Senate Bill sb0102c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Constantine
316-2263A-02
1 A bill to be entitled
2 An act relating to community redevelopment;
3 amending s. 163.340, F.S.; revising
4 definitions; amending s. 163.355, F.S.,
5 providing additional criteria for a finding of
6 necessity for community redevelopment; amending
7 s. 163.356, F.S.; allowing certain charter
8 counties to create multiple community
9 redevelopment agencies within the
10 unincorporated county areas; providing for the
11 membership of the board of commissioners of the
12 community redevelopment agency; amending s.
13 163.361, F.S.; requiring the appropriate
14 governing body to hold public hearings and
15 provide notice to taxing authorities concerning
16 modifications of community redevelopment plans;
17 amending s. 163.362, F.S.; providing a deadline
18 for completing projects in a community
19 redevelopment plan; amending s. 163.385, F.S.;
20 revising provisions relating to issuance and
21 maturation of refunding bonds; amending s.
22 163.387, F.S.; providing time limitations on
23 the annual appropriation made by each taxing
24 authority after the initial community
25 redevelopment plan has been approved; providing
26 that certain special districts are exempt from
27 providing tax-increment dollars to the
28 community redevelopment trust fund; amending s.
29 163.410, F.S.; providing that the governing
30 body of a charter county must act on a
31 delegation-of-powers request within a specific
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 timeframe; providing for applicability;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (3), (7), and (8) of section
7 163.340, Florida Statutes, are amended to read:
8 163.340 Definitions.--The following terms, wherever
9 used or referred to in this part, have the following meanings:
10 (3) "Governing body" means the council, commission, or
11 other legislative body charged with governing the county or
12 municipality.
13 (7) "Slum area" means an area having physical or
14 economic conditions conducive to disease, infant mortality,
15 juvenile delinquency, poverty, or crime because in which there
16 is a predominance of buildings or improvements, whether
17 residential or nonresidential, which are impaired by reason of
18 dilapidation, deterioration, age, or obsolescence and
19 exhibiting one or more of the following factors:;
20 (a) Inadequate provision for ventilation, light, air,
21 sanitation, or open spaces;
22 (b) High density of population, compared to the
23 population density of adjacent areas within the county or
24 municipality; and overcrowding, as indicated by government
25 maintained statistics or other studies and the requirements of
26 the Florida Building Code; or
27 (c) The existence of conditions that which endanger
28 life or property by fire or other causes; or any combination
29 of such factors is conducive to ill health, transmission of
30 disease, infant mortality, juvenile delinquency, or crime and
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 is detrimental to the public health, safety, morals, or
2 welfare.
3 (8) "Blighted area" means an area in which there are
4 either:
5 (a) An area in which there are a substantial number of
6 slum, deteriorated, or deteriorating structures, in which and
7 conditions, as indicated by government-maintained statistics
8 or other studies, are leading that lead to economic distress
9 or endanger life or property, and in which two or more of the
10 following factors are present by fire or other causes or one
11 or more of the following factors that substantially impairs or
12 arrests the sound growth of a county or municipality and is a
13 menace to the public health, safety, morals, or welfare in its
14 present condition and use:
15 (a)1. Predominance of defective or inadequate street
16 layout, parking facilities, roadways, bridges or public
17 transportation facilities;
18 (b) Aggregate assessed values of real property in the
19 area for ad valorem tax purposes have failed to show any
20 appreciable increase over the 5 years prior to the finding of
21 such condition;
22 (c)2. Faulty lot layout in relation to size, adequacy,
23 accessibility, or usefulness;
24 (d)3. Unsanitary or unsafe conditions;
25 (e)4. Deterioration of site or other improvements;
26 (f)5. Inadequate and outdated building density
27 patterns;
28 (g) Falling lease rates per square foot of office,
29 commercial, or industrial space compared to the remainder of
30 the county or municipality;
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 (h)6. Tax or special assessment delinquency exceeding
2 the fair value of the land;
3 (i) Residential and commercial vacancy rates higher in
4 the area than in the remainder of the county or municipality;
5 (j) Incidence of crime in the area higher than in the
6 remainder of the county or municipality;
7 (k) Fire and emergency medical service calls to the
8 area proportionately higher than in the remainder of the
9 county or municipality;
10 (l) A greater number of violations of the Florida
11 Building Code in the area than the number of violations
12 recorded in the remainder of the county or municipality;
13 7. Inadequate transportation and parking facilities;
14 and
15 (m)8. Diversity of ownership or defective or unusual
16 conditions of title which prevent the free alienability of
17 land within the deteriorated or hazardous area; or
18 (n) Governmentally owned property with adverse
19 environmental conditions caused by a public or private entity.
