Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2364
Barcode 085338
CHAMBER ACTION
Senate House
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04/05/2006 09:05 AM .
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11 The Committee on Community Affairs (Haridopolos) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (2) of section 163.340, Florida
19 Statutes, is amended, and subsection (24) is added to that
20 section, to read:
21 163.340 Definitions.--The following terms, wherever
22 used or referred to in this part, have the following meanings:
23 (2) "Public body" or "taxing authority" means the
24 state or any county, municipality, authority, special district
25 as defined in s. 165.031(5), or other public body of the
26 state, except a school district.
27 (24) "Taxing authority" means any public body other
28 than a school district that levies ad valorem millage against
29 the property within a community redevelopment area.
30 Section 2. Section 163.346, Florida Statutes, is
31 amended to read:
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1 163.346 Notice to taxing authorities.--Before the
2 governing body adopts any resolution or enacts any ordinance
3 required under s. 163.354, s. 163.355, s. 163.356, s. 163.357,
4 or s. 163.387; establishes a study area; creates a community
5 redevelopment agency; approves, adopts, or amends a community
6 redevelopment plan; or issues redevelopment revenue bonds
7 under s. 163.385, the governing body must provide public
8 notice of such proposed action pursuant to s. 125.66(2) or s.
9 166.041(3)(a) and, at least 15 days before such proposed
10 action, mail by registered mail a notice to each taxing
11 authority which levies ad valorem taxes on taxable real
12 property contained within the geographic boundaries of the
13 redevelopment area.
14 Section 3. Section 163.354, Florida Statutes, is
15 created to read:
16 163.354 Development of study area.--Prior to adopting
17 a resolution making a finding of necessity required by s.
18 163.355, the governing body may adopt a resolution
19 establishing a slum and blight study area.
20 Section 4. Subsections (2) and (6) of section 163.360,
21 Florida Statutes, are amended to read:
22 163.360 Community redevelopment plans.--
23 (2)(a) The community redevelopment plan shall:
24 1.(a) Conform to the comprehensive plan for the county
25 or municipality as prepared by the local planning agency under
26 the Local Government Comprehensive Planning and Land
27 Development Regulation Act.
28 2.(b) Be sufficiently complete to indicate such land
29 acquisition, demolition and removal of structures,
30 redevelopment, improvements, and rehabilitation as may be
31 proposed to be carried out in the community redevelopment
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1 area; zoning and planning changes, if any; land uses; maximum
2 densities; and building requirements.
3 3.(c) Provide for the development of affordable
4 housing in the area, or state the reasons for not addressing
5 in the plan the development of affordable housing in the area.
6 The county, municipality, or community redevelopment agency
7 shall coordinate with each housing authority or other
8 affordable housing entities functioning within the geographic
9 boundaries of the redevelopment area, concerning the
10 development of affordable housing in the area.
11 (b) The agency may contract with qualified nonprofit
12 organizations, faith-based organizations, or other entities to
13 develop and provide affordable and workforce housing in the
14 redevelopment area and use tax increment dollars to offer
15 incentives for such development, including, but not limited
16 to, low interest or no interest loans through qualified
17 lenders or the agency itself; revolving loans; fa ade
18 improvement loans or grants; matching, seed, or leverage
19 dollars for loans or grants; developer subsidies; and any
20 other incentives determined to be needed by the agency. For
21 purposes of this paragraph, the term "affordable housing"
22 means housing that meets the definition of affordable under s.
23 420.0004(3) and the term "workforce housing" means housing for
24 which the monthly rents or monthly mortgage payments,
25 including taxes, insurance, and utilities, do not exceed 30
26 percent of that amount which represents the percentage of the
27 median adjusted gross annual income for the households whose
28 income is 150 percent of the median income of the area.
29 (6)(a) The governing body shall hold a public hearing
30 on a community redevelopment plan after public notice thereof
31 by publication in a newspaper having a general circulation in
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1 the area of operation of the county or municipality. The
2 notice shall describe the time, date, place, and purpose of
3 the hearing, identify generally the community redevelopment
4 area covered by the plan, and outline the general scope of the
5 community redevelopment plan under consideration.
6 (b) For any community redevelopment agency created
7 after October 1, 2006, that was not created pursuant to a
8 delegation of authority under s. 163.410 by a county that has
9 adopted a home rule charter, the following additional
10 procedures are required prior to adoption by the governing
11 body of a community redevelopment plan under subsection (7):
12 1. Within 30 days after receipt of any community
13 redevelopment plan recommended by a community redevelopment
14 agency under subsection (5), the county may provide written
15 notice to the governing body of the municipality that the
16 county has competing policy goals and plans for the public
17 funds the county would be required to contribute to the tax
18 increment under the proposed community redevelopment plan.
