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A bill to be entitled

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An act relating to the statewide legacy communities

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initiative; providing findings, intent, and definitions;

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establishing the statewide legacy communities initiative;

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providing criteria and declarations concerning the

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initiative; providing criteria governing the services and

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activities to be supported under the initiative; providing

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requirements and goals concerning the provision of such

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services or assistance; creating the Urban Empowerment

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Corporation within the Department of Community Affairs;

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providing criteria concerning the creation, purpose, and

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duties of the corporation; providing that the corporation

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is an instrumentality of the state for purposes of

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sovereign immunity; providing that the corporation is not

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an agency under a specified law; providing that the

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corporation is subject to specified laws concerning open

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records and meetings requirements; exempting the

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corporation from a specified law concerning procurement;

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providing that the corporation is subject to a specified

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law concerning ethical requirements; prohibiting the

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corporation from creating subsidiaries; providing that the

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corporation does not supplant, replace, or direct existing

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operations or other programs; providing for the department

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to approve the corporation's articles of incorporation;

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providing criteria concerning such articles; providing for

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management of the corporation by a board of directors;

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providing criteria for appointment and operation of the

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board of directors; requiring that the board of directors

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develop and implement a plan of action; providing criteria

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concerning the plan of action; requiring that the board of

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directors provide annual reports to the Governor, the

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

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Representatives; requiring that the corporation establish

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a legacy consulting team that meets specified criteria;

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specifying the deliverables that the team is to provide

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for legacy communities; providing criteria for the funding

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of proposals concerning the legacy communities initiative;

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requiring that the corporation issue requests for

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proposals; providing criteria for the issuance of such

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requests; providing criteria for the review and approval

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of proposals; requiring an objective scoring process;

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requiring acceptance by the residents of a legacy

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community; providing requirements for the board of

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directors concerning the revitalization plans of legacy

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communities; designating a pilot legacy community;

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providing objectives concerning the designated community;

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specifying additional communities to be included in the

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initiative; providing criteria concerning the

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revitalization plans of legacy communities; providing an

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appropriation; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Legacy communities; economic development;

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governance; cultural enlightenment; pilot project; additional

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communities; revitalization plans.--

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     (1) LEGISLATIVE FINDINGS.--The Legislature finds that:

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     (a) Many historically and culturally rich communities of

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color throughout this state have contributed significantly to the

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state's cultural and economic development. Some of these

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communities developed through the marine, transportation, and

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agricultural labor of African-Caribbean immigrants whose

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descendants are residents of this state. Each such community has

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a healthy, vibrant, and productive history, replete with

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contributions in entertainment, art, industry, trade, and an

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interactive communal life that attracts families, tourists, and

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commerce.

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     (b) These communities are now often hidden beneath the

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debris of many years of blight and disinvestment. These

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communities have the unique potential to be rediscovered and

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rebuilt through reinvestment creating a cultural magnet-industry

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that will again attract families, tourism, and commerce.

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     (c) Because legacy communities share a similar plight,

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similar assets, similar risks, and similar opportunities, the

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approach to their survival and growth should be the same.

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     (d) A single legacy community cannot generate sufficient

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power to command or leverage resources that are sufficient to

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address its needs and potentialities. But collectively, legacy

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communities can create industries that attract and leverage

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resources on a scale that is large enough to foster the building

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of economic wealth and to fuel self-sufficiency and

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sustainability for future generations. By joining forces, the

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legacy communities and the individuals and businesses of those

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communities can avoid becoming extinct through displacement and

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instead become positioned to revive, prosper, and leave their

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legacy for future generations.

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     (e) Legacy communities are at risk of massive displacement

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due to gentrification. Families are at risk, businesses are at

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risk, and therefore the community is at risk. These communities

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are being discovered and appreciated by new residents and others

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who are willing to invest under current conditions and develop

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the economic potential. The result is escalated land values,

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higher taxes, and numerous rental conversions that make it

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difficult to accommodate persons with low incomes, those living

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on a fixed income, the working poor, and the unemployed. When

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residents with low incomes are displaced, the community's culture

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is also displaced, and there is a change in the community's

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character, a loss of place, and an erosion of the community's

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stability and economic foundations. Civic and sacred places are

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abandoned. Businesses shrink into oblivion. Educational

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institutions change drastically as the population shifts.

