| 1 | A bill to be entitled |
| 2 | An act relating to Hardee County; creating the Hardee |
| 3 | County Economic Development Authority; providing a |
| 4 | purpose; providing definitions; providing for composition |
| 5 | and procedures; providing powers; providing for an office |
| 6 | and employees, including legal assistance and |
| 7 | reimbursement to the county therefor; providing for use of |
| 8 | certain funds levied as an excise tax upon the severance |
| 9 | of phosphate rock and transferred by the Chief Financial |
| 10 | Officer to the authority; providing duties for the clerk |
| 11 | of the court; providing for grants, including application, |
| 12 | review, and awards; providing severability; providing an |
| 13 | effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Creation.-- |
| 18 | (1) The Hardee County Economic Development Authority is |
| 19 | created in accordance with section 211.3103(3)(b)3., Florida |
| 20 | Statutes, as amended from time to time, as a body corporate. The |
| 21 | powers granted by this act are declared to be public and |
| 22 | governmental functions exercised for public purposes and are |
| 23 | matters of public necessity. |
| 24 | (2) The purpose of the authority is to solicit, rank, and |
| 25 | fund projects that provide economic development opportunities |
| 26 | and infrastructure within the geographic boundaries of Hardee |
| 27 | County and to otherwise maximize the use of federal, local, and |
| 28 | private resources as provided by section 211.3103(5), Florida |
| 29 | Statutes, as amended from time to time, and for its |
| 30 | administrative 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 |
| 33 | Development Authority. |
| 34 | (2) "Clerk" means the clerk of the court serving in the |
| 35 | capacity of chief financial officer of the county. |
| 36 | (3) "Commission" means the Board of County Commissioners |
| 37 | of Hardee County. |
| 38 | (4) "County" means Hardee County. |
| 39 | Section 3. Authority composition; procedures.-- |
| 40 | (1) The authority shall consist of nine members serving |
| 41 | staggered terms and selected in the following manner: |
| 42 | (a) The president of the Hardee County Farm Bureau or the |
| 43 | president's designee for an initial term of 3 years. |
| 44 | (b) The secretary of the Department of Community Affairs |
| 45 | or its successor agency or the secretary's designee for an |
| 46 | initial term of 2 years. |
| 47 | (c) The chair of Enterprise Florida, Inc., or its |
| 48 | successor agency or the chair's designee for an initial term of |
| 49 | 2 years. |
| 50 | (d) The chair of the Florida Phosphate Council or the |
| 51 | chair's designee for an initial term of 3 years. |
| 52 | (e) The president of the Hardee County Chamber of Commerce |
| 53 | or the president's designee for an initial term of 3 years. |
| 54 | (f) Four members appointed by the commission. Two of these |
| 55 | members shall be designated at large, and of these two members, |
| 56 | one member shall serve an initial term of 3 years and one member |
| 57 | shall serve an initial term of 2 years. One of the remaining |
| 58 | commission appointments shall be designated Seat 8 and shall be |
| 59 | appointed for an initial term of 2 years. The last commission |
| 60 | appointment shall be designated Seat 9 and shall be appointed |
| 61 | for an initial term of 3 years. Members appointed to Seat 8 and |
| 62 | Seat 9 shall be selected from a pool of nominees consisting of |
| 63 | two persons designated by the governing body of each |
| 64 | municipality in the county. |
| 65 |
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| 66 | All members except the members designated under paragraphs (b) |
| 67 | and (c) must be residents of the county. Initial terms of office |
| 68 | begin January 1, 2005. |
| 69 | (2) After completion of the initial term, each appointed |
| 70 | member shall serve a term of 3 years. If a vacancy occurs during |
| 71 | the term of an appointed member, the appointing authority shall |
| 72 | fill the appointment for the remainder of the term. A member may |
| 73 | serve successive terms. |
| 74 | (3) The members shall elect a chair from their number for |
| 75 | a period of 2 years and may elect such other officers as they |
| 76 | designate in the written bylaws of the authority. The at-large |
| 77 | member appointed by the commission for an initial 3-year term |
| 78 | shall serve as interim chair for the purpose of calling the |
| 79 | first meeting of the authority. A majority of the members |
| 80 | constitute a quorum. Each member is entitled to one vote. An |
| 81 | action of the authority is not binding unless it is taken at a |
| 82 | meeting at which a majority of the members cast their votes in |
| 83 | favor. The fiscal year of the authority begins October 1. |
| 84 | (4) Each member of the authority shall serve without |
| 85 | compensation, except that a member who resides outside the |
