Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1054
       
       
       
       
       
       
                                Ì895662@Î895662                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2019           .                                
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       The Committee on Community Affairs (Lee) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 112.3142, Florida Statutes, is amended
    6  to read:
    7         112.3142 Ethics training for specified constitutional
    8  officers, and elected municipal officers, and commissioners.—
    9         (1) As used in this section, the term “constitutional
   10  officers” includes the Governor, the Lieutenant Governor, the
   11  Attorney General, the Chief Financial Officer, the Commissioner
   12  of Agriculture, state attorneys, public defenders, sheriffs, tax
   13  collectors, property appraisers, supervisors of elections,
   14  clerks of the circuit court, county commissioners, district
   15  school board members, and superintendents of schools.
   16         (2)(a) All constitutional officers must complete 4 hours of
   17  ethics training each calendar year which addresses, at a
   18  minimum, s. 8, Art. II of the State Constitution, the Code of
   19  Ethics for Public Officers and Employees, and the public records
   20  and public meetings laws of this state. This requirement may be
   21  satisfied by completion of a continuing legal education class or
   22  other continuing professional education class, seminar, or
   23  presentation if the required subjects are covered.
   24         (b) Beginning January 1, 2015, All elected municipal
   25  officers must complete 4 hours of ethics training each calendar
   26  year which addresses, at a minimum, s. 8, Art. II of the State
   27  Constitution, the Code of Ethics for Public Officers and
   28  Employees, and the public records and public meetings laws of
   29  this state. This requirement may be satisfied by completion of a
   30  continuing legal education class or other continuing
   31  professional education class, seminar, or presentation if the
   32  required subjects are covered.
   33         (c) Beginning January 1, 2020, each commissioner of a
   34  community redevelopment agency created under part III of chapter
   35  163 must complete 4 hours of ethics training each calendar year
   36  which addresses, at a minimum, s. 8, Art. II of the State
   37  Constitution, the Code of Ethics for Public Officers and
   38  Employees, and the public records and public meetings laws of
   39  this state. This requirement may be satisfied by completion of a
   40  continuing legal education class or other continuing
   41  professional education class, seminar, or presentation, if the
   42  required subject material is covered by the class.
   43         (d) The commission shall adopt rules establishing minimum
   44  course content for the portion of an ethics training class which
   45  addresses s. 8, Art. II of the State Constitution and the Code
   46  of Ethics for Public Officers and Employees.
   47         (e)(d) The Legislature intends that a constitutional
   48  officer or elected municipal officer who is required to complete
   49  ethics training pursuant to this section receive the required
   50  training as close as possible to the date that he or she assumes
   51  office. A constitutional officer or elected municipal officer
   52  assuming a new office or new term of office on or before March
   53  31 must complete the annual training on or before December 31 of
   54  the year in which the term of office began. A constitutional
   55  officer or elected municipal officer assuming a new office or
   56  new term of office after March 31 is not required to complete
   57  ethics training for the calendar year in which the term of
   58  office began.
   59         (3) Each house of the Legislature shall provide for ethics
   60  training pursuant to its rules.
   61         Section 2. Paragraphs (c) and (d) of subsection (3) of
   62  section 163.356, Florida Statutes, are amended to read:
   63         163.356 Creation of community redevelopment agency.—
   64         (3)
   65         (c) The governing body of the county or municipality shall
   66  designate a chair and vice chair from among the commissioners.
   67  An agency may employ an executive director, technical experts,
   68  and such other agents and employees, permanent and temporary, as
   69  it requires, and determine their qualifications, duties, and
   70  compensation. For such legal service as it requires, an agency
   71  may employ or retain its own counsel and legal staff.
   72         (d) An agency authorized to transact business and exercise
   73  powers under this part shall file with the governing body the
   74  report required pursuant to s. 163.371(1), on or before March 31
   75  of each year, a report of its activities for the preceding
   76  fiscal year, which report shall include a complete financial
   77  statement setting forth its assets, liabilities, income, and
   78  operating expenses as of the end of such fiscal year. At the
   79  time of filing the report, the agency shall publish in a
   80  newspaper of general circulation in the community a notice to
   81  the effect that such report has been filed with the county or
   82  municipality and that the report is available for inspection
   83  during business hours in the office of the clerk of the city or
   84  county commission and in the office of the agency.
