Senate Bill sb2496

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    Florida Senate - 2005                                  SB 2496

    By Senator Constantine





    22-1488-05

  1                      A bill to be entitled

  2         An act relating to community redevelopment

  3         agencies; amending s. 163.340, F.S.; conforming

  4         a cross-reference; amending s. 163.356, F.S.;

  5         requiring a community redevelopment agency to

  6         include additional information in a report to

  7         the governing body of a county or municipality;

  8         amending s. 163.387, F.S.; authorizing

  9         implementation of a funding alternative by a

10         local government that is subject to tax

11         increment financing obligations relating to a

12         community redevelopment agency; requiring

13         specification of a funding alternative in an

14         interlocal agreement; authorizing a credit

15         toward the tax increment obligation of a local

16         government for the cost of the funding

17         alternative; requiring each funding alternative

18         to ensure sufficient payment to the community

19         redevelopment agency; requiring a community

20         redevelopment agency to include additional

21         information in an audit report to each taxing

22         authority; amending s. 163.410, F.S.; requiring

23         development of an interlocal agreement

24         regarding community redevelopment areas in a

25         home rule county; requiring the governing board

26         of the county or a municipality in the county

27         to commence negotiation of the agreement;

28         providing for dispute resolution if agreement

29         cannot be reached; amending s. 163.415, F.S.;

30         requiring development of an interlocal

31         agreement regarding community redevelopment

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 1         areas in a county without a home rule charter;

 2         requiring the governing board of the county or

 3         a municipality in the county to commence

 4         negotiation of the agreement; providing for

 5         dispute resolution if agreement cannot be

 6         reached; providing an effective date.

 7  

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

 9  

10         Section 1.  Subsection (8) of section 163.340, Florida

11  Statutes, is amended to read:

12         163.340  Definitions.--The following terms, wherever

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

14         (8)  "Blighted area" means an area in which there are a

15  substantial number of deteriorated, or deteriorating

16  structures, in which conditions, as indicated by

17  government-maintained statistics or other studies, are leading

18  to economic distress or endanger life or property, and in

19  which two or more of the following factors are present:

20         (a)  Predominance of defective or inadequate street

21  layout, parking facilities, roadways, bridges, or public

22  transportation facilities;

23         (b)  Aggregate assessed values of real property in the

24  area for ad valorem tax purposes have failed to show any

25  appreciable increase over the 5 years prior to the finding of

26  such conditions;

27         (c)  Faulty lot layout in relation to size, adequacy,

28  accessibility, or usefulness;

29         (d)  Unsanitary or unsafe conditions;

30         (e)  Deterioration of site or other improvements;

31         (f)  Inadequate and outdated building density patterns;

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 1         (g)  Falling lease rates per square foot of office,

 2  commercial, or industrial space compared to the remainder of

 3  the county or municipality;

 4         (h)  Tax or special assessment delinquency exceeding

 5  the fair value of the land;

 6         (i)  Residential and commercial vacancy rates higher in

 7  the area than in the remainder of the county or municipality;

 8         (j)  Incidence of crime in the area higher than in the

 9  remainder of the county or municipality;

10         (k)  Fire and emergency medical service calls to the

11  area proportionately higher than in the remainder of the

12  county or municipality;

13         (l)  A greater number of violations of the Florida

14  Building Code in the area than the number of violations

15  recorded in the remainder of the county or municipality;

16         (m)  Diversity of ownership or defective or unusual

17  conditions of title which prevent the free alienability of

18  land within the deteriorated or hazardous area; or

19         (n)  Governmentally owned property with adverse

20  environmental conditions caused by a public or private entity.

21  

22  However, the term "blighted area" also means any area in which

23  at least one of the factors identified in paragraphs (a)

24  through (n) are present and all taxing authorities subject to

25  s. 163.387(3)(a) s. 163.387(2)(a) agree, either by interlocal

26  agreement or agreements with the agency or by resolution, that

27  the area is blighted. Such agreement or resolution shall only

28  determine that the area is blighted. For purposes of

29  qualifying for the tax credits authorized in chapter 220,

30  "blighted area" means an area as defined in this subsection.

