July 11, 2020
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_h7107__
HB 7107

1
A bill to be entitled
2An act relating to review of the Department of Community
3Affairs under the Florida Government Accountability Act;
4reenacting and amending s. 20.18, F.S., relating to the
5establishment of the department and the divisions and
6offices thereof, and the powers, duties, and functions of
7the Department of Community Affairs and its divisions and
8offices; providing rulemaking authority of the department
9with respect to the administration of the Front Porch
10Florida initiative; requiring ratification of the rules by
11the Legislature; amending s. 380.502, F.S.; revising
12legislative findings and intent with respect to the
13Florida Communities Trust Act; amending s. 380.503, F.S.;
14removing a definition; amending s. 380.507, F.S.; revising
15powers of the Florida Communities Trust; amending s.
16380.508, F.S.; revising guidelines for projects or
17activities undertaken, coordinated, or funded by the
18Florida Communities Trust to eliminate requirements of the
19trust with respect to cooperation with local governments,
20state agencies, federal agencies, and nonprofit
21organizations to ensure the reservation of lands for
22parks, recreation, fish and wildlife habitat, historical
23preservation, or scientific study; eliminating provisions
24which specify authorized project costs under the Florida
25Communities Trust Act and requirements of the trust in
26undertaking or coordinating projects or activities
27authorized by the act; amending s. 380.510, F.S.; removing
28references to loans made by the trust, to conform;
29amending s. 380.511, F.S.; correcting cross-references;
30repealing ss. 163.455, 163.456, 163.457, 163.458, 163.459,
31163.460, 163.461, and 163.462, F.S., the Community-Based
32Development Organization Assistance Act; amending s.
33189.4035, F.S.; revising procedures and requirements with
34respect to the compilation by the Department of Community
35Affairs of an official list of special districts;
36requiring that the official list of special districts be
37made available electronically; amending s. 189.412, F.S.;
38providing for electronic availability of the master list
39of independent and dependent special districts under the
40Special District Information Program of the department;
41providing access requirements; providing for electronic
42publishing and updating of the Florida Special District
43Handbook; amending s. 189.427, F.S.; revising the payment
44of costs of administering the "Uniform Special District
45Accountability Act of 1989"; providing for the type two
46transfer of the Small County Technical Assistance Program
47in the Department of Agriculture and Consumer Services to
48the Department of Community Affairs; reenacting and
49amending s. 163.05, F.S.; providing duties of the
50Secretary of Community Affairs with respect to the Small
51County Technical Assistance Program; amending s. 215.559,
52F.S.; requiring the Department of Community Affairs to
53develop specified hurricane loss mitigation programs in
54consultation with the Division of Emergency Management;
55requiring the department to adopt rules for the
56administration of specified grants; requiring ratification
57of the rules by the Legislature; providing for the type
58two transfer of the powers, duties, functions, personnel,
59property, and unexpended balances of appropriations of the
60Hurricane Loss Mitigation Program Advisory Council to the
61Division of Emergency Management of the Department of
62Community Affairs; amending s. 201.15, F.S.; eliminating  
63the distribution of excise taxes on documents to the
64Century Commission; providing an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Section 20.18, Florida Statutes, is reenacted
69and amended to read:
70     20.18  Department of Community Affairs.-There is created a
71Department of Community Affairs.
72     (1)  The head of the Department of Community Affairs is the
73Secretary of Community Affairs. The secretary shall be appointed
74by the Governor subject to confirmation by the Senate. The
75secretary shall serve at the pleasure of the Governor.
76     (2)  The following units of the Department of Community
77Affairs are established:
78     (a)  Division of Emergency Management. The division is a
79separate budget entity and is not subject to control,
80supervision, or direction by the Department of Community Affairs
81in any manner including, but not limited to, personnel,
82purchasing, transactions involving personal property, and
83budgetary matters. The division director shall be appointed by
84the Governor, shall serve at the pleasure of the Governor, and
85shall be the agency head of the division for all purposes. The
86division shall enter into a service agreement with the
87department for professional, technological, and administrative
88support services. The division shall collaborate and coordinate
89with the department on nonemergency response matters, including,
90but not limited to, disaster recovery programs, grant programs,
91mitigation programs, and emergency matters related to
92comprehensive 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
96Community Affairs shall appoint the directors or executive
97directors of any commission or council assigned to the
98department, who shall serve at his or her pleasure as provided
99for division directors in s. 110.205. The appointment or
100termination by the secretary will be done with the advice and
101consent of the commission or council; and the director or
102executive director may employ, subject to departmental rules and
103procedures, such personnel as may be authorized and necessary.
