Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1962
       
       
       
       
       
       
                                Barcode 139866                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2011           .                                
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       The Committee on Community Affairs (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (2) of section
    6  212.096, Florida Statutes, is amended to read:
    7         212.096 Sales, rental, storage, use tax; enterprise zone
    8  jobs credit against sales tax.—
    9         (2)
   10         (b) The credit shall be computed as 20 percent of the
   11  actual monthly wages paid in this state to each new employee
   12  hired when a new job has been created, unless the business is
   13  located within a rural enterprise zone pursuant to s.
   14  290.004(10) s. 290.004(6), in which case the credit shall be 30
   15  percent of the actual monthly wages paid. If no less than 20
   16  percent of the employees of the business are residents of an
   17  enterprise zone, excluding temporary and part-time employees,
   18  the credit shall be computed as 30 percent of the actual monthly
   19  wages paid in this state to each new employee hired when a new
   20  job has been created, unless the business is located within a
   21  rural enterprise zone, in which case the credit shall be 45
   22  percent of the actual monthly wages paid. If the new employee
   23  hired when a new job is created is a participant in the welfare
   24  transition program, the following credit shall be a percent of
   25  the actual monthly wages paid: 40 percent for $4 above the
   26  hourly federal minimum wage rate; 41 percent for $5 above the
   27  hourly federal minimum wage rate; 42 percent for $6 above the
   28  hourly federal minimum wage rate; 43 percent for $7 above the
   29  hourly federal minimum wage rate; and 44 percent for $8 above
   30  the hourly federal minimum wage rate. For purposes of this
   31  paragraph, monthly wages shall be computed as one-twelfth of the
   32  expected annual wages paid to such employee. The amount paid as
   33  wages to a new employee is the compensation paid to such
   34  employee that is subject to unemployment tax. The credit shall
   35  be allowed for up to 24 consecutive months, beginning with the
   36  first tax return due pursuant to s. 212.11 after approval by the
   37  department.
   38         Section 2. Paragraph (d) of subsection (6) of section
   39  212.20, Florida Statutes, is amended to read:
   40         212.20 Funds collected, disposition; additional powers of
   41  department; operational expense; refund of taxes adjudicated
   42  unconstitutionally collected.—
   43         (6) Distribution of all proceeds under this chapter and s.
   44  202.18(1)(b) and (2)(b) shall be as follows:
   45         (d) The proceeds of all other taxes and fees imposed
   46  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   47  and (2)(b) shall be distributed as follows:
   48         1. In any fiscal year, the greater of $500 million, minus
   49  an amount equal to 4.6 percent of the proceeds of the taxes
   50  collected pursuant to chapter 201, or 5.2 percent of all other
   51  taxes and fees imposed pursuant to this chapter or remitted
   52  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   53  monthly installments into the General Revenue Fund.
   54         2. After the distribution under subparagraph 1., 8.814
   55  percent of the amount remitted by a sales tax dealer located
   56  within a participating county pursuant to s. 218.61 shall be
   57  transferred into the Local Government Half-cent Sales Tax
   58  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   59  transferred shall be reduced by 0.1 percent, and the department
   60  shall distribute this amount to the Public Employees Relations
   61  Commission Trust Fund less $5,000 each month, which shall be
   62  added to the amount calculated in subparagraph 3. and
   63  distributed accordingly.
   64         3. After the distribution under subparagraphs 1. and 2.,
   65  0.095 percent shall be transferred to the Local Government Half
   66  cent Sales Tax Clearing Trust Fund and distributed pursuant to
   67  s. 218.65.
