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PCS for HB 1209 (2023) — An act relating to Rural Economic Development

Issuer
Congressional materials
Document type
2023 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb

Summary

A proposed committee substitute, PCS for HB 1209, of the Florida House of Representatives for 2023, titled an act relating to Rural Economic Development. The bill amends s. 288.018, F.S., on the Regional Rural Development Grants Program, specifying that its funding is not matching grants and revising the criteria the Department of Economic Opportunity must consider. It amends s. 288.0655, F.S., on the Rural Infrastructure Fund, revising the share of project costs the department may award and removing a local match requirement, and makes a conforming change to s. 288.8017, F.S. It amends section 446.71, Florida Statutes, on the Everglades Restoration Agricultural Community Employment Training Program, including employer-based grants and training locations. Section 5 provides that House Bill 5 controls in case of conflict, and the act takes effect July 1, 2023.

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Cite this document

“PCS for HB 1209 (2023) — An act relating to Rural Economic Development.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1209/, SHA-256 5e609ef65b7e7a9b151b8cd21cf8ceec8fd7ed5ffafb5ac2a029dd16487f96c3.

Full text

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           PCS for HB 1209                                                                                       2023




    1                                         A bill to be entitled
    2              An act relating to Rural Economic Development;
    3              amending s. 288.018, F.S.; specifying that funding
    4              provided under the Regional Rural Development Grants
    5              Program are not matching grants; revising the required
    6              criteria the Department of Economic Opportunity must
    7              consider to approve a participant in the program;
    8              amending s. 288.0655, F.S.; revising the percentage of
    9              certain project costs for which the department may
10                 award certain grants; removing a local match
11                 requirement; amending s. 288.8017, F.S.; conforming
12                 provisions to changes made by the act; amending s.
13                 446.71, F.S.; revising the areas in which the
14                 department may provide grants through the Everglades
15                 Restoration Agricultural Community Employment Training
16                 Program; authorizing the use of certain grant funds
17                 for certain purposes; requiring the department to set
18                 aside a certain percentage of funds for a certain
19                 purpose; prohibiting the department from awarding
20                 employer-based grants in excess of a certain amount;
21                 requiring the department to prioritize awarding
22                 employer-based grants to certain training programs;
23                 providing that certain accreditation or licensure
24                 meets a certain qualification requirement; revising
25                 requirements for the location in which a training

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        PCS for HB 1209                                                                                       2023




26              program participant must reside to receive a certain
27              grant from the department; revising the requirements
28              for employer-based training programs established in
29              the Everglades Agricultural Area; providing that the
30              provisions of this act shall not control to the extent
31              of certain conflicts; providing an effective date.
32
33      Be It Enacted by the Legislature of the State of Florida:
34
35              Section 1.         Subsections (1) and (2) of section 288.018,
36      Florida Statutes, are amended to read:
37              288.018        Regional Rural Development Grants Program. —
38              (1)(a)        For the purposes of this section, the term
39      "regional economic development organization" means an economic
40      development organization located in or contracted to serve a
41      rural area of opportunity, as defined in s. 288.0656(2)(d).
42              (b)         The department shall establish a matching grant
43      program to provide funding to regional economic development
44      organizations for the purpose of building the professional
45      capacity of those organizations. Building the professional
46      capacity of a regional economic development organization
47      includes hiring professional staff to develop, deliver, and
48      provide needed economic development professional services,
49      including technical assistance, education and leadership
50      development, marketing, and project recruitment. Matching Grants

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        PCS for HB 1209                                                                                       2023




51      may also be used by a regional economic development organization
52      to provide technical assistance to local governments, local
53      economic development organizations, and existing and prospective
54      businesses.
55              (c)         A regional economic development organization may apply
56      annually to the department for a matching grant. The department
57      is authorized to approve, on an annual basis, grants to such
58      regional economic development organizations. The maximum amount
59      an organization may receive in any year will be $50,000, or
60      $250,000 for any three regional economic development
61      organizations that serve an entire region of a rural area of
62      opportunity designated pursuant to s. 288.0656(7) if they are
63      recognized by the department as serving such a region.
64              (d)         Grant funds received by a regional economic
65      development organization must be matched each year by n onstate
66      resources in an amount equal to 25 percent of the state
67      contribution.
68              (2)         In approving the participants, the department shall
69      consider the demonstrated need of the applicant for assistance
70      and require the following:
71              (a)         Documentation of official commitments of support from
72      each of the units of local government represented by the
73      regional organization.
74              (b)         Demonstration that each unit of local government has
75      made a financial or in-kind commitment to the regional

