Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 9
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/30/2019 03:09 PM       .                                

       Senator Lee moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 112.3142, Florida Statutes, is amended
    6  to read:
    7         112.3142 Ethics training for specified constitutional
    8  officers, and elected municipal officers, and commissioners.—
    9         (1) As used in this section, the term “constitutional
   10  officers” includes the Governor, the Lieutenant Governor, the
   11  Attorney General, the Chief Financial Officer, the Commissioner
   12  of Agriculture, state attorneys, public defenders, sheriffs, tax
   13  collectors, property appraisers, supervisors of elections,
   14  clerks of the circuit court, county commissioners, district
   15  school board members, and superintendents of schools.
   16         (2)(a) All constitutional officers must complete 4 hours of
   17  ethics training each calendar year which addresses, at a
   18  minimum, s. 8, Art. II of the State Constitution, the Code of
   19  Ethics for Public Officers and Employees, and the public records
   20  and public meetings laws of this state. This requirement may be
   21  satisfied by completion of a continuing legal education class or
   22  other continuing professional education class, seminar, or
   23  presentation if the required subjects are covered.
   24         (b) Beginning January 1, 2015, All elected municipal
   25  officers must complete 4 hours of ethics training each calendar
   26  year which addresses, at a minimum, s. 8, Art. II of the State
   27  Constitution, the Code of Ethics for Public Officers and
   28  Employees, and the public records and public meetings laws of
   29  this state. This requirement may be satisfied by completion of a
   30  continuing legal education class or other continuing
   31  professional education class, seminar, or presentation if the
   32  required subjects are covered.
   33         (c) Beginning January 1, 2020, each commissioner of a
   34  community redevelopment agency created under part III of chapter
   35  163 must complete 4 hours of ethics training each calendar year
   36  which addresses, at a minimum, s. 8, Art. II of the State
   37  Constitution, the Code of Ethics for Public Officers and
   38  Employees, and the public records and public meetings laws of
   39  this state. This requirement may be satisfied by completion of a
   40  continuing legal education class or other continuing
   41  professional education class, seminar, or presentation, if the
   42  required subject material is covered by the class.
   43         (d) The commission shall adopt rules establishing minimum
   44  course content for the portion of an ethics training class which
   45  addresses s. 8, Art. II of the State Constitution and the Code
   46  of Ethics for Public Officers and Employees.
   47         (e)(d) The Legislature intends that a constitutional
   48  officer or elected municipal officer who is required to complete
   49  ethics training pursuant to this section receive the required
   50  training as close as possible to the date that he or she assumes
   51  office. A constitutional officer or elected municipal officer
   52  assuming a new office or new term of office on or before March
   53  31 must complete the annual training on or before December 31 of
   54  the year in which the term of office began. A constitutional
   55  officer or elected municipal officer assuming a new office or
   56  new term of office after March 31 is not required to complete
   57  ethics training for the calendar year in which the term of
   58  office began.
   59         (3) Each house of the Legislature shall provide for ethics
   60  training pursuant to its rules.
   61         Section 2. Paragraphs (c) and (d) of subsection (3) of
   62  section 163.356, Florida Statutes, are amended to read:
   63         163.356 Creation of community redevelopment agency.—
   64         (3)
   65         (c) The governing body of the county or municipality shall
   66  designate a chair and vice chair from among the commissioners.
   67  An agency may employ an executive director, technical experts,
   68  and such other agents and employees, permanent and temporary, as
   69  it requires, and determine their qualifications, duties, and
   70  compensation. For such legal service as it requires, an agency
   71  may employ or retain its own counsel and legal staff.
   72         (d) An agency authorized to transact business and exercise
   73  powers under this part shall file with the governing body the
   74  report required pursuant to s. 163.371(1), on or before March 31
   75  of each year, a report of its activities for the preceding
   76  fiscal year, which report shall include a complete financial
   77  statement setting forth its assets, liabilities, income, and
   78  operating expenses as of the end of such fiscal year. At the
   79  time of filing the report, the agency shall publish in a
   80  newspaper of general circulation in the community a notice to
   81  the effect that such report has been filed with the county or
   82  municipality and that the report is available for inspection
   83  during business hours in the office of the clerk of the city or
   84  county commission and in the office of the agency.
