Senate Bill sb1578
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Florida Senate - 2002 SB 1578
By Senator Campbell
33-553-02
1 A bill to be entitled
2 An act relating to community redevelopment;
3 amending s. 163.340, F.S.; redefining the terms
4 "governing body," "slum area," and "blighted
5 area"; amending s. 163.355, F.S.; providing
6 requirements for counties and municipalities
7 with respect to adopting a resolution that
8 makes a finding of a slum or blighted area;
9 amending s. 163.356, F.S.; requiring a
10 redevelopment agency to report to the county on
11 the progress of redevelopment activities;
12 amending s. 163.358, F.S.; providing additional
13 powers of a community redevelopment agency if
14 delegated by the governing body of the county
15 or municipality; amending s. 163.361, F.S.;
16 providing for amending the boundaries of a
17 development area; amending s. 163.362, F.S.;
18 revising requirements for completing
19 redevelopment financed by increment revenues;
20 amending s. 163.385, F.S.; requiring notice of
21 intent to issue revenue bonds; amending s.
22 163.387, F.S.; requiring that a county or
23 municipality fund the redevelopment trust fund
24 for the duration of the redevelopment plan;
25 amending s. 163.410, F.S.; providing for the
26 exercise of powers by the governing body of the
27 county in which a community redevelopment area
28 is located; eliminating certain provisions
29 applicable to counties with home rule charters;
30 requiring that certain amendments be made by
31 resolution; authorizing a municipality to
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1 create a community redevelopment agency;
2 authorizing a county to reserve certain rights
3 to itself with respect to the issuance of
4 revenue bonds and other requirements; repealing
5 s. 163.415, F.S., relating to the exercise of
6 powers by noncharter counties; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsections (3), (7), and (8) of section
12 163.340, Florida Statutes, are amended to read:
13 163.340 Definitions.--The following terms, wherever
14 used or referred to in this part, have the following meanings:
15 (3) "Governing body" means the council, commission, or
16 other legislative body charged with governing the county or
17 municipality.
18 (7) "Slum area" means an area in which a minimum of
19 one-quarter there is a predominance of all buildings or
20 improvements, whether residential or nonresidential, endanger
21 life or property by fire or other causes because of one or
22 more of the following factors: which by reason of
23 dilapidation, deterioration, age, or obsolescence; inadequate
24 provision for ventilation, light, air, sanitation, or open
25 spaces; or high density of population, as evidenced by
26 comparison to the population density of adjacent areas within
27 the county or municipality, and overcrowding, as evidenced by
28 government-maintained statistics and information in the South
29 Florida Building Code; the existence of conditions which
30 endanger life or property by fire or other causes; or any
31 combination of such factors is conducive to ill health,
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1 transmission of disease, infant mortality, juvenile
2 delinquency, or crime and is detrimental to the public health,
3 safety, morals, or welfare.
4 (8) "Blighted area" means 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 evidenced by government-maintained statistics,
8 are leading that lead to economic distress or endangering
9 endanger life or property. Structures are substantially
10 deteriorated if a minimum of one quarter of all buildings in
11 the area are in a deteriorated state. The following factors
12 may be considered as contributing to a slum area or blighted
13 area, but do not, by themselves, qualify for a finding of a
14 slum area or blighted area: by fire or other causes or one or
15 more of the following factors that substantially impairs or
16 arrests the sound growth of a county or municipality and is a
17 menace to the public health, safety, morals, or welfare in its
18 present condition and use:
19 (a)1. Predominance of defective or inadequate street
20 layout.;
21 (b) An unemployment rate for the previous 5 years
22 which is higher and rising faster than that of the county in
23 which the proposed redevelopment area is situated.
24 (c) A tax base that has been flat or falling for the
25 previous 5 years.
26 (d)2. Faulty lot layout in relation to size, adequacy,
27 accessibility, or usefulness.;
28 (e) An increase in the number of tax-exempt
29 properties.
