Amendment
Bill No. 1857
Amendment No. 330419
CHAMBER ACTION
Senate House
.
.
.






1The Conference Committee on HB 1857 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  The Office of Urban Opportunity within the
6Executive Office of the Governor, as authorized and governed by
7section 14.2015(9), Florida Statutes, is transferred by a type
8two transfer, as defined in section 20.06(2), Florida Statutes,
9to the Department of Community Affairs.
10     Section 2.  The State Energy Program, as authorized and
11governed by sections 20.18, 288.041, 377.601-377.608, 377.701,
12and 377.703, Florida Statutes, and the Clean Fuel Florida
13Advisory Board, as authorized and governed by section 403.42,
14Florida Statutes, are transferred by a type two transfer, as
15defined in section 20.06(2), Florida Statutes, from the
16Department of Community Affairs to the Department of
17Environmental Protection. Notwithstanding section 20.06(2),
18Florida Statutes, trust funds associated with this program and
19board shall remain within the Department of Community Affairs.
20     Section 3.  The Affordable Housing Catalyst Program, as
21authorized and governed by section 420.606, Florida Statutes, is
22transferred by a type two transfer, as defined in section
2320.06(2), Florida Statutes, from the Department of Community
24Affairs to the Florida Housing Finance Corporation.
25Notwithstanding section 20.06(2), Florida Statutes, trust funds
26associated with this program shall remain within the Department
27of Community Affairs.
28     Section 4.  Subsection (9) of section 14.2015, Florida
29Statutes, is repealed.
30     Section 5.  Subsection (6) of section 20.18, Florida
31Statutes, is amended to read:
32     20.18  Department of Community Affairs.--There is created a
33Department of Community Affairs.
34     (6)  The Office of Urban Opportunity is created within the
35Department of Community Affairs. The purpose of the office is to
36administer the Front Porch Florida initiative, a comprehensive,
37community-based urban core redevelopment program that enables
38urban core residents to craft solutions to the unique challenges
39of each designated community. The department is the agency of
40state government responsible for collection and analysis of
41information on energy resources in this state, for coordination
42of the energy conservation programs of state agencies, and for
43coordination of the development, review, and implementation of
44state energy policy. The energy program responsibilities of the
45department set forth in this subsection shall be carried out by
46the Office of the Secretary of Community Affairs until such time
47as the secretary determines that such responsibilities should be
48redistributed within the various divisions of the department and
49submits a report to the Legislature with respect thereto.
50     Section 6.  Subsection (8) is added to section 20.255,
51Florida Statutes, to read:
52     20.255  Department of Environmental Protection.--There is
53created a Department of Environmental Protection.
54     (8)  The department is the agency of state government
55responsible for collecting and analyzing information concerning
56energy resources in this state; for coordinating the energy
57conservation programs of state agencies; and for coordinating
58the development, review, and implementation of the state's
59energy policy.
60     Section 7.  Paragraph (b) of subsection (3) of section
61163.03, Florida Statutes, is amended to read:
62     163.03  Secretary of Community Affairs; powers and duties;
63function of Department of Community Affairs with respect to
64federal grant-in-aid programs.--
65     (3)  The department is authorized to adopt rules
66implementing the following grant programs, which rules shall be
67consistent with the laws, regulations, or guidelines governing
68the grant to the department:
69     (b)  Grants under the federal programs known as the Coastal
70Energy Impact Program and the Outer Continental Shelf Program
71administered by the Bureau of Land and Water Management.
72     Section 8.  Paragraph (q) of subsection (5) of section
73212.08, Florida Statutes, is amended to read:
74     212.08  Sales, rental, use, consumption, distribution, and
75storage tax; specified exemptions.--The sale at retail, the
76rental, the use, the consumption, the distribution, and the
77storage to be used or consumed in this state of the following
78are hereby specifically exempt from the tax imposed by this
79chapter.
80     (5)  EXEMPTIONS; ACCOUNT OF USE.--
81     (q)  Community contribution tax credit for donations.--
82     1.  Authorization.--Beginning July 1, 2001, persons who are
83registered with the department under s. 212.18 to collect or
84remit sales or use tax and who make donations to eligible
85sponsors are eligible for tax credits against their state sales
86and use tax liabilities as provided in this paragraph:
87     a.  The credit shall be computed as 50 percent of the
88person's approved annual community contribution;
89     b.  The credit shall be granted as a refund against state
90sales and use taxes reported on returns and remitted in the 12
91months preceding the date of application to the department for
92the credit as required in sub-subparagraph 3.c. If the annual
93credit is not fully used through such refund because of
94insufficient tax payments during the applicable 12-month period,
95the unused amount may be included in an application for a refund
96made pursuant to sub-subparagraph 3.c. in subsequent years
97against the total tax payments made for such year. Carryover
98credits may be applied for a 3-year period without regard to any
99time limitation that would otherwise apply under s. 215.26;
100     c.  No person shall receive more than $200,000 in annual
101tax credits for all approved community contributions made in any
102one year;
103     d.  All proposals for the granting of the tax credit shall
104require the prior approval of the Office of Tourism, Trade, and
105Economic Development;
106     e.  The total amount of tax credits which may be granted
107for all programs approved under this paragraph, s. 220.183, and
108s. 624.5105 is $10 million annually; and
109     f.  A person who is eligible to receive the credit provided
110for in this paragraph, s. 220.183, or s. 624.5105 may receive
111the credit only under the one section of the person's choice.