   85         (e)(d) At any time after the creation of a community
   86  redevelopment agency, the governing body of the county or
   87  municipality may appropriate to the agency such amounts as the
   88  governing body deems necessary for the administrative expenses
   89  and overhead of the agency, including the development and
   90  implementation of community policing innovations.
   91         Section 3. Subsection (1) of section 163.367, Florida
   92  Statutes, is amended to read:
   93         163.367 Public officials, commissioners, and employees
   94  subject to code of ethics.—
   95         (1) The officers, commissioners, and employees of a
   96  community redevelopment agency created by, or designated
   97  pursuant to, s. 163.356 or s. 163.357 are shall be subject to
   98  the provisions and requirements of part III of chapter 112, and
   99  commissioners also must comply with the ethics training
  100  requirements as imposed in s. 112.3142.
  101         Section 4. Section 163.371, Florida Statutes, is created to
  102  read:
  103         163.371Reporting requirements.—
  104         (1)By January 1, 2020, each community redevelopment agency
  105  shall publish on its website digital maps that depict the
  106  geographic boundaries and total acreage of the community
  107  redevelopment agency. If any change is made to the boundaries or
  108  total acreage, the agency shall post updated map files on its
  109  website within 60 days after the date such change takes effect.
  110         (2)Beginning March 31, 2020, and not later than March 31
  111  of each year thereafter, a community redevelopment agency shall
  112  file an annual report with the county or municipality that
  113  created the agency and publish the report on the agency’s
  114  website. The report must include the following information:
  115         (a)The most recent complete audit report of the
  116  redevelopment trust fund as required in s. 163.387(8). If the
  117  audit report for the previous year is not available by March 31,
  118  a community redevelopment agency shall publish the audit report
  119  on its website within 45 days after completion.
  120         (b)The performance data for each plan authorized,
  121  administered, or overseen by the community redevelopment agency
  122  as of December 31 of the reporting year, including the:
  123         1.Total number of projects started and completed and the
  124  estimated cost for each project.
  125         2.Total expenditures from the redevelopment trust fund.
  126         3.Original assessed real property values within the
  127  community redevelopment agency’s area of authority as of the day
  128  the agency was created.
  129         4.Total assessed real property values of property within
  130  the boundaries of the community redevelopment agency as of
  131  January 1 of the reporting year.
  132         5.Total amount expended for affordable housing for low
  133  income and middle-income residents.
  134         (c)A summary indicating to what extent, if any, the
  135  community redevelopment agency has achieved the goals set out in
  136  its community redevelopment plan.
  137         Section 5. Section 163.3755, Florida Statutes, is created
  138  to read:
  139         163.3755Termination of community redevelopment agencies.—
  140         (1)A community redevelopment agency in existence on
  141  October 1, 2019, shall terminate on the expiration date provided
  142  in the agency’s charter on October 1, 2019, or on September 30,
  143  2039, whichever is earlier, unless the governing body of the
  144  county or municipality that created the community redevelopment
  145  agency approves its continued existence by a majority vote of
  146  the members of the governing body.
  147         (2)(a)If the governing body of the county or municipality
  148  that created the community redevelopment agency does not approve
  149  its continued existence by a majority vote of the governing body
  150  members, a community redevelopment agency with outstanding bonds
  151  as of October 1, 2019, that do not mature until after the
  152  termination date of the agency or September 30, 2039, whichever
  153  is earlier, remains in existence until the date the bonds
  154  mature.
  155         (b)A community redevelopment agency operating under this
  156  subsection on or after September 30, 2039, may not extend the
  157  maturity date of any outstanding bonds.
  158         (c)The county or municipality that created the community
  159  redevelopment agency must issue a new finding of necessity
  160  limited to timely meeting the remaining bond obligations of the
  161  community redevelopment agency.
