HB 1583

1
A bill to be entitled
2An act relating to community redevelopment; amending s.
3163.340, F.S.; revising certain definitions; defining the
4term "taxing authority"; amending ss. 163.356 and 163.357,
5F.S.; authorizing representatives of a taxing authority or
6members of a taxing authority's governing body to be
7members of the board of commissioners of a community
8redevelopment agency; amending s. 163.360, F.S.;
9specifying additional procedures required for adoption of
10community redevelopment plans by the governing body of
11certain counties for certain community redevelopment
12agencies; amending s. 163.361, F.S.; specifying additional
13procedures required for adoption of a modified community
14redevelopment plan by a governing body of certain counties
15for certain community redevelopment agencies; amending s.
16163.370, F.S.; revising provisions relating to powers of
17counties, municipalities, and community redevelopment
18agencies; revising provisions relating to projects
19ineligible for increment revenues; amending s. 163.387,
20F.S.; revising provisions relating to redevelopment trust
21funds; providing limitations on the amount of tax
22increment contributions by a taxing authority for certain
23governing bodies; authorizing a community redevelopment
24agency to waive certain increment payment penalties;
25authorizing alternate provisions in certain interlocal
26agreements to supersede certain provisions of law;
27amending s. 163.410, F.S.; providing additional
28requirements for requests for information relating to
29requests for delegation of certain powers in counties with
30home rule charters; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Subsections (2) and (10) of section 163.340,
35Florida Statutes, are amended, and subsection (24) is added to
36that section, to read:
37     163.340  Definitions.--The following terms, wherever used
38or referred to in this part, have the following meanings:
39     (2)  "Public body" or "taxing authority" means the state or
40any county, municipality, authority, special district as defined
41in s. 165.031(5), or other public body of the state, except a
42school district.
43     (10)  "Community redevelopment area" means a slum area, a
44blighted area, or an area in which there is a shortage of
45housing that is affordable to residents of low or moderate
46income, including the elderly, or a coastal and tourist area
47that is deteriorating and economically distressed due to
48outdated building density patterns, inadequate transportation
49and parking facilities, faulty lot layout or inadequate street
50layout, or a combination thereof which the governing body
51designates as appropriate for community redevelopment. For
52community redevelopment agencies created after July 1, 2006, a
53community redevelopment area may not consist of more than 80
54percent of a municipality.
55     (24)  "Taxing authority" means a public body that levies or
56is authorized to levy an ad valorem tax on real property located
57in a community redevelopment area.
58     Section 2.  Subsection (2) of section 163.356, Florida
59Statutes, is amended to read:
60     163.356  Creation of community redevelopment agency.--
61     (2)  When the governing body adopts a resolution declaring
62the need for a community redevelopment agency, that body shall,
63by ordinance, appoint a board of commissioners of the community
64redevelopment agency, which shall consist of not fewer than five
65or more than nine commissioners. The terms of office of the
66commissioners shall be for 4 years, except that three of the
67members first appointed shall be designated to serve terms of 1,
682, and 3 years, respectively, from the date of their
69appointments, and all other members shall be designated to serve
70for terms of 4 years from the date of their appointments. A
71vacancy occurring during a term shall be filled for the
72unexpired term. As provided in an interlocal agreement between
73the governing body that created the agency and one or more
74taxing authorities, one or more members of the board of
75commissioners of the agency may be representatives of a taxing
76authority, including members of that taxing authority's
77governing body, whose membership on the board of commissioners
78of the agency would be considered an additional duty of office
79as a member of the taxing authority governing body.
80     Section 3.  Paragraph (d) is added to subsection (1) of
81section 163.357, Florida Statutes, to read:
82     163.357  Governing body as the community redevelopment
83agency.--
84     (1)
85     (d)  As provided in an interlocal agreement between the
86governing body that created the agency and one or more taxing
87authorities, one or more members of the board of commissioners
88of the agency may be representatives of a taxing authority,
89including members of that taxing authority's governing body,
90whose membership on the board of commissioners of the agency
91would be considered an additional duty of office as a member of
92the taxing authority governing body.
