HB 1857

1
A bill to be entitled
2An act relating to the Department of Community Affairs;
3transferring the state energy program and the Clean Fuel
4Florida Advisory Board by type two transfer from the
5Department of Community Affairs to the Department of
6Environmental Protection; amending s. 20.18, F.S.;
7removing responsibility of the Department of Community
8Affairs for state energy policy; amending s. 20.255, F.S.;
9assigning responsibility for the state energy policy to
10the Department of Environmental Protection; amending s.
11163.03, F.S.; removing authority of the Department of
12Community Affairs for the Coastal Energy Impact Program;
13amending ss. 288.041, 377.603, 377.701, and 403.42, F.S.;
14transferring duties of the Department of Community Affairs
15relating to the solar energy industry, energy data
16collection, petroleum allocation, and the Clean Fuel
17Florida Advisory Board to the Department of Environmental
18Protection; amending s. 288.95155, F.S.; deleting an
19obsolete reference; amending s. 377.602, F.S.; revising a
20definition; amending s. 377.703, F.S.; transferring duties
21of the Department of Community Affairs relating to
22additional energy functions and responsibilities to the
23Department of Environmental Protection; providing for
24rulemaking; amending s. 420.36, F.S.; funding the Low-
25income Emergency Home Repair Program through the State
26Housing Trust Fund; transferring the Affordable Housing
27Catalyst Program by type two transfer from the Department
28of Community Affairs to the Florida Housing Finance
29Corporation; excluding the transfer of certain trust
30funds; amending s. 420.507, F.S.; authorizing the Florida
31Housing Finance Corporation to provide resources for the
32Affordable Housing Study Commission; authorizing the
33Florida Housing Finance Corporation to develop and
34administer the Affordable Housing Catalyst Program;
35creating s. 420.531, F.S.; providing that the Affordable
36Housing Catalyst Program be operated by the Florida
37Housing Finance Corporation; providing for technical
38support, formation of partnerships, implementation of
39regulatory reforms, affordable housing programs within
40local government comprehensive plans, and compliance with
41federally funded housing programs; amending s. 420.6015,
42F.S.; revising legislative findings regarding the
43Department of Community Affairs' housing programs, to
44conform; amending s. 420.606, F.S.; removing references to
45the Affordable Housing Catalyst Program in the training
46and technical assistance program of the Affordable Housing
47Planning and Community Assistance Act; amending s.
48420.609, F.S.; requiring the Florida Housing Finance
49Corporation to provide certain resources to the Affordable
50Housing Study Commission; amending s. 420.9075, F.S.;
51conforming a reference; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  The state energy program, as authorized and
56governed by ss. 20.18, 288.041, 377.601-377.608, 377.701, and
57377.703, Florida Statutes, and the Clean Fuel Florida Advisory
58Board, as authorized and governed by s. 403.42, Florida
59Statutes, are transferred by a type two transfer, as defined in
60s. 20.06(2), Florida Statutes, from the Department of Community
61Affairs to the Department of Environmental Protection.
62     Section 2.  Subsection (6) of section 20.18, Florida
63Statutes, is amended to read:
64     20.18  Department of Community Affairs.--There is created a
65Department of Community Affairs.
66     (6)  The department is the agency of state government
67responsible for collection and analysis of information on energy
68resources in this state, for coordination of the energy
69conservation programs of state agencies, and for coordination of
70the development, review, and implementation of state energy
71policy. The energy program responsibilities of the department
72set forth in this subsection shall be carried out by the Office
73of the Secretary of Community Affairs until such time as the
74secretary determines that such responsibilities should be
75redistributed within the various divisions of the department and
76submits a report to the Legislature with respect thereto.
77     Section 3.  Subsection (8) is added to section 20.255,
78Florida Statutes, to read:
79     20.255  Department of Environmental Protection.--There is
80created a Department of Environmental Protection.
81     (8)  The department is the agency of state government
82responsible for collection and analysis of information on energy
83resources in this state, for coordination of the energy
84conservation programs of state agencies, and for coordination of
85the development, review, and implementation of state energy
86policy.