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Eventually culture, race, and social status are lost to the new

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community and the history of the place becomes a forgotten

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memory. In the process families are devastated.

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     (f) Gentrifying communities have a unique opportunity to

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capture the benefits of change and revitalization efforts without

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unnecessary and unwanted displacement of a community's residents.

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Because change is introduced and development is imminent,

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communities that have been devastated can become renewed for

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existing residents and for those new residents who are willing to

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become a contributing part of the community. New residents can

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become a healthy part of a gentrifying community if their

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participation does not result in displacement and if the existing

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residents, culture, and assets are valued, respected, and

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empowered. The opportunity is to rebuild the community as a mixed

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income, diverse, and culturally sound place to live, work, and

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play in which the historical character, culture, populace, and

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assets of the community are recognized as foundational and

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irreplaceable. In such communities, everyone benefits from the

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improvements and everyone participates.

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     (2) LEGISLATIVE INTENT.--Through this act, the Legislature

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intends to:

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     (a) Create a statewide initiative by which the projects and

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activities of individuals, community organizations, and

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businesses in a legacy community implement the legacy-community

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strategies as planned. The statewide approach, to be known as the

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Legacy Communities Initiative, shall provide the linkages so that

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each legacy community is able to market appropriately, share and

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leverage resources, and reinforce common interests and projects.

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     (b) Enable sustainable funding for the initiative for a

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period of 10 years in order to help ensure that the initiative's

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activities and strategies are not short-circuited by a lack of

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funding.

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     (c) Broadly ensure support and accountability and help

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minimize the locally felt challenges that have traditionally

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hindered legacy communities in their respective rebuilding

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efforts.

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     (d) Foster opportunities for participating legacy

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communities to share information and expertise, collectively use

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best practices, and benefit from networking with similar

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communities.

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     (e) Initiate creative financial benefits so that many

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legacy communities may be served by common resources and shared

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expertise. Using collective purchasing, the revenue of legacy

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communities will increase, creating employment that, with

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increased tourism, will help to sustain the communities'

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economies.

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     (f) Conserve revered historical places and cultural

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legacies, recognizing that legacy communities are unique

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benefactors contributing to the proud and rich heritage of the

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state and nation.

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     (3) DEFINITIONS.--As used in this act, the term:

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     (a) "Corporation" means the Urban Empowerment Corporation.

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     (b) "Department" means the Department of Community Affairs.

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     (c) "Legacy community" means a historic and culturally

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distinct community established in an area of this state,

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developed by capturing and cultivating the people's cultures,

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skills, beliefs, interests, and values.

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     (d) "Pilot legacy community" means the legacy community

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designated to initiate the legacy communities initiative plan to

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develop, implement, and establish a model for subsequent legacy

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communities to follow.

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     (e) "Revitalization plan" means a written document,

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developed through stakeholder interaction, which presents a

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snapshot of a community's priorities, needs, people, places,

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character, and story; sets forth a strategy to address and

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resolve established needs and problems; and describes how the

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community will preserve, protect, build, and sustain its people

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and places, its past and its future.

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     (4) STATEWIDE LEGACY COMMUNITIES INITIATIVE.--There is

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established the Statewide Legacy Communities Initiative.

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     (a) The statewide initiative is established to support and

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fund projects and activities undertaken by individuals, community

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organizations, and businesses in legacy communities implementing

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the legacy community strategy. The statewide initiative shall

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provide the linkages that each community needs to be able to

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market appropriately, share and leverage resources, and reinforce

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common interests and projects.

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     (b) The statewide initiative shall provide support and

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accountability and help to minimize locally felt challenges that

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have traditionally hindered legacy communities in their

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respective rebuilding efforts. The statewide initiative shall

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also serve to standardize the processes and participatory

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requirements, thereby leveling the opportunities for all

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communities involved.

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     (c) The statewide initiative shall provide for sustainable

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funding for a period of years as earmarked in state

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appropriations, which shall ensure that the activities and

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strategies of the legacy communities initiative will not stop due

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to a lack of resources.

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     (d) The statewide initiative shall foster opportunities for

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participating communities to share information and expertise,

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collectively use best practices, and benefit from networking with

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similar communities. The Legislature expects that the many

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participating communities will be served by common resources and

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shared expertise, will share in collective purchasing, and will

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help sustain their economies by increased tourism, revenues, and

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employment. The collective power of revitalized communities and

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reinstated industry can reverse the effects of years of

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disinvestment.

