HB 1583CS

CHAMBER ACTION



1The State Infrastructure 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 certain definitions; defining the
8term "taxing authority"; amending ss. 163.356 and 163.357,
9F.S.; authorizing representatives of a taxing authority or
10members of a taxing authority's governing body to be
11members of the board of commissioners of a community
12redevelopment agency; 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.
20163.370, F.S.; revising provisions relating to powers of
21counties, municipalities, and community redevelopment
22agencies; revising provisions relating to projects
23ineligible for increment revenues; amending s. 163.387,
24F.S.; revising provisions relating to redevelopment trust
25funds; providing limitations on the amount of tax
26increment contributions by a taxing authority for certain
27governing bodies; authorizing a community redevelopment
28agency to waive certain increment payment penalties;
29authorizing alternate provisions in certain interlocal
30agreements to supersede certain provisions of law;
31amending s. 163.410, F.S.; providing additional
32requirements for requests for information relating to
33requests for delegation of certain powers in counties with
34home rule charters; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsections (2) and (10) of section 163.340,
39Florida Statutes, are amended, and subsection (24) is added to
40that section, to read:
41     163.340  Definitions.--The following terms, wherever used
42or referred to in this part, have the following meanings:
43     (2)  "Public body" or "taxing authority" means the state or
44any county, municipality, authority, special district as defined
45in s. 165.031(5), or other public body of the state, except a
46school district.
47     (10)  "Community redevelopment area" means a slum area, a
48blighted area, or an area in which there is a shortage of
49housing that is affordable to residents of low or moderate
50income, including the elderly, or a coastal and tourist area
51that is deteriorating and economically distressed due to
52outdated building density patterns, inadequate transportation
53and parking facilities, faulty lot layout or inadequate street
54layout, or a combination thereof which the governing body
55designates as appropriate for community redevelopment. For
56community redevelopment agencies created after July 1, 2006, a
57community redevelopment area may not consist of more than 80
58percent of a municipality.
59     (24)  "Taxing authority" means a public body that levies or
60is authorized to levy an ad valorem tax on real property located
61in a community redevelopment area.
62     Section 2.  Subsection (2) of section 163.356, Florida
63Statutes, is amended to read:
64     163.356  Creation of community redevelopment agency.--
65     (2)  When the governing body adopts a resolution declaring
66the need for a community redevelopment agency, that body shall,
67by ordinance, appoint a board of commissioners of the community
68redevelopment agency, which shall consist of not fewer than five
69or more than nine commissioners. The terms of office of the
70commissioners shall be for 4 years, except that three of the
71members first appointed shall be designated to serve terms of 1,
722, and 3 years, respectively, from the date of their
73appointments, and all other members shall be designated to serve
74for terms of 4 years from the date of their appointments. A
75vacancy occurring during a term shall be filled for the
76unexpired term. As provided in an interlocal agreement between
77the governing body that created the agency and one or more
78taxing authorities, one or more members of the board of
79commissioners of the agency may be representatives of a taxing
80authority, including members of that taxing authority's
81governing body, whose membership on the board of commissioners
82of the agency would be considered an additional duty of office
83as a member of the taxing authority governing body.
84     Section 3.  Paragraph (d) is added to subsection (1) of
85section 163.357, Florida Statutes, to read:
86     163.357  Governing body as the community redevelopment
87agency.--
88     (1)
89     (d)  As provided in an interlocal agreement between the
90governing body that created the agency and one or more taxing
91authorities, one or more members of the board of commissioners
92of the agency may be representatives of a taxing authority,
93including members of that taxing authority's governing body,
94whose membership on the board of commissioners of the agency
95would be considered an additional duty of office as a member of
96the taxing authority governing body.
97     Section 4.  Subsection (6) of section 163.360, Florida
98Statutes, is amended to read:
99     163.360  Community redevelopment plans.--
100     (6)(a)  The governing body shall hold a public hearing on a
101community redevelopment plan after public notice thereof by
102publication in a newspaper having a general circulation in the
103area of operation of the county or municipality. The notice
104shall describe the time, date, place, and purpose of the
105hearing, identify generally the community redevelopment area
106covered by the plan, and outline the general scope of the
107community redevelopment plan under consideration.
