Florida Senate - 2023                      CS for CS for SB 1482
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Transportation, Tourism, and Economic Development; and
       Senator Simon
       
       
       
       594-04265-23                                          20231482c2
    1                        A bill to be entitled                      
    2         An act relating to rural development; amending s.
    3         215.971, F.S.; requiring certain agency agreements to
    4         include a provision authorizing the agency to provide
    5         for the payment of specified invoices to certain
    6         counties or municipalities for certain verified and
    7         eligible performance; providing intent; providing
    8         construction; amending s. 288.0655, F.S.; revising the
    9         percentages of total infrastructure project cost which
   10         the Department of Economic Opportunity may award
   11         through grants from the Rural Infrastructure Fund;
   12         providing authorized uses of eligible funds; deleting
   13         a provision requiring that eligible projects be
   14         related to specified opportunities; deleting
   15         provisions allowing eligible funds to be used for
   16         broadband Internet service and access; authorizing the
   17         department to award grants up to a specified amount
   18         for specified planning and preparation activities;
   19         deleting a restriction on dual grant awards being used
   20         which would exceed a specified percentage threshold;
   21         revising a provision that requires that awarded funds
   22         for specified surveys or other activities be matched
   23         with a specified amount of local funds; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (h) is added to subsection (1) of
   29  section 215.971, Florida Statutes, to read:
   30         215.971 Agreements funded with federal or state
   31  assistance.—
   32         (1) An agency agreement that provides state financial
   33  assistance to a recipient or subrecipient, as those terms are
   34  defined in s. 215.97, or that provides federal financial
   35  assistance to a subrecipient, as defined by applicable United
   36  States Office of Management and Budget circulars, must include
   37  all of the following:
   38         (h)If the agency agreement provides federal or state
   39  financial assistance to a county or municipality that is a rural
   40  community or rural area of opportunity as those terms are
   41  defined in s. 288.0656(2), a provision that allows the agency to
   42  provide for the payment of invoices to the county or
   43  municipality for verified and eligible performance that has been
   44  completed in accordance with the terms and conditions set forth
   45  in the agreement. This provision is included to alleviate the
   46  financial hardships that certain rural counties and
   47  municipalities encounter when administering agreements, and must
   48  be exercised by the agency when a county or municipality
   49  demonstrates financial hardship, to the extent that federal or
   50  state law, rule, or other regulation allows such payments. This
   51  paragraph may not be construed to alter or limit any other
   52  provisions of federal or state law, rule, or other regulation.
   53         Section 2. Paragraphs (b), (c), and (e) of subsection (2)
   54  and subsection (3) of section 288.0655, Florida Statutes, are
   55  amended to read:
   56         288.0655 Rural Infrastructure Fund.—
   57         (2)
   58         (b) To facilitate access of rural communities and rural
   59  areas of opportunity as defined by the Rural Economic
   60  Development Initiative to infrastructure funding programs of the
   61  Federal Government, such as those offered by the United States
   62  Department of Agriculture and the United States Department of
   63  Commerce, and state programs, including those offered by Rural
   64  Economic Development Initiative agencies, and to facilitate
   65  local government or private infrastructure funding efforts, the
   66  department may award grants for up to 75 50 percent of the total
   67  infrastructure project cost, or up to 100 percent of the total
   68  infrastructure project cost for a project located in a rural
   69  community as defined in s. 288.0656(2) which is also located in
   70  a fiscally constrained county as defined in s. 218.67(1) or a
   71  rural area of opportunity as defined in s. 288.0656(2). Eligible
   72  projects must be related to specific job-creation or job
   73  retention opportunities. Eligible uses of funds projects may
   74  also include improving any inadequate infrastructure that has
   75  resulted in regulatory action that prohibits economic or
   76  community growth, reducing the costs to community users of
   77  proposed infrastructure improvements that exceed such costs in
   78  comparable communities, and improving access to and the
   79  availability of broadband Internet service. Eligible uses of
   80  funds shall include improvements to public infrastructure for
   81  industrial or commercial sites and, upgrades to or development
   82  of public tourism infrastructure, and improvements to broadband
   83  Internet service and access in unserved or underserved rural
   84  communities. Improvements to broadband Internet service and
   85  access must be conducted through a partnership or partnerships
   86  with one or more dealers, as defined in s. 202.11(2), and the
   87  partnership or partnerships must be established through a
   88  competitive selection process that is publicly noticed.
