HB 1857

1	A bill to be entitled
2	An act relating to governmental organization; transferring
3	the Office of Urban Opportunity from the Executive Office
4	of the Governor to the Department of Community Affairs;
5	transferring the State Energy Program and the Clean Fuel
6	Florida Advisory Board from the Department of Community
7	Affairs to the Department of Environmental Protection;
8	excluding the transfer of certain associated trust funds;
9	transferring the Affordable Housing Catalyst Program from
10	the Department of Community Affairs to the Florida Housing
11	Finance Corporation; excluding the transfer of certain
12	associated trust funds; repealing s. 14.2015(9), F.S.,
13	relating to the establishment of the Office of Urban
14	Opportunity within the Office of Tourism, Trade, and
15	Economic Development of the Executive Office of the
16	Governor; amending s. 20.18, F.S.; revising duties of the
17	Department of Community Affairs to conform to changes made
18	by the act; establishing the Office of Urban Opportunity
19	within the Department of Community Affairs; amending s.
20	20.255, F.S.; providing duties of the Department of
21	Environmental Protection with respect to the state's
22	energy policy, to conform; amending s. 163.03, F.S.,
23	relating to the Coastal Energy Impact Program; conforming
24	provisions to changes made by the act; amending ss. 212.08
25	and 220.183, F.S.; conforming cross references; amending
26	s. 288.041, F.S., relating to the solar energy industry;
27	conforming provisions to the transfer of duties to the
28	Department of Environmental Protection; amending s.
29	288.95155, F.S., relating to the Florida Small Business
30	Technology Growth Program; deleting obsolete provisions;
31	amending ss. 377.602, 377.603, 377.701, and 377.703, F.S.,
32	relating to the state's energy programs and policies;
33	conforming provisions to the transfer of duties to the
34	Department of Environmental Protection; authorizing the
35	Department of Environmental Protection to adopt rules to
36	administer the Coastal Energy Impact Program; amending s.
37	381.7354, F.S.; conforming a cross reference; amending s.
38	403.42, F.S., relating to the Florida Clean Fuel Act;
39	conforming provisions to the transfer of duties to the
40	Department of Environmental Protection; amending s.
41	420.507, F.S., relating to the Florida Housing Finance
42	Corporation; authorizing the corporation to provide
43	resources to the Affordable Housing Study Commission and
44	perform other duties; creating s. 420.531, F.S.; providing
45	legislative findings with respect to supporting local
46	communities in providing affordable housing; providing for
47	the corporation to administer the Affordable Housing
48	Catalyst Program; providing the purpose of the program and
49	responsibilities of the corporation; amending ss.
50	420.6015, 420.606, and 420.9075, F.S.; conforming
51	provisions to the transfer of the Affordable Housing
52	Catalyst Program to the Florida Housing Finance
53	Corporation; amending s. 420.609, F.S.; deleting duties of
54	the Department of Community Affairs with respect to the
55	Affordable Housing Study Commission; amending s. 420.631,
56	F.S.; conforming provisions to the transfer of the Office
57	of Urban Opportunity to the Department of Community
58	Affairs; amending s. 624.5105, F.S.; conforming a cross
59	reference; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The Office of Urban Opportunity within the
64	Executive Office of the Governor, as authorized and governed by
65	section 14.2015(9), Florida Statutes, is transferred by a type
66	two transfer, as defined in section 20.06(2), Florida Statutes,
67	to the Department of Community Affairs.
68	Section 2.  The State Energy Program, as authorized and
69	governed by sections 20.18, 288.041, 377.601-377.608, 377.701,
70	and 377.703, Florida Statutes, and the Clean Fuel Florida
71	Advisory Board, as authorized and governed by section 403.42,
72	Florida Statutes, are transferred by a type two transfer, as
73	defined in section 20.06(2), Florida Statutes, from the
74	Department of Community Affairs to the Department of
75	Environmental Protection. Notwithstanding section 20.06(2),
76	Florida Statutes, trust funds associated with this program and
77	board shall remain within the Department of Community Affairs.
78	Section 3.  The Affordable Housing Catalyst Program, as
79	authorized and governed by section 420.606, Florida Statutes, is
80	transferred by a type two transfer, as defined in section
81	20.06(2), Florida Statutes, from the Department of Community
82	Affairs to the Florida Housing Finance Corporation.
83	Notwithstanding section 20.06(2), Florida Statutes, trust funds
84	associated with this program shall remain within the Department
85	of Community Affairs.
86	Section 4.  Subsection (9) of section 14.2015, Florida
87	Statutes, is repealed.
88	Section 5.  Subsection (6) of section 20.18, Florida
89	Statutes, is amended to read:
90	20.18  Department of Community Affairs.--There is created a
91	Department of Community Affairs.
92	(6)  The Office of Urban Opportunity is created within the
93	Department of Community Affairs. The purpose of the office is to
94	administer the Front Porch Florida initiative, a comprehensive,
95	community-based urban core redevelopment program that enables
96	urban core residents to craft solutions to the unique challenges
97	of each designated community. The department is the agency of
98	state government responsible for collection and analysis of
99	information on energy resources in this state, for coordination
100	of the energy conservation programs of state agencies, and for
101	coordination of the development, review, and implementation of
102	state energy policy. The energy program responsibilities of the
103	department set forth in this subsection shall be carried out by
104	the Office of the Secretary of Community Affairs until such time
105	as the secretary determines that such responsibilities should be
106	redistributed within the various divisions of the department and
107	submits a report to the Legislature with respect thereto.
108	Section 6.  Subsection (8) is added to section 20.255,
109	Florida Statutes, to read:
110	20.255  Department of Environmental Protection.--There is
111	created a Department of Environmental Protection.
