Florida Senate - 2019 SB 596
By Senator Albritton
26-00730B-19 2019596__
1 A bill to be entitled
2 An act relating to regional rural development grants;
3 amending s. 288.018, F.S.; defining the term “regional
4 economic development organization”; specifying that
5 the concept of building the professional capacity of a
6 regional economic development organization includes
7 the hiring of professional staff to perform specified
8 services; providing that matching grants may be used
9 to provide technical assistance to local governments
10 and economic development organizations and to existing
11 and prospective businesses; specifying that a regional
12 economic development organization that provides
13 taxpayer-funded incentives is not eligible to
14 participate in the matching grant program; increasing
15 the maximum amount of annual grant funding that
16 specified economic development organizations may
17 receive; revising the required amount of nonstate
18 matching funds; requiring that certain information be
19 included in a contract or agreement involving the
20 expenditure of grant funds; requiring that contracts
21 or agreements involving the expenditure of grant
22 funds, and a plain-language version of certain
23 contracts or agreements, be placed on the contracting
24 regional economic development organization’s website
25 for a specified period before execution; deleting an
26 obsolete provision; increasing the amount of funds the
27 Department of Economic Opportunity may expend each
28 fiscal year for certain purposes; amending s.
29 288.0655, F.S.; increasing the maximum percentage of
30 total infrastructure project costs for which the
31 department may award a grant; deleting a provision
32 authorizing a higher maximum percentage of total
33 infrastructure project costs for a catalyst site;
34 providing that improving access to and availability of
35 broadband Internet service may be included in a
36 project that is eligible for rural infrastructure
37 grant funds; requiring that improvements to broadband
38 Internet service and access be made through certain
39 partnerships, which must be established through a
40 competitive selection process; extending the date by
41 which the department is required to reevaluate certain
42 guidelines and criteria; requiring that certain
43 information be included in a contract or agreement
44 involving the expenditure of grant funds; requiring
45 that contracts or agreements involving the expenditure
46 of grant funds, and a plain-language version of
47 certain contracts or agreements, be placed on the
48 contracting regional economic development
49 organization’s website for a specified period before
50 execution; providing an effective date.
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Subsections (1), (3), and (4) of section
55 288.018, Florida Statutes, are amended to read:
56 288.018 Regional Rural Development Grants Program.—
57 (1)(a) For the purposes of this section, a “regional
58 economic development organization” means an economic development
59 organization located in a rural area of opportunity, as defined
60 in s. 288.0656.
61 (b) The department shall establish a matching grant program
62 to provide funding to regional regionally based economic
63 development organizations representing rural counties and
64 communities to build for the purpose of building the
65 professional capacity of those their organizations. Efforts to
66 build the professional capacity of regional economic development
67 organizations include the hiring of professional staff to
68 develop, facilitate the delivery of, and directly provide needed
69 economic development professional services, including technical
70 assistance, education and leadership development, marketing, and
71 project recruitment. Such Matching grants may also be used by a
72 regional an economic development organization to provide
73 technical assistance to local governments, local economic
74 development organizations, and existing and prospective
75 businesses within the rural counties and communities that it
76 serves. A regional economic development organization that
77 provides taxpayer-funded incentives to existing or prospective
78 businesses is not eligible to participate in the matching grant
79 program.
80 (c) A regional economic development organization may apply
81 annually to the department for a matching grant. The department
82 is authorized to approve an application for a grant of:, on an
83 annual basis, grants
84 1. Up to $150,000 to an organization located to such
85 regionally based economic development organizations. The maximum
86 amount an organization may receive in any year will be $50,000,
87 or $150,000 in a rural area of opportunity designated pursuant
88 to s. 288.0656(7).
89 2. Up to $250,000 to any of the three regional economic
90 development organizations that serve an entire region of a rural
91 area of opportunity designated pursuant to s. 288.0656(7) and
92 that are recognized by the department as serving such a region.
93 (d) Grant funds received by a regional economic development
94 organization recommended by the Rural Economic Development
95 Initiative and designated by the Governor, and must be matched
96 each year by an equivalent amount of nonstate resources in an
97 amount equal to 25 percent of the state contribution.
98 (3)(a) A contract or agreement that involves the
99 expenditure of grant funds provided under this section,
100 including a contract or agreement entered into between another
101 entity and a regional economic development organization, a unit
102 of local government, or an economic development organization
103 substantially underwritten by a unit of local government, must
104 include:
105 1. The purpose of the contract or agreement.
106 2. Specific performance standards and responsibilities for
107 each entity.
108 3. A detailed project or contract budget, if applicable.
109 4. The value of any services provided.
110 5. The projected travel and entertainment expenses for
111 employees and board members, if applicable.
112 (b) At least 14 days before execution, the contracting
113 regional economic development organization shall post on its
114 website:
115 1. Any contract or agreement that involves the expenditure
116 of grant funds provided under this section.
117 2. A plain-language version of a contract or agreement with
118 a private entity, a municipality, or a vendor of services,
119 supplies, or programs, including marketing, or for the purchase
120 or lease or use of lands, facilities, or properties which
121 involves the expenditure of grant funds provided under this
122 section and which is estimated to exceed $35,000 The department
123 may also contract for the development of an enterprise zone web
124 portal or websites for each enterprise zone which will be used
125 to market the program for job creation in disadvantaged urban
126 and rural enterprise zones. Each enterprise zone web page should
127 include downloadable links to state forms and information, as
128 well as local message boards that help businesses and residents
129 receive information concerning zone boundaries, job openings,
130 zone programs, and neighborhood improvement activities.