| 86 | county may be reimbursed for travel and per diem expenses as |
| 87 | provided by section 112.061, Florida Statutes, and as further |
| 88 | provided by this act. |
| 89 | Section 4. Authority powers; mandatory and |
| 90 | discretionary.-- |
| 91 | (1) The authority shall: |
| 92 | (a) Adopt rules in conformance with chapter 120, Florida |
| 93 | Statutes, the Administrative Procedure Act. |
| 94 | (b) Meet not less frequently than once each quarter, |
| 95 | beginning with the first quarter of calendar year 2005, unless |
| 96 | modified in advance at a regularly scheduled meeting of the |
| 97 | authority, and hold public hearings and other meetings, each of |
| 98 | which must be open to the public and in accordance with general |
| 99 | law. |
| 100 | (c) Establish procedures for the solicitation and awarding |
| 101 | of grants as further provided by this act and any rules adopted |
| 102 | by the authority. |
| 103 | (d) Direct the clerk to expend funds upon receipt of any |
| 104 | voucher signed by not fewer than two members of the authority as |
| 105 | further provided by the bylaws of the authority. |
| 106 | (e) Create by rule a standardized application form for |
| 107 | grants to be awarded by the authority as further provided by |
| 108 | this act. |
| 109 | (f) Perform the duties required by this act and any rules |
| 110 | adopted in accordance with this act. |
| 111 | (2) The authority may: |
| 112 | (a) Appropriate funds that have been paid by the Chief |
| 113 | Financial Officer, the first such payment to occur in calendar |
| 114 | year 2006, to the clerk, in the distribution of the tax on |
| 115 | severance of phosphate rock pursuant to section 211.3103, |
| 116 | Florida Statutes, as amended from time to time, for the |
| 117 | administrative costs, including payroll costs and other expenses |
| 118 | as provided by this act, of the authority and for economic |
| 119 | development and infrastructure projects in the county. |
| 120 | (b) Conduct the business of the authority and receive |
| 121 | funds on its behalf, including those transferred by the Chief |
| 122 | Financial Officer and any others that may have been made by |
| 123 | loan, gift, or grant. |
| 124 | (c) Sue and be sued. |
| 125 | (d) Approve or amend and approve time and costs sheets |
| 126 | submitted by specified county employees for payment as well as |
| 127 | travel and per diem expenses submitted by a member of the |
| 128 | authority as further provided by this act. |
| 129 | (e) Establish written bylaws for its internal governance, |
| 130 | including the signatures required for the expenditure of funds |
| 131 | from any of its authorized accounts. |
| 132 | (f) Enter into contracts, interlocal agreements, and other |
| 133 | written documents necessary to conduct the business of the |
| 134 | authority. |
| 135 | (g) Perform any other acts reasonable and necessary to |
| 136 | implement and enforce the provisions of this act and any rules |
| 137 | adopted in accordance with this act. |
| 138 | Section 5. Office and employees.-- |
| 139 | (1) The commission shall direct the county manager to |
| 140 | appoint one or more employees to assist the authority in |
| 141 | conducting its business and provide a mailing address, telephone |
| 142 | and fax numbers, and an electronic mail address for the |
| 143 | authority. The employee or employees shall work at the direction |
| 144 | of the interim chair, if any, or the chair of the authority in: |
| 145 | (a) Organizing and holding meetings required of the |
| 146 | authority as well as in responding to inquires to the authority. |
| 147 | (b) Preparing and placing advertisements in the county in |
| 148 | a newspaper of general circulation as defined by chapter 50, |
| 149 | Florida Statutes, as amended from time to time, when required in |
| 150 | conjunction with giving notice of public meetings and hearings. |
| 151 | (c) Preparing the agenda for each meeting and ensuring |
| 152 | that the meeting is appropriately recorded, minutes are |
| 153 | prepared, and the public record is maintained thereafter. |
| 154 | (d) Making copies of the records of the authority upon |
| 155 | request in accordance with general law, except those which may |
| 156 | be exempt pursuant to general law. |
| 157 | (e) Receiving and presenting to the authority any requests |
| 158 | for reimbursement for mileage and per diem, placing them before |
| 159 | the authority for approval, and thereafter sending approved |
| 160 | vouchers to the clerk for payment along with the signatures |
| 161 | required by the bylaws of the authority to authorize such |
| 162 | payment. |
| 163 | (f) Maintaining accurate records of the hours spent in |
| 164 | working for the authority, preparing a bill for same at the |
| 165 | hourly rate attributable, plus benefits calculated at 30 percent |
| 166 | of the hourly rate to each such employee, presenting such costs |
