HB 1583CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to community redevelopment; amending s.
7163.340, F.S.; revising a definition; defining the term
8"taxing authority"; amending s. 163.346, F.S.; revising
9criteria for a notice to taxing authorities; creating s.
10163.354, F.S.; authorizing a local governing body to adopt
11a resolution establishing a slum and blight study area
12under certain circumstances; amending s. 163.360, F.S.;
13specifying additional procedures required for adoption of
14community redevelopment plans by the governing body of
15certain counties for certain community redevelopment
16agencies; amending s. 163.361, F.S.; specifying additional
17procedures required for adoption of a modified community
18redevelopment plan by a governing body of certain counties
19for certain community redevelopment agencies; amending s.
20163.387, F.S.; revising provisions relating to
21redevelopment trust funds; providing limitations on the
22amount of tax increment contributions by a taxing
23authority; providing for alternative methods for
24determining tax increment requirements by interlocal
25agreement; amending s. 163.410, F.S.; providing additional
26requirements for requests for information relating to
27requests for delegation of certain powers; providing an
28effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subsection (2) of section 163.340, Florida
33Statutes, is amended, and subsection (24) is added to that
34section, to read:
35     163.340  Definitions.--The following terms, wherever used
36or referred to in this part, have the following meanings:
37     (2)  "Public body" or "taxing authority" means the state or
38any county, municipality, authority, special district as defined
39in s. 165.031(5), or other public body of the state, except a
40school district.
41     (24)  "Taxing authority" means any public body other than a
42school district that levies ad valorem millage against the
43property within a community redevelopment area.
44     Section 2.  Section 163.346, Florida Statutes, is amended
45to read:
46     163.346  Notice to taxing authorities.--Before the
47governing body adopts any resolution or enacts any ordinance
48required under s. 163.354, s. 163.355, s. 163.356, s. 163.357,
49or s. 163.387; establishes a study area; creates a community
50redevelopment agency; approves, adopts, or amends a community
51redevelopment plan; or issues redevelopment revenue bonds under
52s. 163.385, the governing body must provide public notice of
53such proposed action pursuant to s. 125.66(2) or s.
54166.041(3)(a) and, at least 15 days before such proposed action,
55mail by registered mail a notice to each taxing authority which
56levies ad valorem taxes on taxable real property contained
57within the geographic boundaries of the redevelopment area.
58     Section 3.  Section 163.354, Florida Statutes, is created
59to read:
60     163.354  Development of study area.--Prior to adopting a
61resolution making a finding of necessity required by s. 163.355,
62the governing body may adopt a resolution establishing a slum
63and blight study area.
64     Section 4.  Subsections (2) and (6) of section 163.360,
65Florida Statutes, are amended to read:
66     163.360  Community redevelopment plans.--
67     (2)(a)  The community redevelopment plan shall:
68     1.(a)  Conform to the comprehensive plan for the county or
69municipality as prepared by the local planning agency under the
70Local Government Comprehensive Planning and Land Development
71Regulation Act.
72     2.(b)  Be sufficiently complete to indicate such land
73acquisition, demolition and removal of structures,
74redevelopment, improvements, and rehabilitation as may be
75proposed to be carried out in the community redevelopment area;
76zoning and planning changes, if any; land uses; maximum
77densities; and building requirements.
78     3.(c)  Provide for the development of affordable housing in
79the area, or state the reasons for not addressing in the plan
80the development of affordable housing in the area. The county,
81municipality, or community redevelopment agency shall coordinate
82with each housing authority or other affordable housing entities
83functioning within the geographic boundaries of the
84redevelopment area, concerning the development of affordable
85housing in the area.
86     (b)  The agency may contract with qualified nonprofit
87organizations, faith-based organizations, or other entities to
88develop and provide affordable and workforce housing in the
89redevelopment area and use tax increment dollars to offer
90incentives for such development, including, but not limited to,
91low interest or no interest loans through qualified lenders or
92the agency itself; revolving loans; fa?ade improvement loans or
93grants; matching, seed, or leverage dollars for loans or grants;
94developer subsidies; and any other incentives determined to be
95needed by the agency. For purposes of this paragraph, the term
96"affordable housing" means housing that meets the definition of
97affordable under s. 420.0004(3) and the term "workforce housing"
98means housing for which the monthly rents or monthly mortgage
99payments, including taxes, insurance, and utilities, do not
100exceed 30 percent of that amount which represents the percentage
101of the median adjusted gross annual income for the households
102whose income is 150 percent of the median income of the area.
