Florida Senate - 2019                             CS for SB 1054
       
       
        
       By the Committee on Community Affairs; and Senator Lee
       
       
       
       
       
       578-03518-19                                          20191054c1
    1                        A bill to be entitled                      
    2         An act relating to community redevelopment agencies;
    3         amending s. 112.3142, F.S.; requiring ethics training
    4         for community redevelopment agency commissioners;
    5         specifying requirements for such training; amending s.
    6         163.356, F.S.; revising reporting requirements;
    7         deleting provisions requiring certain annual reports;
    8         amending s. 163.367, F.S.; requiring ethics training
    9         for community redevelopment agency commissioners;
   10         creating s. 163.371, F.S.; requiring a community
   11         redevelopment agency to publish certain digital
   12         boundary maps on its website; providing annual
   13         reporting requirements; requiring a community
   14         redevelopment agency to publish the annual reports on
   15         its website; creating s. 163.3755, F.S.; providing
   16         termination dates for certain community redevelopment
   17         agencies; creating s. 163.3756, F.S.; providing
   18         legislative findings; requiring the Department of
   19         Economic Opportunity to declare inactive community
   20         redevelopment agencies that have reported no financial
   21         activity for a specified number of years; providing
   22         hearing procedures; authorizing certain financial
   23         activity by a community redevelopment agency that is
   24         declared inactive; providing applicability; providing
   25         construction; requiring the department to maintain a
   26         list on its website identifying all inactive community
   27         redevelopment agencies; amending s. 163.387, F.S.;
   28         specifying the level of tax increment financing that a
   29         governing body may establish for funding the
   30         redevelopment trust fund; effective on a specified
   31         date, revising requirements for the use of
   32         redevelopment trust fund proceeds; limiting allowed
   33         expenditures; revising requirements for the annual
   34         budget of a community redevelopment agency; revising
   35         requirements for use of moneys in the redevelopment
   36         trust fund for specific redevelopment projects;
   37         revising requirements for the annual audit; requiring
   38         the audit to be included with the financial report of
   39         the county or municipality that created the community
   40         redevelopment agency; amending s. 218.32, F.S.;
   41         revising criteria for finding that a county or
   42         municipality failed to file a report; requiring the
   43         Department of Financial Services to provide a report
   44         to the Department of Economic Opportunity concerning
   45         community redevelopment agencies reporting no
   46         revenues, expenditures, or debts; providing an
   47         effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 112.3142, Florida Statutes, is amended
   52  to read:
   53         112.3142 Ethics training for specified constitutional
   54  officers, and elected municipal officers, and commissioners.—
   55         (1) As used in this section, the term “constitutional
   56  officers” includes the Governor, the Lieutenant Governor, the
   57  Attorney General, the Chief Financial Officer, the Commissioner
   58  of Agriculture, state attorneys, public defenders, sheriffs, tax
   59  collectors, property appraisers, supervisors of elections,
   60  clerks of the circuit court, county commissioners, district
   61  school board members, and superintendents of schools.
   62         (2)(a) All constitutional officers must complete 4 hours of
   63  ethics training each calendar year which addresses, at a
   64  minimum, s. 8, Art. II of the State Constitution, the Code of
   65  Ethics for Public Officers and Employees, and the public records
   66  and public meetings laws of this state. This requirement may be
   67  satisfied by completion of a continuing legal education class or
   68  other continuing professional education class, seminar, or
   69  presentation if the required subjects are covered.
   70         (b) Beginning January 1, 2015, All elected municipal
   71  officers must complete 4 hours of ethics training each calendar
   72  year which addresses, at a minimum, s. 8, Art. II of the State
   73  Constitution, the Code of Ethics for Public Officers and
   74  Employees, and the public records and public meetings laws of
   75  this state. This requirement may be satisfied by completion of a
   76  continuing legal education class or other continuing
   77  professional education class, seminar, or presentation if the
   78  required subjects are covered.