104     (4)  In addition to its other powers, duties, and
105functions, the department shall, under the general supervision
106of the secretary and the Interdepartmental Coordinating Council
107on Community Services, assist and encourage the development of
108state programs by the various departments for the productive use
109of human resources, and the department shall work with other
110state agencies in order that together they might:
111     (a)  Effect the coordination, by the responsible agencies
112of the state, of the career and adult educational programs of
113the state in order to provide the maximum use and meaningful
114employment of persons completing courses of study from such
115programs;
116     (b)  Assist the Department of Commerce in the development
117of employment opportunities; and
118     (c)  Improve the enforcement of special district reporting
119requirements and the communication among state agencies that
120receive mandatory reports from special districts.
121     (5)  The role of state government required by part I of
122chapter 421 (Housing Authorities Law), chapter 422 (Housing
123Cooperation Law), and chapter 423 (tax exemption of housing
124authorities) is the responsibility of the Department of
125Community Affairs; and the department is the agency of state
126government responsible for the state's role in housing and urban
127development.
128     (6)  The Office of Urban Opportunity is created within the
129Department of Community Affairs. The purpose of the office is to
130administer the Front Porch Florida initiative, a comprehensive,
131community-based urban core redevelopment program that enables
132urban core residents to craft solutions to the unique challenges
133of each designated community. The department shall adopt rules
134for the administration of the Front Porch Florida initiative.
135The rules shall not become effective until ratified by the
136Legislature.
137     Section 2.  Subsection (3) of section 380.502, Florida
138Statutes, is amended to read:
139     380.502  Legislative findings and intent.-
140     (3)  It is the intent of the Legislature to establish a
141nonregulatory agency that will assist local governments in
142bringing local comprehensive plans into compliance and
143implementing the goals, objectives, and policies of the
144conservation, recreation and open space, and coastal elements of
145local comprehensive plans, or in conserving natural resources
146and resolving land use conflicts by:
147     (a)  Responding promptly and creatively to opportunities to
148correct undesirable development patterns, restore degraded
149natural areas, enhance resource values, restore deteriorated or
150deteriorating urban waterfronts, preserve working waterfronts,
151reserve lands for later purchase, participate in and promote the
152use of innovative land acquisition methods, and provide public
153access to surface waters.
154     (b)  Providing financial and technical assistance to local
155governments, state agencies, and nonprofit organizations to
156carry out projects and activities and to develop programs
157authorized by this part.
158     (c)  Involving local governments and private interests in
159voluntarily resolving land use conflicts and issues.
160     Section 3.  Subsection (12) of section 380.503, Florida
161Statutes, is amended, and subsections (13) through (18) of that
162section are renumbered as subsections (12) through (17),
163respectively, to read:
164     380.503  Definitions.-As used in ss. 380.501-380.515,
165unless the context indicates a different meaning or intent:
166     (12)  "Site reservation" means temporarily acquiring and
167holding areas identified for public use, then transferring the
168land to an appropriate state agency, local government, or
169nonprofit organization for management for public use.
170     Section 4.  Subsections (2), (3), (6), and (7) of section
171380.507, Florida Statutes, are amended to read:
172     380.507  Powers of the trust.-The trust shall have all the
173powers necessary or convenient to carry out the purposes and
174provisions of this part, including:
175     (2)  To undertake, coordinate, or fund activities and
176projects which will help bring local comprehensive plans into
177compliance and help implement the goals, objectives, and
178policies of the conservation, recreation and open space, and
179coastal elements of local comprehensive plans, or which will
180otherwise serve to conserve natural resources and resolve land
181use 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
190governments, state agencies, water management districts,
191regional planning councils, and nonprofit agencies to carry out
192projects and activities and develop programs to achieve the
193purposes of this part.
194     (6)  To award grants and make loans to local governments
195and nonprofit organizations for the purposes listed in
196subsection (2) and for acquiring fee title and less than fee
197title, such as conservation easements or other interests in
198land, for the purposes of this part.
199     (7)  To provide by grant or loan up to the total cost of
200any project approved according to this part, including the local
201share of federally supported projects. The trust may require
202local funding participation in projects. The trust shall
203determine the funding it will provide by considering the total
204amount of funding available for the project, the fiscal
205resources of other project participants, the urgency of the
206project relative to other eligible projects, and other factors
207which the trust shall have prescribed by rule. The trust may
208fund up to 100 percent of any local government land acquisition
209costs, if part of an approved project.
