Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 9
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/30/2019 03:09 PM       .                                

       Senator Powell moved the following:
    1         Senate Amendment to Amendment (811912) 
    3         Delete lines 152 - 246
    4  and insert:
    5  community redevelopment agency approves its continued existence
    6  by a majority vote of the members of the governing body.
    7         (2)(a)If the governing body of the community redevelopment
    8  agency does not approve its continued existence by a majority
    9  vote of the governing body members, a community redevelopment
   10  agency with outstanding bonds as of October 1, 2019, that do not
   11  mature until after the termination date of the agency or
   12  September 30, 2039, whichever is earlier, remains in existence
   13  until the date the bonds mature.
   14         (b)A community redevelopment agency operating under this
   15  subsection on or after September 30, 2039, may not extend the
   16  maturity date of any outstanding bonds.
   17         (c)The county or municipality that created the community
   18  redevelopment agency must issue a new finding of necessity
   19  limited to timely meeting the remaining bond obligations of the
   20  community redevelopment agency.
   21         Section 7. Section 163.3756, Florida Statutes, is created
   22  to read:
   23         163.3756Inactive community redevelopment agencies.—
   24         (1)The Legislature finds that a number of community
   25  redevelopment agencies continue to exist, but do not report any
   26  revenues, expenditures, or debt in the annual reports they file
   27  with the Department of Financial Services pursuant to s. 218.32.
   28         (2)(a)A community redevelopment agency that has reported
   29  no revenue, no expenditures, and no debt under s. 189.016(9) or
   30  s. 218.32 for 6 consecutive fiscal years beginning no earlier
   31  than October 1, 2016, must be declared inactive by the
   32  Department of Economic Opportunity, which shall notify the
   33  agency of the declaration. If the agency does not have board
   34  members or an agent, the notice of the declaration of inactive
   35  status must be delivered to the county or municipal governing
   36  board or commission that created the agency.
   37         (b)The governing board of a community redevelopment agency
   38  that is declared inactive under this section may seek to
   39  invalidate the declaration by initiating proceedings under s.
   40  189.062(5) within 30 days after the date of the receipt of the
   41  notice from the Department of Economic Opportunity.
   42         (3)A community redevelopment agency that is declared
   43  inactive under this section may expend funds from the
   44  redevelopment trust fund only as necessary to service
   45  outstanding bond debt. The agency may not expend other funds in
   46  the absence of an ordinance of the local governing body that
   47  created the agency which consents to the expenditure of such
   48  funds.
   49         (4)The provisions of s. 189.062(2) and (4) do not apply to
   50  a community redevelopment agency that has been declared inactive
   51  under this section.
   52         (5)The provisions of this section are cumulative to the
   53  provisions of s. 189.062. To the extent the provisions of this
   54  section conflict with the provisions of s. 189.062, this section
   55  prevails.
   56         (6)The Department of Economic Opportunity shall maintain
   57  on its website a separate list of community redevelopment
   58  agencies declared inactive under this section.
   59         Section 8. Paragraph (a) of subsection (1), subsection (6),
   60  paragraph (d) of subsection (7), and subsection (8) of section
   61  163.387, Florida Statutes, are amended to read:
   62         163.387 Redevelopment trust fund.—
   63         (1)(a) After approval of a community redevelopment plan,
   64  there may be established for each community redevelopment agency
   65  created under s. 163.356 a redevelopment trust fund. Funds
   66  allocated to and deposited into this fund shall be used by the
   67  agency to finance or refinance any community redevelopment it
   68  undertakes pursuant to the approved community redevelopment
   69  plan. No community redevelopment agency may receive or spend any
   70  increment revenues pursuant to this section unless and until the
   71  governing body has, by ordinance, created the trust fund and
   72  provided for the funding of the redevelopment trust fund until
   73  the time certain set forth in the community redevelopment plan
   74  as required by s. 163.362(10). Such ordinance may be adopted
   75  only after the governing body has approved a community
   76  redevelopment plan. The annual funding of the redevelopment
   77  trust fund shall be in an amount not less than that increment in
   78  the income, proceeds, revenues, and funds of each taxing
   79  authority derived from or held in connection with the
   80  undertaking and carrying out of community redevelopment under
   81  this part. Such increment shall be determined annually and shall
   82  be that amount equal to 95 percent of the difference between:
   83         1. The amount of ad valorem taxes levied each year by each
   84  taxing authority, exclusive of any amount from any debt service
   85  millage, on taxable real property contained within the
   86  geographic boundaries of a community redevelopment area; and
   87         2. The amount of ad valorem taxes which would have been
   88  produced by the rate upon which the tax is levied each year by
   89  or for each taxing authority, exclusive of any debt service
   90  millage, upon the total of the assessed value of the taxable
   91  real property in the community redevelopment area as shown upon
   92  the most recent assessment roll used in connection with the
   93  taxation of such property by each taxing authority prior to the
   94  effective date of the ordinance providing for the funding of the
   95  trust fund.
   97  However, the governing body of the community redevelopment
   98  agency any county as defined in s.