112	(8)  The department is the agency of state government
113	responsible for collecting and analyzing information concerning
114	energy resources in this state; for coordinating the energy
115	conservation programs of state agencies; and for coordinating
116	the development, review, and implementation of the state's
117	energy policy.
118	Section 7.  Paragraph (b) of subsection (3) of section
119	163.03, Florida Statutes, is amended to read:
120	163.03  Secretary of Community Affairs; powers and duties;
121	function of Department of Community Affairs with respect to
122	federal grant-in-aid programs.--
123	(3)  The department is authorized to adopt rules
124	implementing the following grant programs, which rules shall be
125	consistent with the laws, regulations, or guidelines governing
126	the grant to the department:
127	(b)  Grants under the federal programs known as the Coastal
128	Energy Impact Program and the Outer Continental Shelf Program
129	administered by the Bureau of Land and Water Management.
130	Section 8.  Paragraph (q) of subsection (5) of section
131	212.08, Florida Statutes, is amended to read:
132	212.08  Sales, rental, use, consumption, distribution, and
133	storage tax; specified exemptions.--The sale at retail, the
134	rental, the use, the consumption, the distribution, and the
135	storage to be used or consumed in this state of the following
136	are hereby specifically exempt from the tax imposed by this
137	chapter.
138	(5)  EXEMPTIONS; ACCOUNT OF USE.--
139	(q)  Community contribution tax credit for donations.--
140	1.  Authorization.--Beginning July 1, 2001, persons who are
141	registered with the department under s. 212.18 to collect or
142	remit sales or use tax and who make donations to eligible
143	sponsors are eligible for tax credits against their state sales
144	and use tax liabilities as provided in this paragraph:
145	a.  The credit shall be computed as 50 percent of the
146	person's approved annual community contribution;
147	b.  The credit shall be granted as a refund against state
148	sales and use taxes reported on returns and remitted in the 12
149	months preceding the date of application to the department for
150	the credit as required in sub-subparagraph 3.c. If the annual
151	credit is not fully used through such refund because of
152	insufficient tax payments during the applicable 12-month period,
153	the unused amount may be included in an application for a refund
154	made pursuant to sub-subparagraph 3.c. in subsequent years
155	against the total tax payments made for such year. Carryover
156	credits may be applied for a 3-year period without regard to any
157	time limitation that would otherwise apply under s. 215.26;
158	c.  No person shall receive more than $200,000 in annual
159	tax credits for all approved community contributions made in any
160	one year;
161	d.  All proposals for the granting of the tax credit shall
162	require the prior approval of the Office of Tourism, Trade, and
163	Economic Development;
164	e.  The total amount of tax credits which may be granted
165	for all programs approved under this paragraph, s. 220.183, and
166	s. 624.5105 is $10 million annually; and
167	f.  A person who is eligible to receive the credit provided
168	for in this paragraph, s. 220.183, or s. 624.5105 may receive
169	the credit only under the one section of the person's choice.
170	2.  Eligibility requirements.--
171	a.  A community contribution by a person must be in the
172	following form:
173	(I)  Cash or other liquid assets;
174	(II)  Real property;
175	(III)  Goods or inventory; or
176	(IV)  Other physical resources as identified by the Office
177	of Tourism, Trade, and Economic Development.
178	b.  All community contributions must be reserved
179	exclusively for use in a project. As used in this sub-
180	subparagraph, the term "project" means any activity undertaken
181	by an eligible sponsor which is designed to construct, improve,
182	or substantially rehabilitate housing that is affordable to low-
183	income or very-low-income households as defined in s.
184	420.9071(19) and(28); designed to provide commercial,
185	industrial, or public resources and facilities; or designed to
186	improve entrepreneurial and job-development opportunities for
187	low-income persons. A project may be the investment necessary to
188	increase access to high-speed broadband capability in rural
189	communities with enterprise zones, including projects that
190	result in improvements to communications assets that are owned
191	by a business. A project may include the provision of museum
192	educational programs and materials that are directly related to
193	any project approved between January 1, 1996, and December 31,
194	1999, and located in an enterprise zone as referenced in s.
195	290.00675. This paragraph does not preclude projects that
196	propose to construct or rehabilitate housing for low-income or
197	very-low-income households on scattered sites. The Office of
198	Tourism, Trade, and Economic Development may reserve up to 50
199	percent of the available annual tax credits for housing for
200	very-low-income households pursuant to s. 420.9071(28) for the
201	first 6 months of the fiscal year. With respect to housing,
202	contributions may be used to pay the following eligible low-
203	income and very-low-income housing-related activities:
204	(I)  Project development impact and management fees for
205	low-income or very-low-income housing projects;
206	(II)  Down payment and closing costs for eligible persons,
207	as defined in s. 420.9071(19) and (28);
208	(III)  Administrative costs, including housing counseling
209	and marketing fees, not to exceed 10 percent of the community
210	contribution, directly related to low-income or very-low-income
211	projects; and
212	(IV)  Removal of liens recorded against residential
213	property by municipal, county, or special district local
214	governments when satisfaction of the lien is a necessary
215	precedent to the transfer of the property to an eligible person,
216	as defined in s. 420.9071(19) and (28), for the purpose of
217	promoting home ownership. Contributions for lien removal must be
218	received from a nonrelated third party.
219	c.  The project must be undertaken by an "eligible
220	sponsor," which includes:
221	(I)  A community action program;
222	(II)  A nonprofit community-based development organization
223	whose mission is the provision of housing for low-income or
224	very-low-income households or increasing entrepreneurial and
225	job-development opportunities for low-income persons;
226	(III)  A neighborhood housing services corporation;
227	(IV)  A local housing authority created under chapter 421;
228	(V)  A community redevelopment agency created under s.
