1 | A bill to be entitled |
2 | An act relating to review of the Department of Community |
3 | Affairs under the Florida Government Accountability Act; |
4 | reenacting and amending s. 20.18, F.S., relating to the |
5 | establishment of the department and the divisions and |
6 | offices thereof, and the powers, duties, and functions of |
7 | the Department of Community Affairs and its divisions and |
8 | offices; providing rulemaking authority of the department |
9 | with respect to the administration of the Front Porch |
10 | Florida initiative; requiring ratification of the rules by |
11 | the Legislature; amending s. 380.502, F.S.; revising |
12 | legislative findings and intent with respect to the |
13 | Florida Communities Trust Act; amending s. 380.503, F.S.; |
14 | removing a definition; amending s. 380.507, F.S.; revising |
15 | powers of the Florida Communities Trust; amending s. |
16 | 380.508, F.S.; revising guidelines for projects or |
17 | activities undertaken, coordinated, or funded by the |
18 | Florida Communities Trust to eliminate requirements of the |
19 | trust with respect to cooperation with local governments, |
20 | state agencies, federal agencies, and nonprofit |
21 | organizations to ensure the reservation of lands for |
22 | parks, recreation, fish and wildlife habitat, historical |
23 | preservation, or scientific study; eliminating provisions |
24 | which specify authorized project costs under the Florida |
25 | Communities Trust Act and requirements of the trust in |
26 | undertaking or coordinating projects or activities |
27 | authorized by the act; amending s. 380.510, F.S.; removing |
28 | references to loans made by the trust, to conform; |
29 | amending s. 380.511, F.S.; correcting cross-references; |
30 | repealing ss. 163.455, 163.456, 163.457, 163.458, 163.459, |
31 | 163.460, 163.461, and 163.462, F.S., the Community-Based |
32 | Development Organization Assistance Act; amending s. |
33 | 189.4035, F.S.; revising procedures and requirements with |
34 | respect to the compilation by the Department of Community |
35 | Affairs of an official list of special districts; |
36 | requiring that the official list of special districts be |
37 | made available electronically; amending s. 189.412, F.S.; |
38 | providing for electronic availability of the master list |
39 | of independent and dependent special districts under the |
40 | Special District Information Program of the department; |
41 | providing access requirements; providing for electronic |
42 | publishing and updating of the Florida Special District |
43 | Handbook; amending s. 189.427, F.S.; revising the payment |
44 | of costs of administering the "Uniform Special District |
45 | Accountability Act of 1989"; providing for the type two |
46 | transfer of the Small County Technical Assistance Program |
47 | in the Department of Agriculture and Consumer Services to |
48 | the Department of Community Affairs; reenacting and |
49 | amending s. 163.05, F.S.; providing duties of the |
50 | Secretary of Community Affairs with respect to the Small |
51 | County Technical Assistance Program; amending s. 215.559, |
52 | F.S.; requiring the Department of Community Affairs to |
53 | develop specified hurricane loss mitigation programs in |
54 | consultation with the Division of Emergency Management; |
55 | requiring the department to adopt rules for the |
56 | administration of specified grants; requiring ratification |
57 | of the rules by the Legislature; providing for the type |
58 | two transfer of the powers, duties, functions, personnel, |
59 | property, and unexpended balances of appropriations of the |
60 | Hurricane Loss Mitigation Program Advisory Council to the |
61 | Division of Emergency Management of the Department of |
62 | Community Affairs; amending s. 201.15, F.S.; eliminating |
63 | the distribution of excise taxes on documents to the |
64 | Century Commission; providing an effective date. |
65 |
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66 | Be It Enacted by the Legislature of the State of Florida: |
67 |
|
68 | Section 1. Section 20.18, Florida Statutes, is reenacted |
69 | and amended to read: |
70 | 20.18 Department of Community Affairs.-There is created a |
71 | Department of Community Affairs. |
72 | (1) The head of the Department of Community Affairs is the |
73 | Secretary of Community Affairs. The secretary shall be appointed |
74 | by the Governor subject to confirmation by the Senate. The |
75 | secretary shall serve at the pleasure of the Governor. |
76 | (2) The following units of the Department of Community |
77 | Affairs are established: |
78 | (a) Division of Emergency Management. The division is a |
79 | separate budget entity and is not subject to control, |
80 | supervision, or direction by the Department of Community Affairs |
81 | in any manner including, but not limited to, personnel, |
82 | purchasing, transactions involving personal property, and |
83 | budgetary matters. The division director shall be appointed by |
84 | the Governor, shall serve at the pleasure of the Governor, and |
85 | shall be the agency head of the division for all purposes. The |
86 | division shall enter into a service agreement with the |
87 | department for professional, technological, and administrative |
88 | support services. The division shall collaborate and coordinate |
89 | with the department on nonemergency response matters, including, |
90 | but not limited to, disaster recovery programs, grant programs, |
91 | mitigation programs, and emergency matters related to |
92 | comprehensive plans. |
93 | (b) Division of Housing and Community Development. |
94 | (c) Division of Community Planning. |
95 | (3) Unless otherwise provided by law, the Secretary of |
96 | Community Affairs shall appoint the directors or executive |
97 | directors of any commission or council assigned to the |
98 | department, who shall serve at his or her pleasure as provided |
99 | for division directors in s. 110.205. The appointment or |
100 | termination by the secretary will be done with the advice and |
101 | consent of the commission or council; and the director or |
102 | executive director may employ, subject to departmental rules and |
