House Bill hb1493

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    Florida House of Representatives - 2001                HB 1493

        By Representative Holloway






  1                      A bill to be entitled

  2         An act relating to community redevelopment;

  3         amending s. 163.340, F.S.; providing a

  4         definition; amending s. 163.345, F.S.;

  5         providing powers of a municipality within

  6         certain counties with respect to redevelopment

  7         of a special impact redevelopment area under

  8         the Community Redevelopment Act of 1969;

  9         creating s. 163.3555, F.S.; providing for

10         creation of a special impact redevelopment

11         board by such a municipality; providing for

12         appointment of board members; providing for

13         approval of a special impact redevelopment plan

14         by the board and providing requirements with

15         respect thereto; providing requirements for the

16         special impact redevelopment area; providing

17         for identification of projects to be

18         undertaken; providing for establishment of a

19         special impact redevelopment trust fund;

20         providing for use of funds allocated to the

21         trust fund; providing for funding of the trust

22         fund through sales tax increment revenues;

23         providing for notice to the Department of

24         Revenue; providing for exchange of tax

25         administration information between a board and

26         the department; providing for calculation of

27         sales tax increment revenues by the department

28         and transfer of such revenues to the trust

29         fund; amending s. 212.20, F.S.; providing for

30         transfer of sales tax increment revenues to the

31         appropriate special impact redevelopment trust

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  1         fund; amending s. 213.053, F.S.; authorizing

  2         the department to provide certain information

  3         to a board; providing for rules; providing

  4         effective dates.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Subsection (24) is added to section

  9  163.340, Florida Statutes, to read:

10         163.340  Definitions.--The following terms, wherever

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

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

13  calculated and deposited in the special impact redevelopment

14  trust fund pursuant to s. 163.3555(6)(c).

15         Section 2.  Section 163.345, Florida Statutes, is

16  amended to read:

17         163.345  Encouragement of private enterprise.--

18         (1)(a)  Any county or municipality, to the greatest

19  extent it determines to be feasible in carrying out the

20  provisions of this part, shall afford maximum opportunity,

21  consistent with the sound needs of the county or municipality

22  as a whole, to the rehabilitation or redevelopment of the

23  community redevelopment area by private enterprise. Any county

24  or municipality shall give consideration to this objective in

25  exercising its powers under this part, including the

26  formulation of a workable program; the approval of community

27  redevelopment plans, communitywide plans or programs for

28  community redevelopment, and general neighborhood

29  redevelopment plans (consistent with the general plan of the

30  county or municipality); the development and implementation of

31  community policing innovations; the exercise of its zoning

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

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

  3  buildings and improvements; the development of affordable

  4  housing; the disposition of any property acquired; and the

  5  provision of necessary public improvements.

  6         (b)  One, but not more than one, municipality in any

  7  county operating under a home rule charter adopted pursuant to

  8  ss. 10, 11, and 24, Art. VIII of the constitution of 1885, as

  9  preserved by s. 6(e), Art. VIII, of the Constitution of 1968,

10  to the greatest extent such municipality determines to be

11  feasible in carrying out the provisions of this part, but

12  always consistent with the sound needs of the municipality as

13  a whole, shall afford maximum opportunity for the

14  rehabilitation or redevelopment of a special impact

15  redevelopment area by or in conjunction with private

16  enterprise. Any such municipality shall give due consideration

17  to this objective in the exercise of its powers under this

18  part, which shall include the adoption and periodic revision

19  of stated goals and methods along with approved private

20  enterprise or private-public programs and the creation of a

21  special impact redevelopment board pursuant to these

22  provisions; the exercise of its zoning powers; the enforcement

23  of other laws, codes, and regulations relating to the use of

24  land and the use and occupancy of buildings and improvements;

25  the development of private capital investment projects; the

26  provision of the necessary public improvements; and the use of

27  financial incentives to encourage private enterprise and

28  community-based corporations to invest in the implementation

29  of the adopted special impact redevelopment plan.

