HB 1583

1
A bill to be entitled
2An act relating to community redevelopment; amending s.
3163.340, F.S.; defining the term "taxing authority";
4amending s. 163.346, F.S.; revising a requirement that a
5governing body notify taxing authorities before taking
6certain actions; creating s. 163.354, F.S.; authorizing
7the adoption of a resolution establishing a slum and
8blight study area before making a finding of necessity;
9amending s. 163.360, F.S.; specifying additional notice,
10hearing, and dispute resolution procedures for adoption of
11a community redevelopment plan for certain community
12redevelopment agencies; amending s. 163.361, F.S.;
13specifying additional notice, hearing, and dispute
14resolution procedures for adoption of a modified community
15redevelopment plan expanding redevelopment area boundaries
16for certain community redevelopment agencies; amending s.
17163.387, F.S.; specifying for certain redevelopment
18agencies certain limitations on amounts of increment
19contributed to a redevelopment trust fund by certain
20taxing authorities; authorizing enactment of an interlocal
21agreement providing for an alternative determination of
22amounts of, payment schedules for, and interest on
23increment contributions to a redevelopment trust fund;
24amending s. 163.410, F.S.; providing requirements for
25actions by certain counties delegating or changing a
26delegation of powers to a municipality for community
27redevelopment areas; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsection (2) of section 163.340, Florida
32Statutes, is amended, and subsection (24) is added to that
33section, to read:
34     163.340  Definitions.--The following terms, wherever used
35or referred to in this part, have the following meanings:
36     (2)  "Public body" or "taxing authority" means the state or
37any county, municipality, authority, special district as defined
38in s. 165.031(5), or other public body of the state, except a
39school district.
40     (24)  "Taxing authority" means any local government other
41than a school district that levies ad valorem millage against
42the property within a community redevelopment area.
43     Section 2.  Section 163.346, Florida Statutes, is amended
44to read:
45     163.346  Notice to taxing authorities.--Before the
46governing body adopts any resolution or enacts any ordinance
47required under s. 163.354, s. 163.355, s. 163.356, s. 163.357,
48or s. 163.387; establishes a study area; creates a community
49redevelopment agency; approves, adopts, or amends a community
50redevelopment plan; or issues redevelopment revenue bonds under
51s. 163.385, the governing body must provide public notice of
52such proposed action pursuant to s. 125.66(2) or s.
53166.041(3)(a) and, at least 15 days before such proposed action,
54mail by registered mail a notice to each taxing authority which
55levies ad valorem taxes on taxable real property contained
56within the geographic boundaries of the redevelopment area.
57     Section 3.  Section 163.354, Florida Statutes, is created
58to read:
59     163.354  Development of study area.--Prior to adopting a
60resolution making a finding of necessity required by s. 163.355,
61the governing body may adopt a resolution establishing a slum
62and blight study area.
63     Section 4.  Subsection (6) of section 163.360, Florida
64Statutes, is amended to read:
65     163.360  Community redevelopment plans.--
66     (6)(a)  The governing body shall hold a public hearing on a
67community redevelopment plan after public notice thereof by
68publication in a newspaper having a general circulation in the
69area of operation of the county or municipality. The notice
70shall describe the time, date, place, and purpose of the
71hearing, identify generally the community redevelopment area
72covered by the plan, and outline the general scope of the
73community redevelopment plan under consideration.
74     (b)  For any community redevelopment agency created after
75January 1, 2006, that was not created pursuant to a delegation
76of authority under s. 163.410 by a county that has adopted a
77home rule charter, the following additional procedures are
78required prior to the governing body's adopting a community
79redevelopment plan under subsection (7):
80     1.  Within 30 days after receipt of any community
81redevelopment plan recommended by a community redevelopment
82agency under subsection (5), the county shall provide written
83notice to the governing body of the municipality that the county
84has competing policy goals and plans for the public funds the
85county would be required to contribute to the tax increment
86under the proposed community redevelopment plan.
