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Senator Fasano moved the following amendment:

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     Senate Amendment (title amendment)

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     Between line(s) 1649-1650

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insert:

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Section 12.  Subsection (5) of section 220.191, Florida

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Statutes, is amended to read:

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     220.191  Capital investment tax credit.--

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     (5) Applications shall be reviewed and certified pursuant

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to s. 288.061. The office, upon a recommendation by Enterprise

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Florida, Inc., shall first certify a business as eligible to

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receive tax credits pursuant to this section prior to the

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commencement of operations of a qualifying project, and such

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certification shall be transmitted to the Department of Revenue.

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Upon receipt of the certification, the Department of Revenue

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shall enter into a written agreement with the qualifying business

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specifying, at a minimum, the method by which income generated by

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or arising out of the qualifying project will be determined.

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Section 13.  Subsection (2) of section 288.065, Florida

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Statutes, is amended to read:

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     288.065  Rural Community Development Revolving Loan Fund.--

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     (2)  The program shall provide for long-term loans, loan

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guarantees, and loan loss reserves to units of local governments,

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or economic development organizations substantially underwritten

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by a unit of local government, within counties with populations

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of 75,000 or less, or any county that has a population of 120,000

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100,000 or less and is contiguous to a county with a population

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of 75,000 or less, as determined by the most recent official

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estimate pursuant to s. 186.901, residing in incorporated and

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unincorporated areas of the county, or to units of local

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government, or economic development organizations substantially

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underwritten by a unit of local government, within a rural area

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of critical economic concern. Requests for loans shall be made by

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application to the Office of Tourism, Trade, and Economic

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Development. Loans shall be made pursuant to agreements

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specifying the terms and conditions agreed to between the

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applicant and the Office of Tourism, Trade, and Economic

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Development. The loans shall be the legal obligations of the

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applicant. All repayments of principal and interest shall be

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returned to the loan fund and made available for loans to other

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applicants. However, in a rural area of critical economic concern

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designated by the Governor, and upon approval by the Office of

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Tourism, Trade, and Economic Development, repayments of principal

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and interest may be retained by the applicant if such repayments

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are dedicated and matched to fund regionally based economic

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development organizations representing the rural area of critical

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economic concern.

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     Section 14.  Paragraphs (b) and (e) of subsection (2) and

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subsection (3) of section 288.0655, Florida Statutes, are amended

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to read:

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     288.0655  Rural Infrastructure Fund.--

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     (2)

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     (b)  To facilitate access of rural communities and rural

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areas of critical economic concern as defined by the Rural

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Economic Development Initiative to infrastructure funding

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programs of the Federal Government, such as those offered by the

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United States Department of Agriculture and the United States

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Department of Commerce, and state programs, including those

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offered by Rural Economic Development Initiative agencies, and to

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facilitate local government or private infrastructure funding

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efforts, the office may award grants for up to 30 percent of the

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total infrastructure project cost. If an application for funding

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is for a catalyst site, as defined in s. 288.0656, the office may

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award grants for up to 40 percent of the total infrastructure

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project cost. Eligible projects must be related to specific job-

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creation or job-retention opportunities. Eligible projects may

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also include improving any inadequate infrastructure that has

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resulted in regulatory action that prohibits economic or

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community growth or reducing the costs to community users of

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proposed infrastructure improvements that exceed such costs in

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comparable communities. Eligible uses of funds shall include

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improvements to public infrastructure for industrial or

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commercial sites and upgrades to or development of public tourism

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infrastructure. Authorized infrastructure may include the

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following public or public-private partnership facilities: storm

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water systems; telecommunications facilities; broadband; roads or

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other remedies to transportation impediments; nature-based

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tourism facilities; or other physical requirements necessary to

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facilitate tourism, trade, and economic development activities in

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the community. Authorized infrastructure may also include

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publicly or privately owned self-powered nature-based tourism

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facilities; telecommunications; broadband; and additions to the

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distribution facilities of the existing natural gas utility as

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defined in s. 366.04(3)(c), the existing electric utility as

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defined in s. 366.02, or the existing water or wastewater utility

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as defined in s. 367.021(12), or any other existing water or

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wastewater facility, which owns a gas or electric distribution

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system or a water or wastewater system in this state where:

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     1.  A contribution-in-aid of construction is required to

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serve public or public-private partnership facilities under the

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tariffs of any natural gas, electric, water, or wastewater

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utility as defined herein; and

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     2.  Such utilities as defined herein are willing and able to

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provide such service.