   89  Authorized infrastructure may include the following public or
   90  public-private partnership facilities: storm water systems;
   91  telecommunications facilities; broadband facilities; roads or
   92  other remedies to transportation impediments; nature-based
   93  tourism facilities; or other physical requirements necessary to
   94  facilitate tourism, trade, and economic development activities
   95  in the community. Authorized infrastructure may also include
   96  publicly or privately owned self-powered nature-based tourism
   97  facilities, publicly owned telecommunications facilities, and
   98  broadband facilities, and additions to the distribution
   99  facilities of the existing natural gas utility as defined in s.
  100  366.04(3)(c), the existing electric utility as defined in s.
  101  366.02, or the existing water or wastewater utility as defined
  102  in s. 367.021(12), or any other existing water or wastewater
  103  facility, which owns a gas or electric distribution system or a
  104  water or wastewater system in this state when where:
  105         1. A contribution-in-aid of construction is required to
  106  serve public or public-private partnership facilities under the
  107  tariffs of any natural gas, electric, water, or wastewater
  108  utility as defined herein; and
  109         2. Such utilities as defined herein are willing and able to
  110  provide such service.
  111         (c) To facilitate timely response and induce the location
  112  or expansion of specific job creating opportunities, The
  113  department may award grants of up to $300,000 for infrastructure
  114  feasibility studies, design and engineering activities, or other
  115  infrastructure planning and preparation activities. Authorized
  116  grants shall be up to $50,000 for an employment project with a
  117  business committed to create at least 100 jobs; up to $150,000
  118  for an employment project with a business committed to create at
  119  least 300 jobs; and up to $300,000 for a project in a rural area
  120  of opportunity. Grants awarded under this paragraph may be used
  121  in conjunction with grants awarded under paragraph (b), provided
  122  that the total amount of both grants does not exceed 30 percent
  123  of the total project cost. In evaluating applications under this
  124  paragraph, the department shall consider the extent to which the
  125  application seeks to minimize administrative and consultant
  126  expenses.
  127         (e) To enable local governments to access the resources
  128  available pursuant to s. 403.973(18), the department may award
  129  grants for surveys, feasibility studies, and other activities
  130  related to the identification and preclearance review of land
  131  which is suitable for preclearance review. Authorized grants
  132  under this paragraph may not exceed $75,000 each, except in the
  133  case of a project in a rural area of opportunity, in which case
  134  the grant may not exceed $300,000. Any funds awarded under this
  135  paragraph must be matched at a level of 50 percent with local
  136  funds, except that any funds awarded for a project in a rural
  137  area of opportunity do not require a match of must be matched at
  138  a level of 33 percent with local funds. If an application for
  139  funding is for a catalyst site, as defined in s. 288.0656, the
  140  requirement for local match may be waived pursuant to the
  141  process in s. 288.06561. In evaluating applications under this
  142  paragraph, the department shall consider the extent to which the
  143  application seeks to minimize administrative and consultant
  144  expenses.
  145         (3) The department, in consultation with Enterprise
  146  Florida, Inc., the Florida Tourism Industry Marketing
  147  Corporation, the Department of Environmental Protection, and the
  148  Florida Fish and Wildlife Conservation Commission, as
  149  appropriate, shall review and certify applications pursuant to
  150  s. 288.061. The review must shall include an evaluation of the
  151  economic benefit of the projects and their long-term viability.
  152  The department shall have final approval for any grant under
  153  this section.
  154         Section 3. This act shall take effect July 1, 2023.