Florida Senate - 2025 CS for SB 1242
By the Committee on Rules; and Senator McClain
595-03806-25 20251242c1
1 A bill to be entitled
2 An act relating to community redevelopment agencies;
3 amending s. 163.356, F.S.; revising the structure of
4 community redevelopment agencies to require a
5 governing body to declare itself to be an agency;
6 authorizing a governing body to appoint additional
7 members of the agency under certain circumstances;
8 providing for terms of such additional members;
9 providing construction; repealing s. 163.357, F.S.,
10 relating to the governing body as the community
11 redevelopment agency; amending s. 163.361, F.S.;
12 prohibiting a governing body from adopting any
13 modification to a community redevelopment plan which
14 expands the boundaries of the community redevelopment
15 area or extends the time certain set forth in the
16 redevelopment plan; amending s. 163.370, F.S.;
17 revising the authorized activities of community
18 redevelopment agencies; prohibiting community
19 redevelopment agencies from paying for or financing by
20 increment revenues certain projects; amending s.
21 163.3755, F.S.; revising the date on which community
22 redevelopment agencies must terminate; prohibiting a
23 community redevelopment agency from extending the
24 maturity date of outstanding bonds beyond a time
25 certain; amending ss. 112.3143, 163.340, 163.346,
26 163.360, 163.367, 163.380, and 163.512, F.S.;
27 conforming provisions to changes made by the act;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsections (2), (3), and (4) of section
33 163.356, Florida Statutes, are amended to read:
34 163.356 Creation of community redevelopment agency.—
35 (2)(a) When the governing body adopts a resolution
36 declaring the need for a community redevelopment agency, that
37 body shall, by ordinance, declare itself to be an agency. All
38 the rights, powers, duties, privileges, and immunities vested by
39 this part in an agency will be vested in the governing body,
40 subject to all responsibilities and liabilities imposed or
41 incurred. The members of the governing body shall be the members
42 of the agency, but such members constitute the head of a legal
43 entity, separate, distinct, and independent from the governing
44 body of the county or municipality. Members of an agency shall
45 receive no compensation for services, but may be entitled to the
46 necessary expenses incurred in the discharge of duties,
47 including travel expenses.
48 (b) A governing body that consists of five members may
49 appoint two additional persons to act as members of the
50 community redevelopment agency. The term of office of these
51 additional members is 4 years, except that the first person
52 appointed shall initially serve a term of 2 years appoint a
53 board of commissioners of the community redevelopment agency,
54 which shall consist of not fewer than five or more than nine
55 commissioners. The terms of office of the commissioners shall be
56 for 4 years, except that three of the members first appointed
57 shall be designated to serve terms of 1, 2, and 3 years,
58 respectively, from the date of their appointments, and all other
59 members shall be designated to serve for terms of 4 years from
60 the date of their appointments. A vacancy occurring during a
61 term shall be filled for the unexpired term.
62 (c) As provided in an interlocal agreement between the
63 governing body that created the agency and one or more taxing
64 authorities, one or more members of the board of commissioners
65 of the agency may be representatives of a taxing authority,
66 including members of that taxing authority’s governing body,
67 whose membership on the board of commissioners of the agency
68 would be considered an additional duty of office as a member of
69 the taxing authority governing body.
70 (d) This subsection does not amend, or require the
71 amendment of, the structure, membership, or bylaws of any board
72 of commissioners of an agency in existence on October 1, 2025.
73 (3)(a) A commissioner shall receive no compensation for
74 services, but is entitled to the necessary expenses, including
75 travel expenses, incurred in the discharge of duties. Each
76 commissioner shall hold office until his or her successor has
77 been appointed and has qualified. A certificate of the
78 appointment or reappointment of any commissioner shall be filed
79 with the clerk of the county or municipality, and such
80 certificate is conclusive evidence of the due and proper
81 appointment of such commissioner.
82 (b) The powers of a community redevelopment agency shall be
83 exercised by the commissioners thereof. A majority of the
84 commissioners constitutes a quorum for the purpose of conducting
85 business and exercising the powers of the agency and for all
86 other purposes. Action may be taken by the agency upon a vote of
87 a majority of the commissioners present, unless in any case the
88 bylaws require a larger number. Any person may be appointed as
89 commissioner if he or she resides or is engaged in business,
90 which means owning a business, practicing a profession, or
91 performing a service for compensation, or serving as an officer
92 or director of a corporation or other business entity so
93 engaged, within the area of operation of the agency, which shall
94 be coterminous with the area of operation of the county or
95 municipality, and is otherwise eligible for such appointment
96 under this part.