103 | procedures, such personnel as may be authorized and necessary. |
104 | (4) In addition to its other powers, duties, and |
105 | functions, the department shall, under the general supervision |
106 | of the secretary and the Interdepartmental Coordinating Council |
107 | on Community Services, assist and encourage the development of |
108 | state programs by the various departments for the productive use |
109 | of human resources, and the department shall work with other |
110 | state agencies in order that together they might: |
111 | (a) Effect the coordination, by the responsible agencies |
112 | of the state, of the career and adult educational programs of |
113 | the state in order to provide the maximum use and meaningful |
114 | employment of persons completing courses of study from such |
115 | programs; |
116 | (b) Assist the Department of Commerce in the development |
117 | of employment opportunities; and |
118 | (c) Improve the enforcement of special district reporting |
119 | requirements and the communication among state agencies that |
120 | receive mandatory reports from special districts. |
121 | (5) The role of state government required by part I of |
122 | chapter 421 (Housing Authorities Law), chapter 422 (Housing |
123 | Cooperation Law), and chapter 423 (tax exemption of housing |
124 | authorities) is the responsibility of the Department of |
125 | Community Affairs; and the department is the agency of state |
126 | government responsible for the state's role in housing and urban |
127 | development. |
128 | (6) The Office of Urban Opportunity is created within the |
129 | Department of Community Affairs. The purpose of the office is to |
130 | administer the Front Porch Florida initiative, a comprehensive, |
131 | community-based urban core redevelopment program that enables |
132 | urban core residents to craft solutions to the unique challenges |
133 | of each designated community. The department shall adopt rules |
134 | for the administration of the Front Porch Florida initiative. |
135 | The rules shall not become effective until ratified by the |
136 | Legislature. |
137 | Section 2. Subsection (3) of section 380.502, Florida |
138 | Statutes, is amended to read: |
139 | 380.502 Legislative findings and intent.- |
140 | (3) It is the intent of the Legislature to establish a |
141 | nonregulatory agency that will assist local governments in |
142 | bringing local comprehensive plans into compliance and |
143 | implementing the goals, objectives, and policies of the |
144 | conservation, recreation and open space, and coastal elements of |
145 | local comprehensive plans, or in conserving natural resources |
146 | and resolving land use conflicts by: |
147 | (a) Responding promptly and creatively to opportunities to |
148 | correct undesirable development patterns, restore degraded |
149 | natural areas, enhance resource values, restore deteriorated or |
150 | deteriorating urban waterfronts, preserve working waterfronts, |
151 | reserve lands for later purchase, participate in and promote the |
152 | use of innovative land acquisition methods, and provide public |
153 | access to surface waters. |
154 | (b) Providing financial and technical assistance to local |
155 | governments, state agencies, and nonprofit organizations to |
156 | carry out projects and activities and to develop programs |
157 | authorized by this part. |
158 | (c) Involving local governments and private interests in |
159 | voluntarily resolving land use conflicts and issues. |
160 | Section 3. Subsection (12) of section 380.503, Florida |
161 | Statutes, is amended, and subsections (13) through (18) of that |
162 | section are renumbered as subsections (12) through (17), |
163 | respectively, to read: |
164 | 380.503 Definitions.-As used in ss. 380.501-380.515, |
165 | unless the context indicates a different meaning or intent: |
166 | (12) "Site reservation" means temporarily acquiring and |
167 | holding areas identified for public use, then transferring the |
168 | land to an appropriate state agency, local government, or |
169 | nonprofit organization for management for public use. |
170 | Section 4. Subsections (2), (3), (6), and (7) of section |
171 | 380.507, Florida Statutes, are amended to read: |
172 | 380.507 Powers of the trust.-The trust shall have all the |
173 | powers necessary or convenient to carry out the purposes and |
174 | provisions of this part, including: |
175 | (2) To undertake, coordinate, or fund activities and |
176 | projects which will help bring local comprehensive plans into |
177 | compliance and help implement the goals, objectives, and |
178 | policies of the conservation, recreation and open space, and |
179 | coastal elements of local comprehensive plans, or which will |
180 | otherwise serve to conserve natural resources and resolve land |
181 | use conflicts, including, but not limited to: |
182 | (a) Redevelopment projects. |
183 | (b) Resource enhancement projects. |
184 | (c) Public access projects. |
185 | (d) Urban waterfront restoration projects. |
186 | (e) Site reservation. |
187 | (e)(f) Urban greenways and open space projects. |
188 | (f)(g) Working waterfronts. |
189 | (3) To provide technical and financial assistance to local |
190 | governments, state agencies, water management districts, |
191 | regional planning councils, and nonprofit agencies to carry out |
192 | projects and activities and develop programs to achieve the |
193 | purposes of this part. |
194 | (6) To award grants and make loans to local governments |
195 | and nonprofit organizations for the purposes listed in |
196 | subsection (2) and for acquiring fee title and less than fee |
197 | title, such as conservation easements or other interests in |
198 | land, for the purposes of this part. |
199 | (7) To provide by grant or loan up to the total cost of |
200 | any project approved according to this part, including the local |
201 | share of federally supported projects. The trust may require |
202 | local funding participation in projects. The trust shall |
203 | determine the funding it will provide by considering the total |
204 | amount of funding available for the project, the fiscal |
