
54     (f)  Four members appointed by the commission. Two of these
55members shall be designated at large, and of these two members,
56one member shall serve an initial term of 3 years and one member
57shall serve an initial term of 2 years. One of the remaining
58commission appointments shall be designated Seat 8 and shall be
59appointed for an initial term of 2 years. The last commission
60appointment shall be designated Seat 9 and shall be appointed
61for an initial term of 3 years. Members appointed to Seat 8 and
62Seat 9 shall be selected from a pool of nominees consisting of
63two persons designated by the governing body of each
64municipality in the county.
65
66All members except the members designated under paragraphs (b)
67and (c) must be residents of the county. Initial terms of office
68begin January 1, 2005.
69     (2)  After completion of the initial term, each appointed
70member shall serve a term of 3 years. If a vacancy occurs during
71the term of an appointed member, the appointing authority shall
72fill the appointment for the remainder of the term. A member may
73serve successive terms.
74     (3)  The members shall elect a chair from their number for
75a period of 2 years and may elect such other officers as they
76designate in the written bylaws of the authority. The at-large
77member appointed by the commission for an initial 3-year term
78shall serve as interim chair for the purpose of calling the
79first meeting of the authority. A majority of the members
80constitute a quorum. Each member is entitled to one vote. An
81action of the authority is not binding unless it is taken at a
82meeting at which a majority of the members cast their votes in
83favor. The fiscal year of the authority begins October 1.
84     (4)  Each member of the authority shall serve without
85compensation, except that a member who resides outside the
86county may be reimbursed for travel and per diem expenses as
87provided by section 112.061, Florida Statutes, and as further
88provided by this act.
89     Section 4.  Authority powers; mandatory and
90discretionary.--
91     (1)  The authority shall:
92     (a)  Adopt rules in conformance with chapter 120, Florida
93Statutes, the Administrative Procedure Act.
94     (b)  Meet not less frequently than once each quarter,
95beginning with the first quarter of calendar year 2005, unless
96modified in advance at a regularly scheduled meeting of the
97authority, and hold public hearings and other meetings, each of
98which must be open to the public and in accordance with general
99law.
100     (c)  Establish procedures for the solicitation and awarding
101of grants as further provided by this act and any rules adopted
102by the authority.
103     (d)  Direct the clerk to expend funds upon receipt of any
104voucher signed by not fewer than two members of the authority as
105further provided by the bylaws of the authority.
106     (e)  Create by rule a standardized application form for
107grants to be awarded by the authority as further provided by
108this act.
109     (f)  Perform the duties required by this act and any rules
110adopted in accordance with this act.
111     (2)  The authority may:
112     (a)  Appropriate funds that have been paid by the Chief
113Financial Officer, the first such payment to occur in calendar
114year 2006, to the clerk, in the distribution of the tax on
115severance of phosphate rock pursuant to section 211.3103,
116Florida Statutes, as amended from time to time, for the
117administrative costs, including payroll costs and other expenses
118as provided by this act, of the authority and for economic
119development and infrastructure projects in the county.
120     (b)  Conduct the business of the authority and receive
121funds on its behalf, including those transferred by the Chief
122Financial Officer and any others that may have been made by
123loan, gift, or grant.
124     (c)  Sue and be sued.
125     (d)  Approve or amend and approve time and costs sheets
126submitted by specified county employees for payment as well as
127travel and per diem expenses submitted by a member of the
128authority as further provided by this act.
129     (e)  Establish written bylaws for its internal governance,
130including the signatures required for the expenditure of funds
131from any of its authorized accounts.
132     (f)  Enter into contracts, interlocal agreements, and other
133written documents necessary to conduct the business of the
134authority.
135     (g)  Perform any other acts reasonable and necessary to
136implement and enforce the provisions of this act and any rules
137adopted in accordance with this act.
138     Section 5.  Office and employees.--
139     (1)  The commission shall direct the county manager to
140appoint one or more employees to assist the authority in
141conducting its business and provide a mailing address, telephone
142and fax numbers, and an electronic mail address for the
143authority. The employee or employees shall work at the direction
144of the interim chair, if any, or the chair of the authority in:
145     (a)  Organizing and holding meetings required of the
146authority as well as in responding to inquires to the authority.
