Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 148
                                Barcode 226486                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/09/2012 05:55 PM       .                                

       Senators Garcia and Margolis moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 63 and 64
    4  insert:
    5         Section 2. Paragraph (d) of subsection (6) of section
    6  212.20, Florida Statutes, is amended to read:
    7         212.20 Funds collected, disposition; additional powers of
    8  department; operational expense; refund of taxes adjudicated
    9  unconstitutionally collected.—
   10         (6) Distribution of all proceeds under this chapter and s.
   11  202.18(1)(b) and (2)(b) shall be as follows:
   12         (d) The proceeds of all other taxes and fees imposed
   13  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   14  and (2)(b) shall be distributed as follows:
   15         1. In any fiscal year, the greater of $500 million, minus
   16  an amount equal to 4.6 percent of the proceeds of the taxes
   17  collected pursuant to chapter 201, or 5.2 percent of all other
   18  taxes and fees imposed pursuant to this chapter or remitted
   19  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   20  monthly installments into the General Revenue Fund.
   21         2. After the distribution under subparagraph 1., 8.814
   22  percent of the amount remitted by a sales tax dealer located
   23  within a participating county pursuant to s. 218.61 shall be
   24  transferred into the Local Government Half-cent Sales Tax
   25  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   26  transferred shall be reduced by 0.1 percent, and the department
   27  shall distribute this amount to the Public Employees Relations
   28  Commission Trust Fund less $5,000 each month, which shall be
   29  added to the amount calculated in subparagraph 3. and
   30  distributed accordingly.
   31         3. After the distribution under subparagraphs 1. and 2.,
   32  0.095 percent shall be transferred to the Local Government Half
   33  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   34  s. 218.65.
   35         4. After the distributions under subparagraphs 1., 2., and
   36  3., 2.0440 percent of the available proceeds shall be
   37  transferred monthly to the Revenue Sharing Trust Fund for
   38  Counties pursuant to s. 218.215.
   39         5. After the distributions under subparagraphs 1., 2., and
   40  3., 1.3409 percent of the available proceeds, plus the amount
   41  required under s. 290.0138(2), shall be transferred monthly to
   42  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
   43  218.215. If the total revenue to be distributed pursuant to this
   44  subparagraph is at least as great as the amount due from the
   45  Revenue Sharing Trust Fund for Municipalities and the former
   46  Municipal Financial Assistance Trust Fund in state fiscal year
   47  1999-2000, no municipality shall receive less than the amount
   48  due from the Revenue Sharing Trust Fund for Municipalities and
   49  the former Municipal Financial Assistance Trust Fund in state
   50  fiscal year 1999-2000. If the total proceeds to be distributed
   51  are less than the amount received in combination from the
   52  Revenue Sharing Trust Fund for Municipalities and the former
   53  Municipal Financial Assistance Trust Fund in state fiscal year
   54  1999-2000, each municipality shall receive an amount
   55  proportionate to the amount it was due in state fiscal year
   56  1999-2000.
   57         6. Of the remaining proceeds:
   58         a. In each fiscal year, the sum of $29,915,500 shall be
   59  divided into as many equal parts as there are counties in the
   60  state, and one part shall be distributed to each county. The
   61  distribution among the several counties must begin each fiscal
   62  year on or before January 5th and continue monthly for a total
   63  of 4 months. If a local or special law required that any moneys
   64  accruing to a county in fiscal year 1999-2000 under the then
   65  existing provisions of s. 550.135 be paid directly to the
   66  district school board, special district, or a municipal
   67  government, such payment must continue until the local or
   68  special law is amended or repealed. The state covenants with
   69  holders of bonds or other instruments of indebtedness issued by
   70  local governments, special districts, or district school boards
   71  before July 1, 2000, that it is not the intent of this
   72  subparagraph to adversely affect the rights of those holders or
   73  relieve local governments, special districts, or district school
   74  boards of the duty to meet their obligations as a result of
   75  previous pledges or assignments or trusts entered into which
   76  obligated funds received from the distribution to county
   77  governments under then-existing s. 550.135. This distribution
   78  specifically is in lieu of funds distributed under s. 550.135
   79  before July 1, 2000.