205 | resources of other project participants, the urgency of the |
206 | project relative to other eligible projects, and other factors |
207 | which the trust shall have prescribed by rule. The trust may |
208 | fund up to 100 percent of any local government land acquisition |
209 | costs, if part of an approved project. |
210 | Section 5. Subsections (4) and (5) of section 380.508, |
211 | Florida Statutes, are amended to read: |
212 | 380.508 Projects; development, review, and approval.- |
213 | (4) Projects or activities which the trust undertakes, |
214 | coordinates, or funds in any manner shall comply with the |
215 | following guidelines: |
216 | (a) The purpose of redevelopment projects shall be to |
217 | restore areas which are adversely affected by scattered |
218 | ownership, poor lot layout, inadequate park and open space, |
219 | incompatible land uses, or other conditions which endanger the |
220 | environment or impede orderly development. Grants and loans |
221 | awarded for redevelopment projects shall be used for assembling |
222 | parcels of land within redevelopment project areas for the |
223 | redesign of such areas and for the installation of public |
224 | improvements required to serve such areas. After redesign and |
225 | installation of public improvements, if any, lands in |
226 | redevelopment projects, with the exception of lands acquired for |
227 | public purposes, shall be conveyed to any person for development |
228 | in accordance with a redevelopment project plan approved |
229 | according to this part. |
230 | (b) The purpose of resource enhancement projects shall be |
231 | to enhance natural resources which, because of indiscriminate |
232 | dredging or filling, improper location of improvements, natural |
233 | or human-induced events, or incompatible land uses, have |
234 | suffered loss of natural and scenic values. Grants and loans |
235 | awarded for resource enhancement projects shall be used for the |
236 | assembly of parcels of land to improve resource management, for |
237 | relocation of improperly located or designed improvements, and |
238 | for other corrective measures which will enhance the natural and |
239 | scenic character of project areas. |
240 | (c) The purpose of public access projects shall be to |
241 | acquire interests in and initially develop lands which are |
242 | suitable for and which will be used for public accessways to |
243 | surface waters. The trust shall identify local governments and |
244 | nonprofit organizations which will accept responsibility for |
245 | maintenance and liability for public accessways which are |
246 | located outside the state park system. The trust may lease any |
247 | public access site developed under this part to a local |
248 | government or nonprofit organization, provided that the |
249 | conditions of the lease guarantee public use of the site. The |
250 | trust may accept, from any local government or nonprofit |
251 | organization, fees collected for providing public access to |
252 | surface waters. The trust shall expend any such funds it accepts |
253 | only for acquisition, development, and maintenance of such |
254 | public accessways. To the maximum extent possible, the trust |
255 | shall expend such fees in the general area where they are |
256 | collected or in areas where public access to surface waters is |
257 | clearly deficient. The trust may transfer funds, including such |
258 | fees, to a local government or nonprofit organization to acquire |
259 | public access sites. In developing or coordinating public access |
260 | projects, the trust shall ensure that project plans involving |
261 | beach access are consistent with state laws governing beach |
262 | access. |
263 | (d) The purpose of urban waterfront restoration projects |
264 | shall be to restore deteriorated or deteriorating urban |
265 | waterfronts for public use and enjoyment. Urban waterfront |
266 | restoration projects shall include public access sites. |
267 | (e) The purpose of working waterfront projects shall be to |
268 | restore and preserve working waterfronts as provided in s. |
269 | 380.5105. |
270 | (f) The trust shall cooperate with local governments, |
271 | state agencies, federal agencies, and nonprofit organizations in |
272 | ensuring the reservation of lands for parks, recreation, fish |
273 | and wildlife habitat, historical preservation, or scientific |
274 | study. In the event that any local government, state agency, |
275 | federal agency, or nonprofit organization is unable, due to |
276 | limited financial resources or other circumstances of a |
277 | temporary nature, to acquire a site for the purposes described |
278 | in this paragraph, the trust may acquire and hold the site for |
279 | subsequent conveyance to the appropriate governmental agency or |
280 | nonprofit organization. The trust may provide such technical |
281 | assistance as is required to aid local governments, state and |
282 | federal agencies, and nonprofit organizations in completing |
283 | acquisition and related functions. The trust shall not reserve |
284 | lands acquired in accordance with this paragraph for more than 5 |
285 | years from the time of acquisition. A local government, federal |
286 | or state agency, or nonprofit organization may acquire the land |
287 | at any time during this period for public purposes. The purchase |
288 | price shall be based upon the trust's cost of acquisition, plus |
289 | administrative and management costs in reserving the land. The |
290 | payment of this purchase price shall be by money, trust-approved |
291 | property of an equivalent value, or a combination of money and |
292 | trust-approved property. If, after the 5-year period, the trust |
293 | has not sold to a governmental agency or nonprofit organization |
294 | land acquired for site reservation, the trust shall dispose of |
295 | such land at fair market value or shall trade it for other land |
296 | of comparable value which will serve to accomplish the purposes |
297 | of this part. Any proceeds from the sale of such land shall be |
298 | deposited in the Florida Communities Trust Fund. |
299 |
|
300 | Project costs may include costs of providing parks, open space, |