   68         4. After the distributions under subparagraphs 1., 2., and
   69  3., 2.0440 percent of the available proceeds shall be
   70  transferred monthly to the Revenue Sharing Trust Fund for
   71  Counties pursuant to s. 218.215.
   72         5. After the distributions under subparagraphs 1., 2., and
   73  3., 1.3409 percent of the available proceeds, plus the amount
   74  required under s. 290.0138(2), shall be transferred monthly to
   75  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
   76  218.215. If the total revenue to be distributed pursuant to this
   77  subparagraph is at least as great as the amount due from the
   78  Revenue Sharing Trust Fund for Municipalities and the former
   79  Municipal Financial Assistance Trust Fund in state fiscal year
   80  1999-2000, no municipality shall receive less than the amount
   81  due from the Revenue Sharing Trust Fund for Municipalities and
   82  the former Municipal Financial Assistance Trust Fund in state
   83  fiscal year 1999-2000. If the total proceeds to be distributed
   84  are less than the amount received in combination from the
   85  Revenue Sharing Trust Fund for Municipalities and the former
   86  Municipal Financial Assistance Trust Fund in state fiscal year
   87  1999-2000, each municipality shall receive an amount
   88  proportionate to the amount it was due in state fiscal year
   89  1999-2000.
   90         6. Of the remaining proceeds:
   91         a. In each fiscal year, the sum of $29,915,500 shall be
   92  divided into as many equal parts as there are counties in the
   93  state, and one part shall be distributed to each county. The
   94  distribution among the several counties must begin each fiscal
   95  year on or before January 5th and continue monthly for a total
   96  of 4 months. If a local or special law required that any moneys
   97  accruing to a county in fiscal year 1999-2000 under the then
   98  existing provisions of s. 550.135 be paid directly to the
   99  district school board, special district, or a municipal
  100  government, such payment must continue until the local or
  101  special law is amended or repealed. The state covenants with
  102  holders of bonds or other instruments of indebtedness issued by
  103  local governments, special districts, or district school boards
  104  before July 1, 2000, that it is not the intent of this
  105  subparagraph to adversely affect the rights of those holders or
  106  relieve local governments, special districts, or district school
  107  boards of the duty to meet their obligations as a result of
  108  previous pledges or assignments or trusts entered into which
  109  obligated funds received from the distribution to county
  110  governments under then-existing s. 550.135. This distribution
  111  specifically is in lieu of funds distributed under s. 550.135
  112  before July 1, 2000.
  113         b. The department shall distribute $166,667 monthly
  114  pursuant to s. 288.1162 to each applicant certified as a
  115  facility for a new or retained professional sports franchise
  116  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  117  monthly by the department to each certified applicant as defined
  118  in s. 288.11621 for a facility for a spring training franchise.
  119  However, not more than $416,670 may be distributed monthly in
  120  the aggregate to all certified applicants for facilities for
  121  spring training franchises. Distributions begin 60 days after
  122  such certification and continue for not more than 30 years,
  123  except as otherwise provided in s. 288.11621. A certified
  124  applicant identified in this sub-subparagraph may not receive
  125  more in distributions than expended by the applicant for the
  126  public purposes provided for in s. 288.1162(5) or s.
  127  288.11621(3).
  128         c. Beginning 30 days after notice by the Office of Tourism,
  129  Trade, and Economic Development to the Department of Revenue
  130  that an applicant has been certified as the professional golf
  131  hall of fame pursuant to s. 288.1168 and is open to the public,
  132  $166,667 shall be distributed monthly, for up to 300 months, to
  133  the applicant.
  134         d. Beginning 30 days after notice by the Office of Tourism,
  135  Trade, and Economic Development to the Department of Revenue
  136  that the applicant has been certified as the International Game
  137  Fish Association World Center facility pursuant to s. 288.1169,
  138  and the facility is open to the public, $83,333 shall be
  139  distributed monthly, for up to 168 months, to the applicant.
  140  This distribution is subject to reduction pursuant to s.
  141  288.1169. A lump sum payment of $999,996 shall be made, after
  142  certification and before July 1, 2000.
  143         7. All other proceeds must remain in the General Revenue
  144  Fund.
  145         Section 3. Subsection (3) of section 218.23, Florida
  146  Statutes, is amended to read:
  147         218.23 Revenue sharing with units of local government.—
  148         (3) The distribution to a unit of local government under
  149  this part is determined by the following formula:
  150         (a) First, the entitlement of an eligible unit of local
  151  government shall be computed on the basis of the apportionment
  152  factor provided in s. 218.245, which shall be applied for all
  153  eligible units of local government to all receipts available for
  154  distribution in the respective revenue sharing trust fund.