87     Section 4.  Paragraph (b) of subsection (3) of section
88163.03, Florida Statutes, is amended to read:
89     163.03  Secretary of Community Affairs; powers and duties;
90function of Department of Community Affairs with respect to
91federal grant-in-aid programs.--
92     (3)  The department is authorized to adopt rules
93implementing the following grant programs, which rules shall be
94consistent with the laws, regulations, or guidelines governing
95the grant to the department:
96     (b)  Grants under the federal programs known as the Coastal
97Energy Impact Program and the Outer Continental Shelf Program
98administered by the Bureau of Land and Water Management.
99     Section 5.  Subsections (3), (4), and (5) of section
100288.041, Florida Statutes, are amended to read:
101     288.041  Solar energy industry; legislative findings and
102policy; promotional activities.--
103     (3)  Enterprise Florida, Inc., and its boards shall assist
104in the expansion of the solar energy industry in this state.
105Such efforts shall be undertaken in cooperation with the
106Department of Environmental Protection Community Affairs, the
107Florida Solar Energy Center, and the Florida Solar Energy
108Industries Association, and shall include:
109     (a)  Providing assistance and support to new and existing
110photovoltaic companies, with special emphasis on attracting one
111or more manufacturers of photovoltaic products to locate within
112this state.
113     (b)  Sponsoring initiatives which aid and take full
114advantage of the export market potential of solar technologies.
115     (c)  Informing the business sector of this state about
116opportunities for cost-effective commercial applications of
117solar technologies.
118     (d)  Encouraging employment of residents of this state by
119solar energy companies.
120     (e)  Retaining existing solar energy companies and
121supporting their expansion efforts in this state.
122     (f)  Supporting the promotion of solar energy by sponsoring
123workshops, seminars, conferences, and educational programs on
124the benefits of solar energy.
125     (g)  Recognizing outstanding developments and achievements
126in, and contributions to, the solar energy industry.
127     (h)  Collecting and disseminating solar energy information
128relevant to the promotion of solar energy applications.
129     (i)  Enlisting the support of persons, civic groups, the
130solar energy industry, and other organizations to promote and
131improve solar energy products and services.
132     (4)  The Department of Environmental Protection shall also
133promote projects that demonstrate viable applications of solar
134technology which may include, but shall not be limited to:
135irrigation and stock watering, process heat for dairy and citrus
136operations, aquaculture, hydroponics, horticulture, waste
137detoxification, and other means of meeting the energy needs of
138the agricultural industry.
139     (5)  By January 15 of each year, the Department of
140Environmental Protection Community Affairs shall report to the
141Governor, the President of the Senate, and the Speaker of the
142House of Representatives on the impact of the solar energy
143industry on the economy of this state and shall make any
144recommendations on initiatives to further promote the solar
145energy industry as the department deems appropriate.
146     Section 6.  Subsection (2) of section 288.95155, Florida
147Statutes, is amended to read:
148     288.95155  Florida Small Business Technology Growth
149Program.--
150     (2)  Enterprise Florida, Inc., shall establish a separate
151small business technology growth account in the Florida
152Technology Research Investment Fund for purposes of this
153section. Moneys in the account shall consist of appropriations
154by the Legislature, proceeds of any collateral used to secure
155such assistance, transfers, fees assessed for providing or
156processing such financial assistance, grants, interest earnings,
157and earnings on financial assistance, and any moneys transferred
158to the account by the Department of Community Affairs from the
159Economic Opportunity Trust Fund for use in qualifying energy
160projects.
161     Section 7.  Subsection (2) of section 377.602, Florida
162Statutes, is amended to read:
163     377.602  Definitions.--As used in ss. 377.601-377.608:
164     (2)  "Department" means the Department of Environmental
165Protection Community Affairs.