97 (c) The governing body of the county or municipality shall
98 designate a chair and vice chair from among the commissioners.
99 An agency may employ an executive director, technical experts,
100 and such other agents and employees, permanent and temporary, as
101 it requires, and determine their qualifications, duties, and
102 compensation. For such legal service as it requires, an agency
103 may employ or retain its own counsel and legal staff.
104 (d) An agency authorized to transact business and exercise
105 powers under this part shall file with the governing body the
106 report required pursuant to s. 163.371(2).
107 (e) At any time after the creation of a community
108 redevelopment agency, the governing body of the county or
109 municipality may appropriate to the agency such amounts as the
110 governing body deems necessary for the administrative expenses
111 and overhead of the agency, including the development and
112 implementation of community policing innovations.
113 (4) The governing body may remove a commissioner for
114 inefficiency, neglect of duty, or misconduct in office only
115 after a hearing and only if he or she has been given a copy of
116 the charges at least 10 days prior to such hearing and has had
117 an opportunity to be heard in person or by counsel.
118 Section 2. Section 163.357, Florida Statutes, is repealed.
119 Section 3. Subsections (1), (3), and (4) of section
120 163.361, Florida Statutes, are amended to read:
121 163.361 Modification of community redevelopment plans.—
122 (1) If at any time after the approval of a community
123 redevelopment plan by the governing body it becomes necessary or
124 desirable to amend or modify such plan, the governing body may
125 amend such plan upon the recommendation of the agency. The
126 agency recommendation to amend or modify a redevelopment plan
127 may include a change in the boundaries of the redevelopment area
128 to add land to or exclude land from the redevelopment area, or
129 may include the development and implementation of community
130 policing innovations.
131 (3)(a) The governing body may not adopt In addition to the
132 requirements of s. 163.346, and prior to the adoption of any
133 modification to a community redevelopment plan that expands the
134 boundaries of the community redevelopment area or extends the
135 time certain set forth in the redevelopment plan as required by
136 s. 163.362(10), the agency shall report such proposed
137 modification to each taxing authority in writing or by an oral
138 presentation, or both, regarding such proposed modification.
139 (b) For any community redevelopment agency that was not
140 created pursuant to a delegation of authority under s. 163.410
141 by a county that has adopted a home rule charter and that
142 modifies its adopted community redevelopment plan in a manner
143 that expands the boundaries of the redevelopment area after
144 October 1, 2006, the following additional procedures are
145 required prior to adoption by the governing body of a modified
146 community redevelopment plan:
147 1. Within 30 days after receipt of any report of a proposed
148 modification that expands the boundaries of the redevelopment
149 area, the county may provide notice by registered mail to the
150 governing body of the municipality and the community
151 redevelopment agency that the county has competing policy goals
152 and plans for the public funds the county would be required to
153 deposit to the community redevelopment trust fund under the
154 proposed modification to the community redevelopment plan.
155 2. If the notice required in subparagraph 1. is timely
156 provided, the governing body of the county and the governing
157 body of the municipality that created the community
158 redevelopment agency shall schedule and hold a joint hearing co
159 chaired by the chair of the governing body of the county and the
160 mayor of the municipality, with the agenda to be set by the
161 chair of the governing body of the county, at which the
162 competing policy goals for the public funds shall be discussed.
163 For those community redevelopment agencies for which the board
164 of commissioners of the community redevelopment agency are
165 comprised as specified in s. 163.356(2), a designee of the
166 community redevelopment agency shall participate in the joint
167 meeting as a nonvoting member. Any such hearing shall be held
168 within 90 days after receipt by the county of the recommended
169 modification of the adopted community redevelopment plan. Prior
170 to the joint public hearing, the county may propose an
171 alternative modified community redevelopment plan that meets the
172 requirements of s. 163.360 to address the conditions identified
173 in the resolution making a finding of necessity required under
174 s. 163.355. If such an alternative modified redevelopment plan
175 is proposed by the county, such plan shall be delivered to the
176 governing body of the municipality that created the community
177 redevelopment agency and the executive director or other officer
178 of the community redevelopment agency by registered mail at
179 least 30 days prior to holding the joint meeting.
180 3. If the notice required in subparagraph 1. is timely
181 provided, the municipality may not proceed with the adoption of
182 a modified plan until 30 days after the joint hearing unless the
183 governing body of the county has failed to schedule or a
184 majority of the members of the governing body of the county have
185 failed to attend the joint hearing within the required 90-day
186 period.