30         (2)  In giving consideration to the objectives outlined

31  in subsection (1), the county or municipality shall consider

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  1  making available the incentives provided under the Florida

  2  Enterprise Zone Act and chapter 420.

  3         Section 3.  Section 163.3555, Florida Statutes, is

  4  created to read:

  5         163.3555  Special impact redevelopment areas; sales tax

  6  increment revenues.--

  7         (1)(a)  No special impact redevelopment area may be

  8  created until the governing body of a municipality authorized

  9  by s. 163.345(1)(b) has resolved to create a special impact

10  redevelopment board, which resolution shall be known as the

11  special impact redevelopment board resolution, and the

12  governing body of the county has passed a resolution ratifying

13  the special impact redevelopment board resolution.

14         (b)  Once created by the special impact redevelopment

15  board resolution and ratified by the governing body of the

16  county, the special impact redevelopment board shall derive

17  its functions and powers from this section and shall continue

18  in existence for so long as any indebtedness pledging

19  increment revenues from the special impact redevelopment trust

20  fund to the payment thereof is outstanding, but not to exceed

21  40 years from the date of the special impact redevelopment

22  board resolution.

23         (c)  Every special impact redevelopment board shall

24  consist of such members as may be qualified under this

25  section, each appointed to a 4-year term. The Governor shall

26  make one appointment, as shall the county, the municipality,

27  and each leaseholder within the special impact redevelopment

28  area whose leasehold interest extends to 100 acres or more for

29  a term of not less than 40 years.

30         (d)  The first chair of the special impact

31  redevelopment board shall be appointed by the Governor to

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  1  serve during his or her initial term. Thereafter, the chair

  2  shall be elected by the members by simple majority vote of

  3  those members serving at any time.

  4         (e)  All issues coming before the special impact

  5  redevelopment board shall be determined by simple majority

  6  vote. A quorum for all issues shall be a majority of the

  7  members. Each member shall have one vote except in the case of

  8  a tie vote, in which case the chair shall have the deciding

  9  ballot.

10         (2)  No special impact redevelopment board shall

11  utilize sales tax increment revenues pursuant to this section

12  until:

13         (a)  The special impact redevelopment board has adopted

14  a resolution finding that the special impact redevelopment

15  area meets the conditions described in subsection (3), which

16  finding shall be based on data from the most current decennial

17  census, and from information published by the Bureau of the

18  Census and the Bureau of Labor Statistics. The data shall be

19  comparable in point or period of time and methodology

20  employed.

21         (b)  The special impact redevelopment board has adopted

22  a resolution approving a special impact redevelopment plan

23  governing the rehabilitation or redevelopment of the special

24  impact redevelopment area.

25         (c)  The special impact redevelopment board has adopted

26  a resolution appropriating the sales tax increment revenues to

27  the special impact redevelopment trust fund.

28         (3)  In order for the special impact redevelopment

29  trust fund to be eligible to receive sales tax increment

30  revenues pursuant to paragraph (6)(c), the redevelopment area

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  1  as delineated within the adopted special impact redevelopment

  2  plan must meet the following conditions:

  3         (a)  The redevelopment area must encompass not less

  4  than 1,000 acres and not more than 2,000 acres.

  5         (b)  At least 80 percent of the land within the

  6  redevelopment area must be owned by the county government or

  7  the municipal government.

  8         (c)  At lest 50 percent of the land within the

  9  redevelopment area must be eligible for designation as an

10  enterprise or empowerment zone or for community development

11  block grant funding.

12         (d)  At the date of initial adoption of the special

13  impact redevelopment plan, the poverty rate must be not less

14  than 25 percent in such portion of each census tract within

15  the area that lies within the municipality.

16         (e)  At the date of initial adoption of the special

17  impact redevelopment plan, the poverty rate must be not less

18  than 35 percent in such portion of 50 percent of the census

19  tracts within the area that lie within the municipality.

20         (f)  At the date of initial adoption of the special

21  impact redevelopment plan, the average rate of unemployment in

22  such portion of each census tract within the area that lies

23  within the municipality, when taken as a whole, must be not

24  less than 10 percent, based on the most recent decennial

25  census information published by the United States Bureau of

26  the Census and Bureau of Labor Statistics.