  155         (b) Second, revenue shared with eligible units of local
  156  government for any fiscal year shall be adjusted so that no
  157  eligible unit of local government receives less funds than its
  158  guaranteed entitlement.
  159         (c) Third, revenues shared with counties for any fiscal
  160  year shall be adjusted so that no county receives less funds
  161  than its guaranteed entitlement plus the second guaranteed
  162  entitlement for counties.
  163         (d) Fourth, revenue shared with units of local government
  164  for any fiscal year shall be adjusted so that no unit of local
  165  government receives less funds than its minimum entitlement.
  166         (e) Fifth, after the adjustments provided in paragraphs
  167  (b), (c), and (d), the funds remaining in the respective trust
  168  fund for municipalities shall be distributed to the appropriate
  169  governing body eligible for a distribution under ss. 290.0137
  170  and 290.0138.
  171         (f)(e)Sixth Fifth, after the adjustments provided in
  172  paragraphs (b), (c), and (d), and (e), and after deducting the
  173  amount committed to all the units of local government, the funds
  174  remaining in the respective trust funds shall be distributed to
  175  those eligible units of local government which qualify to
  176  receive additional moneys beyond the guaranteed entitlement, on
  177  the basis of the additional money of each qualified unit of
  178  local government in proportion to the total additional money of
  179  all qualified units of local government.
  180         Section 4. Paragraph (a) of subsection (1) of section
  181  220.181, Florida Statutes, is amended to read:
  182         220.181 Enterprise zone jobs credit.—
  183         (1)(a) There shall be allowed a credit against the tax
  184  imposed by this chapter to any business located in an enterprise
  185  zone which demonstrates to the department that, on the date of
  186  application, the total number of full-time jobs is greater than
  187  the total was 12 months prior to that date. The credit shall be
  188  computed as 20 percent of the actual monthly wages paid in this
  189  state to each new employee hired when a new job has been
  190  created, as defined under s. 220.03(1)(ee), unless the business
  191  is located in a rural enterprise zone, pursuant to s.
  192  290.004(10) s. 290.004(6), in which case the credit shall be 30
  193  percent of the actual monthly wages paid. If no less than 20
  194  percent of the employees of the business are residents of an
  195  enterprise zone, excluding temporary and part-time employees,
  196  the credit shall be computed as 30 percent of the actual monthly
  197  wages paid in this state to each new employee hired when a new
  198  job has been created, unless the business is located in a rural
  199  enterprise zone, in which case the credit shall be 45 percent of
  200  the actual monthly wages paid, for a period of up to 24
  201  consecutive months. If the new employee hired when a new job is
  202  created is a participant in the welfare transition program, the
  203  following credit shall be a percent of the actual monthly wages
  204  paid: 40 percent for $4 above the hourly federal minimum wage
  205  rate; 41 percent for $5 above the hourly federal minimum wage
  206  rate; 42 percent for $6 above the hourly federal minimum wage
  207  rate; 43 percent for $7 above the hourly federal minimum wage
  208  rate; and 44 percent for $8 above the hourly federal minimum
  209  wage rate.
  210         Section 5. Paragraph (c) of subsection (5) of section
  211  288.1175, Florida Statutes, is amended to read:
  212         288.1175 Agriculture education and promotion facility.—
  213         (5) The department shall competitively evaluate
  214  applications for funding of an agriculture education and
  215  promotion facility. If the number of applicants exceeds three,
  216  the department shall rank the applications based upon criteria
  217  developed by the department, with priority given in descending
  218  order to the following items:
  219         (c) The location of the facility in a brownfield site as
  220  defined in s. 376.79(3), a rural enterprise zone as defined in
  221  s. 290.004(10) s. 290.004(6), an agriculturally depressed area
  222  as defined in s. 570.242(1), a redevelopment area established
  223  pursuant to s. 373.461(5)(g), or a county that has lost its
  224  agricultural land to environmental restoration projects.
