Senate Bill sb2364

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    Florida Senate - 2006                                  SB 2364

    By Senator Baker





    20-1200A-06

  1                      A bill to be entitled

  2         An act relating to community redevelopment;

  3         amending s. 163.340, F.S.; deleting a

  4         definition and defining the term "taxing

  5         authority" for purposes of part III of ch. 163,

  6         F.S., relating to community redevelopment;

  7         amending s. 163.346, F.S.; requiring a

  8         governing body to provide public notice before

  9         it establishes a study area; creating s.

10         163.354, F.S.; authorizing a governing body to

11         adopt a resolution that establishes a slum and

12         blight study area; amending s. 163.360, F.S.;

13         requiring additional procedures before a

14         governing body adopts a community redevelopment

15         plan; providing for dispute resolution;

16         amending s. 163.361, F.S.; requiring additional

17         procedures before a governing body adopts a

18         modification to a community redevelopment plan;

19         providing for dispute resolution; amending s.

20         163.387, F.S.; providing limitations on the

21         amount of tax increment revenue contributed by

22         a taxing authority in the funding of a

23         redevelopment trust fund; authorizing any other

24         taxing authority and the governing body to

25         enact an agreement for an alternative method of

26         determining the amount and times of payment of

27         tax increment revenue contributed to a

28         redevelopment trust fund; amending s. 163.410,

29         F.S.; requiring a governing body of a county to

30         approve or deny a request for delegation of

31         powers by a municipality; requiring a request

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 1         for additional documentation to be in writing;

 2         providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (2) of section 163.340, Florida

 7  Statutes, is amended, and subsection (24) is added to that

 8  section, to read:

 9         163.340  Definitions.--The following terms, wherever

10  used or referred to in this part, have the following meanings:

11         (2)  "Public body" or "taxing authority" means the

12  state or any county, municipality, authority, special district

13  as defined in s. 165.031(5), or other public body of the

14  state, except a school district.

15         (24)  "Taxing authority" means a local government that

16  levies ad valorem millage against a property within a

17  community redevelopment area, except a school district.

18         Section 2.  Section 163.346, Florida Statutes, is

19  amended to read:

20         163.346  Notice to taxing authorities.--Before the

21  governing body adopts any resolution or enacts any ordinance

22  required under s. 163.354, s. 163.355, s. 163.356, s. 163.357,

23  or s. 163.387; establishes a study area; creates a community

24  redevelopment agency; approves, adopts, or amends a community

25  redevelopment plan; or issues redevelopment revenue bonds

26  under s. 163.385, the governing body must provide public

27  notice of such proposed action pursuant to s. 125.66(2) or s.

28  166.041(3)(a) and, at least 15 days before such proposed

29  action, mail by registered mail a notice to each taxing

30  authority which levies ad valorem taxes on taxable real

31  

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 1  property contained within the geographic boundaries of the

 2  redevelopment area.

 3         Section 3.  Section 163.354, Florida Statutes, is

 4  created to read:

 5         163.354  Development of study area.--Before adopting a

 6  finding of necessity under s. 163.355, the governing body may

 7  adopt a resolution establishing a slum and blight study area.

 8         Section 4.  Subsection (6) of section 163.360, Florida

 9  Statutes, is amended to read:

10         163.360  Community redevelopment plans.--

11         (6)  The governing body shall hold a public hearing on

12  a community redevelopment plan after public notice thereof by

13  publication in a newspaper having a general circulation in the

14  area of operation of the county or municipality.  The notice

15  shall describe the time, date, place, and purpose of the

16  hearing, identify generally the community redevelopment area

17  covered by the plan, and outline the general scope of the

18  community redevelopment plan under consideration.

19         (a)  For any community redevelopment agency created

20  after January 1, 2006, which was not created pursuant to the

21  delegation of authority under s. 163.410 by a county that has

22  adopted a home rule charter, the following additional

23  procedures are required before the governing body adopts a

24  community redevelopment plan under subsection (7):

25         1.  Within 30 days after receiving any community

26  redevelopment plan recommended by the community redevelopment

27  agency under subsection (5), the county may provide written

28  notice to the governing body of the municipality that the

29  county has competing policy goals and plans for the public

30  funds that the county would be required to contribute to the

31  tax increment under the proposed community redevelopment plan.