27

28  Contiguous census tracts with no population shall be treated

29  as having a poverty rate which meets the standards of

30  paragraphs (d) and (e), and an unemployment rate which meets

31  the standard of paragraph (f). For purposes of this

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  1  subsection, "poverty rate" describes the number of persons

  2  residing within the area who meet the definition of persons

  3  living below the poverty level adopted by the United States

  4  Government. In making the calculations required by this

  5  section, all fractional percentages of one-half percent or

  6  more shall be rounded up to the next highest whole percentage

  7  figure.

  8         (4)  Every special impact redevelopment plan shall at

  9  adoption and from time to time identify any publicly funded

10  capital or maintenance projects to be undertaken within the

11  special impact redevelopment area as well as collateral

12  capital or maintenance projects to be undertaken within the

13  municipality but outside the special impact redevelopment

14  area. Annual expenditure on such collateral projects may not

15  exceed 25 percent of the annual payments appropriated to the

16  special impact redevelopment trust fund pursuant to paragraph

17  (6)(c). Subject to the provisions of s. 163.370(2), such

18  publicly funded capital improvements or maintenance projects,

19  whether within or without the special impact redevelopment

20  area, may include police stations or substations, crash-rescue

21  and fire-rescue stations, roads and walkways, aircraft aprons

22  and fueling facilities, runways and taxiways, air traffic

23  control facilities, runway and approach lighting, public

24  transit facilities of any kind, street lighting, off-street

25  parking, garages, parks, public utilities, open space, green

26  space, cultural facilities, and entertainment and recreational

27  facilities.

28         (5)(a)  There shall be established for each special

29  impact redevelopment board a special impact redevelopment

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

31  shall be used by the board to pay its proper and reasonable

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  1  costs of administration, including the costs of preparation

  2  and approval of the special impact redevelopment plan, and,

  3  from the balance thereof, to pay the following:

  4         1.  Twenty-five percent of the annual appropriation

  5  received pursuant to paragraph (6)(c) to the county's revenue

  6  fund within 90 days after receipt, which funds shall be

  7  allocated by the county for payment of the annual expenses of

  8  operating or constructing any facilities within the special

  9  impact redevelopment area.

10         2.  Twenty-five percent of the annual appropriation

11  received pursuant to paragraph (6)(c) to the municipality for

12  expenditure on collateral projects as defined in subsection

13  (4).

14         3.  The balance of the annual appropriation received

15  pursuant to paragraph (6)(c) divided equally amongst the

16  qualifying leaseholders for the purpose of constructing or

17  maintaining any of the projects which may be approved pursuant

18  to subsection (4).

19         4.  Any surplus for the purposes of financing or

20  refinancing any special impact redevelopment it undertakes

21  pursuant to the approved special impact redevelopment plan.

22         (b)  No special impact redevelopment board may receive

23  or spend any sales tax increment revenues pursuant to this

24  section unless and until the board has, by resolution,

25  provided for the funding of the special impact redevelopment

26  trust fund for the duration of any special impact

27  redevelopment plan. Such resolution may be adopted only after

28  the board has adopted a special impact redevelopment plan in

29  accordance with paragraph (2)(b).

30

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  1         (c)  The annual funding of the redevelopment trust fund

  2  shall be in an amount not less than 95 percent of the

  3  difference between:

  4         1.  The aggregate amount of state sales and use taxes

  5  remitted by dealers under chapter 212 at places of business

  6  located within the geographic boundaries of the special impact

  7  redevelopment area during the state fiscal year for which the

  8  increment is being determined; and

  9         2.  The amount of taxes so remitted in the state fiscal

10  year immediately preceding the adoption of the resolution

11  which provides for funding of the trust fund.

12         (6)(a)  The special impact redevelopment board shall

13  notify the Department of Revenue within 10 calendar days after

14  the adoption or amendment of a resolution that provides for

15  sales tax increment revenues and shall include a copy of the

16  resolution adopted pursuant to paragraph (2)(c).