108     (b)  For any governing body that has not authorized by June
1095, 2006, a study to consider whether a finding of necessity
110resolution pursuant to s. 163.355 should be adopted, has not
111adopted a finding of necessity resolution pursuant to s. 163.355
112by March 31, 2007, has not adopted a community redevelopment
113plan by June 7, 2007, and was not authorized to exercise
114community redevelopment powers pursuant to a delegation of
115authority under s. 163.410 by a county that has adopted a home
116rule charter, the following additional procedures are required
117prior to adoption by the governing body of a community
118redevelopment plan under subsection (7):
119     1.  Within 30 days after receipt of any community
120redevelopment plan recommended by a community redevelopment
121agency under subsection (5), the county may provide written
122notice by registered mail to the governing body of the
123municipality and to the community redevelopment agency that the
124county has competing policy goals and plans for the public funds
125the county would be required to deposit to the community
126redevelopment trust fund under the proposed community
127redevelopment plan.
128     2.  If the notice required in subparagraph 1. is timely
129provided, the governing body of the county and the governing
130body of the municipality that created the community
131redevelopment agency shall schedule and hold a joint hearing co-
132chaired by the chair of the governing body of the county and the
133mayor of the municipality, with the agenda to be set by the
134chair of the governing body of the county, at which the
135competing policy goals for the public funds shall be discussed.
136For those community redevelopment agencies for which the board
137of commissioners of the community redevelopment agency are
138comprised as specified in s. 163.356(2), a designee of the
139community redevelopment agency shall participate in the joint
140meeting as a nonvoting member. Any such hearing must be held
141within 90 days after receipt by the county of the recommended
142community redevelopment plan. Prior to the joint public hearing,
143the county may propose an alternative redevelopment plan that
144meets the requirements of this section to address the conditions
145identified in the resolution making a finding of necessity
146required by s. 163.355. If such an alternative redevelopment
147plan is proposed by the county, such plan shall be delivered to
148the governing body of the municipality that created the
149community redevelopment agency and to the executive director or
150other officer of the community redevelopment agency by
151registered mail at least 30 days prior to holding the joint
152meeting.
153     3.  If the notice required in subparagraph 1. is timely
154provided, the municipality may not proceed with the adoption of
155the plan under subsection (7) until 30 days after the joint
156hearing unless the governing body of the county has failed to
157schedule or a majority of the members of the governing body of
158the county have failed to attend the joint hearing within the
159required 90-day period.
160     4.  Notwithstanding the time requirements established in
161subparagraphs 2. and 3., the county and the municipality may at
162any time voluntarily use the dispute resolution process
163established in chapter 164 to attempt to resolve any competing
164policy goals between the county and municipality related to the
165community redevelopment agency. Nothing in this subparagraph
166grants the county or the municipality the authority to require
167the other local government to participate in the dispute
168resolution process.
169     Section 5.  Subsection (3) of section 163.361, Florida
170Statutes, is amended to read:
171     163.361  Modification of community redevelopment plans.--
172     (3)(a)  In addition to the requirements of s. 163.346, and
173prior to the adoption of any modification to a community
174redevelopment plan that expands the boundaries of the community
175redevelopment area or extends the time certain set forth in the
176redevelopment plan as required by s. 163.362(10), the agency
177shall report such proposed modification to each taxing authority
178in writing or by an oral presentation, or both, regarding such
179proposed modification.
180     (b)  For any community redevelopment agency that was not
181created pursuant to a delegation of authority under s. 163.410
182by a county that has adopted a home rule charter and that
183modifies its adopted community redevelopment plan in a manner
184that expands the boundaries of the redevelopment area after
185October 1, 2006, the following additional procedures are
186required prior to adoption by the governing body of a modified
187community redevelopment plan:
188     1.  Within 30 days after receipt of any report of a
189proposed modification that expands the boundaries of the
190redevelopment area, the county may provide notice by registered
191mail to the governing body of the municipality and the community
192redevelopment agency that the county has competing policy goals
193and plans for the public funds the county would be required to
194deposit to the community redevelopment trust fund under the
195proposed modification to the community redevelopment plan.
196     2.  If the notice required in subparagraph 1. is timely
197provided, the governing body of the county and the governing
198body of the municipality that created the community
199redevelopment agency shall schedule and hold a joint hearing co-
200chaired by the chair of the governing body of the county and the
201mayor of the municipality, with the agenda to be set by the
202chair of the governing body of the county, at which the
203competing policy goals for the public funds shall be discussed.