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     (5) STATEWIDE LEGACY COMMUNITIES INITIATIVE SUPPORTED

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SERVICES.--Funding for the statewide legacy community initiative

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shall support certain designated services and activities for

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legacy communities. The scope of such services and activities

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includes:

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     (a) Creating community land trusts. The objective of each

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community land trust is to ensure that the community property

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remains under the jurisdiction of the community and to preserve

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the property for generations in the future. The initiative's land

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trust specialists shall provide technical assistance to any

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existing community land trust in a legacy community or help to

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develop a new community land trust based on the core values of

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the legacy community initiative.

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     (b) Training, organizing, and supporting faith-based and

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partner community organizations in fostering a system of

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communication, community education, advocacy, leadership, and

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family support in each legacy community. The objective is to

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increase the capacity of faith-based groups to work with

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community-based organizations, resident groups, and resource

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partners in order to achieve the community's goals. Consultants

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may aid faith-based and community organizations in accessing

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resources and building cooperation among residents, businesses,

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and youth toward building together and protecting their assets,

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culture, families, land, and legacy.

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     (c) Promoting youth initiatives that help reintroduce

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traditional values and behavioral mores to the community's youth.

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The statewide legacy community initiative shall support programs

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to help youth to improve academically, personally, and socially,

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at home with the family and in the community. Activities provided

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under this strategy shall foster skill development and

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opportunities to be constructively involved in community building

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and career development. The legacy consulting team shall help the

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new legacy community to access or enhance programs that mentor,

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train, and help youths build their community and develop

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marketable skills that are transferable between communities, help

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youth become employed in the larger society, and provide youth

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with investment education, budget and financial counseling,

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leadership, community building, and home-building training.

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     (d) Preserving the culture of gentrifying communities. The

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statewide legacy community initiative shall support legacy

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consultants in assisting each legacy community to develop and

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market cultural programs, festivals, story-telling, and

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educational activities and other activities that preserve and

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promote the culture of the community and its people. Technical

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assistance shall be provided to help the legacy community

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identify its own cultural industry where the existing residents

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and businesses build on the strength of what they have

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traditionally had in their hands, their homes, and their hearts.

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The legacy community shall be coached to market natural assets to

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create trade built on their culture, traditions, and talents.

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     (e) Providing economic development and wealth-building

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resource programs and activities. The programs shall be designed

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to help the community develop and access nontraditional economic

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resources and funds. These programs shall involve economic

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sources other than the government or private foundations to

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provide self-sustaining and self-generating methods to build

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wealth and support for the community and put people to work in

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meaningful ways that keep assets and resources in the

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communities, shared by families, and sustainable through future

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generations.

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     (f) Involving community residents in the design and

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development of their own communities. Using professionals, the

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legacy consulting team shall engage the community in design

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workshops to build community consensus and participation in

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planning and community design, and introduce the community to

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tools such as community-sponsored ordinances, rezoning, special

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districts, and other neighborhood conservation processes.

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     (g) Integrating community builders with other contractors

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to develop a team of local community builders who can continue to

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carry out the activities and provide leadership in the community

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to sustain its efforts. The technical assistance team shall coach

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the community and its nonprofit organizations to develop the

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programs, fund the efforts, and engage the community in its own

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revitalization.

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     (h) Providing each legacy community with technical

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assistance support to identity eligible property, prepare

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acquisition applications, and physically redesign local

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properties to reflect the culture of the community and promote

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mixed-use and mixed-income development through resident ownership

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mechanisms. Each legacy community shall receive technical

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assistance in addressing current and future environmental issues

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in their communities and in incorporating environmental planning

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solutions in the design and physical revitalization of their

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communities.

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     (i) Developing and implementing a marketing strategy that

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links legacy communities with their cottage industries through a

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continuous cultural corridor. The strategy shall engage support

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and promotion by African and Caribbean-American icons and

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companies willing to underwrite portions of the campaign.

