HB 1583CS

CHAMBER ACTION



1The Growth Management Committee 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 certain definitions; defining the
8term "taxing authority"; amending s. 163.346, F.S.;
9revising criteria for a notice to taxing authorities;
10creating s. 163.354, F.S.; authorizing a local governing
11body to adopt a resolution establishing a slum and blight
12study area under certain circumstances; amending s.
13163.360, F.S.; specifying additional procedures required
14for adoption of community redevelopment plans by the
15governing body of certain counties for certain community
16redevelopment agencies; amending s. 163.361, F.S.;
17specifying additional procedures required for adoption of
18a modified community redevelopment plan by a governing
19body of certain counties for certain community
20redevelopment agencies; amending s. 163.370, F.S.;
21revising provisions relating to powers of counties,
22municipalities, and community redevelopment agencies;
23revising provisions relating to projects ineligible for
24increment revenues; amending s. 163.387, F.S.; revising
25provisions relating to redevelopment trust funds;
26providing limitations on the amount of tax increment
27contributions by a taxing authority for certain community
28redevelopment agencies; authorizing a community
29redevelopment agency to waive certain increment payment
30penalties; authorizing alternate provisions in certain
31interlocal agreements to supersede certain provisions of
32law; amending s. 163.410, F.S.; providing additional
33requirements for requests for information relating to
34requests for delegation of certain powers; providing an
35effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Subsections (2) and (10) of section 163.340,
40Florida Statutes, are amended, and subsection (24) is added to
41that section, to read:
42     163.340  Definitions.--The following terms, wherever used
43or referred to in this part, have the following meanings:
44     (2)  "Public body" or "taxing authority" means the state or
45any county, municipality, authority, special district as defined
46in s. 165.031(5), or other public body of the state, except a
47school district.
48     (10)  "Community redevelopment area" means a slum area, a
49blighted area, or an area in which there is a shortage of
50housing that is affordable to residents of low or moderate
51income, including the elderly, or a coastal and tourist area
52that is deteriorating and economically distressed due to
53outdated building density patterns, inadequate transportation
54and parking facilities, faulty lot layout or inadequate street
55layout, or a combination thereof which the governing body
56designates as appropriate for community redevelopment. For
57community redevelopment agencies created after July 1, 2006, a
58community redevelopment area may not consist of more than 80
59percent of the municipality without approval by the county.
60     (24)  "Taxing authority" means a public body that levies an
61ad valorem tax on real property located in a community
62redevelopment area. The term excludes a public body exempted
63pursuant to s. 163.387(2) from the obligation to appropriate
64increment revenues to a redevelopment trust fund.
65     Section 2.  Section 163.346, Florida Statutes, is amended
66to read:
67     163.346  Notice to taxing authorities.--Before the
68governing body adopts any resolution or enacts any ordinance
69required under s. 163.354, s. 163.355, s. 163.356, s. 163.357,
70or s. 163.387; establishes a study area; creates a community
71redevelopment agency; approves, adopts, or amends a community
72redevelopment plan; or issues redevelopment revenue bonds under
73s. 163.385, the governing body must provide public notice of
74such proposed action pursuant to s. 125.66(2) or s.
75166.041(3)(a) and, at least 15 days before such proposed action,
76mail by registered mail a notice to each taxing authority which
77levies ad valorem taxes on taxable real property contained
78within the geographic boundaries of the redevelopment area.
79     Section 3.  Section 163.354, Florida Statutes, is created
80to read:
81     163.354  Development of study area.--Prior to adopting a
82resolution making a finding of necessity required by s. 163.355,
83the governing body may adopt a resolution establishing a slum
84and blight study area.