30 (f)3. Unsanitary or unsafe conditions.;
31 (g)4. Deterioration of site or other improvements.;
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1 (h)5. Inadequate and outdated building density
2 patterns.;
3 (i) Falling lease rates per square foot for office,
4 commercial, and industrial space.
5 (j)6. Tax or special assessment delinquency exceeding
6 the fair value of the land.;
7 (k) High and rising residential and commercial vacancy
8 rates.
9 (l)7. Inadequate transportation and parking
10 facilities.; and
11 (m) A high incidence of crime, as compared to the
12 remainder of the county and municipality.
13 (n) A large number of fire and emergency medical
14 service calls within the area, as compared to the remainder of
15 the county and municipality.
16 (o) A large number of violations to the building code
17 within the area, as compared to the remainder of the county
18 and municipality.
19 8. Diversity of ownership or defective or unusual
20 conditions of title which prevent the free alienability of
21 land within the deteriorated or hazardous area; or
22 (b) An area in which there exists faulty or inadequate
23 street layout; inadequate parking facilities; or roadways,
24 bridges, or public transportation facilities incapable of
25 handling the volume of traffic flow into or through the area,
26 either at present or following proposed construction.
27
28 However, For purposes of qualifying for the tax credits
29 authorized in chapter 220, "blighted area" means an area
30 described in this subsection paragraph (a).
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1 Section 2. Section 163.355, Florida Statutes, is
2 amended to read:
3 163.355 Finding of necessity by county or
4 municipality.--
5 (1) A No county or municipality may not shall exercise
6 the authority conferred by this part with respect to community
7 redevelopment until after the appropriate governing body has
8 adopted a resolution identifying the slum or blighted area and
9 providing a detailed statement of how some or all of the
10 factors specified in s. 164.340(8) have contributed to the
11 condition of the slum or blighted area. The resolution must
12 state finding that:
13 (a)(1) One or more slum or blighted areas, or one or
14 more areas in which there is a shortage of housing affordable
15 to residents of low or moderate income, including the elderly,
16 exist in such county or municipality; and,
17 (b)(2) The rehabilitation, conservation, or
18 redevelopment, or a combination thereof, of such area or
19 areas, including, if appropriate, the development of
20 affordable housing for which residents of low or moderate
21 income, including the elderly, can afford, is necessary in the
22 interest of the public health, safety, morals, or welfare of
23 the residents of such county or municipality.
24 (2) If a determination of a slum or blighted area is
25 successfully challenged by an affected party, the community
26 redevelopment plan and any subsequent activity taken with
27 respect to that plan will be null and void ab initio.
28 Section 3. Subsection (1) and paragraph (c) of
29 subsection (3) of section 163.356, Florida Statutes, are
30 amended to read:
31 163.356 Creation of community redevelopment agency.--
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1 (1) After adopting Upon a finding concerning a slum or
2 blighted area of necessity as set forth in s. 163.355, and
3 upon a further finding that there is a need for a community
4 redevelopment agency to function in the county or municipality
5 to carry out the community redevelopment purposes of this
6 part, any county or municipality may create a public body
7 corporate and politic to be known as a "community
8 redevelopment agency." Each such agency shall be constituted
9 as a public instrumentality, and the exercise by a community
10 redevelopment agency of the powers conferred by this part
11 shall be deemed and held to be the performance of an essential
12 public function. The community redevelopment agency of a
13 county has the power to function within the corporate limits
14 of a municipality only as, if, and when the governing body of
15 the municipality has by resolution concurred in the community
16 redevelopment plan proposed by the governing body of the
17 county.