210     Section 5.  Subsections (4) and (5) of section 380.508,
211Florida Statutes, are amended to read:
212     380.508  Projects; development, review, and approval.-
213     (4)  Projects or activities which the trust undertakes,
214coordinates, or funds in any manner shall comply with the
215following guidelines:
216     (a)  The purpose of redevelopment projects shall be to
217restore areas which are adversely affected by scattered
218ownership, poor lot layout, inadequate park and open space,
219incompatible land uses, or other conditions which endanger the
220environment or impede orderly development. Grants and loans
221awarded for redevelopment projects shall be used for assembling
222parcels of land within redevelopment project areas for the
223redesign of such areas and for the installation of public
224improvements required to serve such areas. After redesign and
225installation of public improvements, if any, lands in
226redevelopment projects, with the exception of lands acquired for
227public purposes, shall be conveyed to any person for development
228in accordance with a redevelopment project plan approved
229according to this part.
230     (b)  The purpose of resource enhancement projects shall be
231to enhance natural resources which, because of indiscriminate
232dredging or filling, improper location of improvements, natural
233or human-induced events, or incompatible land uses, have
234suffered loss of natural and scenic values. Grants and loans
235awarded for resource enhancement projects shall be used for the
236assembly of parcels of land to improve resource management, for
237relocation of improperly located or designed improvements, and
238for other corrective measures which will enhance the natural and
239scenic character of project areas.
240     (c)  The purpose of public access projects shall be to
241acquire interests in and initially develop lands which are
242suitable for and which will be used for public accessways to
243surface waters. The trust shall identify local governments and
244nonprofit organizations which will accept responsibility for
245maintenance and liability for public accessways which are
246located outside the state park system. The trust may lease any
247public access site developed under this part to a local
248government or nonprofit organization, provided that the
249conditions of the lease guarantee public use of the site. The
250trust may accept, from any local government or nonprofit
251organization, fees collected for providing public access to
252surface waters. The trust shall expend any such funds it accepts
253only for acquisition, development, and maintenance of such
254public accessways. To the maximum extent possible, the trust
255shall expend such fees in the general area where they are
256collected or in areas where public access to surface waters is
257clearly deficient. The trust may transfer funds, including such
258fees, to a local government or nonprofit organization to acquire
259public access sites. In developing or coordinating public access
260projects, the trust shall ensure that project plans involving
261beach access are consistent with state laws governing beach
262access.
263     (d)  The purpose of urban waterfront restoration projects
264shall be to restore deteriorated or deteriorating urban
265waterfronts for public use and enjoyment. Urban waterfront
266restoration projects shall include public access sites.
267     (e)  The purpose of working waterfront projects shall be to
268restore and preserve working waterfronts as provided in s.
269380.5105.
270     (f)  The trust shall cooperate with local governments,
271state agencies, federal agencies, and nonprofit organizations in
272ensuring the reservation of lands for parks, recreation, fish
273and wildlife habitat, historical preservation, or scientific
274study. In the event that any local government, state agency,
275federal agency, or nonprofit organization is unable, due to
276limited financial resources or other circumstances of a
277temporary nature, to acquire a site for the purposes described
278in this paragraph, the trust may acquire and hold the site for
279subsequent conveyance to the appropriate governmental agency or
280nonprofit organization. The trust may provide such technical
281assistance as is required to aid local governments, state and
282federal agencies, and nonprofit organizations in completing
283acquisition and related functions. The trust shall not reserve
284lands acquired in accordance with this paragraph for more than 5
285years from the time of acquisition. A local government, federal
286or state agency, or nonprofit organization may acquire the land
287at any time during this period for public purposes. The purchase
288price shall be based upon the trust's cost of acquisition, plus
289administrative and management costs in reserving the land. The
290payment of this purchase price shall be by money, trust-approved
291property of an equivalent value, or a combination of money and
292trust-approved property. If, after the 5-year period, the trust
293has not sold to a governmental agency or nonprofit organization
294land acquired for site reservation, the trust shall dispose of
295such land at fair market value or shall trade it for other land
296of comparable value which will serve to accomplish the purposes
297of this part. Any proceeds from the sale of such land shall be
298deposited in the Florida Communities Trust Fund.
299
300Project costs may include costs of providing parks, open space,
301public access sites, scenic easements, and other areas and
302facilities serving the public where such features are part of a
303project plan approved according to this part. In undertaking or
304coordinating projects or activities authorized by this part, the
305trust shall, when appropriate, use and promote the use of
306creative land acquisition methods, including the acquisition of
307less than fee interest through, among other methods,
308conservation easements, transfer of development rights, leases,
309and leaseback arrangements. The trust also shall assist local
310governments in the use of sound alternative methods of financing
311for funding projects and activities authorized by this part. Any
312funds over and above eligible project costs, which remain after
313completion of a project approved according to this part, shall
314be transmitted to the state and deposited in the Florida
315Communities Trust Fund.