   85         (e)(d) At any time after the creation of a community
   86  redevelopment agency, the governing body of the county or
   87  municipality may appropriate to the agency such amounts as the
   88  governing body deems necessary for the administrative expenses
   89  and overhead of the agency, including the development and
   90  implementation of community policing innovations.
   91         Section 3. Subsection (1) of section 163.367, Florida
   92  Statutes, is amended to read:
   93         163.367 Public officials, commissioners, and employees
   94  subject to code of ethics.—
   95         (1) The officers, commissioners, and employees of a
   96  community redevelopment agency created by, or designated
   97  pursuant to, s. 163.356 or s. 163.357 are shall be subject to
   98  the provisions and requirements of part III of chapter 112, and
   99  commissioners also must comply with the ethics training
  100  requirements as imposed in s. 112.3142.
  101         Section 4. Subsection (5) is added to section 163.370,
  102  Florida Statutes, to read:
  103         163.370 Powers; counties and municipalities; community
  104  redevelopment agencies.—
  105         (5) A community redevelopment agency shall procure all
  106  commodities and services under the same purchasing processes and
  107  requirements that apply to the county or municipality that
  108  created the agency.
  109         Section 5. Section 163.371, Florida Statutes, is created to
  110  read:
  111         163.371Reporting requirements.—
  112         (1)By January 1, 2020, each community redevelopment agency
  113  shall publish on its website digital maps that depict the
  114  geographic boundaries and total acreage of the community
  115  redevelopment agency. If any change is made to the boundaries or
  116  total acreage, the agency shall post updated map files on its
  117  website within 60 days after the date such change takes effect.
  118         (2)Beginning March 31, 2020, and not later than March 31
  119  of each year thereafter, a community redevelopment agency shall
  120  file an annual report with the county or municipality that
  121  created the agency and publish the report on the agency’s
  122  website. The report must include the following information:
  123         (a)The most recent complete audit report of the
  124  redevelopment trust fund as required in s. 163.387(8). If the
  125  audit report for the previous year is not available by March 31,
  126  a community redevelopment agency shall publish the audit report
  127  on its website within 45 days after completion.
  128         (b)The performance data for each plan authorized,
  129  administered, or overseen by the community redevelopment agency
  130  as of December 31 of the reporting year, including the:
  131         1.Total number of projects started and completed and the
  132  estimated cost for each project.
  133         2.Total expenditures from the redevelopment trust fund.
  134         3.Original assessed real property values within the
  135  community redevelopment agency’s area of authority as of the day
  136  the agency was created.
  137         4.Total assessed real property values of property within
  138  the boundaries of the community redevelopment agency as of
  139  January 1 of the reporting year.
  140         5.Total amount expended for affordable housing for low
  141  income and middle-income residents.
  142         (c)A summary indicating to what extent, if any, the
  143  community redevelopment agency has achieved the goals set out in
  144  its community redevelopment plan.
  145         Section 6. Section 163.3755, Florida Statutes, is created
  146  to read:
  147         163.3755Termination of community redevelopment agencies.—
  148         (1)A community redevelopment agency in existence on
  149  October 1, 2019, shall terminate on the expiration date provided
  150  in the agency’s charter on October 1, 2019, or on September 30,
  151  2039, whichever is earlier, unless the governing body of the
  152  county or municipality that created the community redevelopment
  153  agency approves its continued existence by a majority vote of
  154  the members of the governing body.
  155         (2)(a)If the governing body of the county or municipality
  156  that created the community redevelopment agency does not approve
  157  its continued existence by a majority vote of the governing body
  158  members, a community redevelopment agency with outstanding bonds
  159  as of October 1, 2019, that do not mature until after the
  160  termination date of the agency or September 30, 2039, whichever
  161  is earlier, remains in existence until the date the bonds
  162  mature.
  163         (b)A community redevelopment agency operating under this
  164  subsection on or after September 30, 2039, may not extend the
  165  maturity date of any outstanding bonds.
  166         (c)The county or municipality that created the community
  167  redevelopment agency must issue a new finding of necessity
  168  limited to timely meeting the remaining bond obligations of the
  169  community redevelopment agency.