   79         (c) Beginning January 1, 2020, each commissioner of a
   80  community redevelopment agency created under part III of chapter
   81  163 must complete 4 hours of ethics training each calendar year
   82  which addresses, at a minimum, s. 8, Art. II of the State
   83  Constitution, the Code of Ethics for Public Officers and
   84  Employees, and the public records and public meetings laws of
   85  this state. This requirement may be satisfied by completion of a
   86  continuing legal education class or other continuing
   87  professional education class, seminar, or presentation, if the
   88  required subject material is covered by the class.
   89         (d) The commission shall adopt rules establishing minimum
   90  course content for the portion of an ethics training class which
   91  addresses s. 8, Art. II of the State Constitution and the Code
   92  of Ethics for Public Officers and Employees.
   93         (e)(d) The Legislature intends that a constitutional
   94  officer or elected municipal officer who is required to complete
   95  ethics training pursuant to this section receive the required
   96  training as close as possible to the date that he or she assumes
   97  office. A constitutional officer or elected municipal officer
   98  assuming a new office or new term of office on or before March
   99  31 must complete the annual training on or before December 31 of
  100  the year in which the term of office began. A constitutional
  101  officer or elected municipal officer assuming a new office or
  102  new term of office after March 31 is not required to complete
  103  ethics training for the calendar year in which the term of
  104  office began.
  105         (3) Each house of the Legislature shall provide for ethics
  106  training pursuant to its rules.
  107         Section 2. Paragraphs (c) and (d) of subsection (3) of
  108  section 163.356, Florida Statutes, are amended to read:
  109         163.356 Creation of community redevelopment agency.—
  110         (3)
  111         (c) The governing body of the county or municipality shall
  112  designate a chair and vice chair from among the commissioners.
  113  An agency may employ an executive director, technical experts,
  114  and such other agents and employees, permanent and temporary, as
  115  it requires, and determine their qualifications, duties, and
  116  compensation. For such legal service as it requires, an agency
  117  may employ or retain its own counsel and legal staff.
  118         (d) An agency authorized to transact business and exercise
  119  powers under this part shall file with the governing body the
  120  report required pursuant to s. 163.371(1), on or before March 31
  121  of each year, a report of its activities for the preceding
  122  fiscal year, which report shall include a complete financial
  123  statement setting forth its assets, liabilities, income, and
  124  operating expenses as of the end of such fiscal year. At the
  125  time of filing the report, the agency shall publish in a
  126  newspaper of general circulation in the community a notice to
  127  the effect that such report has been filed with the county or
  128  municipality and that the report is available for inspection
  129  during business hours in the office of the clerk of the city or
  130  county commission and in the office of the agency.
  131         (e)(d) At any time after the creation of a community
  132  redevelopment agency, the governing body of the county or
  133  municipality may appropriate to the agency such amounts as the
  134  governing body deems necessary for the administrative expenses
  135  and overhead of the agency, including the development and
  136  implementation of community policing innovations.
  137         Section 3. Subsection (1) of section 163.367, Florida
  138  Statutes, is amended to read:
  139         163.367 Public officials, commissioners, and employees
  140  subject to code of ethics.—
  141         (1) The officers, commissioners, and employees of a
  142  community redevelopment agency created by, or designated
  143  pursuant to, s. 163.356 or s. 163.357 are shall be subject to
  144  the provisions and requirements of part III of chapter 112, and
  145  commissioners also must comply with the ethics training
  146  requirements as imposed in s. 112.3142.
  147         Section 4. Section 163.371, Florida Statutes, is created to
  148  read:
  149         163.371Reporting requirements.—
  150         (1)By January 1, 2020, each community redevelopment agency
  151  shall publish on its website digital maps that depict the
  152  geographic boundaries and total acreage of the community
  153  redevelopment agency. If any change is made to the boundaries or
  154  total acreage, the agency shall post updated map files on its
  155  website within 60 days after the date such change takes effect.
  156         (2)Beginning March 31, 2020, and not later than March 31
  157  of each year thereafter, a community redevelopment agency shall
  158  file an annual report with the county or municipality that
  159  created the agency and publish the report on the agency’s
  160  website. The report must include the following information:
  161         (a)The most recent complete audit report of the
  162  redevelopment trust fund as required in s. 163.387(8). If the
  163  audit report for the previous year is not available by March 31,
  164  a community redevelopment agency shall publish the audit report
  165  on its website within 45 days after completion.