229	163.356;
230	(VI)  The Florida Industrial Development Corporation;
231	(VII)  A historic preservation district agency or
232	organization;
233	(VIII)  A regional workforce board;
234	(IX)  A direct-support organization as provided in s.
235	1009.983;
236	(X)  An enterprise zone development agency created under s.
237	290.0056;
238	(XI)  A community-based organization incorporated under
239	chapter 617 which is recognized as educational, charitable, or
240	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
241	and whose bylaws and articles of incorporation include
242	affordable housing, economic development, or community
243	development as the primary mission of the corporation;
244	(XII)  Units of local government;
245	(XIII)  Units of state government; or
246	(XIV)  Any other agency that the Office of Tourism, Trade,
247	and Economic Development designates by rule.
248
249	In no event may a contributing person have a financial interest
250	in the eligible sponsor.
251	d.  The project must be located in an area designated an
252	enterprise zone or a Front Porch Florida Community pursuant to
253	s. 20.18(6) s. 14.2015(9)(b), unless the project increases
254	access to high-speed broadband capability for rural communities
255	with enterprise zones but is physically located outside the
256	designated rural zone boundaries. Any project designed to
257	construct or rehabilitate housing for low-income or very-low-
258	income households as defined in s. 420.0971(19) and (28) is
259	exempt from the area requirement of this sub-subparagraph.
260	3.  Application requirements.--
261	a.  Any eligible sponsor seeking to participate in this
262	program must submit a proposal to the Office of Tourism, Trade,
263	and Economic Development which sets forth the name of the
264	sponsor, a description of the project, and the area in which the
265	project is located, together with such supporting information as
266	is prescribed by rule. The proposal must also contain a
267	resolution from the local governmental unit in which the project
268	is located certifying that the project is consistent with local
269	plans and regulations.
270	b.  Any person seeking to participate in this program must
271	submit an application for tax credit to the Office of Tourism,
272	Trade, and Economic Development which sets forth the name of the
273	sponsor, a description of the project, and the type, value, and
274	purpose of the contribution. The sponsor shall verify the terms
275	of the application and indicate its receipt of the contribution,
276	which verification must be in writing and accompany the
277	application for tax credit. The person must submit a separate
278	tax credit application to the office for each individual
279	contribution that it makes to each individual project.
280	c.  Any person who has received notification from the
281	Office of Tourism, Trade, and Economic Development that a tax
282	credit has been approved must apply to the department to receive
283	the refund. Application must be made on the form prescribed for
284	claiming refunds of sales and use taxes and be accompanied by a
285	copy of the notification. A person may submit only one
286	application for refund to the department within any 12-month
287	period.
288	4.  Administration.--
289	a.  The Office of Tourism, Trade, and Economic Development
290	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
291	to administer this paragraph, including rules for the approval
292	or disapproval of proposals by a person.
293	b.  The decision of the Office of Tourism, Trade, and
294	Economic Development must be in writing, and, if approved, the
295	notification shall state the maximum credit allowable to the
296	person. Upon approval, the office shall transmit a copy of the
297	decision to the Department of Revenue.
298	c.  The Office of Tourism, Trade, and Economic Development
299	shall periodically monitor all projects in a manner consistent
300	with available resources to ensure that resources are used in
301	accordance with this paragraph; however, each project must be
302	reviewed at least once every 2 years.
303	d.  The Office of Tourism, Trade, and Economic Development
304	shall, in consultation with the Department of Community Affairs,
305	the Florida Housing Finance Corporation, and the statewide and
306	regional housing and financial intermediaries, market the
307	availability of the community contribution tax credit program to
308	community-based organizations.
309	5.  Expiration.--This paragraph expires June 30, 2005;
310	however, any accrued credit carryover that is unused on that
311	date may be used until the expiration of the 3-year carryover
312	period for such credit.
313	Section 9.  Paragraph (d) of subsection (2) of section
314	220.183, Florida Statutes, is amended to read:
315	220.183  Community contribution tax credit.--
316	(2)  ELIGIBILITY REQUIREMENTS.--
317	(d)  The project shall be located in an area designated as
318	an enterprise zone or a Front Porch Florida Community pursuant
319	to s. 20.18(6) s. 14.2015(9)(b). Any project designed to
320	construct or rehabilitate housing for low-income or very-low-
321	income households as defined in s. 420.9071(19) and (28) is
322	exempt from the area requirement of this paragraph. This section
323	does not preclude projects that propose to construct or
324	rehabilitate housing for low-income or very-low-income
325	households on scattered sites. Any project designed to provide
326	increased access to high-speed broadband capabilities which
327	includes coverage of a rural enterprise zone may locate the
328	project's infrastructure in any area of a rural county.
329	Section 10.  Subsections (3) and (5) of section 288.041,
330	Florida Statutes, are amended to read:
331	288.041  Solar energy industry; legislative findings and
332	policy; promotional activities.--
333	(3)  Enterprise Florida, Inc., and its boards shall assist
334	in the expansion of the solar energy industry in this state.
335	Such efforts shall be undertaken in cooperation with the
336	Department of Environmental Protection Community Affairs, the
337	Florida Solar Energy Center, and the Florida Solar Energy
338	Industries Association, and shall include:
339	(a)  Providing assistance and support to new and existing
340	photovoltaic companies, with special emphasis on attracting one
341	or more manufacturers of photovoltaic products to locate within
342	this state.
343	(b)  Sponsoring initiatives which aid and take full
344	advantage of the export market potential of solar technologies.
345	(c)  Informing the business sector of this state about
346	opportunities for cost-effective commercial applications of
347	solar technologies.
348	(d)  Encouraging employment of residents of this state by
349	solar energy companies.