187 4. Notwithstanding the time requirements established in
188 subparagraphs 2. and 3., the county and the municipality may at
189 any time voluntarily use the dispute resolution process
190 established in chapter 164 to attempt to resolve any competing
191 policy goals between the county and municipality related to the
192 community redevelopment agency. Nothing in this subparagraph
193 grants the county or the municipality the authority to require
194 the other local government to participate in the dispute
195 resolution process.
196 (4) A modification to a community redevelopment plan that
197 includes a change in the boundaries of the redevelopment area to
198 add land must be supported by a resolution as provided in s.
199 163.355.
200 Section 4. Paragraph (c) of subsection (2) of section
201 163.370, Florida Statutes, is amended, and paragraph (d) is
202 added to subsection (3) of that section, to read:
203 163.370 Powers; counties and municipalities; community
204 redevelopment agencies.—
205 (2) Every county and municipality shall have all the powers
206 necessary or convenient to carry out and effectuate the purposes
207 and provisions of this part, including the following powers in
208 addition to others herein granted:
209 (c) To undertake and carry out community redevelopment and
210 related activities within the community redevelopment area,
211 which may include:
212 1. Acquisition of property within a slum area or a blighted
213 area by purchase, lease, option, gift, grant, bequest, devise,
214 or other voluntary method of acquisition.
215 2. Demolition and removal of buildings and improvements.
216 3. Installation, construction, or reconstruction of
217 streets, utilities, parks, playgrounds, public areas of major
218 hotels that are constructed in support of convention centers,
219 including meeting rooms, banquet facilities, parking garages,
220 lobbies, and passageways, and other improvements necessary for
221 carrying out in the community redevelopment area the community
222 redevelopment objectives of this part in accordance with the
223 community redevelopment plan.
224 4. Disposition of any property acquired in the community
225 redevelopment area at its fair value as provided in s. 163.380
226 for uses in accordance with the community redevelopment plan.
227 5. Carrying out plans for a program of voluntary or
228 compulsory repair and rehabilitation of buildings or other
229 improvements in accordance with the community redevelopment
230 plan.
231 6. Acquisition by purchase, lease, option, gift, grant,
232 bequest, devise, or other voluntary method of acquisition of
233 real property in the community redevelopment area which, under
234 the community redevelopment plan, is to be repaired or
235 rehabilitated for dwelling use or related facilities, repair or
236 rehabilitation of the structures for guidance purposes, and
237 resale of the property.
238 7. Acquisition by purchase, lease, option, gift, grant,
239 bequest, devise, or other voluntary method of acquisition of any
240 other real property in the community redevelopment area when
241 necessary to eliminate unhealthful, unsanitary, or unsafe
242 conditions; lessen density; eliminate obsolete or other uses
243 detrimental to the public welfare; or otherwise to remove or
244 prevent the spread of blight or deterioration or to provide land
245 for needed public facilities.
246 8. Acquisition, without regard to any requirement that the
247 area be a slum or blighted area, of air rights in an area
248 consisting principally of land in highways, railway or subway
249 tracks, bridge or tunnel entrances, or other similar facilities
250 which have a blighting influence on the surrounding area and
251 over which air rights sites are to be developed for the
252 elimination of such blighting influences and for the provision
253 of housing (and related facilities and uses) designed
254 specifically for, and limited to, families and individuals of
255 low or moderate income.
256 9. Acquisition by purchase, lease, option, gift, grant,
257 bequest, devise, or other voluntary method of acquisition of
258 property in unincorporated enclaves surrounded by the boundaries
259 of a community redevelopment area when it is determined
260 necessary by the agency to accomplish the community
261 redevelopment plan.
262 10. Construction of foundations and platforms necessary for
263 the provision of air rights sites of housing (and related
264 facilities and uses) designed specifically for, and limited to,
265 families and individuals of low or moderate income.
266 (3) The following projects may not be paid for or financed
267 by increment revenues:
268 (d) Sponsorship, whether direct or indirect, of concerts,
269 festivals, holiday events, parades, or similar activities.
270 Section 5. Section 163.3755, Florida Statutes, is amended
271 to read:
272 163.3755 Termination of community redevelopment agencies.—
273 (1) A community redevelopment agency in existence on
274 October 1, 2019, shall terminate on the time certain for
275 completing all redevelopment expiration date provided in the
276 agency’s charter as required by s. 163.362(10) or as may have
277 been extended by ordinance or resolution before May 1, 2025 on
278 October 1, 2019, or on September 30, 2039, whichever is earlier,
279 unless the governing body of the county or municipality that
280 created the community redevelopment agency approves its
281 continued existence by a majority vote of the members of the
282 governing body.