93     Section 4.  Subsection (6) of section 163.360, Florida
94Statutes, is amended to read:
95     163.360  Community redevelopment plans.--
96     (6)(a)  The governing body shall hold a public hearing on a
97community redevelopment plan after public notice thereof by
98publication in a newspaper having a general circulation in the
99area of operation of the county or municipality. The notice
100shall describe the time, date, place, and purpose of the
101hearing, identify generally the community redevelopment area
102covered by the plan, and outline the general scope of the
103community redevelopment plan under consideration.
104     (b)  For any governing body that has not authorized by June
1055, 2006, a study to consider whether a finding of necessity
106resolution pursuant to s. 163.355 should be adopted, has not
107adopted a finding of necessity resolution pursuant to s. 163.355
108by March 31, 2007, has not adopted a community redevelopment
109plan by June 7, 2007, and was not authorized to exercise
110community redevelopment powers pursuant to a delegation of
111authority under s. 163.410 by a county that has adopted a home
112rule charter, the following additional procedures are required
113prior to adoption by the governing body of a community
114redevelopment plan under subsection (7):
115     1.  Within 30 days after receipt of any community
116redevelopment plan recommended by a community redevelopment
117agency under subsection (5), the county may provide written
118notice by registered mail to the governing body of the
119municipality and to the community redevelopment agency that the
120county has competing policy goals and plans for the public funds
121the county would be required to deposit to the community
122redevelopment trust fund under the proposed community
123redevelopment plan.
124     2.  If the notice required in subparagraph 1. is timely
125provided, the governing body of the county and the governing
126body of the municipality that created the community
127redevelopment agency shall schedule and hold a joint hearing co-
128chaired by the chair of the governing body of the county and the
129mayor of the municipality, with the agenda to be set by the
130chair of the governing body of the county, at which the
131competing policy goals for the public funds shall be discussed.
132For those community redevelopment agencies for which the board
133of commissioners of the community redevelopment agency are
134comprised as specified in s. 163.356(2), a designee of the
135community redevelopment agency shall participate in the joint
136meeting as a nonvoting member. Any such hearing must be held
137within 90 days after receipt by the county of the recommended
138community redevelopment plan. Prior to the joint public hearing,
139the county may propose an alternative redevelopment plan that
140meets the requirements of this section to address the conditions
141identified in the resolution making a finding of necessity
142required by s. 163.355. If such an alternative redevelopment
143plan is proposed by the county, such plan shall be delivered to
144the governing body of the municipality that created the
145community redevelopment agency and to the executive director or
146other officer of the community redevelopment agency by
147registered mail at least 30 days prior to holding the joint
148meeting.
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 governing body of the county has failed to
153schedule or a majority of the members of the governing body of
154the county have failed to attend the joint hearing within the
155required 90-day period.
156     4.  Notwithstanding the time requirements established in
157subparagraphs 2. and 3., the county and the municipality may at
158any time voluntarily use the dispute resolution process
159established in chapter 164 to attempt to resolve any competing
160policy goals between the county and municipality related to the
161community redevelopment agency. Nothing in this subparagraph
162grants the county or the municipality the authority to require
163the other local government to participate in the dispute
164resolution process.
165     Section 5.  Subsection (3) of section 163.361, Florida
166Statutes, is amended to read:
167     163.361  Modification of community redevelopment plans.--
168     (3)(a)  In addition to the requirements of s. 163.346, and
169prior to the adoption of any modification to a community
170redevelopment plan that expands the boundaries of the community
171redevelopment area or extends the time certain set forth in the
172redevelopment plan as required by s. 163.362(10), the agency
173shall report such proposed modification to each taxing authority
174in writing or by an oral presentation, or both, regarding such
175proposed modification.
