Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/CS/HB 883, 2nd Eng.
Ì537642-Î537642
LEGISLATIVE ACTION
Senate . House
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Senator Book moved the following:
1 Senate Amendment to Amendment (333236) (with title
2 amendment)
3
4 Before line 5
5 insert:
6 Section 1. Paragraph (a) of subsection (3) of section
7 163.361, Florida Statutes, is amended to read:
8 163.361 Modification of community redevelopment plans.—
9 (3)(a) In addition to the requirements of s. 163.346, and
10 prior to the adoption of any modification to a community
11 redevelopment plan that expands the boundaries of the community
12 redevelopment area or extends the duration of the community
13 redevelopment agency or the time certain set forth in the
14 redevelopment plan as required by s. 163.362(10), the agency
15 shall report such proposed modification to each taxing authority
16 in writing or by an oral presentation, or both, regarding such
17 proposed modification, and, if the community redevelopment
18 agency was created pursuant to a delegation under s. 163.410 by
19 a county that has adopted a home rule charter, the agency must
20 obtain the approval of the county for such proposed
21 modification.
22 Section 2. Section 163.3755, Florida Statutes, is created
23 to read:
24 163.3755 Termination of community redevelopment agencies;
25 prohibition on future creation.—
26 (1) A community redevelopment agency in existence on
27 October 1, 2018, shall terminate on the expiration date provided
28 in the agency’s charter on October 1, 2018, or on September 30,
29 2038, whichever is earlier, unless the governing body of the
30 county or municipality that created the community redevelopment
31 agency or, for community redevelopment agencies created by the
32 municipality pursuant to a delegation under s. 163.410 by a
33 county, the governing body of the county approves its continued
34 existence by a super majority (majority plus one) vote of the
35 members of the governing body.
36 (2) If the governing body of the county or municipality
37 that created the community redevelopment agency or, for
38 community redevelopment agencies created by the municipality
39 pursuant to a delegation under s. 163.410 by a county, the
40 governing body of the county does not approve its continued
41 existence by a super majority (majority plus one) vote of the
42 members of the governing body, a community redevelopment agency
43 with outstanding bonds as of October 1, 2018, which do not
44 mature until after the earlier of the termination date of the
45 agency or September 30, 2038, must remain in existence until the
46 date the bonds mature.
47 Section 3. Section 163.410, Florida Statutes, is amended to
48 read:
49 163.410 Exercise of powers in counties with home rule
50 charters.—In any county which has adopted a home rule charter,
51 the powers conferred by this part shall be exercised exclusively
52 by the governing body of such county. However, the governing
53 body of any such county which has adopted a home rule charter
54 may, in its discretion, by resolution delegate the exercise of
55 the powers conferred upon the county by this part within the
56 boundaries of a municipality to the governing body of such a
57 municipality. Such a delegation to a municipality shall confer
58 only such powers upon a municipality as shall be specifically
59 enumerated in the delegating resolution. The governing body of
60 the county always retains the nondelegable power to amend or
61 modify any such delegation, subject only to any existing revenue
62 bond obligations. Any power not specifically delegated shall be
63 reserved exclusively to the governing body of the county. This
64 section does not affect any community redevelopment agency
65 created by a municipality prior to the adoption of a county home
66 rule charter. Unless otherwise provided by an existing
67 ordinance, resolution, or interlocal agreement between any such
68 county and a municipality, the governing body of the county that
69 has adopted a home rule charter shall grant in whole or in part
70 or deny any request from a municipality for a delegation of
71 powers or a change in an existing delegation of powers within
72 120 days after the receipt of all required documentation, or
73 such request shall be deemed granted unless this period is
74 extended by mutual consent in writing by the municipality and
75 county. Within 30 days after receipt of the request, the county
76 shall notify the municipality by registered mail whether the
77 request is complete or if additional information is required.
78 Any request by the county for additional documentation shall
79 specify the deficiencies in the submitted documentation, if any.
80 The county shall notify the municipality by registered mail
81 within 30 days after receiving the additional information
82 whether such additional documentation is complete. If the
83 meeting of the county commission at which the request for a
84 delegation of powers or a change in an existing delegation of
85 powers is unable to be held due to events beyond the control of
86 the county, the request shall be acted upon at the next
87 regularly scheduled meeting of the county commission without
88 regard to the 120-day limitation. If the county does not act
89 upon the request at the next regularly scheduled meeting, the
90 request shall be deemed granted.
91
92 ================= T I T L E A M E N D M E N T ================
93 And the title is amended as follows:
94 Between lines 123 and 124
95 insert:
96 163.361, F.S.; specifying a certain notice requirement
97 if the duration of a community redevelopment agency is
98 extended; requiring county approval for certain
99 modifications to community redevelopment agencies;
100 creating s. 163.3755, F.S.; requiring certain
101 community redevelopment agencies in existence on a
102 certain date to terminate on a specified date, except
103 under certain circumstances; requiring that a
104 community redevelopment agency with outstanding bonds
105 as of a specified date which do not mature until after
106 a specified date remain in existence until the date
107 the bonds mature, under certain circumstances;
108 amending s. 163.410, F.S.; specifying that the
109 governing body of certain counties always retains the
110 nondelegable power to amend or modify a certain
111 delegation of power to a municipality, subject only to
112 any existing revenue bond obligations; amending s.