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     (e)  To enable local governments to access the resources

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available pursuant to s. 403.973(19), the office may award grants

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for surveys, feasibility studies, and other activities related to

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the identification and preclearance review of land which is

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suitable for preclearance review. Authorized grants under this

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paragraph shall not exceed $75,000 each, except in the case of a

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project in a rural area of critical economic concern, in which

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case the grant shall not exceed $300,000. Any funds awarded under

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this paragraph must be matched at a level of 50 percent with

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local funds, except that any funds awarded for a project in a

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rural area of critical economic concern must be matched at a

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level of 33 percent with local funds. If an application for

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funding is for a catalyst site, as defined in s. 288.0656, the

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requirement for local match may be waived. In evaluating

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applications under this paragraph, the office shall consider the

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extent to which the application seeks to minimize administrative

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and consultant expenses.

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     (3)  The office, in consultation with Enterprise Florida,

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Inc., VISIT Florida, the Department of Environmental Protection,

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and the Florida Fish and Wildlife Conservation Commission, as

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appropriate, shall review and certify applications pursuant to s.

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288.061. The review shall include an evaluation of and evaluate

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the economic benefit of the projects and their long-term

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viability. The office shall have final approval for any grant

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under this section and must make a grant decision within 30 days

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of receiving a completed application.

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     Section 15.  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 that will

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serve as an economic growth opportunity of regional significance

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for the growth of a regional target industry cluster. The project

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will provide capital investment of significant scale which will

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affect the entire region and the development of high-wage and

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high-skill jobs.

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(b) "Catalyst site" means a parcel or parcel of lands

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within a rural area of critical economic concern that has been

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prioritized as a geographic site for economic development through

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partnerships with state, regional, and local organizations. The

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site must be reviewed by REDI, and approved by the Office of

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Tourism, Trade, and Economic Development for purposes of locating

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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, that 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 that 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 statutes

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and rules on rural communities and shall work to minimize any

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adverse impact and undertake outreach and capacity building

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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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with efforts that further the provisions of this section. Such

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assistance shall reflect a multidisciplinary approach among all

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agencies and shall include economic development and planning

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objectives.

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     (a) A local government may request assistance in the

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preparation of comprehensive plan amendments, pursuant to part II

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of chapter 163, that will stimulate economic 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 that 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)(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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     Section 16.  Subsection (1) of section 288.0657, Florida

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Statutes, is amended to read:

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     288.0657  Florida rural economic development strategy

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grants.--

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     (1)  As used in this section, the term "rural community"

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means:

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

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     (b) 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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     (c)  A municipality within a county described in paragraph

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(a) or paragraph (b).

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For purposes of this subsection, population shall be determined

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in accordance with the most recent official estimate pursuant to

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s. 186.901.

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Section 17. In order to carry out the additional rural

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economic development responsibilities in this act, one full-time

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equivalent position and the recurring sum of $60,000 for

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associated salaries and benefits is appropriated from the General

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Revenue Fund to the Office of Tourism, Trade, and Economic

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Development.

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     Section 18.  Subsection (2) of section 257.193, Florida

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Statutes, is amended to read:

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     257.193  Community Libraries in Caring Program.--

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     (2)  The purpose of the Community Libraries in Caring

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Program is to assist libraries in rural communities, as defined

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in s. 288.0656(2)(b) and subject to the provisions of s.

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288.06561, to strengthen their collections and services, improve

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literacy in their communities, and improve the economic viability

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of their communities.

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     Section 19.  Section 288.019, Florida Statutes, is amended

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to read:

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     288.019  Rural considerations in grant review and evaluation

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processes.--Notwithstanding any other law, and to the fullest

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extent possible, the member agencies and organizations of the

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Rural Economic Development Initiative (REDI) as defined in s.

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288.0656(6)(a) shall review all grant and loan application

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evaluation criteria to ensure the fullest access for rural

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counties as defined in s. 288.0656(2)(b) to resources available

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throughout the state.

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     (1)  Each REDI agency and organization shall review all

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evaluation and scoring procedures and develop modifications to

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those procedures which minimize the impact of a project within a

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rural area.

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     (2)  Evaluation criteria and scoring procedures must provide

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for an appropriate ranking based on the proportionate impact that

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projects have on a rural area when compared with similar project

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impacts on an urban area.

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     (3)  Evaluation criteria and scoring procedures must

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recognize the disparity of available fiscal resources for an

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equal level of financial support from an urban county and a rural

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county.

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     (a)  The evaluation criteria should weight contribution in

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proportion to the amount of funding available at the local level.

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     (b)  In-kind match should be allowed and applied as

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financial match when a county is experiencing financial distress

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through elevated unemployment at a rate in excess of the state's

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average by 5 percentage points or because of the loss of its ad

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valorem base.

