Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for SB 1490

218910

CHAMBER ACTION

Senate

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House



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Senator Lynn moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 135 and 136

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insert:

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     Section 3.  Section 288.0656, Florida Statutes, is amended

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to read:

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     288.0656  Rural Economic Development Initiative.--

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     (1)(a) Recognizing that rural communities and regions

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continue to face extraordinary challenges in their efforts to

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achieve significant improvements to their economies, specifically

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in terms of personal income, job creation, average wages, and

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strong tax bases, it is the intent of the Legislature to

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encourage and facilitate the location and expansion in such rural

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communities of major economic development projects of significant

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scale.

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     (b) The Rural Economic Development Initiative, known as

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"REDI," is created within the Office of Tourism, Trade, and

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Economic Development, and the participation of state and regional

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agencies in this initiative is authorized.

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     (2)  As used in this section, the term:

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     (a) "Catalyst project" means a business locating or

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expanding in a rural area of critical economic concern which is

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likely to serve as an economic growth opportunity of regional

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significance for the growth of a regional target industry

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cluster. The project shall provide capital investment of

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significant scale which will affect the entire region and will

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facilitate the development of high-wage and high-skill jobs.

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     (b) "Catalyst site" means a parcel or parcels of land

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within a rural area of critical economic concern that has been

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prioritized by representatives of the jurisdictions within the

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rural area of critical economic concern, reviewed by REDI, and

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approved by the Office of Tourism, Trade, and Economic

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Development for purposes of locating a catalyst project.

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     (c)(a) "Economic distress" means conditions affecting the

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fiscal and economic viability of a rural community, including

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such factors as low per capita income, low per capita taxable

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values, high unemployment, high underemployment, low weekly

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earned wages compared to the state average, low housing values

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compared to the state average, high percentages of the population

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receiving public assistance, high poverty levels compared to the

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state average, and a lack of year-round stable employment

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opportunities.

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     (d) "Rural area of critical economic concern" means a rural

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community, or a region composed of rural communities, designated

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by the Governor, which has been adversely affected by an

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extraordinary economic event, severe or chronic distress, or a

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natural disaster or which presents a unique economic development

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opportunity of regional impact.

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     (e)(b) "Rural community" means:

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     1.  A county with a population of 75,000 or less.

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     2. A county with a population of 120,000 100,000 or less

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that is contiguous to a county with a population of 75,000 or

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less.

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     3.  A municipality within a county described in subparagraph

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1. or subparagraph 2.

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     4.  An unincorporated federal enterprise community or an

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incorporated rural city with a population of 25,000 or less and

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an employment base focused on traditional agricultural or

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resource-based industries, located in a county not defined as

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rural, which has at least three or more of the economic distress

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factors identified in paragraph (a) and verified by the Office of

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Tourism, Trade, and Economic Development.

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For purposes of this paragraph, population shall be determined in

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accordance with the most recent official estimate pursuant to s.

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186.901.

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     (3)  REDI shall be responsible for coordinating and focusing

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the efforts and resources of state and regional agencies on the

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problems which affect the fiscal, economic, and community

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viability of Florida's economically distressed rural communities,

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working with local governments, community-based organizations,

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and private organizations that have an interest in the growth and

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development of these communities to find ways to balance

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environmental and growth management issues with local needs.

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     (4) REDI shall review and evaluate the impact of laws

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statutes and rules on rural communities and shall work to

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minimize any adverse impact and shall undertake outreach and

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capacity-building efforts.

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     (5)  REDI shall facilitate better access to state resources

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by promoting direct access and referrals to appropriate state and

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regional agencies and statewide organizations. REDI may undertake

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outreach, capacity-building, and other advocacy efforts to

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improve conditions in rural communities. These activities may

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include sponsorship of conferences and achievement awards.

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     (6)(a)  By August 1 of each year, the head of each of the

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following agencies and organizations shall designate a high-level

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staff person from within the agency or organization to serve as

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the REDI representative for the agency or organization:

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     1.  The Department of Community Affairs.

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     2.  The Department of Transportation.

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     3.  The Department of Environmental Protection.

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     4.  The Department of Agriculture and Consumer Services.

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     5.  The Department of State.

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     6.  The Department of Health.

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     7.  The Department of Children and Family Services.

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     8.  The Department of Corrections.

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     9.  The Agency for Workforce Innovation.

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     10.  The Department of Education.

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     11.  The Department of Juvenile Justice.

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     12.  The Fish and Wildlife Conservation Commission.

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     13.  Each water management district.

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     14.  Enterprise Florida, Inc.

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     15.  Workforce Florida, Inc.

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     16.  The Florida Commission on Tourism or VISIT Florida.

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     17.  The Florida Regional Planning Council Association.

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     18. The Agency for Health Care Administration Florida State

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Rural Development Council.

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     19.  The Institute of Food and Agricultural Sciences (IFAS).

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An alternate for each designee shall also be chosen, and the

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names of the designees and alternates shall be sent to the

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director of the Office of Tourism, Trade, and Economic

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Development.

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     (b)  Each REDI representative must have comprehensive

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knowledge of his or her agency's functions, both regulatory and

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service in nature, and of the state's economic goals, policies,

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and programs. This person shall be the primary point of contact

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for his or her agency with REDI on issues and projects relating

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to economically distressed rural communities and with regard to

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expediting project review, shall ensure a prompt effective

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response to problems arising with regard to rural issues, and

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shall work closely with the other REDI representatives in the

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identification of opportunities for preferential awards of

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program funds and allowances and waiver of program requirements

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when necessary to encourage and facilitate long-term private

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capital investment and job creation.