85     Section 4.  Paragraph (d) is added to subsection (2) of
86section 163.360, Florida Statutes, and subsection (6) of that
87section is amended, to read:
88     163.360  Community redevelopment plans.--
89     (2)  The community redevelopment plan shall:
90     (d)  The agency may contract with qualified nonprofit
91organizations, faith-based organizations, or other entities to
92develop and provide affordable and workforce housing in the
93redevelopment area and use tax increment dollars to offer
94incentives for such development, including, but not limited to,
95low interest or no interest loans through qualified lenders or
96the agency itself; revolving loans; fa?ade improvement loans or
97grants; matching, seed, or leverage dollars for loans or grants;
98developer subsidies; and any other incentives determined to be
99needed by the agency. For purposes of this paragraph, the term
100"affordable housing" means housing that meets the definition of
101affordable under s. 420.0004(3) and the term "workforce housing"
102means housing for which the monthly rents or monthly mortgage
103payments, including taxes, insurance, and utilities, do not
104exceed 30 percent of that amount which represents the percentage
105of the median adjusted gross annual income for the households
106whose income is 150 percent of the median income of the area.
107     (6)(a)  The governing body shall hold a public hearing on a
108community redevelopment plan after public notice thereof by
109publication in a newspaper having a general circulation in the
110area of operation of the county or municipality. The notice
111shall describe the time, date, place, and purpose of the
112hearing, identify generally the community redevelopment area
113covered by the plan, and outline the general scope of the
114community redevelopment plan under consideration.
115     (b)  For any community redevelopment agency that had not
116authorized a finding of necessity study by June 5, 2006, had not
117created a community redevelopment agency by December 31, 2006,
118had not adopted a community redevelopment plan by March 7, 2007,
119and was not created pursuant to a delegation of authority under
120s. 163.410 by a county that has adopted a home rule charter, the
121following additional procedures are required prior to adoption
122by the governing body of a community redevelopment plan under
123subsection (7):
124     1.  Within 30 days after receipt of any community
125redevelopment plan recommended by a community redevelopment
126agency under subsection (5), the county may provide written
127notice by registered mail to the governing body of the
128municipality that the county has competing policy goals and
129plans for the public funds the county would be required to
130contribute to the tax increment under the proposed community
131redevelopment plan.
132     2.  If the notice required in subparagraph 1. is timely
133provided, the board of county commissioners and the governing
134body of the municipality that created the community
135redevelopment agency shall schedule and hold a joint hearing co-
136chaired by the county commission chair and the mayor of the
137municipality, with the agenda to be set by the county commission
138chair, at which the competing policy goals for the public funds
139shall be discussed. Any such hearing must be held within 90 days
140after receipt by the county of the recommended community
141redevelopment plan. Prior to the joint public hearing, the
142county may propose an alternative redevelopment plan to address
143the conditions identified in the resolution making a finding of
144necessity required by s. 163.355. If such an alternative
145modified redevelopment plan is proposed by the county, such plan
146shall be delivered to the governing body of the municipality
147that created the community redevelopment agency at least 30 days
148prior to holding the joint meeting.
149     3.  If the notice required in subparagraph 1. is timely
150provided, the municipality may not proceed with the adoption of
151the plan under subsection (7) until 30 days after the joint
152hearing unless the board of county commissioners has failed to
153schedule and attend the joint hearing within the required 90-day
154period.
155     4.  Notwithstanding the time requirements established in
156subparagraphs 2. and 3., the county and the municipality may at
157any time voluntarily use the dispute resolution process
158established in chapter 164 to attempt to resolve any competing
159policy goals between the county and municipality related to the
160community redevelopment agency. Nothing in this subparagraph
161grants the county or the municipality the authority to require
162the other local government to participate in the dispute
163resolution process.
164     Section 5.  Subsection (3) of section 163.361, Florida
165Statutes, is amended to read:
166     163.361  Modification of community redevelopment plans.--
167     (3)(a)  In addition to the requirements of s. 163.346, and
168prior to the adoption of any modification to a community
169redevelopment plan that expands the boundaries of the community
170redevelopment area or extends the time certain set forth in the
171redevelopment plan as required by s. 163.362(10), the agency
172shall report such proposed modification to each taxing authority
173in writing or by an oral presentation, or both, regarding such
174proposed modification.