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 1         2.  If the notice described in subparagraph 1. is

 2  timely given, the board of county commissioners and the

 3  governing body of the municipality that created the community

 4  redevelopment agency shall schedule and hold a joint hearing

 5  chaired by the county chair, at which time the competing

 6  policy goals for the public funds shall be discussed. Any such

 7  hearing must be held within 90 days after receipt of the

 8  recommended community redevelopment plan by the county. Before

 9  the joint public hearing, the county may propose an

10  alternative redevelopment plan to address the conditions

11  identified in the finding of necessity required by s. 163.355.

12         3.  If the notice described in subparagraph 1. is

13  timely given, the municipality may not proceed with the

14  adoption of the plan under subsection (7) until 45 days after

15  the joint hearing, unless the board of county commissioners

16  failed to schedule and attend the joint hearing within the

17  required 90-day period.

18         (b)  Notwithstanding the timeframes established in

19  subparagraphs (a)2. and 3., the county and the municipality

20  may at any time voluntarily use the dispute-resolution process

21  established in chapter 164 to attempt to resolve any competing

22  policy goals between them which are related to the community

23  redevelopment agency. The county or the municipality may not

24  require the other to participate in the dispute-resolution

25  process.

26         Section 5.  Subsection (3) of section 163.361, Florida

27  Statutes, is amended to read:

28         163.361  Modification of community redevelopment

29  plans.--

30         (3)  In addition to the requirements of s. 163.346, and

31  before prior to the adoption of any modification to a

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 1  community redevelopment plan that expands the boundaries of

 2  the community redevelopment area or extends the time certain

 3  set forth in the redevelopment plan as required by s.

 4  163.362(10), the agency shall report such proposed

 5  modification to each taxing authority in writing or by an oral

 6  presentation, or both, regarding such proposed modification.

 7         (a)  For any community redevelopment agency that was

 8  not created pursuant to the delegation of authority under s.

 9  163.410 by a county that has adopted a home rule charter, and

10  that modifies its adopted community redevelopment plan in a

11  manner that expands the boundaries of the redevelopment area,

12  the following additional procedures are required before a

13  governing body adopts a modified community redevelopment plan:

14         1.  Within 30 days after receiving a report of a

15  proposed modification that expands the boundaries of a

16  redevelopment area, the county may provide notice to the

17  governing body of the municipality that the county has

18  competing policy goals and plans for the public funds that the

19  county would be required to contribute to the tax increment

20  under the proposed community redevelopment plan.

21         2.  If the notice described in subparagraph 1. is

22  timely given, the board of county commissioners and the

23  governing body of the municipality that created the community

24  redevelopment agency shall schedule and hold a joint hearing

25  chaired by the county chair, at which time the competing

26  policy goals for the public funds shall be discussed. Any such

27  hearing must be held within 90 days after receipt of the

28  recommended community redevelopment plan by the county. Before

29  the joint public hearing, the county may propose an

30  alternative redevelopment plan to address the conditions

31  identified in the finding of necessity required by s. 163.355.

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 1         3.  If the notice described in subparagraph 1. is

 2  timely given, the municipality may not proceed with the

 3  adoption of the plan until 45 days after the joint hearing,

 4  unless the board of county commissioners failed to schedule

 5  and attend the joint hearing within the required 90-day

 6  period.

 7         (b)  Notwithstanding the timeframes established in

 8  subparagraphs (a)2. and 3., the county and the municipality

 9  may at any time voluntarily use the dispute-resolution process

10  established in chapter 164 to attempt to resolve any competing

11  policy goals between them which are related to the community

12  redevelopment agency. The county or the municipality may not

13  require the other to participate in the dispute-resolution

14  process.