31  

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 1         Section 2.  Paragraph (c) of subsection (3) of section

 2  163.356, Florida Statutes, is amended to read:

 3         163.356  Creation of community redevelopment agency.--

 4         (c)  The governing body of the county or municipality

 5  shall designate a chair and vice chair from among the

 6  commissioners. An agency may employ an executive director,

 7  technical experts, and such other agents and employees,

 8  permanent and temporary, as it requires, and determine their

 9  qualifications, duties, and compensation. For such legal

10  service as it requires, an agency may employ or retain its own

11  counsel and legal staff. An agency authorized to transact

12  business and exercise powers under this part shall file with

13  the governing body, on or before March 31 of each year, a

14  report of its activities for the preceding fiscal year, which

15  report must shall include a complete financial statement

16  setting forth its assets, liabilities, income, and operating

17  expenses as of the end of such fiscal year. The report must

18  also include information on the status of redevelopment

19  projects and related activities contained in redevelopment

20  plans, redevelopment activities proposed for the upcoming

21  year, and other information as specified in interlocal

22  agreements. At the time of filing the report, the agency shall

23  publish in a newspaper of general circulation in the community

24  a notice to the effect that such report has been filed with

25  the county or municipality and that the report is available

26  for inspection during business hours in the office of the

27  clerk of the city or county commission and in the office of

28  the agency.

29         Section 3.  Section 163.387, Florida Statutes, is

30  amended to read:

31         163.387  Redevelopment trust fund.--

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 1         (1)  After approval of a community redevelopment plan,

 2  there shall be established for each community redevelopment

 3  agency created under s. 163.356 a redevelopment trust fund.

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

 5  by the agency to finance or refinance any community

 6  redevelopment it undertakes pursuant to the approved community

 7  redevelopment plan. No community redevelopment agency may

 8  receive or spend any increment revenues pursuant to this

 9  section unless and until the governing body has, by ordinance,

10  provided for the funding of the redevelopment trust fund for

11  the duration of a community redevelopment plan. Such ordinance

12  may be adopted only after the governing body has approved a

13  community redevelopment plan. The annual funding of the

14  redevelopment trust fund shall be in an amount not less than

15  that increment in the income, proceeds, revenues, and funds of

16  each taxing authority derived from or held in connection with

17  the undertaking and carrying out of community redevelopment

18  under this part. Such increment shall be determined annually

19  and shall be that amount equal to 95 percent of the difference

20  between:

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

22  each taxing authority, exclusive of any amount from any debt

23  service millage, on taxable real property contained within the

24  geographic boundaries of a community redevelopment area; and

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

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

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

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

29  taxable real property in the community redevelopment area as

30  shown upon the most recent assessment roll used in connection

31  with the taxation of such property by each taxing authority

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    Florida Senate - 2005                                  SB 2496
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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), but in no event shall such amount be

11  less than 50 percent of such difference.

12         (2)  A local government that is subject to obligations

13  that are funded by tax increment revenues may implement

14  funding alternatives to meet those obligations which include,

15  but need not be limited to, in-kind contributions or providing

16  public infrastructure, business incentives, and waivers of

17  impact fees and other costs related to redevelopment. The

18  alternatives must be specified in interlocal agreements

19  between the county, municipality, and other affected local

20  governments. The cost of a funding alternative is a direct

21  credit toward the tax increment financing obligation of the

22  local government. Each funding alternative must ensure

23  adequate and timely distribution of payments necessary for the

24  community redevelopment agency to function efficiently and

25  effectively and meet any bond obligation of the agency.

26         (3)(2)(a)  Except for the purpose of funding the trust

27  fund pursuant to subsection (4) (3), upon the adoption of an

28  ordinance providing for funding of the redevelopment trust

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

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

31  so long as any indebtedness pledging increment revenues to the

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 1  payment thereof is outstanding, (but not to exceed 30 years,)

 2  a sum that is no less than the increment as defined and

 3  determined in subsection (1) accruing to such taxing

 4  authority. If the community redevelopment plan is amended or

 5  modified pursuant to s. 163.361(1), each such taxing authority

 6  shall make the annual appropriation for a period not to exceed

 7  30 years after the date the governing body amends the plan.

 8  However, for any agency created on or after July 1, 2002, each

 9  taxing authority shall make the annual appropriation for a

10  period not to exceed 40 years after the fiscal year in which

11  the initial community redevelopment plan is approved or

12  adopted.

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

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

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

16  increment and shall pay interest on the amount of the

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

18  outstanding.

19         (c)  The following public bodies or taxing authorities

20  are exempt from paragraph (a):

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

22  taxable real property in more than one county.

23         2.  A special district for which the sole available

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

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

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

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

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

29  deemed available.

30  

31  

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

 2  jurisdiction where the community redevelopment agency had

 3  validated bonds as of April 30, 1984.

 4         4.  A neighborhood improvement district created under

 5  the Safe Neighborhoods Act.

 6         5.  A metropolitan transportation authority.