175     (b)  For any community redevelopment agency that was not
176created pursuant to a delegation of authority under s. 163.410
177by a county that has adopted a home rule charter and that
178modifies its adopted community redevelopment plan in a manner
179that expands the boundaries of the redevelopment area after
180October 1, 2006, the following additional procedures are
181required prior to adoption by the governing body of a modified
182community redevelopment plan:
183     1.  Within 30 days after receipt of any report of a
184proposed modification that expands the boundaries of the
185redevelopment area, the county may provide notice by registered
186mail to the governing body of the municipality that the county
187has competing policy goals and plans for the public funds the
188county would be required to contribute to the tax increment
189under the proposed modification to the community redevelopment
190plan.
191     2.  If the notice required in subparagraph 1. is timely
192provided, the board of county commissioners and the governing
193body of the municipality that created the community
194redevelopment agency shall schedule and hold a joint hearing co-
195chaired by the county commission chair and the mayor of the
196municipality, with the agenda to be set by the county commission
197chair, at which the competing policy goals for the public funds
198shall be discussed. Any such hearing shall be held within 90
199days after receipt by the county of the recommended modification
200of the adopted community redevelopment plan. Prior to the joint
201public hearing, the county may propose an alternative modified
202community redevelopment plan to address the conditions
203identified in the resolution making a finding of necessity
204required under s. 163.355. If such an alternative modified
205redevelopment plan is proposed by the county, such plan shall be
206delivered to the governing body of the municipality that created
207the community redevelopment agency at least 30 days prior to
208holding the joint meeting.
209     3.  If the notice required in subparagraph 1. is timely
210provided, the municipality may not proceed with the adoption of
211the plan under s. 163.360(7) until 30 days after the joint
212hearing unless the board of county commissioners has failed to
213schedule and attend the joint hearing within the required 90-day
214period.
215     4.  Notwithstanding the time requirements established in
216subparagraphs 2. and 3., the county and the municipality may at
217any time voluntarily use the dispute resolution process
218established in chapter 164 to attempt to resolve any competing
219policy goals between the county and municipality related to the
220community redevelopment agency. Nothing in this subparagraph
221grants the county or the municipality the authority to require
222the other local government to participate in the dispute
223resolution process.
224     Section 6.  Paragraphs (c), (e), (h), and (n) of subsection
225(1), paragraphs (b) and (c) of subsection (2), and paragraph (a)
226of subsection (3) of section 163.370, Florida Statutes, are
227amended to read:
228     163.370  Powers; counties and municipalities; community
229redevelopment agencies.--
230     (1)  Every county and municipality shall have all the
231powers necessary or convenient to carry out and effectuate the
232purposes and provisions of this part, including the following
233powers in addition to others herein granted:
234     (c)  To undertake and carry out community redevelopment and
235related activities within the community redevelopment area,
236which redevelopment may include:
237     1.  Acquisition of a slum area or a blighted area or
238portion thereof.
239     2.  Demolition and removal of buildings and improvements.
240     3.  Installation, construction, or reconstruction of
241streets, utilities, parks, playgrounds, public areas of major
242hotels that are constructed in support of convention centers,
243including meeting rooms, banquet facilities, parking garages,
244lobbies, and passageways, and other improvements necessary for
245carrying out in the community redevelopment area the community
246redevelopment objectives of this part in accordance with the
247community redevelopment plan.
248     4.  Disposition of any property acquired in the community
249redevelopment area at its fair value for uses in accordance with
250the community redevelopment plan as provided in s. 163.380.
251     5.  Carrying out plans for a program of voluntary or
252compulsory repair and rehabilitation of buildings or other
253improvements in accordance with the community redevelopment
254plan.