316     (5)  The governing body of the trust shall approve
317projects, project plans, and grants, and loans according to
318rules which it shall have adopted and which are consistent with
319the provisions of this part. In reviewing project plans and
320grant and loan applications, the trust shall seek to promote
321excellence of design and shall encourage projects which
322integrate structures into the natural environment.
323     Section 6.  Section 380.510, Florida Statutes, is amended
324to read:
325     380.510  Conditions of grants and loans.-
326     (1)  The trust may seek repayment of funds loaned pursuant
327to this part on terms and conditions as it deems appropriate to
328carry out the provisions of this part.
329     (2)  Trust loan applications may include a requirement that
330the loan include all reasonable and necessary administrative
331costs that the trust incurs in processing and administering the
332loan application.
333     (1)(3)  In the case of a grant or loan for land
334acquisition, agreements shall provide all of the following:
335     (a)  The trust shall approve the terms under which the
336interest in land is acquired.
337     (b)  The transfer of land acquired with a trust grant or
338loan shall be subject to the approval of the trust, and the
339trust shall enter into a new agreement with the transferee,
340containing such covenants, reverter clauses, or other
341restrictions as are sufficient to protect the interest of the
342people of Florida.
343     (c)  The interest in land acquired with a loan or grant
344from the trust may not serve as security for any debt the
345grantee or borrower incurs unless the trust approves the
346transaction.
347     (d)  If any essential term or condition of a grant or loan
348is violated, title to all interest in real property acquired
349with state funds shall be conveyed or revert to the Board of
350Trustees of the Internal Improvement Trust Fund. The trust shall
351treat such property in accordance with s. 380.508(4)(f).
352     (e)  If the existence of a nonprofit organization or local
353government terminates for any reason, title to all interest in
354real property it has acquired with state funds shall be conveyed
355or revert to the Board of Trustees of the Internal Improvement
356Trust Fund, unless the trust negotiates an agreement with
357another local government or nonprofit organization which agrees
358to accept title to all interest in and to manage the property.
359     (f)  The term of any grant using funds received from the
360Preservation 2000 Trust Fund, pursuant to s. 259.101(3)(c),
361shall be for a period not to exceed 24 months. The governing
362board of the trust may offer a grant with a shorter term and may
363extend a grant beyond 24 months when the grant recipient
364demonstrates that significant progress is being made toward
365closing the project or that extenuating circumstances warrant an
366extension of time. If a local government project which was
367awarded a grant is not closed within 24 months and the governing
368board of the trust does not grant an extension, the grant
369reverts to the trust's unencumbered balance of Preservation 2000
370funds to be redistributed to other eligible projects. The local
371government may reapply for a grant to fund the project in the
372trust's next application cycle.
373
374Any deed or other instrument of conveyance whereby a nonprofit
375organization or local government acquires real property under
376this section shall set forth the interest of the state. The
377trust shall keep at least one copy of any such instrument and
378shall provide at least one copy to the Board of Trustees of the
379Internal Improvement Trust Fund.
380     (2)(4)  The trust shall require in a grant or loan
381agreement terms sufficient to protect the public interest in any
382improvement or development constructed under a grant or loan to
383a nonprofit organization or local government. The agreement
384shall describe with particularity any real property which is
385subject to the agreement, and the trust shall record the
386agreement in the county in which the real property is located.
387     (3)(5)  Any funds the trust collects from a nonprofit
388organization or local government under a grant or loan agreement
389shall be deposited in the Florida Communities Trust Fund.
390     (6)  Funds the trust loans for land acquisition may, in
391part, be used to pay reasonable real estate commission fees.
392     (4)(7)  Any funds received by the trust from the
393Preservation 2000 Trust Fund pursuant to s. 259.101(3)(c) and
394the Florida Forever Trust Fund pursuant to s. 259.105(3)(c)
395shall be held separate and apart from any other funds held by
396the trust and shall be used for the land acquisition purposes of
397this part. In addition to the other conditions set forth in this
398section, the disbursement of Preservation 2000 and Florida
399Forever funds from the trust shall be subject to the following
400conditions:
401     (a)  The administration and use of any funds received by
402the trust from the Preservation 2000 Trust Fund and the Florida
403Forever Trust Fund shall be subject to such terms and conditions
404imposed thereon by the agency of the state responsible for the
405bonds, the proceeds of which are deposited in the Preservation
4062000 Trust Fund and the Florida Forever Trust Fund, including
407restrictions imposed to ensure that the interest on any such
408bonds issued by the state as tax-exempt bonds will not be
409included in the gross income of the holders of such bonds for
410federal income tax purposes.