204For those community redevelopment agencies for which the board
205of commissioners of the community redevelopment agency are
206comprised as specified in s. 163.356(2), a designee of the
207community redevelopment agency shall participate in the joint
208meeting as a nonvoting member. Any such hearing shall be held
209within 90 days after receipt by the county of the recommended
210modification of the adopted community redevelopment plan. Prior
211to the joint public hearing, the county may propose an
212alternative modified community redevelopment plan that meets the
213requirements of s. 163.360 to address the conditions identified
214in the resolution making a finding of necessity required under
215s. 163.355. If such an alternative modified redevelopment plan
216is proposed by the county, such plan shall be delivered to the
217governing body of the municipality that created the community
218redevelopment agency and the executive director or other officer
219of the community redevelopment agency by registered mail at
220least 30 days prior to holding the joint meeting.
221     3.  If the notice required in subparagraph 1. is timely
222provided, the municipality may not proceed with the adoption of
223a modified plan until 30 days after the joint hearing unless the
224governing body of the county has failed to schedule or a
225majority of the members of the governing body of the county have
226failed to attend the joint hearing within the required 90-day
227period.
228     4.  Notwithstanding the time requirements established in
229subparagraphs 2. and 3., the county and the municipality may at
230any time voluntarily use the dispute resolution process
231established in chapter 164 to attempt to resolve any competing
232policy goals between the county and municipality related to the
233community redevelopment agency. Nothing in this subparagraph
234grants the county or the municipality the authority to require
235the other local government to participate in the dispute
236resolution process.
237     Section 6.  Paragraphs (c), (e), (h), and (n) of subsection
238(1), paragraph (b) of subsection (2), and paragraph (a) of
239subsection (3) of section 163.370, Florida Statutes, are amended
240to read:
241     163.370  Powers; counties and municipalities; community
242redevelopment agencies.--
243     (1)  Every county and municipality shall have all the
244powers necessary or convenient to carry out and effectuate the
245purposes and provisions of this part, including the following
246powers in addition to others herein granted:
247     (c)  To undertake and carry out community redevelopment and
248related activities within the community redevelopment area,
249which redevelopment may include:
250     1.  Acquisition of a slum area or a blighted area or
251portion thereof.
252     2.  Demolition and removal of buildings and improvements.
253     3.  Installation, construction, or reconstruction of
254streets, utilities, parks, playgrounds, public areas of major
255hotels that are constructed in support of convention centers,
256including meeting rooms, banquet facilities, parking garages,
257lobbies, and passageways, and other improvements necessary for
258carrying out in the community redevelopment area the community
259redevelopment objectives of this part in accordance with the
260community redevelopment plan.
261     4.  Disposition of any property acquired in the community
262redevelopment area at its fair value as provided in s. 163.380
263for uses in accordance with the community redevelopment plan.
264     5.  Carrying out plans for a program of voluntary or
265compulsory repair and rehabilitation of buildings or other
266improvements in accordance with the community redevelopment
267plan.
268     6.  Acquisition of real property in the community
269redevelopment area which, under the community redevelopment
270plan, is to be repaired or rehabilitated for dwelling use or
271related facilities, repair or rehabilitation of the structures
272for guidance purposes, and resale of the property.
273     7.  Acquisition of any other real property in the community
274redevelopment area when necessary to eliminate unhealthful,
275unsanitary, or unsafe conditions; lessen density; eliminate
276obsolete or other uses detrimental to the public welfare; or
277otherwise to remove or prevent the spread of blight or
278deterioration or to provide land for needed public facilities.
279     8.  Acquisition, without regard to any requirement that the
280area be a slum or blighted area, of air rights in an area
281consisting principally of land in highways, railway or subway
282tracks, bridge or tunnel entrances, or other similar facilities
283which have a blighting influence on the surrounding area and
284over which air rights sites are to be developed for the
285elimination of such blighting influences and for the provision
286of housing (and related facilities and uses) designed
287specifically for, and limited to, families and individuals of
288low or moderate income.
289     9.  Construction of foundations and platforms necessary for
290the provision of air rights sites of housing (and related
291facilities and uses) designed specifically for, and limited to,
292families and individuals of low or moderate income.
293     (e)  Within the community redevelopment area:
294     1.  To enter into any building or property in any community
295redevelopment area in order to make inspections, surveys,
296appraisals, soundings, or test borings and to obtain an order
297for this purpose from a court of competent jurisdiction in the
298event entry is denied or resisted.