255     6.  Acquisition of real property in the community
256redevelopment area which, under the community redevelopment
257plan, is to be repaired or rehabilitated for dwelling use or
258related facilities, repair or rehabilitation of the structures
259for guidance purposes, and resale of the property.
260     7.  Acquisition of any other real property in the community
261redevelopment area when necessary to eliminate unhealthful,
262unsanitary, or unsafe conditions; lessen density; eliminate
263obsolete or other uses detrimental to the public welfare; or
264otherwise to remove or prevent the spread of blight or
265deterioration or to provide land for needed public facilities.
266     8.  Acquisition, without regard to any requirement that the
267area be a slum or blighted area, of air rights in an area
268consisting principally of land in highways, railway or subway
269tracks, bridge or tunnel entrances, or other similar facilities
270which have a blighting influence on the surrounding area and
271over which air rights sites are to be developed for the
272elimination of such blighting influences and for the provision
273of housing (and related facilities and uses) designed
274specifically for, and limited to, families and individuals of
275low or moderate income.
276     9.  Construction of foundations and platforms necessary for
277the provision of air rights sites of housing (and related
278facilities and uses) designed specifically for, and limited to,
279families and individuals of low or moderate income.
280     (e)  Within the community redevelopment area:
281     1.  To enter into any building or property in any community
282redevelopment area in order to make inspections, surveys,
283appraisals, soundings, or test borings and to obtain an order
284for this purpose from a court of competent jurisdiction in the
285event entry is denied or resisted.
286     2.  To acquire by purchase, lease, option, gift, grant,
287bequest, devise, eminent domain, or otherwise any personal or
288real property (or personal property for its administrative
289purposes), together with any improvements thereon; except that a
290community redevelopment agency may not exercise any power of
291eminent domain unless the exercise has been specifically
292approved by the governing body of the county or municipality
293which established the agency.
294     3.  To hold, improve, clear, or prepare for redevelopment
295any such property.
296     4.  To mortgage, pledge, hypothecate, or otherwise encumber
297or dispose of any real property.
298     5.  To insure or provide for the insurance of any real or
299personal property or operations of the county or municipality
300against any risks or hazards, including the power to pay
301premiums on any such insurance.
302     6.  To enter into any contracts necessary to effectuate the
303purposes of this part.
304     7.  To solicit requests for proposals for redevelopment of
305parcels of real property contemplated by a community
306redevelopment plan to be acquired for redevelopment purposes by
307a community redevelopment agency and, as a result of such
308requests for proposals, to advertise for the disposition of such
309real property to private persons pursuant to s. 163.380 prior to
310acquisition of such real property by the community redevelopment
311agency.
312     (h)  Within its area of operation, To make or have made all
313surveys and plans necessary to the carrying out of the purposes
314of this part; to contract with any person, public or private, in
315making and carrying out such plans; and to adopt or approve,
316modify, and amend such plans, which plans may include, but are
317not limited to:
318     1.  Plans for carrying out a program of voluntary or
319compulsory repair and rehabilitation of buildings and
320improvements.
321     2.  Plans for the enforcement of state and local laws,
322codes, and regulations relating to the use of land and the use
323and occupancy of buildings and improvements and to the
324compulsory repair, rehabilitation, demolition, or removal of
325buildings and improvements.
326     3.  Appraisals, title searches, surveys, studies, and other
327plans and work necessary to prepare for the undertaking of
328community redevelopment and related activities.
329     (n)  Within its area of operation, To organize, coordinate,
330and direct the administration of the provisions of this part, as
331they may apply to such county or municipality, in order that the
332objective of remedying slum and blighted areas and preventing
333the causes thereof within such county or municipality may be
334most effectively promoted and achieved and to establish such new
335office or offices of the county or municipality or to reorganize
336existing offices in order to carry out such purpose most
337effectively.