 7         6.  A water management district created under s.

 8  373.069.

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

10  redevelopment agency under s. 163.356 may exempt from

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

12  within that community redevelopment area.  The local governing

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

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

15  governing body must establish procedures by which a special

16  district may submit a written request to be exempted from

17  paragraph (a).

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

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

20  governing body must consider:

21         a.  Any additional revenue sources of the community

22  redevelopment agency which could be used in lieu of the

23  special district's tax increment.

24         b.  The fiscal and operational impact on the community

25  redevelopment agency.

26         c.  The fiscal and operational impact on the special

27  district.

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

29  special district was created.  The benefit to the special

30  district must be based on specific projects contained in the

31  

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 1  approved community redevelopment plan for the designated

 2  community redevelopment area.

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

 4  whether such exemption will impair any outstanding bonds that

 5  have pledged tax increment revenues to the repayment of the

 6  bonds.

 7         f.  The benefit of the activities of the special

 8  district to the approved community redevelopment plan.

 9         g.  The benefit of the activities of the special

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

11  that created the community redevelopment agency.

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

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

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

15  general circulation in the county or municipality that created

16  the community redevelopment area.  The notice must describe

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

18  identify generally the community redevelopment area covered by

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

20  that requested the exemption.

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

22  special district under this paragraph, the local governing

23  body and the special district must enter into an interlocal

24  agreement that establishes the conditions of the exemption,

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

26  the exemption is granted.

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

28  exemption by a special district, the local governing body

29  shall provide the special district with a written analysis

30  specifying the rationale for such denial.  This written

31  

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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         (4)(3)  Notwithstanding the provisions of subsection

14  (3) (2), the obligation of the governing body which

15  established the community redevelopment agency to fund the

16  redevelopment trust fund annually shall continue until all

17  loans, advances, and indebtedness, if any, and interest

18  thereon, of a community redevelopment agency incurred as a

19  result of redevelopment in a community redevelopment area have

20  been paid.

21         (5)(4)  The revenue bonds and notes of every issue

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

23  and received by a community redevelopment agency and deposited

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

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

26  herein are deposited in the redevelopment trust fund at the

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

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

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

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

31  retire such bonds or notes.

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 1         (6)(5)  Revenue bonds issued under the provisions of

 2  this part do shall not be deemed to constitute a debt,

 3  liability, or obligation of the local governing body or the

 4  state or any political subdivision thereof, or a pledge of the

 5  faith and credit of the local governing body or the state or

 6  any political subdivision thereof, but shall be payable solely

 7  from the revenues provided therefor.  All such revenue bonds

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

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

10  interest thereon except from the revenues of the community

11  redevelopment agency held for that purpose and that neither

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

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

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

15  interest on, such bonds.

16         (7)(6)  Moneys in the redevelopment trust fund may be

17  expended from time to time for undertakings of a community

18  redevelopment agency which are directly related to financing

19  or refinancing of redevelopment in a community redevelopment

20  area pursuant to an approved community redevelopment plan for

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

22         (a)  Administrative and overhead expenses necessary or

23  incidental to the implementation of a community redevelopment

24  plan adopted by the agency.

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

26  financial analysis, including the reimbursement of the

27  governing body or the community redevelopment agency for such

28  expenses incurred before the redevelopment plan was approved

29  and adopted.

30         (c)  The acquisition of real property in the

31  redevelopment area.

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 1         (d)  The clearance and preparation of any redevelopment

 2  area for redevelopment and relocation of site occupants as

 3  provided in s. 163.370.

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

 5  redemption premium for loans, advances, bonds, bond

 6  anticipation notes, and any other form of indebtedness.

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

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

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

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

11  account provided for in the ordinance or resolution

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

13         (g)  The development of affordable housing within the

14  area.

15         (h)  The development of community policing innovations.

16         (8)(7)  On the last day of the fiscal year of the

17  community redevelopment agency, any money which remains in the

18  trust fund after the payment of expenses pursuant to

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

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

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

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

23  trust fund by all taxing authorities within the redevelopment

24  area for that year;

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

26  which increment revenues are pledged;

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

28  of later reducing any indebtedness to which increment revenues

29  are pledged; or

30         (d)  Appropriated to a specific redevelopment project

31  pursuant to an approved community redevelopment plan which

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

 2  appropriation.