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         PCS for HB 1209                                                                                       2023




 76      organization.
 77              (c)         Demonstration that the private sector has made
 78      financial or in-kind commitments to the regional organization.
 79              (d)         Demonstration that the organization is in existence
 80      and actively involved in economic development activities serving
 81      the region.
 82              (c)(e)        Demonstration of the manner in which the
 83      organization is or will coordinate its efforts with those of
 84      other local and state organizations.
 85              Section 2.          Paragraphs (b), (c), and (e) of subsection (2)
 86      of section 288.0655, Florida Statutes, are amended to read:
 87              288.0655           Rural Infrastructure Fund.—
 88              (2)
 89              (b)         To facilitate access of rural communities and rural
 90      areas of opportunity as defined by the Rural Economic
 91      Development Initiative to infrastructure funding programs of the
 92      Federal Government, such as those offered by the United States
 93      Department of Agriculture and the United States Department of
 94      Commerce, and state programs, including those offered by Rural
 95      Economic Development Initiative agencies, and to facilitate
 96      local government or private infrastructure funding efforts, the
 97      department may award grants for up to 75 50 percent of the total
 98      infrastructure project cost, or up to 100 percent of the total
 99      infrastructure project cost for a project located in a rural
100      community or a rural area of opportunity, as those terms are

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         PCS for HB 1209                                                                                       2023




101      defined in s. 288.0656(2), which is also located in a fiscally
102      constrained county as described in s. 218.67(1). Eligible
103      projects must be related to specific job-creation or job-
104      retention opportunities. Eligible projects may also include
105      improving any inadequate infrastructure that has resulted in
106      regulatory action that prohibits economic or community growth,
107      reducing the costs to community users of proposed infrastructure
108      improvements that exceed such costs in comparable communit ies,
109      and improving access to and the availability of broadband
110      Internet service. Eligible uses of funds shall include
111      improvements to public infrastructure for industrial or
112      commercial sites, upgrades to or development of public tourism
113      infrastructure, and improvements to broadband Internet service
114      and access in unserved or underserved rural communities.
115      Improvements to broadband Internet service and access must be
116      conducted through a partnership or partnerships with one or more
117      dealers, as defined in s. 202.11(2), and the partnership or
118      partnerships must be established through a competitive selection
119      process that is publicly noticed. Authorized infrastructure may
120      include the following public or public-private partnership
121      facilities: storm water systems; telecommunications facilities;
122      broadband facilities; roads or other remedies to transportation
123      impediments; nature-based tourism facilities; or other physical
124      requirements necessary to facilitate tourism, trade, and
125      economic development activities in the community. Authorized

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         PCS for HB 1209                                                                                       2023




126      infrastructure may also include publicly or privately owned
127      self-powered nature-based tourism facilities, publicly owned
128      telecommunications facilities, and broadband facilities, and
129      additions to the distribution facilities of the existing natural
130      gas utility as defined in s. 366.04(3)(c), the existing electric
131      utility as defined in s. 366.02, or the existing water or
132      wastewater utility as defined in s. 367.021(12), or any other
133      existing water or wastewater facility, which owns a gas or
134      electric distribution system or a water or wastewater system in
135      this state where:
136              1.      A contribution-in-aid of construction is required to
137      serve public or public-private partnership facilities under the
138      tariffs of any natural gas, electric, water, or wastewa ter
139      utility as defined herein; and
140              2.      Such utilities as defined herein are willing and able
141      to provide such service.
142              (c)         To facilitate timely response and induce the location
143      or expansion of specific job creating opportunities, The
144      department may award grants for infrastructure feasibility
145      studies, design and engineering activities, or other
146      infrastructure planning and preparation activities. Authorized
147      grants shall be up to $50,000 for an employment project with a
148      business committed to create at least 100 jobs; up to $150,000
149      for an employment project with a business committed to create at
150      least 300 jobs; and up to $300,000 for a project in a rural area

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         PCS for HB 1209                                                                                       2023