20 (b) An area in which there exists faulty or inadequate
21 street layout; inadequate parking facilities; or roadways,
22 bridges, or public transportation facilities incapable of
23 handling the volume of traffic flow into or through the area,
24 either at present or following proposed construction.
25
26 However, the term "blighted area" also means any area in which
27 at least one of the factors identified in paragraphs (a)
28 through (n) are present and all taxing authorities subject to
29 s. 163.387(2)(a) agree, either by interlocal agreement or
30 agreements with the agency or by resolution, which agreement
31 or resolution shall only determine that the area is blighted.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 For purposes of qualifying for the tax credits authorized in
2 chapter 220, "blighted area" means an area as defined in this
3 subsection described in paragraph (a).
4 Section 2. Section 163.355, Florida Statutes, is
5 amended to read:
6 163.355 Finding of necessity by county or
7 municipality.--No county or municipality shall exercise the
8 community redevelopment authority conferred by this part until
9 after the governing body has adopted a resolution, supported
10 by data and analysis, which makes a legislative finding that
11 the conditions in the area meet the criteria described in s.
12 163.340(7) or (8). The resolution must state finding that:
13 (1) One or more slum or blighted areas, or one or more
14 areas in which there is a shortage of housing affordable to
15 residents of low or moderate income, including the elderly,
16 exist in such county or municipality; and,
17 (2) The rehabilitation, conservation, or
18 redevelopment, or a combination thereof, of such area or
19 areas, including, if appropriate, the development of housing
20 which residents of low or moderate income, including the
21 elderly, can afford, is necessary in the interest of the
22 public health, safety, morals, or welfare of the residents of
23 such county or municipality.
24 Section 3. Subsections (1) and (2) of section 163.356,
25 Florida Statutes, are amended to read:
26 163.356 Creation of community redevelopment agency.--
27 (1) Upon a finding of necessity as set forth in s.
28 163.355, and upon a further finding that there is a need for a
29 community redevelopment agency to function in the county or
30 municipality to carry out the community redevelopment purposes
31 of this part, any county or municipality may create a public
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 body corporate and politic to be known as a "community
2 redevelopment agency." A charter county having a population
3 less than or equal to 1.6 million may create, by a vote of at
4 least a majority plus one of the entire governing body of the
5 charter county, more than one community redevelopment agency.
6 Each such agency shall be constituted as a public
7 instrumentality, and the exercise by a community redevelopment
8 agency of the powers conferred by this part shall be deemed
9 and held to be the performance of an essential public
10 function. The community redevelopment agency of a county has
11 the power to function within the corporate limits of a
12 municipality only as, if, and when the governing body of the
13 municipality has by resolution concurred in the community
14 redevelopment plan proposed by the governing body of the
15 county.
16 (2) When the governing body adopts a resolution
17 declaring the need for a community redevelopment agency, that
18 body shall, by ordinance, appoint a board of commissioners of
19 the community redevelopment agency, which shall consist of not
20 fewer than five or more than nine seven commissioners. The
21 terms of office of the commissioners shall be for 4 years,
22 except that three of the members first appointed shall be
23 designated to serve terms of 1, 2, and 3 years, respectively,
24 from the date of their appointments, and all other members
25 shall be designated to serve for terms of 4 years from the
26 date of their appointments. A vacancy occurring during a term
27 shall be filled for the unexpired term.
28 Section 4. Section 163.361, Florida Statutes, is
29 amended to read:
30 163.361 Modification of community redevelopment
31 plans.--
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 (1) If at any time after the approval of a community
2 redevelopment plan by the governing body it becomes necessary
3 or desirable to amend or modify such plan, the governing body
4 may amend such plan upon the recommendation of the agency. The
5 agency recommendation to amend or modify a redevelopment plan
6 may include a change in the boundaries of the redevelopment
7 area to add land to or exclude land from the redevelopment
8 area, or may include the development and implementation of
9 community policing innovations.