 3         (9)(8)  Each community redevelopment agency shall

 4  provide for an independent financial audit of the trust fund

 5  each fiscal year and a report of such audit. The Such report

 6  must shall describe the amount and source of deposits into,

 7  and the amount and purpose of withdrawals from, the trust fund

 8  during such fiscal year and the amount of principal and

 9  interest paid during such year on any indebtedness to which is

10  pledged increment revenues and the remaining amount of such

11  indebtedness. The report must also include information on the

12  status of redevelopment projects and related activities

13  contained in redevelopment plans, redevelopment activities

14  proposed for the upcoming year, and other information as

15  specified in interlocal agreements. The agency shall provide a

16  copy of the report to each taxing authority.

17         Section 4.  Section 163.410, Florida Statutes, is

18  amended to read:

19         163.410  Exercise of powers in counties with home rule

20  charters.--

21         (1)  In a any county that which has adopted a home rule

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

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

24  governing body of a any such county that which has adopted a

25  home rule charter may, in its discretion, by resolution

26  delegate the exercise of the powers conferred upon the county

27  by this part within the boundaries of a municipality to the

28  governing body of such a municipality. Such a delegation

29  confers to a municipality shall confer only such powers upon

30  the a municipality as are shall be specifically enumerated in

31  the delegating resolution. Any power not specifically

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 1  delegated is shall be reserved exclusively to the governing

 2  body of the county. This subsection section does not affect

 3  any community redevelopment agency created by a municipality

 4  prior to the adoption of a county home rule charter. Unless

 5  otherwise provided by an existing ordinance, resolution, or

 6  interlocal agreement between any such county and a

 7  municipality, the governing body of the county that has

 8  adopted a home rule charter shall act on any request from a

 9  municipality for a delegation of powers or a change in an

10  existing delegation of powers within 120 days after the

11  receipt of all required documentation or such request shall be

12  immediately sent to the governing body for consideration.

13         (2)  A county that has adopted a home rule charter and

14  each municipality within that county shall develop an

15  interlocal agreement regarding the formation, expansion,

16  financing, reporting, and duration of the community

17  redevelopment areas within the county.  The governing body of

18  such a county shall enter into negotiations for the interlocal

19  agreement within 90 days after it receives a written proposal

20  for an interlocal agreement from a municipality.  The

21  governing body of a municipality shall enter into negotiations

22  for the interlocal agreement within 90 days after it receives

23  a written proposal for an interlocal agreement from the county

24  or from another municipality in the county.  Failure to reach

25  agreement after entering negotiations must be settled through

26  the dispute-resolution process in chapter 164.

27         Section 5.  Section 163.415, Florida Statutes is

28  amended to read:

29         163.415  Exercise of powers in counties without home

30  rule charters.--

31  

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 1         (1)  The powers conferred by this part upon a county

 2  counties not having adopted a home rule charter may shall not

 3  be exercised within the boundaries of a municipality within

 4  that said county unless the governing body of the municipality

 5  expresses its consent by resolution. Such a resolution

 6  consenting to the exercise of the powers conferred upon

 7  counties by this part must shall specifically enumerate the

 8  powers to be exercised by the county within the boundaries of

 9  the municipality.  Any power not specifically enumerated in

10  such a resolution of consent shall be exercised exclusively by

11  the municipality within its boundaries. 

12         (2)  A county without home rule charter and each

13  municipality within that county shall develop an interlocal

14  agreement regarding the formation, expansion, financing,

15  reporting, and duration of the community redevelopment areas

16  with the county. The governing body of such a county shall

17  enter into negotiations for the interlocal agreement within 90

18  days after it receives a written proposal for an interlocal

19  agreement from a municipality. The governing body of a

20  municipality shall enter into negotiations for the interlocal

21  agreement within 90 days after it receives a written proposal

22  for an interlocal agreement from the county or from another

23  municipality in the county.  Failure to reach agreement after

24  entering negotiations must be settled through the

25  dispute-resolution process in chapter 164.

26         Section 6.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

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

 2                          SENATE SUMMARY

 3    Requires a community redevelopment agency to include
      additional information in a report to the governing body
 4    of a county or municipality and in an audit report to
      each taxing authority.  Authorizes a local government
 5    that is subject to tax increment financing obligations
      relating to a community redevelopment agency to implement
 6    a funding alternative that is specified in an interlocal
      agreement.  Provides a credit toward the tax increment
 7    obligation for the cost of the funding alternative.
      Requires each funding alternative to ensure sufficient
 8    payment to the community redevelopment agency. Requires
      counties and municipalities to develop an interlocal
 9    agreement regarding community redevelopment areas.
      Requires the governing board of a county or municipality
10    to commence negotiation of the agreement.  Provides for
      dispute resolution.
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