   80         b. The department shall distribute $166,667 monthly
   81  pursuant to s. 288.1162 to each applicant certified as a
   82  facility for a new or retained professional sports franchise
   83  pursuant to s. 288.1162. Up to $41,667 shall be distributed
   84  monthly by the department to each certified applicant as defined
   85  in s. 288.11621 for a facility for a spring training franchise.
   86  However, not more than $416,670 may be distributed monthly in
   87  the aggregate to all certified applicants for facilities for
   88  spring training franchises. Distributions begin 60 days after
   89  such certification and continue for not more than 30 years,
   90  except as otherwise provided in s. 288.11621. A certified
   91  applicant identified in this sub-subparagraph may not receive
   92  more in distributions than expended by the applicant for the
   93  public purposes provided for in s. 288.1162(5) or s.
   94  288.11621(3).
   95         c. Beginning 30 days after notice by the Department of
   96  Economic Opportunity to the Department of Revenue that an
   97  applicant has been certified as the professional golf hall of
   98  fame pursuant to s. 288.1168 and is open to the public, $166,667
   99  shall be distributed monthly, for up to 300 months, to the
  100  applicant.
  101         d. Beginning 30 days after notice by the Department of
  102  Economic Opportunity to the Department of Revenue that the
  103  applicant has been certified as the International Game Fish
  104  Association World Center facility pursuant to s. 288.1169, and
  105  the facility is open to the public, $83,333 shall be distributed
  106  monthly, for up to 168 months, to the applicant. This
  107  distribution is subject to reduction pursuant to s. 288.1169. A
  108  lump sum payment of $999,996 shall be made, after certification
  109  and before July 1, 2000.
  110         7. All other proceeds must remain in the General Revenue
  111  Fund.
  112         Section 3. Subsection (3) of section 218.23, Florida
  113  Statutes, is amended to read:
  114         218.23 Revenue sharing with units of local government.—
  115         (3) The distribution to a unit of local government under
  116  this part is determined by the following formula:
  117         (a) First, the entitlement of an eligible unit of local
  118  government shall be computed on the basis of the apportionment
  119  factor provided in s. 218.245, which shall be applied for all
  120  eligible units of local government to all receipts available for
  121  distribution in the respective revenue sharing trust fund.
  122         (b) Second, revenue shared with eligible units of local
  123  government for any fiscal year shall be adjusted so that no
  124  eligible unit of local government receives less funds than its
  125  guaranteed entitlement.
  126         (c) Third, revenues shared with counties for any fiscal
  127  year shall be adjusted so that no county receives less funds
  128  than its guaranteed entitlement plus the second guaranteed
  129  entitlement for counties.
  130         (d) Fourth, revenue shared with units of local government
  131  for any fiscal year shall be adjusted so that no unit of local
  132  government receives less funds than its minimum entitlement.
  133         (e) Fifth, after the adjustments provided in paragraphs
  134  (b), (c), and (d), the funds remaining in the respective trust
  135  fund for municipalities shall be distributed to the appropriate
  136  governing body eligible for a distribution under ss. 290.0137
  137  and 290.0138.
  138         (f)(e)Sixth Fifth, after the adjustments provided in
  139  paragraphs (b), (c), and (d), and (e), and after deducting the
  140  amount committed to all the units of local government, the funds
  141  remaining in the respective trust funds shall be distributed to
  142  those eligible units of local government which qualify to
  143  receive additional moneys beyond the guaranteed entitlement, on
  144  the basis of the additional money of each qualified unit of
  145  local government in proportion to the total additional money of
  146  all qualified units of local government.
  147         Section 4. Section 290.004, Florida Statutes, is amended to
  148  read:
  149         290.004 Definitions relating to Florida Enterprise Zone
  150  Act.—As used in ss. 290.001-290.016, the term:
  151         (1) “Base year” means the amount of sales taxes that would
  152  have been produced by the tax levied upon all eligible sales and
  153  use transactions pursuant to chapter 212 before the construction
  154  of the retail development project.