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     (c)  The REDI representatives shall work with REDI in the

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review and evaluation of statutes and rules for adverse impact on

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rural communities and the development of alternative proposals to

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mitigate that impact.

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     (d)  Each REDI representative shall be responsible for

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ensuring that each district office or facility of his or her

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agency is informed about the Rural Economic Development

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Initiative and for providing assistance throughout the agency in

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the implementation of REDI activities.

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     (7)(a) REDI may recommend to the Governor up to three rural

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areas of critical economic concern. A rural area of critical

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economic concern must be a rural community, or a region composed

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of such, that has been adversely affected by an extraordinary

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economic event or a natural disaster or that presents a unique

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economic development opportunity of regional impact that will

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create more than 1,000 jobs over a 5-year period. The Governor

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may by executive order designate up to three rural areas of

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critical economic concern which will establish these areas as

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priority assignments for REDI as well as to allow the Governor,

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acting through REDI, to waive criteria, requirements, or similar

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provisions of any economic development incentive. Such incentives

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shall include, but not be limited to: the Qualified Target

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Industry Tax Refund Program under s. 288.106, the Quick Response

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Training Program under s. 288.047, the Quick Response Training

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Program for participants in the welfare transition program under

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s. 288.047(8), transportation projects under s. 288.063, the

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brownfield redevelopment bonus refund under s. 288.107, and the

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rural job tax credit program under ss. 212.098 and 220.1895.

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     (b) Designation as a rural area of critical economic

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concern under this subsection shall be contingent upon the

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execution of a memorandum of agreement among the Office of

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Tourism, Trade, and Economic Development; the governing body of

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the county; and the governing bodies of any municipalities to be

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included within a rural area of critical economic concern. Such

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agreement shall specify the terms and conditions of the

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designation, including, but not limited to, the duties and

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responsibilities of the county and any participating

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municipalities to take actions designed to facilitate the

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retention and expansion of existing businesses in the area, as

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well as the recruitment of new businesses to the area.

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     (c) Each rural area of critical economic concern may

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designate catalyst projects provided that each catalyst project

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is specifically recommended by REDI, identified as a catalyst

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project by Enterprise Florida, Inc., and confirmed as a catalyst

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project by the Office of Tourism, Trade, and Economic

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Development. All state agencies and departments shall use all

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available tools and resources to the extent permissible by law to

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promote the creation and development of each catalyst project and

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the development of catalyst sites.

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     (8) REDI shall assist local governments within rural areas

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of critical economic concern with comprehensive planning needs

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pursuant to s. 163.3184(20) and which implement the provisions of

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this section. Such assistance shall reflect a multidisciplinary

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approach among all agencies and shall include economic

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development and planning objectives.

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     (a) A local government may request assistance in the

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preparation of plan amendments that will stimulate economic

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activity.

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     1. The local government must contact the Office of Tourism,

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Trade, and Economic Development to request assistance.

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     2. REDI representatives shall meet with the local

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government within 15 days after such request to develop the scope

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of assistance that will be provided to assist the development,

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transmittal, and adoption of the proposed comprehensive plan

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amendment.

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     3. As part of the assistance provided, REDI representatives

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shall also identify other needed local and developer actions for

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approval of the project and recommend a timeline for the local

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government and developer which will minimize project delays.

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     (b) In addition, REDI shall solicit requests each year for

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assistance from local governments within a rural area of critical

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economic concern to update the future land use element and other

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associated elements of the local government's comprehensive plan

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to better position the community to respond to economic

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development potential within the county or municipality. REDI

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shall provide direct assistance to such local governments to

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update their comprehensive plans pursuant to this paragraph. At

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least one comprehensive planning technical assistance effort

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shall be selected each year.

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     (c) REDI shall develop and annually update a technical

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assistance manual based upon experiences learned in providing

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direct assistance under this subsection.

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     (9) As further incentive for development of jobs and

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advancement of health care in areas that are both a fiscally

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constrained county pursuant to s. 218.67 and a rural area of

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critical economic concern as designated by the Governor pursuant

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to s. 288.0656, the provisions of Rule 9J-5.006(5), Florida

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Administrative Code, regulating sprawl shall not be applicable to

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a development of regional impact governed by s. 380.06 if such

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development is a multiuse development containing at least three

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distinct uses and such development provides a hospital with a

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minimum of 70 beds, both of which criteria shall be met within 10

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years after receipt of a final development order.

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     (10)(8) REDI shall submit a report to the Governor, the

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President of the Senate, and the Speaker of the House of

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Representatives each year on or before September February 1 on

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all REDI activities for the prior fiscal year. This report shall

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include a status report on all projects currently being

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coordinated through REDI, the number of preferential awards and

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allowances made pursuant to this section, the dollar amount of

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such awards, and the names of the recipients. The report shall

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also include a description of all waivers of program requirements

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granted. The report shall also include information as to the

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economic impact of the projects coordinated by REDI.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 28, after the semicolon,

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insert:

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amending s. 288.0656, F.S.; providing legislative intent;

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revising definitions; providing certain additional review

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and action requirements for REDI relating to rural

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communities; revising representation on REDI; deleting a

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limitation on characterization as a rural area of critical

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economic concern; authorizing rural areas of critical

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economic concern to designate certain catalyst projects

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for certain purposes; providing project requirements;

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requiring the initiative to assist local governments with

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certain comprehensive planning needs; providing procedures

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and requirements for such assistance; revising certain

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reporting requirements for REDI; providing for

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nonapplication of certain administrative rules to certain

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developments of regional impact under certain

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circumstances;

5/2/2008  12:00:00 PM     7-09570-08

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