103     (6)(a)  The governing body shall hold a public hearing on a
104community redevelopment plan after public notice thereof by
105publication in a newspaper having a general circulation in the
106area of operation of the county or municipality. The notice
107shall describe the time, date, place, and purpose of the
108hearing, identify generally the community redevelopment area
109covered by the plan, and outline the general scope of the
110community redevelopment plan under consideration.
111     (b)  For any community redevelopment agency created after
112October 1, 2006, that was not created pursuant to a delegation
113of authority under s. 163.410 by a county that has adopted a
114home rule charter, the following additional procedures are
115required prior to adoption by the governing body of a community
116redevelopment plan under subsection (7):
117     1.  Within 30 days after receipt of any community
118redevelopment plan recommended by a community redevelopment
119agency under subsection (5), the county may provide written
120notice to the governing body of the municipality that the county
121has competing policy goals and plans for the public funds the
122county would be required to contribute to the tax increment
123under the proposed community redevelopment plan.
124     2.  If the notice required in subparagraph 1. is timely
125provided, the board of county commissioners and the governing
126body of the municipality that created the community
127redevelopment agency shall schedule and hold a joint hearing
128chaired by the county commission chair at which the competing
129policy goals for the public funds shall be discussed. Any such
130hearing must be held within 90 days after receipt by the county
131of the recommended community redevelopment plan. Prior to the
132joint public hearing, the county may propose an alternative
133redevelopment plan to address the conditions identified in the
134resolution making a finding of necessity required by s. 163.355.
135If such an alternative modified redevelopment plan is proposed
136by the county, such plan shall be delivered to the governing
137body of the municipality that created the community
138redevelopment agency at least 20 days prior to holding the joint
139meeting.
140     3.  If the notice required in subparagraph 1. is timely
141provided, the municipality may not proceed with the adoption of
142the plan under subsection (7) until 30 days after the joint
143hearing unless the board of county commissioners has failed to
144schedule and attend the joint hearing within the required 90-day
145period.
146     4.  Notwithstanding the time requirements established in
147subparagraphs 2. and 3., the county and the municipality may at
148any time voluntarily use the dispute resolution process
149established in chapter 164 to attempt to resolve any competing
150policy goals between the county and municipality related to the
151community redevelopment agency. Nothing in this subparagraph
152grants the county or the municipality the authority to require
153the other local government to participate in the dispute
154resolution process.
155     Section 5.  Subsection (3) of section 163.361, Florida
156Statutes, is amended to read:
157     163.361  Modification of community redevelopment plans.--
158     (3)(a)  In addition to the requirements of s. 163.346, and
159prior to the adoption of any modification to a community
160redevelopment plan that expands the boundaries of the community
161redevelopment area or extends the time certain set forth in the
162redevelopment plan as required by s. 163.362(10), the agency
163shall report such proposed modification to each taxing authority
164in writing or by an oral presentation, or both, regarding such
165proposed modification.
166     (b)  For any community redevelopment agency that was not
167created pursuant to a delegation of authority under s. 163.410
168by a county that has adopted a home rule charter and that
169modifies its adopted community redevelopment plan in a manner
170that expands the boundaries of the redevelopment area, the
171following additional procedures are required prior to adoption
172by the governing body of a modified community redevelopment
173plan:
174     1.  Within 30 days after receipt of any report of a
175proposed modification that expands the boundaries of the
176redevelopment area, the county may provide notice to the
177governing body of the municipality that the county has competing
178policy goals and plans for the public funds the county would be
179required to contribute to the tax increment under the proposed
180modification to the community redevelopment plan.
181     2.  If the notice required in subparagraph 1. is timely
182provided, the board of county commissioners and the governing
183body of the municipality that created the community
184redevelopment agency shall schedule and hold a joint hearing
185chaired by the county commission chair at which the competing
186policy goals for the public funds shall be discussed. Any such
187hearing shall be held within 90 days after receipt by the county
188of the recommended modification of the adopted community
189redevelopment plan. Prior to the joint public hearing, the
190county may propose an alternative modified community
191redevelopment plan to address the conditions identified in the
192resolution making a finding of necessity required under s.
193163.355. If such an alternative modified redevelopment plan is
194proposed by the county, such plan shall be delivered to the
195governing body of the municipality that created the community
196redevelopment agency at least 20 days prior to holding the joint
197meeting.
198     3.  If the notice required in subparagraph 1. is timely
199provided, the municipality may not proceed with the adoption of
200the plan under s. 163.360(7) until 30 days after the joint
201hearing unless the board of county commissioners has failed to
202schedule and attend the joint hearing within the required 90-day
203period.