338     (2)  The following projects may not be paid for or financed
339by increment revenues:
340     (b)  Installation, construction, reconstruction, repair, or
341alteration of any publicly owned capital improvements or
342projects which are not an integral part of or necessary for
343carrying out the community redevelopment plan if such projects
344or improvements are normally financed by the governing body with
345user fees or if such projects or improvements were scheduled to
346would be installed, constructed, reconstructed, repaired, or
347altered within 3 years of the approval of the community
348redevelopment plan by the governing body pursuant to a
349previously approved public capital improvement or project
350schedule or plan of the governing body which approved the
351community redevelopment plan unless and until such projects or
352improvements have been removed from such schedule or plan of the
353governing body and 3 years have elapsed since such removal.
354     (c)  General government operating expenses, including
355payments or reimbursements for services provided to the agency
356by any public body, unrelated to the planning and carrying out
357of a community redevelopment plan.
358     (3)  With the approval of the governing body, a community
359redevelopment agency may:
360     (a)  Prior to approval of a community redevelopment plan or
361approval of any modifications of the plan, acquire real property
362in a community redevelopment area, demolish and remove any
363structures on the property, and pay all costs related to the
364acquisition, demolition, or removal, including any
365administrative or relocation expenses, provided such acquisition
366is not pursuant to s. 163.375.
367     Section 7.  Subsection (1), paragraphs (a), (b), and (c) of
368subsection (2), and subsections (3) through (8) of section
369163.387, Florida Statutes, are amended to read:
370     163.387  Redevelopment trust fund.--
371     (1)(a)  After approval of a community redevelopment plan,
372there may shall be established for each community redevelopment
373agency created under s. 163.356 a redevelopment trust fund.
374Funds allocated to and deposited into this fund shall be used by
375the agency to finance or refinance any community redevelopment
376it undertakes pursuant to the approved community redevelopment
377plan. No community redevelopment agency may receive or spend any
378increment revenues pursuant to this section unless and until the
379governing body has, by ordinance, created the trust fund and
380provided for the funding of the redevelopment trust fund until
381the time certain set forth in the for the duration of a
382community redevelopment plan as required by s. 163.362(10). Such
383ordinance may be adopted only after the governing body has
384approved a community redevelopment plan. The annual funding of
385the redevelopment trust fund shall be in an amount not less than
386that increment in the income, proceeds, revenues, and funds of
387each taxing authority derived from or held in connection with
388the undertaking and carrying out of community redevelopment
389under this part. Absent an interlocal agreement between the
390taxing authorities contributing to the trust fund created
391pursuant to this section, such increment shall be determined
392annually and shall be that amount equal to 95 percent of the
393difference between:
394     1.(a)  The amount of ad valorem taxes levied each year by
395each taxing authority, exclusive of any amount from any debt
396service millage, on taxable real property contained within the
397geographic boundaries of a community redevelopment area; and
398     2.(b)  The amount of ad valorem taxes which would have been
399produced by the rate upon which the tax is levied each year by
400or for each taxing authority, exclusive of any debt service
401millage, upon the total of the assessed value of the taxable
402real property in the community redevelopment area as shown upon
403the most recent assessment roll used in connection with the
404taxation of such property by each taxing authority prior to the
405effective date of the ordinance providing for the funding of the
406trust fund.
407
408However, the governing body of any county as defined in s.
409125.011(1) may, in the ordinance providing for the funding of a
410trust fund established with respect to any community
411redevelopment area created on or after July 1, 1994, determine
412that the amount to be funded by each taxing authority annually
413shall be less than 95 percent of the difference between
414subparagraphs 1. and 2. paragraphs (a) and (b), but in no event
415shall such amount be less than 50 percent of such difference.