411     (b)  All deeds or leases with respect to any real property
412acquired with funds received by the trust from the Preservation
4132000 Trust Fund shall contain such covenants and restrictions as
414are sufficient to ensure that the use of such real property at
415all times complies with s. 375.051 and s. 9, Art. XII of the
416State Constitution. All deeds or leases with respect to any real
417property acquired with funds received by the trust from the
418Florida Forever Trust Fund shall contain such covenants and
419restrictions as are sufficient to ensure that the use of such
420real property at all times complies with s. 11(e), Art. VII of
421the State Constitution. Each deed or lease shall contain a
422reversion, conveyance, or termination clause that will vest
423title in the Board of Trustees of the Internal Improvement Trust
424Fund if any of the covenants or restrictions are violated by the
425titleholder or leaseholder or by some third party with the
426knowledge of the titleholder or leaseholder.
427     Section 7.  Subsections (2) and (3) of section 380.511,
428Florida Statutes, are amended to read:
429     380.511  Florida Communities Trust Fund.-
430     (2)  The trust may expend any moneys in the Florida
431Communities Trust Fund to acquire land, water areas, and related
432resources; to provide technical assistance to local governments
433to establish transfer of development rights programs within
434their jurisdictions; and to construct, improve, enlarge, extend,
435operate, and maintain capital improvements and facilities in
436accordance with this part, except as limited by s.
437380.510(4)(7).
438     (3)  The trust may disburse moneys in the Florida
439Communities Trust Fund to pay all necessary expenses to carry
440out the purposes of this part, except as limited by s.
441380.510(4)(7).
442     Section 8.  Sections 163.455, 163.456, 163.457, 163.458,
443163.459, 163.460, 163.461, and 163.462, Florida Statutes, are
444repealed.
445     Section 9.  Section 189.4035, Florida Statutes, is amended
446to read:
447     189.4035  Preparation of official list of special
448districts.-
449     (1)  The Department of Community Affairs shall compile the
450official list of special districts pursuant to s. 189.412(2).
451The official list of special districts shall include all special
452districts in this state and shall indicate the independent or
453dependent status of each district. All special districts in the
454list shall be sorted by county. The definitions in s. 189.403
455shall be the criteria for determination of the independent or
456dependent status of each special district on the official list.
457The status of community development districts shall be
458independent on the official list of special districts.
459     (2)  The official list shall be produced by the department
460after the department has notified each special district that is
461currently reporting to the department, the Department of
462Financial Services pursuant to s. 218.32, or the Auditor General
463pursuant to s. 218.39. Upon notification, each special district
464shall submit, within 60 days, its determination of its status.
465The determination submitted by a special district shall be
466consistent with the status reported in the most recent local
467government audit of district activities submitted to the Auditor
468General pursuant to s. 218.39.
469     (2)(3)  The Department of Financial Services shall provide
470the department with a list of entities dependent special
471districts reporting pursuant to s. 218.32 that appear to be
472special districts but are not included on the for inclusion on
473the official list of special districts. The Auditor
474shall provide the department with a list of entities reporting
475pursuant to s. 218.39 that appear to be special districts but
476are not included on the official list of special districts.
477     (3)(4)  The department shall contact each entity reported
478pursuant to subsection (2) to determine whether such entity
479meets the definition of a special district pursuant to s.
480189.403. Within 60 days after being contacted by the department,
481each entity shall submit to the department confirmation of its
482status as an independent special district or a dependent special
483district, or acknowledgment that the entity is not a special
484district. If an entity a special district does not submit
485confirmation of its status to the department within the required
486time period, then the department shall have the authority to
487determine the status of the entity said district. After such
488determination of status is completed, the department shall
489convey render the determination to an agent of the entity
490special district.
491     (4)(5)  The official list of special districts shall be
492made available electronically distributed by the department on
493October 1 of each year to the President of the Senate, the
494Speaker of the House of Representatives, the Auditor General,
495the Department of Revenue, the Department of Financial Services,
496the Department of Management Services, the State Board of
497Administration, counties, municipalities, county property
498appraisers, tax collectors, and supervisors of elections and to
499all interested parties pursuant to s. 189.412 who request the
500list.