10 (2) The governing body shall hold a public hearing on
11 any a proposed modification of a community redevelopment plan
12 after public notice thereof by publication in a newspaper
13 having a general circulation in the area of operation of the
14 agency.
15 (3) In addition to the requirements of s. 163.346, and
16 prior to the adoption of any modification to a community
17 redevelopment plan that expands the boundaries of the
18 community redevelopment area or extends the time certain set
19 forth in the redevelopment plan as required by s. 163.362(10),
20 the agency shall report such proposed modification to each
21 taxing authority in writing or by an oral presentation, or
22 both, regarding such proposed modification.
23 (4) A modification to a community redevelopment plan
24 that includes a change in the boundaries of the redevelopment
25 area to add land must be supported by a resolution as provided
26 in s. 163.355.
27 (5)(3) If a community redevelopment plan is modified
28 by the county or municipality after the lease or sale of real
29 property in the community redevelopment area, such
30 modification may be conditioned upon such approval of the
31 owner, lessee, or successor in interest as the county or
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 municipality may deem advisable and, in any event, shall be
2 subject to such rights at law or in equity as a lessee or
3 purchaser, or his or her successor or successors in interest,
4 may be entitled to assert.
5 Section 5. Subsection (10) of section 163.362, Florida
6 Statutes, is amended to read:
7 163.362 Contents of community redevelopment
8 plan.--Every community redevelopment plan shall:
9 (10) Provide a time certain for completing all
10 redevelopment financed by increment revenues. Such time
11 certain shall occur no later than 30 years after the fiscal
12 year in which the plan is approved, adopted, or amended
13 pursuant to s. 163.361(1). However, for any agency created
14 after July 1, 2002, the time certain for completing all
15 redevelopment financed by increment revenues must occur within
16 40 years after the fiscal year in which the plan is approved
17 or adopted.
18 Section 6. Paragraph (a) of subsection (1) of section
19 163.385, Florida Statutes, is amended to read:
20 163.385 Issuance of revenue bonds.--
21 (1)(a) When authorized or approved by resolution or
22 ordinance of the governing body, a county, municipality, or
23 community redevelopment agency has power in its corporate
24 capacity, in its discretion, to issue redevelopment revenue
25 bonds from time to time to finance the undertaking of any
26 community redevelopment under this part, including, without
27 limiting the generality thereof, the payment of principal and
28 interest upon any advances for surveys and plans or
29 preliminary loans, and has power to issue refunding bonds for
30 the payment or retirement of bonds or other obligations
31 previously issued. For any agency created before July 1, 2002,
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 any redevelopment revenue bonds or other obligations issued to
2 finance the undertaking of any community redevelopment under
3 this part shall mature within 60 years after the end of the
4 fiscal year in which the initial community redevelopment plan
5 was approved or adopted. For any agency created on or after
6 July 1, 2002, any redevelopment revenue bond or other
7 obligations issued to finance the undertaking of any community
8 redevelopment under this part must mature within 40 years
9 after the end of the fiscal year in which the initial
10 community redevelopment plan is approved or adopted. However,
11 in no event shall any redevelopment revenue bonds or other
12 obligations issued to finance the undertaking of any community
13 redevelopment under this part mature later than the expiration
14 of the plan in effect at the time such bonds or obligations
15 were issued. The security for such bonds may be based upon the
16 anticipated assessed valuation of the completed community
17 redevelopment and such other revenues as are legally
18 available. Any bond, note, or other form of indebtedness
19 pledging increment revenues to the repayment thereof shall
20 mature no later than the end of the 30th fiscal year after the
21 fiscal year in which increment revenues are first deposited
22 into the redevelopment trust fund or the fiscal year in which
23 the plan is subsequently amended. However, for any agency
24 created on or after July 1, 2002, any form of indebtedness
25 pledging increment revenues to the repayment thereof must
26 mature by the 40th year after the fiscal year in which the
27 initial community redevelopment plan is approved or adopted.
28 However, any refunding bonds issued pursuant to this paragraph
29 may not mature later than the final maturity date of any bonds
30 or other obligations issued pursuant to this paragraph being
31 paid or retired with the proceeds of such refunding bonds.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 Section 7. Subsections (1), (2) and (6) of section
2 163.387, are amended to read:
3 163.387 Redevelopment trust fund.--
4 (1) After approval of a community redevelopment plan,
5 there shall be established for each community redevelopment
6 agency created under s. 163.356 a redevelopment trust fund.