  225         Section 6. Section 290.004, Florida Statutes, is amended to
  226  read:
  227         290.004 Definitions relating to Florida Enterprise Zone
  228  Act.—As used in ss. 290.001-290.016, the term:
  229         (1) “Bond” means any bonds, notes, or other instruments
  230  issued by the governing body pursuant to s. 290.015 and secured
  231  by tax increment revenues or other security authorized in this
  232  chapter.
  233         (2)(1) “Community investment corporation” means a black
  234  business investment corporation, a certified development
  235  corporation, a small business investment corporation, or other
  236  similar entity incorporated under Florida law that has limited
  237  its investment policy to making investments solely in minority
  238  business enterprises.
  239         (3)(2) “Director” means the director of the Office of
  240  Tourism, Trade, and Economic Development.
  241         (4)(3) “Governing body” means the council or other
  242  legislative body charged with governing the county or
  243  municipality.
  244         (5)(4) “Minority business enterprise” has the same meaning
  245  as in s. 288.703.
  246         (6)(5) “Office” means the Office of Tourism, Trade, and
  247  Economic Development.
  248         (7) “Retail development costs” mean any costs associated
  249  with, or arising out of, or incurred in connection with:
  250         (a) A retail development project;
  251         (b) The issuance of, or debt service or any other payments
  252  in respect of, the bonds, including costs of issuance,
  253  capitalized interest, credit enhancement fees, reserve funds, or
  254  working capital; or
  255         (c) The relocation of any business in which the purpose of
  256  relocation is to make space for a retail development project.
  257         (8) “Retail development project” means the establishment of
  258  a business within an enterprise zone engaged in direct onsite
  259  retail sales to consumers or providing unique entertainment
  260  attractions, including the following: acquisition, purchasing,
  261  construction, reconstruction, improvement, renovation,
  262  rehabilitation, restoration, remodeling, repair, remediation,
  263  expansion, extension, and the furnishing, equipping, and opening
  264  of the business. A retail development project shall create at
  265  least 500 jobs and generate more than $1 million in taxes and
  266  fees collected pursuant to s. 212.20(6)(d). A retail development
  267  project includes restaurants, grocery and specialty food stores,
  268  art galleries, and businesses engaged in sales of home
  269  furnishings, apparel, and general merchandise goods to
  270  specialized customers, or providing a unique entertainment
  271  attraction. A retail development project specifically excludes:
  272         (a) Liquor stores;
  273         (b) Adult entertainment nightclubs;
  274         (c) Adult book clubs; and
  275         (d) The relocation of a business to the retail development
  276  project from another location within the enterprise zone, unless
  277  the relocation involves a significant expansion of the size of
  278  the business.
  279         (9) “Retail development project developer” means any person
  280  sponsoring a retail development project.
  281         (10)(6) “Rural enterprise zone” means an enterprise zone
  282  that is nominated by a county having a population of 75,000 or
  283  fewer, or a county having a population of 100,000 or fewer which
  284  is contiguous to a county having a population of 75,000 or
  285  fewer, or by a municipality in such a county, or by such a
  286  county and one or more municipalities. An enterprise zone
  287  designated in accordance with s. 290.0065(5)(b) or s. 379.2353
  288  is considered to be a rural enterprise zone.
  289         (11) “Sales tax TIF area” means a retail development
  290  project that has been authorized by a governing body to receive
  291  TIF proceeds or bond proceeds pursuant to an executed
  292  development agreement between the governing body and a retail
  293  development project developer to underwrite retail development
  294  costs.
  295         (12)(7) “Small business” has the same meaning as in s.
  296  288.703.
  297         (13) “Tax increment revenues” means the portion of
  298  available sales tax revenue calculated pursuant to s.
  299  290.0138(1).
  300         (14) “TIF” means tax increment financing.
  301         Section 7. Paragraph (a) of subsection (9) of section
  302  290.0056, Florida Statutes, is amended, and present subsections
  303  (11) and (12) of that section are redesignated as subsections
  304  (12) and (13), respectively, and a new subsection (11) is added
  305  to that section, to read:
  306         290.0056 Enterprise zone development agency.—
  307         (9) The following powers and responsibilities shall be
  308  performed by the governing body creating the enterprise zone
  309  development agency acting as the managing agent of the
  310  enterprise zone development agency, or, contingent upon approval
  311  by such governing body, such powers and responsibilities shall
  312  be performed by the enterprise zone development agency:
  313         (a) To review, process, and certify applications for state
  314  enterprise zone tax incentives pursuant to ss. 212.08(5)(g),
  315  (h), and (15); 212.096; 220.181; and 220.182; and 290.0137.