147     (b)  Preparing and placing advertisements in the county in
148a newspaper of general circulation as defined by chapter 50,
149Florida Statutes, as amended from time to time, when required in
150conjunction with giving notice of public meetings and hearings.
151     (c)  Preparing the agenda for each meeting and ensuring
152that the meeting is appropriately recorded, minutes are
153prepared, and the public record is maintained thereafter.
154     (d)  Making copies of the records of the authority upon
155request in accordance with general law, except those which may
156be exempt pursuant to general law.
157     (e)  Receiving and presenting to the authority any requests
158for reimbursement for mileage and per diem, placing them before
159the authority for approval, and thereafter sending approved
160vouchers to the clerk for payment along with the signatures
161required by the bylaws of the authority to authorize such
162payment.
163     (f)  Maintaining accurate records of the hours spent in
164working for the authority, preparing a bill for same at the
165hourly rate attributable, plus benefits calculated at 30 percent
166of the hourly rate to each such employee, presenting such costs
167annually at a time established by the authority for approval,
168and thereafter sending approved vouchers to the clerk for
169reimbursement from the account further described by this act.
170     (g)  Maintaining accurate records of other operating costs
171of the authority, except those of the county attorney, and
172seeking reimbursement in the same manner as provided in
173paragraph (f).
174     (h)  Performing any other duties directed by any interim
175chair and thereafter the chair of the authority.
176     (2)  The commission shall direct the county attorney to
177assist the authority in conducting its business by appointing
178himself or herself or an assistant county attorney who shall
179also attend each meeting of the authority unless otherwise
180directed by the chair or interim chair of the authority. The
181county attorney shall bill and request reimbursement in the same
182manner as provided in paragraphs (1)(f) and (g) as the employee
183or employees appointed by the county manager.
184     Section 6.  Funds; disbursement; quarterly statement;
185statutory fees.--
186     (1)  The clerk shall receive funds forwarded by the Chief
187Financial Officer in accordance with section 211.3103, Florida
188Statutes, as amended from time to time, and deposit them into a
189restricted, interest-bearing account for the sole use of the
190authority as provided by this act. The clerk shall also deposit
191any funds received by the authority through loan, gift, or grant
192into the account maintained on behalf of the authority. The
193clerk shall also provide a quarterly statement of the account to
194the chair or any interim chair of the authority. Funds not
195expended by the end of each fiscal year may be carried forward
196for use by the authority during any succeeding year.
197     (2)  The clerk shall disburse funds from the restricted,
198interest-bearing account only upon receipt of a voucher, signed
199by the chair and at least one other member as provided in the
200bylaws of the authority, authorizing such disbursement.
201     (3)  The clerk may charge the authority any statutory fees
202available to the clerk's office for the administration of the
203account on behalf of the authority, and the authority shall
204authorize payment of such fees.
205     Section 7.  Grants; application; review; awards.--
206     (1)  APPLICATION PROCEDURES.--
207     (a)  Applications for grants-in-aid from the authority
208shall be signed by the person or persons with legal authority to
209obligate the applicant and shall be made on an authority grants-
210in-aid application form.
211     (b)  Applicants may submit more than one application for
212grant assistance. An application grant project must be limited
213to a single site or group of sites in which all the properties
214have the same owner or owners.
215     (c)  The authority may request additional information or
216clarification on any application that is submitted. Such request
217may be made to the applicant by letter or by telephone and shall
218indicate the date by which the information or clarification is
219needed.
220     (d)  Applications shall be submitted to the authority and
221shall include the original and the number of complete copies the
222authority requires.
223     (e)1.  To be considered for funding, applications must be
224received by the authority office on or before 5:00 p.m. on the
225deadline specified in the grant solicitation letter or be
226clearly postmarked or show evidence of submission to an express
227mail service on or before the deadline.
228     2.  At least 30 days before each grant solicitation period,
229the authority shall publish in the Florida Administrative Weekly
230and as otherwise determined by the authority notification of the
231impending grant application period. This notification shall
232include a mailing address and telephone number through which
233application forms and additional information may be obtained.
