Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1242
Ì4874062Î487406
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2025 .
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The Committee on Rules (McClain) recommended the following:
1 Senate Amendment to Amendment (232314)
2
3 Delete lines 5 - 222
4 and insert:
5 Section 1. Subsections (2), (3), and (4) of section
6 163.356, Florida Statutes, are amended to read
7 163.356 Creation of community redevelopment agency.—
8 (2)(a) When the governing body adopts a resolution
9 declaring the need for a community redevelopment agency, that
10 body shall, by ordinance, declare itself to be an agency. All
11 the rights, powers, duties, privileges, and immunities vested by
12 this part in an agency will be vested in the governing body,
13 subject to all responsibilities and liabilities imposed or
14 incurred. The members of the governing body shall be the members
15 of the agency, but such members constitute the head of a legal
16 entity, separate, distinct, and independent from the governing
17 body of the county or municipality. Members of an agency shall
18 receive no compensation for services, but may be entitled to the
19 necessary expenses incurred in the discharge of duties,
20 including travel expenses.
21 (b) A governing body that consists of five members may
22 appoint two additional persons to act as members of the
23 community redevelopment agency. The term of office of these
24 additional members is 4 years, except that the first person
25 appointed shall initially serve a term of 2 years appoint a
26 board of commissioners of the community redevelopment agency,
27 which shall consist of not fewer than five or more than nine
28 commissioners. The terms of office of the commissioners shall be
29 for 4 years, except that three of the members first appointed
30 shall be designated to serve terms of 1, 2, and 3 years,
31 respectively, from the date of their appointments, and all other
32 members shall be designated to serve for terms of 4 years from
33 the date of their appointments. A vacancy occurring during a
34 term shall be filled for the unexpired term.
35 (c) As provided in an interlocal agreement between the
36 governing body that created the agency and one or more taxing
37 authorities, one or more members of the board of commissioners
38 of the agency may be representatives of a taxing authority,
39 including members of that taxing authority’s governing body,
40 whose membership on the board of commissioners of the agency
41 would be considered an additional duty of office as a member of
42 the taxing authority governing body.
43 (d) This subsection does not amend, or require the
44 amendment of, the structure, membership, or bylaws of any board
45 of commissioners of an agency in existence on October 1, 2025.
46 (3)(a) A commissioner shall receive no compensation for
47 services, but is entitled to the necessary expenses, including
48 travel expenses, incurred in the discharge of duties. Each
49 commissioner shall hold office until his or her successor has
50 been appointed and has qualified. A certificate of the
51 appointment or reappointment of any commissioner shall be filed
52 with the clerk of the county or municipality, and such
53 certificate is conclusive evidence of the due and proper
54 appointment of such commissioner.
55 (b) The powers of a community redevelopment agency shall be
56 exercised by the commissioners thereof. A majority of the
57 commissioners constitutes a quorum for the purpose of conducting
58 business and exercising the powers of the agency and for all
59 other purposes. Action may be taken by the agency upon a vote of
60 a majority of the commissioners present, unless in any case the
61 bylaws require a larger number. Any person may be appointed as
62 commissioner if he or she resides or is engaged in business,
63 which means owning a business, practicing a profession, or
64 performing a service for compensation, or serving as an officer
65 or director of a corporation or other business entity so
66 engaged, within the area of operation of the agency, which shall
67 be coterminous with the area of operation of the county or
68 municipality, and is otherwise eligible for such appointment
69 under this part.
70 (c) The governing body of the county or municipality shall
71 designate a chair and vice chair from among the commissioners.
72 An agency may employ an executive director, technical experts,
73 and such other agents and employees, permanent and temporary, as
74 it requires, and determine their qualifications, duties, and
75 compensation. For such legal service as it requires, an agency
76 may employ or retain its own counsel and legal staff.
77 (d) An agency authorized to transact business and exercise
78 powers under this part shall file with the governing body the
79 report required pursuant to s. 163.371(2).
80 (e) At any time after the creation of a community
81 redevelopment agency, the governing body of the county or
82 municipality may appropriate to the agency such amounts as the
83 governing body deems necessary for the administrative expenses
84 and overhead of the agency, including the development and
85 implementation of community policing innovations.
86 (4) The governing body may remove a commissioner for
87 inefficiency, neglect of duty, or misconduct in office only
88 after a hearing and only if he or she has been given a copy of
89 the charges at least 10 days prior to such hearing and has had
90 an opportunity to be heard in person or by counsel.