176     (b)  For any community redevelopment agency that was not
177created pursuant to a delegation of authority under s. 163.410
178by a county that has adopted a home rule charter and that
179modifies its adopted community redevelopment plan in a manner
180that expands the boundaries of the redevelopment area after
181October 1, 2006, the following additional procedures are
182required prior to adoption by the governing body of a modified
183community redevelopment plan:
184     1.  Within 30 days after receipt of any report of a
185proposed modification that expands the boundaries of the
186redevelopment area, the county may provide notice by registered
187mail to the governing body of the municipality and the community
188redevelopment agency that the county has competing policy goals
189and plans for the public funds the county would be required to
190deposit to the community redevelopment trust fund under the
191proposed modification to the community redevelopment plan.
192     2.  If the notice required in subparagraph 1. is timely
193provided, the governing body of the county and the governing
194body of the municipality that created the community
195redevelopment agency shall schedule and hold a joint hearing co-
196chaired by the chair of the governing body of the county and the
197mayor of the municipality, with the agenda to be set by the
198chair of the governing body of the county, at which the
199competing policy goals for the public funds shall be discussed.
200For those community redevelopment agencies for which the board
201of commissioners of the community redevelopment agency are
202comprised as specified in s. 163.356(2), a designee of the
203community redevelopment agency shall participate in the joint
204meeting as a nonvoting member. Any such hearing shall be held
205within 90 days after receipt by the county of the recommended
206modification of the adopted community redevelopment plan. Prior
207to the joint public hearing, the county may propose an
208alternative modified community redevelopment plan that meets the
209requirements of s. 163.360 to address the conditions identified
210in the resolution making a finding of necessity required under
211s. 163.355. If such an alternative modified redevelopment plan
212is proposed by the county, such plan shall be delivered to the
213governing body of the municipality that created the community
214redevelopment agency and the executive director or other officer
215of the community redevelopment agency by registered mail at
216least 30 days prior to holding the joint meeting.
217     3.  If the notice required in subparagraph 1. is timely
218provided, the municipality may not proceed with the adoption of
219a modified plan until 30 days after the joint hearing unless the
220governing body of the county has failed to schedule or a
221majority of the members of the governing body of the county have
222failed to attend the joint hearing within the required 90-day
223period.
224     4.  Notwithstanding the time requirements established in
225subparagraphs 2. and 3., the county and the municipality may at
226any time voluntarily use the dispute resolution process
227established in chapter 164 to attempt to resolve any competing
228policy goals between the county and municipality related to the
229community redevelopment agency. Nothing in this subparagraph
230grants the county or the municipality the authority to require
231the other local government to participate in the dispute
232resolution process.
233     Section 6.  Paragraphs (c), (e), (h), and (n) of subsection
234(1), paragraph (b) of subsection (2), and paragraph (a) of
235subsection (3) of section 163.370, Florida Statutes, are amended
236to read:
237     163.370  Powers; counties and municipalities; community
238redevelopment agencies.--
239     (1)  Every county and municipality shall have all the
240powers necessary or convenient to carry out and effectuate the
241purposes and provisions of this part, including the following
242powers in addition to others herein granted:
243     (c)  To undertake and carry out community redevelopment and
244related activities within the community redevelopment area,
245which redevelopment may include:
246     1.  Acquisition of a slum area or a blighted area or
247portion thereof.
248     2.  Demolition and removal of buildings and improvements.
249     3.  Installation, construction, or reconstruction of
250streets, utilities, parks, playgrounds, public areas of major
251hotels that are constructed in support of convention centers,
252including meeting rooms, banquet facilities, parking garages,
253lobbies, and passageways, and other improvements necessary for
254carrying out in the community redevelopment area the community
255redevelopment objectives of this part in accordance with the
256community redevelopment plan.
257     4.  Disposition of any property acquired in the community
258redevelopment area at its fair value as provided in s. 163.380
259for uses in accordance with the community redevelopment plan.