112     2.  Eligibility requirements.--
113     a.  A community contribution by a person must be in the
114following form:
115     (I)  Cash or other liquid assets;
116     (II)  Real property;
117     (III)  Goods or inventory; or
118     (IV)  Other physical resources as identified by the Office
119of Tourism, Trade, and Economic Development.
120     b.  All community contributions must be reserved
121exclusively for use in a project. As used in this sub-
122subparagraph, the term "project" means any activity undertaken
123by an eligible sponsor which is designed to construct, improve,
124or substantially rehabilitate housing that is affordable to low-
125income or very-low-income households as defined in s.
126420.9071(19) and(28); designed to provide commercial,
127industrial, or public resources and facilities; or designed to
128improve entrepreneurial and job-development opportunities for
129low-income persons. A project may be the investment necessary to
130increase access to high-speed broadband capability in rural
131communities with enterprise zones, including projects that
132result in improvements to communications assets that are owned
133by a business. A project may include the provision of museum
134educational programs and materials that are directly related to
135any project approved between January 1, 1996, and December 31,
1361999, and located in an enterprise zone as referenced in s.
137290.00675. This paragraph does not preclude projects that
138propose to construct or rehabilitate housing for low-income or
139very-low-income households on scattered sites. The Office of
140Tourism, Trade, and Economic Development may reserve up to 50
141percent of the available annual tax credits for housing for
142very-low-income households pursuant to s. 420.9071(28) for the
143first 6 months of the fiscal year. With respect to housing,
144contributions may be used to pay the following eligible low-
145income and very-low-income housing-related activities:
146     (I)  Project development impact and management fees for
147low-income or very-low-income housing projects;
148     (II)  Down payment and closing costs for eligible persons,
149as defined in s. 420.9071(19) and (28);
150     (III)  Administrative costs, including housing counseling
151and marketing fees, not to exceed 10 percent of the community
152contribution, directly related to low-income or very-low-income
153projects; and
154     (IV)  Removal of liens recorded against residential
155property by municipal, county, or special district local
156governments when satisfaction of the lien is a necessary
157precedent to the transfer of the property to an eligible person,
158as defined in s. 420.9071(19) and (28), for the purpose of
159promoting home ownership. Contributions for lien removal must be
160received from a nonrelated third party.
161     c.  The project must be undertaken by an "eligible
162sponsor," which includes:
163     (I)  A community action program;
164     (II)  A nonprofit community-based development organization
165whose mission is the provision of housing for low-income or
166very-low-income households or increasing entrepreneurial and
167job-development opportunities for low-income persons;
168     (III)  A neighborhood housing services corporation;
169     (IV)  A local housing authority created under chapter 421;
170     (V)  A community redevelopment agency created under s.
171163.356;
172     (VI)  The Florida Industrial Development Corporation;
173     (VII)  A historic preservation district agency or
174organization;
175     (VIII)  A regional workforce board;
176     (IX)  A direct-support organization as provided in s.
1771009.983;
178     (X)  An enterprise zone development agency created under s.
179290.0056;
180     (XI)  A community-based organization incorporated under
181chapter 617 which is recognized as educational, charitable, or
182scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
183and whose bylaws and articles of incorporation include
184affordable housing, economic development, or community
185development as the primary mission of the corporation;
186     (XII)  Units of local government;
187     (XIII)  Units of state government; or
188     (XIV)  Any other agency that the Office of Tourism, Trade,
189and Economic Development designates by rule.
190
191In no event may a contributing person have a financial interest
192in the eligible sponsor.
193     d.  The project must be located in an area designated an
194enterprise zone or a Front Porch Florida Community pursuant to
195s. 20.18(6) s. 14.2015(9)(b), unless the project increases
196access to high-speed broadband capability for rural communities
197with enterprise zones but is physically located outside the
198designated rural zone boundaries. Any project designed to
199construct or rehabilitate housing for low-income or very-low-
200income households as defined in s. 420.0971(19) and (28) is
201exempt from the area requirement of this sub-subparagraph.
202     3.  Application requirements.--
203     a.  Any eligible sponsor seeking to participate in this
204program must submit a proposal to the Office of Tourism, Trade,
205and Economic Development which sets forth the name of the
206sponsor, a description of the project, and the area in which the
207project is located, together with such supporting information as
208is prescribed by rule. The proposal must also contain a
209resolution from the local governmental unit in which the project
210is located certifying that the project is consistent with local
211plans and regulations.
212     b.  Any person seeking to participate in this program must
213submit an application for tax credit to the Office of Tourism,
214Trade, and Economic Development which sets forth the name of the
215sponsor, a description of the project, and the type, value, and
216purpose of the contribution. The sponsor shall verify the terms
217of the application and indicate its receipt of the contribution,
218which verification must be in writing and accompany the
219application for tax credit. The person must submit a separate
220tax credit application to the office for each individual
221contribution that it makes to each individual project.
222     c.  Any person who has received notification from the
223Office of Tourism, Trade, and Economic Development that a tax
224credit has been approved must apply to the department to receive
225the refund. Application must be made on the form prescribed for
226claiming refunds of sales and use taxes and be accompanied by a
227copy of the notification. A person may submit only one
228application for refund to the department within any 12-month
229period.
230     4.  Administration.--
231     a.  The Office of Tourism, Trade, and Economic Development
232may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
233to administer this paragraph, including rules for the approval
234or disapproval of proposals by a person.
235     b.  The decision of the Office of Tourism, Trade, and
236Economic Development must be in writing, and, if approved, the
237notification shall state the maximum credit allowable to the
238person. Upon approval, the office shall transmit a copy of the
239decision to the Department of Revenue.