301 | public access sites, scenic easements, and other areas and |
302 | facilities serving the public where such features are part of a |
303 | project plan approved according to this part. In undertaking or |
304 | coordinating projects or activities authorized by this part, the |
305 | trust shall, when appropriate, use and promote the use of |
306 | creative land acquisition methods, including the acquisition of |
307 | less than fee interest through, among other methods, |
308 | conservation easements, transfer of development rights, leases, |
309 | and leaseback arrangements. The trust also shall assist local |
310 | governments in the use of sound alternative methods of financing |
311 | for funding projects and activities authorized by this part. Any |
312 | funds over and above eligible project costs, which remain after |
313 | completion of a project approved according to this part, shall |
314 | be transmitted to the state and deposited in the Florida |
315 | Communities Trust Fund. |
316 | (5) The governing body of the trust shall approve |
317 | projects, project plans, and grants, and loans according to |
318 | rules which it shall have adopted and which are consistent with |
319 | the provisions of this part. In reviewing project plans and |
320 | grant and loan applications, the trust shall seek to promote |
321 | excellence of design and shall encourage projects which |
322 | integrate structures into the natural environment. |
323 | Section 6. Section 380.510, Florida Statutes, is amended |
324 | to read: |
325 | 380.510 Conditions of grants and loans.- |
326 | (1) The trust may seek repayment of funds loaned pursuant |
327 | to this part on terms and conditions as it deems appropriate to |
328 | carry out the provisions of this part. |
329 | (2) Trust loan applications may include a requirement that |
330 | the loan include all reasonable and necessary administrative |
331 | costs that the trust incurs in processing and administering the |
332 | loan application. |
333 | (1)(3) In the case of a grant or loan for land |
334 | acquisition, agreements shall provide all of the following: |
335 | (a) The trust shall approve the terms under which the |
336 | interest in land is acquired. |
337 | (b) The transfer of land acquired with a trust grant or |
338 | loan shall be subject to the approval of the trust, and the |
339 | trust shall enter into a new agreement with the transferee, |
340 | containing such covenants, reverter clauses, or other |
341 | restrictions as are sufficient to protect the interest of the |
342 | people of Florida. |
343 | (c) The interest in land acquired with a loan or grant |
344 | from the trust may not serve as security for any debt the |
345 | grantee or borrower incurs unless the trust approves the |
346 | transaction. |
347 | (d) If any essential term or condition of a grant or loan |
348 | is violated, title to all interest in real property acquired |
349 | with state funds shall be conveyed or revert to the Board of |
350 | Trustees of the Internal Improvement Trust Fund. The trust shall |
351 | treat such property in accordance with s. 380.508(4)(f). |
352 | (e) If the existence of a nonprofit organization or local |
353 | government terminates for any reason, title to all interest in |
354 | real property it has acquired with state funds shall be conveyed |
355 | or revert to the Board of Trustees of the Internal Improvement |
356 | Trust Fund, unless the trust negotiates an agreement with |
357 | another local government or nonprofit organization which agrees |
358 | to accept title to all interest in and to manage the property. |
359 | (f) The term of any grant using funds received from the |
360 | Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c), |
361 | shall be for a period not to exceed 24 months. The governing |
362 | board of the trust may offer a grant with a shorter term and may |
363 | extend a grant beyond 24 months when the grant recipient |
364 | demonstrates that significant progress is being made toward |
365 | closing the project or that extenuating circumstances warrant an |
366 | extension of time. If a local government project which was |
367 | awarded a grant is not closed within 24 months and the governing |
368 | board of the trust does not grant an extension, the grant |
369 | reverts to the trust's unencumbered balance of Preservation 2000 |
370 | funds to be redistributed to other eligible projects. The local |
371 | government may reapply for a grant to fund the project in the |
372 | trust's next application cycle. |
373 |
|
374 | Any deed or other instrument of conveyance whereby a nonprofit |
375 | organization or local government acquires real property under |
376 | this section shall set forth the interest of the state. The |
377 | trust shall keep at least one copy of any such instrument and |
378 | shall provide at least one copy to the Board of Trustees of the |
379 | Internal Improvement Trust Fund. |
380 | (2)(4) The trust shall require in a grant or loan |
381 | agreement terms sufficient to protect the public interest in any |
382 | improvement or development constructed under a grant or loan to |
383 | a nonprofit organization or local government. The agreement |
384 | shall describe with particularity any real property which is |
385 | subject to the agreement, and the trust shall record the |
386 | agreement in the county in which the real property is located. |
387 | (3)(5) Any funds the trust collects from a nonprofit |
388 | organization or local government under a grant or loan agreement |
389 | shall be deposited in the Florida Communities Trust Fund. |
390 | (6) Funds the trust loans for land acquisition may, in |
391 | part, be used to pay reasonable real estate commission fees. |
392 | (4)(7) Any funds received by the trust from the |
393 | Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and |
394 | the Florida Forever Trust Fund pursuant to s. 259.105(3)(c) |
395 | shall be held separate and apart from any other funds held by |
396 | the trust and shall be used for the land acquisition purposes of |
397 | this part. In addition to the other conditions set forth in this |
398 | section, the disbursement of Preservation 2000 and Florida |