260     5.  Carrying out plans for a program of voluntary or
261compulsory repair and rehabilitation of buildings or other
262improvements in accordance with the community redevelopment
263plan.
264     6.  Acquisition of real property in the community
265redevelopment area which, under the community redevelopment
266plan, is to be repaired or rehabilitated for dwelling use or
267related facilities, repair or rehabilitation of the structures
268for guidance purposes, and resale of the property.
269     7.  Acquisition of any other real property in the community
270redevelopment area when necessary to eliminate unhealthful,
271unsanitary, or unsafe conditions; lessen density; eliminate
272obsolete or other uses detrimental to the public welfare; or
273otherwise to remove or prevent the spread of blight or
274deterioration or to provide land for needed public facilities.
275     8.  Acquisition, without regard to any requirement that the
276area be a slum or blighted area, of air rights in an area
277consisting principally of land in highways, railway or subway
278tracks, bridge or tunnel entrances, or other similar facilities
279which have a blighting influence on the surrounding area and
280over which air rights sites are to be developed for the
281elimination of such blighting influences and for the provision
282of housing (and related facilities and uses) designed
283specifically for, and limited to, families and individuals of
284low or moderate income.
285     9.  Construction of foundations and platforms necessary for
286the provision of air rights sites of housing (and related
287facilities and uses) designed specifically for, and limited to,
288families and individuals of low or moderate income.
289     (e)  Within the community redevelopment area:
290     1.  To enter into any building or property in any community
291redevelopment area in order to make inspections, surveys,
292appraisals, soundings, or test borings and to obtain an order
293for this purpose from a court of competent jurisdiction in the
294event entry is denied or resisted.
295     2.  To acquire by purchase, lease, option, gift, grant,
296bequest, devise, eminent domain, or otherwise any personal or
297real property (or personal property for its administrative
298purposes), together with any improvements thereon; except that a
299community redevelopment agency may not exercise any power of
300eminent domain unless the exercise has been specifically
301approved by the governing body of the county or municipality
302which established the agency.
303     3.  To hold, improve, clear, or prepare for redevelopment
304any such property.
305     4.  To mortgage, pledge, hypothecate, or otherwise encumber
306or dispose of any real property.
307     5.  To insure or provide for the insurance of any real or
308personal property or operations of the county or municipality
309against any risks or hazards, including the power to pay
310premiums on any such insurance.
311     6.  To enter into any contracts necessary to effectuate the
312purposes of this part.
313     7.  To solicit requests for proposals for redevelopment of
314parcels of real property contemplated by a community
315redevelopment plan to be acquired for redevelopment purposes by
316a community redevelopment agency and, as a result of such
317requests for proposals, to advertise for the disposition of such
318real property to private persons pursuant to s. 163.380 prior to
319acquisition of such real property by the community redevelopment
320agency.
321     (h)  Within its area of operation, To make or have made all
322surveys and plans necessary to the carrying out of the purposes
323of this part; to contract with any person, public or private, in
324making and carrying out such plans; and to adopt or approve,
325modify, and amend such plans, which plans may include, but are
326not limited to:
327     1.  Plans for carrying out a program of voluntary or
328compulsory repair and rehabilitation of buildings and
329improvements.
330     2.  Plans for the enforcement of state and local laws,
331codes, and regulations relating to the use of land and the use
332and occupancy of buildings and improvements and to the
333compulsory repair, rehabilitation, demolition, or removal of
334buildings and improvements.
335     3.  Appraisals, title searches, surveys, studies, and other
336plans and work necessary to prepare for the undertaking of
337community redevelopment and related activities.
338     (n)  Within its area of operation, To organize, coordinate,
339and direct the administration of the provisions of this part, as
340they may apply to such county or municipality, in order that the
341objective of remedying slum and blighted areas and preventing
342the causes thereof within such county or municipality may be
343most effectively promoted and achieved and to establish such new
344office or offices of the county or municipality or to reorganize
345existing offices in order to carry out such purpose most
346effectively.
