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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Constantine offered the following:

12

13         Amendment to Substitute Amendment (390539) (with title

14  amendment) 

15         On page 46, between lines 9 and 10

16

17  and insert in lieu thereof:

18         Section 17.  Paragraph (j) of subsection (3) of section

19  163.2517, Florida Statutes, is amended to read:

20         163.2517  Designation of urban infill and redevelopment

21  area.--

22         (3)  A local government seeking to designate a

23  geographic area within its jurisdiction as an urban infill and

24  redevelopment area shall prepare a plan that describes the

25  infill and redevelopment objectives of the local government

26  within the proposed area. In lieu of preparing a new plan, the

27  local government may demonstrate that an existing plan or

28  combination of plans associated with a community redevelopment

29  area, Florida Main Street program, Front Porch Florida

30  Community, sustainable community, enterprise zone, or

31  neighborhood improvement district includes the factors listed

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  in paragraphs (a)-(n), including a collaborative and holistic

 2  community participation process, or amend such existing plans

 3  to include these factors. The plan shall demonstrate the local

 4  government and community's commitment to comprehensively

 5  address the urban problems within the urban infill and

 6  redevelopment area and identify activities and programs to

 7  accomplish locally identified goals such as code enforcement;

 8  improved educational opportunities; reduction in crime;

 9  neighborhood revitalization and preservation; provision of

10  infrastructure needs, including mass transit and multimodal

11  linkages; and mixed-use planning to promote multifunctional

12  redevelopment to improve both the residential and commercial

13  quality of life in the area. The plan shall also:

14         (j)  Identify and adopt a package of financial and

15  local government incentives which the local government will

16  offer for new development, expansion of existing development,

17  and redevelopment within the urban infill and redevelopment

18  area. Examples of such incentives include:

19         1.  Waiver of license and permit fees.

20         2.  Exemption of sales made in the urban infill and

21  redevelopment area from Waiver of local option sales surtaxes

22  imposed pursuant to s. 212.054 taxes.

23         3.  Waiver of delinquent local taxes or fees to promote

24  the return of property to productive use.

25         4.  Expedited permitting.

26         5.  Lower transportation impact fees for development

27  which encourages more use of public transit, pedestrian, and

28  bicycle modes of transportation.

29         6.  Prioritization of infrastructure spending within

30  the urban infill and redevelopment area.

31         7.  Local government absorption of developers'

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  concurrency costs.

 2

 3  In order to be authorized to recognize the exemption from

 4  local option sales surtaxes pursuant to subparagraph 2., the

 5  owner, lessee, or lessor of the new development, expanding

 6  existing development, or redevelopment within the urban infill

 7  and redevelopment area must file an application under oath

 8  with the governing body having jurisdiction over the urban

 9  infill and redevelopment area where the business is located.

10  The application must include the name and address of the

11  business claiming the exclusion from collecting local option

12  surtaxes; an address and assessment roll parcel number of the

13  urban infill and redevelopment area for which the exemption is

14  being sought; a description of the improvements made to

15  accomplish the new development, expanding development, or

16  redevelopment of the real property; a copy of the building

17  permit application or the building permit issued for the

18  development of the real property; a new application for a

19  certificate of registration with the Department of Revenue

20  with the address of the new development, expanding

21  development, or redevelopment; and the location of the

22  property. The local government must review and approve the

23  application and submit the completed application and

24  documentation along with a copy of the ordinance adopted

25  pursuant to subsection (5) to the Department of Revenue in

26  order for the business to become eligible to make sales exempt

27  from local option sales surtaxes in the urban infill and

28  redevelopment area.

29         Section 18.  Subsection (13) of section 212.08, Florida

30  Statutes, is amended to read:

31         212.08  Sales, rental, use, consumption, distribution,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  and storage tax; specified exemptions.--The sale at retail,

 2  the rental, the use, the consumption, the distribution, and

 3  the storage to be used or consumed in this state of the

 4  following are hereby specifically exempt from the tax imposed

 5  by this chapter.

 6         (13)  No transactions shall be exempt from the tax

 7  imposed by this chapter except those expressly exempted

 8  herein. All laws granting tax exemptions, to the extent they

 9  may be inconsistent or in conflict with this chapter,

10  including, but not limited to, the following designated laws,

11  shall yield to and be superseded by the provisions of this

12  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

13  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

14  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

15  and the following Laws of Florida, acts of the year indicated:

16  s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

17  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

18  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

19  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

20  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

21  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

22  s. 10, chapter 67-1681. This subsection does not supersede the

23  authority of a local government to adopt financial and local

24  government incentives pursuant to s. 163.2517.

25         Section 19.  Section 163.2523, Florida Statutes, is

26  amended to read:

27         163.2523  Grant program.--An Urban Infill and

28  Redevelopment Assistance Grant Program is created for local

29  governments. A local government may allocate grant money to

30  special districts, including community redevelopment agencies,

31  and nonprofit community development organizations to implement

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  projects consistent with an adopted urban infill and

 2  redevelopment plan or plan employed in lieu thereof. Thirty

 3  percent of the general revenue appropriated for this program

 4  shall be available for planning grants to be used by local

 5  governments for the development of an urban infill and

 6  redevelopment plan, including community participation

 7  processes for the plan. Sixty percent of the general revenue

 8  appropriated for this program shall be available for

 9  fifty/fifty matching grants for implementing urban infill and

10  redevelopment projects that further the objectives set forth

11  in the local government's adopted urban infill and

12  redevelopment plan or plan employed in lieu thereof. The

13  remaining 10 percent of the revenue must be used for outright

14  grants for implementing projects requiring an expenditure of

15  under $50,000. If the volume of fundable applications under

16  any of the allocations specified in this section does not

17  fully obligate the amount of the allocation, the Department of

18  Community Affairs may transfer the unused balance to the

19  category having the highest dollar value of applications

20  eligible but unfunded. However, in no event may the percentage

21  of dollars allocated to outright grants for implementing

22  projects exceed 20 percent in any given fiscal year. Projects

23  that provide employment opportunities to clients of the WAGES

24  program and projects within urban infill and redevelopment

25  areas that include a community redevelopment area, Florida

26  Main Street program, Front Porch Florida Community,

27  sustainable community, enterprise zone, federal enterprise

28  zone, enterprise community, or neighborhood improvement

29  district must be given an elevated priority in the scoring of

30  competing grant applications. The Division of Housing and

31  Community Development of the Department of Community Affairs

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  shall administer the grant program. The Department of

 2  Community Affairs shall adopt rules establishing grant review

 3  criteria consistent with this section.

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 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 49, line 5 of the amendment

 9  remove:  all of said line

10

11  and insert in lieu thereof:

12         Act; amending s. 163.2517, F.S.; revising the

13         financial incentives which a local government

14         may offer in an urban infill and redevelopment

15         area which relate to exemption from local

16         option sales surtaxes and waiver of delinquent

17         taxes or fees; providing that, in order to be

18         eligible for the exemption from collecting

19         local option sales surtaxes, a business must

20         submit an application under oath to the local

21         government, which must be approved and

22         submitted to the Department of Revenue;

23         amending s. 212.08, F.S.; specifying that the

24         authority of a local government to adopt

25         financial and local government incentives under

26         s. 163.2517, F.S., is not superseded by certain

27         provisions relating to sales tax exemptions;

28         amending s. 163.2523, F.S.; authorizing

29         transfer of unused funds between grant

30         categories under the Urban Infill and

31         Redevelopment Assistance Grant Program;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         repealing s. 376.3195, F.S.; providing an

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