299     2.  To acquire by purchase, lease, option, gift, grant,
300bequest, devise, eminent domain, or otherwise any personal or
301real property (or personal property for its administrative
302purposes), together with any improvements thereon; except that a
303community redevelopment agency may not exercise any power of
304eminent domain unless the exercise has been specifically
305approved by the governing body of the county or municipality
306which established the agency.
307     3.  To hold, improve, clear, or prepare for redevelopment
308any such property.
309     4.  To mortgage, pledge, hypothecate, or otherwise encumber
310or dispose of any real property.
311     5.  To insure or provide for the insurance of any real or
312personal property or operations of the county or municipality
313against any risks or hazards, including the power to pay
314premiums on any such insurance.
315     6.  To enter into any contracts necessary to effectuate the
316purposes of this part.
317     7.  To solicit requests for proposals for redevelopment of
318parcels of real property contemplated by a community
319redevelopment plan to be acquired for redevelopment purposes by
320a community redevelopment agency and, as a result of such
321requests for proposals, to advertise for the disposition of such
322real property to private persons pursuant to s. 163.380 prior to
323acquisition of such real property by the community redevelopment
324agency.
325     (h)  Within its area of operation, To make or have made all
326surveys and plans necessary to the carrying out of the purposes
327of this part; to contract with any person, public or private, in
328making and carrying out such plans; and to adopt or approve,
329modify, and amend such plans, which plans may include, but are
330not limited to:
331     1.  Plans for carrying out a program of voluntary or
332compulsory repair and rehabilitation of buildings and
333improvements.
334     2.  Plans for the enforcement of state and local laws,
335codes, and regulations relating to the use of land and the use
336and occupancy of buildings and improvements and to the
337compulsory repair, rehabilitation, demolition, or removal of
338buildings and improvements.
339     3.  Appraisals, title searches, surveys, studies, and other
340plans and work necessary to prepare for the undertaking of
341community redevelopment and related activities.
342     (n)  Within its area of operation, To organize, coordinate,
343and direct the administration of the provisions of this part, as
344they may apply to such county or municipality, in order that the
345objective of remedying slum and blighted areas and preventing
346the causes thereof within such county or municipality may be
347most effectively promoted and achieved and to establish such new
348office or offices of the county or municipality or to reorganize
349existing offices in order to carry out such purpose most
350effectively.
351     (2)  The following projects may not be paid for or financed
352by increment revenues:
353     (b)  Installation, construction, reconstruction, repair, or
354alteration of any publicly owned capital improvements or
355projects which are not an integral part of or necessary for
356carrying out the community redevelopment plan if such projects
357or improvements are normally financed by the governing body with
358user fees or if such projects or improvements were scheduled to
359would be installed, constructed, reconstructed, repaired, or
360altered within 3 years of the approval of the community
361redevelopment plan by the governing body pursuant to a
362previously approved public capital improvement or project
363schedule or plan of the governing body which approved the
364community redevelopment plan unless and until such projects or
365improvements have been removed from such schedule or plan of the
366governing body and 3 years have elapsed since such removal or
367such projects or improvements were identified in such schedule
368or plan to be funded, in whole or in part, with funds on deposit
369within the community redevelopment trust fund.
370     (3)  With the approval of the governing body, a community
371redevelopment agency may:
372     (a)  Prior to approval of a community redevelopment plan or
373approval of any modifications of the plan, acquire real property
374in a community redevelopment area, demolish and remove any
375structures on the property, and pay all costs related to the
376acquisition, demolition, or removal, including any
377administrative or relocation expenses, provided such acquisition
378is not pursuant to s. 163.375.
379     Section 7.  Subsection (1), paragraphs (a), (b), and (c) of
380subsection (2), and subsections (3) through (8) of section
381163.387, Florida Statutes, are amended to read:
382     163.387  Redevelopment trust fund.--
383     (1)(a)  After approval of a community redevelopment plan,
384there may shall be established for each community redevelopment
385agency created under s. 163.356 a redevelopment trust fund.