  316         (11) Contingent upon the governing board’s designation of a
  317  sales tax TIF area, the board shall also exercise the following
  318  additional powers for the purpose of providing local financing
  319  for public and private improvements that will foster job growth
  320  and enhance the base of retailers within an enterprise zone
  321  unless otherwise prohibited by ordinance:
  322         (a) Enter into cooperative contracts and agreements with a
  323  county, municipality, governmental agency, or private entity for
  324  services and assistance;
  325         (b) Acquire, own, convey, construct, maintain, improve, and
  326  manage property and facilities and grant and acquire licenses,
  327  easements, and options with respect to such property;
  328         (c) Expend incremental sales tax revenues to promote and
  329  advertise the commercial advantages of the district in order to
  330  attract new businesses and encourage the expansion of existing
  331  businesses; and
  332         (d) Expend incremental sales tax revenues to promote and
  333  advertise the district to the public and engage in cooperative
  334  advertising programs with businesses located in the district.
  335         Section 8. Subsection (1) of section 290.0057, Florida
  336  Statutes, is amended to read:
  337         290.0057 Enterprise zone development plan.—
  338         (1) Any application for designation as a new enterprise
  339  zone must be accompanied by a strategic plan adopted by the
  340  governing board body of the municipality or county, or the
  341  governing board bodies of the county and one or more of the
  342  municipalities together. At a minimum, the plan must:
  343         (a) Briefly describe the community’s goals for revitalizing
  344  the area.
  345         (b) Describe the ways in which the community’s approaches
  346  to economic development, social and human services,
  347  transportation, housing, community development, public safety,
  348  and educational and environmental concerns will be addressed in
  349  a coordinated fashion, and explain how these linkages support
  350  the community’s goals.
  351         (c) Identify and describe key community goals and the
  352  barriers that restrict the community from achieving these goals,
  353  including a description of poverty and general distress,
  354  barriers to economic opportunity and development, and barriers
  355  to human development.
  356         (d) Describe the process by which the affected community is
  357  a full partner in the process of developing and implementing the
  358  plan and the extent to which local institutions and
  359  organizations have contributed to the planning process.
  360         (e) Commit the governing body or bodies to enact and
  361  maintain local fiscal and regulatory incentives, if approval for
  362  the area is received under s. 290.0065. These incentives may
  363  include the municipal public service tax exemption provided by
  364  s. 166.231, the economic development ad valorem tax exemption
  365  provided by s. 196.1995, the business tax exemption provided by
  366  s. 205.054, local impact fee abatement or reduction, or low
  367  interest or interest-free loans or grants to businesses to
  368  encourage the revitalization of the nominated area.
  369         (f) Identify the amount of local and private resources that
  370  will be available in the nominated area and the private/public
  371  partnerships to be used, which may include participation by, and
  372  cooperation with, universities, community colleges, small
  373  business development centers, black business investment
  374  corporations, certified development corporations, and other
  375  private and public entities.
  376         (g) Indicate how state enterprise zone tax incentives and
  377  state, local, and federal resources will be utilized within the
  378  nominated area.
  379         (h) Identify the funding requested under any state or
  380  federal program in support of the proposed economic, human,
  381  community, and physical development and related activities.
  382         (i) Identify baselines, methods, and benchmarks for
  383  measuring the success of carrying out the strategic plan.
  384         Section 9. Subsection (9) is added to section 290.007,
  385  Florida Statutes, to read:
  386         290.007 State incentives available in enterprise zones.—The
  387  following incentives are provided by the state to encourage the
  388  revitalization of enterprise zones:
  389         (9)Within enterprise zones, the designation of a sales tax
  390  TIF area.
  391         Section 10. Section 290.01351, Florida Statutes, is created
  392  to read:
  393         290.01351 Municipal Revitalization Act.—Sections 290.0136
  394  290.01391 may be cited as the "Municipal Revitalization Act."
