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



                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Horne moved the following amendment to amendment

12  (592272):

13

14         Senate Amendment (with title amendment) 

15         On page 50, between lines 20 and 21,

16

17  insert:

18         Section 22.  Effective July 1, 2001, subsections (3)

19  and (22) of section 163.340, Florida Statutes, are amended and

20  subsection (24) is added to that section to read:

21         163.340  Definitions.--The following terms, wherever

22  used or referred to in this part, have the following meanings:

23         (3)  "Governing body" means the council or other

24  legislative body charged with governing the county or

25  municipality which made the finding described in s. 163.355.

26         (22)  "Increment revenue" means the revenue amount

27  calculated pursuant to s. 163.387(1).

28         (24)  "Sales tax increment revenues" means the revenues

29  calculated and deposited in the redevelopment trust fund as

30  provided in s. 163.387(1)(c).

31         Section 23.  Effective July 1, 2001, subsection (1) of

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  section 163.345, Florida Statutes, is amended to read:

  2         163.345  Encouragement of private enterprise.--

  3         (1)  Any county or municipality, to the greatest extent

  4  it determines to be feasible in carrying out the provisions of

  5  this part, shall afford maximum opportunity, consistent with

  6  the sound needs of the county or municipality as a whole, to

  7  the rehabilitation or redevelopment of the community

  8  redevelopment area by private enterprise. Any county or

  9  municipality shall give consideration to this objective in

10  exercising its powers under this part, including the

11  formulation of a workable program; the approval of community

12  redevelopment plans, communitywide plans or programs for

13  community redevelopment, and general neighborhood

14  redevelopment plans (consistent with the general plan of the

15  county or municipality); the development and implementation of

16  community policing innovations; the exercise of its zoning

17  powers; the enforcement of other laws, codes, and regulations

18  relating to the use of land and the use and occupancy of

19  buildings and improvements; the development of affordable

20  housing; the disposition of any property acquired; the

21  development of private capital investment projects; the

22  encouragement of private enterprise to invest in the

23  redevelopment or rehabilitation process through financial

24  incentives; and the provision of necessary public

25  improvements.

26         Section 24.  Effective July 1, 2001, section 163.3555,

27  Florida Statutes, is created to read:

28         163.3555  Additional requirements for community

29  redevelopment areas using sales tax increment revenues.--

30         (1)  A community redevelopment agency may not use sales

31  tax increment revenues pursuant to s. 163.387(1)(c) until the

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  governing body has adopted a resolution finding that the

  2  community redevelopment area has the conditions described in

  3  subsection (2). The finding must be based on data from the

  4  most current decennial census, and from information published

  5  by the Bureau of the Census and the Bureau of Labor

  6  Statistics. The data must be comparable in point or period of

  7  time and methodology employed.

  8         (2)  To be eligible to receive sales tax increment

  9  revenues pursuant to s. 163.387(1)(c), the community

10  redevelopment area shall meet the following conditions:

11         (a)  In each census tract within an area, the poverty

12  rate is not less than 50 percent.

13         (b)  In each census tract within the area, the poverty

14  rate is not less than 35 percent.

15         (c)  The average rate of unemployment in the area as a

16  whole is not less than 15 percent based on the most recent

17  decennial census information published by the Bureau of the

18  Census and the Bureau of Labor Statistics.

19         (d)  Contiguous census tracts with no population shall

20  be treated as having a poverty rate which meets the standards

21  of paragraphs (a) and (b), and an unemployment rate which

22  meets the standard of paragraph (c).

23         (e)  For purposes of this subsection, the term,

24  "poverty rate" means the number of persons residing within the

25  area who meet the definition of persons living below the

26  poverty level as defined by the U.S. Government.

27         (f)  In making the calculations required by this

28  section, all fractional percentages of 1/2 percent or more

29  shall be rounded up to the next highest whole percentage

30  figure.

31         Section 25.  Effective July 1, 2001, subsections (4)

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  and (7) of section 163.362, Florida Statutes, are amended to

  2  read:

  3         163.362  Contents of community redevelopment

  4  plan.--Every community redevelopment plan shall:

  5         (4)  Identify specifically any publicly funded capital

  6  projects to be undertaken within the community redevelopment

  7  area. Subject to s. 163.370(2), publicly funded capital

  8  improvements may include police stations or substations,

  9  fire-rescue stations, roads and walkways, public transit

10  facilities, street lighting, off-street parking, parks, open

11  space, green space, cultural facilities, entertainment

12  facilities, sports facilities, and recreational facilities.