91 Section 2. Section 163.357, Florida Statutes, is repealed.
92 Section 3. Subsections (1), (3), and (4) of section
93 163.361, Florida Statutes, are amended to read:
94 163.361 Modification of community redevelopment plans.—
95 (1) If at any time after the approval of a community
96 redevelopment plan by the governing body it becomes necessary or
97 desirable to amend or modify such plan, the governing body may
98 amend such plan upon the recommendation of the agency. The
99 agency recommendation to amend or modify a redevelopment plan
100 may include a change in the boundaries of the redevelopment area
101 to add land to or exclude land from the redevelopment area, or
102 may include the development and implementation of community
103 policing innovations.
104 (3)(a) The governing body may not adopt In addition to the
105 requirements of s. 163.346, and prior to the adoption of any
106 modification to a community redevelopment plan that expands the
107 boundaries of the community redevelopment area or extends the
108 time certain set forth in the redevelopment plan as required by
109 s. 163.362(10), the agency shall report such proposed
110 modification to each taxing authority in writing or by an oral
111 presentation, or both, regarding such proposed modification.
112 (b) For any community redevelopment agency that was not
113 created pursuant to a delegation of authority under s. 163.410
114 by a county that has adopted a home rule charter and that
115 modifies its adopted community redevelopment plan in a manner
116 that expands the boundaries of the redevelopment area after
117 October 1, 2006, the following additional procedures are
118 required prior to adoption by the governing body of a modified
119 community redevelopment plan:
120 1. Within 30 days after receipt of any report of a proposed
121 modification that expands the boundaries of the redevelopment
122 area, the county may provide notice by registered mail to the
123 governing body of the municipality and the community
124 redevelopment agency that the county has competing policy goals
125 and plans for the public funds the county would be required to
126 deposit to the community redevelopment trust fund under the
127 proposed modification to the community redevelopment plan.
128 2. If the notice required in subparagraph 1. is timely
129 provided, the governing body of the county and the governing
130 body of the municipality that created the community
131 redevelopment agency shall schedule and hold a joint hearing co
132 chaired by the chair of the governing body of the county and the
133 mayor of the municipality, with the agenda to be set by the
134 chair of the governing body of the county, at which the
135 competing policy goals for the public funds shall be discussed.
136 For those community redevelopment agencies for which the board
137 of commissioners of the community redevelopment agency are
138 comprised as specified in s. 163.356(2), a designee of the
139 community redevelopment agency shall participate in the joint
140 meeting as a nonvoting member. Any such hearing shall be held
141 within 90 days after receipt by the county of the recommended
142 modification of the adopted community redevelopment plan. Prior
143 to the joint public hearing, the county may propose an
144 alternative modified community redevelopment plan that meets the
145 requirements of s. 163.360 to address the conditions identified
146 in the resolution making a finding of necessity required under
147 s. 163.355. If such an alternative modified redevelopment plan
148 is proposed by the county, such plan shall be delivered to the
149 governing body of the municipality that created the community
150 redevelopment agency and the executive director or other officer
151 of the community redevelopment agency by registered mail at
152 least 30 days prior to holding the joint meeting.
153 3. If the notice required in subparagraph 1. is timely
154 provided, the municipality may not proceed with the adoption of
155 a modified plan until 30 days after the joint hearing unless the
156 governing body of the county has failed to schedule or a
157 majority of the members of the governing body of the county have
158 failed to attend the joint hearing within the required 90-day
159 period.
160 4. Notwithstanding the time requirements established in
161 subparagraphs 2. and 3., the county and the municipality may at
162 any time voluntarily use the dispute resolution process
163 established in chapter 164 to attempt to resolve any competing
164 policy goals between the county and municipality related to the
165 community redevelopment agency. Nothing in this subparagraph
166 grants the county or the municipality the authority to require
167 the other local government to participate in the dispute
168 resolution process.
169 (4) A modification to a community redevelopment plan that
170 includes a change in the boundaries of the redevelopment area to
171 add land must be supported by a resolution as provided in s.
172 163.355.