501     (5)(6)  The compilation Preparation of the official list of
502special districts or the determination of status does not
503constitute final agency action pursuant to chapter 120. If the
504status of a special district on the official list disputes its
505status on the official list is inconsistent with the status
506submitted by the district, the district may request the
507department to issue a declaratory statement setting forth the
508requirements necessary to resolve the inconsistency. If
509necessary, upon issuance of a declaratory statement by the
510department which is not appealed pursuant to chapter 120, the
511governing board of any special district receiving such a
512declaratory statement shall apply to the entity which originally
513established the district for an amendment to its charter
514correcting the specified defects in its original charter. This
515amendment shall be for the sole purpose of resolving
516inconsistencies between a district charter and the status of a
517district as it appears on the official list. Such application
518shall occur as follows:
519     (a)  In the event a special district was created by a local
520general-purpose government or state agency and applies for an
521amendment to its charter to confirm its independence, said
522application shall be granted as a matter of right. If
523application by an independent district is not made within 6
524months of rendition of a declaratory statement, the district
525shall be deemed dependent and become a political subdivision of
526the governing body which originally established it by operation
527of law.
528     (b)  If the Legislature created a special district, the
529district shall request, by resolution, an amendment to its
530charter by the Legislature. Failure to apply to the Legislature
531for an amendment to its charter during the next regular
532legislative session following rendition of a declaratory
533statement or failure of the Legislature to pass a special act
534shall render the district dependent.
535     Section 10.  Subsections (2) and (3) of section 189.412,
536Florida Statutes, are amended to read:
537     189.412  Special District Information Program; duties and
538responsibilities.-The Special District Information Program of
539the Department of Community Affairs is created and has the
540following special duties:
541     (2)  The maintenance of a master list of all independent
542and dependent special districts pursuant to s. 189.4035, which
543shall be annually updated and made available electronically on
544the department's website. Such access shall at minimum allow the
545sorting of special districts by county and by dependent or
546independent status distributed to the appropriate officials in
547state and local governments.
548     (3)  The electronic publishing and updating of a "Florida
549Special District Handbook" that contains, at a minimum:
550     (a)  A section that specifies definitions of special
551districts and status distinctions in the statutes.
552     (b)  A section or sections that specify current statutory
553provisions for special district creation, implementation,
554modification, dissolution, and operating procedures.
555     (c)  A section that summarizes the reporting requirements
556applicable to all types of special districts as provided in ss.
557189.417 and 189.418.
558     Section 11.  Section 189.427, Florida Statutes, is amended
559to read:
560     189.427  Fee schedule; Operating Trust Fund.-The Department
561of Community Affairs, by rule, shall establish a schedule of
562fees to pay one-half of the costs incurred by the department in
563administering this act, except that the fee may not exceed $175
564per district per year. The fees collected under this section
565shall be deposited in the Operating Trust Fund, which shall be
566administered by the Department of Community Affairs. Any fee
567rule must consider factors such as the dependent and independent
568status of the district and district revenues for the most recent
569fiscal year as reported to the Department of Financial Services.
570The department may assess fines of not more than $25, with an
571aggregate total not to exceed $50, as penalties against special
572districts that fail to remit required fees to the department by
573the deadline. It is the intent of the Legislature that general
574revenue funds will be made available to the department to pay
575one-half of the cost of administering this act.
576     Section 12.  All powers, duties, functions, records,
577personnel, property; unexpended balances of appropriations,
578allocations, or other funds; administrative authority;
579administrative rules; pending issues; and existing contracts of
580the Small County Technical Assistance Program in the Department
581of Agriculture and Consumer Services, as authorized and governed
582by s. 163.05, Florida Statutes, are transferred by a type two
583transfer, as defined in s. 20.06(2), Florida Statutes, to the
584Department of Community Affairs.
585     Section 13.  Section 163.05, Florida Statutes, is reenacted
586and 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
590residing in the unincorporated areas is relatively high based on
591the United States Decennial Census of 2000.
592     (b)  Projected revenue and expenditure trends of the small
593counties indicate that a serious fiscal condition has developed
594that could require a number of small counties to declare
595financial emergencies.
596     (c)  Fiscal shortfalls persist even though 12 of the small
597counties levied the maximum ad valorem millage authorized in
598their jurisdictions in 2001 and an additional 15 small counties
599levied between 8 and 10 mills.
600     (d)  State and federal mandates will continue to place
601additional funding demands on small counties.
