Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for SB 1054 Ì171956HÎ171956 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/30/2019 09:29 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Powell moved the following: 1 Senate Amendment 2 3 Delete lines 200 - 294 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: 23 163.3756 Inactive 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. 96 97 However, the governing body of the community redevelopment 98 agency
any county as defined in s.