18 (3)
19 (c) The governing body of the county or municipality
20 shall designate a chair and vice chair from among the
21 commissioners. An agency may employ an executive director,
22 technical experts, and such other agents and employees,
23 permanent and temporary, as it requires, and determine their
24 qualifications, duties, and compensation. For such legal
25 service as it requires, an agency may employ or retain its own
26 counsel and legal staff. An agency authorized to transact
27 business and exercise powers under this part shall file with
28 the governing body, on or before March 31 of each year, a
29 report of its activities for the preceding fiscal year, which
30 report shall include a complete financial statement setting
31 forth its assets, liabilities, income, and operating expenses
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1 as of the end of such fiscal year. At the time of filing the
2 report, the agency shall publish in a newspaper of general
3 circulation in the community a notice to the effect that such
4 report has been filed with the county or municipality and that
5 the report is available for inspection during business hours
6 in the office of the clerk of the city or county commission
7 and in the office of the agency. At the time of filing the
8 report with the Auditor General, the agency shall submit a
9 report to the governing body of the county which provides
10 detailed information on progress in redevelopment activities,
11 including a report on meeting timeframes and benchmarks, and
12 which includes, but is not limited to, changes in
13 tax-increment payments, enhancements to the tax base, leverage
14 of private or non-ad valorem funds, costs and revenues, growth
15 in new business, reduction of incompatible land uses or code
16 violations, improvements to infrastructure, and benefits to
17 the larger community.
18 Section 4. Section 163.358, Florida Statutes, is
19 amended to read:
20 163.358 Exercise of powers in carrying out community
21 redevelopment and related activities.--The community
22 redevelopment powers assigned to a community redevelopment
23 agency created under s. 163.356 include all the powers
24 necessary or convenient to carry out and effectuate the
25 purposes and provisions of this part, except the following,
26 which continue to vest in the governing body of the county or
27 in the governing body of the municipality, if so delegated:
28 (1) The power to determine an area to be a slum or
29 blighted area, or combination thereof; to designate such area
30 as appropriate for community redevelopment; and to hold any
31 public hearings required with respect thereto.
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1 (2) The power to grant final approval to community
2 redevelopment plans and modifications thereof, including a
3 modification to the boundaries of a community redevelopment
4 area served by the plan, as set forth in s. 163.361.
5 (3) The power to extend the term of the plan involving
6 the continuing contribution by the taxing authority beyond the
7 term of the original plan approved or adopted.
8 (4) The power to change the plan to the extent that
9 the change requires an amendment to the county or municipal
10 land use plan.
11 (5)(3) The power to authorize the issuance of revenue
12 bonds as set forth in s. 163.385.
13 (6)(4) The power to approve the acquisition,
14 demolition, removal, or disposal of property as provided in s.
15 163.370(3) and the power to assume the responsibility to bear
16 loss as provided in s. 163.370(3).
17 (7)(5) The power to approve the development of
18 community policing innovations.
19 Section 5. Section 163.361, Florida Statutes, is
20 amended to read:
21 163.361 Modification of community redevelopment
22 plans.--
23 (1) If at any time after the approval of a community
24 redevelopment plan by the appropriate governing body it
25 becomes necessary or desirable to amend or modify such plan,
26 the governing body may amend such plan upon the recommendation
27 of the agency. The agency recommendation to amend or modify a
28 redevelopment plan may include a change in the boundaries of
29 the redevelopment area to add land to or exclude land from the
30 redevelopment area, or may include the development and
31 implementation of community policing innovations.
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1 (2) If, at any time after approval of a community
2 redevelopment plan by the appropriate governing body, it is
3 necessary to amend or modify the boundaries of the plan or
4 implement an amendment enumerated in s. 163.358, upon the
5 recommendation of the agency the governing body of the county
6 in which the community redevelopment area is located shall
7 consider the impact of the amendment on the county as a whole
8 and may approve the amendment by resolution. An agency
9 recommendation to amend or modify the boundaries of a
10 redevelopment plan may add land to or exclude land from the
11 redevelopment area.
12 (3)(2) The appropriate governing body shall hold a
13 public hearing on a proposed modification of a community
14 redevelopment plan after public notice thereof by publication
15 in a newspaper having a general circulation in the area of
16 operation of the agency.
17 (4)(3) If a community redevelopment plan is modified
18 by the county or municipality after the lease or sale of real
19 property in the community redevelopment area, such
20 modification may be conditioned upon such approval of the
21 owner, lessee, or successor in interest as the county or
22 municipality may deem advisable and, in any event, shall be
23 subject to such rights at law or in equity as a lessee or
24 purchaser, or his or her successor or successors in interest,
25 may be entitled to assert.