19 2. If the notice required in subparagraph 1. is timely
20 provided, the board of county commissioners and the governing
21 body of the municipality that created the community
22 redevelopment agency shall schedule and hold a joint hearing
23 chaired by the county commission chair at which the competing
24 policy goals for the public funds shall be discussed. Any such
25 hearing must be held within 90 days after receipt by the
26 county of the recommended community redevelopment plan. Prior
27 to the joint public hearing, the county may propose an
28 alternative redevelopment plan to address the conditions
29 identified in the resolution making a finding of necessity
30 required by s. 163.355. If such an alternative modified
31 redevelopment plan is proposed by the county, such plan shall
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1 be delivered to the governing body of the municipality that
2 created the community redevelopment agency at least 20 days
3 prior to holding the joint meeting.
4 3. If the notice required in subparagraph 1. is timely
5 provided, the municipality may not proceed with the adoption
6 of the plan under subsection (7) until 30 days after the joint
7 hearing unless the board of county commissioners has failed to
8 schedule and attend the joint hearing within the required
9 90-day period.
10 4. Notwithstanding the time requirements established
11 in subparagraphs 2. and 3., the county and the municipality
12 may at any time voluntarily use the dispute resolution process
13 established in chapter 164 to attempt to resolve any competing
14 policy goals between the county and municipality related to
15 the community redevelopment agency. Nothing in this
16 subparagraph grants the county or the municipality the
17 authority to require the other local government to participate
18 in the dispute resolution process.
19 Section 5. Subsection (3) of section 163.361, Florida
20 Statutes, is amended to read:
21 163.361 Modification of community redevelopment
22 plans.--
23 (3)(a) In addition to the requirements of s. 163.346,
24 and prior to the adoption of any modification to a community
25 redevelopment plan that expands the boundaries of the
26 community redevelopment area or extends the time certain set
27 forth in the redevelopment plan as required by s. 163.362(10),
28 the agency shall report such proposed modification to each
29 taxing authority in writing or by an oral presentation, or
30 both, regarding such proposed modification.
31 (b) For any community redevelopment agency that was
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1 not created pursuant to a delegation of authority under s.
2 163.410 by a county that has adopted a home rule charter and
3 that modifies its adopted community redevelopment plan in a
4 manner that expands the boundaries of the redevelopment area,
5 the following additional procedures are required prior to
6 adoption by the governing body of a modified community
7 redevelopment plan:
8 1. Within 30 days after receipt of any report of a
9 proposed modification that expands the boundaries of the
10 redevelopment area, the county may provide notice to the
11 governing body of the municipality that the county has
12 competing policy goals and plans for the public funds the
13 county would be required to contribute to the tax increment
14 under the proposed modification to the community redevelopment
15 plan.
16 2. If the notice required in subparagraph 1. is timely
17 provided, the board of county commissioners and the governing
18 body of the municipality that created the community
19 redevelopment agency shall schedule and hold a joint hearing
20 chaired by the county commission chair at which the competing
21 policy goals for the public funds shall be discussed. Any such
22 hearing shall be held within 90 days after receipt by the
23 county of the recommended modification of the adopted
24 community redevelopment plan. Prior to the joint public
25 hearing, the county may propose an alternative modified
26 community redevelopment plan to address the conditions
27 identified in the resolution making a finding of necessity
28 required under s. 163.355. If such an alternative modified
29 redevelopment plan is proposed by the county, such plan shall
30 be delivered to the governing body of the municipality that
31 created the community redevelopment agency at least 20 days
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1 prior to holding the joint meeting.
2 3. If the notice required in subparagraph 1. is timely
3 provided, the municipality may not proceed with the adoption
4 of the plan under s. 163.360(7) until 30 days after the joint
5 hearing unless the board of county commissioners has failed to
6 schedule and attend the joint hearing within the required
7 90-day period.
8 4. Notwithstanding the time requirements established
9 in subparagraphs 2. and 3., the county and the municipality
10 may at any time voluntarily use the dispute resolution process
11 established in chapter 164 to attempt to resolve any competing
12 policy goals between the county and municipality related to
13 the expansion of the boundaries of the community redevelopment
14 agency. Nothing in this subparagraph grants the county or the
15 municipality the authority to require the other local
16 government to participate in the dispute resolution process.