350	(e)  Retaining existing solar energy companies and
351	supporting their expansion efforts in this state.
352	(f)  Supporting the promotion of solar energy by sponsoring
353	workshops, seminars, conferences, and educational programs on
354	the benefits of solar energy.
355	(g)  Recognizing outstanding developments and achievements
356	in, and contributions to, the solar energy industry.
357	(h)  Collecting and disseminating solar energy information
358	relevant to the promotion of solar energy applications.
359	(i)  Enlisting the support of persons, civic groups, the
360	solar energy industry, and other organizations to promote and
361	improve solar energy products and services.
362	(5)  By January 15 of each year, the Department of
363	Environmental Protection Community Affairs shall report to the
364	Governor, the President of the Senate, and the Speaker of the
365	House of Representatives on the impact of the solar energy
366	industry on the economy of this state and shall make any
367	recommendations on initiatives to further promote the solar
368	energy industry as the department deems appropriate.
369	Section 11.  Subsection (2) of section 288.95155, Florida
370	Statutes, is amended to read:
371	288.95155  Florida Small Business Technology Growth
372	Program.--
373	(2)  Enterprise Florida, Inc., shall establish a separate
374	small business technology growth account in the Florida
375	Technology Research Investment Fund for purposes of this
376	section. Moneys in the account shall consist of appropriations
377	by the Legislature, proceeds of any collateral used to secure
378	such assistance, transfers, fees assessed for providing or
379	processing such financial assistance, grants, interest earnings,
380	and earnings on financial assistance, and any moneys transferred
381	to the account by the Department of Community Affairs from the
382	Economic Opportunity Trust Fund for use in qualifying energy
383	projects.
384	Section 12.  Subsection (2) of section 377.602, Florida
385	Statutes, is amended to read:
386	377.602  Definitions.--As used in ss. 377.601-377.608:
387	(2)  "Department" means the Department of Environmental
388	Protection Community Affairs.
389	Section 13.  Section 377.603, Florida Statutes, is amended
390	to read:
391	377.603  Energy data collection; powers and duties of the
392	Department of Environmental Protection Community Affairs.--
393	(1)  The department shall collect data on the extraction,
394	production, importation, exportation, refinement,
395	transportation, transmission, conversion, storage, sale, or
396	reserves of energy resources in this state in an efficient and
397	expeditious manner.
398	(2)  The department shall prepare periodic reports of
399	energy data it collects.
400	(3)  The department shall prescribe and furnish forms for
401	the collection of information as required by ss. 377.601-377.608
402	and shall consult with other state entities to assure that such
403	data collected will meet their data requirements.
404	(4)  The department may adopt and promulgate such rules and
405	regulations as are necessary to carry out the provisions of ss.
406	377.601-377.608.  Such rules shall be pursuant to chapter 120.
407	(5)  The department shall maintain internal validation
408	procedures to assure the accuracy of information received.
409	Section 14.  Subsection (1) of section 377.701, Florida
410	Statutes, is amended to read:
411	377.701  Petroleum allocation.--
412	(1)  The Department of Environmental Protection Community
413	Affairs shall assume the state's role in petroleum allocation
414	and conservation, including the development of a fair and
415	equitable petroleum plan. The department shall constitute the
416	responsible state agency for performing the functions of any
417	federal program delegated to the state, which relates to
418	petroleum supply, demand, and allocation.
419	Section 15.  Subsections (1), (2), and (3) of section
420	377.703, Florida Statutes, are amended to read:
421	377.703  Additional functions of the Department of
422	Environmental Protection Community Affairs; energy emergency
423	contingency plan; federal and state conservation programs.--
424	(1)  LEGISLATIVE INTENT.--Recognizing that energy supply
425	and demand questions have become a major area of concern to the
426	state which must be dealt with by effective and well-coordinated
427	state action, it is the intent of the Legislature to promote the
428	efficient, effective, and economical management of energy
429	problems, centralize energy coordination responsibilities,
430	pinpoint responsibility for conducting energy programs, and
431	ensure the accountability of state agencies for the
432	implementation of s. 377.601(4), the state energy policy.  It is
433	the specific intent of the Legislature that nothing in this act
434	shall in any way change the powers, duties, and responsibilities
435	assigned by the Florida Electrical Power Plant Siting Act, part
436	II of chapter 403, or the powers, duties, and responsibilities
437	of the Florida Public Service Commission.
438	(2)  DEFINITIONS.--
439	(a)  "Coordinate," "coordination," or "coordinating" means
440	the examination and evaluation of state plans and programs and
441	the providing of recommendations to the Cabinet, Legislature,
442	and appropriate state agency on any measures deemed necessary to
443	ensure that such plans and programs are consistent with state
444	energy policy.
445	(b)  "Energy conservation" means increased efficiency in
446	the utilization of energy.
447	(c)  "Energy emergency" means an actual or impending
448	shortage or curtailment of usable, necessary energy resources,
449	such that the maintenance of necessary services, the protection
450	of public health, safety, and welfare, or the maintenance of
451	basic sound economy is imperiled in any geographical section of
452	the state or throughout the entire state.
453	(d)  "Energy source" means electricity, fossil fuels, solar
454	power, wind power, hydroelectric power, nuclear power, or any
455	other resource which has the capacity to do work.
456	(e)  "Facilities" means any building or structure not
457	otherwise exempted by the provisions of this act.
458	(f)  "Fuel" means petroleum, crude oil, petroleum product,
459	coal, natural gas, or any other substance used primarily for its
460	energy content.
461	(g)  "Local government" means any county, municipality,
462	regional planning agency, or other special district or local
463	governmental entity the policies or programs of which may affect
464	the supply or demand, or both, for energy in the state.