240     c.  The Office of Tourism, Trade, and Economic Development
241shall periodically monitor all projects in a manner consistent
242with available resources to ensure that resources are used in
243accordance with this paragraph; however, each project must be
244reviewed at least once every 2 years.
245     d.  The Office of Tourism, Trade, and Economic Development
246shall, in consultation with the Department of Community Affairs,
247the Florida Housing Finance Corporation, and the statewide and
248regional housing and financial intermediaries, market the
249availability of the community contribution tax credit program to
250community-based organizations.
251     5.  Expiration.--This paragraph expires June 30, 2005;
252however, any accrued credit carryover that is unused on that
253date may be used until the expiration of the 3-year carryover
254period for such credit.
255     Section 9.  Paragraph (d) of subsection (2) of section
256220.183, Florida Statutes, is amended to read:
257     220.183  Community contribution tax credit.--
258     (2)  ELIGIBILITY REQUIREMENTS.--
259     (d)  The project shall be located in an area designated as
260an enterprise zone or a Front Porch Florida Community pursuant
261to s. 20.18(6) s. 14.2015(9)(b). Any project designed to
262construct or rehabilitate housing for low-income or very-low-
263income households as defined in s. 420.9071(19) and (28) is
264exempt from the area requirement of this paragraph. This section
265does not preclude projects that propose to construct or
266rehabilitate housing for low-income or very-low-income
267households on scattered sites. Any project designed to provide
268increased access to high-speed broadband capabilities which
269includes coverage of a rural enterprise zone may locate the
270project's infrastructure in any area of a rural county.
271     Section 10.  Subsections (3) and (5) of section 288.041,
272Florida Statutes, are amended to read:
273     288.041  Solar energy industry; legislative findings and
274policy; promotional activities.--
275     (3)  Enterprise Florida, Inc., and its boards shall assist
276in the expansion of the solar energy industry in this state.  
277Such efforts shall be undertaken in cooperation with the
278Department of Environmental Protection Community Affairs, the
279Florida Solar Energy Center, and the Florida Solar Energy
280Industries Association, and shall include:
281     (a)  Providing assistance and support to new and existing
282photovoltaic companies, with special emphasis on attracting one
283or more manufacturers of photovoltaic products to locate within
284this state.
285     (b)  Sponsoring initiatives which aid and take full
286advantage of the export market potential of solar technologies.
287     (c)  Informing the business sector of this state about
288opportunities for cost-effective commercial applications of
289solar technologies.
290     (d)  Encouraging employment of residents of this state by
291solar energy companies.
292     (e)  Retaining existing solar energy companies and
293supporting their expansion efforts in this state.
294     (f)  Supporting the promotion of solar energy by sponsoring
295workshops, seminars, conferences, and educational programs on
296the benefits of solar energy.
297     (g)  Recognizing outstanding developments and achievements
298in, and contributions to, the solar energy industry.
299     (h)  Collecting and disseminating solar energy information
300relevant to the promotion of solar energy applications.
301     (i)  Enlisting the support of persons, civic groups, the
302solar energy industry, and other organizations to promote and
303improve solar energy products and services.
304     (5)  By January 15 of each year, the Department of
305Environmental Protection Community Affairs shall report to the
306Governor, the President of the Senate, and the Speaker of the
307House of Representatives on the impact of the solar energy
308industry on the economy of this state and shall make any
309recommendations on initiatives to further promote the solar
310energy industry as the department deems appropriate.
311     Section 11.  Subsection (2) of section 288.95155, Florida
312Statutes, is amended to read:
313     288.95155  Florida Small Business Technology Growth
314Program.--
315     (2)  Enterprise Florida, Inc., shall establish a separate
316small business technology growth account in the Florida
317Technology Research Investment Fund for purposes of this
318section. Moneys in the account shall consist of appropriations
319by the Legislature, proceeds of any collateral used to secure
320such assistance, transfers, fees assessed for providing or
321processing such financial assistance, grants, interest earnings,
322and earnings on financial assistance, and any moneys transferred
323to the account by the Department of Community Affairs from the
324Economic Opportunity Trust Fund for use in qualifying energy
325projects.
326     Section 12.  Subsection (2) of section 377.602, Florida
327Statutes, is amended to read:
328     377.602  Definitions.--As used in ss. 377.601-377.608:
329     (2)  "Department" means the Department of Environmental
330Protection Community Affairs.
331     Section 13.  Section 377.603, Florida Statutes, is amended
332to read:
333     377.603  Energy data collection; powers and duties of the
334Department of Environmental Protection Community Affairs.--
335     (1)  The department shall collect data on the extraction,
336production, importation, exportation, refinement,
337transportation, transmission, conversion, storage, sale, or
338reserves of energy resources in this state in an efficient and
339expeditious manner.
340     (2)  The department shall prepare periodic reports of
341energy data it collects.
342     (3)  The department shall prescribe and furnish forms for
343the collection of information as required by ss. 377.601-377.608
344and shall consult with other state entities to assure that such
345data collected will meet their data requirements.
346     (4)  The department may adopt and promulgate such rules and
347regulations as are necessary to carry out the provisions of ss.
348377.601-377.608.  Such rules shall be pursuant to chapter 120.
349     (5)  The department shall maintain internal validation
350procedures to assure the accuracy of information received.