  155         (2) “Bond” means any bonds, notes, or other instruments
  156  issued by the governing body and secured by tax increment
  157  revenues or other security authorized in this chapter.
  158         (3)(1) “Community investment corporation” means a black
  159  business investment corporation, a certified development
  160  corporation, a small business investment corporation, or other
  161  similar entity incorporated under Florida law that has limited
  162  its investment policy to making investments solely in minority
  163  business enterprises.
  164         (4) “Compliance period” means the 3-year period after the
  165  establishment of the base year for a sales tax TIF area during
  166  which the minimum job requirement for a retail development
  167  project must be satisfied.
  168         (5)(2) “Department” means the Department of Economic
  169  Opportunity.
  170         (6)(3) “Governing body” means the council or other
  171  legislative body charged with governing the county or
  172  municipality.
  173         (7)(4) “Minority business enterprise” has the same meaning
  174  as provided in s. 288.703.
  175         (8) “Retail development project” means the establishment of
  176  a retail facility, under common ownership or control, consisting
  177  of more than 300,000 square feet of new or rehabilitated retail
  178  space within an enterprise zone engaged in direct onsite retail
  179  sales to consumers. A retail development project shall create at
  180  least 500 jobs within the compliance period and generate more
  181  than $1 million annually in additional taxes and fees collected
  182  pursuant to s. 212.20(6)(d)5. A retail development project may
  183  include restaurants, grocery and specialty food stores, art
  184  galleries, and businesses engaged in sales of home furnishings,
  185  apparel, and general merchandise goods serving both local
  186  customers and tourists. A retail development project shall
  187  exclude:
  188         (a) Liquor stores;
  189         (b) Adult entertainment nightclubs;
  190         (c) Adult book stores; and
  191         (d) The relocation of a retail business to the retail
  192  development project from another location within the enterprise
  193  zone, unless the relocation involves a significant expansion of
  194  the size of the business or results in a total increase in
  195  taxable sales of not less than 50 percent within the county in
  196  which the business relocates.
  197         (9) “Retail development project developer” means any person
  198  or entity sponsoring a retail development project within an
  199  enterprise zone.
  200         (10)(5) “Rural enterprise zone” means an enterprise zone
  201  that is nominated by a county having a population of 75,000 or
  202  fewer, or a county having a population of 100,000 or fewer which
  203  is contiguous to a county having a population of 75,000 or
  204  fewer, or by a municipality in such a county, or by such a
  205  county and one or more municipalities. An enterprise zone
  206  designated in accordance with s. 290.0065(5)(b) is considered to
  207  be a rural enterprise zone.
  208         (11) “Sales tax TIF area” means a geographic area within an
  209  enterprise zone that includes a retail development project,
  210  designated by a governing body to receive tax increment revenues
  211  or bond proceeds to underwrite improvements authorized under s.
  212  290.0056.
  213         (12)(6) “Small business” has the same meaning as provided
  214  in s. 288.703.
  215         (13) “Tax increment revenues” means the portion of
  216  available sales tax revenue calculated pursuant to s.
  217  290.0138(1).
  218         (14) “TIF” means tax increment financing.
  219         Section 5. Paragraph (a) of subsection (9) of section
  220  290.0056, Florida Statutes, is amended, subsections (11) and
  221  (12) are renumbered as subsections (12) and (13), respectively,
  222  and a new subsection (11) is added to that section, to read:
  223         290.0056 Enterprise zone development agency.—
  224         (9) The following powers and responsibilities shall be
  225  performed by the governing body creating the enterprise zone
  226  development agency acting as the managing agent of the
  227  enterprise zone development agency, or, contingent upon approval
  228  by such governing body, such powers and responsibilities shall
  229  be performed by the enterprise zone development agency:
  230         (a) To review, process, and certify applications for state
  231  enterprise zone tax incentives pursuant to ss. 212.08(5)(g),
  232  (h), and (15); 212.096; 220.181; and 220.182; and 290.0137.