465	(h)  "Promotion" or "promote" means to encourage, aid,
466	assist, provide technical and financial assistance, or otherwise
467	seek to plan, develop, and expand.
468	(i)  "Regional planning agency" means those agencies
469	designated as regional planning agencies by the Department of
470	Community Affairs.
471	(j)  "Renewable energy resource" means any method, process,
472	or substance the use of which does not diminish its availability
473	or abundance, including, but not limited to, biomass conversion,
474	geothermal energy, solar energy, wind energy, wood fuels derived
475	from waste, ocean thermal gradient power, hydroelectric power,
476	and fuels derived from agricultural products.
477	(3)  DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY
478	AFFAIRS; DUTIES.--The Department of Environmental Protection
479	Community Affairs shall, in addition to assuming the duties and
480	responsibilities provided by ss. 20.255 20.18 and 377.701,
481	perform the following functions consistent with the development
482	of a state energy policy:
483	(a)  The department shall assume the responsibility for
484	development of an energy emergency contingency plan to respond
485	to serious shortages of primary and secondary energy sources.
486	Upon a finding by the Governor, implementation of any emergency
487	program shall be upon order of the Governor that a particular
488	kind or type of fuel is, or that the occurrence of an event
489	which is reasonably expected within 30 days will make the fuel,
490	in short supply.  The department shall then respond by
491	instituting the appropriate measures of the contingency plan to
492	meet the given emergency or energy shortage.  The Governor may
493	utilize the provisions of s. 252.36(5) to carry out any
494	emergency actions required by a serious shortage of energy
495	sources.
496	(b)  The department shall constitute the responsible state
497	agency for performing or coordinating the functions of any
498	federal energy programs delegated to the state, including energy
499	supply, demand, conservation, or allocation.
500	(c)  The department shall analyze present and proposed
501	federal energy programs and make recommendations regarding those
502	programs to the Governor.
503	(d)  The department shall coordinate efforts to seek
504	federal support or other support for state energy activities,
505	including energy conservation, research, or development, and
506	shall be the state agency responsible for the coordination of
507	multiagency energy conservation programs and plans.
508	(e)  The department shall analyze energy data collected and
509	prepare long-range forecasts of energy supply and demand in
510	coordination with the Florida Public Service Commission, which
511	shall have responsibility for electricity and natural gas
512	forecasts.  To this end, the forecasts shall contain:
513	1.  An analysis of the relationship of state economic
514	growth and development to energy supply and demand, including
515	the constraints to economic growth resulting from energy supply
516	constraints.
517	2.  Plans for the development of renewable energy resources
518	and reduction in dependence on depletable energy resources,
519	particularly oil and natural gas, and an analysis of the extent
520	to which renewable energy sources are being utilized in the
521	state.
522	3.  Consideration of alternative scenarios of statewide
523	energy supply and demand for 5, 10, and 20 years, to identify
524	strategies for long-range action, including identification of
525	potential social, economic, and environmental effects.
526	4.  An assessment of the state's energy resources,
527	including examination of the availability of commercially
528	developable and imported fuels, and an analysis of anticipated
529	effects on the state's environment and social services resulting
530	from energy resource development activities or from energy
531	supply constraints, or both.
532	(f)  The department shall make a report, as requested by
533	the Governor or the Legislature, reflecting its activities and
534	making recommendations of policies for improvement of the
535	state's response to energy supply and demand and its effect on
536	the health, safety, and welfare of the people of Florida. The
537	report shall include a report from the Florida Public Service
538	Commission on electricity and natural gas and information on
539	energy conservation programs conducted and under way in the past
540	year and shall include recommendations for energy conservation
541	programs for the state, including, but not limited to, the
542	following factors:
543	1.  Formulation of specific recommendations for improvement
544	in the efficiency of energy utilization in governmental,
545	residential, commercial, industrial, and transportation sectors.
546	2.  Collection and dissemination of information relating to
547	energy conservation.
548	3.  Development and conduct of educational and training
549	programs relating to energy conservation.
550	4.  An analysis of the ways in which state agencies are
551	seeking to implement s. 377.601(4), the state energy policy, and
552	recommendations for better fulfilling this policy.
553	(g)  The department has authority to adopt rules pursuant
554	to ss. 120.536(1) and 120.54 to implement the provisions of this
555	act.
556	(h)  Promote the development and use of renewable energy
557	resources, in conformance with the provisions of chapter 187 and
558	s. 377.601, by:
559	1.  Establishing goals and strategies for increasing the
560	use of solar energy in this state.
561	2.  Aiding and promoting the commercialization of solar
562	energy technology, in cooperation with the Florida Solar Energy
563	Center, Enterprise Florida, Inc., and any other federal, state,
564	or local governmental agency which may seek to promote research,
565	development, and demonstration of solar energy equipment and
566	technology.
567	3.  Identifying barriers to greater use of solar energy
568	systems in this state, and developing specific recommendations
569	for overcoming identified barriers, with findings and
570	recommendations to be submitted annually in the report to the
571	Legislature required under paragraph (f).
572	4.  In cooperation with the Department of Transportation,
573	the Department of Community Affairs, Enterprise Florida, Inc.,
574	the Florida Solar Energy Center, and the Florida Solar Energy
575	Industries Association, investigating opportunities, pursuant to
576	the National Energy Policy Act of 1992 and the Housing and
577	Community Development Act of 1992, for solar electric vehicles
578	and other solar energy manufacturing, distribution,
579	installation, and financing efforts which will enhance this
580	state's position as the leader in solar energy research,
581	development, and use.
582	5.  Undertaking other initiatives to advance the
583	development and use of renewable energy resources in this state.