347     (2)  The following projects may not be paid for or financed
348by increment revenues:
349     (b)  Installation, construction, reconstruction, repair, or
350alteration of any publicly owned capital improvements or
351projects which are not an integral part of or necessary for
352carrying out the community redevelopment plan if such projects
353or improvements are normally financed by the governing body with
354user fees or if such projects or improvements were scheduled to
355would be installed, constructed, reconstructed, repaired, or
356altered within 3 years of the approval of the community
357redevelopment plan by the governing body pursuant to a
358previously approved public capital improvement or project
359schedule or plan of the governing body which approved the
360community redevelopment plan unless and until such projects or
361improvements have been removed from such schedule or plan of the
362governing body and 3 years have elapsed since such removal or
363such projects or improvements were identified in such schedule
364or plan to be funded, in whole or in part, with funds on deposit
365within the community redevelopment trust fund.
366     (3)  With the approval of the governing body, a community
367redevelopment agency may:
368     (a)  Prior to approval of a community redevelopment plan or
369approval of any modifications of the plan, acquire real property
370in a community redevelopment area, demolish and remove any
371structures on the property, and pay all costs related to the
372acquisition, demolition, or removal, including any
373administrative or relocation expenses, provided such acquisition
374is not pursuant to s. 163.375.
375     Section 7.  Subsection (1), paragraphs (a), (b), and (c) of
376subsection (2), and subsections (3) through (8) of section
377163.387, Florida Statutes, are amended to read:
378     163.387  Redevelopment trust fund.--
379     (1)(a)  After approval of a community redevelopment plan,
380there may shall be established for each community redevelopment
381agency created under s. 163.356 a redevelopment trust fund.
382Funds allocated to and deposited into this fund shall be used by
383the agency to finance or refinance any community redevelopment
384it undertakes pursuant to the approved community redevelopment
385plan. No community redevelopment agency may receive or spend any
386increment revenues pursuant to this section unless and until the
387governing body has, by ordinance, created the trust fund and
388provided for the funding of the redevelopment trust fund until
389the time certain set forth in the for the duration of a
390community redevelopment plan as required by s. 163.362(10). Such
391ordinance may be adopted only after the governing body has
392approved a community redevelopment plan. The annual funding of
393the redevelopment trust fund shall be in an amount not less than
394that increment in the income, proceeds, revenues, and funds of
395each taxing authority derived from or held in connection with
396the undertaking and carrying out of community redevelopment
397under this part. Such increment shall be determined annually and
398shall be that amount equal to 95 percent of the difference
399between:
400     1.(a)  The amount of ad valorem taxes levied each year by
401each taxing authority, exclusive of any amount from any debt
402service millage, on taxable real property contained within the
403geographic boundaries of a community redevelopment area; and
404     2.(b)  The amount of ad valorem taxes which would have been
405produced by the rate upon which the tax is levied each year by
406or for each taxing authority, exclusive of any debt service
407millage, upon the total of the assessed value of the taxable
408real property in the community redevelopment area as shown upon
409the most recent assessment roll used in connection with the
410taxation of such property by each taxing authority prior to the
411effective date of the ordinance providing for the funding of the
412trust fund.
413
414However, the governing body of any county as defined in s.
415125.011(1) may, in the ordinance providing for the funding of a
416trust fund established with respect to any community
417redevelopment area created on or after July 1, 1994, determine
418that the amount to be funded by each taxing authority annually
419shall be less than 95 percent of the difference between
420subparagraphs 1. and 2. paragraphs (a) and (b), but in no event
421shall such amount be less than 50 percent of such difference.