7 Funds allocated to and deposited into this fund shall be used
8 by the agency to finance or refinance any community
9 redevelopment it undertakes pursuant to the approved community
10 redevelopment plan. No community redevelopment agency may
11 receive or spend any increment revenues pursuant to this
12 section unless and until the governing body has, by ordinance,
13 provided for the funding of the redevelopment trust fund for
14 the duration of a community redevelopment plan. Such ordinance
15 may be adopted only after the governing body has approved a
16 community redevelopment plan. The annual funding of the
17 redevelopment trust fund shall be in an amount not less than
18 that increment in the income, proceeds, revenues, and funds of
19 each taxing authority derived from or held in connection with
20 the undertaking and carrying out of community redevelopment
21 under this part. Such increment shall be determined annually
22 and shall be that amount equal to 95 percent of the difference
23 between:
24 (a) The amount of ad valorem taxes levied each year by
25 each taxing authority, exclusive of any amount from any debt
26 service millage, on taxable real property contained within the
27 geographic boundaries of a community redevelopment area; and
28 (b) The amount of ad valorem taxes which would have
29 been produced by the rate upon which the tax is levied each
30 year by or for each taxing authority, exclusive of any debt
31 service millage, upon the total of the assessed value of the
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 taxable real property in the community redevelopment area as
2 shown upon the most recent assessment roll used in connection
3 with the taxation of such property by each taxing authority
4 prior to the effective date of the ordinance providing for the
5 funding of the trust fund.
6
7 However, the governing body of any county as defined in s.
8 125.011(1) may, in the ordinance providing for the funding of
9 a trust fund established with respect to any community
10 redevelopment area created on or after July 1, 1994, determine
11 that the amount to be funded by each taxing authority annually
12 shall be less than 95 percent of the difference between
13 paragraphs (a) and (b), but in no event shall such amount be
14 less than 50 percent of such difference.
15 (2)(a) Except for the purpose of funding the trust
16 fund pursuant to subsection (3), upon the adoption of an
17 ordinance providing for funding of the redevelopment trust
18 fund as provided in this section, each taxing authority shall,
19 by January 1 of each year, appropriate to the trust fund for
20 so long as any indebtedness pledging increment revenues to the
21 payment thereof is outstanding (but not to exceed 30 years) a
22 sum that is no less than the increment as defined and
23 determined in subsection (1) accruing to such taxing
24 authority. If the community redevelopment plan is amended or
25 modified pursuant to s. 163.361(1), each such taxing authority
26 shall make the annual appropriation for a period not to exceed
27 30 years after the date the governing body amends the plan.
28 However, for any agency created on or after July 1, 2002, each
29 taxing authority shall make the annual appropriation for a
30 period not to exceed 40 years after the fiscal year in which
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 the initial community redevelopment plan is approved or
2 adopted.
3 (b) Any taxing authority that does not pay the
4 increment to the trust fund by January 1 shall pay to the
5 trust fund an amount equal to 5 percent of the amount of the
6 increment and shall pay interest on the amount of the
7 increment equal to 1 percent for each month the increment is
8 outstanding.
9 (c) The following public bodies or taxing authorities
10 created prior to July 1, 1993, are exempt from paragraph (a):
11 1. A special district that levies ad valorem taxes on
12 taxable real property in more than one county.
13 2. A special district the sole available source of
14 revenue of which is ad valorem taxes at the time an ordinance
15 is adopted under this section.
16 3. A library district, except a library district in a
17 jurisdiction where the community redevelopment agency had
18 validated bonds as of April 30, 1984.
19 4. A neighborhood improvement district created under
20 the Safe Neighborhoods Act.
21 5. A metropolitan transportation authority.
22 6. A water management district created under s.
23 373.069.
24 (d)1. A local governing body that creates a community
25 redevelopment agency under s. 163.356 may exempt from
26 paragraph (a) a special district that levies ad valorem taxes
27 within that community redevelopment area. The local governing
28 body may grant the exemption either in its sole discretion or
29 in response to the request of the special district. The local
30 governing body must establish procedures by which a special
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 district may submit a written request to be exempted from
2 paragraph (a) within 120 days after July 1, 1993.