151      of opportunity. Grants awarded under this paragraph may be used
152      in conjunction with grants awarded under paragraph (b), provided
153      that the total amount of both grants does not exceed 30 percent
154      of the total project cost. In evaluating applications under this
155      paragraph, the department shall consider the extent to which the
156      application seeks to minimize administrative and consultant
157      expenses.
158              (e)         To enable local governments to access the resources
159      available pursuant to s. 403.973(18), the department may award
160      grants for surveys, feasibility studies, and other activities
161      related to the identification and preclearance review of land
162      which is suitable for preclearance review. Authorized grants
163      under this paragraph may not exceed $75,000 each, except in the
164      case of a project in a rural area of opportunity, in which case
165      the grant may not exceed $300,000. Any funds awarded under this
166      paragraph must be matched at a level of 50 percent with local
167      funds, except that any funds awarded for a project in a rural
168      area of opportunity must be matched at a level of 33 percent
169      with local funds. If an application for funding is for a
170      catalyst site, as defined in s. 288.0656, the requirement for
171      local match may be waived pursuant to the process in s.
172      288.06561. In evaluating applications under this paragraph, the
173      department shall consider the extent to which the application
174      seeks to minimize administrative and consultant expenses.
175              Section 3.         Subsection (1) of section 288.8017, Florida

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         PCS for HB 1209                                                                                       2023




176      Statutes, is amended to read:
177              288.8017           Awards.—
178              (1)         Triumph Gulf Coast, Inc., shall make awards from
179      available funds to projects or programs that meet the priorities
180      for economic recovery, diversification, and enhancement of the
181      disproportionately affected counties. Awards may be provided
182      for:
183              (a)         Ad valorem tax rate reduction within
184      disproportionately affected counties;
185              (b)         Local match requirements of s. 288.0655 for projects
186      in the disproportionately affected counties;
187              (c)         Public infrastructure projects for construction,
188      expansion, or maintenance which are shown to enhance economic
189      recovery, diversification, and enhancement of the
190      disproportionately affected counties;
191              (d)         Grants to local governments in the disproportionately
192      affected counties to establish and maintain equipment and
193      trained personnel for local action plans of response to respond
194      to disasters, such as plans created for the Coastal Impacts
195      Assistance Program;
196              (e)         Grants to support programs that prepare students for
197      future occupations and careers at K-20 institutions that have
198      campuses in the disproportionately affected counties. Eligible
199      programs include those that increase students' technology skills
200      and knowledge; encourage industry certifications; provide

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         PCS for HB 1209                                                                                       2023




201      rigorous, alternative pathways for students to meet high school
202      graduation requirements; strengthen career readiness
203      initiatives; fund high-demand programs of emphasis at the
204      bachelor's and master's level designated by the Board of
205      Governors; and, similar to or the same as talent retention
206      programs created by the Chancellor of the State University
207      System and the Commission of Education, encourage students with
208      interest or aptitude for science, technology, engineering,
209      mathematics, and medical disciplines to pursue postsecondary
210      education at a state university or a Florida College System
211      institution within the disproportionately affected counties;
212              (f)         Grants to support programs that provide participants
213      in the disproportionately affected counties with transferable,
214      sustainable workforce skills that are not confined to a single
215      employer; and
216              (g)         Grants to the tourism entity created under s. 288.1226
217      for the purpose of advertising and promoting tourism and Fresh
218      From Florida, and grants to promote workforce and
219      infrastructure, on behalf of all of the disproportionately
220      affected counties.
221              Section 4.         Section 446.71, Florida Statutes, is amended to
222      read:
223              446.71        Everglades Restoration Agricultural Community
224      Employment Training Program.—
225              (1)         The Department of Economic Opportunity, in cooperation

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         PCS for HB 1209                                                                                       2023




226      with the state board as defined in s. 445.002, shall establish
227      the Everglades Restoration Agricultural Community Employment
228      Training Program within the Department of Economic Opportunity.
229      The Department of Economic Opportunity shall use funds
230      appropriated to the program by the Legislature to provide grants
231      to stimulate and support training and employment programs that
232      seek to match persons who complete such training programs to
233      nonagricultural employment opportunities in the Everglades
234      Agricultural Area as defined in s. 373.4592(2) and rural areas
235      of opportunity as defined in s. 288.0656(2) areas of high
236      agricultural unemployment, and to provide other training,
237      educational, and information services necessary to stimulate the
238      creation of jobs in the Everglades Agricultural Area and rural
239      areas of opportunity areas of high agricultural unemployment. In
240      determining whether to provide funds to a particular program,
241      the Department of Economic Opportunity shall consider the
242      location of the program in proximity to the program's intended
243      participants.
244              (2)         The Legislature supports projects that improve the
245      economy in the Everglades Agricultural Area and in rural areas
246      of opportunity in counties that provide for water storage and
247      dispersed water storage as part of Everglades restoration
248      efforts. In recognition of the employment opportunities and
249      economic development generated by new and expanding industries
250      in such areas the area, such as the Airglades Airport in Hendry