87     2.  If the notice required in subparagraph 1. is timely
88provided, the board of county commissioners and the governing
89body of the municipality that created the community
90redevelopment agency shall schedule and hold a joint hearing
91chaired by the county chair at which the competing policy goals
92for the public funds shall be discussed. Any such hearing must
93be held within 90 days after receipt by the county of the
94recommended community redevelopment plan. Prior to the joint
95public hearing, the county may propose an alternative
96redevelopment plan to address the conditions identified in the
97resolution making a finding of necessity required by s. 163.355.
98     3.  If the notice required in subparagraph 1. is timely
99provided, the municipality may not proceed with the adoption of
100the plan under subsection (7) until 45 days after the joint
101hearing unless the board of county commissioners has failed to
102schedule and attend the joint hearing within the required 90-day
103period.
104     4.  Notwithstanding the timeframes established in
105subparagraphs 2. and 3., the county and the municipality may at
106any time voluntarily use the dispute resolution process
107established in chapter 164 to attempt to resolve any competing
108policy goals between the county and municipality related to the
109community redevelopment agency. Nothing in this subparagraph
110grants the county or the municipality the authority to require
111the other to participate in the dispute resolution process.
112     Section 5.  Subsection (3) of section 163.361, Florida
113Statutes, is amended to read:
114     163.361  Modification of community redevelopment plans.--
115     (3)(a)  In addition to the requirements of s. 163.346, and
116prior to the adoption of any modification to a community
117redevelopment plan that expands the boundaries of the community
118redevelopment area or extends the time certain set forth in the
119redevelopment plan as required by s. 163.362(10), the agency
120shall report such proposed modification to each taxing authority
121in writing or by an oral presentation, or both, regarding such
122proposed modification.
123     (b)  For any community redevelopment agency that was not
124created pursuant to a delegation of authority under s. 163.410
125by a county that has adopted a home rule charter and that
126modifies its adopted community redevelopment plan in a manner
127that expands the boundaries of the redevelopment area, the
128following additional procedures are required prior to the
129governing body's adopting a modified community redevelopment
130plan:
131     1.  Within 30 days after receipt of any report of a
132proposed modification that expands the boundaries of the
133redevelopment area, the county shall provide notice to the
134governing body of the municipality that the county has competing
135policy goals and plans for the public funds the county would be
136required to contribute to the tax increment under the proposed
137modification to the community redevelopment plan.
138     2.  If the notice required in subparagraph 1. is timely
139provided, the board of county commissioners and the governing
140body of the municipality that created the community
141redevelopment agency shall schedule and hold a joint hearing
142chaired by the county chair at which the competing policy goals
143for the public funds shall be discussed. Any such hearing shall
144be held within 90 days after receipt by the county of the
145recommended modification of the adopted community redevelopment
146plan. Prior to the joint public hearing, the county may propose
147an alternative modified community redevelopment plan to address
148the conditions identified in the resolution making a finding of
149necessity required under s. 163.355.
150     3.  If the notice required in subparagraph 1. is timely
151provided, the municipality may not proceed with the adoption of
152the plan under s. 163.360(7) until 45 days after the joint
153hearing unless the board of county commissioners has failed to
154schedule and attend the joint hearing within the required 90-day
155period.
156     4.  Notwithstanding the timeframes established in
157subparagraphs 2. and 3., the county and the municipality may at
158any time voluntarily use the dispute resolution process
159established in chapter 164 to attempt to resolve any competing
160policy goals between the county and municipality related to the
161expansion of the boundaries of the community redevelopment
162agency. Nothing in this subparagraph grants the county or the
163municipality the authority to require the other to participate
164in the dispute resolution process.
165     Section 6.  Subsection (1), paragraph (a) of subsection
166(2), and subsection (3) of section 163.387, Florida Statutes,
167are amended to read:
168     163.387  Redevelopment trust fund.--
169     (1)(a)  After approval of a community redevelopment plan,
170there shall be established for each community redevelopment
171agency created under s. 163.356 a redevelopment trust fund.