3 2. In deciding whether to deny or grant a special
4 district's request for exemption from paragraph (a), the local
5 governing body must consider:
6 a. Any additional revenue sources of the community
7 redevelopment agency which could be used in lieu of the
8 special district's tax increment.
9 b. The fiscal and operational impact on the community
10 redevelopment agency.
11 c. The fiscal and operational impact on the special
12 district.
13 d. The benefit to the specific purpose for which the
14 special district was created. The benefit to the special
15 district must be based on specific projects contained in the
16 approved community redevelopment plan for the designated
17 community redevelopment area.
18 e. The impact of the exemption on incurred debt and
19 whether such exemption will impair any outstanding bonds that
20 have pledged tax increment revenues to the repayment of the
21 bonds.
22 f. The benefit of the activities of the special
23 district to the approved community redevelopment plan.
24 g. The benefit of the activities of the special
25 district to the area of operation of the local governing body
26 that created the community redevelopment agency.
27 3. The local governing body must hold a public hearing
28 on a special district's request for exemption after public
29 notice of the hearing is published in a newspaper having a
30 general circulation in the county or municipality that created
31 the community redevelopment area. The notice must describe
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 the time, date, place, and purpose of the hearing and must
2 identify generally the community redevelopment area covered by
3 the plan and the impact of the plan on the special district
4 that requested the exemption.
5 4. If a local governing body grants an exemption to a
6 special district under this paragraph, the local governing
7 body and the special district must enter into an interlocal
8 agreement that establishes the conditions of the exemption,
9 including, but not limited to, the period of time for which
10 the exemption is granted.
11 5. If a local governing body denies a request for
12 exemption by a special district, the local governing body
13 shall provide the special district with a written analysis
14 specifying the rationale for such denial. This written
15 analysis must include, but is not limited to, the following
16 information:
17 a. A separate, detailed examination of each
18 consideration listed in subparagraph 2.
19 b. Specific examples of how the approved community
20 redevelopment plan will benefit, and has already benefited,
21 the purpose for which the special district was created.
22 6. The decision to either deny or grant an exemption
23 must be made by the local governing body within 120 days after
24 the date the written request was submitted to the local
25 governing body pursuant to the procedures established by such
26 local governing body.
27 (6) Moneys in the redevelopment trust fund may be
28 expended from time to time for undertakings of a community
29 redevelopment agency which are the following purposes, when
30 directly related to financing or refinancing of redevelopment
31 in a community redevelopment area pursuant to an approved
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 community redevelopment plan for the following purposes
2 including, but not limited to:
3 (a) Administrative and overhead expenses necessary or
4 incidental to the implementation of a community redevelopment
5 plan adopted by the agency.
6 (b) Expenses of redevelopment planning, surveys, and
7 financial analysis, including the reimbursement of the
8 governing body or the community redevelopment agency for such
9 expenses incurred before the redevelopment plan was approved
10 and adopted.
11 (c) The acquisition of real property in the
12 redevelopment area.
13 (d) The clearance and preparation of any redevelopment
14 area for redevelopment and relocation of site occupants as
15 provided in s. 163.370.
16 (e) The repayment of principal and interest or any
17 redemption premium for loans, advances, bonds, bond
18 anticipation notes, and any other form of indebtedness.
19 (f) All expenses incidental to or connected with the
20 issuance, sale, redemption, retirement, or purchase of agency
21 bonds, bond anticipation notes, or other form of indebtedness,
22 including funding of any reserve, redemption, or other fund or
23 account provided for in the ordinance or resolution
24 authorizing such bonds, notes, or other form of indebtedness.
25 (g) The development of affordable housing within the
26 area.
27 (h) The development of community policing innovations.