166     Section 8.  Section 377.603, Florida Statutes, is amended
167to read:
168     377.603  Energy data collection; powers and duties of the
169Department of Environmental Protection Community Affairs.--
170     (1)  The department shall collect data on the extraction,
171production, importation, exportation, refinement,
172transportation, transmission, conversion, storage, sale, or
173reserves of energy resources in this state in an efficient and
174expeditious manner.
175     (2)  The department shall prepare periodic reports of
176energy data it collects.
177     (3)  The department shall prescribe and furnish forms for
178the collection of information as required by ss. 377.601-377.608
179and shall consult with other state entities to assure that such
180data collected will meet their data requirements.
181     (4)  The department may adopt and promulgate such rules and
182regulations as are necessary to carry out the provisions of ss.
183377.601-377.608. Such rules shall be pursuant to chapter 120.
184     (5)  The department shall maintain internal validation
185procedures to assure the accuracy of information received.
186     Section 9.  Subsection (1) of section 377.701, Florida
187Statutes, is amended to read:
188     377.701  Petroleum allocation.--
189     (1)  The Department of Environmental Protection Community
190Affairs shall assume the state's role in petroleum allocation
191and conservation, including the development of a fair and
192equitable petroleum plan. The department shall constitute the
193responsible state agency for performing the functions of any
194federal program delegated to the state, which relates to
195petroleum supply, demand, and allocation.
196     Section 10.  Subsections (3) and (4) of section 377.703,
197Florida Statutes, are amended to read:
198     377.703  Additional functions of the Department of
199Environmental Protection Community Affairs; energy emergency
200contingency plan; federal and state conservation programs.--
201     (3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY
202AFFAIRS; DUTIES.--The Department of Environmental Protection
203Community Affairs shall, in addition to assuming the duties and
204responsibilities provided by ss. 20.255 20.18 and 377.701,
205perform the following functions consistent with the development
206of a state energy policy:
207     (a)  The department shall assume the responsibility for
208development of an energy emergency contingency plan to respond
209to serious shortages of primary and secondary energy sources.
210Upon a finding by the Governor, implementation of any emergency
211program shall be upon order of the Governor that a particular
212kind or type of fuel is, or that the occurrence of an event
213which is reasonably expected within 30 days will make the fuel,
214in short supply. The department shall then respond by
215instituting the appropriate measures of the contingency plan to
216meet the given emergency or energy shortage. The Governor may
217utilize the provisions of s. 252.36(5) to carry out any
218emergency actions required by a serious shortage of energy
219sources.
220     (b)  The department shall constitute the responsible state
221agency for performing or coordinating the functions of any
222federal energy programs delegated to the state, including energy
223supply, demand, conservation, or allocation.
224     (c)  The department shall analyze present and proposed
225federal energy programs and make recommendations regarding those
226programs to the Governor.
227     (d)  The department shall coordinate efforts to seek
228federal support or other support for state energy activities,
229including energy conservation, research, or development, and
230shall be the state agency responsible for the coordination of
231multiagency energy conservation programs and plans.
232     (e)  The department shall analyze energy data collected and
233prepare long-range forecasts of energy supply and demand in
234coordination with the Florida Public Service Commission, which
235shall have responsibility for electricity and natural gas
236forecasts. To this end, the forecasts shall contain:
237     1.  An analysis of the relationship of state economic
238growth and development to energy supply and demand, including
239the constraints to economic growth resulting from energy supply
240constraints.
241     2.  Plans for the development of renewable energy resources
242and reduction in dependence on depletable energy resources,
243particularly oil and natural gas, and an analysis of the extent
244to which renewable energy sources are being utilized in the
245state.
246     3.  Consideration of alternative scenarios of statewide
247energy supply and demand for 5, 10, and 20 years, to identify
248strategies for long-range action, including identification of
249potential social, economic, and environmental effects.
250     4.  An assessment of the state's energy resources,
251including examination of the availability of commercially
252developable and imported fuels, and an analysis of anticipated
253effects on the state's environment and social services resulting
254from energy resource development activities or from energy
255supply constraints, or both.