17         (b)  For the purposes of determining the amount of

18  sales tax increment revenues to be transferred to each special

19  impact redevelopment trust fund funded pursuant to this

20  section, the Department of Revenue and each special impact

21  redevelopment board that adopts or amends such a resolution

22  shall exchange tax administration information on an annual

23  basis, in the format prescribed by the Department of Revenue.

24  Each redevelopment board with such a resolution, and the

25  Department of Revenue, are responsible for transmitting this

26  shared data no later than September 1 of each year. Such

27  information shall include the taxpayer's sales tax

28  registration number and business location and such other tax

29  registration information as the Department of Revenue

30  prescribes. To the fullest extent practicable, the information

31  shall be shared in a computer processable medium. For the

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  1  initial calculation, each redevelopment board and the

  2  Department of Revenue shall exchange all information

  3  enumerated in this paragraph no later than the first day of

  4  the fourth month after the adoption of the resolution

  5  providing for sales tax increment revenues.

  6         (c)  Upon the adoption of a resolution providing for

  7  funding of the special impact redevelopment trust fund as

  8  provided in this section and based upon the information

  9  provided by the redevelopment board pursuant to paragraph (b),

10  the Department of Revenue shall calculate the sales tax

11  increment revenues for that special impact redevelopment area

12  each state fiscal year and shall, by January 1 of each year,

13  transfer to the trust fund for so long as any indebtedness

14  pledging increment revenues to the payment thereof is

15  outstanding, but not to exceed 40 years, a sum that is no less

16  than the increment as defined under paragraph (5)(c) accruing

17  to such board.

18         Section 4.  Paragraph (e) of subsection (6) of section

19  212.20, Florida Statutes, is amended to read:

20         212.20  Funds collected, disposition; additional powers

21  of department; operational expense; refund of taxes

22  adjudicated unconstitutionally collected.--

23         (6)  Distribution of all proceeds under this chapter

24  shall be as follows:

25         (e)  The proceeds of all other taxes and fees imposed

26  pursuant to this chapter shall be distributed as follows:

27         1.  In any fiscal year, the greater of $500 million,

28  minus an amount equal to 4.6 percent of the proceeds of the

29  taxes collected pursuant to chapter 201, or 5 percent of all

30  other taxes and fees imposed pursuant to this chapter shall be

31

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  1  deposited in monthly installments into the General Revenue

  2  Fund.

  3         2.  Two-tenths of one percent shall be transferred to

  4  the Solid Waste Management Trust Fund.

  5         3.  After the distribution under subparagraphs 1. and

  6  2., 9.653 percent of the amount remitted by a sales tax dealer

  7  located within a participating county pursuant to s. 218.61

  8  shall be transferred into the Local Government Half-cent Sales

  9  Tax Clearing Trust Fund.

10         4.  After the distribution under subparagraphs 1., 2.,

11  and 3., 0.065 percent shall be transferred to the Local

12  Government Half-cent Sales Tax Clearing Trust Fund and

13  distributed pursuant to s. 218.65.

14         5.  For proceeds received after July 1, 2000, and after

15  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

16  percent of the available proceeds pursuant to this paragraph

17  shall be transferred monthly to the Revenue Sharing Trust Fund

18  for Counties pursuant to s. 218.215.

19         6.  For proceeds received after July 1, 2000, and after

20  the distributions under subparagraphs 1., 2., 3., and 4.,

21  1.0715 percent of the available proceeds pursuant to this

22  paragraph shall be transferred monthly to the Revenue Sharing

23  Trust Fund for Municipalities pursuant to s. 218.215. If the

24  total revenue to be distributed pursuant to this subparagraph

25  is at least as great as the amount due from the Revenue

26  Sharing Trust Fund for Municipalities and the Municipal

27  Financial Assistance Trust Fund in state fiscal year

28  1999-2000, no municipality shall receive less than the amount

29  due from the Revenue Sharing Trust Fund for Municipalities and

30  the Municipal Financial Assistance Trust Fund in state fiscal

31  year 1999-2000. If the total proceeds to be distributed are

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  1  less than the amount received in combination from the Revenue

  2  Sharing Trust Fund for Municipalities and the Municipal

  3  Financial Assistance Trust Fund in state fiscal year

  4  1999-2000, each municipality shall receive an amount

  5  proportionate to the amount it was due in state fiscal year

  6  1999-2000.