584
585	In the exercise of its responsibilities under this paragraph,
586	the department shall seek the assistance of the solar energy
587	industry in this state and other interested parties and is
588	authorized to enter into contracts, retain professional
589	consulting services, and expend funds appropriated by the
590	Legislature for such purposes.
591	(i)  The department shall promote energy conservation in
592	all energy use sectors throughout the state and shall constitute
593	the state agency primarily responsible for this function.  To
594	this end, the department shall coordinate the energy
595	conservation programs of all state agencies and review and
596	comment on the energy conservation programs of all state
597	agencies.
598	(j)  The department shall serve as the state clearinghouse
599	for indexing and gathering all information related to energy
600	programs in state universities, in private universities, in
601	federal, state, and local government agencies, and in private
602	industry and shall prepare and distribute such information in
603	any manner necessary to inform and advise the citizens of the
604	state of such programs and activities.  This shall include
605	developing and maintaining a current index and profile of all
606	research activities, which shall be identified by energy area
607	and may include a summary of the project, the amount and sources
608	of funding, anticipated completion dates, or, in case of
609	completed research, conclusions, recommendations, and
610	applicability to state government and private sector functions.
611	The department shall coordinate, promote, and respond to
612	efforts by all sectors of the economy to seek financial support
613	for energy activities.  The department shall provide information
614	to consumers regarding the anticipated energy-use and energy-
615	saving characteristics of products and services in coordination
616	with any federal, state, or local governmental agencies as may
617	provide such information to consumers.
618	(k)  The department shall coordinate energy-related
619	programs of state government, including, but not limited to, the
620	programs provided in this section. To this end, the department
621	shall:
622	1.  Provide assistance to other state agencies, counties,
623	municipalities, and regional planning agencies to further and
624	promote their energy planning activities.
625	2.  Require, in cooperation with the Department of
626	Management Services, all state agencies to operate state-owned
627	and state-leased buildings in accordance with energy
628	conservation standards as adopted by the Department of
629	Management Services. Every 3 months, the Department of
630	Management Services shall furnish the department data on
631	agencies' energy consumption in a format mutually agreed upon by
632	the two departments.
633	3.  Promote the development and use of renewable energy
634	resources, energy efficiency technologies, and conservation
635	measures.
636	4.  Promote the recovery of energy from wastes, including,
637	but not limited to, the use of waste heat, the use of
638	agricultural products as a source of energy, and recycling of
639	manufactured products. Such promotion shall be conducted in
640	conjunction with, and after consultation with, the Department of
641	Environmental Protection, the Florida Public Service Commission
642	where electrical generation or natural gas is involved, and any
643	other relevant federal, state, or local governmental agency
644	having responsibility for resource recovery programs.
645	(l)  The department shall develop, coordinate, and promote
646	a comprehensive research plan for state programs. Such plan
647	shall be consistent with state energy policy and shall be
648	updated on a biennial basis.
649	(m)  In recognition of the devastation to the economy of
650	this state and the dangers to the health and welfare of
651	residents of this state caused by Hurricane Andrew, and the
652	potential for such impacts caused by other natural disasters,
653	the department shall include in its energy emergency contingency
654	plan and provide to the Department of Community Affairs for
655	inclusion in the state model energy efficiency building code
656	specific provisions to facilitate the use of cost-effective
657	solar energy technologies as emergency remedial and preventive
658	measures for providing electric power, street lighting, and
659	water heating service in the event of electric power outages.
660	Section 16.  Subsection (3) of section 381.7354, Florida
661	Statutes, is amended to read:
662	381.7354  Eligibility.--
663	(3)  In addition to the grants awarded under subsections
664	(1) and (2), up to 20 percent of the funding for the Reducing
665	Racial and Ethnic Health Disparities: Closing the Gap grant
666	program shall be dedicated to projects that address improving
667	racial and ethnic health status within specific Front Porch
668	Florida Communities, as designated pursuant to s. 20.18(6) s.
669	14.2015(9)(b).
670	Section 17.  Section 403.42, Florida Statutes, is amended
671	to read:
672	403.42  Florida Clean Fuel Act.--
673	(1)  SHORT TITLE AND PURPOSE.--
674	(a)  This section may be cited as the "Florida Clean Fuel
675	Act."
676	(b)  The purposes of this act are to establish the Clean
677	Fuel Florida Advisory Board under the Department of
678	Environmental Protection Community Affairs to study the
679	implementation of alternative fuel vehicles and to formulate and
680	provide to the Secretary of Environmental Protection Community
681	Affairs recommendations on expanding the use of alternative fuel
682	vehicles in this state and make funding available for
683	implementation.
684	(2)  DEFINITIONS.--For purposes of this act:
685	(a)  "Alternative fuels" include electricity, biodiesel,
686	natural gas, propane, and any other fuel that may be deemed
687	appropriate in the future by the Department of Environmental
688	Protection Community Affairs with guidance from the Clean Fuel
689	Florida Advisory Board.
690	(b)  "Alternative fuel vehicles" include on-road and off-
691	road transportation vehicles and light-duty, medium-duty, and
692	heavy-duty vehicles that are powered by an alternative fuel or a
693	combination of alternative fuels.
694	(3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
695	MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--
696	(a)  The Clean Fuel Florida Advisory Board is established
697	within the Department of Environmental Protection Community
698	Affairs.
699	(b)1.  The advisory board shall consist of the Secretary of
700	Community Affairs, or a designee from that department, the
701	Secretary of Environmental Protection, or a designee from that
702	department, the Commissioner of Education, or a designee from
703	that department, the Secretary of Transportation, or a designee
704	from that department, the Commissioner of Agriculture, or a
705	designee from the Department of Agriculture and Consumer
706	Services, the Secretary of Management Services, or a designee
707	from that department, and a representative of each of the
708	following, who shall be appointed by the Secretary of
709	Environmental Protection Community Affairs within 30 days after
710	the effective date of this act:
711	a.  The Florida biodiesel industry.