283 (2)(a) If the governing body of the county or municipality
284 that created the community redevelopment agency does not approve
285 its continued existence by a majority vote of the governing body
286 members, A community redevelopment agency with outstanding bonds
287 as of October 1, 2025 2019, that do not mature until after the
288 time certain for completing all redevelopment termination date
289 of the agency or September 30, 2039, whichever is earlier,
290 remains in existence until the date the bonds mature.
291 (b) A community redevelopment agency operating under this
292 subsection on or after September 30, 2039, may not extend the
293 maturity date of any outstanding bonds beyond the time certain
294 for completing all redevelopment.
295 (c) The county or municipality that created the community
296 redevelopment agency must issue a new finding of necessity
297 limited to timely meeting the remaining bond obligations of the
298 community redevelopment agency.
299 Section 6. Paragraph (b) of subsection (3) of section
300 112.3143, Florida Statutes, is amended to read:
301 112.3143 Voting conflicts.—
302 (3)
303 (b) However, a commissioner of a community redevelopment
304 agency created or designated pursuant to s. 163.356 or s.
305 163.357, or an officer of an independent special tax district
306 elected on a one-acre, one-vote basis, is not prohibited from
307 voting, when voting in said capacity.
308 Section 7. Subsection (1) of section 163.340, Florida
309 Statutes, is amended to read:
310 163.340 Definitions.—The following terms, wherever used or
311 referred to in this part, have the following meanings:
312 (1) “Agency” or “community redevelopment agency” means a
313 public agency created by, or designated pursuant to, s. 163.356
314 or s. 163.357.
315 Section 8. Section 163.346, Florida Statutes, is amended to
316 read:
317 163.346 Notice to taxing authorities.—Before the governing
318 body adopts any resolution or enacts any ordinance required
319 under s. 163.355, s. 163.356, s. 163.357, or s. 163.387; creates
320 a community redevelopment agency; approves, adopts, or amends a
321 community redevelopment plan; or issues redevelopment revenue
322 bonds under s. 163.385, the governing body must provide public
323 notice of such proposed action pursuant to s. 125.66(2) or s.
324 166.041(3)(a) and, at least 15 days before such proposed action,
325 mail by registered mail a notice to each taxing authority which
326 levies ad valorem taxes on taxable real property contained
327 within the geographic boundaries of the redevelopment area.
328 Section 9. Paragraph (b) of subsection (6) of section
329 163.360, Florida Statutes, is amended to read:
330 163.360 Community redevelopment plans.—
331 (6)
332 (b) For any governing body that has not authorized by June
333 5, 2006, a study to consider whether a finding of necessity
334 resolution pursuant to s. 163.355 should be adopted, has not
335 adopted a finding of necessity resolution pursuant to s. 163.355
336 by March 31, 2007, has not adopted a community redevelopment
337 plan by June 7, 2007, and was not authorized to exercise
338 community redevelopment powers pursuant to a delegation of
339 authority under s. 163.410 by a county that has adopted a home
340 rule charter, the following additional procedures are required
341 prior to adoption by the governing body of a community
342 redevelopment plan under subsection (7):
343 1. Within 30 days after receipt of any community
344 redevelopment plan recommended by a community redevelopment
345 agency under subsection (5), the county may provide written
346 notice by registered mail to the governing body of the
347 municipality and to the community redevelopment agency that the
348 county has competing policy goals and plans for the public funds
349 the county would be required to deposit to the community
350 redevelopment trust fund under the proposed community
351 redevelopment plan.
352 2. If the notice required in subparagraph 1. is timely
353 provided, the governing body of the county and the governing
354 body of the municipality that created the community
355 redevelopment agency shall schedule and hold a joint hearing co
356 chaired by the chair of the governing body of the county and the
357 mayor of the municipality, with the agenda to be set by the
358 chair of the governing body of the county, at which the
359 competing policy goals for the public funds shall be discussed.
360 For those community redevelopment agencies in existence on
361 October 1, 2025, for which the board of commissioners of the
362 community redevelopment agency are comprised as specified in s.
363 163.356(2), Florida Statutes 2024, a designee of the community
364 redevelopment agency shall participate in the joint meeting as a
365 nonvoting member. Any such hearing must be held within 90 days
366 after receipt by the county of the recommended community
367 redevelopment plan. Prior to the joint public hearing, the
368 county may propose an alternative redevelopment plan that meets
369 the requirements of this section to address the conditions
370 identified in the resolution making a finding of necessity
371 required by s. 163.355. If such an alternative redevelopment
372 plan is proposed by the county, such plan shall be delivered to
373 the governing body of the municipality that created the
374 community redevelopment agency and to the executive director or
375 other officer of the community redevelopment agency by
376 registered mail at least 30 days prior to holding the joint
377 meeting.