13         (7)  Provide assistance assurances that there will be

14  replacement housing for the relocation of persons temporarily

15  or permanently displaced from housing facilities within the

16  community redevelopment area, including relocation to a

17  location outside of the area. This subsection does not require

18  replacement housing be provided as a condition of implementing

19  the community redevelopment plan.

20         Section 26.  Effective July 1, 2001, subsection (1),

21  paragraph (a) of subsection (2), and subsection (7) of section

22  163.387, Florida Statutes, are amended to read:

23         163.387  Redevelopment trust fund.--

24         (1)(a)  There shall be established for each community

25  redevelopment agency created under s. 163.356 a redevelopment

26  trust fund. Funds allocated to and deposited into this fund

27  shall be used by the agency to finance or refinance any

28  community redevelopment it undertakes pursuant to the approved

29  community redevelopment plan. No community redevelopment

30  agency may receive or spend any increment revenues pursuant to

31  this section unless and until the governing body has, by

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  ordinance, provided for the funding of the redevelopment trust

  2  fund for the duration of a community redevelopment plan. Such

  3  ordinance may be adopted only after the governing body has

  4  approved a community redevelopment plan.

  5         (b)  The annual funding of the redevelopment trust fund

  6  shall be in an amount not less than that increment in the

  7  income, proceeds, revenues, and funds of each taxing authority

  8  derived from or held in connection with the undertaking and

  9  carrying out of community redevelopment under this part. Such

10  increment shall be determined annually and shall be that

11  amount equal to 95 percent of the difference between:

12         1.(a)  The amount of ad valorem taxes levied each year

13  by each taxing authority, exclusive of any amount from any

14  debt service millage, on taxable real property contained

15  within the geographic boundaries of a community redevelopment

16  area; and

17         2.(b)  The amount of ad valorem taxes which would have

18  been produced by the rate upon which the tax is levied each

19  year by or for each taxing authority, exclusive of any debt

20  service millage, upon the total of the assessed value of the

21  taxable real property in the community redevelopment area as

22  shown upon the most recent assessment roll used in connection

23  with the taxation of such property by each taxing authority

24  prior to the effective date of the ordinance providing for the

25  funding of the trust fund.

26         (c)1.  In addition to the funding of the redevelopment

27  trust fund provided for under paragraph (b), an ordinance by

28  the governing body that created the fund may provide for

29  annual deposit of the sales tax increment revenues in the fund

30  if the area meets the requirements of s. 163.3555. An

31  ordinance that created the redevelopment trust fund but did

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  not provide for the deposit of sales tax increment revenues

  2  may be amended to provide for such sales tax increment

  3  revenues without affecting the calculation or deposit of the

  4  increment revenues described in this subsection.

  5  Notwithstanding a subsequent decennial census being completed

  6  after the enactment of the ordinance described in this

  7  subsection, the most recent census before the enactment of the

  8  ordinance shall be the basis for the determination of

  9  eligibility for sales tax increment revenues and the

10  calculation of such increment. The sales tax increment

11  revenues shall be determined annually, and shall be the

12  difference between:

13         a.  The aggregate amount of state sales and use taxes

14  remitted by dealers under chapter 212 at places of business

15  located within the geographic boundaries of the community

16  redevelopment area during the state fiscal year for which the

17  increment is being determined; and

18         b.  The amount of sales and use taxes so remitted in

19  the state fiscal year immediately preceding the adoption of

20  the ordinance;

21         2.  The governing body shall notify the Department of

22  Revenue within 10 calendar days after the adoption or

23  amendment of an ordinance that provides for sales tax

24  increment revenues, and shall include a copy of the resolution

25  adopted pursuant to s. 163.3555.

26         3.  For the purposes of determining the amount of sales

27  tax increment revenues to be transferred to each community

28  redevelopment trust fund funding pursuant to this paragraph,

29  the Department of Revenue and each governing body that adopts

30  or amends such an ordinance shall exchange tax administration

31  information on an annual basis, in the format prescribed by

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  the Department of Revenue. Each governing body with such an

  2  ordinance, and the Department of Revenue, are responsible for

  3  transmitting this shared data no later than September 1 of

  4  each year. The information shall include the taxpayer's sales

  5  tax registration number and business location and such other

  6  tax registration information as the Department of Revenue

  7  prescribes. To the fullest extent practicable, the information

  8  shall be shared in a computer-processable medium. For the

  9  initial calculation, each governing body and the Department of

10  Revenue shall exchange all information enumerated in this

11  subparagraph no later than the first day of the fourth month

12  after the adoption of the ordinance providing for sales tax

13  increment revenues.

