Florida Senate - 2023                                    SB 1482
       
       
        
       By Senator Simon
       
       
       
       
       
       3-01320A-23                                           20231482__
    1                        A bill to be entitled                      
    2         An act relating to rural development; amending s.
    3         215.971, F.S.; prohibiting certain agency agreements
    4         from requiring the expenditure of funds before
    5         reimbursement; authorizing agencies to undertake
    6         certain actions; providing construction; amending s.
    7         288.018, F.S.; specifying that funding provided under
    8         the Regional Rural Development Grants Program are not
    9         matching grants; revising the required criteria the
   10         Department of Economic Opportunity must consider to
   11         approve a participant in the program; amending s.
   12         288.065, F.S.; revising the conditions under which an
   13         applicant to the Rural Community Development Revolving
   14         Loan Fund may retain repayments of principal and
   15         interest; amending s. 288.0655, F.S.; revising the
   16         purpose of the Rural Infrastructure Fund; revising the
   17         percentages of total infrastructure project cost that
   18         the Department of Economic Opportunity may award
   19         through the fund; deleting a provision requiring
   20         eligible projects to be related to specified
   21         opportunities; providing authorized uses of eligible
   22         funds; authorizing the department to award grants up
   23         to a specified amount for specified planning and
   24         preparation activities; deleting a provision requiring
   25         authorized grants to be up to a specified amount for
   26         certain projects, under specified conditions; deleting
   27         a restriction on dual grant awards being used which
   28         would exceed a specified percentage threshold;
   29         deleting a provision that requires awarded funds be
   30         matched with a specified amount of local funds;
   31         revising the evaluation process of applications;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Present subsections (2) and (3) of section
   37  215.971, Florida Statutes, are redesignated as subsections (3)
   38  and (4), respectively, and a new subsection (2) is added to that
   39  section, to read:
   40         215.971 Agreements funded with federal or state
   41  assistance.—
   42         (2)(a)Notwithstanding any other law to the contrary, an
   43  agency agreement that provides state or federal financial
   44  assistance to a county or municipal entity within a rural area
   45  of opportunity, as defined in s. 288.0656(2), may not require
   46  the county or municipal entity to expend funds in order to be
   47  reimbursed. For such counties or municipal entities, an agency
   48  may advance funding based on an analysis of estimated costs, pay
   49  service providers and vendors directly, or undertake other
   50  options to meet the requirements of this section.
   51         (b)This subsection may not be construed to alter or limit
   52  any other provision of this section.
   53         Section 2. Subsections (1) and (2) of section 288.018,
   54  Florida Statutes, are amended to read:
   55         288.018 Regional Rural Development Grants Program.—
   56         (1)(a) For the purposes of this section, the term “regional
   57  economic development organization” means an economic development
   58  organization located in or contracted to serve a rural area of
   59  opportunity, as defined in s. 288.0656(2)(d).
   60         (b) The department shall establish a matching grant program
   61  to provide funding to regional economic development
   62  organizations for the purpose of building the professional
   63  capacity of those organizations. Building the professional
   64  capacity of a regional economic development organization
   65  includes hiring professional staff to develop, deliver, and
   66  provide needed economic development professional services,
   67  including technical assistance, education and leadership
   68  development, marketing, and project recruitment. Matching Grants
   69  may also be used by a regional economic development organization
   70  to provide technical assistance to local governments, local
   71  economic development organizations, and existing and prospective
   72  businesses.
   73         (c) A regional economic development organization may apply
   74  annually to the department for a matching grant. The department
   75  is authorized to approve, on an annual basis, grants to such
   76  regional economic development organizations. The maximum amount
   77  an organization may receive in any year will be $50,000, or
   78  $250,000 for any three regional economic development
   79  organizations that serve an entire region of a rural area of
   80  opportunity designated pursuant to s. 288.0656(7) if they are
   81  recognized by the department as serving such a region.
   82         (d) Grant funds received by a regional economic development
   83  organization must be matched each year by nonstate resources in
   84  an amount equal to 25 percent of the state contribution.
   85         (2) In approving the participants, the department shall
   86  consider the demonstrated need of the applicant for assistance
   87  and require the following:
   88         (a) Documentation of official commitments of support from
   89  each of the units of local government represented by the
   90  regional organization.
   91         (b) Demonstration that each unit of local government has
   92  made a financial or in-kind commitment to the regional
   93  organization.
   94         (c) Demonstration that the private sector has made
   95  financial or in-kind commitments to the regional organization.
   96         (d) Demonstration that the organization is in existence and
   97  actively involved in economic development activities serving the
   98  region.
   99         (c)(e) Demonstration of the manner in which the
  100  organization is or will coordinate its efforts with those of
  101  other local and state organizations.
  102         Section 3. Paragraph (c) of subsection (2) of section
  103  288.065, Florida Statutes, is amended to read:
  104         288.065 Rural Community Development Revolving Loan Fund.—
  105         (2)
  106         (c) All repayments of principal and interest shall be
  107  returned to the loan fund and made available for loans to other
  108  applicants. However, in a rural area of opportunity designated
  109  by the Governor, and upon approval by the department, repayments
  110  of principal and interest may be retained by the applicant if
  111  such repayments are dedicated and matched to fund regionally
  112  based economic development organizations representing the rural
  113  area of opportunity.