  162         Section 6. Section 163.3756, Florida Statutes, is created
  163  to read:
  164         163.3756Inactive community redevelopment agencies.—
  165         (1)The Legislature finds that a number of community
  166  redevelopment agencies continue to exist, but do not report any
  167  revenues, expenditures, or debt in the annual reports they file
  168  with the Department of Financial Services pursuant to s. 218.32.
  169         (2)(a)A community redevelopment agency that has reported
  170  no revenue, no expenditures, and no debt under s. 189.016(9) or
  171  s. 218.32 for 6 consecutive fiscal years beginning no earlier
  172  than October 1, 2016, must be declared inactive by the
  173  Department of Economic Opportunity, which shall notify the
  174  agency of the declaration. If the agency does not have board
  175  members or an agent, the notice of the declaration of inactive
  176  status must be delivered to the county or municipal governing
  177  board or commission that created the agency.
  178         (b)The governing board of a community redevelopment agency
  179  that is declared inactive under this section may seek to
  180  invalidate the declaration by initiating proceedings under s.
  181  189.062(5) within 30 days after the date of the receipt of the
  182  notice from the Department of Economic Opportunity.
  183         (3)A community redevelopment agency that is declared
  184  inactive under this section may expend funds from the
  185  redevelopment trust fund only as necessary to service
  186  outstanding bond debt. The agency may not expend other funds in
  187  the absence of an ordinance of the local governing body that
  188  created the agency which consents to the expenditure of such
  189  funds.
  190         (4)The provisions of s. 189.062(2) and (4) do not apply to
  191  a community redevelopment agency that has been declared inactive
  192  under this section.
  193         (5)The provisions of this section are cumulative to the
  194  provisions of s. 189.062. To the extent the provisions of this
  195  section conflict with the provisions of s. 189.062, this section
  196  prevails.
  197         (6)The Department of Economic Opportunity shall maintain
  198  on its website a separate list of community redevelopment
  199  agencies declared inactive under this section.
  200         Section 7. Paragraph (a) of subsection (1), subsection (6),
  201  paragraph (d) of subsection (7), and subsection (8) of section
  202  163.387, Florida Statutes, are amended to read:
  203         163.387 Redevelopment trust fund.—
  204         (1)(a) After approval of a community redevelopment plan,
  205  there may be established for each community redevelopment agency
  206  created under s. 163.356 a redevelopment trust fund. Funds
  207  allocated to and deposited into this fund shall be used by the
  208  agency to finance or refinance any community redevelopment it
  209  undertakes pursuant to the approved community redevelopment
  210  plan. No community redevelopment agency may receive or spend any
  211  increment revenues pursuant to this section unless and until the
  212  governing body has, by ordinance, created the trust fund and
  213  provided for the funding of the redevelopment trust fund until
  214  the time certain set forth in the community redevelopment plan
  215  as required by s. 163.362(10). Such ordinance may be adopted
  216  only after the governing body has approved a community
  217  redevelopment plan. The annual funding of the redevelopment
  218  trust fund shall be in an amount not less than that increment in
  219  the income, proceeds, revenues, and funds of each taxing
  220  authority derived from or held in connection with the
  221  undertaking and carrying out of community redevelopment under
  222  this part. Such increment shall be determined annually and shall
  223  be that amount equal to 95 percent of the difference between:
  224         1. The amount of ad valorem taxes levied each year by each
  225  taxing authority, exclusive of any amount from any debt service
  226  millage, on taxable real property contained within the
  227  geographic boundaries of a community redevelopment area; and
  228         2. The amount of ad valorem taxes which would have been
  229  produced by the rate upon which the tax is levied each year by
  230  or for each taxing authority, exclusive of any debt service
  231  millage, upon the total of the assessed value of the taxable
  232  real property in the community redevelopment area as shown upon
  233  the most recent assessment roll used in connection with the
  234  taxation of such property by each taxing authority prior to the
  235  effective date of the ordinance providing for the funding of the
  236  trust fund.
  237  
  238  However, the governing body of any county as defined in s.
  239  125.011(1) may, in the ordinance providing for the funding of a
  240  trust fund established with respect to any community
  241  redevelopment area created on or after July 1, 1994, determine
  242  that the amount to be funded by each taxing authority annually
  243  shall be less than 95 percent of the difference between
  244  subparagraphs 1. and 2., but in no event shall such amount be
  245  less than 50 percent of such difference.