378 3. If the notice required in subparagraph 1. is timely
379 provided, the municipality may not proceed with the adoption of
380 the plan under subsection (7) until 30 days after the joint
381 hearing unless the governing body of the county has failed to
382 schedule or a majority of the members of the governing body of
383 the county have failed to attend the joint hearing within the
384 required 90-day period.
385 4. Notwithstanding the time requirements established in
386 subparagraphs 2. and 3., the county and the municipality may at
387 any time voluntarily use the dispute resolution process
388 established in chapter 164 to attempt to resolve any competing
389 policy goals between the county and municipality related to the
390 community redevelopment agency. Nothing in this subparagraph
391 grants the county or the municipality the authority to require
392 the other local government to participate in the dispute
393 resolution process.
394 Section 10. Subsection (1) of section 163.367, Florida
395 Statutes, is amended to read:
396 163.367 Public officials, commissioners, and employees
397 subject to code of ethics.—
398 (1) The officers, commissioners, and employees of a
399 community redevelopment agency created by, or designated
400 pursuant to, s. 163.356 or s. 163.357 are subject to part III of
401 chapter 112, and commissioners also must comply with the ethics
402 training requirements as imposed in s. 112.3142.
403 Section 11. Paragraph (a) of subsection (3) of section
404 163.380, Florida Statutes, is amended to read:
405 163.380 Disposal of property in community redevelopment
406 area.—The disposal of property in a community redevelopment area
407 which is acquired by eminent domain is subject to the
408 limitations set forth in s. 73.013.
409 (3)(a) Prior to disposition of any real property or
410 interest therein in a community redevelopment area, any county,
411 municipality, or community redevelopment agency shall give
412 public notice of such disposition by publication in a newspaper
413 having a general circulation in the community, at least 30 days
414 prior to the execution of any contract to sell, lease, or
415 otherwise transfer real property and, prior to the delivery of
416 any instrument of conveyance with respect thereto under the
417 provisions of this section, invite proposals from, and make all
418 pertinent information available to, private redevelopers or any
419 persons interested in undertaking to redevelop or rehabilitate a
420 community redevelopment area or any part thereof. Such notice
421 shall identify the area or portion thereof and shall state that
422 proposals must be made by those interested within 30 days after
423 the date of publication of the notice and that such further
424 information as is available may be obtained at such office as is
425 designated in the notice. The county, municipality, or community
426 redevelopment agency shall consider all such redevelopment or
427 rehabilitation proposals and the financial and legal ability of
428 the persons making such proposals to carry them out; and the
429 county, municipality, or community redevelopment agency may
430 negotiate with any persons for proposals for the purchase,
431 lease, or other transfer of any real property acquired by it in
432 the community redevelopment area. The county, municipality, or
433 community redevelopment agency may accept such proposal as it
434 deems to be in the public interest and in furtherance of the
435 purposes of this part. Except In the case of a community
436 redevelopment agency in existence on October 1, 2025, for which
437 the board of commissioners of the community redevelopment agency
438 is comprised as specified in s. 163.356(2), Florida Statutes
439 2024 governing body acting as the agency, as provided in s.
440 163.357, a notification of intention to accept such proposal
441 must be filed with the governing body not less than 30 days
442 prior to any such acceptance. Thereafter, the county,
443 municipality, or community redevelopment agency may execute such
444 contract in accordance with the provisions of subsection (1) and
445 deliver deeds, leases, and other instruments and take all steps
446 necessary to effectuate such contract.
447 Section 12. Paragraph (d) of subsection (1) of section
448 163.512, Florida Statutes, is amended to read:
449 163.512 Community redevelopment neighborhood improvement
450 districts; creation; advisory council; dissolution.—
451 (1) Upon the recommendation of the community redevelopment
452 agency and after a local planning ordinance has been adopted
453 authorizing the creation of community redevelopment neighborhood
454 improvement districts, the local governing body of a
455 municipality or county may create community redevelopment
456 neighborhood improvement districts by the enactment of a
457 separate ordinance for each district, which ordinance:
458 (d) Designates the community redevelopment board of
459 commissioners established pursuant to s. 163.356 or s. 163.357
460 as the board of directors for the district.
461 Section 13. This act shall take effect July 1, 2025.