351     Section 14.  Subsection (1) of section 377.701, Florida
352Statutes, is amended to read:
353     377.701  Petroleum allocation.--
354     (1)  The Department of Environmental Protection Community
355Affairs shall assume the state's role in petroleum allocation
356and conservation, including the development of a fair and
357equitable petroleum plan. The department shall constitute the
358responsible state agency for performing the functions of any
359federal program delegated to the state, which relates to
360petroleum supply, demand, and allocation.
361     Section 15.  Subsections (1), (2), and (3) of section
362377.703, Florida Statutes, are amended to read:
363     377.703  Additional functions of the Department of
364Environmental Protection Community Affairs; energy emergency
365contingency plan; federal and state conservation programs.--
366     (1)  LEGISLATIVE INTENT.--Recognizing that energy supply
367and demand questions have become a major area of concern to the
368state which must be dealt with by effective and well-coordinated
369state action, it is the intent of the Legislature to promote the
370efficient, effective, and economical management of energy
371problems, centralize energy coordination responsibilities,
372pinpoint responsibility for conducting energy programs, and
373ensure the accountability of state agencies for the
374implementation of s. 377.601(4), the state energy policy.  It is
375the specific intent of the Legislature that nothing in this act
376shall in any way change the powers, duties, and responsibilities
377assigned by the Florida Electrical Power Plant Siting Act, part
378II of chapter 403, or the powers, duties, and responsibilities
379of the Florida Public Service Commission.
380     (2)  DEFINITIONS.--
381     (a)  "Coordinate," "coordination," or "coordinating" means
382the examination and evaluation of state plans and programs and
383the providing of recommendations to the Cabinet, Legislature,
384and appropriate state agency on any measures deemed necessary to
385ensure that such plans and programs are consistent with state
386energy policy.
387     (b)  "Energy conservation" means increased efficiency in
388the utilization of energy.
389     (c)  "Energy emergency" means an actual or impending
390shortage or curtailment of usable, necessary energy resources,
391such that the maintenance of necessary services, the protection
392of public health, safety, and welfare, or the maintenance of
393basic sound economy is imperiled in any geographical section of
394the state or throughout the entire state.
395     (d)  "Energy source" means electricity, fossil fuels, solar
396power, wind power, hydroelectric power, nuclear power, or any
397other resource which has the capacity to do work.
398     (e)  "Facilities" means any building or structure not
399otherwise exempted by the provisions of this act.
400     (f)  "Fuel" means petroleum, crude oil, petroleum product,
401coal, natural gas, or any other substance used primarily for its
402energy content.
403     (g)  "Local government" means any county, municipality,
404regional planning agency, or other special district or local
405governmental entity the policies or programs of which may affect
406the supply or demand, or both, for energy in the state.
407     (h)  "Promotion" or "promote" means to encourage, aid,
408assist, provide technical and financial assistance, or otherwise
409seek to plan, develop, and expand.
410     (i)  "Regional planning agency" means those agencies
411designated as regional planning agencies by the Department of
412Community Affairs.
413     (j)  "Renewable energy resource" means any method, process,
414or substance the use of which does not diminish its availability
415or abundance, including, but not limited to, biomass conversion,
416geothermal energy, solar energy, wind energy, wood fuels derived
417from waste, ocean thermal gradient power, hydroelectric power,
418and fuels derived from agricultural products.
419     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY
420AFFAIRS; DUTIES.--The Department of Environmental Protection
421Community Affairs shall, in addition to assuming the duties and
422responsibilities provided by ss. 20.255 20.18 and 377.701,
423perform the following functions consistent with the development
424of a state energy policy:
425     (a)  The department shall assume the responsibility for
426development of an energy emergency contingency plan to respond
427to serious shortages of primary and secondary energy sources.  
428Upon a finding by the Governor, implementation of any emergency
429program shall be upon order of the Governor that a particular
430kind or type of fuel is, or that the occurrence of an event
431which is reasonably expected within 30 days will make the fuel,
432in short supply.  The department shall then respond by
433instituting the appropriate measures of the contingency plan to
434meet the given emergency or energy shortage.  The Governor may
435utilize the provisions of s. 252.36(5) to carry out any
436emergency actions required by a serious shortage of energy
437sources.
438     (b)  The department shall constitute the responsible state
439agency for performing or coordinating the functions of any
440federal energy programs delegated to the state, including energy
441supply, demand, conservation, or allocation.
442     (c)  The department shall analyze present and proposed
443federal energy programs and make recommendations regarding those
444programs to the Governor.
445     (d)  The department shall coordinate efforts to seek
446federal support or other support for state energy activities,
447including energy conservation, research, or development, and
448shall be the state agency responsible for the coordination of
449multiagency energy conservation programs and plans.
450     (e)  The department shall analyze energy data collected and
451prepare long-range forecasts of energy supply and demand in
452coordination with the Florida Public Service Commission, which
453shall have responsibility for electricity and natural gas
454forecasts.  To this end, the forecasts shall contain:
455     1.  An analysis of the relationship of state economic
456growth and development to energy supply and demand, including
457the constraints to economic growth resulting from energy supply
458constraints.
459     2.  Plans for the development of renewable energy resources
460and reduction in dependence on depletable energy resources,
461particularly oil and natural gas, and an analysis of the extent
462to which renewable energy sources are being utilized in the
463state.
464     3.  Consideration of alternative scenarios of statewide
465energy supply and demand for 5, 10, and 20 years, to identify
466strategies for long-range action, including identification of
467potential social, economic, and environmental effects.
468     4.  An assessment of the state's energy resources,
469including examination of the availability of commercially
470developable and imported fuels, and an analysis of anticipated
471effects on the state's environment and social services resulting
472from energy resource development activities or from energy
473supply constraints, or both.
