Senate Bill sb2134

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    Florida Senate - 2007                                  SB 2134

    By Senator Constantine





    22-1386-07

  1                      A bill to be entitled

  2         An act relating to community redevelopment;

  3         authorizing a combination of two or more

  4         counties or municipalities to establish a tax

  5         increment area for conservation lands by

  6         interlocal agreement; providing requirements

  7         for such an interlocal agreement; requiring

  8         that a tax increment be determined annually;

  9         limiting the amount of the tax increment;

10         requiring the establishment of a trust fund for

11         each tax increment finance area; providing for

12         the administration of the trust fund; providing

13         that the governmental body that administers the

14         trust fund may spend revenues from the tax

15         increment to purchase real property only if all

16         parties to the interlocal agreement adopt a

17         resolution that approves the purchase price;

18         providing a comparative standard on which the

19         minimum annual funding of the trust fund must

20         be based; requiring a taxing authority that

21         does not pay tax increment revenues to the

22         trust fund before a specified date to pay a

23         specified amount of interest on the amount of

24         unpaid increment revenues; providing exemptions

25         for certain public bodies, taxing authorities,

26         and special districts; providing that revenue

27         bonds may be paid only from revenues deposited

28         into the trust fund; providing that such

29         revenue bonds are not a debt, liability, or

30         obligation of the state or any public body;

31         requiring each tax increment financing area to

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    Florida Senate - 2007                                  SB 2134
    22-1386-07




 1         provide for an audit of the trust fund

 2         containing certain information; providing

 3         legislative findings; providing an effective

 4         date.

 5  

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

 7  

 8         Section 1.  Tax increment financing for conservation

 9  lands.--

10         (1)  A combination of at least two or more counties or

11  municipalities may, through an interlocal agreement, establish

12  a tax increment area for conservation lands. The interlocal

13  agreement must:

14         (a)  Identify the geographic boundaries of the tax

15  increment finance area. The tax increment finance area must

16  include real property within the jurisdiction of at least one

17  of the parties to the interlocal agreement;

18         (b)  Identify the real property to be acquired as

19  conservation land within the tax increment finance area;

20         (c)  Establish the percentage of tax increment

21  financing for each jurisdiction in the tax increment area;

22         (d)  Identify the governing body of the jurisdiction

23  that will administer the trust fund;

24         (e)  Designate an entity to hold title to any

25  conservation lands purchased using the tax increment revenues;

26         (f)  Provide a continuing management plan for

27  conservation lands purchased using the tax increment revenues;

28  and

29         (g)  Identify the entity that will manage these

30  conservation lands.

31  

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    Florida Senate - 2007                                  SB 2134
    22-1386-07




 1         (2)  The tax increment authorized under this section

 2  shall be determined annually and may not exceed 50 percent of

 3  the difference in ad valorem taxes as provided in s. 163.387,

 4  Florida Statutes.

 5         (3)  A trust fund must be established for each tax

 6  increment finance area for conservation lands which is created

 7  under this section. The trust fund must be administered

 8  pursuant to the terms of the interlocal agreement. Tax

 9  increment funds allocated to this trust fund shall be used to

10  acquire the real property identified for purchase in the

11  interlocal agreement. Pursuant to the interlocal agreement,

12  the governing body of the local government that will

13  administer the trust fund may spend increment revenues to

14  purchase the real property only if all parties to the

15  interlocal agreement adopt a resolution approving the purchase

16  price.

17         (4)  The annual funding of the trust fund may not be

18  less than the increment income of each taxing authority which

19  is held as provided in the interlocal agreement for the

20  purchase of conservation lands.

21         (5)  A taxing authority that does not pay the tax

22  increment revenues to the trust fund by January 1 shall pay

23  interest on the amount of unpaid increment revenues equal to 1

24  percent for each month that the increment revenue remains

25  outstanding.

26         (6)  The public bodies and taxing authorities listed in

27  s. 163.387(2)(c), Florida Statutes, and special districts that

28  levy ad valorem taxes within a tax increment financing area

29  are exempt from the provisions of this section.

30         (7)  Revenue bonds under this section are payable

31  solely out of revenues pledged to and received by the local

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    Florida Senate - 2007                                  SB 2134
    22-1386-07




 1  government administering the trust fund and deposited into the

 2  trust fund. The revenue bonds issued under this section do not

 3  constitute a debt, liability, or obligation of a public body,

 4  the state, or any of the state's political subdivisions.

 5         (8)  Each tax increment financing area must provide for

 6  an audit of the trust fund that contains the information

 7  required under s. 163.387(8), Florida Statutes.

 8         Section 2.  The Legislature finds that an inadequate

 9  supply of conservation lands limits recreational opportunities

10  and negatively impacts the economy, health, and welfare of the

11  surrounding community. The Legislature also finds that

12  acquiring conservation lands for recreational opportunities

13  and ecotourism serves a valid public purpose.

14         Section 3.  This act shall take effect July 1, 2007.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Authorizes a combination of two or more counties or
      municipalities to establish a tax increment area for
19    conservation lands by interlocal agreement. Provides
      requirements for such an interlocal agreement. Requires
20    that a tax increment be determined annually. Limits the
      amount of a tax increment. Requires the establishment of
21    a trust fund for each tax increment finance area.
      Provides for the administration of the fund. Provides
22    that the governmental body that administers the trust
      fund may spend revenues from the tax increment to
23    purchase real property only if certain conditions are
      met.  Provides a comparative standard on which the
24    minimum annual funding of the trust fund must be based.
      Requires a taxing authority that does not pay tax
25    increment revenues to the trust fund before a specified
      date to pay a specified amount of interest on the amount
26    of unpaid increment revenues. Provides exemptions for
      certain public bodies, taxing authorities, and special
27    districts. Provides that revenue bonds may be paid only
      from revenues deposited into the trust fund. Provides
28    that such revenue bonds are not a debt, liability, or
      obligation of the state or any public body. Requires each
29    tax increment financing area to provide for an audit of
      the trust fund containing certain information.
30  

31  

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