256     (f)  The department shall make a report, as requested by
257the Governor or the Legislature, reflecting its activities and
258making recommendations of policies for improvement of the
259state's response to energy supply and demand and its effect on
260the health, safety, and welfare of the people of Florida. The
261report shall include a report from the Florida Public Service
262Commission on electricity and natural gas and information on
263energy conservation programs conducted and under way in the past
264year and shall include recommendations for energy conservation
265programs for the state, including, but not limited to, the
266following factors:
267     1.  Formulation of specific recommendations for improvement
268in the efficiency of energy utilization in governmental,
269residential, commercial, industrial, and transportation sectors.
270     2.  Collection and dissemination of information relating to
271energy conservation.
272     3.  Development and conduct of educational and training
273programs relating to energy conservation.
274     4.  An analysis of the ways in which state agencies are
275seeking to implement s. 377.601(4), the state energy policy, and
276recommendations for better fulfilling this policy.
277     (g)  The department has authority to adopt rules pursuant
278to ss. 120.536(1) and 120.54 to implement the provisions of this
279act.
280     (h)  The department shall promote the development and use
281of renewable energy resources, in conformance with the
282provisions of chapter 187 and s. 377.601, by:
283     1.  Establishing goals and strategies for increasing the
284use of solar energy in this state.
285     2.  Aiding and promoting the commercialization of solar
286energy technology, in cooperation with the Florida Solar Energy
287Center, Enterprise Florida, Inc., and any other federal, state,
288or local governmental agency which may seek to promote research,
289development, and demonstration of solar energy equipment and
290technology.
291     3.  Identifying barriers to greater use of solar energy
292systems in this state, and developing specific recommendations
293for overcoming identified barriers, with findings and
294recommendations to be submitted annually in the report to the
295Legislature required under paragraph (f).
296     4.  In cooperation with the Department of Transportation,
297the Department of Community Affairs, Enterprise Florida, Inc.,
298the Florida Solar Energy Center, and the Florida Solar Energy
299Industries Association, investigating opportunities, pursuant to
300the National Energy Policy Act of 1992 and the Housing and
301Community Development Act of 1992, for solar electric vehicles
302and other solar energy manufacturing, distribution,
303installation, and financing efforts which will enhance this
304state's position as the leader in solar energy research,
305development, and use.
306     5.  Undertaking other initiatives to advance the
307development and use of renewable energy resources in this state.
308
309In the exercise of its responsibilities under this paragraph,
310the department shall seek the assistance of the solar energy
311industry in this state and other interested parties and is
312authorized to enter into contracts, retain professional
313consulting services, and expend funds appropriated by the
314Legislature for such purposes.
315     (i)  The department shall promote energy conservation in
316all energy use sectors throughout the state and shall constitute
317the state agency primarily responsible for this function. To
318this end, the department shall coordinate the energy
319conservation programs of all state agencies and review and
320comment on the energy conservation programs of all state
321agencies.
322     (j)  The department shall serve as the state clearinghouse
323for indexing and gathering all information related to energy
324programs in state universities, in private universities, in
325federal, state, and local government agencies, and in private
326industry and shall prepare and distribute such information in
327any manner necessary to inform and advise the citizens of the
328state of such programs and activities. This shall include
329developing and maintaining a current index and profile of all
330research activities, which shall be identified by energy area
331and may include a summary of the project, the amount and sources
332of funding, anticipated completion dates, or, in case of
333completed research, conclusions, recommendations, and
334applicability to state government and private sector functions.
335The department shall coordinate, promote, and respond to efforts
336by all sectors of the economy to seek financial support for
337energy activities. The department shall provide information to
338consumers regarding the anticipated energy-use and energy-saving
339characteristics of products and services in coordination with
340any federal, state, or local governmental agencies as may
341provide such information to consumers.
342     (k)  The department shall coordinate energy-related
343programs of state government, including, but not limited to, the
344programs provided in this section. To this end, the department
345shall:
346     1.  Provide assistance to other state agencies, counties,
347municipalities, and regional planning agencies to further and
348promote their energy planning activities.