399 | Forever funds from the trust shall be subject to the following |
400 | conditions: |
401 | (a) The administration and use of any funds received by |
402 | the trust from the Preservation 2000 Trust Fund and the Florida |
403 | Forever Trust Fund shall be subject to such terms and conditions |
404 | imposed thereon by the agency of the state responsible for the |
405 | bonds, the proceeds of which are deposited in the Preservation |
406 | 2000 Trust Fund and the Florida Forever Trust Fund, including |
407 | restrictions imposed to ensure that the interest on any such |
408 | bonds issued by the state as tax-exempt bonds will not be |
409 | included in the gross income of the holders of such bonds for |
410 | federal income tax purposes. |
411 | (b) All deeds or leases with respect to any real property |
412 | acquired with funds received by the trust from the Preservation |
413 | 2000 Trust Fund shall contain such covenants and restrictions as |
414 | are sufficient to ensure that the use of such real property at |
415 | all times complies with s. 375.051 and s. 9, Art. XII of the |
416 | State Constitution. All deeds or leases with respect to any real |
417 | property acquired with funds received by the trust from the |
418 | Florida Forever Trust Fund shall contain such covenants and |
419 | restrictions as are sufficient to ensure that the use of such |
420 | real property at all times complies with s. 11(e), Art. VII of |
421 | the State Constitution. Each deed or lease shall contain a |
422 | reversion, conveyance, or termination clause that will vest |
423 | title in the Board of Trustees of the Internal Improvement Trust |
424 | Fund if any of the covenants or restrictions are violated by the |
425 | titleholder or leaseholder or by some third party with the |
426 | knowledge of the titleholder or leaseholder. |
427 | Section 7. Subsections (2) and (3) of section 380.511, |
428 | Florida Statutes, are amended to read: |
429 | 380.511 Florida Communities Trust Fund.- |
430 | (2) The trust may expend any moneys in the Florida |
431 | Communities Trust Fund to acquire land, water areas, and related |
432 | resources; to provide technical assistance to local governments |
433 | to establish transfer of development rights programs within |
434 | their jurisdictions; and to construct, improve, enlarge, extend, |
435 | operate, and maintain capital improvements and facilities in |
436 | accordance with this part, except as limited by s. |
437 | 380.510(4)(7). |
438 | (3) The trust may disburse moneys in the Florida |
439 | Communities Trust Fund to pay all necessary expenses to carry |
440 | out the purposes of this part, except as limited by s. |
441 | 380.510(4)(7). |
442 | Section 8. Sections 163.455, 163.456, 163.457, 163.458, |
443 | 163.459, 163.460, 163.461, and 163.462, Florida Statutes, are |
444 | repealed. |
445 | Section 9. Section 189.4035, Florida Statutes, is amended |
446 | to read: |
447 | 189.4035 Preparation of official list of special |
448 | districts.- |
449 | (1) The Department of Community Affairs shall compile the |
450 | official list of special districts pursuant to s. 189.412(2). |
451 | The official list of special districts shall include all special |
452 | districts in this state and shall indicate the independent or |
453 | dependent status of each district. All special districts in the |
454 | list shall be sorted by county. The definitions in s. 189.403 |
455 | shall be the criteria for determination of the independent or |
456 | dependent status of each special district on the official list. |
457 | The status of community development districts shall be |
458 | independent on the official list of special districts. |
459 | (2) The official list shall be produced by the department |
460 | after the department has notified each special district that is |
461 | currently reporting to the department, the Department of |
462 | Financial Services pursuant to s. 218.32, or the Auditor General |
463 | pursuant to s. 218.39. Upon notification, each special district |
464 | shall submit, within 60 days, its determination of its status. |
465 | The determination submitted by a special district shall be |
466 | consistent with the status reported in the most recent local |
467 | government audit of district activities submitted to the Auditor |
468 | General pursuant to s. 218.39. |
469 | (2)(3) The Department of Financial Services shall provide |
470 | the department with a list of entities dependent special |
471 | districts reporting pursuant to s. 218.32 that appear to be |
472 | special districts but are not included on the for inclusion on |
473 | the official list of special districts. The Auditor |
474 | shall provide the department with a list of entities reporting |
475 | pursuant to s. 218.39 that appear to be special districts but |
476 | are not included on the official list of special districts. |
477 | (3)(4) The department shall contact each entity reported |
478 | pursuant to subsection (2) to determine whether such entity |
479 | meets the definition of a special district pursuant to s. |
480 | 189.403. Within 60 days after being contacted by the department, |
481 | each entity shall submit to the department confirmation of its |
482 | status as an independent special district or a dependent special |
483 | district, or acknowledgment that the entity is not a special |
484 | district. If an entity a special district does not submit |
485 | confirmation of its status to the department within the required |
486 | time period, then the department shall have the authority to |
487 | determine the status of the entity said district. After such |
488 | determination of status is completed, the department shall |
489 | convey render the determination to an agent of the entity |
490 | special district. |
491 | (4)(5) The official list of special districts shall be |
492 | made available electronically distributed by the department on |
493 | October 1 of each year to the President of the Senate, the |
494 | Speaker of the House of Representatives, the Auditor General, |
495 | the Department of Revenue, the Department of Financial Services, |
496 | the Department of Management Services, the State Board of |