  166         (b)The performance data for each plan authorized,
  167  administered, or overseen by the community redevelopment agency
  168  as of December 31 of the reporting year, including the:
  169         1.Total number of projects started and completed and the
  170  estimated cost for each project.
  171         2.Total expenditures from the redevelopment trust fund.
  172         3.Original assessed real property values within the
  173  community redevelopment agency’s area of authority as of the day
  174  the agency was created.
  175         4.Total assessed real property values of property within
  176  the boundaries of the community redevelopment agency as of
  177  January 1 of the reporting year.
  178         5.Total amount expended for affordable housing for low
  179  income and middle-income residents.
  180         (c)A summary indicating to what extent, if any, the
  181  community redevelopment agency has achieved the goals set out in
  182  its community redevelopment plan.
  183         Section 5. Section 163.3755, Florida Statutes, is created
  184  to read:
  185         163.3755Termination of community redevelopment agencies.—
  186         (1)A community redevelopment agency in existence on
  187  October 1, 2019, shall terminate on the expiration date provided
  188  in the agency’s charter on October 1, 2019, or on September 30,
  189  2039, whichever is earlier, unless the governing body of the
  190  county or municipality that created the community redevelopment
  191  agency approves its continued existence by a majority vote of
  192  the members of the governing body.
  193         (2)(a)If the governing body of the county or municipality
  194  that created the community redevelopment agency does not approve
  195  its continued existence by a majority vote of the governing body
  196  members, a community redevelopment agency with outstanding bonds
  197  as of October 1, 2019, that do not mature until after the
  198  termination date of the agency or September 30, 2039, whichever
  199  is earlier, remains in existence until the date the bonds
  200  mature.
  201         (b)A community redevelopment agency operating under this
  202  subsection on or after September 30, 2039, may not extend the
  203  maturity date of any outstanding bonds.
  204         (c)The county or municipality that created the community
  205  redevelopment agency must issue a new finding of necessity
  206  limited to timely meeting the remaining bond obligations of the
  207  community redevelopment agency.
  208         Section 6. Section 163.3756, Florida Statutes, is created
  209  to read:
  210         163.3756Inactive community redevelopment agencies.—
  211         (1)The Legislature finds that a number of community
  212  redevelopment agencies continue to exist, but do not report any
  213  revenues, expenditures, or debt in the annual reports they file
  214  with the Department of Financial Services pursuant to s. 218.32.
  215         (2)(a)A community redevelopment agency that has reported
  216  no revenue, no expenditures, and no debt under s. 189.016(9) or
  217  s. 218.32 for 6 consecutive fiscal years beginning no earlier
  218  than October 1, 2016, must be declared inactive by the
  219  Department of Economic Opportunity, which shall notify the
  220  agency of the declaration. If the agency does not have board
  221  members or an agent, the notice of the declaration of inactive
  222  status must be delivered to the county or municipal governing
  223  board or commission that created the agency.
  224         (b)The governing board of a community redevelopment agency
  225  that is declared inactive under this section may seek to
  226  invalidate the declaration by initiating proceedings under s.
  227  189.062(5) within 30 days after the date of the receipt of the
  228  notice from the Department of Economic Opportunity.
  229         (3)A community redevelopment agency that is declared
  230  inactive under this section may expend funds from the
  231  redevelopment trust fund only as necessary to service
  232  outstanding bond debt. The agency may not expend other funds in
  233  the absence of an ordinance of the local governing body that
  234  created the agency which consents to the expenditure of such
  235  funds.
  236         (4)The provisions of s. 189.062(2) and (4) do not apply to
  237  a community redevelopment agency that has been declared inactive
  238  under this section.
  239         (5)The provisions of this section are cumulative to the
  240  provisions of s. 189.062. To the extent the provisions of this
  241  section conflict with the provisions of s. 189.062, this section
  242  prevails.