422     (b)1.  For any governing body that has not authorized by
423June 5, 2006, a study to consider whether a finding of necessity
424resolution pursuant to s. 163.355 should be adopted, has not
425adopted a finding of necessity resolution pursuant to s. 163.355
426by March 31, 2007, has not adopted a community redevelopment
427plan by June 7, 2007, and was not authorized to exercise
428community redevelopment powers pursuant to a delegation of
429authority under s. 163.410 by a county that has adopted a home
430rule charter, the amount of tax increment to be contributed by
431any taxing authority shall be limited as follows:
432     a.  If a taxing authority imposes a millage rate that
433exceeds the millage rate imposed by the governing body that
434created the trust fund, the amount of tax increment to be
435contributed by the taxing authority imposing the higher millage
436rate shall be calculated using the millage rate imposed by the
437governing body that created the trust fund. Nothing shall
438prohibit any taxing authority from voluntarily contributing a
439tax increment at a higher rate for a period of time as specified
440by interlocal agreement between the taxing authority and the
441community redevelopment agency.
442     b.  At any time more than 24 years after the fiscal year in
443which a taxing authority made its first contribution to a
444redevelopment trust fund, by resolution effective no sooner than
445the next fiscal year and adopted by majority vote of the taxing
446authority's governing body at a public hearing held not less
447than 30 or more than 45 days after written notice by registered
448mail to the community redevelopment agency and published in a
449newspaper of general circulation in the redevelopment area, the
450taxing authority may limit the amount of increment contributed
451by the taxing authority to the redevelopment trust fund to the
452amount of increment the taxing authority was obligated to
453contribute to the redevelopment trust fund in the fiscal year
454immediately preceding the adoption of such resolution, plus any
455increase in the increment after the adoption of the resolution
456computed using the taxable values of any area which is subject
457to an area reinvestment agreement. As used in this subparagraph,
458the term "area reinvestment agreement" means an agreement
459between the community redevelopment agency and a private party,
460with or without additional parties, which provides that the
461increment computed for a specific area shall be reinvested in
462services or public or private projects, or both, including debt
463service, supporting one or more projects consistent with the
464community redevelopment plan that is identified in the agreement
465to be constructed within that area. Any such reinvestment
466agreement must specify the estimated total amount of public
467investment necessary to provide the projects or services, or
468both, including any applicable debt service. The contribution to
469the redevelopment trust fund of the increase in the increment of
470any area that is subject to an area reinvestment agreement
471following the passage of a resolution as provided in this sub-
472subparagraph shall cease when the amount specified in the area
473reinvestment agreement as necessary to provide the projects or
474services, or both, including any applicable debt service, have
475been invested.
476     2.  For any community redevelopment agency that was not
477created pursuant to a delegation of authority under s. 163.410
478by a county that has adopted a home rule charter and that
479modifies its adopted community redevelopment plan after October
4801, 2006, in a manner that expands the boundaries of the
481redevelopment area, the amount of increment to be contributed by
482any taxing authority with respect to the expanded area shall be
483limited as set forth in sub-subparagraphs 1.a. and b.
484     (2)(a)  Except for the purpose of funding the trust fund
485pursuant to subsection (3), upon the adoption of an ordinance
486providing for funding of the redevelopment trust fund as
487provided in this section, each taxing authority shall, by
488January 1 of each year, appropriate to the trust fund for so
489long as any indebtedness pledging increment revenues to the
490payment thereof is outstanding (but not to exceed 30 years) a
491sum that is no less than the increment as defined and determined
492in subsection (1) or paragraph (3)(b) accruing to such taxing
493authority. If the community redevelopment plan is amended or
494modified pursuant to s. 163.361(1), each such taxing authority
495shall make the annual appropriation for a period not to exceed
49630 years after the date the governing body amends the plan but
497no later than 60 years after the fiscal year in which the plan
498was initially approved or adopted. However, for any agency
499created on or after July 1, 2002, each taxing authority shall
500make the annual appropriation for a period not to exceed 40
501years after the fiscal year in which the initial community
502redevelopment plan is approved or adopted.