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     (j) Advocating leadership and empowerment efforts. Such

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efforts shall, through screening, selection, and support of

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community representatives who are knowledgeable about community

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concerns and responsive to the resident's needs, be proactive in

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creating opportunities for families in the community. The legacy

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consulting team shall educate the community through small group

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discussions and family-based dialogue on the importance and

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process of participating in civic activities.

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     (k) Reclaiming underemployed men and bringing them back

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into wholeness and leadership in the legacy community and in

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their families. This is an imperative that the statewide legacy

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community initiative shall address. A principal goal of the

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statewide legacy community initiative is for all legacy

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communities to focus on the reversal of crime and substance

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abuse, emphasizing intervention and diversion from crime. Each

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local legacy community shall place a strong emphasis on

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supporting black men who are displaced from the home and

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disproportionately represented in institutions. The statewide

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legacy community initiative shall support local legacy

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communities in developing a variety of strategies to help prevent

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youth from becoming involved in gangs, crime, and substance

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abuse. The statewide legacy community initiative shall also

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support efforts to strengthen families and build healthy

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marriages, emphasizing rites-of-passage activities, constructive

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counseling, and mentoring programs. Male role models shall be

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actively recruited from fraternities, faith-based groups, black

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civic organizations, elders, trade groups, male celebrities, and

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neighborhood male activists. The legacy consulting team shall

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work with existing organizations and assist them in accessing

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resources and links to other similar programs to maximize their

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efforts in this area.

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     (l) Empowering women, the seniors, and families to work

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with existing organizations and assisting them in accessing

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resources and links to other similar programs. Legacy community

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consultants shall work with nonprofit organizations to help women

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cope with the issues that most affect them and their children,

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including, but not limited to, domestic violence, economic

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development, women's health care, child-rearing, and support for

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single mothers.

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     (m) Fostering traditional cultural values. The statewide

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legacy community initiative shall train families to implement

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historically known spiritual principles and principles of Kwanzaa

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every day and to remember the values taught by the ancestors that

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spiritually guide and keep people healthy, cohesive, wise, and

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compassionate. Consultants shall work with existing organizations

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and assist them in accessing resources that link them with

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proponents of community culture and traditions to help re-teach

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these values and to help incorporate them into the daily behavior

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and traditions of the legacy community.

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     (6) STATEWIDE LEGACY COMMUNITIES INITIATIVE; URBAN

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EMPOWERMENT CORPORATION; ORGANIZATION.--

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     (a) There is created within the Department of Community

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Affairs the Urban Empowerment Corporation.

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     (b) The corporation shall be a not-for-profit corporation

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registered, incorporated, and operated in accordance with chapter

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617, Florida Statutes.

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     (c) The corporation shall serve as the coordinating

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organization for the development and implementation of the

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Statewide Legacy Community Initiative. The purpose of the

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corporation is to assist in carrying out the duties and

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responsibilities set forth in this section. The corporation shall

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operate to fulfill its purpose and in the best interests of the

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state. The corporation:

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     1. Shall be a corporation primarily acting as an

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instrumentality of the state pursuant to s. 768.28(2), Florida

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Statutes, for the purposes of sovereign immunity;

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     2. Is not an agency within the meaning of s. 20.03(11),

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Florida Statutes;

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     3. Is subject to the open records and meetings requirements

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of s. 24, Art. I of the State Constitution, chapter 119, Florida

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Statutes, and s. 286.011, Florida Statutes;

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     4. Is not subject to the provisions of chapter 287, Florida

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Statutes;

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     5. Is governed by the code of ethics for public officers

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and employees as set forth in part III of chapter 112, Florida

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Statutes;

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     6. Is not authorized to create corporate subsidiaries; and

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     7. Does not supplant, replace, or direct existing

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operations or other programs.

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     (d) The articles of incorporation of the corporation must

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be approved in a written agreement with the Department of

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Community Affairs. The articles of incorporation must:

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     1. Provide that the corporation shall provide equal

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employment opportunities for all persons regardless of race,

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color, religion, gender, national origin, age, handicap, or

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marital status;

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     2. Provide that the corporation is subject to the public-

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records and public-meetings requirements of s. 24, Art. I of the

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State Constitution;

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     3. Provide that all officers, directors, and employees of

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the institute shall be governed by the code of ethics for public

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officers and employees as set forth in part III of chapter 112,

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Florida Statutes;

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     4. Provide that members of the board of directors of the

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corporation are responsible for the prudent use of all public and

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private funds and that they will ensure that the use of funds is

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in accordance with all applicable laws, bylaws, and contractual

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requirements; and

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     5. Provide that the fiscal year of the corporation is from

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July 1 through June 30.