416     (b)1.  For any community redevelopment agency that had not
417authorized a finding of necessity study by June 5, 2006, had not
418created a community redevelopment agency by December 31, 2006,
419had not adopted a community redevelopment plan by March 7, 2007,
420and was not created pursuant to a delegation of authority under
421s. 163.410 by a county that has adopted a home rule charter, the
422amount of tax increment to be contributed by any taxing
423authority shall be limited as follows:
424     a.  If a taxing authority imposes a millage rate that
425exceeds the millage rate imposed by the governing body that
426created the trust fund, the amount of tax increment to be
427contributed by the taxing authority imposing the higher millage
428rate shall be calculated using the millage rate imposed by the
429governing body that created the trust fund. Nothing shall
430prohibit any taxing authority from voluntarily contributing a
431tax increment at a higher rate for a period of time as specified
432by interlocal agreement between the taxing authority and the
433community redevelopment agency.
434     b.  At any time more than 24 years after the fiscal year in
435which a taxing authority made its first contribution to a
436redevelopment trust fund, by resolution effective no sooner than
437the next fiscal year and adopted by majority vote of the taxing
438authority's governing body at a public hearing held not less
439than 30 or more than 45 days after written notice by registered
440mail to the community redevelopment agency and published in a
441newspaper of general circulation in the redevelopment area, the
442taxing authority may limit the amount of increment contributed
443by the taxing authority to the redevelopment trust fund to the
444amount of increment the taxing authority was obligated to
445contribute to the redevelopment trust fund in the fiscal year
446immediately preceding the adoption of such resolution, plus any
447increase in the increment after the adoption of the resolution
448computed using the taxable values of any area which is subject
449to an area reinvestment agreement. As used in this subparagraph,
450the term "area reinvestment agreement" means an agreement
451between the community redevelopment agency and a private party,
452with or without additional parties, which provides that the
453increment computed for a specific area shall be reinvested in
454public infrastructure or services, or both, including debt
455service, supporting one or more projects consistent with the
456community redevelopment plan that is identified in the agreement
457to be constructed within that area. Any such reinvestment
458agreement must specify the estimated total amount of public
459investment necessary to provide the public infrastructure or
460services, or both, including any applicable debt service. The
461increase in the increment of any area that is subject to an area
462reinvestment agreement following the passage of a resolution as
463provided in this sub-subparagraph is limited to the amount
464specified in the area reinvestment agreement as necessary to
465provide the public infrastructure or services, or both,
466including any applicable debt service, that is the subject of
467the agreement. The contribution to the redevelopment trust fund
468of the increase in the increment of any area that is subject to
469an area reinvestment agreement following the passage of a
470resolution as provided in this sub-subparagraph shall cease when
471the amount specified in the area reinvestment agreement as
472necessary to provide the public infrastructure or services, or
473both, including any applicable debt service, have been invested.
474     2.  For any community redevelopment agency that was not
475created pursuant to a delegation of authority under s. 163.410
476by a county that has adopted a home rule charter and that
477modifies its adopted community redevelopment plan after October
4781, 2006, in a manner that expands the boundaries of the
479redevelopment area, the amount of increment to be contributed by
480any taxing authority with respect to the expanded area shall be
481limited as set forth in sub-subparagraphs 1.a. and b.
482     (2)(a)  Except for the purpose of funding the trust fund
483pursuant to subsection (3), upon the adoption of an ordinance
484providing for funding of the redevelopment trust fund as
485provided in this section, each taxing authority shall, by
486January 1 of each year, appropriate to the trust fund for so
487long as any indebtedness pledging increment revenues to the
488payment thereof is outstanding (but not to exceed 30 years) a
489sum that is no less than the increment as defined and determined
490in subsection (1) or paragraph (3)(b) accruing to such taxing
491authority. If the community redevelopment plan is amended or
492modified pursuant to s. 163.361(1), each such taxing authority
493shall make the annual appropriation for a period not to exceed
49430 years after the date the governing body amends the plan.
495However, for any agency created on or after July 1, 2002, each
496taxing authority shall make the annual appropriation for a
497period not to exceed 40 years after the fiscal year in which the
498initial community redevelopment plan is approved or adopted.
