Bill Text: HB 1379

HB 1379

2003

A bill to be entitled

An act relating to community redevelopment; amending ss.

163.355, 163.358, 163.360, 163.361, 163.387, and 163.410,

F.S.; requiring the governing body of a county with a home

rule charter to exercise certain authority with regard to

a finding of necessity for community redevelopment, the

creation, approval, modification, or amendment of a

community redevelopment agency, area, or plan, and use of

moneys in the redevelopment trust fund; providing for

applicability; providing an effective date.

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

Section 1. Section 163.355, Florida Statutes, is amended

to read:

163.355 Finding of necessity by county or

municipality.--No county or municipality shall exercise the

community redevelopment authority conferred by this part until

after the governing body has adopted a resolution, supported by

data and analysis, which makes a legislative finding that the

conditions in the area meet the criteria described in s.

163.340(7) or (8). However, in a county that has adopted a home

rule charter, the governing body of the county shall also adopt

a resolution in support of this part.The resolution must state

that:

(1) One or more slum or blighted areas, or one or more

areas in which there is a shortage of housing affordable to

residents of low or moderate income, including the elderly,

exist in such county or municipality; and

(2) The rehabilitation, conservation, or redevelopment, or

a combination thereof, of such area or areas, including, if

appropriate, the development of housing which residents of low

or moderate income, including the elderly, can afford, is

necessary in the interest of the public health, safety, morals,

or welfare of the residents of such county or municipality.

Section 2. Subsection (2) of section 163.358, Florida

Statutes, is amended to read:

163.358 Exercise of powers in carrying out community

redevelopment and related activities.--The community

redevelopment powers assigned to a community redevelopment

agency created under s. 163.356 include all the powers necessary

or convenient to carry out and effectuate the purposes and

provisions of this part, except the following, which continue to

vest in the governing body of the county or municipality:

(2) The power to grant final approval to community

redevelopment plans and modifications thereof. However, if a

county has adopted a home rule charter, the governing body of

the county shall have final approval authority of any community

redevelopment plan and the creation, amendment, or modification

of the community redevelopment plan.

Section 3. Subsection (7) of section 163.360, Florida

Statutes, is amended to read:

163.360 Community redevelopment plans.--

(7) Following such hearing, the governing body may approve

the community redevelopment and the plan therefor if it finds

that:

(a) A feasible method exists for the location of families

who will be displaced from the community redevelopment area in

decent, safe, and sanitary dwelling accommodations within their

means and without undue hardship to such families;

(b) The community redevelopment plan conforms to the

general plan of the county or municipality as a whole;

consideration to the utilization of community policing

innovations, and to the provision of adequate park and

recreational areas and facilities that may be desirable for

neighborhood improvement, with special consideration for the

health, safety, and welfare of children residing in the general

vicinity of the site covered by the plans;

(d) The community redevelopment plan will afford maximum

opportunity, consistent with the sound needs of the county or

municipality as a whole, for the rehabilitation or redevelopment

of the community redevelopment area by private enterprise; and

(e) The community redevelopment plan and resulting

revitalization and redevelopment for a coastal tourist area that

is deteriorating and economically distressed will reduce or

maintain evacuation time, as appropriate, and ensure protection

for property against exposure to natural disasters.

However, if the creation, amendment, or modification of the

boundaries of a community redevelopment area or a community

redevelopment plan occurs in a county that has adopted a home

rule charter, the creation, amendment, or modification of those

boundaries shall be approved by the governing body of the county

as well.

Section 4. Subsection (1) of section 163.361, Florida

Statutes, is amended to read:

163.361 Modification of community redevelopment plans.--

(1) If at any time after the approval of a community

redevelopment plan by the governing body it becomes necessary or

desirable to amend or modify such plan, the governing body may

amend such plan upon the recommendation of the agency. However,

if the creation, amendment, or modification of the boundaries of

a community redevelopment area or a community redevelopment plan

occurs in a county that has adopted a home rule charter, the

creation, amendment, or modification of those boundaries shall

be approved by the governing body of the county as well.The

agency recommendation to amend or modify a redevelopment plan

may include a change in the boundaries of the redevelopment area

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to add land to or exclude land from the redevelopment area, or

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may include the development and implementation of community

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policing innovations.