  170         Section 7. Section 163.3756, Florida Statutes, is created
  171  to read:
  172         163.3756Inactive community redevelopment agencies.—
  173         (1)The Legislature finds that a number of community
  174  redevelopment agencies continue to exist, but do not report any
  175  revenues, expenditures, or debt in the annual reports they file
  176  with the Department of Financial Services pursuant to s. 218.32.
  177         (2)(a)A community redevelopment agency that has reported
  178  no revenue, no expenditures, and no debt under s. 189.016(9) or
  179  s. 218.32 for 6 consecutive fiscal years beginning no earlier
  180  than October 1, 2016, must be declared inactive by the
  181  Department of Economic Opportunity, which shall notify the
  182  agency of the declaration. If the agency does not have board
  183  members or an agent, the notice of the declaration of inactive
  184  status must be delivered to the county or municipal governing
  185  board or commission that created the agency.
  186         (b)The governing board of a community redevelopment agency
  187  that is declared inactive under this section may seek to
  188  invalidate the declaration by initiating proceedings under s.
  189  189.062(5) within 30 days after the date of the receipt of the
  190  notice from the Department of Economic Opportunity.
  191         (3)A community redevelopment agency that is declared
  192  inactive under this section may expend funds from the
  193  redevelopment trust fund only as necessary to service
  194  outstanding bond debt. The agency may not expend other funds in
  195  the absence of an ordinance of the local governing body that
  196  created the agency which consents to the expenditure of such
  197  funds.
  198         (4)The provisions of s. 189.062(2) and (4) do not apply to
  199  a community redevelopment agency that has been declared inactive
  200  under this section.
  201         (5)The provisions of this section are cumulative to the
  202  provisions of s. 189.062. To the extent the provisions of this
  203  section conflict with the provisions of s. 189.062, this section
  204  prevails.
  205         (6)The Department of Economic Opportunity shall maintain
  206  on its website a separate list of community redevelopment
  207  agencies declared inactive under this section.
  208         Section 8. Paragraph (a) of subsection (1), subsection (6),
  209  paragraph (d) of subsection (7), and subsection (8) of section
  210  163.387, Florida Statutes, are amended to read:
  211         163.387 Redevelopment trust fund.—
  212         (1)(a) After approval of a community redevelopment plan,
  213  there may be established for each community redevelopment agency
  214  created under s. 163.356 a redevelopment trust fund. Funds
  215  allocated to and deposited into this fund shall be used by the
  216  agency to finance or refinance any community redevelopment it
  217  undertakes pursuant to the approved community redevelopment
  218  plan. No community redevelopment agency may receive or spend any
  219  increment revenues pursuant to this section unless and until the
  220  governing body has, by ordinance, created the trust fund and
  221  provided for the funding of the redevelopment trust fund until
  222  the time certain set forth in the community redevelopment plan
  223  as required by s. 163.362(10). Such ordinance may be adopted
  224  only after the governing body has approved a community
  225  redevelopment plan. The annual funding of the redevelopment
  226  trust fund shall be in an amount not less than that increment in
  227  the income, proceeds, revenues, and funds of each taxing
  228  authority derived from or held in connection with the
  229  undertaking and carrying out of community redevelopment under
  230  this part. Such increment shall be determined annually and shall
  231  be that amount equal to 95 percent of the difference between:
  232         1. The amount of ad valorem taxes levied each year by each
  233  taxing authority, exclusive of any amount from any debt service
  234  millage, on taxable real property contained within the
  235  geographic boundaries of a community redevelopment area; and
  236         2. The amount of ad valorem taxes which would have been
  237  produced by the rate upon which the tax is levied each year by
  238  or for each taxing authority, exclusive of any debt service
  239  millage, upon the total of the assessed value of the taxable
  240  real property in the community redevelopment area as shown upon
  241  the most recent assessment roll used in connection with the
  242  taxation of such property by each taxing authority prior to the
  243  effective date of the ordinance providing for the funding of the
  244  trust fund.