  233         (11) Contingent upon the governing body’s designation of a
  234  sales tax TIF area, the governing body or the enterprise zone
  235  development agency may exercise the following additional powers
  236  for the purpose of financing public improvements that will
  237  foster job growth and enhance the base of retailers within an
  238  enterprise zone, unless otherwise prohibited by ordinance:
  239         (a) Enter into cooperative contracts and agreements with a
  240  county, municipality, or governmental agency for services and
  241  assistance within the sales tax TIF area;
  242         (b) Expend tax increment revenues to acquire, own, convey,
  243  construct, maintain, improve, and manage property and facilities
  244  and grant and acquire licenses, easements, and options with
  245  respect to such property within the sales tax TIF area;
  246         (c) Expend tax increment revenues to complete public
  247  improvements within the sales tax TIF area, including, but not
  248  limited to, the:
  249         1. Construction of streetscape improvements;
  250         2. Installation of landscaping enhancements within the
  251  public right-of-way;
  252         3. Construction of street lighting systems;
  253         4. Installation of water and sewer service mains; and
  254         5. Construction of on-street and off-street public parking
  255  facilities.
  256         (d) Enter into a retail development agreement with a retail
  257  project developer to underwrite public improvements or services
  258  identified in paragraphs (a)-(c).
  259         Section 6. Subsection (9) is added to section 290.007,
  260  Florida Statutes, to read:
  261         290.007 State incentives available in enterprise zones.—The
  262  following incentives are provided by the state to encourage the
  263  revitalization of enterprise zones:
  264         (9) The designation of a sales tax TIF area provided in s.
  265  290.0137.
  266         Section 7. Section 290.01351, Florida Statutes, is created
  267  to read:
  268         290.01351 Municipal Revitalization Act.—Sections 290.0136
  269  290.01391 may be cited as the “Municipal Revitalization Act.”
  270         Section 8. Section 290.0136, Florida Statutes, is created
  271  to read:
  272         290.0136 Sales tax TIF area; intent and purpose.—
  273         (1) The Legislature intends to foster the revitalization of
  274  counties and municipalities and support job-creating retail
  275  development projects within enterprise zones by authorizing the
  276  governing bodies of counties and municipalities to designate
  277  sales tax TIF areas within enterprise zones, subject to the
  278  review and approval by the department.
  279         (2) The Legislature finds that by authorizing local
  280  government governing bodies to designate a sales tax TIF area,
  281  the counties or municipalities may receive from the state a
  282  portion of an annual increase in sales tax collections generated
  283  by the development of a retail development project and will
  284  further the revitalization of such counties and municipalities.
  285  By authorizing the receipt of an annual increase in sales tax
  286  collections within a sales tax TIF area resulting from the
  287  retail development project, the Legislature intends to provide
  288  financing for public improvements that will foster job growth
  289  for the residents of economically distressed areas and enhance
  290  the base of retailers operating within the enterprise zone and
  291  serving local residents and international visitors.
  292         Section 9. Section 290.0137, Florida Statutes, is created
  293  to read:
  294         290.0137 Designation of sales tax TIF area; review and
  295  approval by the department.—
  296         (1) Any municipality having a population of at least
  297  300,000 residents that has designated an enterprise zone, or all
  298  of the governing bodies in the case of a county and one or more
  299  municipalities having designated an enterprise zone if the
  300  county has a population of at least 1,200,000 residents, may
  301  adopt a resolution after a public hearing designating a sales
  302  tax TIF area.
  303         (2) The resolution creating a sales tax TIF area, at a
  304  minimum, must:
  305         (a) Include findings that the designation of the sales tax
  306  TIF area:
  307         1. Is essential to furthering a retail development project;
  308         2. Will provide needed retail amenities within the
  309  enterprise zone;
  310         3. Will result in the development of a retail development
  311  project that will create no fewer than 500 new jobs within the
  312  compliance period and not less than $1 million in sales tax
  313  increment revenue annually; and
  314         4. Will enhance the health and general welfare of the
  315  residents of the enterprise zone within the sponsoring
  316  municipality or county;
  317         (b) Fix the geographic boundaries of the sales tax TIF area
  318  within which the governing body may expend tax increment
  319  revenues;
  320         (c) Establish the term of the life of the sales tax TIF
  321  area, which term may not extend more than 40 years after the
  322  date the sales tax TIF area is approved by the department; and
  323         (d) Establish the base year for determination of sales tax
  324  receipts collected pursuant to s. 212.20(6)(d)5., less the
  325  amount required under s. 290.0138(1).