386Funds allocated to and deposited into this fund shall be used by
387the agency to finance or refinance any community redevelopment
388it undertakes pursuant to the approved community redevelopment
389plan. No community redevelopment agency may receive or spend any
390increment revenues pursuant to this section unless and until the
391governing body has, by ordinance, created the trust fund and
392provided for the funding of the redevelopment trust fund until
393the time certain set forth in the for the duration of a
394community redevelopment plan as required by s. 163.362(10). Such
395ordinance may be adopted only after the governing body has
396approved a community redevelopment plan. The annual funding of
397the redevelopment trust fund shall be in an amount not less than
398that increment in the income, proceeds, revenues, and funds of
399each taxing authority derived from or held in connection with
400the undertaking and carrying out of community redevelopment
401under this part. Such increment shall be determined annually and
402shall be that amount equal to 95 percent of the difference
403between:
404     1.(a)  The amount of ad valorem taxes levied each year by
405each taxing authority, exclusive of any amount from any debt
406service millage, on taxable real property contained within the
407geographic boundaries of a community redevelopment area; and
408     2.(b)  The amount of ad valorem taxes which would have been
409produced by the rate upon which the tax is levied each year by
410or for each taxing authority, exclusive of any debt service
411millage, upon the total of the assessed value of the taxable
412real property in the community redevelopment area as shown upon
413the most recent assessment roll used in connection with the
414taxation of such property by each taxing authority prior to the
415effective date of the ordinance providing for the funding of the
416trust fund.
417
418However, the governing body of any county as defined in s.
419125.011(1) may, in the ordinance providing for the funding of a
420trust fund established with respect to any community
421redevelopment area created on or after July 1, 1994, determine
422that the amount to be funded by each taxing authority annually
423shall be less than 95 percent of the difference between
424subparagraphs 1. and 2. paragraphs (a) and (b), but in no event
425shall such amount be less than 50 percent of such difference.
426     (b)1.  For any governing body that has not authorized by
427June 5, 2006, a study to consider whether a finding of necessity
428resolution pursuant to s. 163.355 should be adopted, has not
429adopted a finding of necessity resolution pursuant to s. 163.355
430by March 31, 2007, has not adopted a community redevelopment
431plan by June 7, 2007, and was not authorized to exercise
432community redevelopment powers pursuant to a delegation of
433authority under s. 163.410 by a county that has adopted a home
434rule charter, the amount of tax increment to be contributed by
435any taxing authority shall be limited as follows:
436     a.  If a taxing authority imposes a millage rate that
437exceeds the millage rate imposed by the governing body that
438created the trust fund, the amount of tax increment to be
439contributed by the taxing authority imposing the higher millage
440rate shall be calculated using the millage rate imposed by the
441governing body that created the trust fund. Nothing shall
442prohibit any taxing authority from voluntarily contributing a
443tax increment at a higher rate for a period of time as specified
444by interlocal agreement between the taxing authority and the
445community redevelopment agency.
446     b.  At any time more than 24 years after the fiscal year in
447which a taxing authority made its first contribution to a
448redevelopment trust fund, by resolution effective no sooner than
449the next fiscal year and adopted by majority vote of the taxing
450authority's governing body at a public hearing held not less
451than 30 or more than 45 days after written notice by registered
452mail to the community redevelopment agency and published in a
453newspaper of general circulation in the redevelopment area, the
454taxing authority may limit the amount of increment contributed
455by the taxing authority to the redevelopment trust fund to the
456amount of increment the taxing authority was obligated to
457contribute to the redevelopment trust fund in the fiscal year
458immediately preceding the adoption of such resolution, plus any
459increase in the increment after the adoption of the resolution
460computed using the taxable values of any area which is subject
461to an area reinvestment agreement. As used in this subparagraph,
462the term "area reinvestment agreement" means an agreement
463between the community redevelopment agency and a private party,
464with or without additional parties, which provides that the
465increment computed for a specific area shall be reinvested in
466services or public or private projects, or both, including debt
467service, supporting one or more projects consistent with the
468community redevelopment plan that is identified in the agreement
469to be constructed within that area. Any such reinvestment
470agreement must specify the estimated total amount of public
471investment necessary to provide the projects or services, or
472both, including any applicable debt service. The contribution to
473the redevelopment trust fund of the increase in the increment of
474any area that is subject to an area reinvestment agreement
475following the passage of a resolution as provided in this sub-
476subparagraph shall cease when the amount specified in the area
477reinvestment agreement as necessary to provide the projects or
478services, or both, including any applicable debt service, have
479been invested.
480     2.  For any community redevelopment agency that was not
481created pursuant to a delegation of authority under s. 163.410
482by a county that has adopted a home rule charter and that
483modifies its adopted community redevelopment plan after October
4841, 2006, in a manner that expands the boundaries of the
485redevelopment area, the amount of increment to be contributed by
486any taxing authority with respect to the expanded area shall be
487limited as set forth in sub-subparagraphs 1.a. and b.