474     (f)  The department shall make a report, as requested by
475the Governor or the Legislature, reflecting its activities and
476making recommendations of policies for improvement of the
477state's response to energy supply and demand and its effect on
478the health, safety, and welfare of the people of Florida. The
479report shall include a report from the Florida Public Service
480Commission on electricity and natural gas and information on
481energy conservation programs conducted and under way in the past
482year and shall include recommendations for energy conservation
483programs for the state, including, but not limited to, the
484following factors:
485     1.  Formulation of specific recommendations for improvement
486in the efficiency of energy utilization in governmental,
487residential, commercial, industrial, and transportation sectors.
488     2.  Collection and dissemination of information relating to
489energy conservation.
490     3.  Development and conduct of educational and training
491programs relating to energy conservation.
492     4.  An analysis of the ways in which state agencies are
493seeking to implement s. 377.601(4), the state energy policy, and
494recommendations for better fulfilling this policy.
495     (g)  The department has authority to adopt rules pursuant
496to ss. 120.536(1) and 120.54 to implement the provisions of this
497act.
498     (h)  Promote the development and use of renewable energy
499resources, in conformance with the provisions of chapter 187 and
500s. 377.601, by:
501     1.  Establishing goals and strategies for increasing the
502use of solar energy in this state.
503     2.  Aiding and promoting the commercialization of solar
504energy technology, in cooperation with the Florida Solar Energy
505Center, Enterprise Florida, Inc., and any other federal, state,
506or local governmental agency which may seek to promote research,
507development, and demonstration of solar energy equipment and
508technology.
509     3.  Identifying barriers to greater use of solar energy
510systems in this state, and developing specific recommendations
511for overcoming identified barriers, with findings and
512recommendations to be submitted annually in the report to the
513Legislature required under paragraph (f).
514     4.  In cooperation with the Department of Transportation,
515the Department of Community Affairs, Enterprise Florida, Inc.,
516the Florida Solar Energy Center, and the Florida Solar Energy
517Industries Association, investigating opportunities, pursuant to
518the National Energy Policy Act of 1992 and the Housing and
519Community Development Act of 1992, for solar electric vehicles
520and other solar energy manufacturing, distribution,
521installation, and financing efforts which will enhance this
522state's position as the leader in solar energy research,
523development, and use.
524     5.  Undertaking other initiatives to advance the
525development and use of renewable energy resources in this state.
526
527In the exercise of its responsibilities under this paragraph,
528the department shall seek the assistance of the solar energy
529industry in this state and other interested parties and is
530authorized to enter into contracts, retain professional
531consulting services, and expend funds appropriated by the
532Legislature for such purposes.
533     (i)  The department shall promote energy conservation in
534all energy use sectors throughout the state and shall constitute
535the state agency primarily responsible for this function.  To
536this end, the department shall coordinate the energy
537conservation programs of all state agencies and review and
538comment on the energy conservation programs of all state
539agencies.
540     (j)  The department shall serve as the state clearinghouse
541for indexing and gathering all information related to energy
542programs in state universities, in private universities, in
543federal, state, and local government agencies, and in private
544industry and shall prepare and distribute such information in
545any manner necessary to inform and advise the citizens of the
546state of such programs and activities.  This shall include
547developing and maintaining a current index and profile of all
548research activities, which shall be identified by energy area
549and may include a summary of the project, the amount and sources
550of funding, anticipated completion dates, or, in case of
551completed research, conclusions, recommendations, and
552applicability to state government and private sector functions.  
553The department shall coordinate, promote, and respond to efforts
554by all sectors of the economy to seek financial support for
555energy activities.  The department shall provide information to
556consumers regarding the anticipated energy-use and energy-saving
557characteristics of products and services in coordination with
558any federal, state, or local governmental agencies as may
559provide such information to consumers.
560     (k)  The department shall coordinate energy-related
561programs of state government, including, but not limited to, the
562programs provided in this section. To this end, the department
563shall:
564     1.  Provide assistance to other state agencies, counties,
565municipalities, and regional planning agencies to further and
566promote their energy planning activities.
567     2.  Require, in cooperation with the Department of
568Management Services, all state agencies to operate state-owned
569and state-leased buildings in accordance with energy
570conservation standards as adopted by the Department of
571Management Services. Every 3 months, the Department of
572Management Services shall furnish the department data on
573agencies' energy consumption in a format mutually agreed upon by
574the two departments.
575     3.  Promote the development and use of renewable energy
576resources, energy efficiency technologies, and conservation
577measures.
578     4.  Promote the recovery of energy from wastes, including,
579but not limited to, the use of waste heat, the use of
580agricultural products as a source of energy, and recycling of
581manufactured products. Such promotion shall be conducted in
582conjunction with, and after consultation with, the Department of
583Environmental Protection, the Florida Public Service Commission
584where electrical generation or natural gas is involved, and any
585other relevant federal, state, or local governmental agency
586having responsibility for resource recovery programs.
587     (l)  The department shall develop, coordinate, and promote
588a comprehensive research plan for state programs. Such plan
589shall be consistent with state energy policy and shall be
590updated on a biennial basis.
591     (m)  In recognition of the devastation to the economy of
592this state and the dangers to the health and welfare of
593residents of this state caused by Hurricane Andrew, and the
594potential for such impacts caused by other natural disasters,
595the department shall include in its energy emergency contingency
596plan and provide to the Department of Community Affairs for
597inclusion in the state model energy efficiency building code
598specific provisions to facilitate the use of cost-effective
599solar energy technologies as emergency remedial and preventive
600measures for providing electric power, street lighting, and
601water heating service in the event of electric power outages.