  7         7.  Of the remaining proceeds:

  8         a.  Beginning July 1, 2000, and in each fiscal year

  9  thereafter, the sum of $29,915,500 shall be divided into as

10  many equal parts as there are counties in the state, and one

11  part shall be distributed to each county.  The distribution

12  among the several counties shall begin each fiscal year on or

13  before January 5th and shall continue monthly for a total of 4

14  months.  If a local or special law required that any moneys

15  accruing to a county in fiscal year 1999-2000 under the

16  then-existing provisions of s. 550.135 be paid directly to the

17  district school board, special district, or a municipal

18  government, such payment shall continue until such time that

19  the local or special law is amended or repealed.  The state

20  covenants with holders of bonds or other instruments of

21  indebtedness issued by local governments, special districts,

22  or district school boards prior to July 1, 2000, that it is

23  not the intent of this subparagraph to adversely affect the

24  rights of those holders or relieve local governments, special

25  districts, or district school boards of the duty to meet their

26  obligations as a result of previous pledges or assignments or

27  trusts entered into which obligated funds received from the

28  distribution to county governments under then-existing s.

29  550.135.  This distribution specifically is in lieu of funds

30  distributed under s. 550.135 prior to July 1, 2000.

31

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  1         b.  The department shall distribute $166,667 monthly

  2  pursuant to s. 288.1162 to each applicant that has been

  3  certified as a "facility for a new professional sports

  4  franchise" or a "facility for a retained professional sports

  5  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

  6  distributed monthly by the department to each applicant that

  7  has been certified as a "facility for a retained spring

  8  training franchise" pursuant to s. 288.1162; however, not more

  9  than $208,335 may be distributed monthly in the aggregate to

10  all certified facilities for a retained spring training

11  franchise. Distributions shall begin 60 days following such

12  certification and shall continue for not more than 30 years.

13  Nothing contained in this paragraph shall be construed to

14  allow an applicant certified pursuant to s. 288.1162 to

15  receive more in distributions than actually expended by the

16  applicant for the public purposes provided for in s.

17  288.1162(6). However, a certified applicant is entitled to

18  receive distributions up to the maximum amount allowable and

19  undistributed under this section for additional renovations

20  and improvements to the facility for the franchise without

21  additional certification.

22         c.  Beginning 30 days after notice by the Office of

23  Tourism, Trade, and Economic Development to the Department of

24  Revenue that an applicant has been certified as the

25  professional golf hall of fame pursuant to s. 288.1168 and is

26  open to the public, $166,667 shall be distributed monthly, for

27  up to 300 months, to the applicant.

28         d.  Beginning 30 days after notice by the Office of

29  Tourism, Trade, and Economic Development to the Department of

30  Revenue that the applicant has been certified as the

31  International Game Fish Association World Center facility

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  1  pursuant to s. 288.1169, and the facility is open to the

  2  public, $83,333 shall be distributed monthly, for up to 168

  3  months, to the applicant. This distribution is subject to

  4  reduction pursuant to s. 288.1169.  A lump sum payment of

  5  $999,996 shall be made, after certification and before July 1,

  6  2000.

  7         e.  That portion of the proceeds of sales and use taxes

  8  collected within a special impact redevelopment area and

  9  designated as the sales tax increment revenues by resolution

10  adopted pursuant to s. 163.3555(2)(c) shall be transferred to

11  the special impact redevelopment trust fund for that area.

12         8.  All other proceeds shall remain with the General

13  Revenue Fund.

14         Section 5.  If section 35 of chapter 2000-260, Laws of

15  Florida, is not repealed by section 58 of said chapter,

16  effective October 1, 2001, paragraph (e) of subsection (6) of

17  section 212.20, Florida Statutes, as amended by section 35 of

18  chapter 2000-260, Laws of Florida, is amended to read:

19         212.20  Funds collected, disposition; additional powers

20  of department; operational expense; refund of taxes

21  adjudicated unconstitutionally collected.--

22         (6)  Distribution of all proceeds under this chapter

23  and s. 202.18(1)(b) and (2)(b) shall be as follows:

24         (e)  The proceeds of all other taxes and fees imposed

25  pursuant to this chapter or remitted pursuant to s.