  395         Section 11. Section 290.0136, Florida Statutes, is created
  396  to read:
  397         290.0136 Sales tax TIF area; intent and purpose.—
  398         (1) The Legislature intends to foster the revitalization of
  399  counties and municipalities and support job-creating retail
  400  development projects within enterprise zones by authorizing the
  401  governing bodies of counties and municipalities to designate
  402  sales tax TIF areas within enterprise zones, subject to the
  403  review and approval by the office.
  404         (2) The Legislature finds that by authorizing local
  405  governing bodies of an enterprise zone to designate a sales tax
  406  TIF area, the counties or municipalities may share with the
  407  state any annual increase in sales tax collections occasioned by
  408  a retail development project and advance the revitalization of
  409  such counties and municipalities. Through the sharing of any
  410  annual increases in sales tax collections within a sales tax TIF
  411  area resulting from the advancement of a retail development
  412  project, the Legislature intends to provide local financing for
  413  public and private improvements that will foster job growth for
  414  the residents of economically distressed areas and enhance the
  415  base of local retailers serving residents of the enterprise
  416  zones and the surrounding communities.
  417         Section 12. Section 290.0137, Florida Statutes, is created
  418  to read:
  419         290.0137 Designation of sales tax TIF area; review and
  420  approval by the office.—
  421         (1) Any municipality having a population of at least
  422  250,000 residents which has designated an enterprise zone, or
  423  all the governing bodies in the case of a county and one or more
  424  municipalities having been designated an enterprise zone if the
  425  county has a population of at least 750,000 residents, may adopt
  426  a resolution following a public hearing designating a sales tax
  427  TIF area to support the development of a retail development
  428  project.
  429         (2)The resolution creating a sales tax increment
  430  redevelopment district, at a minimum, shall:
  431         (a)Include findings that the designation of the sales tax
  432  TIF area:
  433         1.Is essential to the advancement of a retail development
  434  project;
  435         2.Will provide needed retail amenities within the
  436  enterprise;
  437         3.Will result in the creation of a total of 500 new jobs
  438  and not less than $1 million in sales tax increment revenue
  439  annually; and
  440         4.Will enhance the health and general welfare of the
  441  residents of enterprise zone within the sponsoring municipality
  442  or county;
  443         (b)Fix the geographic boundaries of the sales tax TIF area
  444  necessary to support the advancement of a retail development
  445  project;
  446         (c)Establish the term of the life of the sales tax TIF
  447  area, which term shall not exceed 15 years from the earlier date
  448  the sales tax TIF area is approved following review by the
  449  office;
  450         (d) Establish the base year for determination of sales tax
  451  receipts collected pursuant to s. 212.20(6), less the amount
  452  required under s. 290.0138(1); and
  453         (e)Authorize staff of the governing body to negotiate a
  454  development agreement with the retail development project
  455  developer.
  456         (3)A copy of the resolution adopted by the governing body
  457  designating the sales tax TIF area shall be transmitted to the
  458  office for its review. The office, in consultation with
  459  Enterprise Florida, Inc., shall determine whether the
  460  designation of the sales tax TIF area complies with the
  461  requirements of this chapter.
  462         (4)Upon determining that the designation by the governing
  463  body complies with the requirements of this chapter, a copy of
  464  the resolution establishing the sales tax TIF area redevelopment
  465  district shall be transmitted to the Department of Revenue.
  466         Section 13. Section 290.0138, Florida Statutes, is created
  467  to read:
  468         290.0138Calculation of tax increment revenue contribution
  469  to governing body.—
  470         (1)The governing body of a designated sales tax TIF area
  471  shall be eligible for a percentage distribution of from the
  472  Revenue Sharing Trust Fund for Municipalities of the increased
  473  collections of the state tax on sales, use, and other
  474  transactions realized during any month by the municipality over
  475  the same monthly period of the base year, as follows:
  476         (a) Eighty-five percent of the increased monthly
  477  collections of $85,000 or less.
  478         (b) Seventy-five percent of the increased monthly
  479  collections greater than $85,000 but $425,000 or less.