349     2.  Require, in cooperation with the Department of
350Management Services, all state agencies to operate state-owned
351and state-leased buildings in accordance with energy
352conservation standards as adopted by the Department of
353Management Services. Every 3 months, the Department of
354Management Services shall furnish the department data on
355agencies' energy consumption in a format mutually agreed upon by
356the two departments.
357     3.  Promote the development and use of renewable energy
358resources, energy efficiency technologies, and conservation
359measures.
360     4.  Promote the recovery of energy from wastes, including,
361but not limited to, the use of waste heat, the use of
362agricultural products as a source of energy, and recycling of
363manufactured products. Such promotion shall be conducted in
364conjunction with, and after consultation with, the Department of
365Environmental Protection, the Florida Public Service Commission
366where electrical generation or natural gas is involved, and any
367other relevant federal, state, or local governmental agency
368having responsibility for resource recovery programs.
369     (l)  The department shall develop, coordinate, and promote
370a comprehensive research plan for state programs. Such plan
371shall be consistent with state energy policy and shall be
372updated on a biennial basis.
373     (m)  In recognition of the devastation to the economy of
374this state and the dangers to the health and welfare of
375residents of this state caused by Hurricane Andrew, and the
376potential for such impacts caused by other natural disasters,
377the department shall include in its energy emergency contingency
378plan and provide to the Department of Community Affairs for
379inclusion in the state model energy efficiency building code
380specific provisions to facilitate the use of cost-effective
381solar energy technologies as emergency remedial and preventive
382measures for providing electric power, street lighting, and
383water heating service in the event of electric power outages.
384     (4)  The department shall be responsible for the
385administration of the Coastal Energy Impact Program provided for
386and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a and is
387authorized to adopt rules to implement the program.
388     Section 11.  Section 403.42, Florida Statutes, is amended
389to read:
390     403.42  Florida Clean Fuel Act.--
391     (1)  POPULAR NAME SHORT TITLE AND PURPOSE.--
392     (a)  This section shall be known by the popular name may be
393cited as the "Florida Clean Fuel Act."
394     (b)  The purposes of this act are to establish the Clean
395Fuel Florida Advisory Board under the Department of
396Environmental Protection Community Affairs to study the
397implementation of alternative fuel vehicles and to formulate and
398provide to the Secretary of Environmental Protection Community
399Affairs recommendations on expanding the use of alternative fuel
400vehicles in this state and make funding available for
401implementation.
402     (2)  DEFINITIONS.--For purposes of this act:
403     (a)  "Alternative fuels" include electricity, biodiesel,
404natural gas, propane, and any other fuel that may be deemed
405appropriate in the future by the Department of Environmental
406Protection Community Affairs with guidance from the Clean Fuel
407Florida Advisory Board.
408     (b)  "Alternative fuel vehicles" include on-road and off-
409road transportation vehicles and light-duty, medium-duty, and
410heavy-duty vehicles that are powered by an alternative fuel or a
411combination of alternative fuels.
412     (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
413MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--
414     (a)  The Clean Fuel Florida Advisory Board is established
415within the Department of Environmental Protection Community
416Affairs.
417     (b)1.  The advisory board shall consist of the Secretary of
418Community Affairs, or a designee from that department, the
419Secretary of Environmental Protection, or a designee from that
420department, the Commissioner of Education, or a designee from
421that department, the Secretary of Transportation, or a designee
422from that department, the Commissioner of Agriculture, or a
423designee from the Department of Agriculture and Consumer
424Services, the Secretary of Management Services, or a designee
425from that department, and a representative of each of the
426following, who shall be appointed by the Secretary of
427Environmental Protection Community Affairs within 30 days after
428the effective date of this act:
429     a.  The Florida biodiesel industry.
430     b.  The Florida electric utility industry.
431     c.  The Florida natural gas industry.
432     d.  The Florida propane gas industry.
433     e.  An automobile manufacturers' association.
434     f.  A Florida Clean Cities Coalition designated by the
435United States Department of Energy.
436     g.  Enterprise Florida, Inc.