172Funds allocated to and deposited into this fund shall be used by
173the agency to finance or refinance any community redevelopment
174it undertakes pursuant to the approved community redevelopment
175plan. No community redevelopment agency may receive or spend any
176increment revenues pursuant to this section unless and until the
177governing body has, by ordinance, provided for the funding of
178the redevelopment trust fund for the duration of a community
179redevelopment plan. Such ordinance may be adopted only after the
180governing body has approved a community redevelopment plan. The
181annual funding of the redevelopment trust fund shall be in an
182amount not less than that increment in the income, proceeds,
183revenues, and funds of each taxing authority derived from or
184held in connection with the undertaking and carrying out of
185community redevelopment under this part. Such increment shall be
186determined annually and shall be that amount equal to 95 percent
187of the difference between:
188     1.(a)  The amount of ad valorem taxes levied each year by
189each taxing authority, exclusive of any amount from any debt
190service millage, on taxable real property contained within the
191geographic boundaries of a community redevelopment area as
192indicated by the preliminary assessment roll; and
193     2.(b)  The amount of ad valorem taxes which would have been
194produced by the rate upon which the tax is levied each year by
195or for each taxing authority, exclusive of any debt service
196millage, upon the total of the assessed value of the taxable
197real property in the community redevelopment area as shown upon
198the most recent assessment roll used in connection with the
199taxation of such property by each taxing authority prior to the
200effective date of the ordinance providing for the funding of the
201trust fund.
202
203However, the governing body of any county as defined in s.
204125.011(1) may, in the ordinance providing for the funding of a
205trust fund established with respect to any community
206redevelopment area created on or after July 1, 1994, determine
207that the amount to be funded by each taxing authority annually
208shall be less than 95 percent of the difference between
209subparagraphs 1. and 2. paragraphs (a) and (b), but in no event
210shall such amount be less than 50 percent of such difference.
211     (b)1.  For any community redevelopment agency created after
212July 1, 2006, that was not created pursuant to a delegation of
213authority under s. 163.410 by a county that has adopted a home
214rule charter, or that extends the time certain set forth in the
215redevelopment plan as required by s. 163.362(10) beyond 40 years
216after the later of the fiscal year in which the initial
217redevelopment plan is adopted or the most recent amendment to
218the redevelopment plan is adopted, the amount of tax increment
219to be contributed by any taxing authority shall be limited as
220follows:
221     a.  If a taxing authority imposes a millage rate that
222exceeds the millage rate imposed by the governing body that
223created the trust fund, the amount of tax increment to be
224contributed by the taxing authority imposing the higher millage
225rate shall be calculated using the millage rate imposed by the
226governing body that created the trust fund, provided that any
227taxing authority may voluntarily contribute amounts of tax
228increment at a higher rate for a period of time as specified by
229interlocal agreement between the taxing authority and the
230community redevelopment agency.
231     b.  At any time more than 19 years after the fiscal year in
232which a taxing authority made its first contribution to a
233redevelopment trust fund, the taxing authority, by resolution
234effective no sooner than the next fiscal year and adopted by
235majority vote of the taxing authority's governing body at a
236public hearing held not less than 30 or more than 45 days after
237written notice delivered to the community redevelopment agency
238and published in a newspaper of general circulation in the
239redevelopment area, may limit the amount of increment
240contributed by the taxing authority to the trust fund to the
241average annual amount the taxing authority was obligated to
242contribute to the trust fund in the 3 fiscal years immediately
243preceding the adoption of such resolution, plus any increase in
244the increment after the adoption of the resolution computed
245using the taxable values of any area which is subject to an area
246reinvestment agreement. As used in this subparagraph, the term
247"area reinvestment agreement" means an agreement between the
248community redevelopment agency and a private party, with or
249without additional parties, provided that all the increment
250computed for a specific area shall be reinvested in public
251infrastructure or services, or both, or debt service for such
252infrastructure supporting a specific project identified in the
253agreement to be constructed within that area. Any such
254reinvestment agreement must specify the estimated total amount
255of public investment necessary to provide the public
256infrastructure or services, or both, including any applicable
257debt service. The increase in the increment of any area that is
258subject to an area reinvestment agreement following the passage
259of a resolution as provided in this subparagraph is limited to
260the amount specified in the area reinvestment agreement as
261necessary to provide the public infrastructure or services, or
262both, including any applicable debt service, that is the subject
263of the agreement. The increase in the increment of any area that
264is subject to an area reinvestment agreement following the
265passage of a resolution as provided in this sub-subparagraph
266shall cease when the amount specified in the area reinvestment
267agreement as necessary to provide the public infrastructure or
268services, or both, including any applicable debt service, have
269been invested.