497 | Administration, counties, municipalities, county property |
498 | appraisers, tax collectors, and supervisors of elections and to |
499 | all interested parties pursuant to s. 189.412 who request the |
500 | list. |
501 | (5)(6) The compilation Preparation of the official list of |
502 | special districts or the determination of status does not |
503 | constitute final agency action pursuant to chapter 120. If the |
504 | status of a special district on the official list disputes its |
505 | status on the official list is inconsistent with the status |
506 | submitted by the district, the district may request the |
507 | department to issue a declaratory statement setting forth the |
508 | requirements necessary to resolve the inconsistency. If |
509 | necessary, upon issuance of a declaratory statement by the |
510 | department which is not appealed pursuant to chapter 120, the |
511 | governing board of any special district receiving such a |
512 | declaratory statement shall apply to the entity which originally |
513 | established the district for an amendment to its charter |
514 | correcting the specified defects in its original charter. This |
515 | amendment shall be for the sole purpose of resolving |
516 | inconsistencies between a district charter and the status of a |
517 | district as it appears on the official list. Such application |
518 | shall occur as follows: |
519 | (a) In the event a special district was created by a local |
520 | general-purpose government or state agency and applies for an |
521 | amendment to its charter to confirm its independence, said |
522 | application shall be granted as a matter of right. If |
523 | application by an independent district is not made within 6 |
524 | months of rendition of a declaratory statement, the district |
525 | shall be deemed dependent and become a political subdivision of |
526 | the governing body which originally established it by operation |
527 | of law. |
528 | (b) If the Legislature created a special district, the |
529 | district shall request, by resolution, an amendment to its |
530 | charter by the Legislature. Failure to apply to the Legislature |
531 | for an amendment to its charter during the next regular |
532 | legislative session following rendition of a declaratory |
533 | statement or failure of the Legislature to pass a special act |
534 | shall render the district dependent. |
535 | Section 10. Subsections (2) and (3) of section 189.412, |
536 | Florida Statutes, are amended to read: |
537 | 189.412 Special District Information Program; duties and |
538 | responsibilities.-The Special District Information Program of |
539 | the Department of Community Affairs is created and has the |
540 | following special duties: |
541 | (2) The maintenance of a master list of all independent |
542 | and dependent special districts pursuant to s. 189.4035, which |
543 | shall be annually updated and made available electronically on |
544 | the department's website. Such access shall at minimum allow the |
545 | sorting of special districts by county and by dependent or |
546 | independent status distributed to the appropriate officials in |
547 | state and local governments. |
548 | (3) The electronic publishing and updating of a "Florida |
549 | Special District Handbook" that contains, at a minimum: |
550 | (a) A section that specifies definitions of special |
551 | districts and status distinctions in the statutes. |
552 | (b) A section or sections that specify current statutory |
553 | provisions for special district creation, implementation, |
554 | modification, dissolution, and operating procedures. |
555 | (c) A section that summarizes the reporting requirements |
556 | applicable to all types of special districts as provided in ss. |
557 | 189.417 and 189.418. |
558 | Section 11. Section 189.427, Florida Statutes, is amended |
559 | to read: |
560 | 189.427 Fee schedule; Operating Trust Fund.-The Department |
561 | of Community Affairs, by rule, shall establish a schedule of |
562 | fees to pay one-half of the costs incurred by the department in |
563 | administering this act, except that the fee may not exceed $175 |
564 | per district per year. The fees collected under this section |
565 | shall be deposited in the Operating Trust Fund, which shall be |
566 | administered by the Department of Community Affairs. Any fee |
567 | rule must consider factors such as the dependent and independent |
568 | status of the district and district revenues for the most recent |
569 | fiscal year as reported to the Department of Financial Services. |
570 | The department may assess fines of not more than $25, with an |
571 | aggregate total not to exceed $50, as penalties against special |
572 | districts that fail to remit required fees to the department by |
573 | the deadline. It is the intent of the Legislature that general |
574 | revenue funds will be made available to the department to pay |
575 | one-half of the cost of administering this act. |
576 | Section 12. All powers, duties, functions, records, |
577 | personnel, property; unexpended balances of appropriations, |
578 | allocations, or other funds; administrative authority; |
579 | administrative rules; pending issues; and existing contracts of |
580 | the Small County Technical Assistance Program in the Department |
581 | of Agriculture and Consumer Services, as authorized and governed |
582 | by s. 163.05, Florida Statutes, are transferred by a type two |
583 | transfer, as defined in s. 20.06(2), Florida Statutes, to the |
584 | Department of Community Affairs. |
585 | Section 13. Section 163.05, Florida Statutes, is reenacted |
586 | and amended to read: |
587 | 163.05 Small County Technical Assistance Program.- |
588 | (1) Among small counties, the Legislature finds that: |
589 | (a) The percentage of the population of small counties |
590 | residing in the unincorporated areas is relatively high based on |
591 | the United States Decennial Census of 2000. |
592 | (b) Projected revenue and expenditure trends of the small |
593 | counties indicate that a serious fiscal condition has developed |
594 | that could require a number of small counties to declare |
595 | financial emergencies. |