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     (4)  For existing programs, the modified evaluation criteria

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and scoring procedure must be delivered to the Office of Tourism,

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Trade, and Economic Development for distribution to the REDI

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agencies and organizations. The REDI agencies and organizations

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shall review and make comments. Future rules, programs,

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evaluation criteria, and scoring processes must be brought before

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a REDI meeting for review, discussion, and recommendation to

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allow rural counties fuller access to the state's resources.

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     Section 20.  Section 288.06561, Florida Statutes, is amended

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to read:

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     288.06561  Reduction or waiver of financial match

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requirements.--Notwithstanding any other law, the member agencies

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and organizations of the Rural Economic Development Initiative

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(REDI), as defined in s. 288.0656(6)(a), shall review the

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financial match requirements for projects in rural areas as

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defined in s. 288.0656(2)(b).

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     (1)  Each agency and organization shall develop a proposal

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to waive or reduce the match requirement for rural areas.

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     (2)  Agencies and organizations shall ensure that all

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proposals are submitted to the Office of Tourism, Trade, and

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Economic Development for review by the REDI agencies.

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     (3)  These proposals shall be delivered to the Office of

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Tourism, Trade, and Economic Development for distribution to the

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REDI agencies and organizations. A meeting of REDI agencies and

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organizations must be called within 30 days after receipt of such

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proposals for REDI comment and recommendations on each proposal.

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     (4)  Waivers and reductions must be requested by the county

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or community, and such county or community must have three or

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more of the factors identified in s. 288.0656(2)(a).

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     (5)  Any other funds available to the project may be used

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for financial match of federal programs when there is fiscal

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hardship, and the match requirements may not be waived or

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reduced.

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     (6)  When match requirements are not reduced or eliminated,

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donations of land, though usually not recognized as an in-kind

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match, may be permitted.

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     (7)  To the fullest extent possible, agencies and

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organizations shall expedite the rule adoption and amendment

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process if necessary to incorporate the reduction in match by

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rural areas in fiscal distress.

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     (8)  REDI shall include in its annual report an evaluation

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on the status of changes to rules, number of awards made with

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waivers, and recommendations for future changes.

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     Section 22.  Paragraph (d) of subsection (15) of section

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627.6699, Florida Statutes, is amended to read:

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     627.6699  Employee Health Care Access Act.--

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     (15)  SMALL EMPLOYERS ACCESS PROGRAM.--

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     (d)  Eligibility.--

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     1.  Any small employer that is actively engaged in business,

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has its principal place of business in this state, employs up to

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25 eligible employees on business days during the preceding

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calendar year, employs at least 2 employees on the first day of

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the plan year, and has had no prior coverage for the last 6

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months may participate.

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     2.  Any municipality, county, school district, or hospital

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employer located in a rural community as defined in s.

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288.0656(2)(b) may participate.

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     3.  Nursing home employers may participate.

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     4.  Each dependent of a person eligible for coverage is also

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eligible to participate.

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Any employer participating in the program must do so until the

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end of the term for which the carrier providing the coverage is

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obligated to provide such coverage to the program. Coverage for a

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small employer group that ceases to meet the eligibility

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requirements of this section may be terminated at the end of the

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policy period for which the necessary premiums have been paid.

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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) 56, after the semicolon

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insert:

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amending s. 220.191, F.S.; requiring applications for

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capital investment tax credits to be reviewed under a

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specified provision; amending s. 288.063, F.S.; requiring

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that adoption of criteria by which certain transportation

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projects are to be specified and identified be done in

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accordance with a specified provision; amending s.

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288.065, F.S.; revising Rural Community Development

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Revolving Loan Fund program requirements; amending s.

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288.0655, F.S.; authorizing the Office of Tourism, Trade,

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and Economic Development to award grants for a certain

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percentage of total infrastructure project costs for

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certain catalyst site funding applications; providing for

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waiver of the local matching requirement; expanding

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eligible facilities for authorized infrastructure

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projects; amending s. 288.0656, F.S.; providing

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legislative intent; revising and providing definitions;

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providing certain additional review and action

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requirements for REDI relating to rural communities;

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revising representation on REDI; deleting a limitation on

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characterization as a rural area of critical economic

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concern; authorizing rural areas of critical economic

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concern to designate certain catalyst projects for certain

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purposes; providing project requirements; requiring the

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initiative to assist local governments with certain

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comprehensive planning needs; providing procedures and

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requirements for such assistance; revising certain

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reporting requirements for REDI; amending s. 288.0657,

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F.S.; revising the definition for a rural community;

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providing two full-time equivalent position and an

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appropriation for the Office of Tourism, Trade, and

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Economic Development; amending ss. 257.193, 288.019,

499

288.06561, and 627.6699, F.S.; conforming cross-

500

references;

4/15/2008  4:50:00 PM     CM.11.07658