173 Section 4. Paragraph (c) of subsection (2) of section
174 163.370, Florida Statutes, is amended, and paragraph (d) is
175 added to subsection (3) of that section, to read:
176 163.370 Powers; counties and municipalities; community
177 redevelopment agencies.—
178 (2) Every county and municipality shall have all the powers
179 necessary or convenient to carry out and effectuate the purposes
180 and provisions of this part, including the following powers in
181 addition to others herein granted:
182 (c) To undertake and carry out community redevelopment and
183 related activities within the community redevelopment area,
184 which may include:
185 1. Acquisition of property within a slum area or a blighted
186 area by purchase, lease, option, gift, grant, bequest, devise,
187 or other voluntary method of acquisition.
188 2. Demolition and removal of buildings and improvements.
189 3. Installation, construction, or reconstruction of
190 streets, utilities, parks, playgrounds, public areas of major
191 hotels that are constructed in support of convention centers,
192 including meeting rooms, banquet facilities, parking garages,
193 lobbies, and passageways, and other improvements necessary for
194 carrying out in the community redevelopment area the community
195 redevelopment objectives of this part in accordance with the
196 community redevelopment plan.
197 4. Disposition of any property acquired in the community
198 redevelopment area at its fair value as provided in s. 163.380
199 for uses in accordance with the community redevelopment plan.
200 5. Carrying out plans for a program of voluntary or
201 compulsory repair and rehabilitation of buildings or other
202 improvements in accordance with the community redevelopment
203 plan.
204 6. Acquisition by purchase, lease, option, gift, grant,
205 bequest, devise, or other voluntary method of acquisition of
206 real property in the community redevelopment area which, under
207 the community redevelopment plan, is to be repaired or
208 rehabilitated for dwelling use or related facilities, repair or
209 rehabilitation of the structures for guidance purposes, and
210 resale of the property.
211 7. Acquisition by purchase, lease, option, gift, grant,
212 bequest, devise, or other voluntary method of acquisition of any
213 other real property in the community redevelopment area when
214 necessary to eliminate unhealthful, unsanitary, or unsafe
215 conditions; lessen density; eliminate obsolete or other uses
216 detrimental to the public welfare; or otherwise to remove or
217 prevent the spread of blight or deterioration or to provide land
218 for needed public facilities.
219 8. Acquisition, without regard to any requirement that the
220 area be a slum or blighted area, of air rights in an area
221 consisting principally of land in highways, railway or subway
222 tracks, bridge or tunnel entrances, or other similar facilities
223 which have a blighting influence on the surrounding area and
224 over which air rights sites are to be developed for the
225 elimination of such blighting influences and for the provision
226 of housing (and related facilities and uses) designed
227 specifically for, and limited to, families and individuals of
228 low or moderate income.
229 9. Acquisition by purchase, lease, option, gift, grant,
230 bequest, devise, or other voluntary method of acquisition of
231 property in unincorporated enclaves surrounded by the boundaries
232 of a community redevelopment area when it is determined
233 necessary by the agency to accomplish the community
234 redevelopment plan.
235 10. Construction of foundations and platforms necessary for
236 the provision of air rights sites of housing (and related
237 facilities and uses) designed specifically for, and limited to,
238 families and individuals of low or moderate income.
239 (3) The following projects may not be paid for or financed
240 by increment revenues:
241 (d) Sponsorship, whether direct or indirect, of concerts,
242 festivals, holiday events, parades, or similar activities.
243 Section 5. Section 163.3755, Florida Statutes, is amended
244 to read:
245 163.3755 Termination of community redevelopment agencies.—
246 (1) A community redevelopment agency in existence on
247 October 1, 2019, shall terminate on the time certain for
248 completing all redevelopment expiration date provided in the
249 agency’s charter as required by s. 163.362(10) or as may have
250 been extended by ordinance or resolution prior to May 1, 2025 on
251 October 1, 2019, or on September 30, 2039, whichever is earlier,
252 unless the governing body of the county or municipality that
253 created the community redevelopment agency approves its
254 continued existence by a majority vote of the members of the
255 governing body.
256 (2)(a) If the governing body of the county or municipality
257 that created the community redevelopment agency does not approve
258 its continued existence by a majority vote of the governing body
259 members, A community redevelopment agency with outstanding bonds
260 as of October 1, 2025 2019, that do not mature until after the
261 time certain for completing all redevelopment termination date
262 of the agency or September 30, 2039, whichever is earlier,
263 remains in existence until the date the bonds mature.
264 (b) A community redevelopment agency operating under this
265 subsection on or after September 30, 2039, may not extend the
266 maturity date of any outstanding bonds beyond the time certain
267 for completing all redevelopment.