204     4.  Notwithstanding the time requirements established in
205subparagraphs 2. and 3., the county and the municipality may at
206any time voluntarily use the dispute resolution process
207established in chapter 164 to attempt to resolve any competing
208policy goals between the county and municipality related to the
209expansion of the boundaries of the community redevelopment
210agency. Nothing in this subparagraph grants the county or the
211municipality the authority to require the other local government
212to participate in the dispute resolution process.
213     Section 6.  Subsection (1), paragraph (a) of subsection
214(2), and subsection (3) of section 163.387, Florida Statutes,
215are amended to read:
216     163.387  Redevelopment trust fund.--
217     (1)(a)  After approval of a community redevelopment plan,
218there shall be established for each community redevelopment
219agency created under s. 163.356 a redevelopment trust fund.
220Funds allocated to and deposited into this fund shall be used by
221the agency to finance or refinance any community redevelopment
222it undertakes pursuant to the approved community redevelopment
223plan. No community redevelopment agency may receive or spend any
224increment revenues pursuant to this section unless and until the
225governing body has, by ordinance, provided for the funding of
226the redevelopment trust fund for the duration of a community
227redevelopment plan. Such ordinance may be adopted only after the
228governing body has approved a community redevelopment plan. The
229annual funding of the redevelopment trust fund shall be in an
230amount not less than that increment in the income, proceeds,
231revenues, and funds of each taxing authority derived from or
232held in connection with the undertaking and carrying out of
233community redevelopment under this part. Such increment shall be
234determined annually and shall be that amount equal to 95 percent
235of the difference between:
236     1.(a)  The amount of ad valorem taxes levied each year by
237each taxing authority, exclusive of any amount from any debt
238service millage, on taxable real property contained within the
239geographic boundaries of a community redevelopment area as
240indicated by the preliminary assessment roll; and
241     2.(b)  The amount of ad valorem taxes which would have been
242produced by the rate upon which the tax is levied each year by
243or for each taxing authority, exclusive of any debt service
244millage, upon the total of the assessed value of the taxable
245real property in the community redevelopment area as shown upon
246the most recent assessment roll used in connection with the
247taxation of such property by each taxing authority prior to the
248effective date of the ordinance providing for the funding of the
249trust fund.
250
251However, the governing body of any county as defined in s.
252125.011(1) may, in the ordinance providing for the funding of a
253trust fund established with respect to any community
254redevelopment area created on or after July 1, 1994, determine
255that the amount to be funded by each taxing authority annually
256shall be less than 95 percent of the difference between
257subparagraphs 1. and 2. paragraphs (a) and (b), but in no event
258shall such amount be less than 50 percent of such difference.
259     (b)1.  For any community redevelopment agency created after
260October 1, 2006, that was not created pursuant to a delegation
261of authority under s. 163.410 by a county that has adopted a
262home rule charter, the amount of tax increment to be contributed
263by any taxing authority shall be limited as follows:
264     a.  If a taxing authority imposes a millage rate that
265exceeds the millage rate imposed by the governing body that
266created the trust fund, the amount of tax increment to be
267contributed by the taxing authority imposing the higher millage
268rate shall be calculated using the millage rate imposed by the
269governing body that created the trust fund. Nothing shall
270prohibit any taxing authority from voluntarily contributing a
271tax increment at a higher rate for a period of time as specified
272by interlocal agreement between the taxing authority and the
273community redevelopment agency.
274     b.  At any time more than 19 years after the fiscal year in
275which a taxing authority made its first contribution to a
276redevelopment trust fund, by resolution effective no sooner than
277the next fiscal year and adopted by majority vote of the taxing
278authority's governing body at a public hearing held not less
279than 30 or more than 45 days after written notice delivered to
280the community redevelopment agency and published in a newspaper
281of general circulation in the redevelopment area, the taxing
282authority may limit the amount of increment contributed by the
283taxing authority to the redevelopment trust fund to the average
284annual amount the taxing authority was obligated to contribute
285to the redevelopment trust fund in the 3 fiscal years
286immediately preceding the adoption of such resolution, plus any
287increase in the increment after the adoption of the resolution
288computed using the taxable values of any area which is subject
289to an area reinvestment agreement. As used in this subparagraph,
290the term "area reinvestment agreement" means an agreement
291between the community redevelopment agency and a private party,
292with or without additional parties, which provides that the
293increment computed for a specific area shall be reinvested in
294public infrastructure or services, or both, including debt
295service, supporting one or more projects consistent with the
296community redevelopment plan that is identified in the agreement
297to be constructed within that area. Any such reinvestment
298agreement must specify the estimated total amount of public
299investment necessary to provide the public infrastructure or
300services, or both, including any applicable debt service. The
301contribution to the redevelopment trust fund of the increase in
302the increment of any area that is subject to an area
303reinvestment agreement following the passage of a resolution as
304provided in this sub-subparagraph shall cease when the amount
305specified in the area reinvestment agreement as necessary to
306provide the public infrastructure or services, or both,
307including any applicable debt service, have been invested.