437     h.  EV Ready Broward.
438     i.  The Florida petroleum industry.
439     j.  The Florida League of Cities.
440     k.  The Florida Association of Counties.
441     l.  Floridians for Better Transportation.
442     m.  A motor vehicle manufacturer.
443     n.  Florida Local Environment Resource Agencies.
444     o.  Project for an Energy Efficient Florida.
445     p.  Florida Transportation Builders Association.
446     2.  The purpose of the advisory board is to serve as a
447resource for the department and to provide the Governor, the
448Legislature, and the Secretary of Environmental Protection
449Community Affairs with private sector and other public agency
450perspectives on achieving the goal of increasing the use of
451alternative fuel vehicles in this state.
452     3.  Members shall be appointed to serve terms of 1 year
453each, with reappointment at the discretion of the Secretary of
454Environmental Protection Community Affairs. Vacancies shall be
455filled for the remainder of the unexpired term in the same
456manner as the original appointment.
457     4.  The board shall annually select a chairperson.
458     5.a.  The board shall meet at least once each quarter or
459more often at the call of the chairperson or the Secretary of
460Environmental Protection Community Affairs.
461     b.  Meetings are exempt from the notice requirements of
462chapter 120, and sufficient notice shall be given to afford
463interested persons reasonable notice under the circumstances.
464     6.  Members of the board are entitled to travel expenses
465while engaged in the performance of board duties.
466     7.  The board shall terminate 5 years after the effective
467date of this act.
468     (c)  The board shall review the performance of the state
469with reference to alternative fuel vehicle implementation in
470complying with federal laws and maximizing available federal
471funding and may:
472     1.  Advise the Governor, Legislature, and the Secretary of
473Environmental Protection Community Affairs and make
474recommendations regarding implementation and use of alternative
475fuel vehicles in this state.
476     2.  Identify potential improvements in this act and the
477state's alternative fuel policies.
478     3.  Request from all state agencies any information the
479board determines relevant to board duties.
480     4.  Regularly report to the Secretary of Environmental
481Protection Community Affairs, the Governor, the President of the
482Senate, and the Speaker of the House of Representatives
483regarding the board's findings and recommendations.
484     (d)1.  The advisory board shall, within 120 days after its
485first meeting, make recommendations to the Department of
486Environmental Protection Community Affairs for establishing
487pilot programs in this state that provide experience and support
488the best use expansion of the alternative fuel vehicle industry
489in this state. No funds shall be released for a project unless
490there is at least a 50-percent private or local match.
491     2.  In addition to the pilot programs, the advisory board
492shall assess federal, state, and local initiatives to identify
493incentives that encourage successful alternative fuel vehicle
494programs; obstacles to alternative fuel vehicle use including
495legislative, regulatory, and economic obstacles; and programs
496that educate and inform the public about alternative fuel
497vehicles.
498     3.  The advisory board is charged with determining a
499reasonable, fair, and equitable way to address current motor
500fuel taxes as they apply to alternative fuels and at what
501threshold of market penetration.
502     4.  Based on its findings, the advisory board shall develop
503recommendations to the Legislature on future alternative fuel
504vehicle programs and legislative changes that provide the best
505use of state and other resources to enhance the alternative fuel
506vehicle market in this state and maximize the return on that
507investment in terms of job creation, economic development, and
508emissions reduction.
509     (e)  The advisory board, working with the Department of
510Environmental Protection Community Affairs, shall develop a
511budget for the department's approval, and all expenditures shall
512be approved by the department. At the conclusion of the first
513year, the department shall conduct an audit of the board and
514board programs.
515     Section 12.  Subsection (4) of section 420.36, Florida
516Statutes, is amended to read:
517     420.36  Low-income Emergency Home Repair Program.--There is
518established within the Department of Community Affairs the Low-
519income Emergency Home Repair Program to assist low-income
520persons, especially the elderly and physically disabled, in
521making emergency repairs which directly affect their health and
522safety.