596 | (c) Fiscal shortfalls persist even though 12 of the small |
597 | counties levied the maximum ad valorem millage authorized in |
598 | their jurisdictions in 2001 and an additional 15 small counties |
599 | levied between 8 and 10 mills. |
600 | (d) State and federal mandates will continue to place |
601 | additional funding demands on small counties. |
602 | (2) Recognizing the findings in subsection (1), the |
603 | Legislature declares that: |
604 | (a) The financial difficulties confronting small counties |
605 | require an investment that will facilitate efforts to improve |
606 | the productivity and efficiency of small counties' structures |
607 | and operating procedures. |
608 | (b) Current and additional revenue enhancements authorized |
609 | by the Legislature should be managed and administered using |
610 | appropriate management practices and expertise. |
611 | (3) The purpose of this section is to provide technical |
612 | assistance to small counties to enable them to implement |
613 | workable solutions to financial and administrative problems. As |
614 | used in this section, "small county" means a county that has a |
615 | population of 75,000 or less. |
616 | (4) The Secretary of Community Affairs Commissioner of |
617 | Agriculture shall enter into contracts with program providers |
618 | who shall: |
619 | (a) Be a foundation that meets the requirements for |
620 | nonprofit status under s. 501(c)(3) of the Internal Revenue Code |
621 | with a governing board which includes in its membership county |
622 | commissioners and professional staff of the county. |
623 | (b) Have substantial and documented experience working |
624 | closely with county governments in providing both educational |
625 | and technical assistance. |
626 | (c) Use existing resources, services, and information that |
627 | are available from state or local agencies, universities, or the |
628 | private sector. |
629 | (d) Seek and accept funding from any public or private |
630 | source. |
631 | (e) Assist small counties in developing alternative |
632 | revenue sources. |
633 | (f) Provide assistance to small counties in areas such as |
634 | financial management, accounting, investing, purchasing, |
635 | planning and budgeting, debt issuance, public management, |
636 | management systems, computers and information technology, |
637 | economic and community development, and public safety |
638 | management. |
639 | (g) Provide for an annual independent financial audit of |
640 | the program. |
641 | (h) In each county served, conduct a needs assessment upon |
642 | which the assistance provided for that county will be designed. |
643 | (5)(a) The Secretary of Community Affairs Commissioner of |
644 | Agriculture shall issue a request for proposals to provide |
645 | assistance to small counties. The request for proposals shall be |
646 | required no more frequently than every third year beginning with |
647 | fiscal year 2004-2005. All contracts in existence on the |
648 | effective date of this act between the Comptroller and any other |
649 | party with respect to the Small County Technical Assistance |
650 | Program may be accepted by the Secretary of Community Affairs |
651 | Commissioner of Agriculture as the party in interest and said |
652 | contracts shall remain in full force and effect according to |
653 | their terms. |
654 | (b) The Secretary of Community Affairs Commissioner of |
655 | Agriculture shall review each contract proposal submitted. |
656 | (c) The Secretary of Community Affairs Commissioner of |
657 | Agriculture shall consider the following factors in reviewing |
658 | contract proposals: |
659 | 1. The demonstrated capacity of the provider to conduct |
660 | needs assessments and implement the program as proposed. |
661 | 2. The number of small counties to be served under the |
662 | proposal. |
663 | 3. The cost of the program as specified in a proposed |
664 | budget. |
665 | 4. The short-term and long-term benefits of the assistance |
666 | to small counties. |
667 | 5. The form and extent to which existing resources, |
668 | services, and information that are available from state and |
669 | local agencies, universities, and the private sector will be |
670 | used by the provider under the contract. |
671 | (6) A decision of the Secretary of Community Affairs |
672 | Commissioner of Agriculture to award a contract under this |
673 | section is final and shall be in writing. |
674 | (7) The Secretary of Community Affairs Commissioner of |
675 | Agriculture shall provide fiscal oversight to ensure that funds |
676 | expended for the program are used in accordance with the |
677 | contracts entered into pursuant to subsection (4) and shall |
678 | conduct a performance review of the program as may be necessary |
679 | to ensure that the goals and objectives of the program are being |
680 | met. |
681 | Section 14. Subsections (4) and (5) of section 215.559, |
682 | Florida Statutes, are amended to read: |
683 | 215.559 Hurricane Loss Mitigation Program.- |
684 | (4) Of moneys provided to the Department of Community |
685 | Affairs in paragraph (2)(a), 10 percent shall be allocated to |
686 | the Florida International University center dedicated to |
687 | hurricane research. The center shall develop a preliminary work |
688 | plan approved by the Division of Emergency Management advisory |
689 | council set forth in subsection (5) to eliminate the state and |
690 | local barriers to upgrading existing mobile homes and |
691 | communities, research and develop a program for the recycling of |
692 | existing older mobile homes, and support programs of research |
693 | and development relating to hurricane loss reduction devices and |
694 | techniques for site-built residences. The State University |
695 | System also shall consult with the Department of Community |
696 | Affairs and assist the department with the report required under |
697 | subsection (7). |
698 | (5) Except for the programs set forth in subsection (4), |
699 | the Department of Community Affairs shall develop the programs |
700 | set forth in this section in consultation with the Division of |
701 | Emergency Management to establish and fund hazard mitigation |