712	b.  The Florida electric utility industry.
713	c.  The Florida natural gas industry.
714	d.  The Florida propane gas industry.
715	e.  An automobile manufacturers' association.
716	f.  A Florida Clean Cities Coalition designated by the
717	United States Department of Energy.
718	g.  Enterprise Florida, Inc.
719	h.  EV Ready Broward.
720	i.  The Florida petroleum industry.
721	j.  The Florida League of Cities.
722	k.  The Florida Association of Counties.
723	l.  Floridians for Better Transportation.
724	m.  A motor vehicle manufacturer.
725	n.  Florida Local Environment Resource Agencies.
726	o.  Project for an Energy Efficient Florida.
727	p.  Florida Transportation Builders Association.
728	2.  The purpose of the advisory board is to serve as a
729	resource for the department and to provide the Governor, the
730	Legislature, and the Secretary of Environmental Protection
731	Community Affairs with private sector and other public agency
732	perspectives on achieving the goal of increasing the use of
733	alternative fuel vehicles in this state.
734	3.  Members shall be appointed to serve terms of 1 year
735	each, with reappointment at the discretion of the Secretary of
736	Environmental Protection Community Affairs. Vacancies shall be
737	filled for the remainder of the unexpired term in the same
738	manner as the original appointment.
739	4.  The board shall annually select a chairperson.
740	5.a.  The board shall meet at least once each quarter or
741	more often at the call of the chairperson or the Secretary of
742	Environmental Protection Community Affairs.
743	b.  Meetings are exempt from the notice requirements of
744	chapter 120, and sufficient notice shall be given to afford
745	interested persons reasonable notice under the circumstances.
746	6.  Members of the board are entitled to travel expenses
747	while engaged in the performance of board duties.
748	7.  The board shall terminate 5 years after the effective
749	date of this act.
750	(c)  The board shall review the performance of the state
751	with reference to alternative fuel vehicle implementation in
752	complying with federal laws and maximizing available federal
753	funding and may:
754	1.  Advise the Governor, Legislature, and the Secretary of
755	Environmental Protection Community Affairs and make
756	recommendations regarding implementation and use of alternative
757	fuel vehicles in this state.
758	2.  Identify potential improvements in this act and the
759	state's alternative fuel policies.
760	3.  Request from all state agencies any information the
761	board determines relevant to board duties.
762	4.  Regularly report to the Secretary of Environmental
763	Protection Community Affairs, the Governor, the President of the
764	Senate, and the Speaker of the House of Representatives
765	regarding the board's findings and recommendations.
766	(d)1.  The advisory board shall, within 120 days after its
767	first meeting, make recommendations to the Department of
768	Environmental Protection Community Affairs for establishing
769	pilot programs in this state that provide experience and support
770	the best use expansion of the alternative fuel vehicle industry
771	in this state. No funds shall be released for a project unless
772	there is at least a 50-percent private or local match.
773	2.  In addition to the pilot programs, the advisory board
774	shall assess federal, state, and local initiatives to identify
775	incentives that encourage successful alternative fuel vehicle
776	programs; obstacles to alternative fuel vehicle use including
777	legislative, regulatory, and economic obstacles; and programs
778	that educate and inform the public about alternative fuel
779	vehicles.
780	3.  The advisory board is charged with determining a
781	reasonable, fair, and equitable way to address current motor
782	fuel taxes as they apply to alternative fuels and at what
783	threshold of market penetration.
784	4.  Based on its findings, the advisory board shall develop
785	recommendations to the Legislature on future alternative fuel
786	vehicle programs and legislative changes that provide the best
787	use of state and other resources to enhance the alternative fuel
788	vehicle market in this state and maximize the return on that
789	investment in terms of job creation, economic development, and
790	emissions reduction.
791	(e)  The advisory board, working with the Department of
792	Environmental Protection Community Affairs, shall develop a
793	budget for the department's approval, and all expenditures shall
794	be approved by the department. At the conclusion of the first
795	year, the department shall conduct an audit of the board and
796	board programs.
797	Section 18.  Subsections (42) and (43) are added to section
798	420.507, Florida Statutes, to read:
799	420.507  Powers of the corporation.--The corporation shall
800	have all the powers necessary or convenient to carry out and
801	effectuate the purposes and provisions of this part, including
802	the following powers which are in addition to all other powers
803	granted by other provisions of this part:
804	(42)  To provide information, assistance, and facilities
805	needed by the Affordable Housing Study Commission.
806	(43)  To develop and administer the Affordable Housing
807	Catalyst Program under s. 420.531.
808	Section 19.  Section 420.531, Florida Statutes, is created
809	to read:
810	420.531  Affordable Housing Catalyst Program.--The
811	corporation shall operate the Affordable Housing Catalyst
812	Program for the purpose of securing the expertise necessary to
813	provide specialized technical support to local governments and
814	community-based organizations to implement the HOME Investment
815	Partnership Program, State Housing Initiatives Partnership
816	Program, and other affordable housing programs. To the maximum
817	extent feasible, the entity to provide the necessary expertise
818	must be recognized by the Internal Revenue Service as a
819	nonprofit tax-exempt organization. It must have as its primary
820	mission the provision of affordable housing training and
821	technical assistance, an ability to provide training and
822	technical assistance statewide, and a proven track record of
823	successfully providing training and technical assistance under
824	the Affordable Housing Catalyst Program. The technical support
825	shall, at a minimum, include training relating to the following
826	key elements of the partnership programs:
827	(1)  Formation of local and regional housing partnerships
828	as a means of bringing together resources to provide affordable
829	housing.