488     (2)(a)  Except for the purpose of funding the trust fund
489pursuant to subsection (3), upon the adoption of an ordinance
490providing for funding of the redevelopment trust fund as
491provided in this section, each taxing authority shall, by
492January 1 of each year, appropriate to the trust fund for so
493long as any indebtedness pledging increment revenues to the
494payment thereof is outstanding (but not to exceed 30 years) a
495sum that is no less than the increment as defined and determined
496in subsection (1) or paragraph (3)(b) accruing to such taxing
497authority. If the community redevelopment plan is amended or
498modified pursuant to s. 163.361(1), each such taxing authority
499shall make the annual appropriation for a period not to exceed
50030 years after the date the governing body amends the plan but
501no later than 60 years after the fiscal year in which the plan
502was initially approved or adopted. However, for any agency
503created on or after July 1, 2002, each taxing authority shall
504make the annual appropriation for a period not to exceed 40
505years after the fiscal year in which the initial community
506redevelopment plan is approved or adopted.
507     (b)  Any taxing authority that does not pay the increment
508revenues to the trust fund by January 1 shall pay to the trust
509fund an amount equal to 5 percent of the amount of the increment
510revenues and shall pay interest on the amount of the unpaid
511increment revenues equal to 1 percent for each month the
512increment is outstanding, provided the agency may waive such
513penalty payments in whole or in part.
514     (c)  The following public bodies or taxing authorities are
515exempt from paragraph (a):
516     1.  A special district that levies ad valorem taxes on
517taxable real property in more than one county.
518     2.  A special district for which the sole available source
519of revenue the district has the authority to levy is ad valorem
520taxes at the time an ordinance is adopted under this section.
521However, revenues or aid that may be dispensed or appropriated
522to a district as defined in s. 388.011 at the discretion of an
523entity other than such district shall not be deemed available.
524     3.  A library district, except a library district in a
525jurisdiction where the community redevelopment agency had
526validated bonds as of April 30, 1984.
527     4.  A neighborhood improvement district created under the
528Safe Neighborhoods Act.
529     5.  A metropolitan transportation authority.
530     6.  A water management district created under s. 373.069.
531     (3)(a)  Notwithstanding the provisions of subsection (2),
532the obligation of the governing body which established the
533community redevelopment agency to fund the redevelopment trust
534fund annually shall continue until all loans, advances, and
535indebtedness, if any, and interest thereon, of a community
536redevelopment agency incurred as a result of redevelopment in a
537community redevelopment area have been paid.
538     (b)  Alternate provisions contained in an interlocal
539agreement between a taxing authority and the governing body that
540created the community redevelopment agency may supersede the
541provisions of this section with respect to that taxing
542authority. The community redevelopment agency may be an
543additional party to any such agreement.
544     (4)  The revenue bonds and notes of every issue under this
545part are payable solely out of revenues pledged to and received
546by a community redevelopment agency and deposited to its
547redevelopment trust fund. The lien created by such bonds or
548notes shall not attach until the increment revenues referred to
549herein are deposited in the redevelopment trust fund at the
550times, and to the extent that, such increment revenues accrue.
551The holders of such bonds or notes have no right to require the
552imposition of any tax or the establishment of any rate of
553taxation in order to obtain the amounts necessary to pay and
554retire such bonds or notes.
555     (5)  Revenue bonds issued under the provisions of this part
556shall not be deemed to constitute a debt, liability, or
557obligation of the public local governing body or the state or
558any political subdivision thereof, or a pledge of the faith and
559credit of the public local governing body or the state or any
560political subdivision thereof, but shall be payable solely from
561the revenues provided therefor. All such revenue bonds shall
562contain on the face thereof a statement to the effect that the
563agency shall not be obligated to pay the same or the interest
564thereon except from the revenues of the community redevelopment
565agency held for that purpose and that neither the faith and
566credit nor the taxing power of the local governing body or of
567the state or of any political subdivision thereof is pledged to
568the payment of the principal of, or the interest on, such bonds.     
569     (6)  Moneys in the redevelopment trust fund may be expended
570from time to time for undertakings of a community redevelopment
571agency as described in the which are directly related to
572financing or refinancing of redevelopment in a community
573redevelopment area pursuant to an approved community
574redevelopment plan for the following purposes, including, but
575not limited to:
576     (a)  Administrative and overhead expenses necessary or
577incidental to the implementation of a community redevelopment
578plan adopted by the agency.