  243         (6)The Department of Economic Opportunity shall maintain
  244  on its website a separate list of community redevelopment
  245  agencies declared inactive under this section.
  246         Section 7. Paragraph (a) of subsection (1), subsection (6),
  247  paragraph (d) of subsection (7), and subsection (8) of section
  248  163.387, Florida Statutes, are amended to read:
  249         163.387 Redevelopment trust fund.—
  250         (1)(a) After approval of a community redevelopment plan,
  251  there may be established for each community redevelopment agency
  252  created under s. 163.356 a redevelopment trust fund. Funds
  253  allocated to and deposited into this fund shall be used by the
  254  agency to finance or refinance any community redevelopment it
  255  undertakes pursuant to the approved community redevelopment
  256  plan. No community redevelopment agency may receive or spend any
  257  increment revenues pursuant to this section unless and until the
  258  governing body has, by ordinance, created the trust fund and
  259  provided for the funding of the redevelopment trust fund until
  260  the time certain set forth in the community redevelopment plan
  261  as required by s. 163.362(10). Such ordinance may be adopted
  262  only after the governing body has approved a community
  263  redevelopment plan. The annual funding of the redevelopment
  264  trust fund shall be in an amount not less than that increment in
  265  the income, proceeds, revenues, and funds of each taxing
  266  authority derived from or held in connection with the
  267  undertaking and carrying out of community redevelopment under
  268  this part. Such increment shall be determined annually and shall
  269  be that amount equal to 95 percent of the difference between:
  270         1. The amount of ad valorem taxes levied each year by each
  271  taxing authority, exclusive of any amount from any debt service
  272  millage, on taxable real property contained within the
  273  geographic boundaries of a community redevelopment area; and
  274         2. The amount of ad valorem taxes which would have been
  275  produced by the rate upon which the tax is levied each year by
  276  or for each taxing authority, exclusive of any debt service
  277  millage, upon the total of the assessed value of the taxable
  278  real property in the community redevelopment area as shown upon
  279  the most recent assessment roll used in connection with the
  280  taxation of such property by each taxing authority prior to the
  281  effective date of the ordinance providing for the funding of the
  282  trust fund.
  283  
  284  However, the governing body of any county as defined in s.
  285  125.011(1) may, in the ordinance providing for the funding of a
  286  trust fund established with respect to any community
  287  redevelopment area created on or after July 1, 1994, determine
  288  that the amount to be funded by each taxing authority annually
  289  shall be less than 95 percent of the difference between
  290  subparagraphs 1. and 2., but in no event shall such amount be
  291  less than 50 percent of such difference.
  292         (6) Effective October 1, 2019, moneys in the redevelopment
  293  trust fund may be expended from time to time for undertakings of
  294  a community redevelopment agency as described in the community
  295  redevelopment plan only pursuant to an annual budget adopted by
  296  the board of commissioners of the community redevelopment agency
  297  and only for the following purposes specified in paragraph (c).,
  298  including, but not limited to:
  299         (a) Except as otherwise provided in this subsection, a
  300  community redevelopment agency shall comply with the
  301  requirements of s. 189.016.
  302         (b)A community redevelopment agency created by a
  303  municipality shall submit its annual budget to the board of
  304  county commissioners for the county in which the agency is
  305  located within 10 days after the adoption of such budget and
  306  submit amendments of its annual budget to the board of county
  307  commissioners within 10 days after the adoption date of the
  308  amended budget Administrative and overhead expenses necessary or
  309  incidental to the implementation of a community redevelopment
  310  plan adopted by the agency.
  311         (c)The annual budget of a community redevelopment agency
  312  may provide for payment of the following expenses:
  313         1.Administrative and overhead expenses directly or
  314  indirectly necessary to implement a community redevelopment plan
  315  adopted by the agency.
  316         2.(b) Expenses of redevelopment planning, surveys, and
  317  financial analysis, including the reimbursement of the governing
  318  body or the community redevelopment agency for such expenses
  319  incurred before the redevelopment plan was approved and adopted.
  320         3.(c) The acquisition of real property in the redevelopment
  321  area.