28 Section 8. Section 163.410, Florida Statutes, is
29 amended to read:
30 163.410 Exercise of powers in counties with home rule
31 charters.--In any county which has adopted a home rule
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 charter, the powers conferred by this part shall be exercised
2 exclusively by the governing body of such county. However, the
3 governing body of any such county which has adopted a home
4 rule charter may, in its discretion, by resolution delegate
5 the exercise of the powers conferred upon the county by this
6 part within the boundaries of a municipality to the governing
7 body of such a municipality. Such a delegation to a
8 municipality shall confer only such powers upon a municipality
9 as shall be specifically enumerated in the delegating
10 resolution. Any power not specifically delegated shall be
11 reserved exclusively to the governing body of the county. This
12 section does not affect any community redevelopment agency
13 created by a municipality prior to the adoption of a county
14 home rule charter. Unless otherwise provided by an existing
15 ordinance, resolution, or interlocal agreement between any
16 such county and a municipality, the governing body of the
17 county that has adopted a home rule charter shall act on any
18 request from a municipality for a delegation of powers or a
19 change in an existing delegation of powers within 120 days
20 after the receipt of all required documentation or such
21 request shall be immediately sent to the governing body for
22 consideration.
23 Section 9. (1) Amendments to part III of chapter 163,
24 Florida Statutes, as provided by this act, do not apply to any
25 ordinance or resolution authorizing the issuance of any bond,
26 note, or other form of indebtedness to which are pledged
27 increment revenues pursuant to a community development plan,
28 or amendment or modification thereto, as approved or adopted
29 before July 1, 2002.
30 (2) Amendments to part III of chapter 163, Florida
31 Statutes, as provided by this act, shall not apply to any
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 ordinance, resolution, interlocal agreement, or written
2 agreement effective before July 1, 2002, which provides for
3 the delegation of community redevelopment powers.
4 (3) Sections 1, 2, 4, and 5 of this act do not apply
5 to nor affect, directly or indirectly, any community
6 development agency created before July 1, 2002, unless the
7 community redevelopment area is expanded on or after July 1,
8 2002, in which case only sections 1 and 2 of this act shall
9 apply only to such expanded area.
10 (4) Sections 1, 2, 4, and 5 of this act do not apply
11 to nor shall affect, directly or indirectly, any municipality
12 that has adopted its finding of necessity on or before August
13 1, 2002, and has adopted its community redevelopment plan on
14 or before December 31, 2002.
15 (5) Sections 1, 2, 4, and 5 of this act do not apply
16 to nor shall affect, directly or indirectly, any municipality
17 that has submitted its finding of necessity or application for
18 approval of a community redevelopment plan, or to amend an
19 existing community redevelopment plan, to a county that has
20 adopted a home rule charter and that has delegated powers to
21 that municipality pursuant to section 163.410, Florida
22 Statutes, before August 1, 2002.
23 (6) Amendments to part III of chapter 163, Florida
24 Statutes, as provided by this act, do not apply to any county
25 as defined in section 125.011(1), Florida Statutes, or any
26 municipality located therein.
27 Section 10. This act shall take effect July 1, 2002.
28
29
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 102
316-2263A-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 102
3
4
This bill revises statutory provisions relating to
5 community redevelopment agencies (CRAs) set forth in part
III of chapter 163, F.S. Current definitions of "slum
6 area" and "blighted area" are substantially amended to
restrict the areas to which these definitions apply. The
7 bill revises current statutory provision governing a
finding of necessity to require a local government to
8 adopt a resolution, supported by a detailed
justification, that finds conditions in the area meet the
9 revised definition of "slum area" or of a "blighted area"
prior to establishing a CRA.
10
The bill also requires that before a community
11 redevelopment plan is modified, the CRA must notify each
taxing authority of the proposed modification and
12 requires that any change in the boundaries of the
redevelopment area to add land must be supported by a
13 resolution with accompanying justification.
14 The bill expands the maximum number of commissioners
sitting on the board of a CRA from seven to nine, and
15 allows more than one CRA to be created in certain charter
counties.
16
The bill also limits the time period each taxing
17 authority is required to appropriate incremental ad
valorem tax revenues to a redevelopment trust fund to no
18 more than 40 years after the date of approval or adoption
of the initial plan, regardless of whether the CRA amends
19 its plan, and mandates a time certain for completing all
redevelopment financed by increment revenues of within 40
20 years after the fiscal year in which the plan is approved
or adopted. Similarly, the maturity date for
21 redevelopment revenue bonds and repayment bonds issued by
CRAs created on or after July 1, 2002 is limited to 40
22 years.
23 This bill includes a number of specific exclusion to
application of the provisions of the bill.
24
25
26
27
28
29
30
31
18
CODING: Words stricken are deletions; words underlined are additions.