308     2.  For any community redevelopment agency that was not
309created pursuant to a delegation of authority under s. 163.410
310by a county that has adopted a home rule charter and that
311modifies its adopted community redevelopment plan after October
3121, 2006, in a manner that expands the boundaries of the
313redevelopment area, the amount of increment to be contributed by
314any taxing authority with respect to the expanded area shall be
315limited as set forth in sub-subparagraphs 1.a. and b.
316     (2)(a)  Except for the purpose of funding the trust fund
317pursuant to subsection (3), upon the adoption of an ordinance
318providing for funding of the redevelopment trust fund as
319provided in this section, each taxing authority shall, by
320January 1 of each year, appropriate to the trust fund for so
321long as any indebtedness pledging increment revenues to the
322payment thereof is outstanding (but not to exceed 30 years) a
323sum that is no less than the increment as defined and determined
324in subsection (1) or paragraph (3)(b) accruing to such taxing
325authority. If the community redevelopment plan is amended or
326modified pursuant to s. 163.361(1), each such taxing authority
327shall make the annual appropriation for a period not to exceed
32830 years after the date the governing body amends the plan.
329However, for any agency created on or after July 1, 2002, each
330taxing authority shall make the annual appropriation for a
331period not to exceed 40 years after the fiscal year in which the
332initial community redevelopment plan is approved or adopted.
333     (3)(a)  Notwithstanding the provisions of subsection (2),
334the obligation of the governing body which established the
335community redevelopment agency to fund the redevelopment trust
336fund annually shall continue until all loans, advances, and
337indebtedness, if any, and interest thereon, of a community
338redevelopment agency incurred as a result of redevelopment in a
339community redevelopment area have been paid.
340     (b)  Notwithstanding the provisions of subsections (1) and
341(2), an alternative method of determining the amount and time or
342times of payment of, and rate of interest upon, tax increments
343contributed to the redevelopment trust fund, including formulae
344and limits different than those specified in subsection (1), may
345be enacted by interlocal agreement between any of the other
346taxing authorities required to contribute a tax increment to the
347redevelopment trust fund and the governing body that created the
348community redevelopment agency.
349     Section 7.  Section 163.410, Florida Statutes, is amended
350to read:
351     163.410  Exercise of powers in counties with home rule
352charters.--In any county which has adopted a home rule charter,
353the powers conferred by this part shall be exercised exclusively
354by the governing body of such county. However, the governing
355body of any such county which has adopted a home rule charter
356may, in its discretion, by resolution delegate the exercise of
357the powers conferred upon the county by this part within the
358boundaries of a municipality to the governing body of such a
359municipality. Such a delegation to a municipality shall confer
360only such powers upon a municipality as shall be specifically
361enumerated in the delegating resolution. Any power not
362specifically delegated shall be reserved exclusively to the
363governing body of the county. This section does not affect any
364community redevelopment agency created by a municipality prior
365to the adoption of a county home rule charter. Unless otherwise
366provided by an existing ordinance, resolution, or interlocal
367agreement between any such county and a municipality, the
368governing body of the county that has adopted a home rule
369charter shall approve or deny act on any request from a
370municipality for a delegation of powers or a change in an
371existing delegation of powers within 120 days after the receipt
372of all required documentation or such request shall be deemed
373approved. Any request by the county for additional documentation
374or other information shall be made in writing to the
375municipality. The county shall notify the municipality in
376writing within 30 days after receiving all the required
377documentation and other requested information that such
378information is complete. If the meeting of the county commission
379at which the request for a delegation of powers or a change in
380an existing delegation of powers is unable to be held due to
381events beyond the control of the county, the request shall be
382acted upon at the next regularly scheduled meeting of the county
383commission without regard to the 120-day limitation. If the
384county does not act upon the request at the next regularly
385scheduled meeting, the request shall be deemed approved
386immediately sent to the governing body for consideration.
387     Section 8.  This act shall take effect October 1, 2006.


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