26 Section 6. Subsections (10) and (11) of section
27 163.362, Florida Statutes, are amended to read:
28 163.362 Contents of community redevelopment
29 plan.--Every community redevelopment plan shall:
30 (10) Provide a time certain for completing all
31 redevelopment financed by increment revenues.
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1 (a) Such time certain shall occur no later than 30
2 years after the end of the fiscal year in which the plan is
3 initially approved or, adopted, or amended pursuant to s.
4 163.361(1).
5 (b) For a plan amended or modified under s. 163.361
6 after October 1, 2002, the time certain occurs not later than
7 30 years after the fiscal year in which the plan was amended
8 or modified.
9 (c) The time certain for completing all redevelopment
10 financed by increment revenues under this subsection applies
11 regardless of whether the plan was adopted before chapter
12 84-356, Laws of Florida, became a law and regardless of
13 whether bonds were issued pledging increment revenues pursuant
14 only to a plan approved before chapter 84-356, Laws of
15 Florida, became a law. The county, upon notification, may
16 impose conditions the county finds are reasonably necessary in
17 securing the financial viability of any community
18 redevelopment undertaking by the entity or agency.
19 (11) Subsections (1), (3), (4), and (8), as amended by
20 s. 10, chapter 84-356, Laws of Florida, and subsections (9)
21 and (10) do not apply to any governing body of a county or
22 municipality or to a community redevelopment agency if such
23 governing body has approved and adopted a community
24 redevelopment plan pursuant to s. 163.360 before chapter
25 84-356 became a law; nor do they apply to any governing body
26 of a county or municipality or to a community redevelopment
27 agency if such governing body or agency has adopted an
28 ordinance or resolution authorizing the issuance of any bonds,
29 notes, or other forms of indebtedness to which is pledged
30 increment revenues pursuant only to a community redevelopment
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1 plan as approved and adopted before chapter 84-356 became a
2 law.
3 Section 7. Paragraph (a) of subsection (1) and
4 subsection (6) of section 163.385, Florida Statutes, are
5 amended to read:
6 163.385 Issuance of revenue bonds.--
7 (1)(a) When authorized or approved by resolution or
8 ordinance of the governing body, a county, municipality, or
9 community redevelopment agency has power in its corporate
10 capacity, in its discretion, to issue redevelopment revenue
11 bonds from time to time to finance the undertaking of any
12 community redevelopment under this part, including, without
13 limiting the generality thereof, the payment of principal and
14 interest upon any advances for surveys and plans or
15 preliminary loans, and has power to issue refunding bonds for
16 the payment or retirement of bonds or other obligations
17 previously issued. If redevelopment bonds are not issued by
18 the county, the issuing entity or agency must notify the
19 county, in writing, of its intent to issue or, if applicable,
20 refinance the redevelopment bonds. The county, upon
21 notification, may impose conditions it finds are reasonably
22 necessary to secure the financial viability of any community
23 redevelopment undertaking by the entity or agency. Any
24 redevelopment revenue bonds or other obligations issued to
25 finance the undertaking of any community redevelopment under
26 this part shall mature within 30 60 years after the end of the
27 fiscal year in which the initial community redevelopment plan
28 was approved or adopted. However, in no event shall any
29 redevelopment revenue bonds or other obligations issued to
30 finance the undertaking of any community redevelopment under
31 this part mature later than the expiration of the plan in
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1 effect at the time such bonds or obligations were issued. The
2 security for such bonds may be based upon the anticipated
3 assessed valuation of the completed community redevelopment
4 and such other revenues as are legally available. Any bond,
5 note, or other form of indebtedness pledging increment
6 revenues to the repayment thereof shall mature no later than
7 the end of the 30th fiscal year after the end of the fiscal
8 year in which the initial community redevelopment plan was
9 approved or adopted increment revenues are first deposited
10 into the redevelopment trust fund or the fiscal year in which
11 the plan is subsequently amended. However, any refunding bonds
12 issued pursuant to this paragraph may not mature later than
13 the final maturity date of any bonds or other obligations
14 issued pursuant to this paragraph being paid or retired with
15 the proceeds of such refunding bonds.