  322         4.(d) The clearance and preparation of any redevelopment
  323  area for redevelopment and relocation of site occupants within
  324  or outside the community redevelopment area as provided in s.
  325  163.370.
  326         5.(e) The repayment of principal and interest or any
  327  redemption premium for loans, advances, bonds, bond anticipation
  328  notes, and any other form of indebtedness.
  329         6.(f) All expenses incidental to or connected with the
  330  issuance, sale, redemption, retirement, or purchase of bonds,
  331  bond anticipation notes, or other form of indebtedness,
  332  including funding of any reserve, redemption, or other fund or
  333  account provided for in the ordinance or resolution authorizing
  334  such bonds, notes, or other form of indebtedness.
  335         7.(g) The development of affordable housing within the
  336  community redevelopment area.
  337         8.(h) The development of community policing innovations.
  338         9.Expenses that are necessary to exercise the powers
  339  granted under s. 163.370, as delegated under s. 163.358.
  340         (7) On the last day of the fiscal year of the community
  341  redevelopment agency, any money which remains in the trust fund
  342  after the payment of expenses pursuant to subsection (6) for
  343  such year shall be:
  344         (d) Appropriated to a specific redevelopment project
  345  pursuant to an approved community redevelopment plan. The funds
  346  appropriated for such project may not be changed unless the
  347  project is amended, redesigned, or delayed, in which case the
  348  funds must be reappropriated pursuant to the next annual budget
  349  adopted by the board of commissioners of the community
  350  redevelopment agency which project will be completed within 3
  351  years from the date of such appropriation.
  352         (8)(a) Each community redevelopment agency with revenues or
  353  a total of expenditures and expenses in excess of $100,000, as
  354  reported on the trust fund financial statements, shall provide
  355  for a financial an audit of the trust fund each fiscal year and
  356  a report of such audit to be prepared by an independent
  357  certified public accountant or firm. Each financial audit
  358  conducted pursuant to this subsection must be conducted in
  359  accordance with rules for audits of local governments adopted by
  360  the Auditor General.
  361         (b)The audit Such report must: shall
  362         1. Describe the amount and source of deposits into, and the
  363  amount and purpose of withdrawals from, the trust fund during
  364  such fiscal year and the amount of principal and interest paid
  365  during such year on any indebtedness to which increment revenues
  366  are pledged and the remaining amount of such indebtedness.
  367         2.Include financial statements identifying the assets,
  368  liabilities, income, and operating expenses of the community
  369  redevelopment agency as of the end of such fiscal year.
  370         3.Include a finding by the auditor as to whether the
  371  community redevelopment agency is in compliance with subsections
  372  (6) and (7).
  373         (c)The audit report for the community redevelopment agency
  374  must accompany the annual financial report submitted by the
  375  county or municipality that created the agency to the Department
  376  of Financial Services as provided in s. 218.32, regardless of
  377  whether the agency reports separately under that section.
  378         (d) The agency shall provide by registered mail a copy of
  379  the audit report to each taxing authority.
  380         Section 8. Subsection (3) of section 218.32, Florida
  381  Statutes, is amended to read:
  382         218.32 Annual financial reports; local governmental
  383  entities.—
  384         (3)(a) The department shall notify the President of the
  385  Senate and the Speaker of the House of Representatives of any
  386  municipality that has not reported any financial activity for
  387  the last 4 fiscal years. Such notice must be sufficient to
  388  initiate dissolution procedures as described in s.
  389  165.051(1)(a). Any special law authorizing the incorporation or
  390  creation of the municipality must be included within the
  391  notification.
  392         (b)Failure of a county or municipality required under s.
  393  163.387(8) to include with its annual financial report to the
  394  department a financial audit report for each community
  395  redevelopment agency created by that county or municipality
  396  constitutes a failure to report under this section.
  397         (c)By November 1 of each year, the department must provide
  398  the Special District Accountability Program of the Department of
  399  Economic Opportunity with a list of each community redevelopment
  400  agency that does not report any revenues, expenditures, or debt
  401  for the community redevelopment agency’s previous fiscal year.
  402         Section 9. This act shall take effect October 1, 2019.