17 Section 6. Subsection (1), paragraph (a) of subsection
18 (2), and subsection (3) of section 163.387, Florida Statutes,
19 are amended to read:
20 163.387 Redevelopment trust fund.--
21 (1)(a) After approval of a community redevelopment
22 plan, there shall be established for each community
23 redevelopment agency created under s. 163.356 a redevelopment
24 trust fund. Funds allocated to and deposited into this fund
25 shall be used by the agency to finance or refinance any
26 community redevelopment it undertakes pursuant to the approved
27 community redevelopment plan. No community redevelopment
28 agency may receive or spend any increment revenues pursuant to
29 this section unless and until the governing body has, by
30 ordinance, provided for the funding of the redevelopment trust
31 fund for the duration of a community redevelopment plan. Such
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1 ordinance may be adopted only after the governing body has
2 approved a community redevelopment plan. The annual funding of
3 the redevelopment trust fund shall be in an amount not less
4 than that increment in the income, proceeds, revenues, and
5 funds of each taxing authority derived from or held in
6 connection with the undertaking and carrying out of community
7 redevelopment under this part. Such increment shall be
8 determined annually and shall be that amount equal to 95
9 percent of the difference between:
10 1.(a) The amount of ad valorem taxes levied each year
11 by each taxing authority, exclusive of any amount from any
12 debt service millage, on taxable real property contained
13 within the geographic boundaries of a community redevelopment
14 area as indicated by the preliminary assessment roll; and
15 2.(b) The amount of ad valorem taxes which would have
16 been produced by the rate upon which the tax is levied each
17 year by or for each taxing authority, exclusive of any debt
18 service millage, upon the total of the assessed value of the
19 taxable real property in the community redevelopment area as
20 shown upon the most recent assessment roll used in connection
21 with the taxation of such property by each taxing authority
22 prior to the effective date of the ordinance providing for the
23 funding of the trust fund.
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25 However, the governing body of any county as defined in s.
26 125.011(1) may, in the ordinance providing for the funding of
27 a trust fund established with respect to any community
28 redevelopment area created on or after July 1, 1994, determine
29 that the amount to be funded by each taxing authority annually
30 shall be less than 95 percent of the difference between
31 subparagraphs 1. and 2. paragraphs (a) and (b), but in no
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1 event shall such amount be less than 50 percent of such
2 difference.
3 (b)1. For any community redevelopment agency created
4 after October 1, 2006, that was not created pursuant to a
5 delegation of authority under s. 163.410 by a county that has
6 adopted a home rule charter, the amount of tax increment to be
7 contributed by any taxing authority shall be limited as
8 follows:
9 a. If a taxing authority imposes a millage rate that
10 exceeds the millage rate imposed by the governing body that
11 created the trust fund, the amount of tax increment to be
12 contributed by the taxing authority imposing the higher
13 millage rate shall be calculated using the millage rate
14 imposed by the governing body that created the trust fund.
15 Nothing shall prohibit any taxing authority from voluntarily
16 contributing a tax increment at a higher rate for a period of
17 time as specified by interlocal agreement between the taxing
18 authority and the community redevelopment agency.
19 b. At any time more than 19 years after the fiscal
20 year in which a taxing authority made its first contribution
21 to a redevelopment trust fund, by resolution effective no
22 sooner than the next fiscal year and adopted by majority vote
23 of the taxing authority's governing body at a public hearing
24 held not less than 30 or more than 45 days after written
25 notice delivered to the community redevelopment agency and
26 published in a newspaper of general circulation in the
27 redevelopment area, the taxing authority may limit the amount
28 of increment contributed by the taxing authority to the
29 redevelopment trust fund to the average annual amount the
30 taxing authority was obligated to contribute to the
31 redevelopment trust fund in the 3 fiscal years immediately
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1 preceding the adoption of such resolution, plus any increase
2 in the increment after the adoption of the resolution computed
3 using the taxable values of any area which is subject to an
4 area reinvestment agreement. As used in this subparagraph, the
5 term "area reinvestment agreement" means an agreement between
6 the community redevelopment agency and a private party, with
7 or without additional parties, which provides that the
8 increment computed for a specific area shall be reinvested in
9 public infrastructure or services, or both, including debt
10 service, supporting one or more projects consistent with the
11 community redevelopment plan that is identified in the
12 agreement to be constructed within that area. Any such
13 reinvestment agreement must specify the estimated total amount
14 of public investment necessary to provide the public
15 infrastructure or services, or both, including any applicable
16 debt service. The contribution to the redevelopment trust fund
17 of the increase in the increment of any area that is subject
18 to an area reinvestment agreement following the passage of a
19 resolution as provided in this sub-subparagraph shall cease
20 when the amount specified in the area reinvestment agreement
21 as necessary to provide the public infrastructure or services,
22 or both, including any applicable debt service, have been
23 invested.
24 2. For any community redevelopment agency that was not
25 created pursuant to a delegation of authority under s. 163.410
26 by a county that has adopted a home rule charter and that
27 modifies its adopted community redevelopment plan after
28 October 1, 2006, in a manner that expands the boundaries of
29 the redevelopment area, the amount of increment to be
30 contributed by any taxing authority with respect to the
31 expanded area shall be limited as set forth in
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1 sub-subparagraphs 1.a. and b.