503     (b)  Any taxing authority that does not pay the increment
504revenues to the trust fund by January 1 shall pay to the trust
505fund an amount equal to 5 percent of the amount of the increment
506revenues and shall pay interest on the amount of the unpaid
507increment revenues equal to 1 percent for each month the
508increment is outstanding, provided the agency may waive such
509penalty payments in whole or in part.
510     (c)  The following public bodies or taxing authorities are
511exempt from paragraph (a):
512     1.  A special district that levies ad valorem taxes on
513taxable real property in more than one county.
514     2.  A special district for which the sole available source
515of revenue the district has the authority to levy is ad valorem
516taxes at the time an ordinance is adopted under this section.
517However, revenues or aid that may be dispensed or appropriated
518to a district as defined in s. 388.011 at the discretion of an
519entity other than such district shall not be deemed available.
520     3.  A library district, except a library district in a
521jurisdiction where the community redevelopment agency had
522validated bonds as of April 30, 1984.
523     4.  A neighborhood improvement district created under the
524Safe Neighborhoods Act.
525     5.  A metropolitan transportation authority.
526     6.  A water management district created under s. 373.069.
527     (3)(a)  Notwithstanding the provisions of subsection (2),
528the obligation of the governing body which established the
529community redevelopment agency to fund the redevelopment trust
530fund annually shall continue until all loans, advances, and
531indebtedness, if any, and interest thereon, of a community
532redevelopment agency incurred as a result of redevelopment in a
533community redevelopment area have been paid.
534     (b)  Alternate provisions contained in an interlocal
535agreement between a taxing authority and the governing body that
536created the community redevelopment agency may supersede the
537provisions of this section with respect to that taxing
538authority. The community redevelopment agency may be an
539additional party to any such agreement.
540     (4)  The revenue bonds and notes of every issue under this
541part are payable solely out of revenues pledged to and received
542by a community redevelopment agency and deposited to its
543redevelopment trust fund. The lien created by such bonds or
544notes shall not attach until the increment revenues referred to
545herein are deposited in the redevelopment trust fund at the
546times, and to the extent that, such increment revenues accrue.
547The holders of such bonds or notes have no right to require the
548imposition of any tax or the establishment of any rate of
549taxation in order to obtain the amounts necessary to pay and
550retire such bonds or notes.
551     (5)  Revenue bonds issued under the provisions of this part
552shall not be deemed to constitute a debt, liability, or
553obligation of the public local governing body or the state or
554any political subdivision thereof, or a pledge of the faith and
555credit of the public local governing body or the state or any
556political subdivision thereof, but shall be payable solely from
557the revenues provided therefor. All such revenue bonds shall
558contain on the face thereof a statement to the effect that the
559agency shall not be obligated to pay the same or the interest
560thereon except from the revenues of the community redevelopment
561agency held for that purpose and that neither the faith and
562credit nor the taxing power of the local governing body or of
563the state or of any political subdivision thereof is pledged to
564the payment of the principal of, or the interest on, such bonds.     
565     (6)  Moneys in the redevelopment trust fund may be expended
566from time to time for undertakings of a community redevelopment
567agency as described in the which are directly related to
568financing or refinancing of redevelopment in a community
569redevelopment area pursuant to an approved community
570redevelopment plan for the following purposes, including, but
571not limited to:
572     (a)  Administrative and overhead expenses necessary or
573incidental to the implementation of a community redevelopment
574plan adopted by the agency.
575     (b)  Expenses of redevelopment planning, surveys, and
576financial analysis, including the reimbursement of the governing
577body or the community redevelopment agency for such expenses
578incurred before the redevelopment plan was approved and adopted.
579     (c)  The acquisition of real property in the redevelopment
580area.
581     (d)  The clearance and preparation of any redevelopment
582area for redevelopment and relocation of site occupants within
583or outside the community redevelopment area as provided in s.
584163.370.