  326         (3) No more than two sales tax TIF areas may be designated
  327  in any one eligible municipality. No more than four sales tax
  328  TIF areas may be designated in any eligible county. If an
  329  eligible municipality is located in an eligible county, any
  330  sales tax TIF area designated by a municipality shall count
  331  against the maximum number of sales tax TIF areas permitted
  332  within an eligible county. A sales tax TIF area may not be
  333  located within a one-quarter mile of any other designated sales
  334  tax TIF area and may not exceed 5 square miles in total land
  335  mass.
  336         (4) A designated sales tax TIF area may not include:
  337         (a) Areas designated or to be designated as an “urban
  338  infill and redevelopment area” pursuant to part II of chapter
  339  163;
  340         (b) Areas designated or to be designated as a “community
  341  redevelopment area” pursuant to part III of chapter 163;
  342         (c) Any facility financed or partially financed with bonds
  343  whose debt is serviced with proceeds collected under the
  344  authority provided under s. 125.0104; or
  345         (d) Any facility conducting gaming activities authorized
  346  pursuant to part II of chapter 285, chapter 550, chapter 551, or
  347  chapter 849. This prohibition shall extend to any facilities
  348  authorized to conduct gaming activities after the effective date
  349  of this act.
  350         (5) The powers conferred by ss. 290.0136-290.01391 upon
  351  counties not having adopted a home rule charter may not be
  352  exercised within the boundaries of a municipality within such
  353  county unless the governing body of the municipality expresses
  354  its consent by resolution. A resolution consenting to the
  355  exercise of the powers conferred upon counties by ss. 290.0136
  356  290.01391 must specifically enumerate the powers to be exercised
  357  by the county within the boundaries of the municipality. Any
  358  power not specifically enumerated in the resolution of consent
  359  shall be exercised exclusively by the municipality within its
  360  boundaries.
  361         (6) In any county that has adopted a home rule charter, the
  362  powers conferred by ss. 290.0136-290.01391 shall be exercised
  363  exclusively by the governing body of the county. However, the
  364  governing body of such county may, in its discretion, by
  365  resolution delegate the exercise of the powers conferred upon
  366  the county by ss. 290.0136-290.01391 within the boundaries of a
  367  municipality to the governing body of the municipality. Such
  368  delegation to a municipality confers upon a municipality only
  369  the powers that are specifically enumerated in the delegating
  370  resolution. Any power not specifically delegated is reserved
  371  exclusively to the governing body of the county.
  372         (7) Before the governing body adopts any resolution
  373  designating a sales tax TIF area pursuant to the requirements of
  374  this section or authorizes the issuance of redevelopment revenue
  375  bonds under s. 290.01391, the governing body must provide public
  376  notice of such proposed action pursuant to s. 125.66(2) or s.
  377  166.041(3)(a).
  378         (8) A copy of the resolution adopted by the governing body
  379  designating the sales tax TIF area must be transmitted to the
  380  department for review. The department shall determine whether
  381  the designation of the sales tax TIF area complies with the
  382  requirements of this chapter. When determining whether the
  383  designation complies with the requirements of this chapter, the
  384  department must consider whether the designation:
  385         (a) Captures taxable spending, either in whole or in
  386  significant part, that would not otherwise occur in the
  387  community rather than redistributing current spending;
  388         (b) Supports and enhances the tourism industry; and
  389         (c) Supports a retail development project that will meet
  390  the jobs and taxes and fees required to be generated under s.
  391  290.004.