270     2.  For any community redevelopment agency that was not
271created pursuant to a delegation of authority under s. 163.410
272by a county that has adopted a home rule charter and that
273modifies its adopted community redevelopment plan after July 1,
2742006, in a manner that expands the boundaries of the
275redevelopment area, the amount of increment to be contributed by
276any taxing authority with respect to the expanded area shall be
277limited as set forth in subparagraph 1.
278     (2)(a)  Except for the purpose of funding the trust fund
279pursuant to subsection (3), upon the adoption of an ordinance
280providing for funding of the redevelopment trust fund as
281provided in this section, each taxing authority shall, by
282January 1 of each year, appropriate to the trust fund for so
283long as any indebtedness pledging increment revenues to the
284payment thereof is outstanding (but not to exceed 30 years) a
285sum that is no less than the increment as defined and determined
286in subsection (1) or paragraph (3)(b) accruing to such taxing
287authority. If the community redevelopment plan is amended or
288modified pursuant to s. 163.361(1), each such taxing authority
289shall make the annual appropriation for a period not to exceed
29030 years after the date the governing body amends the plan.
291However, for any agency created on or after July 1, 2002, each
292taxing authority shall make the annual appropriation for a
293period not to exceed 40 years after the fiscal year in which the
294initial community redevelopment plan is approved or adopted.
295     (3)(a)  Notwithstanding the provisions of subsection (2),
296the obligation of the governing body which established the
297community redevelopment agency to fund the redevelopment trust
298fund annually shall continue until all loans, advances, and
299indebtedness, if any, and interest thereon, of a community
300redevelopment agency incurred as a result of redevelopment in a
301community redevelopment area have been paid.
302     (b)  Notwithstanding the provisions of subsections (1) and
303(2), an alternative method of determining the amount and time or
304times of payment of, and rate of interest upon, tax increments
305contributed to the trust fund, including formulae and limits
306different than those specified in subsection (1), may be enacted
307by interlocal agreement between any of the other taxing
308authorities required to contribute a tax increment to the trust
309fund and the governing body that created the community
310redevelopment agency.
311     Section 7.  Section 163.410, Florida Statutes, is amended
312to read:
313     163.410  Exercise of powers in counties with home rule
314charters.--In any county which has adopted a home rule charter,
315the powers conferred by this part shall be exercised exclusively
316by the governing body of such county. However, the governing
317body of any such county which has adopted a home rule charter
318may, in its discretion, by resolution delegate the exercise of
319the powers conferred upon the county by this part within the
320boundaries of a municipality to the governing body of such a
321municipality. Such a delegation to a municipality shall confer
322only such powers upon a municipality as shall be specifically
323enumerated in the delegating resolution. Any power not
324specifically delegated shall be reserved exclusively to the
325governing body of the county. This section does not affect any
326community redevelopment agency created by a municipality prior
327to the adoption of a county home rule charter. Unless otherwise
328provided by an existing ordinance, resolution, or interlocal
329agreement between any such county and a municipality, the
330governing body of the county that has adopted a home rule
331charter shall approve or deny act on any request from a
332municipality for a delegation of powers or a change in an
333existing delegation of powers within 120 days after the receipt
334of all required documentation or such request shall be deemed
335approved. Any request by the county for additional documentation
336or other information shall be made in writing to the
337municipality. The county shall notify the municipality in
338writing within 30 days after receiving all the required
339documentation and other requested information. If the meeting of
340the county commission at which the request for a delegation of
341powers or a change in an existing delegation of powers is unable
342to be held due to events beyond the control of the county, the
343request may be acted upon at the next regularly scheduled
344meeting of the county commission without regard to the 120-day
345limitation immediately sent to the governing body for
346consideration.
347     Section 8.  This act shall take effect July 1, 2006.


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