499     (b)  Any taxing authority that does not pay the increment
500revenues to the trust fund by January 1 shall pay to the trust
501fund an amount equal to 5 percent of the amount of the increment
502revenues and shall pay interest on the amount of the unpaid
503increment revenues equal to 1 percent for each month the
504increment is outstanding, provided the agency may waive such
505penalty payments in whole or in part.
506     (c)  The following public bodies or taxing authorities are
507exempt from paragraph (a):
508     1.  A special district that levies ad valorem taxes on
509taxable real property in more than one county.
510     2.  A special district for which the sole available source
511of revenue the district has the authority to levy is ad valorem
512taxes at the time an ordinance is adopted under this section.
513However, revenues or aid that may be dispensed or appropriated
514to a district as defined in s. 388.011 at the discretion of an
515entity other than such district shall not be deemed available.
516     3.  A library district, except a library district in a
517jurisdiction where the community redevelopment agency had
518validated bonds as of April 30, 1984.
519     4.  A neighborhood improvement district created under the
520Safe Neighborhoods Act.
521     5.  A metropolitan transportation authority.
522     6.  A water management district created under s. 373.069.
523     (3)(a)  Notwithstanding the provisions of subsection (2),
524the obligation of the governing body which established the
525community redevelopment agency to fund the redevelopment trust
526fund annually shall continue until all loans, advances, and
527indebtedness, if any, and interest thereon, of a community
528redevelopment agency incurred as a result of redevelopment in a
529community redevelopment area have been paid.
530     (b)  Alternate provisions contained in an interlocal
531agreement between any of the other taxing authorities and the
532governing body that created the community redevelopment agency
533may supersede the provisions of this part. The community
534redevelopment agency may be an additional party to any such
535agreement.
536     (4)  The revenue bonds and notes of every issue under this
537part are payable solely out of revenues pledged to and received
538by a community redevelopment agency and deposited to its
539redevelopment trust fund. The lien created by such bonds or
540notes shall not attach until the increment revenues referred to
541herein are deposited in the redevelopment trust fund at the
542times, and to the extent that, such increment revenues accrue.
543The holders of such bonds or notes have no right to require the
544imposition of any tax or the establishment of any rate of
545taxation in order to obtain the amounts necessary to pay and
546retire such bonds or notes.
547     (5)  Revenue bonds issued under the provisions of this part
548shall not be deemed to constitute a debt, liability, or
549obligation of the local governing body or the state or any
550political subdivision thereof, or a pledge of the faith and
551credit of the local governing body or the state or any political
552subdivision thereof, but shall be payable solely from the
553revenues provided therefor. All such revenue bonds shall contain
554on the face thereof a statement to the effect that the agency
555shall not be obligated to pay the same or the interest thereon
556except from the revenues of the community redevelopment agency
557held for that purpose and that neither the faith and credit nor
558the taxing power of the local governing body or of the state or
559of any political subdivision thereof is pledged to the payment
560of the principal of, or the interest on, such bonds.     
561     (6)  Moneys in the redevelopment trust fund may be expended
562from time to time for undertakings of a community redevelopment
563agency as described in the which are directly related to
564financing or refinancing of redevelopment in a community
565redevelopment area pursuant to an approved community
566redevelopment plan for the following purposes, including, but
567not limited to:
568     (a)  Administrative and overhead expenses, including
569services provided by another public body, necessary or
570incidental to the implementation of a community redevelopment
571plan adopted by the agency.
572     (b)  Expenses of redevelopment planning, surveys, and
573financial analysis, including the reimbursement of the governing
574body or the community redevelopment agency for such expenses
575incurred before the redevelopment plan was approved and adopted.
576     (c)  The acquisition of real property in the redevelopment
577area.
578     (d)  The clearance and preparation of any redevelopment
579area for redevelopment and relocation of site occupants within
580or outside the community redevelopment area as provided in s.
581163.370.
