CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 349, 2nd Eng.
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator Horne moved the following amendment to amendment
12 (592272):
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14 Senate Amendment (with title amendment)
15 On page 50, between lines 20 and 21,
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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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Bill No. HB 349, 2nd Eng.
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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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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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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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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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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.
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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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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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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.
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12 (Redesignate subsequent sections.)
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16 And the title is amended as follows:
17 On page 54, line 6, after the semicolon,
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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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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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