  114         Section 4. Subsection (1), paragraphs (b), (c), and (e) of
  115  subsection (2), and subsection (3) of section 288.0655, Florida
  116  Statutes, are amended to read:
  117         288.0655 Rural Infrastructure Fund.—
  118         (1) There is created within the department the Rural
  119  Infrastructure Fund to facilitate the planning, preparing, and
  120  financing of infrastructure projects in rural communities which
  121  will encourage job creation, capital investment, and the
  122  strengthening and diversification of rural economies by
  123  promoting tourism, trade, and economic development.
  124         (2)
  125         (b) To facilitate access of rural communities and rural
  126  areas of opportunity as defined by the Rural Economic
  127  Development Initiative to infrastructure funding programs of the
  128  Federal Government, such as those offered by the United States
  129  Department of Agriculture and the United States Department of
  130  Commerce, and state programs, including those offered by Rural
  131  Economic Development Initiative agencies, and to facilitate
  132  local government or private infrastructure funding efforts, the
  133  department may award grants for up to 75 50 percent of the total
  134  infrastructure project cost, or up to 100 percent of the total
  135  infrastructure project cost for a project located in a rural
  136  community as defined in s. 288.0656(2)(e) or a rural area of
  137  opportunity as defined in s. 288.0656(2)(d), either of which is
  138  also located in a fiscally constrained county as defined in s.
  139  218.67(1). Eligible projects must be related to specific job
  140  creation or job-retention opportunities. Eligible uses of funds
  141  projects may also include improving any inadequate
  142  infrastructure that has resulted in regulatory action that
  143  prohibits economic or community growth, reducing the costs to
  144  community users of proposed infrastructure improvements that
  145  exceed such costs in comparable communities, and improving
  146  access to and the availability of broadband Internet service.
  147  Eligible uses of funds shall include improvements to public
  148  infrastructure for industrial or commercial sites, upgrades to
  149  or development of public tourism infrastructure, and
  150  improvements to broadband Internet service and access in
  151  unserved or underserved rural communities. Improvements to
  152  broadband Internet service and access must be conducted through
  153  a partnership or partnerships with one or more dealers, as
  154  defined in s. 202.11(2), and the partnership or partnerships
  155  must be established through a competitive selection process that
  156  is publicly noticed. Authorized infrastructure may include the
  157  following public or public-private partnership facilities: storm
  158  water systems; telecommunications facilities; broadband
  159  facilities; roads or other remedies to transportation
  160  impediments; nature-based tourism facilities; or other physical
  161  requirements necessary to facilitate tourism, trade, and
  162  economic development activities in the community. Authorized
  163  infrastructure may also include publicly or privately owned
  164  self-powered nature-based tourism facilities, publicly owned
  165  telecommunications facilities, and broadband facilities, and
  166  additions to the distribution facilities of the existing natural
  167  gas utility as defined in s. 366.04(3)(c), the existing electric
  168  utility as defined in s. 366.02, or the existing water or
  169  wastewater utility as defined in s. 367.021(12), or any other
  170  existing water or wastewater facility, which owns a gas or
  171  electric distribution system or a water or wastewater system in
  172  this state where:
  173         1. A contribution-in-aid of construction is required to
  174  serve public or public-private partnership facilities under the
  175  tariffs of any natural gas, electric, water, or wastewater
  176  utility as defined herein; and
  177         2. Such utilities as defined herein are willing and able to
  178  provide such service.
  179         (c) To facilitate timely response and induce the location
  180  or expansion of specific job creating opportunities, The
  181  department may award grants of up to $300,000 for infrastructure
  182  feasibility studies, design and engineering activities, or other
  183  infrastructure planning and preparation activities. Authorized
  184  grants shall be up to $50,000 for an employment project with a
  185  business committed to create at least 100 jobs; up to $150,000
  186  for an employment project with a business committed to create at
  187  least 300 jobs; and up to $300,000 for a project in a rural area
  188  of opportunity. Grants awarded under this paragraph may be used
  189  in conjunction with grants awarded under paragraph (b), provided
  190  that the total amount of both grants does not exceed 30 percent
  191  of the total project cost. In evaluating applications under this
  192  paragraph, the department shall consider the extent to which the
  193  application seeks to minimize administrative and consultant
  194  expenses.
  195         (e) To enable local governments to access the resources
  196  available pursuant to s. 403.973(18), the department may award
  197  grants for surveys, feasibility studies, and other activities
  198  related to the identification and preclearance review of land
  199  which is suitable for preclearance review. Authorized grants
  200  under this paragraph do not require a local match and may not
  201  exceed $75,000 each, except in the case of a project in a rural
  202  area of opportunity, in which case the grant may not exceed
  203  $300,000. Any funds awarded under this paragraph must be matched
  204  at a level of 50 percent with local funds, except that any funds
  205  awarded for a project in a rural area of opportunity must be
  206  matched at a level of 33 percent with local funds. If an
  207  application for funding is for a catalyst site, as defined in s.
  208  288.0656, the requirement for local match may be waived pursuant
  209  to the process in s. 288.06561. In evaluating applications under
  210  this paragraph, the department shall consider the extent to
  211  which the application seeks to minimize administrative and
  212  consultant expenses.
  213         (3) The department, in consultation with Enterprise
  214  Florida, Inc., the Florida Tourism Industry Marketing
  215  Corporation, the Department of Environmental Protection, and the
  216  Florida Fish and Wildlife Conservation Commission, as
  217  appropriate, shall review and certify applications pursuant to
  218  s. 288.061. The review shall include an evaluation of the
  219  economic benefit of the projects and their long-term viability.
  220  The department shall have final approval for any grant under
  221  this section.
  222         Section 5. This act shall take effect July 1, 2023.