579     (b)  Expenses of redevelopment planning, surveys, and
580financial analysis, including the reimbursement of the governing
581body or the community redevelopment agency for such expenses
582incurred before the redevelopment plan was approved and adopted.
583     (c)  The acquisition of real property in the redevelopment
584area.
585     (d)  The clearance and preparation of any redevelopment
586area for redevelopment and relocation of site occupants within
587or outside the community redevelopment area as provided in s.
588163.370.
589     (e)  The repayment of principal and interest or any
590redemption premium for loans, advances, bonds, bond anticipation
591notes, and any other form of indebtedness.
592     (f)  All expenses incidental to or connected with the
593issuance, sale, redemption, retirement, or purchase of agency
594bonds, bond anticipation notes, or other form of indebtedness,
595including funding of any reserve, redemption, or other fund or
596account provided for in the ordinance or resolution authorizing
597such bonds, notes, or other form of indebtedness.
598     (g)  The development of affordable housing within the
599community redevelopment area.
600     (h)  The development of community policing innovations.
601     (7)  On the last day of the fiscal year of the community
602redevelopment agency, any money which remains in the trust fund
603after the payment of expenses pursuant to subsection (6) for
604such year shall be:
605     (a)  Returned to each taxing authority which paid the
606increment in the proportion that the amount of the payment of
607such taxing authority bears to the total amount paid into the
608trust fund by all taxing authorities within the redevelopment
609area for that year;
610     (b)  Used to reduce the amount of any indebtedness to which
611increment revenues are pledged;
612     (c)  Deposited into an escrow account for the purpose of
613later reducing any indebtedness to which increment revenues are
614pledged; or
615     (d)  Appropriated to a specific redevelopment project
616pursuant to an approved community redevelopment plan which
617project will be completed within 3 years from the date of such
618appropriation.
619     (8)  Each community redevelopment agency shall provide for
620an independent financial audit of the trust fund each fiscal
621year and a report of such audit to be prepared by an independent
622certified public accountant or firm. Such report shall describe
623the amount and source of deposits into, and the amount and
624purpose of withdrawals from, the trust fund during such fiscal
625year and the amount of principal and interest paid during such
626year on any indebtedness to which is pledged increment revenues
627are pledged and the remaining amount of such indebtedness. The
628agency shall provide by registered mail a copy of the report to
629each taxing authority.
630     Section 8.  Section 163.410, Florida Statutes, is amended
631to read:
632     163.410  Exercise of powers in counties with home rule
633charters.--In any county which has adopted a home rule charter,
634the powers conferred by this part shall be exercised exclusively
635by the governing body of such county. However, the governing
636body of any such county which has adopted a home rule charter
637may, in its discretion, by resolution delegate the exercise of
638the powers conferred upon the county by this part within the
639boundaries of a municipality to the governing body of such a
640municipality. Such a delegation to a municipality shall confer
641only such powers upon a municipality as shall be specifically
642enumerated in the delegating resolution. Any power not
643specifically delegated shall be reserved exclusively to the
644governing body of the county. This section does not affect any
645community redevelopment agency created by a municipality prior
646to the adoption of a county home rule charter. Unless otherwise
647provided by an existing ordinance, resolution, or interlocal
648agreement between any such county and a municipality, the
649governing body of the county that has adopted a home rule
650charter shall grant in whole or in part or deny act on any
651request from a municipality for a delegation of powers or a
652change in an existing delegation of powers within 120 days after
653the receipt of all required documentation or such request shall
654be deemed granted unless this period is extended by mutual
655consent in writing by the municipality and county. Within 30
656days after receipt of the request, the county shall notify the
657municipality by registered mail whether the request is complete
658or if additional information is required. Any request by the
659county for additional documentation shall specify the
660deficiencies in the submitted documentation, if any. The county
661shall notify the municipality by registered mail within 30 days
662after receiving the additional information whether such
663additional documentation is complete. If the meeting of the
664county commission at which the request for a delegation of
665powers or a change in an existing delegation of powers is unable
666to be held due to events beyond the control of the county, the
667request shall be acted upon at the next regularly scheduled
668meeting of the county commission without regard to the 120-day
669limitation. If the county does not act upon the request at the
670next regularly scheduled meeting, the request shall be deemed
671granted immediately sent to the governing body for
672consideration.
673     Section 9.  This act shall take effect July 1, 2006.


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