  480         (c) Fifty percent of the increased monthly collections
  481  greater than $425,000 but $675,000 or less.
  482         (d) Twenty-five percent of the increased monthly
  483  collections greater than $675,000 but $1 million or less.
  484         (e) Zero percent of the increased monthly collections of
  485  more than $1 million.
  486         (2) The specific amount payable to each eligible governing
  487  body shall be determined monthly by the Department of Revenue
  488  for distribution to the appropriate eligible governing body in
  489  accordance with subsection (1). The Department of Revenue shall
  490  determine monthly the aggregate amount of sales tax revenue that
  491  is required for distribution to eligible governing body under
  492  this section and transfer that amount from the General Revenue
  493  Fund to the Revenue Sharing Trust Fund for Municipalities in
  494  accordance with s. 212.20(6)(d)5. All amounts transferred to the
  495  Revenue Sharing Trust Fund for Municipalities shall be
  496  distributed as provided in s. 218.23(3)(e). At no time shall the
  497  total distribution provided to the eligible governing body
  498  exceed the total tax increment revenue contribution set forth in
  499  the retail project development agreement required pursuant to s.
  500  290.0139.
  501         (3)Each governing body receiving percentage distribution
  502  pursuant to the subsection (1) shall establish a separate tax
  503  increment revenue account within its general fund for the
  504  deposit of the sales tax increment for each sales tax TIF area.
  505         Section 14. Section 290.0139, Florida Statutes, is created
  506  to read:
  507         290.0139Retail development project agreement.—
  508         (1) A retail development project developer desiring to use
  509  tax increment revenues to underwrite retail development costs
  510  shall enter into a retail development project agreement with the
  511  governing body of the county or municipality designating a sales
  512  tax TIF area. The agreement shall set forth:
  513         (a)The goals and objectives of the retail development
  514  project;
  515         (b)Requirements for leasing of retail space within the
  516  retail development project which will advance the goals and
  517  objectives;
  518         (c) The terms and conditions pursuant to which tax
  519  increment revenue or bond proceeds will be advanced to pay
  520  retail developments costs incurred in the sales tax TIF area;
  521         (d) The total amount of the tax increment revenue to be
  522  contributed to pay retail development costs within the sales tax
  523  TIF area;
  524         (e) Goals for the hiring of minority business enterprises
  525  to perform construction or operations work, which goal shall
  526  equal an amount not less than 25 percent of the total amount of
  527  tax increment revenue contributed towards the payment of retail
  528  development costs within the sales tax TIF area;
  529         (f) Goals for the hiring of enterprise zone residents for
  530  the new jobs created by the retail development project, which
  531  goal shall equal at least 35 percent of the new jobs created;
  532         (g) Such matters as may be required in connection with the
  533  issuance of bonds to support the retail development project; and
  534         (h) Such other matters as the governing body designating
  535  the sales tax TIF area may determine to be necessary and
  536  appropriate.
  537         (2) Tax increment revenues or bond proceeds may not be
  538  advanced to pay retail development costs until such time as the
  539  retail development project is open to the general public.
  540         (3) A retail project development agreement shall be
  541  approved by resolution of the governing body following a public
  542  hearing.
  543         Section 15. Section 290.01391, Florida Statutes, is amended
  544  to read:
  545         290.01391 Issuance of tax increment revenue bonds; use of
  546  bond proceeds; funding agreement.—
  547         (1) If authorized or approved by resolution of the
  548  governing body that designated the sales tax TIF area created
  549  the sales tax increment redevelopment district, following a
  550  public hearing, tax increment revenues may be used to support
  551  the issuance of revenue bonds to finance retail redevelopment
  552  costs of a retail development project, including the payment of
  553  principal and interest upon any advances for surveys and plans
  554  or preliminary loans.
  555         (2) Bonds issued under this section do not constitute
  556  indebtedness within the meaning of any constitutional or
  557  statutory debt limitation or restriction and are not subject to
  558  the provisions of any other law or charter relating to the
  559  authorization, issuance, or sale of bonds. Bonds issued under
  560  this section are declared to be issued for an essential public
  561  and governmental purpose, and the interest and income from the
  562  bonds are exempt from all taxes, except taxes imposed by chapter
  563  220 on corporations.