26  202.18(1)(b) and (2)(b) shall be distributed as follows:

27         1.  In any fiscal year, the greater of $500 million,

28  minus an amount equal to 4.6 percent of the proceeds of the

29  taxes collected pursuant to chapter 201, or 5 percent of all

30  other taxes and fees imposed pursuant to this chapter or

31  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

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  1  deposited in monthly installments into the General Revenue

  2  Fund.

  3         2.  Two-tenths of one percent shall be transferred to

  4  the Solid Waste Management Trust Fund.

  5         3.  After the distribution under subparagraphs 1. and

  6  2., 9.653 percent of the amount remitted by a sales tax dealer

  7  located within a participating county pursuant to s. 218.61

  8  shall be transferred into the Local Government Half-cent Sales

  9  Tax Clearing Trust Fund.

10         4.  After the distribution under subparagraphs 1., 2.,

11  and 3., 0.065 percent shall be transferred to the Local

12  Government Half-cent Sales Tax Clearing Trust Fund and

13  distributed pursuant to s. 218.65.

14         5.  For proceeds received after July 1, 2000, and after

15  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

16  percent of the available proceeds pursuant to this paragraph

17  shall be transferred monthly to the Revenue Sharing Trust Fund

18  for Counties pursuant to s. 218.215.

19         6.  For proceeds received after July 1, 2000, and after

20  the distributions under subparagraphs 1., 2., 3., and 4.,

21  1.0715 percent of the available proceeds pursuant to this

22  paragraph shall be transferred monthly to the Revenue Sharing

23  Trust Fund for Municipalities pursuant to s. 218.215. If the

24  total revenue to be distributed pursuant to this subparagraph

25  is at least as great as the amount due from the Revenue

26  Sharing Trust Fund for Municipalities and the Municipal

27  Financial Assistance Trust Fund in state fiscal year

28  1999-2000, no municipality shall receive less than the amount

29  due from the Revenue Sharing Trust Fund for Municipalities and

30  the Municipal Financial Assistance Trust Fund in state fiscal

31  year 1999-2000. If the total proceeds to be distributed are

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  1  less than the amount received in combination from the Revenue

  2  Sharing Trust Fund for Municipalities and the Municipal

  3  Financial Assistance Trust Fund in state fiscal year

  4  1999-2000, each municipality shall receive an amount

  5  proportionate to the amount it was due in state fiscal year

  6  1999-2000.

  7         7.  Of the remaining proceeds:

  8         a.  Beginning July 1, 2000, and in each fiscal year

  9  thereafter, the sum of $29,915,500 shall be divided into as

10  many equal parts as there are counties in the state, and one

11  part shall be distributed to each county.  The distribution

12  among the several counties shall begin each fiscal year on or

13  before January 5th and shall continue monthly for a total of 4

14  months.  If a local or special law required that any moneys

15  accruing to a county in fiscal year 1999-2000 under the

16  then-existing provisions of s. 550.135 be paid directly to the

17  district school board, special district, or a municipal

18  government, such payment shall continue until such time that

19  the local or special law is amended or repealed.  The state

20  covenants with holders of bonds or other instruments of

21  indebtedness issued by local governments, special districts,

22  or district school boards prior to July 1, 2000, that it is

23  not the intent of this subparagraph to adversely affect the

24  rights of those holders or relieve local governments, special

25  districts, or district school boards of the duty to meet their

26  obligations as a result of previous pledges or assignments or

27  trusts entered into which obligated funds received from the

28  distribution to county governments under then-existing s.

29  550.135.  This distribution specifically is in lieu of funds

30  distributed under s. 550.135 prior to July 1, 2000.