234     (2)  APPLICATION REVIEW.--
235     (a)  Upon receipt of grant applications, the authority
236shall review and evaluate each application for completeness and
237eligibility. Each application shall be assigned an
238identification number.
239     (b)  The authority shall send a copy of each application to
240the chair of the governing body of the county and of each
241municipality in the county and to the chair of the board of
242directors of any nonprofit corporation which may have been
243formed pursuant to section 378.036(6), Florida Statutes, as
244amended from time to time, with a request for a response which
245may not be required fewer than 30 calendar days after the date
246of posting to the entities.
247     (c)  Each governing body and the board of directors
248described in paragraph (b) may review the projects and then rank
249them in the order that each would prefer to be funded, with "1"
250being the first priority and each subsequent higher number being
251of lesser importance. Each may include documentation as to the
252reasons for the ranking, and any such ranking and documentation
253must be received by the authority by the date prescribed to be
254considered by the authority.
255     (d)  The authority shall convene at least one public
256meeting to review all applications for grants for economic
257development and infrastructure projects in the county, including
258any rankings received as provided in paragraphs (b) and (c) and
259any public testimony that is received at the hearing.
260     (e)  Thereafter, the authority shall evaluate each
261application based on the criteria relating to the site involved,
262the prospective grantee, and the anticipated public benefit as
263follows:
264     1.  Criteria related to the site shall be established by
265the authority prior to any solicitation for grant applications.
266     2.  Criteria related to the grantee:
267     a.  Administrative capability, including personnel,
268facilities, and organization, adequate to complete the project
269and meet the administrative requirements of the grant.
270     b.  Financial resources adequate to carry project costs as
271necessary pending receipt of reimbursements from grant funds.
272     c.  Availability of professional and technical services
273required to carry out the project work.
274     3.  Criteria related to public benefit:
275     a.  Compatibility with countywide economic development and
276infrastructure priorities, including equitable geographic and
277demographic distribution of available funds.
278     b.  Anticipated economic benefits, including direct impact
279on the local economy and the stimulation of additional private-
280sector interest and investment in the county.
281     c.  Public use or other public good resulting from the
282project.
283     (f)  The authority shall develop a priority listing of all
284project applications, including consideration of the information
285received from the county, the municipalities, the nonprofit
286corporation, if any, and the public, by ranking each project
287relative to the others and shall establish funding levels and
288any appropriate special conditions for each individual project.
289When developing its priority listing, in addition to considering
290other criteria used in evaluating project applications, the
291authority may give special consideration to projects for which
292the county has undertaken to provide matching funds.
293     (g)  Grant funds shall be awarded in accordance with the
294final priority listing of the applications considered for grant
295assistance by the authority, and funds shall not be provided for
296projects that were not applied for, reviewed, and recommended in
297accordance with procedures outlined in this act.
298     (h)  The authority may decline to fund any or all requested
299projects in any fiscal year if the projects fail to adequately
300meet the authority's evaluation criteria. Moneys received from
301the Chief Financial Officer for that year shall be carried
302forward for distribution in a following fiscal year.
303     (3)  GRANT AWARD AGREEMENT.--
304     (a)  All grant awards that have been approved in accordance
305with this act shall be formalized through a grant award
306agreement that is incorporated by reference.
307     (b)  The grant award agreement shall contain conditions
308governing the grant award.
309     (c)  The project work may not be initiated before the
310effective date of the grant award agreement unless authorized by
311the authority.
312     (d)  Funds remaining in any grant allocation as a result of
313early termination or of completion of the project at less than
314anticipated cost shall revert to the interest-bearing restricted
315account established by this act to be distributed to any other
316project or projects in accordance with this act.
317     Section 8.  If any provision of this act or its application
318to any person or circumstance is held invalid, the invalidity
319does not affect other provisions or applications of the act
320which can be given effect without the invalid provision or
321application, and to this end the provisions of this act are
322declared severable.
323     Section 9.  This act shall take effect upon becoming a law.


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