830	(2)  Implementation of regulatory reforms to reduce the
831	risk and cost of developing affordable housing.
832	(3)  Implementation of affordable housing programs included
833	in local government comprehensive plans.
834	(4)  Compliance with requirements of federally funded
835	housing programs.
836	Section 20.  Subsection (8) of section 420.6015, Florida
837	Statutes, is amended to read:
838	420.6015  Legislative findings.--In addition to the
839	findings and declarations in ss. 420.0002, 420.502, 421.02,
840	422.02, and 423.01, which are hereby reaffirmed, the Legislature
841	finds that:
842	(8)  Through the Affordable Housing Catalyst Program and
843	other program and staff resources, The department shall
844	facilitate the mobilization of public and private resources to
845	provide affordable housing through its responsibilities in the
846	areas of housing, comprehensive planning, and community
847	assistance.
848	Section 21.  Subsection (3) of section 420.606, Florida
849	Statutes, is amended to read:
850	420.606  Training and technical assistance program.--
851	(3)  TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The
852	Department of Community Affairs shall be responsible for
853	securing the necessary expertise to provide training and
854	technical assistance to staff of local governments, to staff of
855	state agencies, as appropriate, and to community-based
856	organizations, and to persons forming such organizations, which
857	are formed for the purpose of developing new housing and
858	rehabilitating existing housing which is affordable for very-
859	low-income persons, low-income persons, and moderate-income
860	persons. To the maximum extent feasible, the entity to provide
861	the necessary expertise must be recognized by the Internal
862	Revenue Service as a nonprofit tax-exempt organization. It must
863	have as its primary mission the provision of affordable housing
864	training and technical assistance; an ability to provide
865	training and technical assistance statewide; and a proven track
866	record of successfully providing training and technical
867	assistance under the Affordable Housing Catalyst Program.
868	(a)  The training component of the program shall be
869	designed to build the housing development capacity of community-
870	based organizations and local governments as a permanent
871	resource for the benefit of communities in this state.
872	1.  The scope of training shall include, but not be limited
873	to, real estate development skills related to affordable
874	housing, including the construction process and property
875	management and disposition, the development of public-private
876	partnerships to reduce housing costs, model housing projects,
877	and management and board responsibilities of community-based
878	organizations.
879	2.  Training activities may include, but are not limited
880	to, materials for self-instruction, workshops, seminars,
881	internships, coursework, and special programs developed in
882	conjunction with state universities and community colleges.
883	(b)  The technical assistance component of the program
884	shall be designed to assist applicants for state-administered
885	programs in developing applications and in expediting project
886	implementation.  Technical assistance activities for the staffs
887	of community-based organizations and local governments who are
888	directly involved in the production of affordable housing may
889	include, but are not limited to, workshops for program
890	applicants, onsite visits, guidance in achieving project
891	completion, and a newsletter to community-based organizations
892	and local governments.
893	(c)  The department shall establish a program known as the
894	Affordable Housing Catalyst Program to be responsible for
895	securing the necessary expertise as provided in this section for
896	providing specialized technical support to local governments to
897	implement the HOME Investment Partnership Program, State Housing
898	Initiatives Partnership Program, and other affordable housing
899	programs.  The technical support shall, at a minimum, provide
900	training relating to the following key elements of the
901	partnership programs:
902	1.  The formation of local and regional housing
903	partnerships as a means of bringing together resources to
904	provide affordable housing.
905	2.  The implementation of regulatory reforms to reduce the
906	risk and cost of developing affordable housing.
907	3.  The implementation of affordable housing programs
908	included in local government comprehensive plans.
909	4.  The compliance with requirements of federally funded
910	housing programs.
911	Section 22.  Subsection (3) of section 420.609, Florida
912	Statutes, is amended to read:
913	420.609  Affordable Housing Study Commission.--Because the
914	Legislature firmly supports affordable housing in Florida for
915	all economic classes:
916	(3)  The department and the corporation shall supply such
917	information, assistance, and facilities as are deemed necessary
918	for the commission to carry out its duties under this section
919	and shall provide such staff assistance as is necessary for the
920	performance of required clerical and administrative functions of
921	the commission.
922	Section 23.  Subsection (7) of section 420.631, Florida
923	Statutes, is amended to read:
924	420.631  Definitions relating to Urban Homesteading
925	Act.--As used in ss. 420.630-420.635:
926	(7)  "Office" means the Office of Urban Opportunity within
927	the Department of Community Affairs Office of Tourism, Trade,
928	and Economic Development.
929	Section 24.  Subsection (7) of section 420.9075, Florida
930	Statutes, is amended to read:
931	420.9075  Local housing assistance plans; partnerships.--
932	(7)  Pursuant to s. 420.531 s. 420.606, the corporation
933	shall provide technical assistance to local governments
934	regarding the creation of partnerships, the design of local
935	housing assistance strategies, the implementation of local
936	housing incentive strategies, and the provision of support
937	services.
938	Section 25.  Paragraph (d) of subsection (2) of section
939	624.5105, Florida Statutes, is amended to read:
940	624.5105  Community contribution tax credit; authorization;
941	limitations; eligibility and application requirements;
942	administration; definitions; expiration.--
943	(2)  ELIGIBILITY REQUIREMENTS.--
944	(d)  The project shall be located in an area designated as
945	an enterprise zone or a Front Porch Community pursuant to s.
946	20.18(6) s. 14.2015(9)(b).  Any project designed to construct or
947	rehabilitate housing for low-income or very-low-income
948	households as defined in s. 420.9071(19) and (28) is exempt from
949	the area requirement of this paragraph.
950	Section 26.  This act shall take effect July 1, 2004.

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