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Section 5. Subsection (1) of section 163.387, Florida

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Statutes, is amended to read:

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163.387 Redevelopment trust fund.--

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(1) After approval of a community redevelopment plan,

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there shall be established for each community redevelopment

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agency created under s. 163.356 a redevelopment trust fund.

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Funds allocated to and deposited into this fund shall be used by

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the agency to finance or refinance any community redevelopment

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it undertakes pursuant to the approved community redevelopment

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plan. No community redevelopment agency may receive or spend any

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increment revenues pursuant to this section unless and until the

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governing body has, by ordinance, provided for the funding of

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the redevelopment trust fund for the duration of a community

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redevelopment plan. However, if the community redevelopment

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agency is located in a county that has adopted a home rule

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charter, the ordinance shall be adopted by the governing body of

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the county as well.Such ordinance may be adopted only after the

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governing body has approved a community redevelopment plan. The

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annual funding of the redevelopment trust fund shall be in an

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amount not less than that increment in the income, proceeds,

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revenues, and funds of each taxing authority derived from or

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held in connection with the undertaking and carrying out of

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community redevelopment under this part. Such increment shall be

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determined annually and shall be that amount equal to 95 percent

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of the difference between:

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(a) The amount of ad valorem taxes levied each year by

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each taxing authority, exclusive of any amount from any debt

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service millage, on taxable real property contained within the

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geographic boundaries of a community redevelopment area; and

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(b) The amount of ad valorem taxes which would have been

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produced by the rate upon which the tax is levied each year by

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or for each taxing authority, exclusive of any debt service

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millage, upon the total of the assessed value of the taxable

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real property in the community redevelopment area as shown upon

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the most recent assessment roll used in connection with the

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taxation of such property by each taxing authority prior to the

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effective date of the ordinance providing for the funding of the

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trust fund.

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

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

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trust fund established with respect to any community

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

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that the amount to be funded by each taxing authority annually

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shall be less than 95 percent of the difference between

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paragraphs (a) and (b), but in no event shall such amount be

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less than 50 percent of such difference.

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Section 7. Section 163.410, Florida Statutes, is amended

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to read:

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163.410 Exercise of powers in counties with home rule

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

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the powers conferred by this part shall be exercised exclusively

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

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body of any such county which has adopted a home rule charter

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may, in its discretion, by resolution delegate the exercise of

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the powers conferred upon the county by this part within the

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boundaries of a municipality to the governing body of such a

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municipality. Such a delegation to a municipality shall confer

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only such powers upon a municipality as shall be specifically

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enumerated in the delegating resolution. Any power not

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specifically delegated shall be reserved exclusively to the

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governing body of the county. ~~This section does not affect any~~

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~~community redevelopment agency created by a municipality prior~~

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~~to the adoption of a county home rule charter.~~Unless otherwise

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provided by an existing ordinance, resolution, or interlocal

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agreement between any such county and a municipality, the

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governing body of the county that has adopted a home rule

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charter shall act on any request from a municipality for a

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delegation of powers or a change in an existing delegation of

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powers within 120 days after the receipt of all required

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documentation or such request shall be immediately sent to the

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governing body for consideration. For the purposes of this part,

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the governing body of a county that has adopted a home rule

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charter shall have final authority to approve or deny the

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creation, amendment, or modification of a community

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redevelopment agency, community redevelopment area, or community

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redevelopment plan.

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Section 6. The provisions of this act shall apply to the

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creation, amendment, or modification of a community

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redevelopment agency, community redevelopment area, or community

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redevelopment plan for which final approval by the governing

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body of a county that has adopted a home rule charter is

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obtained on or after February 1, 2003.

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