  392         (9) If the department determines that the designation by
  393  the governing body complies with the requirements of this
  394  chapter, the department must provide written notification to the
  395  local governing body of such determination. Upon receipt of the
  396  notification, the local governing body must remit a copy of the
  397  resolution establishing the sales tax TIF area, along with the
  398  department’s notice of determination, to the Department of
  399  Revenue.
  400         Section 10. Section 290.0138, Florida Statutes, is created
  401  to read:
  402         290.0138 Calculation of tax increment revenue contribution
  403  to governing body.—
  404         (1) The governing body of a designated sales tax TIF area
  405  is eligible for a percentage distribution from the Revenue
  406  Sharing Trust Fund for Municipalities of the increased
  407  collections of the state tax on sales, use, and other
  408  transactions realized during any month by the municipality over
  409  the same monthly period of the base year, as follows:
  410         (a) Eighty-five percent of the increased monthly
  411  collections of $85,000 or less.
  412         (b) Seventy-five percent of the increased monthly
  413  collections greater than $85,000 but $425,000 or less.
  414         (c) Fifty percent of the increased monthly collections
  415  greater than $425,000 but $675,000 or less.
  416         (d) Twenty-five percent of the increased monthly
  417  collections greater than $675,000 but $1 million or less.
  418         (e) Zero percent of the increased monthly collections of
  419  more than $1 million.
  420         (2) The specific amount payable to each eligible governing
  421  body must be determined monthly by the Department of Revenue for
  422  distribution to the appropriate eligible governing body in
  423  accordance with subsection (1). The Department of Revenue must
  424  determine monthly the aggregate amount of sales tax revenue that
  425  is required for distribution to each eligible governing body
  426  under this section and transfer that amount from the General
  427  Revenue Fund to the Revenue Sharing Trust Fund for
  428  Municipalities in accordance with s. 212.20(6)(d)5. All amounts
  429  transferred to the Revenue Sharing Trust Fund for Municipalities
  430  must be distributed as provided in s. 218.23(3)(e). The total
  431  distribution provided to the eligible governing body may not
  432  exceed the total tax increment revenue contribution set forth in
  433  the retail project development agreement required pursuant to s.
  434  290.0139.
  435         (3) Percentage distributions to each governing body under
  436  subsection (1) are contingent upon the following:
  437         (a) A contribution by the local governing body equal to not
  438  less than 30 percent of the percent of the distributions of
  439  sales tax revenues provided to the governing body under
  440  subsection (1). Such matching contribution may be provided in
  441  one of the following forms:
  442         1. A cash deposit by the governing body to the revenue
  443  account established pursuant to subsection (4);
  444         2. A commitment within the governing body’s capital plan to
  445  underwrite any project within the sales TIF area; or
  446         3. Approval of an economic development ad valorem tax
  447  exemption by the governing body authorized under ss. 196.1995
  448  and 196.1996.
  449         (b) Total private investment in a retail development
  450  project equal to an amount not less than three times the state
  451  contribution; and
  452         (c) Annual transmittal of an employment certificate by the
  453  retail development project developer to the department and the
  454  Department of Revenue attesting to the total number of full-time
  455  and part-time jobs created by the retail development project.
  456         1. The retail development project developer must continue
  457  to provide such employment certificate until the end of the
  458  compliance period or transmittal of an employment certificate
  459  indicating that the retail development project has created the
  460  required minimum number of jobs, whichever occurs first. For
  461  purposes of determining whether the job requirement has been
  462  satisfied, two part-time jobs shall be counted as the equivalent
  463  of one full-time job.
  464         2. If the retail development project fails to create the
  465  required minimum number of jobs by the end of the compliance
  466  period, future percentage distributions to the governing body
  467  under subsection (1) must be reduced by the number of actual
  468  jobs created as a percentage of the minimum required jobs.
  469         (4) Each governing body receiving a percentage distribution
  470  under subsection (1) must establish a separate redevelopment
  471  trust fund for each designated sales tax TIF area. Funds
  472  allocated to and deposited in this fund may only be used to
  473  underwrite any eligible public improvements approved by the
  474  enterprise zone governing body pursuant to the authority
  475  provided in s. 290.0056 and ss. 290.0136-290.01391.