31

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    Florida House of Representatives - 2001                HB 1493

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  1         b.  The department shall distribute $166,667 monthly

  2  pursuant to s. 288.1162 to each applicant that has been

  3  certified as a "facility for a new professional sports

  4  franchise" or a "facility for a retained professional sports

  5  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

  6  distributed monthly by the department to each applicant that

  7  has been certified as a "facility for a retained spring

  8  training franchise" pursuant to s. 288.1162; however, not more

  9  than $208,335 may be distributed monthly in the aggregate to

10  all certified facilities for a retained spring training

11  franchise. Distributions shall begin 60 days following such

12  certification and shall continue for not more than 30 years.

13  Nothing contained in this paragraph shall be construed to

14  allow an applicant certified pursuant to s. 288.1162 to

15  receive more in distributions than actually expended by the

16  applicant for the public purposes provided for in s.

17  288.1162(6). However, a certified applicant is entitled to

18  receive distributions up to the maximum amount allowable and

19  undistributed under this section for additional renovations

20  and improvements to the facility for the franchise without

21  additional certification.

22         c.  Beginning 30 days after notice by the Office of

23  Tourism, Trade, and Economic Development to the Department of

24  Revenue that an applicant has been certified as the

25  professional golf hall of fame pursuant to s. 288.1168 and is

26  open to the public, $166,667 shall be distributed monthly, for

27  up to 300 months, to the applicant.

28         d.  Beginning 30 days after notice by the Office of

29  Tourism, Trade, and Economic Development to the Department of

30  Revenue that the applicant has been certified as the

31  International Game Fish Association World Center facility

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    Florida House of Representatives - 2001                HB 1493

    769-104-01






  1  pursuant to s. 288.1169, and the facility is open to the

  2  public, $83,333 shall be distributed monthly, for up to 168

  3  months, to the applicant. This distribution is subject to

  4  reduction pursuant to s. 288.1169.  A lump sum payment of

  5  $999,996 shall be made, after certification and before July 1,

  6  2000.

  7         e.  That portion of the proceeds of sales and use taxes

  8  collected within a special impact redevelopment area and

  9  designated as the sales tax increment revenues by resolution

10  adopted pursuant to s. 163.3555(2)(c) shall be transferred to

11  the special impact redevelopment trust fund for that area.

12         8.  All other proceeds shall remain with the General

13  Revenue Fund.

14         Section 6.  Paragraph (u) is added to subsection (7) of

15  section 213.053, Florida Statutes, to read:

16         213.053  Confidentiality and information sharing.--

17         (7)  Notwithstanding any other provision of this

18  section, the department may provide:

19         (u)  Information authorized pursuant to s.

20  163.3555(6)(b) to a board which has adopted a resolution

21  providing for sales tax increment revenues.

22

23  Disclosure of information under this subsection shall be

24  pursuant to a written agreement between the executive director

25  and the agency.  Such agencies, governmental or

26  nongovernmental, shall be bound by the same requirements of

27  confidentiality as the Department of Revenue.  Breach of

28  confidentiality is a misdemeanor of the first degree,

29  punishable as provided by s. 775.082 or s. 775.083.

30         Section 7.  The Department of Revenue is authorized to

31  adopt rules necessary to effectuate the provisions of s.

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    Florida House of Representatives - 2001                HB 1493

    769-104-01






  1  163.3555, Florida Statutes, pertaining to the calculation and

  2  reallocation of sales tax increment revenues.

  3         Section 8.  Except as otherwise provided herein, this

  4  act shall take effect July 1, 2001.

  5

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  7                          HOUSE SUMMARY

  8
      Provides powers of a municipality within certain counties
  9    with respect to redevelopment of a special impact
      redevelopment area under the Community Redevelopment Act
10    of 1969. Provides for creation of a special impact
      redevelopment board by such a municipality and for
11    approval of a special impact redevelopment plan by the
      board. Provides requirements for the special impact
12    redevelopment area. Provides for establishment of a
      special impact redevelopment trust fund and for use of
13    funds allocated to the trust fund. Provides for funding
      of the trust fund through sales tax increment revenues.
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