602     Section 16.  Subsection (3) of section 381.7354, Florida
603Statutes, is amended to read:
604     381.7354  Eligibility.--
605     (3)  In addition to the grants awarded under subsections
606(1) and (2), up to 20 percent of the funding for the Reducing
607Racial and Ethnic Health Disparities: Closing the Gap grant
608program shall be dedicated to projects that address improving
609racial and ethnic health status within specific Front Porch
610Florida Communities, as designated pursuant to s. 20.18(6) s.
61114.2015(9)(b).
612     Section 17.  Section 403.42, Florida Statutes, is amended
613to read:
614     403.42  Florida Clean Fuel Act.--
615     (1)  SHORT TITLE AND PURPOSE.--
616     (a)  This section may be cited as the "Florida Clean Fuel
617Act."
618     (b)  The purposes of this act are to establish the Clean
619Fuel Florida Advisory Board under the Department of
620Environmental Protection Community Affairs to study the
621implementation of alternative fuel vehicles and to formulate and
622provide to the Secretary of Environmental Protection Community
623Affairs recommendations on expanding the use of alternative fuel
624vehicles in this state and make funding available for
625implementation.
626     (2)  DEFINITIONS.--For purposes of this act:
627     (a)  "Alternative fuels" include electricity, biodiesel,
628natural gas, propane, and any other fuel that may be deemed
629appropriate in the future by the Department of Environmental
630Protection Community Affairs with guidance from the Clean Fuel
631Florida Advisory Board.
632     (b)  "Alternative fuel vehicles" include on-road and off-
633road transportation vehicles and light-duty, medium-duty, and
634heavy-duty vehicles that are powered by an alternative fuel or a
635combination of alternative fuels.
636     (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
637MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--
638     (a)  The Clean Fuel Florida Advisory Board is established
639within the Department of Environmental Protection Community
640Affairs.
641     (b)1.  The advisory board shall consist of the Secretary of
642Community Affairs, or a designee from that department, the
643Secretary of Environmental Protection, or a designee from that
644department, the Commissioner of Education, or a designee from
645that department, the Secretary of Transportation, or a designee
646from that department, the Commissioner of Agriculture, or a
647designee from the Department of Agriculture and Consumer
648Services, the Secretary of Management Services, or a designee
649from that department, and a representative of each of the
650following, who shall be appointed by the Secretary of
651Environmental Protection Community Affairs within 30 days after
652the effective date of this act:
653     a.  The Florida biodiesel industry.
654     b.  The Florida electric utility industry.
655     c.  The Florida natural gas industry.
656     d.  The Florida propane gas industry.
657     e.  An automobile manufacturers' association.
658     f.  A Florida Clean Cities Coalition designated by the
659United States Department of Energy.
660     g.  Enterprise Florida, Inc.
661     h.  EV Ready Broward.
662     i.  The Florida petroleum industry.
663     j.  The Florida League of Cities.
664     k.  The Florida Association of Counties.
665     l.  Floridians for Better Transportation.
666     m.  A motor vehicle manufacturer.
667     n.  Florida Local Environment Resource Agencies.
668     o.  Project for an Energy Efficient Florida.
669     p.  Florida Transportation Builders Association.
670     2.  The purpose of the advisory board is to serve as a
671resource for the department and to provide the Governor, the
672Legislature, and the Secretary of Environmental Protection
673Community Affairs with private sector and other public agency
674perspectives on achieving the goal of increasing the use of
675alternative fuel vehicles in this state.
676     3.  Members shall be appointed to serve terms of 1 year
677each, with reappointment at the discretion of the Secretary of
678Environmental Protection Community Affairs. Vacancies shall be
679filled for the remainder of the unexpired term in the same
680manner as the original appointment.
681     4.  The board shall annually select a chairperson.
682     5.a.  The board shall meet at least once each quarter or
683more often at the call of the chairperson or the Secretary of
684Environmental Protection Community Affairs.
685     b.  Meetings are exempt from the notice requirements of
686chapter 120, and sufficient notice shall be given to afford
687interested persons reasonable notice under the circumstances.
688     6.  Members of the board are entitled to travel expenses
689while engaged in the performance of board duties.
690     7.  The board shall terminate 5 years after the effective
691date of this act.
692     (c)  The board shall review the performance of the state
693with reference to alternative fuel vehicle implementation in
694complying with federal laws and maximizing available federal
695funding and may:
696     1.  Advise the Governor, Legislature, and the Secretary of
697Environmental Protection Community Affairs and make
698recommendations regarding implementation and use of alternative
699fuel vehicles in this state.
700     2.  Identify potential improvements in this act and the
701state's alternative fuel policies.
702     3.  Request from all state agencies any information the
703board determines relevant to board duties.
704     4.  Regularly report to the Secretary of Environmental
705Protection Community Affairs, the Governor, the President of the
706Senate, and the Speaker of the House of Representatives
707regarding the board's findings and recommendations.
708     (d)1.  The advisory board shall, within 120 days after its
709first meeting, make recommendations to the Department of
710Environmental Protection Community Affairs for establishing
711pilot programs in this state that provide experience and support
712the best use expansion of the alternative fuel vehicle industry
713in this state. No funds shall be released for a project unless
714there is at least a 50-percent private or local match.