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         PCS for HB 1209                                                                                       2023




251      County and the development of an inland port in Palm Beach
252      County, the Legislature finds that training the citizens of the
253      state to fill the needs of these industries significantly
254      enhances the economic viability of such areas the region.
255              (3)         Funds may be used for grants for tuition for public or
256      private technical or vocational programs and matching grants to
257      employers to conduct employer-based training programs. Grant
258      funds provided to employer-based training programs may be used,
259      or for the purchase of equipment to be used for training
260      purposes, the hiring of instructors, or any other purpose
261      directly associated with the program. For the first 6 months of
262      each fiscal year, the Department of Economic Opportunity shall
263      set aside up to 50 percent of the amount appropriated by the
264      Legislature to fund employer-based training programs. Any
265      unencumbered funds remaining undisbursed from the set -aside
266      amount at the end of the 6-month period may be used to provide
267      funding for tuition. The allocation of funds must be included in
268      the notice of grant opportunities.
269              (4)         The Department of Economic Opportunity may not award
270      an employer-based a grant to any given training program which
271      exceeds 50 percent of the total cost of the program, unless the
272      training program is located within a rural area of opportunity,
273      in which case the grant may exceed 50 percent of the total cost
274      of the program and up to 100 percent. Matching contributions may
275      include in-kind services, including, but not limited to, the

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         PCS for HB 1209                                                                                       2023




276      provision of training instructors, equipment, and training
277      facilities. The department shall prioritize awarding employer-
278      based grants to training programs located in rural areas of
279      opportunity in counties that provide for water storage and
280      dispersed water storage as part of Everglades restoration
281      efforts.
282              (5)         Before granting a request for funds made in accordance
283      with this section, the Department of Economic Opportunity shall
284      enter into a grant agreement with the requester of funds and the
285      training institution receiving funding through the program. Such
286      agreement must include all of the following information:
287              (a)         An identification of the personnel necessary to
288      conduct the instructional program, the qualifications of such
289      personnel, and the respective responsibilities of the parties
290      for paying costs associated with the employment of such
291      personnel. National accreditation or licensure of an
292      instructional program by the Commission for Independent
293      Education is sufficient to meet the qualifications requirement.
294              (b)         An identification of the estimated length of the
295      instructional program.
296              (c)         An identification of all direct, training-related
297      costs, including tuition and fees, curriculum development, books
298      and classroom materials, and overhead or indirect costs.
299              (d)         An identification of special program requirements that
300      are not otherwise addressed in the agreement.

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         PCS for HB 1209                                                                                       2023




301              (6)         The Department of Economic Opportunity may grant up to
302      100 percent of the tuition for a training program participant
303      who currently resides, and has resided for at least 3 of the 5
304      immediately preceding years, in within the Everglades
305      Agricultural Area or as described in a rural area of opportunity
306      s. 373.4592 and in a county counties that provides provide for
307      water storage and dispersed water storage as part of Everglades
308      restoration efforts that are located in rural areas of
309      opportunity as described in s. 288.0656.
310              (7)         Employer-based training programs established in the
311      Everglades Agricultural Area must include opportunities to
312      obtain the qualifications and skills necessary for jobs related
313      to federal and state restoration projects, the Airglades Airport
314      in Hendry County, an inland port in Palm Beach County, or other
315      industries with verifiable, demonstrated interest in operating
316      in within the Everglades Agricultural Area or in rural areas of
317      opportunity and in counties that provide for water storage and
318      dispersed water storage as part of Everglades restoration
319      efforts that are located in rural areas of opportunity as
320      described in s. 288.0656.
321              (8)         The Department of Economic Opportunity shall adopt
322      rules to implement this section.
323              Section 5.         In the event of a conflict of any provision of
324      this act with the provisions of House Bill 5, 2023 regular
325      session, or similar legislation, the provisions of House Bill 5,

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         PCS for HB 1209                                                                                       2023




326      2023 regular session, or similar legislation, shall control to
327      the extent of such conflict.
328              Section 6.         This act shall take effect July 1, 2023.




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