131 (4) The department may expend up to $1 million $750,000
132 each fiscal year from funds appropriated to the Rural Community
133 Development Revolving Loan Fund for the purposes outlined in
134 this section. The department may contract with Enterprise
135 Florida, Inc., for the administration of the purposes specified
136 in this section. Funds released to Enterprise Florida, Inc., for
137 this purpose shall be released quarterly and shall be calculated
138 based on the applications in process.
139 Section 2. Present subsection (5) of section 288.0655,
140 Florida Statutes, is redesignated as subsection (6), paragraph
141 (b) of subsection (2) and subsection (4) of that section are
142 amended, and a new subsection (5) is added to that section, to
143 read:
144 288.0655 Rural Infrastructure Fund.—
145 (2)(b) To facilitate access of rural communities and rural
146 areas of opportunity as defined by the Rural Economic
147 Development Initiative to infrastructure funding programs of the
148 Federal Government, such as those offered by the United States
149 Department of Agriculture and the United States Department of
150 Commerce, and state programs, including those offered by Rural
151 Economic Development Initiative agencies, and to facilitate
152 local government or private infrastructure funding efforts, the
153 department may award grants for up to 50 30 percent of the total
154 infrastructure project cost. If an application for funding is
155 for a catalyst site, as defined in s. 288.0656, the department
156 may award grants for up to 40 percent of the total
157 infrastructure project cost. Eligible projects must be related
158 to specific job-creation or job-retention opportunities.
159 Eligible projects may also include improving any inadequate
160 infrastructure that has resulted in regulatory action that
161 prohibits economic or community growth or reducing the costs to
162 community users of proposed infrastructure improvements that
163 exceed such costs in comparable communities, including the costs
164 associated with improving access to and the availability of
165 broadband Internet service. Eligible uses of funds shall include
166 improvements to public infrastructure for industrial or
167 commercial sites, and upgrades to or development of public
168 tourism infrastructure, and improvements to broadband Internet
169 service and access in unserved or underserved rural communities.
170 Improvements to broadband Internet service and access must be
171 made in partnership with one or more dealers of communications
172 services as defined in s. 202.11(2), and any such partnership
173 must be established by a publicly noticed competitive selection
174 process. Authorized infrastructure may include the following
175 public or public-private partnership facilities: storm water
176 systems; telecommunications facilities; broadband facilities;
177 roads or other remedies to transportation impediments; nature
178 based tourism facilities; or other physical requirements
179 necessary to facilitate tourism, trade, and economic development
180 activities in the community. Authorized infrastructure may also
181 include publicly or privately owned self-powered nature-based
182 tourism facilities, publicly owned telecommunications
183 facilities, and broadband facilities, and additions to the
184 distribution facilities of the existing natural gas utility as
185 defined in s. 366.04(3)(c), the existing electric utility as
186 defined in s. 366.02, or the existing water or wastewater
187 utility as defined in s. 367.021(12), or any other existing
188 water or wastewater facility, which owns a gas or electric
189 distribution system or a water or wastewater system in this
190 state where:
191 1. A contribution-in-aid of construction is required to
192 serve public or public-private partnership facilities under the
193 tariffs of any natural gas, electric, water, or wastewater
194 utility as defined herein; and
195 2. Such utilities as defined herein are willing and able to
196 provide such service.
197 (4) By September 1, 2020 2012, the department shall, in
198 consultation with the organizations listed in subsection (3),
199 and other organizations, reevaluate existing guidelines and
200 criteria governing submission of applications for funding,
201 review and evaluation of such applications, and approval of
202 funding under this section. The department shall consider
203 factors including, but not limited to, the project’s potential
204 for enhanced job creation or increased capital investment, the
205 demonstration and level of local public and private commitment,
206 whether the project is located in an enterprise zone, in a
207 community development corporation service area, or in an urban
208 high-crime area as designated under s. 212.097, the unemployment
209 rate of the county in which the project would be located, and
210 the poverty rate of the community.
211 (5)(a) A contract or agreement that includes the
212 expenditure of grant funds provided under this section,
213 including a contract or agreement entered into between an entity
214 and a regional economic development organization, a unit of
215 local government, or an economic development organization
216 substantially underwritten by a unit of local government, must
217 include:
218 1. The purpose of the contract or agreement.
219 2. Specific performance standards and responsibilities for
220 each entity.
221 3. A detailed project or contract budget, if applicable.
222 4. The value of any services provided.
223 5. The projected travel and entertainment expenses for
224 employees and board members, if applicable.
225 (b) At least 14 days before execution, the contracting
226 regional economic development organization shall post on its
227 website:
228 1. Any contract or agreement that involves the expenditure
229 of grant funds provided under this section.
230 2. A plain-language version of a contract or agreement with
231 a private entity, a municipality, or a vendor of services,
232 supplies, or programs, including marketing, or for the purchase
233 or lease or use of lands, facilities, or properties which
234 involves the expenditure of grant funds provided under this
235 section and which is estimated to exceed $35,000.
236 Section 3. This act shall take effect July 1, 2019.