| 167 | annually at a time established by the authority for approval, |
| 168 | and thereafter sending approved vouchers to the clerk for |
| 169 | reimbursement from the account further described by this act. |
| 170 | (g) Maintaining accurate records of other operating costs |
| 171 | of the authority, except those of the county attorney, and |
| 172 | seeking reimbursement in the same manner as provided in |
| 173 | paragraph (f). |
| 174 | (h) Performing any other duties directed by any interim |
| 175 | chair and thereafter the chair of the authority. |
| 176 | (2) The commission shall direct the county attorney to |
| 177 | assist the authority in conducting its business by appointing |
| 178 | himself or herself or an assistant county attorney who shall |
| 179 | also attend each meeting of the authority unless otherwise |
| 180 | directed by the chair or interim chair of the authority. The |
| 181 | county attorney shall bill and request reimbursement in the same |
| 182 | manner as provided in paragraphs (1)(f) and (g) as the employee |
| 183 | or employees appointed by the county manager. |
| 184 | Section 6. Funds; disbursement; quarterly statement; |
| 185 | statutory fees.-- |
| 186 | (1) The clerk shall receive funds forwarded by the Chief |
| 187 | Financial Officer in accordance with section 211.3103, Florida |
| 188 | Statutes, as amended from time to time, and deposit them into a |
| 189 | restricted, interest-bearing account for the sole use of the |
| 190 | authority as provided by this act. The clerk shall also deposit |
| 191 | any funds received by the authority through loan, gift, or grant |
| 192 | into the account maintained on behalf of the authority. The |
| 193 | clerk shall also provide a quarterly statement of the account to |
| 194 | the chair or any interim chair of the authority. Funds not |
| 195 | expended by the end of each fiscal year may be carried forward |
| 196 | for use by the authority during any succeeding year. |
| 197 | (2) The clerk shall disburse funds from the restricted, |
| 198 | interest-bearing account only upon receipt of a voucher, signed |
| 199 | by the chair and at least one other member as provided in the |
| 200 | bylaws of the authority, authorizing such disbursement. |
| 201 | (3) The clerk may charge the authority any statutory fees |
| 202 | available to the clerk's office for the administration of the |
| 203 | account on behalf of the authority, and the authority shall |
| 204 | authorize 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 |
| 208 | shall be signed by the person or persons with legal authority to |
| 209 | obligate the applicant and shall be made on an authority grants- |
| 210 | in-aid application form. |
| 211 | (b) Applicants may submit more than one application for |
| 212 | grant assistance. An application grant project must be limited |
| 213 | to a single site or group of sites in which all the properties |
| 214 | have the same owner or owners. |
| 215 | (c) The authority may request additional information or |
| 216 | clarification on any application that is submitted. Such request |
| 217 | may be made to the applicant by letter or by telephone and shall |
| 218 | indicate the date by which the information or clarification is |
| 219 | needed. |
| 220 | (d) Applications shall be submitted to the authority and |
| 221 | shall include the original and the number of complete copies the |
| 222 | authority requires. |
| 223 | (e)1. To be considered for funding, applications must be |
| 224 | received by the authority office on or before 5:00 p.m. on the |
| 225 | deadline specified in the grant solicitation letter or be |
| 226 | clearly postmarked or show evidence of submission to an express |
| 227 | mail service on or before the deadline. |
| 228 | 2. At least 30 days before each grant solicitation period, |
| 229 | the authority shall publish in the Florida Administrative Weekly |
| 230 | and as otherwise determined by the authority notification of the |
| 231 | impending grant application period. This notification shall |
| 232 | include a mailing address and telephone number through which |
| 233 | application forms and additional information may be obtained. |
| 234 | (2) APPLICATION REVIEW.-- |
| 235 | (a) Upon receipt of grant applications, the authority |
| 236 | shall review and evaluate each application for completeness and |
| 237 | eligibility. Each application shall be assigned an |
| 238 | identification number. |
| 239 | (b) The authority shall send a copy of each application to |
| 240 | the chair of the governing body of the county and of each |
| 241 | municipality in the county and to the chair of the board of |
| 242 | directors of any nonprofit corporation which may have been |
| 243 | formed pursuant to section 378.036(6), Florida Statutes, as |
| 244 | amended from time to time, with a request for a response which |
| 245 | may not be required fewer than 30 calendar days after the date |