  564         (3) Bonds issued under this section may be issued in one or
  565  more series and may bear such date or dates, be payable upon
  566  demand or mature at such time or times, bear interest at such
  567  rate or rates, be in such denomination or denominations, be in
  568  such form either with or without coupon or registered, carry
  569  such conversion or registration privileges, have such rank or
  570  priority, be executed in such manner, be payable in such medium
  571  of payment at such place or places, be subject to such terms of
  572  redemption with or without a premium, be secured in such manner,
  573  and have such other characteristics as may be provided by the
  574  resolution or ordinance authorizing their issuance. Bonds issued
  575  under this section may be sold in such manner, either at public
  576  or private sale, and for such price as the designated
  577  redevelopment agency may determine will effectuate the purposes
  578  of this section.
  579         (4) In any suit, action, or proceeding involving the
  580  validity or enforceability of any bond issued under this
  581  section, any bond that recites in substance that it has been
  582  issued by the governing body in connection with the sales tax
  583  increment district for a purpose authorized under this section
  584  is conclusively presumed to have been issued for that purpose,
  585  and any project financed by the bond is conclusively presumed to
  586  have been planned and carried out in accordance with the
  587  intended purposes of this section.
  588         Section 16. This act shall take effect July 1, 2011.
  589  
  590  ================= T I T L E  A M E N D M E N T ================
  591         And the title is amended as follows:
  592         Delete everything before the enacting clause
  593  and insert:
  594                        A bill to be entitled                      
  595         An act relating to revitalizing municipalities;
  596         amending s. 212.096, F.S.; conforming a cross
  597         reference; amending s. 212.20, F.S.; providing for the
  598         transfer of certain sales tax revenues from the
  599         General Revenue Fund to the Revenue Sharing Trust Fund
  600         for Municipalities; amending s. 218.23, F.S.;
  601         providing for a distribution from the Revenue Sharing
  602         Trust Fund for Municipalities relating to an increase
  603         in sales tax collections over the preceding year to
  604         the governing body of an area that receives tax
  605         increment revenues pursuant to a designation as a
  606         sales tax TIF area; amending ss. 220.181 and 288.1175,
  607         F.S.; conforming cross-references; amending s.
  608         290.004, F.S.; providing definitions; amending s.
  609         290.0056, F.S.; revising provisions relating to the
  610         enterprise zone development agency; providing powers
  611         of the governing board upon the designation of a sales
  612         tax TIF area; amending s. 290.0057, F.S.; revising
  613         provisions relating to an enterprise zone development
  614         plan to conform to changes made by the act; amending
  615         s. 290.007, F.S.; providing an economic incentive
  616         within enterprise zones designated as sales tax TIF
  617         areas; creating ss. 290.01351, 290.0136, 290.0137,
  618         290.0138, and 290.0139, F.S.; creating the Municipal
  619         Revitalization Act; providing legislative intent and
  620         purposes; authorizing specified governing bodies to
  621         create a sales tax TIF areas within a county or
  622         municipality having a specified population; providing
  623         that the governing body for an enterprise zone where a
  624         sales tax TIF area is located is eligible for
  625         specified percentage distributions of increased state
  626         sales tax collections under certain circumstances;
  627         requiring the Department of Revenue to determine the
  628         amount of increased sales tax collections to be
  629         distributed to each eligible designated redevelopment
  630         agency and to transfer the aggregate amount due to all
  631         such agencies to the Revenue Sharing Trust Fund for
  632         Municipalities for distribution; granting specified
  633         powers to a governing body for a sales tax TIF area
  634         for the purpose of providing financing and fostering
  635         certain public and private improvements, including
  636         issuing revenue bonds; requiring that an agreement
  637         between a designated redevelopment agency and private
  638         sponsor of a project include a requirement that a
  639         specified number of jobs be created under certain
  640         circumstances; amending s. 290.01391, F.S.; providing
  641         for the issuance of tax increment revenue bonds and
  642         the use of such bonds; providing an effective date.