  246  However, the governing body of any county as defined in s.
  247  125.011(1) may, in the ordinance providing for the funding of a
  248  trust fund established with respect to any community
  249  redevelopment area created on or after July 1, 1994, determine
  250  that the amount to be funded by each taxing authority annually
  251  shall be less than 95 percent of the difference between
  252  subparagraphs 1. and 2., but in no event shall such amount be
  253  less than 50 percent of such difference.
  254         (6) Effective October 1, 2019, moneys in the redevelopment
  255  trust fund may be expended from time to time for undertakings of
  256  a community redevelopment agency as described in the community
  257  redevelopment plan only pursuant to an annual budget adopted by
  258  the board of commissioners of the community redevelopment agency
  259  and only for the following purposes specified in paragraph (c).,
  260  including, but not limited to:
  261         (a) Except as otherwise provided in this subsection, a
  262  community redevelopment agency shall comply with the
  263  requirements of s. 189.016.
  264         (b)A community redevelopment agency created by a
  265  municipality shall submit its annual budget to the board of
  266  county commissioners for the county in which the agency is
  267  located within 10 days after the adoption of such budget and
  268  submit amendments of its annual budget to the board of county
  269  commissioners within 10 days after the adoption date of the
  270  amended budget Administrative and overhead expenses necessary or
  271  incidental to the implementation of a community redevelopment
  272  plan adopted by the agency.
  273         (c)The annual budget of a community redevelopment agency
  274  may provide for payment of the following expenses:
  275         1.Administrative and overhead expenses directly or
  276  indirectly necessary to implement a community redevelopment plan
  277  adopted by the agency.
  278         2.(b) Expenses of redevelopment planning, surveys, and
  279  financial analysis, including the reimbursement of the governing
  280  body or the community redevelopment agency for such expenses
  281  incurred before the redevelopment plan was approved and adopted.
  282         3.(c) The acquisition of real property in the redevelopment
  283  area.
  284         4.(d) The clearance and preparation of any redevelopment
  285  area for redevelopment and relocation of site occupants within
  286  or outside the community redevelopment area as provided in s.
  287  163.370.
  288         5.(e) The repayment of principal and interest or any
  289  redemption premium for loans, advances, bonds, bond anticipation
  290  notes, and any other form of indebtedness.
  291         6.(f) All expenses incidental to or connected with the
  292  issuance, sale, redemption, retirement, or purchase of bonds,
  293  bond anticipation notes, or other form of indebtedness,
  294  including funding of any reserve, redemption, or other fund or
  295  account provided for in the ordinance or resolution authorizing
  296  such bonds, notes, or other form of indebtedness.
  297         7.(g) The development of affordable housing within the
  298  community redevelopment area.
  299         8.(h) The development of community policing innovations.
  300         9.Expenses that are necessary to exercise the powers
  301  granted under s. 163.370, as delegated under s. 163.358.
  302         (7) On the last day of the fiscal year of the community
  303  redevelopment agency, any money which remains in the trust fund
  304  after the payment of expenses pursuant to subsection (6) for
  305  such year shall be:
  306         (d) Appropriated to a specific redevelopment project
  307  pursuant to an approved community redevelopment plan. The funds
  308  appropriated for such project may not be changed unless the
  309  project is amended, redesigned, or delayed, in which case the
  310  funds must be reappropriated pursuant to the next annual budget
  311  adopted by the board of commissioners of the community
  312  redevelopment agency which project will be completed within 3
  313  years from the date of such appropriation.
  314         (8)(a) Each community redevelopment agency with revenues or
  315  a total of expenditures and expenses in excess of $100,000, as
  316  reported on the trust fund financial statements, shall provide
  317  for a financial an audit of the trust fund each fiscal year and
  318  a report of such audit to be prepared by an independent
  319  certified public accountant or firm. Each financial audit
  320  conducted pursuant to this subsection must be conducted in
  321  accordance with rules for audits of local governments adopted by
  322  the Auditor General.
  323         (b)The audit Such report must: shall
  324         1. Describe the amount and source of deposits into, and the
  325  amount and purpose of withdrawals from, the trust fund during
  326  such fiscal year and the amount of principal and interest paid
  327  during such year on any indebtedness to which increment revenues
  328  are pledged and the remaining amount of such indebtedness.
  329         2.Include financial statements identifying the assets,
  330  liabilities, income, and operating expenses of the community
  331  redevelopment agency as of the end of such fiscal year.