  476         Section 11. Section 290.0139, Florida Statutes, is created
  477  to read:
  478         290.0139 Retail development project agreement.—
  479         (1) A retail development project developer proposing to use
  480  tax increment revenues to expend sales tax increment revenues
  481  for purposes authorized under s. 290.0056 on behalf of the
  482  governing body or enterprise zone development agency may enter
  483  into a retail development project agreement with the governing
  484  body designating a sales tax TIF area. The agreement must set
  485  forth:
  486         (a) The goals and objectives of the retail development
  487  project;
  488         (b) Requirements for leasing retail space within the retail
  489  development project which will advance the governing body’s or
  490  enterprise zone development agency’s goals and objectives;
  491         (c) The terms and conditions pursuant to which tax
  492  increment revenue or bond proceeds will be advanced to pay for
  493  costs incurred in the sales tax TIF area;
  494         (d) Goals for the hiring of enterprise zone residents for
  495  the new jobs created by the retail development project;
  496         (e) Such matters as may be required in connection with the
  497  issuance of bonds to support the retail development project; and
  498         (f) Such other matters as the governing body designating
  499  the sales tax TIF area may determine to be necessary and
  500  appropriate.
  501         (2) A retail project development agreement must be approved
  502  by resolution of the governing body following a public hearing
  503  advertised in a newspaper of general circulation not less than
  504  10 days before the date of the required public hearing.
  505         (3) A retail development agreement must be transmitted to
  506  the department for review and determination that the agreement
  507  complies with the requirements of this chapter.
  508         Section 12. Section 290.01391, Florida Statutes, is created
  509  to read:
  510         290.01391 Issuance of sales tax increment revenue bonds;
  511  use of bond proceeds; funding agreement.—
  512         (1) If authorized or approved by resolution of the
  513  governing body that designated the sales tax TIF area, after a
  514  public hearing, tax increment revenues may be used to support
  515  the issuance of sales tax increment revenue bonds to finance the
  516  authorized public improvements, including, but not limited to,
  517  the payment of principal and interest upon any advances for
  518  surveys and plans or preliminary loans and to issue refunding
  519  bonds for the payment or retirement of bonds or other
  520  obligations previously issued. Sales tax increment revenue bonds
  521  may not be committed for any projects identified following the
  522  10th year after the base year established under s. 290.004. Any
  523  sales tax increment revenue bonds or other obligations issued to
  524  finance the undertaking of any eligible activity under ss.
  525  290.0136-290.01391 must mature by the end of the 40th fiscal
  526  year after the fiscal year in which sales tax increment revenues
  527  are first deposited into the sales tax TIF area trust fund or at
  528  the expiration of any agreement between the governing body and
  529  the retail project developer for which bonds are issued to
  530  underwrite eligible public improvements, whichever is later.
  531  However, any refunding bonds issued pursuant to this subsection
  532  may not mature later than the final maturity date of any bonds
  533  or other obligations issued pursuant to this subsection being
  534  paid or retired with the proceeds of such refunding bonds.
  535         (2) Sales tax increment revenue bonds issued under ss.
  536  290.0136-290.01391 may not be deemed to constitute a debt,
  537  liability, or obligation of the public body or the state or any
  538  political subdivision thereof, or a pledge of the faith and
  539  credit of the public body or the state or any political
  540  subdivision thereof, but shall be payable solely from the
  541  revenues provided therefor. All such sales tax increment revenue
  542  bonds must contain on the face thereof a statement to the effect
  543  that the agency may not be obligated to pay the same or the
  544  interest thereon except from the revenues of the sales tax TIF
  545  area held for that purpose and that neither the faith and credit
  546  nor the taxing power of the governing body or of the state or of
  547  any political subdivision thereof is pledged to the payment of
  548  the principal of, or the interest on, such bonds.
  549         (3) Bonds issued under this section must be authorized by
  550  resolution of the governing body and may be issued in one or
  551  more series and may bear such date or dates, be payable upon
  552  demand or mature at such time or times, bear interest at such
  553  rate or rates, be in such denomination or denominations, be in
  554  such form either with or without coupon or registered, carry
  555  such conversion or registration privileges, have such rank or
  556  priority, be executed in such manner, be payable in such medium
  557  of payment at such place or places, be subject to such terms of
  558  redemption with or without a premium, be secured in such manner,
  559  and have such other characteristics as may be provided by the
  560  resolution or ordinance authorizing their issuance. Bonds issued
  561  under this section may be sold in such manner, either at public
  562  or private sale, and for such price as the designated governing
  563  body may determine will effectuate the purposes of this section.