602     (2)  Recognizing the findings in subsection (1), the
603Legislature declares that:
604     (a)  The financial difficulties confronting small counties
605require an investment that will facilitate efforts to improve
606the productivity and efficiency of small counties' structures
607and operating procedures.
608     (b)  Current and additional revenue enhancements authorized
609by the Legislature should be managed and administered using
610appropriate management practices and expertise.
611     (3)  The purpose of this section is to provide technical
612assistance to small counties to enable them to implement
613workable solutions to financial and administrative problems. As
614used in this section, "small county" means a county that has a
615population of 75,000 or less.
616     (4)  The Secretary of Community Affairs Commissioner of
617Agriculture shall enter into contracts with program providers
618who shall:
619     (a)  Be a foundation that meets the requirements for
620nonprofit status under s. 501(c)(3) of the Internal Revenue Code
621with a governing board which includes in its membership county
622commissioners and professional staff of the county.
623     (b)  Have substantial and documented experience working
624closely with county governments in providing both educational
625and technical assistance.
626     (c)  Use existing resources, services, and information that
627are available from state or local agencies, universities, or the
628private sector.
629     (d)  Seek and accept funding from any public or private
630source.
631     (e)  Assist small counties in developing alternative
632revenue sources.
633     (f)  Provide assistance to small counties in areas such as
634financial management, accounting, investing, purchasing,
635planning and budgeting, debt issuance, public management,
636management systems, computers and information technology,
637economic and community development, and public safety
638management.
639     (g)  Provide for an annual independent financial audit of
640the program.
641     (h)  In each county served, conduct a needs assessment upon
642which the assistance provided for that county will be designed.
643     (5)(a)  The Secretary of Community Affairs Commissioner of
644Agriculture shall issue a request for proposals to provide
645assistance to small counties. The request for proposals shall be
646required no more frequently than every third year beginning with
647fiscal year 2004-2005. All contracts in existence on the
648effective date of this act between the Comptroller and any other
649party with respect to the Small County Technical Assistance
650Program may be accepted by the Secretary of Community Affairs
651Commissioner of Agriculture as the party in interest and said
652contracts shall remain in full force and effect according to
653their terms.
654     (b)  The Secretary of Community Affairs Commissioner of
655Agriculture shall review each contract proposal submitted.
656     (c)  The Secretary of Community Affairs Commissioner of
657Agriculture shall consider the following factors in reviewing
658contract proposals:
659     1.  The demonstrated capacity of the provider to conduct
660needs assessments and implement the program as proposed.
661     2.  The number of small counties to be served under the
662proposal.
663     3.  The cost of the program as specified in a proposed
664budget.
665     4.  The short-term and long-term benefits of the assistance
666to small counties.
667     5.  The form and extent to which existing resources,
668services, and information that are available from state and
669local agencies, universities, and the private sector will be
670used by the provider under the contract.
671     (6)  A decision of the Secretary of Community Affairs
672Commissioner of Agriculture to award a contract under this
673section is final and shall be in writing.
674     (7)  The Secretary of Community Affairs Commissioner of
675Agriculture shall provide fiscal oversight to ensure that funds
676expended for the program are used in accordance with the
677contracts entered into pursuant to subsection (4) and shall
678conduct a performance review of the program as may be necessary
679to ensure that the goals and objectives of the program are being
680met.
681     Section 14.  Subsections (4) and (5) of section 215.559,
682Florida Statutes, are amended to read:
683     215.559  Hurricane Loss Mitigation Program.-
684     (4)  Of moneys provided to the Department of Community
685Affairs in paragraph (2)(a), 10 percent shall be allocated to
686the Florida International University center dedicated to
687hurricane research. The center shall develop a preliminary work
688plan approved by the Division of Emergency Management advisory
689council set forth in subsection (5) to eliminate the state and
690local barriers to upgrading existing mobile homes and
691communities, research and develop a program for the recycling of
692existing older mobile homes, and support programs of research
693and development relating to hurricane loss reduction devices and
694techniques for site-built residences. The State University
695System also shall consult with the Department of Community
696Affairs and assist the department with the report required under
697subsection (7).
698     (5)  Except for the programs set forth in subsection (4),
699the Department of Community Affairs shall develop the programs
700set forth in this section in consultation with the Division of
701Emergency Management to establish and fund hazard mitigation
702efforts that reduce the state's exposure to hurricane losses.