  246         (6) Effective October 1, 2019, moneys in the redevelopment
  247  trust fund may be expended from time to time for undertakings of
  248  a community redevelopment agency as described in the community
  249  redevelopment plan only pursuant to an annual budget adopted by
  250  the board of commissioners of the community redevelopment agency
  251  and only for the following purposes specified in paragraph (c).,
  252  including, but not limited to:
  253         (a) Except as otherwise provided in this subsection, a
  254  community redevelopment agency shall comply with the
  255  requirements of s. 189.016.
  256         (b)A community redevelopment agency created by a
  257  municipality shall submit its annual budget to the board of
  258  county commissioners for the county in which the agency is
  259  located within 10 days after the adoption of such budget and
  260  submit amendments of its annual budget to the board of county
  261  commissioners within 10 days after the adoption date of the
  262  amended budget Administrative and overhead expenses necessary or
  263  incidental to the implementation of a community redevelopment
  264  plan adopted by the agency.
  265         (c)The annual budget of a community redevelopment agency
  266  may provide for payment of the following expenses:
  267         1.Administrative and overhead expenses directly or
  268  indirectly necessary to implement a community redevelopment plan
  269  adopted by the agency.
  270         2.(b) Expenses of redevelopment planning, surveys, and
  271  financial analysis, including the reimbursement of the governing
  272  body or the community redevelopment agency for such expenses
  273  incurred before the redevelopment plan was approved and adopted.
  274         3.(c) The acquisition of real property in the redevelopment
  275  area.
  276         4.(d) The clearance and preparation of any redevelopment
  277  area for redevelopment and relocation of site occupants within
  278  or outside the community redevelopment area as provided in s.
  279  163.370.
  280         5.(e) The repayment of principal and interest or any
  281  redemption premium for loans, advances, bonds, bond anticipation
  282  notes, and any other form of indebtedness.
  283         6.(f) All expenses incidental to or connected with the
  284  issuance, sale, redemption, retirement, or purchase of bonds,
  285  bond anticipation notes, or other form of indebtedness,
  286  including funding of any reserve, redemption, or other fund or
  287  account provided for in the ordinance or resolution authorizing
  288  such bonds, notes, or other form of indebtedness.
  289         7.(g) The development of affordable housing within the
  290  community redevelopment area.
  291         8.(h) The development of community policing innovations.
  292         9.Expenses that are necessary to exercise the powers
  293  granted under s. 163.370, as delegated under s. 163.358.
  294         (7) On the last day of the fiscal year of the community
  295  redevelopment agency, any money which remains in the trust fund
  296  after the payment of expenses pursuant to subsection (6) for
  297  such year shall be:
  298         (d) Appropriated to a specific redevelopment project
  299  pursuant to an approved community redevelopment plan. The funds
  300  appropriated for such project may not be changed unless the
  301  project is amended, redesigned, or delayed, in which case the
  302  funds must be reappropriated pursuant to the next annual budget
  303  adopted by the board of commissioners of the community
  304  redevelopment agency which project will be completed within 3
  305  years from the date of such appropriation.
  306         (8)(a) Each community redevelopment agency with revenues or
  307  a total of expenditures and expenses in excess of $100,000, as
  308  reported on the trust fund financial statements, shall provide
  309  for a financial an audit of the trust fund each fiscal year and
  310  a report of such audit to be prepared by an independent
  311  certified public accountant or firm. Each financial audit
  312  conducted pursuant to this subsection must be conducted in
  313  accordance with rules for audits of local governments adopted by
  314  the Auditor General.
  315         (b)The audit Such report must: shall
  316         1. Describe the amount and source of deposits into, and the
  317  amount and purpose of withdrawals from, the trust fund during
  318  such fiscal year and the amount of principal and interest paid
  319  during such year on any indebtedness to which increment revenues
  320  are pledged and the remaining amount of such indebtedness.