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     (e) The affairs of the corporation shall be managed by a

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board of directors who shall serve without compensation. Each

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director shall have one vote. The chair of the board of directors

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shall be selected by a majority vote of the directors, a quorum

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being present. The board of directors shall consist of five

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members appointed by the Governor. The Governor shall appoint the

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members no later than September 1, 2008.

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     (f) The board of directors shall provide a copy of the

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corporation's annual report to the Governor, the President of the

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Senate, the Speaker of the House of Representatives, and the

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Secretary of Community Affairs.

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     (g) The corporation shall develop and implement a plan of

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action that includes the following activities:

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     1. Facilitate meetings between prospective investors and

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eligible organizations in the corporation;

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     2. Hire full-time staff, including an executive director,

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who understand relevant community development issues needed to

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assure that appropriate services are provided to each legacy

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community participating in this initiative and who can market

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legacy communities to investors who respect the community's

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efforts to preserve its heritage; and

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     3. Develop cooperative relationships with publicly

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supported organizations, private corporations, and private

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foundations that shall work together to provide resources or

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special knowledge helpful to the legacy community's economic and

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social growth.

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     (h) By December 1 of each year, the corporation shall issue

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an annual report concerning its activities to the Governor, the

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

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Representatives. The report shall include:

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     1. An assessment of compliance with its plan of action and

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information on any assistance and activities provided by the

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corporation to assist legacy communities.

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     2. A description of the benefits, economic and social, to

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this state resulting from the corporation's work.

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     3. Independently audited financial statements, including

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statements that show receipts and expenditures during the

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preceding fiscal year for personnel, administration, and

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operational costs of the corporation.

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     (i)1. The corporation shall establish a legacy consulting

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team to ensure that appropriate resources, services, and programs

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are provided to each legacy community participating in the

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statewide legacy community initiative.

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     2. The corporation shall consist of experts who shall help

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legacy communities develop a revitalization plan to bring

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together residents, property owners, and business persons to plan

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for a long-term investment in the legacy community. The legacy

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consulting team shall work to identify community needs, develop

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specific strategies for revitalization in each respective legacy

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community, and engage resources to meet the needs. The legacy

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consulting team shall provide deliverables for each legacy

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community which include:

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     a. Assessment of needs and capacity.

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     b. Consultation and advisement.

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     c. Community and board education.

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     d. Community builders training.

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     e. Development or enhancement of existing programs and

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services that embrace the legacy community initiative strategies.

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     f. Resource development.

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     g. Revitalization plan assistance.

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     h. Establishment of linkages within the legacy communities

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network.

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     i. Establishment of linkages to resources and potential

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partners outside the legacy communities network.

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     j. Liaison and interface with the Legislature.

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     k. Expertise and technical assistance in the funding

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application and awards process.

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     l. Troubleshooting, mediation, and facilitation of local

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processes.

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     m. Promotion of legacy communities and the initiative.

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     n. Assistance with evaluation and corrective actions.

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     (7) STATEWIDE LEGACY COMMUNITIES INITIATIVE; APPLICATIONS;

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REVIEW; FUNDING.--

463

     (a) The corporation shall issue requests for proposals to

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fulfill the purposes of the statewide legacy community initiative

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as described in this section. The corporation shall review the

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proposals in a committee appointed by its board of directors,

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which shall make a recommendation for final selection based on an

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objective scoring process with published criteria developed by

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the board of directors of the corporation before issuance of the

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request for proposals. A proposal may be approved in three

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phases: prestartup and development, implementation, and

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sustainability and replication. Final approval of the selected

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proposal must be by the board of directors of the corporation and

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consistent with the published criteria it developed before

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issuing the request for proposals.

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     (b)1. In order to be eligible for assistance, a proposed

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legacy community seeking to implement the statewide legacy

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community initiative must demonstrate acceptance of the

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initiative by the community's residents.

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     2. The corporation shall review the revitalization plan of

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each legacy community. For those communities accepted into the

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initiative, the corporation shall mentor the legacy community,

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develop marketing information on the community, and use its local

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resources to attract capital investment, government grants, and

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foundation assistance.