715     2.  In addition to the pilot programs, the advisory board
716shall assess federal, state, and local initiatives to identify
717incentives that encourage successful alternative fuel vehicle
718programs; obstacles to alternative fuel vehicle use including
719legislative, regulatory, and economic obstacles; and programs
720that educate and inform the public about alternative fuel
721vehicles.
722     3.  The advisory board is charged with determining a
723reasonable, fair, and equitable way to address current motor
724fuel taxes as they apply to alternative fuels and at what
725threshold of market penetration.
726     4.  Based on its findings, the advisory board shall develop
727recommendations to the Legislature on future alternative fuel
728vehicle programs and legislative changes that provide the best
729use of state and other resources to enhance the alternative fuel
730vehicle market in this state and maximize the return on that
731investment in terms of job creation, economic development, and
732emissions reduction.
733     (e)  The advisory board, working with the Department of
734Environmental Protection Community Affairs, shall develop a
735budget for the department's approval, and all expenditures shall
736be approved by the department. At the conclusion of the first
737year, the department shall conduct an audit of the board and
738board programs.
739     Section 18.  Subsections (42) and (43) are added to section
740420.507, Florida Statutes, to read:
741     420.507  Powers of the corporation.--The corporation shall
742have all the powers necessary or convenient to carry out and
743effectuate the purposes and provisions of this part, including
744the following powers which are in addition to all other powers
745granted by other provisions of this part:
746     (42)  To provide information, assistance, and facilities
747needed by the Affordable Housing Study Commission.
748     (43)  To develop and administer the Affordable Housing
749Catalyst Program under s. 420.531.
750     Section 19.  Section 420.531, Florida Statutes, is created
751to read:
752     420.531  Affordable Housing Catalyst Program.--The
753corporation shall operate the Affordable Housing Catalyst
754Program for the purpose of securing the expertise necessary to
755provide specialized technical support to local governments and
756community-based organizations to implement the HOME Investment
757Partnership Program, State Housing Initiatives Partnership
758Program, and other affordable housing programs. To the maximum
759extent feasible, the entity to provide the necessary expertise
760must be recognized by the Internal Revenue Service as a
761nonprofit tax-exempt organization. It must have as its primary
762mission the provision of affordable housing training and
763technical assistance, an ability to provide training and
764technical assistance statewide, and a proven track record of
765successfully providing training and technical assistance under
766the Affordable Housing Catalyst Program. The technical support
767shall, at a minimum, include training relating to the following
768key elements of the partnership programs:
769     (1)  Formation of local and regional housing partnerships
770as a means of bringing together resources to provide affordable
771housing.
772     (2)  Implementation of regulatory reforms to reduce the
773risk and cost of developing affordable housing.
774     (3)  Implementation of affordable housing programs included
775in local government comprehensive plans.
776     (4)  Compliance with requirements of federally funded
777housing programs.
778     Section 20.  Subsection (8) of section 420.6015, Florida
779Statutes, is amended to read:
780     420.6015  Legislative findings.--In addition to the
781findings and declarations in ss. 420.0002, 420.502, 421.02,
782422.02, and 423.01, which are hereby reaffirmed, the Legislature
783finds that:
784     (8)  Through the Affordable Housing Catalyst Program and
785other program and staff resources, The department shall
786facilitate the mobilization of public and private resources to
787provide affordable housing through its responsibilities in the
788areas of housing, comprehensive planning, and community
789assistance.
790     Section 21.  Subsection (3) of section 420.606, Florida
791Statutes, is amended to read:
792     420.606  Training and technical assistance program.--
793     (3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The
794Department of Community Affairs shall be responsible for
795securing the necessary expertise to provide training and
796technical assistance to staff of local governments, to staff of
797state agencies, as appropriate, and to community-based
798organizations, and to persons forming such organizations, which
799are formed for the purpose of developing new housing and
800rehabilitating existing housing which is affordable for very-
801low-income persons, low-income persons, and moderate-income
802persons. To the maximum extent feasible, the entity to provide
803the necessary expertise must be recognized by the Internal
804Revenue Service as a nonprofit tax-exempt organization. It must
805have as its primary mission the provision of affordable housing
806training and technical assistance; an ability to provide
807training and technical assistance statewide; and a proven track
808record of successfully providing training and technical
809assistance under the Affordable Housing Catalyst Program.
810     (a)  The training component of the program shall be
811designed to build the housing development capacity of community-
812based organizations and local governments as a permanent
813resource for the benefit of communities in this state.
814     1.  The scope of training shall include, but not be limited
815to, real estate development skills related to affordable
816housing, including the construction process and property
817management and disposition, the development of public-private
818partnerships to reduce housing costs, model housing projects,
819and management and board responsibilities of community-based
820organizations.
821     2.  Training activities may include, but are not limited
822to, materials for self-instruction, workshops, seminars,
823internships, coursework, and special programs developed in
824conjunction with state universities and community colleges.
825     (b)  The technical assistance component of the program
826shall be designed to assist applicants for state-administered
827programs in developing applications and in expediting project
828implementation.  Technical assistance activities for the staffs
829of community-based organizations and local governments who are
830directly involved in the production of affordable housing may
831include, but are not limited to, workshops for program
832applicants, onsite visits, guidance in achieving project
833completion, and a newsletter to community-based organizations
834and local governments.
835     (c)  The department shall establish a program known as the
836Affordable Housing Catalyst Program to be responsible for
837securing the necessary expertise as provided in this section for
838providing specialized technical support to local governments to
839implement the HOME Investment Partnership Program, State Housing
840Initiatives Partnership Program, and other affordable housing
841programs.  The technical support shall, at a minimum, provide
842training relating to the following key elements of the
843partnership programs:
844     1.  The formation of local and regional housing
845partnerships as a means of bringing together resources to
846provide affordable housing.