  321         2.Include financial statements identifying the assets,
  322  liabilities, income, and operating expenses of the community
  323  redevelopment agency as of the end of such fiscal year.
  324         3.Include a finding by the auditor as to whether the
  325  community redevelopment agency is in compliance with subsections
  326  (6) and (7).
  327         (c)The audit report for the community redevelopment agency
  328  must accompany the annual financial report submitted by the
  329  county or municipality that created the agency to the Department
  330  of Financial Services as provided in s. 218.32, regardless of
  331  whether the agency reports separately under that section.
  332         (d) The agency shall provide by registered mail a copy of
  333  the audit report to each taxing authority.
  334         Section 8. Subsection (3) of section 218.32, Florida
  335  Statutes, is amended to read:
  336         218.32 Annual financial reports; local governmental
  337  entities.—
  338         (3)(a) The department shall notify the President of the
  339  Senate and the Speaker of the House of Representatives of any
  340  municipality that has not reported any financial activity for
  341  the last 4 fiscal years. Such notice must be sufficient to
  342  initiate dissolution procedures as described in s.
  343  165.051(1)(a). Any special law authorizing the incorporation or
  344  creation of the municipality must be included within the
  345  notification.
  346         (b)Failure of a county or municipality required under s.
  347  163.387(8) to include with its annual financial report to the
  348  department a financial audit report for each community
  349  redevelopment agency created by that county or municipality
  350  constitutes a failure to report under this section.
  351         (c)By November 1 of each year, the department must provide
  352  the Special District Accountability Program of the Department of
  353  Economic Opportunity with a list of each community redevelopment
  354  agency that does not report any revenues, expenditures, or debt
  355  for the community redevelopment agency’s previous fiscal year.
  356         Section 9. This act shall take effect October 1, 2019.
  357  ================= T I T L E  A M E N D M E N T ================
  358  And the title is amended as follows:
  359         Delete everything before the enacting clause
  360  and insert:
  361                        A bill to be entitled                      
  362         An act relating to community redevelopment agencies;
  363         amending s. 112.3142, F.S.; requiring ethics training
  364         for community redevelopment agency commissioners;
  365         specifying requirements for such training; amending s.
  366         163.356, F.S.; revising reporting requirements;
  367         deleting provisions requiring certain annual reports;
  368         amending s. 163.367, F.S.; requiring ethics training
  369         for community redevelopment agency commissioners;
  370         creating s. 163.371, F.S.; requiring a community
  371         redevelopment agency to publish certain digital
  372         boundary maps on its website; providing annual
  373         reporting requirements; requiring a community
  374         redevelopment agency to publish the annual reports on
  375         its website; creating s. 163.3755, F.S.; providing
  376         termination dates for certain community redevelopment
  377         agencies; creating s. 163.3756, F.S.; providing
  378         legislative findings; requiring the Department of
  379         Economic Opportunity to declare inactive community
  380         redevelopment agencies that have reported no financial
  381         activity for a specified number of years; providing
  382         hearing procedures; authorizing certain financial
  383         activity by a community redevelopment agency that is
  384         declared inactive; providing applicability; providing
  385         construction; requiring the department to maintain a
  386         list on its website identifying all inactive community
  387         redevelopment agencies; amending s. 163.387, F.S.;
  388         specifying the level of tax increment financing that a
  389         governing body may establish for funding the
  390         redevelopment trust fund; effective on a specified
  391         date, revising requirements for the use of
  392         redevelopment trust fund proceeds; limiting allowed
  393         expenditures; revising requirements for the annual
  394         budget of a community redevelopment agency; revising
  395         requirements for use of moneys in the redevelopment
  396         trust fund for specific redevelopment projects;
  397         revising requirements for the annual audit; requiring
  398         the audit to be included with the financial report of
  399         the county or municipality that created the community
  400         redevelopment agency; amending s. 218.32, F.S.;
  401         revising criteria for finding that a county or
  402         municipality failed to file a report; requiring the
  403         Department of Financial Services to provide a report
  404         to the Department of Economic Opportunity concerning
  405         community redevelopment agencies reporting no
  406         revenues, expenditures, or debts; providing an
  407         effective date.