523     (4)(a)  Funds appropriated to the department for the
524program shall be deposited in the State Housing Energy
525Consumption Trust Fund. Administrative and personnel costs
526incurred by the department in implementing the provisions of
527this section may be paid from the fund.
528     (b)  The grantee may subgrant these funds to a subgrantee
529if the grantee is unable to serve all of the county or the
530target population. Grantee and subgrantee eligibility shall be
531determined by the department.
532     (c)  Funds shall be distributed to grantees and subgrantees
533as follows:
534     1.  For each county, a base amount of at least $3,000 shall
535be set aside from the total funds available, and such amount
536shall be deducted from the total amount appropriated by the
537Legislature.
538     2.  The balance of the funds appropriated by the
539Legislature shall be divided by the total poverty population of
540the state, and this quotient shall be multiplied by each
541county's share of the poverty population. That amount plus the
542base of at least $3,000 shall constitute each county's share. A
543grantee which serves more than one county shall receive the base
544amount plus the poverty population share for each county to be
545served. Contracts with grantees may be renewed annually.
546     3.  The funds allocated to each county shall be offered
547first to an existing weatherization assistance program grantee
548in good standing, as determined by the department, that can
549provide services to the target population of low-income persons,
550low-income elderly persons, and low-income physically disabled
551persons throughout the county.
552     4.  If a weatherization assistance program grantee is not
553available to serve the entire county area, the funds shall be
554distributed through the following process:
555     a.  An announcement of funding availability shall be
556provided to the county. The county may elect to administer the
557program.
558     b.  If the county elects not to administer the program, the
559department shall establish rules to address the selection of one
560or more public or private not-for-profit agencies that are
561experienced in weatherization, rehabilitation, or emergency
562repair to administer the program.
563     5.  If no eligible agency agrees to serve a county, the
564funds for that county shall be distributed to grantees having
565the best performance record as determined by department rule. At
566the end of the contract year, any uncontracted or unexpended
567funds shall be returned to the State Housing Energy Consumption
568Trust Fund and reallocated under the next year's contracting
569cycle.
570     Section 13.  The Affordable Housing Catalyst Program, as
571authorized and governed by s. 420.606, Florida Statutes, is
572transferred by a type two transfer, as defined in s. 20.06(2),
573Florida Statutes, from the Department of Community Affairs to
574the Florida Housing Finance Corporation. Notwithstanding s.
57520.06(2), Florida Statutes, trust funds associated with this
576program shall remain within the Department of Community Affairs.
577     Section 14.  Subsections (42) and (43) are added to section
578420.507, Florida Statutes, to read:
579     420.507  Powers of the corporation.--The corporation shall
580have all the powers necessary or convenient to carry out and
581effectuate the purposes and provisions of this part, including
582the following powers which are in addition to all other powers
583granted by other provisions of this part:
584     (42)  To provide information, assistance, and facilities
585needed by the Affordable Housing Study Commission.
586     (43)  To develop and administer the Affordable Housing
587Catalyst Program under s. 420.531.
588     Section 15.  Section 420.531, Florida Statutes, is created
589to read:
590     420.531  Affordable Housing Catalyst Program.--The
591corporation shall operate the Affordable Housing Catalyst
592Program for the purpose of securing the expertise necessary to
593provide specialized technical support to local governments to
594implement the HOME Investment Partnership Program, State Housing
595Initiatives Partnership Program, and other affordable housing
596programs. The technical support shall, at a minimum, include
597training relating to the following key elements of the
598partnership programs:
599     (1)  Formation of local and regional housing partnerships
600as a means of bringing together resources to provide affordable
601housing.
602     (2)  Implementation of regulatory reforms to reduce the
603risk and cost of developing affordable housing.
604     (3)  Implementation of affordable housing programs included
605in local government comprehensive plans.
606     (4)  Compliance with requirements of federally funded
607housing programs.