703The department shall adopt rules for the administration of
704grants provided pursuant this section. The rules shall provide
705for the award of grants based on objective criteria and
706performance measures that include, but are not limited to, the
707reduction of exposure to the Florida Hurricane Catastrophe Fund,
708savings in homeowner's insurance, increased availability of
709homeowner's insurance, and the leveraging of federal and local
710funds. The rules shall not become effective until ratified by
711the Legislature an advisory council consisting of a
712representative designated by the Chief Financial Officer, a
713representative designated by the Florida Home Builders
714Association, a representative designated by the Florida
715Insurance Council, a representative designated by the Federation
716of Manufactured Home Owners, a representative designated by the
717Florida Association of Counties, and a representative designated
718by the Florida Manufactured Housing Association.
719     Section 15.  All powers, duties, functions, records,
720personnel, property; unexpended balances of appropriations,
721allocations, or other funds; administrative authority;
722administrative rules; pending issues; and existing contracts of
723the Hurricane Loss Mitigation Program Advisory Council, as
724created by s. 215.559(5), Florida Statutes, are transferred by a
725type two transfer, as defined in s. 20.06(2), Florida Statutes,
726to the Division of Emergency Management of the Department of
727Community Affairs.
728     Section 16.  Paragraph (c) of subsection (1) of section
729201.15, Florida Statutes, as amended by chapter 2009-271, Laws
730of Florida, is amended to read:
731     201.15  Distribution of taxes collected.-All taxes
732collected under this chapter are subject to the service charge
733imposed in s. 215.20(1). Prior to distribution under this
734section, the Department of Revenue shall deduct amounts
735necessary to pay the costs of the collection and enforcement of
736the tax levied by this chapter. Such costs and the service
737charge may not be levied against any portion of taxes pledged to
738debt service on bonds to the extent that the costs and service
739charge are required to pay any amounts relating to the bonds.
740After distributions are made pursuant to subsection (1), all of
741the costs of the collection and enforcement of the tax levied by
742this chapter and the service charge shall be available and
743transferred to the extent necessary to pay debt service and any
744other amounts payable with respect to bonds authorized before
745January 1, 2010, secured by revenues distributed pursuant to
746subsection (1). All taxes remaining after deduction of costs and
747the service charge shall be distributed as follows:
748     (1)  Sixty-three and thirty-one hundredths percent of the
749remaining 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
752credit of:
753     1.  The State Transportation Trust Fund in the Department
754of Transportation in the amount of the lesser of 38.2 percent of
755the remainder or $541.75 million in each fiscal year, to be used
756for the following specified purposes, notwithstanding any other
757law to the contrary:
758     a.  For the purposes of capital funding for the New Starts
759Transit Program, authorized by Title 49, U.S.C. s. 5309 and
760specified in s. 341.051, 10 percent of these funds;
761     b.  For the purposes of the Small County Outreach Program
762specified in s. 339.2818, 5 percent of these funds. Effective
763July 1, 2014, the percentage allocated under this sub-
764subparagraph shall be increased to 10 percent;
765     c.  For the purposes of the Strategic Intermodal System
766specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
767of these funds after allocating for the New Starts Transit
768Program described in sub-subparagraph a. and the Small County
769Outreach Program described in sub-subparagraph b.; and
770     d.  For the purposes of the Transportation Regional
771Incentive Program specified in s. 339.2819, 25 percent of these
772funds after allocating for the New Starts Transit Program
773described in sub-subparagraph a. and the Small County Outreach
774Program described in sub-subparagraph b. Effective July 1, 2014,
775the first $60 million of the funds allocated pursuant to this
776sub-subparagraph shall be allocated annually to the Florida Rail
777Enterprise for the purposes established in s. 341.303(5).
778     2.  The Grants and Donations Trust Fund in the Department
779of Community Affairs in the amount of the lesser of .23 percent
780of the remainder or $3.25 million in each fiscal year, with 92
781percent to be used to fund technical assistance to local
782governments and school boards on the requirements and
783implementation of this act and the remaining amount to be used
784to fund the Century Commission established in s. 163.3247.
785     3.  The Ecosystem Management and Restoration Trust Fund in
786the amount of the lesser of 2.12 percent of the remainder or $30
787million in each fiscal year, to be used for the preservation and
788repair of the state's beaches as provided in ss. 161.091-
789161.212.
790     4.  General Inspection Trust Fund in the amount of the
791lesser of .02 percent of the remainder or $300,000 in each
792fiscal year to be used to fund oyster management and restoration
793programs as provided in s. 379.362(3).
794
795Moneys distributed pursuant to this paragraph may not be pledged
796for debt service unless such pledge is approved by referendum of
797the voters.
798     Section 17.  This act shall take effect July 1, 2010.


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