847     2.  The implementation of regulatory reforms to reduce the
848risk and cost of developing affordable housing.
849     3.  The implementation of affordable housing programs
850included in local government comprehensive plans.
851     4.  The compliance with requirements of federally funded
852housing programs.
853     Section 22.  Subsection (3) of section 420.609, Florida
854Statutes, is amended to read:
855     420.609  Affordable Housing Study Commission.--Because the
856Legislature firmly supports affordable housing in Florida for
857all economic classes:
858     (3)  The department and the corporation shall supply such
859information, assistance, and facilities as are deemed necessary
860for the commission to carry out its duties under this section
861and shall provide such staff assistance as is necessary for the
862performance of required clerical and administrative functions of
863the commission.
864     Section 23.  Subsection (7) of section 420.631, Florida
865Statutes, is amended to read:
866     420.631  Definitions relating to Urban Homesteading
867Act.--As used in ss. 420.630-420.635:
868     (7)  "Office" means the Office of Urban Opportunity within
869the Department of Community Affairs Office of Tourism, Trade,
870and Economic Development.
871     Section 24.  Subsection (7) of section 420.9075, Florida
872Statutes, is amended to read:
873     420.9075  Local housing assistance plans; partnerships.--
874     (7)  Pursuant to s. 420.531 s. 420.606, the corporation
875shall provide technical assistance to local governments
876regarding the creation of partnerships, the design of local
877housing assistance strategies, the implementation of local
878housing incentive strategies, and the provision of support
879services.
880     Section 25.  Paragraph (d) of subsection (2) of section
881624.5105, Florida Statutes, is amended to read:
882     624.5105  Community contribution tax credit; authorization;
883limitations; eligibility and application requirements;
884administration; definitions; expiration.--
885     (2)  ELIGIBILITY REQUIREMENTS.--
886     (d)  The project shall be located in an area designated as
887an enterprise zone or a Front Porch Community pursuant to s.
88820.18(6) s. 14.2015(9)(b).  Any project designed to construct or
889rehabilitate housing for low-income or very-low-income
890households as defined in s. 420.9071(19) and (28) is exempt from
891the area requirement of this paragraph.
892     Section 26.  This act shall take effect July 1, 2004.
893
894
895================= T I T L E  A M E N D M E N T =================
896     Remove the entire title and insert:
897
A bill to be entitled
898An act relating to governmental organization; transferring
899the Office of Urban Opportunity from the Executive Office
900of the Governor to the Department of Community Affairs;
901transferring the State Energy Program and the Clean Fuel
902Florida Advisory Board from the Department of Community
903Affairs to the Department of Environmental Protection;
904excluding the transfer of certain associated trust funds;
905transferring the Affordable Housing Catalyst Program from
906the Department of Community Affairs to the Florida Housing
907Finance Corporation; excluding the transfer of certain
908associated trust funds; repealing s. 14.2015(9), F.S.,
909relating to the establishment of the Office of Urban
910Opportunity within the Office of Tourism, Trade, and
911Economic Development of the Executive Office of the
912Governor; amending s. 20.18, F.S.; revising duties of the
913Department of Community Affairs to conform to changes made
914by the act; establishing the Office of Urban Opportunity
915within the Department of Community Affairs; amending s.
91620.255, F.S.; providing duties of the Department of
917Environmental Protection with respect to the state's
918energy policy, to conform; amending s. 163.03, F.S.,
919relating to the Coastal Energy Impact Program; conforming
920provisions to changes made by the act; amending ss. 212.08
921and 220.183, F.S.; conforming cross references; amending
922s. 288.041, F.S., relating to the solar energy industry;
923conforming provisions to the transfer of duties to the
924Department of Environmental Protection; amending s.
925288.95155, F.S., relating to the Florida Small Business
926Technology Growth Program; deleting obsolete provisions;
927amending ss. 377.602, 377.603, 377.701, and 377.703, F.S.,
928relating to the state's energy programs and policies;
929conforming provisions to the transfer of duties to the
930Department of Environmental Protection; authorizing the
931Department of Environmental Protection to adopt rules to
932administer the Coastal Energy Impact Program; amending s.
933381.7354, F.S.; conforming a cross reference; amending s.
934403.42, F.S., relating to the Florida Clean Fuel Act;
935conforming provisions to the transfer of duties to the
936Department of Environmental Protection; amending s.
937420.507, F.S., relating to the Florida Housing Finance
938Corporation; authorizing the corporation to provide
939resources to the Affordable Housing Study Commission and
940perform other duties; creating s. 420.531, F.S.; providing
941legislative findings with respect to supporting local
942communities in providing affordable housing; providing for
943the corporation to administer the Affordable Housing
944Catalyst Program; providing the purpose of the program and
945responsibilities of the corporation; amending ss.
946420.6015, 420.606, and 420.9075, F.S.; conforming
947provisions to the transfer of the Affordable Housing
948Catalyst Program to the Florida Housing Finance
949Corporation; amending s. 420.609, F.S.; deleting duties of
950the Department of Community Affairs with respect to the
951Affordable Housing Study Commission; amending s. 420.631,
952F.S.; conforming provisions to the transfer of the Office
953of Urban Opportunity to the Department of Community
954Affairs; amending s. 624.5105, F.S.; conforming a cross
955reference; providing an effective date.


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