608     Section 16.  Subsection (8) of section 420.6015, Florida
609Statutes, is amended to read:
610     420.6015  Legislative findings.--In addition to the
611findings and declarations in ss. 420.0002, 420.502, 421.02,
612422.02, and 423.01, which are hereby reaffirmed, the Legislature
613finds that:
614     (8)  Through the Affordable Housing Catalyst Program and
615other program and staff resources, The department shall
616facilitate the mobilization of public and private resources to
617provide affordable housing through its responsibilities in the
618areas of housing, comprehensive planning, and community
619assistance.
620     Section 17.  Subsection (3) of section 420.606, Florida
621Statutes, is amended to read:
622     420.606  Training and technical assistance program.--
623     (3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The
624Department of Community Affairs shall be responsible for
625securing the necessary expertise to provide training and
626technical assistance to staff of local governments, to staff of
627state agencies, as appropriate, and to community-based
628organizations, and to persons forming such organizations, which
629are formed for the purpose of developing new housing and
630rehabilitating existing housing which is affordable for very-
631low-income persons, low-income persons, and moderate-income
632persons. To the maximum extent feasible, the entity to provide
633the necessary expertise must be recognized by the Internal
634Revenue Service as a nonprofit tax-exempt organization. It must
635have as its primary mission the provision of affordable housing
636training and technical assistance; an ability to provide
637training and technical assistance statewide; and a proven track
638record of successfully providing training and technical
639assistance under the Affordable Housing Catalyst Program.
640     (a)  The training component of the program shall be
641designed to build the housing development capacity of community-
642based organizations and local governments as a permanent
643resource for the benefit of communities in this state.
644     1.  The scope of training shall include, but not be limited
645to, real estate development skills related to affordable
646housing, including the construction process and property
647management and disposition, the development of public-private
648partnerships to reduce housing costs, model housing projects,
649and management and board responsibilities of community-based
650organizations.
651     2.  Training activities may include, but are not limited
652to, materials for self-instruction, workshops, seminars,
653internships, coursework, and special programs developed in
654conjunction with state universities and community colleges.
655     (b)  The technical assistance component of the program
656shall be designed to assist applicants for state-administered
657programs in developing applications and in expediting project
658implementation. Technical assistance activities for the staffs
659of community-based organizations and local governments who are
660directly involved in the production of affordable housing may
661include, but are not limited to, workshops for program
662applicants, onsite visits, guidance in achieving project
663completion, and a newsletter to community-based organizations
664and local governments.
665     (c)  The department shall establish a program known as the
666Affordable Housing Catalyst Program to be responsible for
667securing the necessary expertise as provided in this section for
668providing specialized technical support to local governments to
669implement the HOME Investment Partnership Program, State Housing
670Initiatives Partnership Program, and other affordable housing
671programs. The technical support shall, at a minimum, provide
672training relating to the following key elements of the
673partnership programs:
674     1.  The formation of local and regional housing
675partnerships as a means of bringing together resources to
676provide affordable housing.
677     2.  The implementation of regulatory reforms to reduce the
678risk and cost of developing affordable housing.
679     3.  The implementation of affordable housing programs
680included in local government comprehensive plans.
681     4.  The compliance with requirements of federally funded
682housing programs.
683     Section 18.  Subsection (3) of section 420.609, Florida
684Statutes, is amended to read:
685     420.609  Affordable Housing Study Commission.--Because the
686Legislature firmly supports affordable housing in Florida for
687all economic classes:
688     (3)  The department and the corporation shall supply such
689information, assistance, and facilities as are deemed necessary
690for the commission to carry out its duties under this section
691and shall provide such staff assistance as is necessary for the
692performance of required clerical and administrative functions of
693the commission.
694     Section 19.  Subsection (7) of section 420.9075, Florida
695Statutes, is amended to read:
696     420.9075  Local housing assistance plans; partnerships.--
697     (7)  Pursuant to s. 420.531 420.606, the corporation shall
698provide technical assistance to local governments regarding the
699creation of partnerships, the design of local housing assistance
700strategies, the implementation of local housing incentive
701strategies, and the provision of support services.
702     Section 20.  This act shall take effect July 1, 2004.


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