Bill Text: FL H7107 | 2010 | Regular Session | Introduced

---

Bill Title: Review/DCA/Florida Government Accountability Act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Economic Development & Community Affairs Policy Council, companion bill(s) passed, see HB 5003 (Ch. 2010-153), CS/CS/SB 1412 (Ch. 2010-102) [H7107 Detail]

Download: Florida-2010-H7107-Introduced.html

---

HB 7107

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
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.

CODING: Words stricken are deletions; words underlined are additions.