  564         (4) If the public officials of the county or municipal
  565  governing body whose signatures appear on any bonds or coupons
  566  issued under ss. 290.0136-290.01391 cease to be such officials
  567  before the delivery of such bonds, such signatures are,
  568  nevertheless, valid and sufficient for all purposes, the same as
  569  if such officials had remained in office until such delivery.
  570         (5) Bonds issued under ss. 290.0136-290.01391 are declared
  571  to be issued for an essential public and governmental purpose.
  572  In any suit, action, or proceeding involving the validity or
  573  enforceability of any bond issued under this section, any bond
  574  that recites in substance that it has been issued by the
  575  governing body in connection with the sales tax increment
  576  district for a purpose authorized under this section is
  577  conclusively presumed to have been issued for that purpose, and
  578  any project financed by the bond is conclusively presumed to
  579  have been planned and carried out in accordance with the
  580  intended purposes of this section.
  581         (6)If the enterprise zone program is not extended beyond
  582  the date set forth in s. 290.016 and bonds issued pursuant to
  583  this section remain outstanding, the Department of Revenue must
  584  continue to collect and remit tax increment revenues generated
  585  by the retail development project to service the outstanding
  586  bond obligations.
  588  ================= T I T L E  A M E N D M E N T ================
  589         And the title is amended as follows:
  590         Delete line 5
  591  and insert:
  592         military facility; amending s. 212.20, F.S.; providing
  593         for the transfer of certain sales tax revenues from
  594         the General Revenue Fund to the Revenue Sharing Trust
  595         Fund for Municipalities; amending s. 218.23, F.S.;
  596         providing for a distribution from the Revenue Sharing
  597         Trust Fund for Municipalities relating to an increase
  598         in sales tax collections over the preceding year to
  599         the governing body of an area that receives tax
  600         increment revenues pursuant to a designation as a
  601         sales tax TIF area; amending s. 290.004, F.S.;
  602         providing definitions; amending s. 290.0056, F.S.;
  603         revising provisions relating to the enterprise zone
  604         development agency; providing powers of the governing
  605         body upon the designation of a sales tax TIF area;
  606         amending s. 290.007, F.S.; providing designation of
  607         sales tax TIF areas as an economic incentive in
  608         enterprise zones; creating ss. 290.01351, 290.0136,
  609         290.0137, 290.0138, 290.0139, and 290.01391, F.S.;
  610         creating the “Municipal Revitalization Act”; providing
  611         legislative intent and purposes; authorizing specified
  612         governing bodies to create sales tax TIF areas within
  613         a county or municipality having a specified
  614         population; providing requirements, processes, and
  615         limitations relating to such sales tax TIF areas;
  616         providing that the governing body for an enterprise
  617         zone where a sales tax TIF area is located is eligible
  618         for specified percentage distributions of increased
  619         state sales tax collections under certain
  620         circumstances; requiring the Department of Revenue to
  621         determine the amount of increased sales tax
  622         collections to be distributed to each eligible
  623         designated enterprise zone redevelopment agency and to
  624         transfer the aggregate amount due to all such agencies
  625         to the Revenue Sharing Trust Fund for Municipalities
  626         for distribution; providing requirements and
  627         conditions relating to such distributions of increased
  628         sales tax collections to governing bodies; authorizing
  629         certain retail development project developers to enter
  630         into retail development project agreements with
  631         governing bodies designating sales tax TIF areas;
  632         providing requirements, limitations, and conditions
  633         relating to such retail development project
  634         agreements; granting specified powers to a governing
  635         body for a sales tax TIF area for the purpose of
  636         providing financing and fostering certain
  637         improvements, including issuing sales tax increment
  638         revenue bonds; providing for the issuance of tax
  639         increment revenue bonds and the use of such bonds;
  640         providing an effective date.