16 (6) Subsections (1), (4), and (5), as amended by s.
17 14, chapter 84-356, Laws of Florida, do not apply to any
18 governing body of a county or municipality or to a community
19 redevelopment agency if such governing body or agency has
20 adopted an ordinance or resolution authorizing the issuance of
21 any bonds, notes, or other forms of indebtedness to which is
22 pledged increment revenues pursuant only to a community
23 redevelopment plan as approved and adopted before chapter
24 84-356 became a law.
25 Section 8. Subsection (1) and paragraph (a) of
26 subsection (2) of section 163.387, Florida Statutes, are
27 amended to read:
28 163.387 Redevelopment trust fund.--
29 (1) After approval of a community redevelopment plan,
30 there shall be established for each community redevelopment
31 agency created under s. 163.356 a redevelopment trust fund.
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1 Funds allocated to and deposited into this fund shall be used
2 by the agency to finance or refinance any community
3 redevelopment it undertakes pursuant to the approved community
4 redevelopment plan. A No community redevelopment agency may
5 not receive or spend any increment revenues pursuant to this
6 section unless and until the governing body of the county, or
7 of the municipality if authority is delegated to the
8 municipality by the county, has, by ordinance, provided for
9 the funding of the redevelopment trust fund for the duration
10 of a community redevelopment plan. Such ordinance may be
11 adopted only after the appropriate governing body has approved
12 a community redevelopment plan. The annual funding of the
13 redevelopment trust fund shall be in an amount not less than
14 that increment in the income, proceeds, revenues, and funds of
15 each taxing authority derived from or held in connection with
16 the undertaking and carrying out of community redevelopment
17 under this part. Such increment shall be determined annually
18 and shall be that amount equal to 95 percent of the difference
19 between:
20 (a) The amount of ad valorem taxes levied each year by
21 each taxing authority, exclusive of any amount from any debt
22 service millage, on taxable real property contained within the
23 geographic boundaries of a community redevelopment area; and
24 (b) The amount of ad valorem taxes which would have
25 been produced by the rate upon which the tax is levied each
26 year by or for each taxing authority, exclusive of any debt
27 service millage, upon the total of the assessed value of the
28 taxable real property in the community redevelopment area as
29 shown upon the most recent assessment roll used in connection
30 with the taxation of such property by each taxing authority
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1 prior to the effective date of the ordinance providing for the
2 funding of the trust fund.
3
4 However, The governing body of any county as defined in s.
5 125.011(1) may, in the ordinance providing for the funding of
6 a trust fund established with respect to any community
7 redevelopment area created on or after July 1, 1994, determine
8 that the amount to be funded by each taxing authority annually
9 shall be less than 95 percent of the difference between
10 paragraphs (a) and (b); however, but in no event shall such
11 amount be less than 50 percent of such difference.
12 (2)(a) Except for the purpose of funding the trust
13 fund pursuant to subsection (3), upon the adoption of an
14 ordinance providing for funding of the redevelopment trust
15 fund as provided in this section, each taxing authority shall,
16 by January 1 of each year, appropriate to the trust fund for
17 so long as any indebtedness pledging increment revenues to the
18 payment thereof is outstanding (but not to exceed 30 years
19 following approval or adoption of the initial ordinance) a sum
20 that is no less than the increment as defined and determined
21 in subsection (1) accruing to such taxing authority. If the
22 community redevelopment plan is amended or modified pursuant
23 to s. 163.361(1), each such taxing authority shall make the
24 annual appropriation for a period not to exceed 30 years after
25 the date the governing body amends the plan.