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     (8) DESIGNATING PILOT LEGACY COMMUNITY.--That portion of

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Miami-Dade county known as Coconut Grove is designated as the

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initial statewide pilot legacy community.

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     (a) Coconut Grove is the epicenter for promoting Caribbean

490

culture in this state. The Coconut Grove area celebrates the

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contributions of Caribbean immigrant populations from Key West to

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Tallahassee. The legacy communities initiative shall identify and

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empower the immigrant Caribbean communities. In Miami-Dade

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county, Coconut Grove was the first such settlement for these

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populations, the largest of which were Bahamians. It is

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historically and culturally the first Caribbean community in

497

Florida, and its recent increasing diversity adds to the richness

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of this community as a Caribbean Epicenter.

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     (b) In Coconut Grove, the objectives are to:

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     1. Preserve the Bahamian-Island culture and character in

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the businesses, community places and events, daily life, and the

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built environment;

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     2. Promote and support the Island District Merchant's

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Association and wealth-building strategies;

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     3. Support home ownership and protect residents from

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displacement;

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     4. Protect and support community-based organizations and

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strategies that assist families, youth, elders, and individuals;

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and

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     5. Facilitate cohesiveness, effective advocacy, and

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community involvement in the revitalization process.

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     (9) SPECIFYING ADDITIONAL COMMUNITIES.--Additional

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communities that shall be included in the Legacy Communities

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Statewide Initiative along with the pilot project in Coconut

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Grove include Brownsville, Little Haiti, Liberty City, Overtown,

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Lemon City, Opa Locka, Carol City, Cooper City, South Miami, Key

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West, Bahama Village, Del Ray, West Palm Beach, Belle Glade,

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Riviera Beach, Pleasant City, Eatonville, Orlando, Port St. Joe,

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and Jacksonville.

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     (10) REVITALIZATION PLANS OF LEGACY COMMUNITIES.--Each

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legacy community's revitalization plan must:

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     (a) Set out assumptions and objectives and serve as the

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framework for the revitalization of the community.

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     (b) Be usable as a communication and marketing tool.

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     (c) Be formulated by a diverse team of professionals and

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stakeholders to address the many different complex issues facing

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the Coconut Grove pilot project and other legacy communities.

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     (d) Describe the legacy community's history.

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     (e) Set forth statistics and current conditions on family

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status, income, jobs, and employment opportunities in the

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community, current zoning issues, public transportation,

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conditions in local education, social services, housing, economic

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development, community cohesion, the culture of the community,

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environmental justice issues, visual themes in the community,

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historical and preservation issues, community involvement, key

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community interest areas, community relations challenges, and the

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community's social and economic history, culture, collective

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character, current composition, and community assets.

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     (f) Describe the process for community involvement which

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provides a forum for residents to become informed about civic

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affairs and actively involved in making decisions that ultimately

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affect their community, and define ways in which the process must

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be improved or changed to make members of the community equal

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partners in the dialog concerning revitalization projects in

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their neighborhoods.

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     (g) Be developed in response to needs of the community as

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indicated by empirical data, surveys, focus group feedback,

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economic indicators, prior studies, community input, historical

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background, community asset mapping, stakeholder input, resource

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partnership input, and demographical profiles.

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     (h) Define strategies concerning the services and

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activities described in subsection (5) and identify standards for

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effective delivery of such services and activities.

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     (i) Be reviewed and receive comment from each identified

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stakeholder.

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     (j) Set forth the community's needs and opportunities, the

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need for revitalization and its importance to the community,

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partnerships, resources and assets, goals for revitalization,

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proposed projects and activities, the process and essential

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strategies for addressing needs, timeframes and benchmarks for

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various phases of developing the local legacy community,

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committed or potential resources, budget projections, benefits

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and returns on investments, deliverables, local recommendations,

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an evaluation process, anticipated outcomes and results, and

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proof of sustainability.

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     Section 2. The sum of $__________ is appropriated from the

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General Revenue Fund to the Department of Community Affairs for

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the purpose of paying salaries and other administrative expenses

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necessary to carry out the provisions of this act relating to the

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statewide legacy community initiative during the 2008-2009 fiscal

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year.

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     Section 3.  This act shall take effect July 1, 2008.