  332         3.Include a finding by the auditor as to whether the
  333  community redevelopment agency is in compliance with subsections
  334  (6) and (7).
  335         (c)The audit report for the community redevelopment agency
  336  must accompany the annual financial report submitted by the
  337  county or municipality that created the agency to the Department
  338  of Financial Services as provided in s. 218.32, regardless of
  339  whether the agency reports separately under that section.
  340         (d) The agency shall provide by registered mail a copy of
  341  the audit report to each taxing authority.
  342         Section 9. Subsection (3) of section 218.32, Florida
  343  Statutes, is amended to read:
  344         218.32 Annual financial reports; local governmental
  345  entities.—
  346         (3)(a) The department shall notify the President of the
  347  Senate and the Speaker of the House of Representatives of any
  348  municipality that has not reported any financial activity for
  349  the last 4 fiscal years. Such notice must be sufficient to
  350  initiate dissolution procedures as described in s.
  351  165.051(1)(a). Any special law authorizing the incorporation or
  352  creation of the municipality must be included within the
  353  notification.
  354         (b)Failure of a county or municipality required under s.
  355  163.387(8) to include with its annual financial report to the
  356  department a financial audit report for each community
  357  redevelopment agency created by that county or municipality
  358  constitutes a failure to report under this section.
  359         (c)By November 1 of each year, the department must provide
  360  the Special District Accountability Program of the Department of
  361  Economic Opportunity with a list of each community redevelopment
  362  agency that does not report any revenues, expenditures, or debt
  363  for the community redevelopment agency’s previous fiscal year.
  364         Section 10. This act shall take effect October 1, 2019.
  366  ================= T I T L E  A M E N D M E N T ================
  367  And the title is amended as follows:
  368         Delete everything before the enacting clause
  369  and insert:
  370                        A bill to be entitled                      
  371         An act relating to community redevelopment agencies;
  372         amending s. 112.3142, F.S.; requiring ethics training
  373         for community redevelopment agency commissioners;
  374         specifying requirements for such training; amending s.
  375         163.356, F.S.; revising reporting requirements;
  376         deleting provisions requiring certain annual reports;
  377         amending s. 163.367, F.S.; requiring ethics training
  378         for community redevelopment agency commissioners;
  379         amending s. 163.370, F.S.; requiring a community
  380         redevelopment agency to follow certain procurement
  381         procedures; creating s. 163.371, F.S.; requiring a
  382         community redevelopment agency to publish certain
  383         digital boundary maps on its website; providing annual
  384         reporting requirements; requiring a community
  385         redevelopment agency to publish the annual reports on
  386         its website; creating s. 163.3755, F.S.; providing
  387         termination dates for certain community redevelopment
  388         agencies; creating s. 163.3756, F.S.; providing
  389         legislative findings; requiring the Department of
  390         Economic Opportunity to declare inactive community
  391         redevelopment agencies that have reported no financial
  392         activity for a specified number of years; providing
  393         hearing procedures; authorizing certain financial
  394         activity by a community redevelopment agency that is
  395         declared inactive; providing applicability; providing
  396         construction; requiring the department to maintain a
  397         list on its website identifying all inactive community
  398         redevelopment agencies; amending s. 163.387, F.S.;
  399         specifying the level of tax increment financing that a
  400         governing body may establish for funding the
  401         redevelopment trust fund; effective on a specified
  402         date, revising requirements for the use of
  403         redevelopment trust fund proceeds; limiting allowed
  404         expenditures; revising requirements for the annual
  405         budget of a community redevelopment agency; revising
  406         requirements for use of moneys in the redevelopment
  407         trust fund for specific redevelopment projects;
  408         revising requirements for the annual audit; requiring
  409         the audit to be included with the financial report of
  410         the county or municipality that created the community
  411         redevelopment agency; amending s. 218.32, F.S.;
  412         revising criteria for finding that a county or
  413         municipality failed to file a report; requiring the
  414         Department of Financial Services to provide a report
  415         to the Department of Economic Opportunity concerning
  416         community redevelopment agencies reporting no
  417         revenues, expenditures, or debts; providing an
  418         effective date.