702 | efforts that reduce the state's exposure to hurricane losses. |
703 | The department shall adopt rules for the administration of |
704 | grants provided pursuant this section. The rules shall provide |
705 | for the award of grants based on objective criteria and |
706 | performance measures that include, but are not limited to, the |
707 | reduction of exposure to the Florida Hurricane Catastrophe Fund, |
708 | savings in homeowner's insurance, increased availability of |
709 | homeowner's insurance, and the leveraging of federal and local |
710 | funds. The rules shall not become effective until ratified by |
711 | the Legislature an advisory council consisting of a |
712 | representative designated by the Chief Financial Officer, a |
713 | representative designated by the Florida Home Builders |
714 | Association, a representative designated by the Florida |
715 | Insurance Council, a representative designated by the Federation |
716 | of Manufactured Home Owners, a representative designated by the |
717 | Florida Association of Counties, and a representative designated |
718 | by the Florida Manufactured Housing Association. |
719 | Section 15. All powers, duties, functions, records, |
720 | personnel, property; unexpended balances of appropriations, |
721 | allocations, or other funds; administrative authority; |
722 | administrative rules; pending issues; and existing contracts of |
723 | the Hurricane Loss Mitigation Program Advisory Council, as |
724 | created by s. 215.559(5), Florida Statutes, are transferred by a |
725 | type two transfer, as defined in s. 20.06(2), Florida Statutes, |
726 | to the Division of Emergency Management of the Department of |
727 | Community Affairs. |
728 | Section 16. Paragraph (c) of subsection (1) of section |
729 | 201.15, Florida Statutes, as amended by chapter 2009-271, Laws |
730 | of Florida, is amended to read: |
731 | 201.15 Distribution of taxes collected.-All taxes |
732 | collected under this chapter are subject to the service charge |
733 | imposed in s. 215.20(1). Prior to distribution under this |
734 | section, the Department of Revenue shall deduct amounts |
735 | necessary to pay the costs of the collection and enforcement of |
736 | the tax levied by this chapter. Such costs and the service |
737 | charge may not be levied against any portion of taxes pledged to |
738 | debt service on bonds to the extent that the costs and service |
739 | charge are required to pay any amounts relating to the bonds. |
740 | After distributions are made pursuant to subsection (1), all of |
741 | the costs of the collection and enforcement of the tax levied by |
742 | this chapter and the service charge shall be available and |
743 | transferred to the extent necessary to pay debt service and any |
744 | other amounts payable with respect to bonds authorized before |
745 | January 1, 2010, secured by revenues distributed pursuant to |
746 | subsection (1). All taxes remaining after deduction of costs and |
747 | the service charge shall be distributed as follows: |
748 | (1) Sixty-three and thirty-one hundredths percent of the |
749 | remaining taxes shall be used for the following purposes: |
750 | (c) After the required payments under paragraphs (a) and |
751 | (b), the remainder shall be paid into the State Treasury to the |
752 | credit of: |
753 | 1. The State Transportation Trust Fund in the Department |
754 | of Transportation in the amount of the lesser of 38.2 percent of |
755 | the remainder or $541.75 million in each fiscal year, to be used |
756 | for the following specified purposes, notwithstanding any other |
757 | law to the contrary: |
758 | a. For the purposes of capital funding for the New Starts |
759 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
760 | specified in s. 341.051, 10 percent of these funds; |
761 | b. For the purposes of the Small County Outreach Program |
762 | specified in s. 339.2818, 5 percent of these funds. Effective |
763 | July 1, 2014, the percentage allocated under this sub- |
764 | subparagraph shall be increased to 10 percent; |
765 | c. For the purposes of the Strategic Intermodal System |
766 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
767 | of these funds after allocating for the New Starts Transit |
768 | Program described in sub-subparagraph a. and the Small County |
769 | Outreach Program described in sub-subparagraph b.; and |
770 | d. For the purposes of the Transportation Regional |
771 | Incentive Program specified in s. 339.2819, 25 percent of these |
772 | funds after allocating for the New Starts Transit Program |
773 | described in sub-subparagraph a. and the Small County Outreach |
774 | Program described in sub-subparagraph b. Effective July 1, 2014, |
775 | the first $60 million of the funds allocated pursuant to this |
776 | sub-subparagraph shall be allocated annually to the Florida Rail |
777 | Enterprise for the purposes established in s. 341.303(5). |
778 | 2. The Grants and Donations Trust Fund in the Department |
779 | of Community Affairs in the amount of the lesser of .23 percent |
780 | of the remainder or $3.25 million in each fiscal year, with 92 |
781 | percent to be used to fund technical assistance to local |
782 | governments and school boards on the requirements and |
783 | implementation of this act and the remaining amount to be used |
784 | to fund the Century Commission established in s. 163.3247. |
785 | 3. The Ecosystem Management and Restoration Trust Fund in |
786 | the amount of the lesser of 2.12 percent of the remainder or $30 |
787 | million in each fiscal year, to be used for the preservation and |
788 | repair of the state's beaches as provided in ss. 161.091- |
789 | 161.212. |
790 | 4. General Inspection Trust Fund in the amount of the |
791 | lesser of .02 percent of the remainder or $300,000 in each |
792 | fiscal year to be used to fund oyster management and restoration |
793 | programs as provided in s. 379.362(3). |
794 |
|
795 | Moneys distributed pursuant to this paragraph may not be pledged |
796 | for debt service unless such pledge is approved by referendum of |
797 | the voters. |
798 | Section 17. This act shall take effect July 1, 2010. |