582     (e)  The repayment of principal and interest or any
583redemption premium for loans, advances, bonds, bond anticipation
584notes, and any other form of indebtedness.
585     (f)  All expenses incidental to or connected with the
586issuance, sale, redemption, retirement, or purchase of agency
587bonds, bond anticipation notes, or other form of indebtedness,
588including funding of any reserve, redemption, or other fund or
589account provided for in the ordinance or resolution authorizing
590such bonds, notes, or other form of indebtedness.
591     (g)  The development of affordable housing within the
592community redevelopment area.
593     (h)  The development of community policing innovations.
594     (7)  On the last day of the fiscal year of the community
595redevelopment agency, any money which remains in the trust fund
596after the payment of expenses pursuant to subsection (6) for
597such year shall be:
598     (a)  Returned to each taxing authority which paid the
599increment in the proportion that the amount of the payment of
600such taxing authority bears to the total amount paid into the
601trust fund by all taxing authorities within the redevelopment
602area for that year;
603     (b)  Used to reduce the amount of any indebtedness to which
604increment revenues are pledged;
605     (c)  Deposited into an escrow account for the purpose of
606later reducing any indebtedness to which increment revenues are
607pledged; or
608     (d)  Appropriated to a specific redevelopment project
609pursuant to an approved community redevelopment plan which shall
610be expended project will be completed within 3 years from the
611date of such appropriation.
612     (8)  Each community redevelopment agency shall provide for
613an independent financial audit of the trust fund each fiscal
614year and a report of such audit to be prepared by an independent
615certified public accountant or firm. Such report shall describe
616the amount and source of deposits into, and the amount and
617purpose of withdrawals from, the trust fund during such fiscal
618year and the amount of principal and interest paid during such
619year on any indebtedness to which is pledged increment revenues
620are pledged and the remaining amount of such indebtedness. The
621agency shall provide by registered mail a copy of the report to
622each taxing authority.
623     Section 8.  Section 163.410, Florida Statutes, is amended
624to read:
625     163.410  Exercise of powers in counties with home rule
626charters.--In any county which has adopted a home rule charter,
627the powers conferred by this part shall be exercised exclusively
628by the governing body of such county. However, the governing
629body of any such county which has adopted a home rule charter
630may, in its discretion, by resolution delegate the exercise of
631the powers conferred upon the county by this part within the
632boundaries of a municipality to the governing body of such a
633municipality. Such a delegation to a municipality shall confer
634only such powers upon a municipality as shall be specifically
635enumerated in the delegating resolution. Any power not
636specifically delegated shall be reserved exclusively to the
637governing body of the county. This section does not affect any
638community redevelopment agency created by a municipality prior
639to the adoption of a county home rule charter. Unless otherwise
640provided by an existing ordinance, resolution, or interlocal
641agreement between any such county and a municipality, the
642governing body of the county that has adopted a home rule
643charter shall grant in whole or in part act on any request from
644a municipality for a delegation of powers or a change in an
645existing delegation of powers within 120 days after the receipt
646of all required documentation or such request shall be deemed
647granted. Within 30 days after receipt of the request, the county
648shall notify the municipality by registered mail whether the
649request is complete or if additional information is required.
650The county shall notify the municipality by registered mail
651within 30 days after receiving the additional information
652whether such additional documentation is complete. Any request
653by the county for additional documentation shall specify the
654deficiencies in the submitted documentation, if any. The county
655shall notify the municipality by registered mail within 30 days
656after receiving the additional documentation whether such
657information is complete. If the meeting of the county commission
658at which the request for a delegation of powers or a change in
659an existing delegation of powers is unable to be held due to
660events beyond the control of the county, the request shall be
661acted upon at the next regularly scheduled meeting of the county
662commission without regard to the 120-day limitation. If the
663county does not act upon the request at the next regularly
664scheduled meeting, the request shall be deemed granted
665immediately sent to the governing body for consideration.
666     Section 9.  This act shall take effect July 1, 2006.


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