2 (2)(a) Except for the purpose of funding the trust
3 fund pursuant to subsection (3), upon the adoption of an
4 ordinance providing for funding of the redevelopment trust
5 fund as provided in this section, each taxing authority shall,
6 by January 1 of each year, appropriate to the trust fund for
7 so long as any indebtedness pledging increment revenues to the
8 payment thereof is outstanding (but not to exceed 30 years) a
9 sum that is no less than the increment as defined and
10 determined in subsection (1) or paragraph (3)(b) accruing to
11 such taxing authority. If the community redevelopment plan is
12 amended or modified pursuant to s. 163.361(1), each such
13 taxing authority shall make the annual appropriation for a
14 period not to exceed 30 years after the date the governing
15 body amends the plan. However, for any agency created on or
16 after July 1, 2002, each taxing authority shall make the
17 annual appropriation for a period not to exceed 40 years after
18 the fiscal year in which the initial community redevelopment
19 plan is approved or adopted.
20 (3)(a) Notwithstanding the provisions of subsection
21 (2), the obligation of the governing body which established
22 the community redevelopment agency to fund the redevelopment
23 trust fund annually shall continue until all loans, advances,
24 and indebtedness, if any, and interest thereon, of a community
25 redevelopment agency incurred as a result of redevelopment in
26 a community redevelopment area have been paid.
27 (b) Notwithstanding the provisions of subsections (1)
28 and (2), an alternative method of determining the amount and
29 time or times of payment of, and rate of interest upon, tax
30 increments contributed to the redevelopment trust fund,
31 including formulae and limits different than those specified
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1 in subsection (1), may be enacted by interlocal agreement
2 between any of the other taxing authorities required to
3 contribute a tax increment to the redevelopment trust fund and
4 the governing body that created the community redevelopment
5 agency.
6 Section 7. Section 163.410, Florida Statutes, is
7 amended to read:
8 163.410 Exercise of powers in counties with home rule
9 charters.--In any county which has adopted a home rule
10 charter, the powers conferred by this part shall be exercised
11 exclusively by the governing body of such county. However, the
12 governing body of any such county which has adopted a home
13 rule charter may, in its discretion, by resolution delegate
14 the exercise of the powers conferred upon the county by this
15 part within the boundaries of a municipality to the governing
16 body of such a municipality. Such a delegation to a
17 municipality shall confer only such powers upon a municipality
18 as shall be specifically enumerated in the delegating
19 resolution. Any power not specifically delegated shall be
20 reserved exclusively to the governing body of the county. This
21 section does not affect any community redevelopment agency
22 created by a municipality prior to the adoption of a county
23 home rule charter. Unless otherwise provided by an existing
24 ordinance, resolution, or interlocal agreement between any
25 such county and a municipality, the governing body of the
26 county that has adopted a home rule charter shall approve or
27 deny act on any request from a municipality for a delegation
28 of powers or a change in an existing delegation of powers
29 within 120 days after the receipt of all required
30 documentation or such request shall be deemed approved. Any
31 request by the county for additional documentation or other
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1 information shall be made in writing to the municipality. The
2 county shall notify the municipality in writing within 30 days
3 after receiving all the required documentation and other
4 requested information that such information is complete. If
5 the meeting of the county commission at which the request for
6 a delegation of powers or a change in an existing delegation
7 of powers is unable to be held due to events beyond the
8 control of the county, the request shall be acted upon at the
9 next regularly scheduled meeting of the county commission
10 without regard to the 120-day limitation. If the county does
11 not act upon the request at the next regularly scheduled
12 meeting, the request shall be deemed approved immediately sent
13 to the governing body for consideration.
14 Section 8. This act shall take effect October 1, 2006.
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17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 Delete everything before the enacting clause
20
21 and insert:
22 A bill to be entitled
23 An act relating to community redevelopment;
24 amending s. 163.340, F.S.; revising a
25 definition; defining the term "taxing
26 authority"; amending s. 163.346, F.S.; revising
27 criteria for a notice to taxing authorities;
28 creating s. 163.354, F.S.; authorizing a local
29 governing body to adopt a resolution
30 establishing a slum and blight study area under
31 certain circumstances; amending s. 163.360,
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1 F.S.; specifying additional procedures required
2 for adoption of community redevelopment plans
3 by the governing body of certain counties for
4 certain community redevelopment agencies;
5 amending s. 163.361, F.S.; specifying
6 additional procedures required for adoption of
7 a modified community redevelopment plan by a
8 governing body of certain counties for certain
9 community redevelopment agencies; amending s.
10 163.387, F.S.; revising provisions relating to
11 redevelopment trust funds; providing
12 limitations on the amount of tax increment
13 contributions by a taxing authority; providing
14 for alternative methods for determining tax
15 increment requirements by interlocal agreement;
16 amending s. 163.410, F.S.; providing additional
17 requirements for requests for information
18 relating to requests for delegation of certain
19 powers; providing an effective date.
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