15         Section 6.  Section 163.387, Florida Statutes, is

16  amended to read:

17         163.387  Redevelopment trust fund.--

18         (1)(a)  After approval of a community redevelopment

19  plan, there shall be established for each community

20  redevelopment agency created under s. 163.356 a redevelopment

21  trust fund. Funds allocated to and deposited into this fund

22  shall be used by the agency to finance or refinance any

23  community redevelopment it undertakes pursuant to the approved

24  community redevelopment plan. A No community redevelopment

25  agency may not receive or spend any increment revenues

26  pursuant to this section unless and until the governing body

27  has, by ordinance, provided for the funding of the

28  redevelopment trust fund for the duration of a community

29  redevelopment plan. Such ordinance may be adopted only after

30  the governing body has approved a community redevelopment

31  plan. The annual funding of the redevelopment trust fund shall

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 1  be in an amount not less than that increment in the income,

 2  proceeds, revenues, and funds of each taxing authority derived

 3  from or held in connection with the undertaking and carrying

 4  out of community redevelopment under this part. Such increment

 5  shall be determined annually and shall be that amount equal to

 6  95 percent of the difference between:

 7         1.(a)  The amount of ad valorem taxes levied each year

 8  by each taxing authority, exclusive of any amount from any

 9  debt service millage, on taxable real property contained

10  within the geographic boundaries of a community redevelopment

11  area as indicated by the preliminary assessment roll; and

12         2.(b)  The amount of ad valorem taxes which would have

13  been produced by the rate upon which the tax is levied each

14  year by or for each taxing authority, exclusive of any debt

15  service millage, upon the total of the assessed value of the

16  taxable real property in the community redevelopment area as

17  shown upon the most recent assessment roll used in connection

18  with the taxation of such property by each taxing authority

19  prior to the effective date of the ordinance providing for the

20  funding of the trust fund.

21  

22  However, the governing body of any county as defined in s.

23  125.011(1) may, in the ordinance providing for the funding of

24  a trust fund established with respect to any community

25  redevelopment area created on or after July 1, 1994, determine

26  that the amount to be funded by each taxing authority annually

27  shall be less than 95 percent of the difference between

28  subparagraphs 1. and 2. paragraphs (a) and (b), but in no

29  event shall such amount may not be less than 50 percent of

30  such difference.

31         (b)  Moreover, for any community redevelopment agency:

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 1         1.  Created after July 1, 2006, which was not created

 2  pursuant to the delegation of authority to a county having a

 3  home rule charter as specified in s. 163.410; or

 4         2.  That extends the time certain set forth in the

 5  redevelopment plan, as required by s. 163.362(10), beyond 40

 6  years after the latter of the fiscal year in which the initial

 7  redevelopment plan is adopted or the most recent amendment to

 8  the redevelopment plan is adopted, the amount of increment to

 9  be contributed by any taxing authority shall be limited in the

10  following manner:

11         a.  In those instances where a taxing authority has a

12  millage rate that exceeds the millage rate of the governing

13  body that created the trust fund, the increment to be

14  contributed by the taxing authority having the higher millage

15  rate shall be calculated using the millage rate of the

16  governing body that created the trust fund if any taxing

17  authority voluntarily contributes at a higher rate for a

18  period of time as specified by interlocal agreement between

19  the taxing authority and the community redevelopment agency.

20         b.  At any time more than 19 years after the fiscal

21  year in which a taxing authority made its first contribution

22  to the trust fund, that taxing authority may by resolution,

23  effective no sooner than the next fiscal year and adopted by

24  majority vote of its governing body in a public hearing held

25  not less than 30 but no more than 45 days after written notice

26  delivered to the community redevelopment agency and published

27  in a newspaper of general circulation in the redevelopment

28  area, limit the amount of increment contributed by it to the

29  trust fund to the average, annual amount it was obligated to

30  contribute to the trust fund in the 3 fiscal years immediately

31  preceding the adoption of such resolution, plus any increase

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 1  in the increment after the adoption of such resolution

 2  computed using the taxable values of any area that is subject

 3  to an area reinvestment agreement. As used in this

 4  sub-subparagraph, the term "area reinvestment agreement" means

 5  an agreement between the community redevelopment agency and a

 6  private party, with or without additional parties, if all the

 7  increment computed for a specific area is to be reinvested in

 8  public infrastructure or services, or both, including debt

 9  service, supporting a specific project identified in the

10  agreement to be constructed within that area. Any such

11  reinvestment agreement must specify the estimated total amount

12  of public investment necessary to provide the public

13  infrastructure or services, or both, including debt service.

14  The increase in the increment of any area that is subject to

15  an area reinvestment agreement following the passage of a

16  resolution shall cease when the amount specified in the area

17  reinvestment agreement as necessary to provide the public

18  infrastructure or services, or both, including any applicable

19  debt service, have been invested.