26 Section 9. Section 163.410, Florida Statutes, is
27 amended to read:
28 163.410 Exercise of powers in counties with home rule
29 charters.--
30 (1) In any county which has adopted a home rule
31 charter, The powers conferred by this part shall be exercised
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1 exclusively by the governing body of the such county in which
2 the community redevelopment area is located. 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 in which a community redevelopment
8 area is proposed to be located. Such a delegation to a
9 municipality confers shall confer only those such powers upon
10 a municipality which are as shall be specifically enumerated
11 in the delegating resolution and includes only those powers
12 that are not specifically reserved to the county under this
13 part. Any powers power not specifically delegated to the
14 municipality by resolution are shall be reserved exclusively
15 to the governing body of the county. This section does not
16 affect any ongoing community redevelopment activity in a
17 community redevelopment area agency created by a municipality
18 prior to October 1, 2002 the adoption of a county home rule
19 charter. However, after October 1, 2002, any amendment to the
20 boundaries of a community redevelopment area or plan may be
21 approved by a resolution of the governing body of the county
22 as provided in s. 163.361, and any of the amendments
23 enumerated in s. 163.358 may be approved upon recommendation
24 of the agency.
25 (2) Notwithstanding subsection (1), a municipality may
26 create a community redevelopment agency to operate within the
27 boundaries of the municipality if the municipality or the
28 community redevelopment agency does not request that the
29 county provide an appropriation of incremental ad valorem tax
30 revenues for the redevelopment activities planned or
31 undertaken within the community redevelopment area and does
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1 not obtain such an appropriation from the county. A
2 municipality creating a community redevelopment agency under
3 this section may exercise all powers conferred by this part.
4 (3) If a municipality desires to create a community
5 redevelopment agency in which the county will participate by
6 providing an annual appropriation of incremental ad valorem
7 tax revenues, the municipality shall notify the chief
8 executive officer of the county of its intent before
9 conducting the study required under s. 163.355. If the county
10 determines that it will participate in the municipality's
11 proposed community redevelopment, the county shall delegate
12 the exercise of its powers under this part, subject to other
13 requirements adopted by the county under this part. In
14 addition to the county's authority to delegate the exercise of
15 its powers under this section, the county may:
16 (a) Reserve to itself the right to approve the
17 issuance of revenue bonds under s. 163.385, including the
18 right to impose conditions that the county finds are
19 reasonably necessary to secure the financial viability of a
20 community redevelopment undertaking.
21 (b) Require, by ordinance or resolution, that the
22 municipality or community redevelopment agency create an
23 advisory committee composed of residents and business owners
24 within the community redevelopment area.
25 (c) Require, by ordinance or resolution, that the
26 community redevelopment agency engage in joint planning
27 activities if the area under the agency's jurisdiction is
28 adjacent to another community redevelopment area.
29 (d) Notwithstanding s. 163.387, establish, by
30 ordinance or resolution, conditions under which the county may
31 participate in the undertakings of a community redevelopment
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1 agency and pay to the agency incremental ad valorem tax
2 revenues produced in the community redevelopment area. Such
3 conditions must be in a letter of agreement and may include,
4 but are not limited to, establishing the percentage of
5 incremental tax revenues to be paid, establishing the total
6 number of years such funds are to be paid to the agency,
7 restricting the use of the incremental tax revenues paid to
8 the agency, and establishing a mechanism for retaining all or
9 part of the county's share of tax increments, consistent with
10 the terms of the letter of agreement.
11 Section 10. Section 163.415, Florida Statutes, is
12 repealed.
13 Section 11. This act shall take effect October 1,
14 2002.
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17 SENATE SUMMARY
18 Revises various provisions of part III of ch. 163, F.S.,
governing community redevelopment. Redefines the terms
19 "slum area" and "blighted area." Requires that
redevelopment agencies report to the county on the
20 progress of redevelopment activities. Provides for
amending the boundaries of a redevelopment area. Requires
21 that redevelopment financed by increment revenues be
completed within a time certain or within 30 years.
22 Requires that the redevelopment trust fund be funded for
the duration of the redevelopment plan. (See bill for
23 details.)
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