14         4.  Based upon the information provided by the

15  governing body pursuant to subparagraphs 2. and 3., the

16  Department of Revenue shall calculate the sales tax increment

17  revenues for that community redevelopment area each state

18  fiscal year and transfer that amount to a separate account

19  within the redevelopment trust fund. However, the

20  sales-tax-increment revenues returned to the community

21  redevelopment area for fiscal year 2000-2001, may not exceed

22  $500,000. No revenue shall be returned to the community

23  redevelopment area for any subsequent years.

24

25  However, the governing body of any county as defined in s.

26  125.011(1) may, in the ordinance providing for the funding of

27  a trust fund established with respect to any community

28  redevelopment area created on or after July 1, 1994, determine

29  that the amount to be funded by each taxing authority annually

30  shall be less than 95 percent of the difference between

31  paragraphs (a) and (b), but in no event shall such amount be

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  less than 50 percent of such difference.

  2         (2)(a)  Except for the purpose of funding the trust

  3  fund pursuant to subsection (3), upon the adoption of an

  4  ordinance providing for funding of the redevelopment trust

  5  fund as provided in this section, each taxing authority shall,

  6  by January 1 of each year, appropriate to the trust fund for

  7  so long as any indebtedness pledging increment revenues to the

  8  payment thereof is outstanding (but not to exceed 30 years) a

  9  sum that is no less than the increment as defined and

10  determined in paragraph (1)(b) subsection (1) accruing to such

11  taxing authority.  If the community redevelopment plan is

12  amended or modified pursuant to s. 163.361(1), each such

13  taxing authority shall make the annual appropriation for a

14  period not to exceed 30 years after the date the governing

15  body amends the plan.

16         (7)  On the last day of the fiscal year of the

17  community redevelopment agency, any money which remains in the

18  trust fund after the payment of expenses pursuant to

19  subsection (6) for such year, except for money remaining in

20  the sales tax increment account, shall be:

21         (a)  Returned to each taxing authority which paid the

22  increment described in paragraph (1)(b) in the proportion that

23  the amount of the payment of such taxing authority bears to

24  the total amount paid into the trust fund by all taxing

25  authorities within the redevelopment area for that year;

26         (b)  Used to reduce the amount of any indebtedness to

27  which increment revenues are pledged;

28         (c)  Deposited into an escrow account for the purpose

29  of later reducing any indebtedness to which increment revenues

30  are pledged; or

31         (d)  Appropriated to a specific redevelopment project

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1  pursuant to an approved community redevelopment plan which

  2  project will be completed within 3 years from the date of such

  3  appropriation. Any money remaining in the sales tax increment

  4  account as of the end of each fiscal year of the agency and

  5  not obligated or committed shall be returned to the Department

  6  of Revenue for deposit in the General Revenue Fund.

  7         Section 27.  Effective July 1, 2001, the Department of

  8  Revenue may adopt rules necessary to effectuate the provisions

  9  of section 163.387(1)(c), Florida Statutes, pertaining to the

10  calculation and reallocation of sales tax increment revenues.

11

12  (Redesignate subsequent sections.)

13

14

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

16  And the title is amended as follows:

17         On page 54, line 6, after the semicolon,

18

19  insert:

20         amending s. 163.340, F.S.; defining the term

21         "sales tax increment revenues," and redefining

22         the terms "governing body" and "increment

23         revenues"; amending s. 163.345, F.S.; expanding

24         provisions which direct counties and

25         municipalities to involve private enterprise in

26         redevelopment; creating s. 163.3555, F.S.;

27         providing special requirements applicable to a

28         community redevelopment area that uses sales

29         tax increment funding; amending s. 163.362,

30         F.S.; revising requirements for community

31         redevelopment plans relating to publicly funded

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                                                  SENATE AMENDMENT

    Bill No. HB 349, 2nd Eng.

    Amendment No. ___





  1         capital projects and relocation of displaced

  2         persons; providing requirements for plans that

  3         include a private capital investment project;

  4         requiring certain agreements and performance

  5         guarantees; amending s. 163.387, F.S.;

  6         authorizing funding of a redevelopment trust

  7         fund by the increment in sales and use taxes

  8         collected within certain community

  9         redevelopment areas; providing for

10         determination of the increment; limiting the

11         amount of revenue returned to the community

12         redevelopment areas; providing administrative

13         duties of local governing bodies and the

14         Department of Revenue; authorizing rulemaking;

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