20  

21  For any community redevelopment agency that was not created

22  pursuant to the delegation of authority to a county having a

23  home rule charter as specified in s. 163.410, and that

24  modifies its adopted community redevelopment plan after July

25  1, 2006, in a manner that expands the boundaries of the

26  redevelopment area, the amount of increment to be contributed

27  by any taxing authority with respect to the expanded area

28  shall be limited as set forth in subparagraphs 1. and 2.

29         (2)(a)  Except for the purpose of funding the trust

30  fund pursuant to subsection (3), upon the adoption of an

31  ordinance providing for funding of the redevelopment trust

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 1  fund as provided in this section, each taxing authority shall,

 2  by January 1 of each year, appropriate to the trust fund for

 3  so long as any indebtedness pledging increment revenues to the

 4  payment thereof is outstanding (but not to exceed 30 years) a

 5  sum that is no less than the increment, as defined and

 6  determined in subsection (1) or subsection (4), accruing to

 7  such taxing authority.  If the community redevelopment plan is

 8  amended or modified pursuant to s. 163.361(1), each such

 9  taxing authority shall make the annual appropriation for a

10  period not to exceed 30 years after the date the governing

11  body amends the plan. However, for any agency created on or

12  after July 1, 2002, each taxing authority shall make the

13  annual appropriation for a period not to exceed 40 years after

14  the fiscal year in which the initial community redevelopment

15  plan is approved or adopted.

16         (b)  Any taxing authority that does not pay the

17  increment to the trust fund by January 1 shall pay to the

18  trust fund an amount equal to 5 percent of the amount of the

19  increment and shall pay interest on the amount of the

20  increment equal to 1 percent for each month the increment is

21  outstanding.

22         (c)  The following public bodies or taxing authorities

23  are exempt from paragraph (a):

24         1.  A special district that levies ad valorem taxes on

25  taxable real property in more than one county.

26         2.  A special district for which the sole available

27  source of revenue the district has the authority to levy is ad

28  valorem taxes at the time an ordinance is adopted under this

29  section. However, revenues or aid that may be dispensed or

30  appropriated to a district as defined in s. 388.011 at the

31  

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 1  discretion of an entity other than such district shall not be

 2  deemed available.

 3         3.  A library district, except a library district in a

 4  jurisdiction where the community redevelopment agency had

 5  validated bonds as of April 30, 1984.

 6         4.  A neighborhood improvement district created under

 7  the Safe Neighborhoods Act.

 8         5.  A metropolitan transportation authority.

 9         6.  A water management district created under s.

10  373.069.

11         (d)1.  A local governing body that creates a community

12  redevelopment agency under s. 163.356 may exempt from

13  paragraph (a) a special district that levies ad valorem taxes

14  within that community redevelopment area.  The local governing

15  body may grant the exemption either in its sole discretion or

16  in response to the request of the special district. The local

17  governing body must establish procedures by which a special

18  district may submit a written request to be exempted from

19  paragraph (a).

20         2.  In deciding whether to deny or grant a special

21  district's request for exemption from paragraph (a), the local

22  governing body must consider:

23         a.  Any additional revenue sources of the community

24  redevelopment agency which could be used in lieu of the

25  special district's tax increment.

26         b.  The fiscal and operational impact on the community

27  redevelopment agency.

28         c.  The fiscal and operational impact on the special

29  district.

30         d.  The benefit to the specific purpose for which the

31  special district was created.  The benefit to the special

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 1  district must be based on specific projects contained in the

 2  approved community redevelopment plan for the designated

 3  community redevelopment area.

 4         e.  The impact of the exemption on incurred debt and

 5  whether such exemption will impair any outstanding bonds that

 6  have pledged tax increment revenues to the repayment of the

 7  bonds.

 8         f.  The benefit of the activities of the special

 9  district to the approved community redevelopment plan.

10         g.  The benefit of the activities of the special

11  district to the area of operation of the local governing body

12  that created the community redevelopment agency.

13         3.  The local governing body must hold a public hearing

14  on a special district's request for exemption after public

15  notice of the hearing is published in a newspaper having a

16  general circulation in the county or municipality that created

17  the community redevelopment area.  The notice must describe

18  the time, date, place, and purpose of the hearing and must

19  identify generally the community redevelopment area covered by

20  the plan and the impact of the plan on the special district

21  that requested the exemption.