| 246 | of posting to the entities. |
| 247 | (c) Each governing body and the board of directors |
| 248 | described in paragraph (b) may review the projects and then rank |
| 249 | them in the order that each would prefer to be funded, with "1" |
| 250 | being the first priority and each subsequent higher number being |
| 251 | of lesser importance. Each may include documentation as to the |
| 252 | reasons for the ranking, and any such ranking and documentation |
| 253 | must be received by the authority by the date prescribed to be |
| 254 | considered by the authority. |
| 255 | (d) The authority shall convene at least one public |
| 256 | meeting to review all applications for grants for economic |
| 257 | development and infrastructure projects in the county, including |
| 258 | any rankings received as provided in paragraphs (b) and (c) and |
| 259 | any public testimony that is received at the hearing. |
| 260 | (e) Thereafter, the authority shall evaluate each |
| 261 | application based on the criteria relating to the site involved, |
| 262 | the prospective grantee, and the anticipated public benefit as |
| 263 | follows: |
| 264 | 1. Criteria related to the site shall be established by |
| 265 | the authority prior to any solicitation for grant applications. |
| 266 | 2. Criteria related to the grantee: |
| 267 | a. Administrative capability, including personnel, |
| 268 | facilities, and organization, adequate to complete the project |
| 269 | and meet the administrative requirements of the grant. |
| 270 | b. Financial resources adequate to carry project costs as |
| 271 | necessary pending receipt of reimbursements from grant funds. |
| 272 | c. Availability of professional and technical services |
| 273 | required to carry out the project work. |
| 274 | 3. Criteria related to public benefit: |
| 275 | a. Compatibility with countywide economic development and |
| 276 | infrastructure priorities, including equitable geographic and |
| 277 | demographic distribution of available funds. |
| 278 | b. Anticipated economic benefits, including direct impact |
| 279 | on the local economy and the stimulation of additional private- |
| 280 | sector interest and investment in the county. |
| 281 | c. Public use or other public good resulting from the |
| 282 | project. |
| 283 | (f) The authority shall develop a priority listing of all |
| 284 | project applications, including consideration of the information |
| 285 | received from the county, the municipalities, the nonprofit |
| 286 | corporation, if any, and the public, by ranking each project |
| 287 | relative to the others and shall establish funding levels and |
| 288 | any appropriate special conditions for each individual project. |
| 289 | When developing its priority listing, in addition to considering |
| 290 | other criteria used in evaluating project applications, the |
| 291 | authority may give special consideration to projects for which |
| 292 | the county has undertaken to provide matching funds. |
| 293 | (g) Grant funds shall be awarded in accordance with the |
| 294 | final priority listing of the applications considered for grant |
| 295 | assistance by the authority, and funds shall not be provided for |
| 296 | projects that were not applied for, reviewed, and recommended in |
| 297 | accordance with procedures outlined in this act. |
| 298 | (h) The authority may decline to fund any or all requested |
| 299 | projects in any fiscal year if the projects fail to adequately |
| 300 | meet the authority's evaluation criteria. Moneys received from |
| 301 | the Chief Financial Officer for that year shall be carried |
| 302 | forward for distribution in a following fiscal year. |
| 303 | (3) GRANT AWARD AGREEMENT.-- |
| 304 | (a) All grant awards that have been approved in accordance |
| 305 | with this act shall be formalized through a grant award |
| 306 | agreement that is incorporated by reference. |
| 307 | (b) The grant award agreement shall contain conditions |
| 308 | governing the grant award. |
| 309 | (c) The project work may not be initiated before the |
| 310 | effective date of the grant award agreement unless authorized by |
| 311 | the authority. |
| 312 | (d) Funds remaining in any grant allocation as a result of |
| 313 | early termination or of completion of the project at less than |
| 314 | anticipated cost shall revert to the interest-bearing restricted |
| 315 | account established by this act to be distributed to any other |
| 316 | project or projects in accordance with this act. |
| 317 | Section 8. If any provision of this act or its application |
| 318 | to any person or circumstance is held invalid, the invalidity |
| 319 | does not affect other provisions or applications of the act |
| 320 | which can be given effect without the invalid provision or |
| 321 | application, and to this end the provisions of this act are |
| 322 | declared severable. |
| 323 | Section 9. This act shall take effect upon becoming a law. |