585     (e)  The repayment of principal and interest or any
586redemption premium for loans, advances, bonds, bond anticipation
587notes, and any other form of indebtedness.
588     (f)  All expenses incidental to or connected with the
589issuance, sale, redemption, retirement, or purchase of agency
590bonds, bond anticipation notes, or other form of indebtedness,
591including funding of any reserve, redemption, or other fund or
592account provided for in the ordinance or resolution authorizing
593such bonds, notes, or other form of indebtedness.
594     (g)  The development of affordable housing within the
595community redevelopment area.
596     (h)  The development of community policing innovations.
597     (7)  On the last day of the fiscal year of the community
598redevelopment agency, any money which remains in the trust fund
599after the payment of expenses pursuant to subsection (6) for
600such year shall be:
601     (a)  Returned to each taxing authority which paid the
602increment in the proportion that the amount of the payment of
603such taxing authority bears to the total amount paid into the
604trust fund by all taxing authorities within the redevelopment
605area for that year;
606     (b)  Used to reduce the amount of any indebtedness to which
607increment revenues are pledged;
608     (c)  Deposited into an escrow account for the purpose of
609later reducing any indebtedness to which increment revenues are
610pledged; or
611     (d)  Appropriated to a specific redevelopment project
612pursuant to an approved community redevelopment plan which
613project will be completed within 3 years from the date of such
614appropriation.
615     (8)  Each community redevelopment agency shall provide for
616an independent financial audit of the trust fund each fiscal
617year and a report of such audit to be prepared by an independent
618certified public accountant or firm. Such report shall describe
619the amount and source of deposits into, and the amount and
620purpose of withdrawals from, the trust fund during such fiscal
621year and the amount of principal and interest paid during such
622year on any indebtedness to which is pledged increment revenues
623are pledged and the remaining amount of such indebtedness. The
624agency shall provide by registered mail a copy of the report to
625each taxing authority.
626     Section 8.  Section 163.410, Florida Statutes, is amended
627to read:
628     163.410  Exercise of powers in counties with home rule
629charters.--In any county which has adopted a home rule charter,
630the powers conferred by this part shall be exercised exclusively
631by the governing body of such county. However, the governing
632body of any such county which has adopted a home rule charter
633may, in its discretion, by resolution delegate the exercise of
634the powers conferred upon the county by this part within the
635boundaries of a municipality to the governing body of such a
636municipality. Such a delegation to a municipality shall confer
637only such powers upon a municipality as shall be specifically
638enumerated in the delegating resolution. Any power not
639specifically delegated shall be reserved exclusively to the
640governing body of the county. This section does not affect any
641community redevelopment agency created by a municipality prior
642to the adoption of a county home rule charter. Unless otherwise
643provided by an existing ordinance, resolution, or interlocal
644agreement between any such county and a municipality, the
645governing body of the county that has adopted a home rule
646charter shall grant in whole or in part or deny act on any
647request from a municipality for a delegation of powers or a
648change in an existing delegation of powers within 120 days after
649the receipt of all required documentation or such request shall
650be deemed granted unless this period is extended by mutual
651consent in writing by the municipality and county. Within 30
652days after receipt of the request, the county shall notify the
653municipality by registered mail whether the request is complete
654or if additional information is required. Any request by the
655county for additional documentation shall specify the
656deficiencies in the submitted documentation, if any. The county
657shall notify the municipality by registered mail within 30 days
658after receiving the additional information whether such
659additional documentation is complete. If the meeting of the
660county commission at which the request for a delegation of
661powers or a change in an existing delegation of powers is unable
662to be held due to events beyond the control of the county, the
663request shall be acted upon at the next regularly scheduled
664meeting of the county commission without regard to the 120-day
665limitation. If the county does not act upon the request at the
666next regularly scheduled meeting, the request shall be deemed
667granted immediately sent to the governing body for
668consideration.
669     Section 9.  This act shall take effect July 1, 2006.


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