22         4.  If a local governing body grants an exemption to a

23  special district under this paragraph, the local governing

24  body and the special district must enter into an interlocal

25  agreement that establishes the conditions of the exemption,

26  including, but not limited to, the period of time for which

27  the exemption is granted.

28         5.  If a local governing body denies a request for

29  exemption by a special district, the local governing body

30  shall provide the special district with a written analysis

31  specifying the rationale for such denial.  This written

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 1  analysis must include, but is not limited to, the following

 2  information:

 3         a.  A separate, detailed examination of each

 4  consideration listed in subparagraph 2.

 5         b.  Specific examples of how the approved community

 6  redevelopment plan will benefit, and has already benefited,

 7  the purpose for which the special district was created.

 8         6.  The decision to either deny or grant an exemption

 9  must be made by the local governing body within 120 days after

10  the date the written request was submitted to the local

11  governing body pursuant to the procedures established by such

12  local governing body.

13         (3)  Notwithstanding the provisions of subsection (2),

14  the obligation of the governing body which established the

15  community redevelopment agency to fund the redevelopment trust

16  fund annually shall continue until all loans, advances, and

17  indebtedness, if any, and interest thereon, of a community

18  redevelopment agency incurred as a result of redevelopment in

19  a community redevelopment area have been paid.

20         (4)  Notwithstanding subsections (1) and (2), an

21  alternative method of determining the amount and the times of

22  payment of, and rate of interest upon, increment revenues

23  contributed to the trust fund, including formulas and limits

24  different than those specified in subsection (1), may be

25  enacted by interlocal agreement between any of the other

26  taxing authorities required to contribute increment revenues

27  to the trust fund and the governing body that created the

28  community redevelopment agency.

29         (5)(4)  The revenue bonds and notes of every issue

30  under this part are payable solely out of revenues pledged to

31  and received by a community redevelopment agency and deposited

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 1  to its redevelopment trust fund.  The lien created by such

 2  bonds or notes shall not attach until the revenues referred to

 3  herein are deposited in the redevelopment trust fund at the

 4  times, and to the extent that, such revenues accrue.  The

 5  holders of such bonds or notes have no right to require the

 6  imposition of any tax or the establishment of any rate of

 7  taxation in order to obtain the amounts necessary to pay and

 8  retire such bonds or notes.

 9         (6)(5)  Revenue bonds issued under the provisions of

10  this part shall not be deemed to constitute a debt, liability,

11  or obligation of the local governing body or the state or any

12  political subdivision thereof, or a pledge of the faith and

13  credit of the local governing body or the state or any

14  political subdivision thereof, but shall be payable solely

15  from the revenues provided therefor.  All such revenue bonds

16  shall contain on the face thereof a statement to the effect

17  that the agency shall not be obligated to pay the same or the

18  interest thereon except from the revenues of the community

19  redevelopment agency held for that purpose and that neither

20  the faith and credit nor the taxing power of the local

21  governing body or of the state or of any political subdivision

22  thereof is pledged to the payment of the principal of, or the

23  interest on, such bonds.

24         (7)(6)  Moneys in the redevelopment trust fund may be

25  expended from time to time for undertakings of a community

26  redevelopment agency which are directly related to financing

27  or refinancing of redevelopment in a community redevelopment

28  area pursuant to an approved community redevelopment plan for

29  the following purposes, including, but not limited to:

30  

31  

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 1         (a)  Administrative and overhead expenses necessary or

 2  incidental to the implementation of a community redevelopment

 3  plan adopted by the agency.

 4         (b)  Expenses of redevelopment planning, surveys, and

 5  financial analysis, including the reimbursement of the

 6  governing body or the community redevelopment agency for such

 7  expenses incurred before the redevelopment plan was approved

 8  and adopted.

 9         (c)  The acquisition of real property in the

10  redevelopment area.

11         (d)  The clearance and preparation of any redevelopment

12  area for redevelopment and relocation of site occupants as

13  provided in s. 163.370.

14         (e)  The repayment of principal and interest or any

15  redemption premium for loans, advances, bonds, bond

16  anticipation notes, and any other form of indebtedness.

17         (f)  All expenses incidental to or connected with the

18  issuance, sale, redemption, retirement, or purchase of agency

19  bonds, bond anticipation notes, or other form of indebtedness,

20  including funding of any reserve, redemption, or other fund or

21  account provided for in the ordinance or resolution

22  authorizing such bonds, notes, or other form of indebtedness.

23         (g)  The development of affordable housing within the

24  area.

25         (h)  The development of community policing innovations.

26         (8)(7)  On the last day of the fiscal year of the

27  community redevelopment agency, any money which remains in the

28  trust fund after the payment of expenses pursuant to

29  subsection (7) (6) for such year shall be:

30         (a)  Returned to each taxing authority which paid the

31  increment in the proportion that the amount of the payment of

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 1  such taxing authority bears to the total amount paid into the

 2  trust fund by all taxing authorities within the redevelopment

 3  area for that year;

 4         (b)  Used to reduce the amount of any indebtedness to

 5  which increment revenues are pledged;

 6         (c)  Deposited into an escrow account for the purpose

 7  of later reducing any indebtedness to which increment revenues

 8  are pledged; or

 9         (d)  Appropriated to a specific redevelopment project

10  pursuant to an approved community redevelopment plan which

11  project will be completed within 3 years from the date of such

12  appropriation.

13         (9)(8)  Each community redevelopment agency shall

14  provide for an independent financial audit of the trust fund

15  each fiscal year and a report of such audit.  Such report

16  shall describe the amount and source of deposits into, and the

17  amount and purpose of withdrawals from, the trust fund during

18  such fiscal year and the amount of principal and interest paid

19  during such year on any indebtedness to which is pledged

20  increment revenues and the remaining amount of such

21  indebtedness.  The agency shall provide a copy of the report

22  to each taxing authority.

23         Section 7.  Section 163.410, Florida Statutes, is

24  amended to read:

25         163.410  Exercise of powers in counties with home rule

26  charters.--In any county which has adopted a home rule

27  charter, the powers conferred by this part shall be exercised

28  exclusively by the governing body of such county. However, the

29  governing body of any such county which has adopted a home

30  rule charter may, in its discretion, by resolution delegate

31  the exercise of the powers conferred upon the county by this

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 1  part within the boundaries of a municipality to the governing

 2  body of such a municipality.  Such a delegation to a

 3  municipality shall confer only such powers upon a municipality

 4  as shall be specifically enumerated in the delegating

 5  resolution.  Any power not specifically delegated shall be

 6  reserved exclusively to the governing body of the county.

 7  This section does not affect any community redevelopment

 8  agency created by a municipality before prior to the adoption

 9  of a county home rule charter. Unless otherwise provided by an

10  existing ordinance, resolution, or interlocal agreement

11  between any such county and a municipality, the governing body

12  of the county that has adopted a home rule charter shall

13  approve or deny act on any request from a municipality for a

14  delegation of powers or a change in an existing delegation of

15  powers within 120 days after the receipt of all required

16  documentation or such request shall be deemed approved. Any

17  request by the county for additional documentation or other

18  information must be in writing to the municipality. The county

19  shall notify the municipality in writing within 30 days after

20  receipt of all required documentation and other requested

21  information. If the meeting of the county commission at which

22  the request for a delegation of powers or a change in an

23  existing delegation of powers is not held due to events beyond

24  the control of the county, the request may be acted upon at

25  the next regularly scheduled meeting of the county commission

26  without regard to the 120-day timeline established in this

27  section immediately sent to the governing body for

28  consideration.

29         Section 8.  This act shall take effect upon becoming a

30  law.

31  

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    Florida Senate - 2006                                  SB 2364
    20-1200A-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires a governing body to provide public notice before
      it establishes a study area. Authorizes a governing body
 4    to adopt a resolution that establishes a certain study
      area. Requires additional procedures before a governing
 5    body adopts a community redevelopment plan. Requires
      additional procedures before a governing body adopts a
 6    modification to a community redevelopment plan. Provides
      limitations on the amount of tax increment contributed by
 7    a taxing authority in the funding of a redevelopment
      trust fund. Authorizes a county and governing body to
 8    enact an agreement for an alternative method of
      determining the amount and times of payment of tax
 9    increment revenues contributed to a redevelopment trust
      fund. Requires a governing body of a county to approve or
10    deny a request for delegation of powers by a
      municipality.
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                                  18

CODING: Words stricken are deletions; words underlined are additions.